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Full text of "Cobbett's complete collection of state trials and proceedings for high treason and other crimes and misdemeanors from the earliest period to the present time ... from the ninth year of the reign of King Henry, the Second, A.D. 1163, to ... [George IV, A.D. 1820]"

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sa 


St€^te   Trials. 


VOL.  X. 


^ 


COBBETT'S 

I     ••     •    .    •./ 

Q  MP  LCt:£  :d:6.i.L:E:  CrT,!  o  n 

•  ••  •••    •••••»_»•«•••••  • 

:  ::•.::•- ;:..d.j?-..:  :  V 

•••••      •      ••••••••       • 

State  Trials 


AND 

PROCEEDINGS   FOR   HIGR  TREASON   AND   OTHER 
^  CRIMES  Aiq)  MISDEMEANORS 

FROM  THE 

EARLIEST  PERIOD  TO  THE  PRESENT  TIME. 


VOL.   X. 
A.D.  1680—1685. 


LONDON; 


l>mKT£3>  BY  T.  C.  HANSARD,  PETERBOROUGH-COURT,  FLEET-STREBT : 

,  LONGMAN,    HUKST,  BEES,  ORME,  &  CO. ;  J.  RICHARDSON  ;  BLACK, 
FABRY,  &  KINGSBURY;  J.  tfATCHARD;  E.  LLOYD;  4,  BUDD;# 
J.  FAULDER;  J.  BOOKER;  CRADOCI^  &  JOier 
E.  JEFFERY;  AND  T.  C.  HANSURD. 


1811. 


•  •  •  • 


it\H'.<r>H 


# 


«t* 


TABLE   OF  CONTENTS 

TO 

VOLUMi:  X. 


%^   The  new  Anieks  are  marked  {N.] 

305.  Proceedings  tgdiut  james  hollowat,  in  the  Kng'f 

Bench,  on  an  Oodawry  for  High  iVeasoii,  April  21,  a.  d.  1684  •••    '    1 

306.  Ibe  Trial  of  WILLIAM  SAC9IEVERELL  and  Nineteen  others,  at 

the  King's-Bencb,  for  a  Riot  committed  at  Nottingham^  ^  n.  1684      90 

The  CASE  of  the  CORPORATION  of  NOTlTNGHAM,  U  it 
was  stated  by  the  late  William  Sacbbysrbll,  .  of  Bar* 
ton^esq • •••.••iUt.«*....      96 

307.  Proceedings  against  Sir  THOMAS  ARMSTRONG,  in  the  King*!- 

Bench,  upon  an  Outlawry,  for  High  Treason,  a.  d.  ifis^   4..     106 

Remarks  upon  the  AWARD  of  Execution  against  Sir  THOMAS 
ARMSTRONG;  by  Sir  John  Hawlbs,  Solicitor-General  in 
the  Reign  of  William  the  Third 1S3 

308.  Prpceedings  on  ti  Writ  of  Inquiry  of  Damages  betwaen  his  Royal 

Highness  JAMES  Duke  of  YORK,  in  an  Action  upon  the  Statute 
de  Scaadalis  Magnatum,  and  TITUS  GATES,  in  the  King's- 
Bench,  a.  d.  1684 186 

30O.     The  Trial  of  THOMAS  ROSEWELL,  a  Dissenting  Teacher,  at  the 

KingVBench,  for  High  Treason,  a.  d.  1684 147 

na     The  Trial  of  JOSEPH  HAYES,  at  the  King's-Bench,  for  High 
Treason,  in  corresponding  with  Sir  Thomas  Armstrong,  an  Outlaw 
.  br  High  Treason,  a.  d,  1684 ..^.tt.*.* .r...    907 


State   Trials. 


VOL.  X. 


OBBETT'S 

fCOMPLETE    COLLECTION 

or 

State    Trials. 


301  Proceedings*  against  James  HoLiowAV,t  in  the  Kings- 
Bench,  on  an  Outlawry  for  High  Treason:  36  Ciiables  II, 
April  21,  A.D.   16S4, 


HtH  ntauidt 


» ibc  Kctfpcr  oi"  bis  i\Ja|C5ty'«  gnol  of 
_!!,  to  bring  thillier  die  body  of  Jumei 
nfim^r,  ihrnn  in  bit  custotlyi  %i  ghetf  cauie 


•Tlwfisii    *  "f  thisctSRe  in  3  Wod, 

*  41 ;  wIncI  Mt  joks  irft'TTfcl  to,  in 

I     f  **8oili^  time  in  the  sprincj-  dglity  four, 

iBMbir&^  W29  tflk^M  iti  the  \\>*Jt   Inilies,  nml 

rpr.      TTe  xru^  under  an  Onihiuiy  tor 

T^  !  oeyf^ncrftl  offeiTd  hYm  a 

*1  iJul  he  u'lis  prrvrtiJed  on, 

StV  bo|»f  fit  n  |niriliii»,  to  suhmJl  hw\  rfuifcss 
bfloT'*^'.     If  r-  ^nid,  hr  was  drawn  into  s<^nic 
•»'                                            led  how  to  raise 
tec                                             Mho  more  had 
■iuutt                         u  ik-sjgi*  fr»r  feu^izint^  on 
!p  of  some  ihat  \fore  to 
MO  i\if  tt\  n*.n^i  I                  r'       1       1  !d<'d, 
tetiiev  hud  nctrr  fii  it. 

Ik  mJ^  n!  *'"•''■  ,.i  t^vir , 

tad  Wot  ;in^  of  lo, 

kasa^  WTf4  u.^.  ......      i,.ij  that  he  L.. 

OMmd  into  nnr  di^ounic  with  them  U|K>n  that 
m/kjert:  And  fjr  (!id  not  bt^]teve,  there  were 
•INe  I  ;t  approved  of  it.     These 

West  :»  UttmMd,  and  his  bro* 

Ukr:  The  iBlh  pmon  is  not  named  ra  the 
taibiltd  relatian,  Home  said,  it  was  Fei-jjuiion : 
ihlwn  Mi4,  it  wrtsf  G*HKlefnmigb.  Jiollow-ay 
Ihniftfht  hj'  the  iviurf  n*»i  to  be  since  re  in 
.  hat  tic  had  ac- 
*j«thy,  he  wai 
i,  miu  Miro  >v>iii  ;t  nnti  niuvtoiiey.  H^ 
«ei  emi  pfVKnoe  uf  inind.  He^Mcrved 
pmafity  tJnt  wu  evitkst  in  miTtngitig 
rot.  x- 


i 


w hy  execuii(m  should  not  h**  riuardf^*!  npnn  im 
Outlawry  for  High  TrwiBon  ; I  i     The 

Keeper  of  New|faie»  aceori:i    ,  r  com- 

mand of  the  writ,  bronght  hint  ihi»  iluy  to  thft 
bar  of  the  said  court,  where  he  warn  proceeded 
against  io  thi»  mauuer. 

tiii^  pUit,  dilfcrent  from  what  had  appealed  in 
manag^nu  the  Popish  plot.  The  same  men 
wlio  %vere  calJed  ro|fuc!i,  when  they  swons 
ac^inst  papi!it»f  were  Uwkei!  on  as  honest  men 
uhen  they  turned  their  evidence  n^foinst  Pro- 
testants. In  all  his  answers  lo  the  sheriffs, 
who  at  the  place  of  execution  troubled  hitn 
with  many  impertinent  question;;,  he  answered 
them  witn  so  much  life,  and  yet  with  sn  much 
temper,  that  it  appeared  he  was  no  ordinary 
man.  J  J  in  speech  was  suppressed  for  some 
days:  But  jt  broke  out  at  last.  Ih  it  hewc- 
pre^ed  a  deep  sense  of  religion  •  Ihs  prayer 
was  an  excellent  *  The  ct^edii  «if 

the  Rye  Plot  receh  Idow  by  his  con- 

fession.    All  that  disrimi-sv  ;.'    ^  c- 

tioo,  in  w^hich  the  doy  was  r  »* 

peared  now  to  be  a  fiction ;  sum*:  .»ii>nn  >iud 
been  so  httle  taken  eare  of,  that  three  pernio nA 
hud  only  undertaken  to  dispose  people  lo  that  de- 
.*»ign,  but  had  not  yet  lei  it  out  lo  any  of  them. 
So  tliat  it  na<i  plain, that  after  all  the  storj  they 
had  made  of  the  plot^  it  had  gone  no  further^ 
than  that  a  company  of  ^itious  and  inconai- 
derable  |»etisons  were  framing"  among'  tbein* 
selves  some  treasonable  schemes,  tliat  were 
never  likely  to  come  to  any  thing ;  fttul  that 
Rumsey  and  We«t  bad  pushed  on  tlie  exe- 
crable desiigTi  of  the  assassination,  in  whieh^ 
iliough  there  were  few  that  agrec^d  to  it,  yet 
ipo  many  had  heard  i%  from  them,  who  were 
both  BO  fooHah,  and  so  wicked »  a^  tiot  to  dis* 
corer  th«m.**  Buntet;  p.  570. 
B 


I 


I 

I 


STATE  TRIALS,  36  Ch aklbs  II.  \6U.^Pi'oceedings  against  J.  BollMay.    [4 

Ait,  Gen.  It'  yuur  Innlsliip  please,  the  iii- 
dictiiient  iimy  be  read  to  bini,  that  he  may  un- 
dcrst:)n(I  wbut  it  is,  and  may  not  go  bhnd  to 
oxpLMition. 

L.  C,  J.    Ay,  M\\  Attorney,  if  you  pic 
let  it  be  so. 

CLof'Cr,  Reads.  "  The  jurors  being  I 
to  enquire  for  our  sovcmyn  lord  the  king,  and 
the  ho<ly  of  the  county  of  the  city  of  LondoD, 
upon  their  oaths  prcst'iil.  That"— ^[And  f 


3J 

Tlie  rrturn  of  the  writ  of  Habeas  Corpus  was 
first  read. 

67.  of'Cr,  James  llolloway,  hold  up  thy 
hand.  [VMiirh  he  did.]  Thou  hast  been  in- 
dicted in  I^mdon,  by  the  name  of  James  Hol- 
loway,late  nf  JjODdon,merchant,fov  High  Trea- 
son by  thee  oommitted,  touching  the  kinff's 
.  majes^'s  person,  and  the  gori;mment  of  this 
his  kingdom  of  Kii<j:laud,  and  for  not  appearing 
and  aubwerin^rthbt  indic*tment,  by  due  process 
of  law,  upon  the- indictment  thou'standest  out- 
lawed, and  upon  that  outlawry  thou  standest 
atuinted  of  the  same  high-treason ;  What  hast 
thou  to  say  for  thyself  why  execution  jihould 
not  be  awarded  against  thee  upon  tliat  attainder 
by  this  court  according  to  law  ? 

Huilowaj/.  My  lora,  1  have  been  a  great 
while  alxsent,  and  know  not  what  hathoeen 
done  in  this  matter,  or  proved  against  me. 

Lord  C/iief  Justice.  (Sir  George  Jefferies.) 
Yes,  you  have  l>een  absent  so  longlt  seems,  tliat 
}  ou  now  stand  outlawed,  and  thereby  attainted 
of  iiigh  treason  ;  there  is  nothing  now  remains 
with  tbe  court,  but  only  to  make  a  rule  lor 
your  execution 

Huiiuuuy.  If  an  ingenuous  confession  of  the 
trutli  will  'merit  the  king's  pardon,  then  sure  1 
have  done  it. 

L.  C.  J.  For  that  matter  we  arc  not  to  dis- 
pose of  the  kind's  mercy,  he  will  dispcwe  of  hi« 
own  mercy  as  he  shall  think  fit.  Is  Mr.  At- 
torney iutliehall? 

Crier.  Yes,  my  lonl,  ho  is. 

X#.  C.  J.  Then  pia^  M^iid  for  him. 

Which  was  done,  and  in  a  littlo  time  after  he 
came  into  courc. 

L.  C.  J.  Mr.  Attoruc}',  here  is  the  pri«oner 
at  the  bar,  Holloway. 

Att,  (Jen,  (Sir  liobert  Sawvi-r.)  Yes,  my 
k)rd,  I  see  he  is.  Sir  tSamuei  Astry,  have  you 
iLe  record  there? 

CL  of'Cr,  .Yes,  Sir. 

X.  C,  J,  It  has  been  road  to  liim,  Mr.  At- 
torney. 

An.  Gen.  My  lord,  I  would  know  %%liat  ho 
«aith  that  execution  should  not  be  awanlr^it. 

/..  C  J.  He  talks  of  disc^overirs  ntu\  coo- 
tiessions,  which  wo,  you  know,  cannot  take  any 
iiptice  of;  ask  him  ai^ain. 

CL  ql'Cr.  Hast  tiiou  any  tbioff  to  say  for 
thyself  why  execution  sboulil  not  be  awuided 
against  thee,  according  to  law  ? 

HoUi<7tay.  My  lonl,  I  know  not  what  hath 
fN.'en  pro\cti  agrunst  nte,  but  I  hate  madusiich 
an  in^«'nuous  confession  to  liis  iuaje<tty  uf  what 
I  know 

i-K  C.  J.  Pio%«m1  flL'ainst  you  ?  \  on  arc  out- 
lawpil  upon  an  ind^riuicnt  fo.-  high  trea.sun; 
nhat  C'ui  you  say  aL-^uiusl  the  court'',  awarding 
exeeutiiiu :' 

Att.  (Vi/i.  My  luiu.  liu.s  hr  hoard  the  iijdict- 
nient  ujmmi  •tijich  the  outlawry  ^\'*^''  ui'ouniii'd  ? 

LV.  oi'Ci.  .\o,  Su-,  <»ni\    the  subt»tuucc-  w.is 
told  him,  That  hi*  uasind.fted  o(  iii^h  treu-c:!,  j 
and  iMitJawiMltuiu.  iind  atJ»ds  aiiuinted  iiy  ihai  j 
out  la  wry.  J 


At^ 


the  whole  Indictment  was  read.] 

CI.  of'Cr.    That  is  the  Indictment,  Mr. 
tornev^  and  upon  this  he  is  outlawed. 

Aft.  Gen.  And  so  sUnds  attainted.  WhU 
hath  he  to  say  to  it  ? 

L.  C.  J.  Ay,  why  should  we  not  awartl  exe- 
cution acainst  him  according  to  law  ? 

CI.  of  Cr.  Have  you  any  thing  to  say  ? 

HoUoicay.  1  have  said  what  I  have  to  say.  „ 

Att.  Gen.  Pray  what  is  that,  my  lord,  tlilt 
he  has  8ai<l,  for  1  was  not  here  ? 

Holloway,  I  beg  his  majesty's  mercy. 

Att.  Gen.  If  the  kiug  be  so  gracious  at  t* 
admit  you  to  your  trial,  can  vou  makem de- 
fence against 'the  indictment  r  Have  you  any 
thing  to  say  that  you  can  defend  yonraelf  Iqr* 
if  the  king  do  admit  you  to  be  trieu,  and  thai  tf 
a  mercy  and  a  grace,  lor  at  law  you  are  gOBA.' 

i^.  C.  J.  It  is  so,  indeed,  Mr.  Attorney;  if 
you  will  on  the  king's  belkalf  indulge  him  ■! 
tar,  as  1  suppose  you  have  authority  from  iSbm 
king  to  consent  unto,  that  if  he  has  a  mind  to 
try  the  fact,  and  can  defend  himself,  he  shall 
have  that  liberty,  that  is  a  great  mercy ^  I  as- 
sure you. 

Ait.  Gen.  My  hud,  That  is  tbe  only  reasoa 
why  I  did  cause  the  indictment  to  be  read  thai 
he  might  hear  it;  that  supposing  he  were  nol 
outlawed,  but  that  were  out  of  the  case,  if  hm 
hatli  any  thing  to  say  that  could  defeiijd  hina 
from  it,  tho  king  would  not  exclude  hiiu,  but 
ailuiit  him  to  his  trial,  aud  extend  his  mercy  so 
far  to  him. 

L.  r.  J.  Mr.  Aunrney,  it  is  exceeding^  weUt 
Now  you  understand  wliut  is  said  by  tho  kii^B 
Atloriiey,  \ou  ha  vt>  heard  the  indictment  read. 
It  is  an  initictment  of  high  treason,  that  yoa 
with  oilior  false  traitors,  lloiic,  Uumball,  th^ 
tionilciionuhs,  and  the  rest,  did  conspire  tbe 
drath  of  lUr  kiiig.  Now  (hough  you  are  in 
law  acuially  attainted,  as  much  as  it  you  had 
bkfn  tried  and  couvicted,  and  received  'judg- 
ment of  desith  upon  that  conviction,  to  all  in- 
tents  and  purposi*s,  aud  there  is  no  more  fur  the 
court  to  do,  but  to  aviard  execution  upon  thia 
attainder,  and  he  dealt  wkli  as  a  false  traitor, 
\  ct  howrvcr  in  Ub  uiurh  as  you  have  heard  tho 
iuflicinient  read,  if  you  ihiiik  vou  have  any 
thing  to  say  that  would  satisfy  tlic  world,  or  m 
jtu'v.  tliut  \<ni  are  not  guiity  of  what  you  are 
ind'ictetl  and  acv  used  \ti'^  it  seems  the  kin^  ia 
|d(,'r.si-d  to  signit'y  his  gi-acious  iuleotion  to- 
iviiuls  you  by  Mr.  Attorney  Cjenei;ii,thathe  is 
i:»niciiir.|  to  wave  that  other  part,  the  'iltirindcr 
hy  <»utl;ivvry,  and  you  shall  have  the  liberty  to 
'■y  it,  if  you  think  \*ou  can  dciend  yourarif. 
'iiv/Maav,  My  lord,  I  caanot  undertake  4o 


51 


STATE  TRIALS,  3$  Charlss  II.  l6S4.-for  H%k  Tnaun. 


[fi 


myicil',  for  I  have  confinaed  before  his 
Uiat  I  am  iruilty  of  many  things  in 
todicUnciit,  and  I  throw  myself  on  the 
kia^  mercv. 

L  C.  J.  ^Then  h«  confe^scth  it,  and  will  not 
aadprtake  to  fJef>.'n(l  liimself ;  as  for  the  king's 
111. J ,  that  we  must  leare  to  his  majesty,  who 
■  ike  di«peusvr  of  his  own  grace,  we  are  to 
OBBoie  his  justice,  and  must  give  a  rule  av- 

Jost.  \VUhinK.  But  I  hope  every  body  here 
tthfs  aotice  of  Lis  open  confession,  when  he 
■^t  try  it  if  he  would.  Surely  none  but  will 
Mere  this  conspiracy  now,  atler  what  this 
■u  hath  owned. 

I.  C  /.  We  were  well  enough  satisfied  about 
tt  before,  and  so  was  every  honest  man,  I  dare 

JsisL  Witkins.  Yet,  perhaps,  though  he  saith 
il,  and  oUicTS  have  confessed  it.  and  the  evi- 
diaoe  bath  been  made  public,  there  are  many 
penle  that  say  they  will  not  believe  It. 

Lc/.    We  do  not  mightily  concern  our- 

Mtm  what  the  people  say.    I  am  sure  not  one 

rf  si  that  wens  concerned  in  this  conspiracy, 

kic  dared  to  deny  it  absolutely,  thougti  some 

km  been  prevailed  upon  by  ill  advice,  to  pre- 

fUile  about  it,  and  shutic  it  off.    But  none 

tf  diem  hare  bad  the  confidence  absolutely  to 

iaf  the  troth  of  the  fiict,  notwithstanding  all 

Bs  and  reproaches  cast  upon  the 

and  all  the  arts  that  hare  been 

of  to  stifle  it. 

Iitt.  ITitAf  ju.  My  lord,  I  speak  it  the  rather 

hecHse  we  lee  what  work  sir  Samuel  Bamar- 

liitoa  bas  siade  of  it  in  his  Ix'tlers,  where  he 

alb  it  a  Shun- Plot,  and  snvs  it  is  lost,  except 

il  Ae  fSmnd  among  the  Abliorrcrs  and  Ad- 


L  C.  J.  But  now  the  Plot  is  found  among 
tbecsQ&pinitorsand  traitors,  he  may  write  tu 
kBcwnr^ponilents  in  the  country  the  next  time, 
i  H  tbuod  among  the  reftirmrrs  of  govern - 
■ear, and  religion,  that  can  swallow  all  tilings, 
,  Ibttcao  kill  kitigb  and  levy  war,  and  do  tnc 
■mtof  villainies  to  promote  religion  and  re- 
faraation,  as  they  call  it. — Iiet  lis  think  of 
■■e convenif  nt  day,  and  give  such  order  that 
fhe  ibenfTs  sec  execution  done  according  to 


Alt.  Gen.    You  must  first  pronounce  the 
pigment,  my  lord. 

ML    H'itAiHM.    It  is  ncvrr  pronounced  in 
Mih  a  case,  ^Ir.  Attorney. 

L.  C-  J.  No,  we  only  give  a  rule  fur  evecu-  * 
in,  the  outlawry  is  the  judgment,  and  that  is  [ 
■pa  the  record  already  f. 

*  8ee  his  Case,  \ol.  9,  p.  1334,  of  this  Col- 

fSae,  in  tins  Collection,  the  Cases  of  8ir 
Armstrong  in  this  same  year,  168^^ 
A.  D.  1746,  and  of  Dr.  Cameron,  a.  d. 
tlM;  authorities  referrc<l  to  in  those 
Tbe  Mtat.  7  W.  3.  c.  3.  «.  3.  saves  the 
•C  tiic  rei^tioiis  thereby  enacted  on 
vtKssop,  to  sueh  as,  having  been  out- 


Ci  ofCr,  Yes,  my  lord,  we  always  enteritso. 

L.  C.  J.  Captain  Ridiardson,  I'think,  Wed- 
nesdays and  rridays  are  yonr  usual  executioB 
days  m  London,  are  they  not? 

Capt  Richardson.  Yes,  my  lord,  cither  of 
them. 

L,  C.  J.  Then  Wednesday  seven -night. 

Capt  Richardson.  Does  your  lordsltlp  ap- . 
point  Wednesday  next? 

L.  C.  J.  No,  that  will  be  too  quick ;  Wed- 
nesday seven- night. 

Capt.  Richardson.  What  day  your  lonlship 
pleaseth,  I  suppose  I  shall  have  a  rule. 

CL  tffCr.  You  shall  have  a  rule,  and  an 
Habeas  Coruus  to  deliver  him,  tis  the  course  is. 

L.  C.  J.  lu  the  mean  time  take  your  prisoner 
back  again. 

And  accordingly  he  was  carried  hack  to 
Newgate. 

Afler  which  he  sent  the  foUowhig  Petition  to 
tlie  King  for  mercy : 

*  3Iost  great  and  gracious  Sovereign, 
*■  I  your  majesty's  now  close   prisoner  in 

*  Newgate,  and  condemned  fur  my  crimes, 
'  which  I  have  confessed  myself  guilty  of,  in  a 

*  paper  of  my  own  writing,  delivereil  to  tha 

*  right   honourable  the  lonU  of  your  niajes- 

*  U''8  privy  council,  in  which  is  a  true   and 

*  faithful    account  of  all  ihat   I    know    con- 

*  ceming  the  late  Plot,  with  the  manner  how  I 

*  was  drawn  into  it,  and  the  reasons  why  1  did 

*  not  come  in  at  the  first  discovery,  and  cast 
'  myself  at  your  majesty's  feet  for  mercy, 
*•  which  I  hope  your  majesty  hatli  perused,  and 
'  find  no  cause  to  think  I  nave  reserretl  any 
'  thing  uudist.'ovcred ;    for  when   1   was  first 

*  taken,  I  resolved  to  declare  the  whole  truth, 

*  and  nothing;  but  the  truth,  which  I  have  here 

*  (lone,  and  will  own  to  be  true,  before  any  that 

*  shall  offer  to  contradict  it,  or  say  there  was  no 

*  I^Iot ;  and  if  any  thing  more  occurs  to  my 

*  memory,  will  not  fail  to  declare  it.     I  have 
'  '  now  nothing  to  say  for  myself  why  I  sliould 

*  not  he  executed,  according  to  condemnation, 
'  but  do  must  humbly  prostrate  myself  at  your 
*■  majesty  s  feet  for  mercy,  acknowledging  my 
*•  hearty  sorrow  fur  all  tlyit  1  have  btten  guilty 

*  of,  and  remain  in  1io{h*s,  that  that  fountain  of 

*  mercy  which  haih  so  abuudantly  flowed  from 
*■  your  nl^jc-sty*s  sacred  breast,  e«er  since  your 

'  *•  happy  restoration,  is  not  vet  dry,  but  tli:it 

'  there  are  souiu  drops  Ictl  tor  inc,'  which  if  I 

!  *  may  be  so  happy  us  to  obtain,  I  shall  alwaya 

*  whilst  I  live,  endea\oar  to  appnne  myself 
'  your  niaji*sty*s  most  true  una  faithful  sub- 
*ject;  and,  l'hoi>c  will  answer  the  ends  of  a 

*  pardon.  Which  that  1  may  so  do,  r^nd  for 
'  your  majesty's  long  lifi*,  peaccahk!  ami  happy 

*  riMgn ,  shall  t  V  er  pray ,  \  c .    J .  1 1 01.1.0  w  ay  . ' 

His  Petition  being  rejected,  he  was  executed 
April  30th,  1684. 

la  wed,  do  ufterwanis  i  otitic  theuiselves  to  a  trial 
on  the  merits.  Sec  East's  Pleas  of  th«  Ciuwn, 
ch.  !2.8.  69. 


7]   STATIL  TRIALS  MCHAiBLhnBn.\6U^^Pr$ceeding8  0gam9t  J.  Holloway^  [8 


Being  come  to  the  place  of  Executioo,  he 
spoke  to  tlie  ahcrifis  as  tallows : 

Holiowa^.  May  1  have  liberty,  Sir,  to  speak 
what  I  desire  to  speak  ? 

Sheriff  Daniel.  Ves,  Sir,  you  may.  What 
you  liave,  I  suppose,  will  be  by  way  of  disco- 
very to  the  world  of  wliat  you  are  brought  here 
to  (lie  for. 

Holloicaj/,  You  have  roy  Paper,  captain. 

Capt.  RichartUon,  Yes. 

Sheriff  Danief,  Have  it  you  about  you  P 

Capt.  Richardson.  I  have  it  in  my  pocket. 

Sheriff  DunieJ.  Shew  it  him  (which  he  did.) 
Is  it  your  own  hand -writing? 

Hollotcay.  Yes,  Sir. 

Sheriff  BuaicL  Is  it  3'our  own  hand- 
"writinor  ? 

Hoi/oTcav.  That  is  my  own  hand-writing. 
A  discovery  of  wiiat  1  knew,  1  made  to  his  ma- 
jesty, but  a  gn;ut  luuny  people  think  that  I 
iiave  not  discovered  what  1  knew  :  but  I  have 
discovered  what  i  knew  of  the  Plot,  aud  I  am 
heartily  sorry  1  was  any  way  conceilied  in  that 
way:  as  to  tlie  endeavouring  any  thing  by 
arms.  I  do  think  severni  thin«jf8  have  liecn  ilf  • 
managed  in  England,  there  have  lieen  many 
things  done  against  the  king  and  the  kingdom's 
interest,  and  ff  wish  the  kini^  was  well  satisfied 
of  it,  aud  tuat  a  course  miglit  he  taken  to  pre- 
vent it.  And,  I  think,  one  way  to  prevent 
plotting  (according  to  my  weak  ca|Kieity)  is, 
that  his  majesty  would  be  ple.ised  to  call  a  par- 
liament, and  pass  an  Act  of  Oblivion  f(ir  all 
nIottti'N  whatsoever.  There  uas  n  danmabli^ 
Vopish  Plot,  and  I  hiok  upon  the  stifling  of 
that,  to  be  the  only  cause  thnt  any  man  did  any 
thing  in  this.  Had  all  the  Popish  Plotters 
been — 

Sheriff  Daniel.  By  the  way,  Sir,  how  do  you 
know  it  was  stifled  ? 

Hollowatf.  Sir,  we  have  known  that  the  laws 
could  not  lie  suffered  against  them,  and  the 
parliament  could  not  be  suffen'd  in  the  prose- 
cution of  them.  I  wish  the  king  wmm  con- 
suU  his  own  safety,  and  thesafety  of  the  nation, 
and  that  an  Act  of  Oblivion  might  pass,  fori 
believe  there  arc  many  concerned  ;  and  that 
there  might  be  an  end  nut  to  all  news- mon- 
gers, that  write  into  the  (*oni}trv  letters  of 
news;  1  look  upon  that  to  do  the  km"*  and  the 
kin;;dom  more  hurt  than  any  thing  else. 

Capt.  Richarthmi.  Mr.  ll«dlnway»  I  beg  one 
thing,  have  you  discfwcrcil  all  ?  J  di  sire  yo».i 
wonhl  declare  those  (}ou  did  not  name  their 
names)  that,  if  occasion  were,  would  be  ready ; 
but  that  you  liad  not  .<:poke  to  them.  Wade 
and  others  were  to  ninintuin  their  posts. 

Hollmtnj.  No,  Sir,  I  had  not  kjioIcc  to  them. 

Caj.t.  Hichardson.  This  you  did  say. 

Ihlhrway.  Yes,  Sir. 

Sheriff /j«?i it/.  And  that  you  promised  a 
mimher  of  men  in  this  design. 

Hidlon:au.  iVoniise  it !  I  did  propose  I 
might  do  it. 

Cppt.  Richardson.  What  do  you  know  of 
the  conthvuig  the  biuunoss  uf  the  Uy«s«  for 
lopping,  or  taking  off  the  king  aud  the  dtd^c  ? 


^  HoUmcay,  I  was  not  with  them  till  after  t^ 
time  a  good  while  ;  till  about  a  month  or  tin 
weeks  after  the  time  I  was  not  acquainted  with 
tliem .  I  looked  upon  it  as  a  business  not  likdy 
to  take  any  effect  at  all,  for  1  could  never  Ana 
above  five  that  were  conoemetl  in  it. 

Sheriff  Dashwond.  But  did  they  not  tell  y«t 
at  some  one  time,  they  were  eoDccmed  in  audi 
a  tiling !' 

Huilouai/,  \c%  Sir,  they  did  so.  They^ 
told  me  more  thvm  once. 

Sheriff  JJ«7i/£/.  In  Bristol,  or  in  liOndonf 

Jtiolhuay.  In  London. 

Sheriff  Dushrcood,  5Ir.  Holloway,  yon  hsr^ 
a  hiicrty  to  say  an}'  thing  you  have  a  mind  to. 

Holfon-fly.  I  have  little  to  say  more  upoa 
that  account.  I  am  sorry  I  was  concerneil  b^ 
that  ^vay ,  to  do  such  a  thuig  as  to  take  up  anm. 
But  as*to  the  desi^  I  had,  and  the  Plot  I  wa«> 
acquainted  with,  it  was  nothing  against  tht 
king^s  life. 

Cupt.  RichardiOH.  Sure  it  was  the  savae 
Plot,  while  there  wus  a  design  to  seize  the  kiugp, 
and  take  hiiu  frum  e\il  company. 

Holhuay.  We  had  a  design  to  take  then^ 
that  were  guilty  of  the  Popish  Plot,  and  werii 
cnemieai  to  the  privileges  and  liberties  of  th«^ 
subje<^t. 

Sheriff  Daniel.  And  as  a  thing  that 
to  tli'ti,  the  king  was  to  bo  seized  till  he 
sculett  to  thcaie  things. 

lloUo'i  HI/.  It  was  supposed  by  them 
told  mc  of  it,  that  many  things  thai  have 
act4;d  of  late,  were  done  contrary  to  the  kughi 
knowledge,  and  that  the  king  knew  nothinff  iff 
it ;  and  1  am  perfectly  of  that  belief  too,  uiaA 
many  thuigs  arc  done  contrary  to  the  kinff'a 
knowledge.  And  I  was  farther  informed,  tEat 
if  the  king  could  be  but  once  acquainted  with 
these  things,  that  the  king  would  preaeotly 
come  in  to  those  that  should  stand  for  his  as- 
.sistance,  and  give  up  all  those  offendeis  to 
judtice. 

Sheriff  J}(7ni£/.  And  if  yon  could  not  tell  hioi 
otherwibe,  you  would  take  him  first,  and  tell 
him  afterwards. 

IloUiwai/.  You  may  interpret  it  how  yoa, 
please,  Sir.  It  was  that  all  such  difiercnosB 
amongst  the  king's  subjects  might  be  preientsA 
for  the  I'utnrc ;  for  I  believe  then*  were  never 
git.*attr  differences  in  the  spirits  of  men,  though, 
some  think  the  times  were  never  better  than 
now,  liecause  all  things  go  according  to  their 
own  humour  ;  but  I  suppoae  many  in  the  na- 
tion are  satisfied  that  many  things  have  beeft 
done  contrary  to  law. 

Sh.niff  Dunitf.  Was  it  fit  you  slioiild  set  up- 
for  a  politiei&n,  or  a  statesman  '^ 

Holhmay.  No,  Sir,  I  did  not  take  it  upon 
me ;  tliat  uos  for  tJic  scribblers  that  write 
news.  I  do  not  reckon  myself  worthy  to  direct 
in  such  a  cas>p. 

Shei-iff  Diwiit/.  3Ir.  Holloway,  you  do  mfL 
remcmlicr  to  give  the  names  ot'  those  persoaSL 
you  spake  of. 

Uniki£uy.  It  would  be  a  fbUy  lor  nM«  Sii^« 


9] 


STATE  TRIALS,  36  Chables  II.  l6S4.-<-/«r  High  Treaton. 


[10 


to  go  t»  abuse  men  that  I  did  not  know  whether 
Wn  woaJd  be  concenied  or  no. 

Moriff  Datkwifod,  But  that  there  were  per- 
■M  ^t  would  be  concerned,  you  say. 

BoUouray.  That  we  did  think  so  ;  and  if  we 
ihsakl  naiiie  every  one  that  we  thought  would 
hscMicemed,  1  believe  we  might  name  three 
fam  ot  Lundun. 

GipL  JlicAardson*  I  liope  you  are  in  a 
pM  mistake  there. 

HUAuiiay.  For  that  desi^,  I  helieYC  above 
ikiee  (lorts  would  be  for.  1  never  had  any  de- 
■p  Uit  I'ur  the  king  and  the  km{;dom'8  inter- 
«t;  tbou^  1  know  that  denjpd  that  was  car- 
mi  en  by  Kunosey  and  West  was  a  very  hein- 
<«  design,  but  1  belie  c  they  would  not  have 
hmA  many  iu  England  that  would  have  been 
4vk ;  1  ni'ver  heard  of  above  Bvc  for  it. 

fibstf  DsniV/.  Were  vnu  acquainted  with 
W^eol? 

UiAliwa^.  I  was  in  his  company  once  or 

fise,  bat  1  beard  him  speak  against  it. 
[       %inS  DamieL  Was  you  ever  with  my  lord 

!        Btllmmjf,  No,  Sir,  I  was  never  with  my  lord 

flbtebory  but  once,  and  that  was  about  a 

Mb  I  waai  promoting  in  parliament,  about 

Ae  laai-raanttfacture. 

Shsiff  DvmigL  Was  you  ever  with  my  lord 

BaUman.   Never  but  once,  and  that  was 
ibMl  that  buaness. 
SbatS  DamieL  Were  3'ou  ever  acquainted 
*  vv bud  Russell? 

Never  with  him  at  all. 
wcood.    You  were  saying  you 
kmr  ibe  same;  of  live  ;  who  were  the}'  that 
svie  It  he  cuncerned  in  that  matter  ? 
BtUt^ej.   1  ba%'c  declared  them  to  his  ma- 

bbenS  D'jniel,  Did  you  know  Ferguson  .** 
KiMHirfiv.    I  knew  'liiin,  Sir,  but  I  know 
fmsttk*'j  t'i  be  a^piiisst  any  such  design,  and, 
iidfc-d,  we  diu  look  u|>oii  it  tu  be  a  thing  that 
««dd  C(.ui«--  to  noetiect. 

Heriff  DjLs/actud.  Do  vou  mean  the  s«>iz- 
i«lbe  kir.^  :- 

Maii^ff^tr.  I  mean  the  insurrretiou. 

l^ehlT  l>tinicL  Did  you  know  oi'auy  money 
fimk  or  (»r>j!uiM:d  to  buy  arms '! 

BnLLwiif.  No,  Sir,  novrr.  I  hoanl  of  money 
ta  was  u>  be  nuved,  but  1  did  not  know  hIio 
iMla  raise  it. 

ftoiif  Dan*rJ.  It  i«  not  our  business  to  ask 
IWaaoy  questions,  it' you  have  anything  to 
Mrvouniay. 

tSim€ lituhM.ttJ.  if  y^'U  have  any  thing 
li  say  tor  the  di^^harcfc*  of  your  cobscicnce, 

MtUoxay,  I  tliaok  God,  I  never  had  any  de- 
*  ^^fainsi  his  majcKty's  person  ;  what'l  in- 
'  was  oolv  for  the*  gocii)  of  the  king  and 
a,  and  I  did  take  ii  that  it  wmdd  liave 
■•;  and  1  am  very  sorry  that  any  things 
"  base  gone  contrary  tu  law,  as  thi.*y  have 
aod  I  iiope  care  will  lie  laL.^n  t.>  {irevpnt 
ibefiiturc. 


Wm%  aod  I  iiope  < 


Sheriff  Dashwood.  The  kine  bath  said  be- 
will  govern  according  to  law ;  he  hath  done  so, 
and  will  do  so. 

Hotlowai/,  That  I  leave  to  the  judgment  of 
all;  many  know  better  than  I. 

Sherifl*  Danirl.  Such  glossy  pretences  ar« 
very  strange,  to  carry  on  such  a  design,  for  the 
seizing  a  sovereign  prince,  that  you  have  sworn 
allegiance  to,  or  ought  to  have  done. 

Hollcftcay.  I  think  those  pretences,  the 
grounds  that  we  went  upon,  were  no  glossy 
pretences  at  all. 

Slieriff  Daniel.  I  think  il  is,  that  when 
things  are  not  done  as  you  would  have  them, 
you  must  immediately  rebel. 

Hotlouay.  No,  Sir," not  that ;  we  did  not  de- 
sign a  rebellion. 

Slieriff  Danie/,  The  seizing  the  king  is  cer-> 
tainly  a  rebellion,  and  one  of  the  highest  steps 
of  rebellion. 

Hollotrat/,  We  say  this,  that  all  ways  wer* 
used  against  Protestants ;  several  Sham- Plots ; 
hut  no  justice  could  be  had  against  Papists. 

Sheriff  Daniel.  Several  uf  them  viere  exe- 
cuted here. 

HoUmcay.  There  wore  some  executed  at 
first.  Sir ;  but  al'terwaitis,  when  so  many  great 
persons  came  to  be  concerned,  there  was  no- 
thing could  be  had  against  them. 

Sheriff  Daniel.  Tbei-e  were  mighty  searches 
made  about  London,  for  that  great  number  of 
Papists  talked  on. 

HolU/uni/.  There  was  a  great  many  seized, 
Sir ;  but  wuat  became  of  them  ? 

Sheriff  Da??  tV/.  Generally  tried,  and  brought 
to  condign  punishment.  Y  on  would  not  have 
had  every  Irislunnn  believed  against  liunesf 
men.  Snine  peoiile  were  called  papists  in 
inas({uera(lc. 

Holloa  ay.  Irishmen  were  believed  against 
Prot'Stauts ;  after  they  had  turned  about,  and 
had  sworn  against  papists,  they  were  believed 
then.  It  was  well  observed,  *^tliat  while  the 
Irish  evidences  did  continue  in  the  first  dis- 
course of  the  popish  plot,  and  in  the  first  evi- 
(Wncos,  then,  it  is  well  known,  they  were  slight- 
ed, anti  all  cried  out  ai>ainst ;  hut  when  they 
came  to  swenr  against  Protestants,  then  thing* 
were  alt«*r«?d  presently. 

Slieriff  Dashu'(H)(J.  1  pray  God  all  men's  eyes 
m%iy  be  opened  to  see  what  is  done. 

iloUoauy.  1  uould  not  advise  any  one  to  ^ 
that  «ay  to  work,  to  do  any  thingby  ftirce  of 
arms ;  and  I  wish  the  kind's  eyes  may  be  open- 
ed, that  he  may  see  his  eneuiies  from  his  friends; 
and  1  think  he  hath  cause  to  look  for  thfnn  near 
his  home. 

Sheriff  Dashtcood.  Have  you  any  papers  to 
deliver  ? 

Hollmvay.  1  have  no  ot^>er  papers;  what 
paper  I  wrote,  the  council  hu<l.  1  did  write  a 
pa|>er,  that  it  might  he-  fouie  satis^M'tioii  to  the 
opinions  of  pcopl"  «.l'  wl.ut  1  knew,  that  rare 
might  lif*  taken  ii»  pi«-\int  <ither  opiniimR.  if 
ihcK  \\<'V\f  ?\\  rnor.  \vA  that  paper  the  council 
h:id  ;  thon^h  \\w\;  Iviok  il  very  heinoiislT  of  ine 
i  ihut  1  shuiild  p!-f«<:uine  to  write  siu*h  :t  Aiing.  I 


1 1]  STATE  TRIALS.  36  CiiAftLfiS  H.  l6U.^Pr0Citdingw  agmmi  J.  Hefhway,  [  I 


Ifioked  iifmn  it  that  t  couid  not  do  more  for  the 
kirns,  than  to  acciunirii  liim  of  wbil  i  kaew^ 
t'  were  niisitiformed,  tliere  ttii^bt  be 

o.  H>  alter  tJie  own  roil. 

SiiLiiit  l^uMiT^i/.    \ou  have  delivered  no 
puf>ei-  tu  }*Jur  wiie,  or  tu  any  friend*  ? 

liifUoaay,   Thttt^  1  suppose,  is  well  known 
to  tlie  gAuler. 

bhisvitf  DuAhvood,    You  know  betleT  than 
any  body  whether  you  liavu  or  not.     You  may 
ty  Ay,  or  No. 

Hounway*    I  could  not  lie  admitted  to  write 

jy  for  I  could  not  have  pen  and  ink  to  wrile 
mny  thintr  hut  this* 

SIu^fiiF  Daihwood,    And  you  ha?e  not  deli- 
V  iijjer? 

.  1  have  written  to  some  friends.  I 
know  It  i&  supposed  that  1  had  deUvered  a  copy 
of  that  paper  that  the  eouncit  had  ;  and,  1  tliiuk 
if  it  had  heeo  knowu  publicly,  It  would  have 
done  no  great  bitft. 

SbenH' D/ifiit7.  You  speak  of  several  (teoplts 
opinions  ;  what  do  you  mean  ? 

Hoihuaif,  As  concerning'  the  times,  Sir,  the 
management  of  aflairs. 

Sheriff  Daniel.  Prtiy^  Sir,  under  what  deno- 
mination do  you  reckon  yourself? 

UoLLmtay*  I  reckou  myself  a  Protestant. 

Sheriff  JDtimW.  Ofwhatiort?  Of  the  church 
tf  finffland,  or  of  the  Disaenteni  from  them  ? 

Holhway,     I  am  not  a  Disaenter  from  the 
church  of  England. 

8hti  '    Nor  joined  with  thein? 

Hit  a  joiueii  with  them  altogether. 

But  1  Lhoiigla  tliat  if  aov  good  had  been  de> 
signed  for  England,  that  J  had  done  enough  to 
merit  a  pardon ;  for  f  liad  wrote  so  much  of 
tnitl^,  and  was  so  fair  and  plain  in  it,  that  1 
ihouj^ht  it  would  have  merited  a  pardon^  if  any 
good  were  designed,  li"  I  could  have  disco- 
vered more,  that  h»d  been  for  the  king  and 
kingdom's  intcrcM,  I  wuidd  have  done  it;  for  I 
did  not  do  it  rashly,  but  considered  of  it  some 
time  before  I  gave  it  in .  I  hope  it  will  be  a  sa- 
lisiactmn  that  there  was  sucn  a  plot;  what 
other  n>en*s  opinions  might  be  of  it  I  caunot 
tell,  but  leave  every  one  to  their  own  judg- 
ment. It  was  feared  thai  arbitrary  govern- 
ment and  iM»pery  was  dcsignrd:  aud  truly,  I 
think,  at  this  present  time,  by  what  I  can  un- 
dcrxtaud,  that  iliere  is  little  bellcr  de^i^ned. 

Capt.  Rtchardson.    This  18  reflecting  upon 
the  govimmcni. 

«heriff  VashtLOod,    Tht*  is  not  fit. 

llfyliaway.  J  say  it  is  contrary  lo  the  king's 

^^itiicL   Sir,  wc  have  neither  a  re- 

r,nirjl*>n  fur  yOU- 

I  t'jipect  it,  Sir ;  if  troth 

li .  J '.  I ikve  merited  a  pardon,  I 

ought  littve  had  it. 

Capt.   Richardson,    The  king  is  the  best 
judge  of  his  own  mercy* 

HW//CTrn;/.     Had    tbc    Uw    be«i   executed 
^^  -tshoHTcuders,  Ihad  n«verbc«ucon- 

c«  y  l*lot. 

CapL  Ktckardstm,    You  know  the  king  wi« 


veryean]«!ftt  in  thai,  to  bare  the  lawi  ^mi 
ejcecution  against  theiu ;  and  that  be  inovcd 
to  the  pai'Uament  to  have  it  ik>np.  Have  ^ 
any  tiling  else  lo  say  tliat  more  nearly  < 
you  ? 

Hotiomay,  I  wiah  I  could  have  been 
otherwise  seruceubleto  the  king  and  kingdo 
before  I  leli  thvui,  I  should  have  bccji  i£ 
willing  \  and  it  was  always  my  design 
mote  the  king  and  kiugdom'^s  in 
than  my  own. 

Hhetiff  Unmel.     Well,  Sir,  you  MyrJ 
things  very  well ;  hut  others  ill, 

Hotiowai/.  What  t  say.  Sir,  1  leave 
ple^s  jnd^'-menu  ;  if  1  am  mistaketif 
they  will  be  utherwi^^e. 

Hheriff  Dunkl.     Well,  Sir,  liave  you 
thing  failher  lo  sa}*  ? — HoUoway,  No,  Sir. 

Hbei'tff  Dmhu'ood.     I  suppose  you  n^ed 
keep  a  meeting,  or  club,  at  Bristol,  with  i 
therCv 

Bdkrway.    1  know  some  have  repre 
club  very  had  in  Bristol.    A  club  we  bad  i 
the  choice  of  partiamcnt-meo. 

Sheriff  DanicL  The  Horse-shoe  club. 

Sheriff  Dashwood.  Or  the  31  ermaid-c 

HoUumay.  The  Horse* shoe  club,  it  wt 
for  carrying  on  the  election  of  pariift^^ 
men.    ff  all  such  things  should  be  calledi 
there  were  ^ax at  cltibs  kept  by  auothor  i 

Sheriff  Daniel.    Well,  Sir,  you  had  I 

f yourself  for  death,  you  have  no  long 
ive. 

Then  he  opened  his  Bible  and  reaM  *'•*  * 
Psalm,  and  part  of  two  chapters  r 
brews,  and  afterwards  aske<i  the  8hti,U- j 
oM^ht  have  liberty    lo    pray  ;    wbieh 
granted,  he  prayed  as  follows : 

**  Blesi»eil  and  holy  Loi-d  our  Go<],  thou  ] 
before  all  men,  thou  art  the  only  true  God,  I 
Almighty  God,  the  fountain  of  all 
Thou  art  the  discerner  of  all  hearts,  th 
thoiightfl  of  men  are  not  unknown  to  thee. 
Lord,  what  am  I  that  thou  should^t  be  luijidl]^ 
of  me,  or  that  thou  shouldst  suffer  me  now  I 
call  upon  thee,  when  thou  mi gh test  have  I 
me  away  in  the  commission  of  somt-  sin  i  ' 
theci*    Ijiit  thou  ha^t  been  a  merciful  I 
long  suffering  God,  a  patient  God.     O  J 
trust  it  h  far  my  soul's  weJfare  in  brin 
to  this,  though  it  is  an  untimely  end,  fcrl 
cuttest  off  my  days  in  the  midnt^  but  Lord,  | 
trust  it  is  for  my  souPs  sake.    Our  times  ate  i 
thy  hands,  and  it  is  my  sins  that  have  brouj 
me  to  this.     t>h  give  mc  a  true  sense  of  l" 
as  I  trust  thou  hast  done,  and  that  thou  ha 
heard  my  prayers,  and  wilt  be  my 
comforter,  and  receive  me  in  and  throu 
merits  of  Jesus  Christ  our  Lord,  who  I 
himself  a  sacrifice  for  our  sins,  even  for  tbe  tin 
of  the  \*holc  world,  and  now  sitteth  at 
right  hand  baercixting  for  us.    Lord,  bear  i 
in  and  through  him.     Lay  not  any  of  foy  i 
to  my  charge  ;    let  not  the  least  sm  be  unp 
dooed.     The  lea^t  stu  deservctb  damaatioti^ 
Lord,  I  trust  thou  hast  pardoned  tbein  all,  aa 


13]  STATE  TRIALS,  36  Charles  II.  l684.-/(pr  High  Treason.  [14 

The  PAPER  dsUrered  to  the  Sheriffs. 


int  thou  hast  heard   my  prayers,  and  the 

fn^'cni  of  utbcmi  lor  me.     Li)nl,*in  mercy  look 

im  upon  iiie ;  in  mercy  look  down  upon  this 

Mtoa ;  (mnlon  tlu*  crying  sins  thereof.     Lord, 

ikM  seesi  to  %»  hat  a  lit- i^rht  of  sin  it  grows,  and 

liMi  seest  what  wickedness  is  promoted  in  all 

fhoB.  anil  what  little  eh«MHiragemeiit  there  is 

Utawhicli  is  giKid.      Lord,  l)lt!ss  the  kin^, 

■ikeefi  bini  from  all  con-^piracies.  LonI,  g'ive 

Mm  a  scn<ie  of  his  condition,  and  make  him 

kwm  bi<  (mtHiiies  fn»in  his  friends.     O  Lord, 

klhiitt  i<*ok   close  aliout  him,  to  see  who  arc 

rint  him  ;    and   Lord  put  an  end  to  all  plot  - 

ti^.    O  Loril,  make  him  a  happy  prince,  give 

\m  a  siDse  of  his  sins,  and  a  sense  of  wliosc 

Mniat  he  i<.       Lord,  make  him  thy  tnie  ^nd 

Maiol  servant.      Lord,  bless  all  thy  people 

whatatjever  tln-y  are,  and  continue  thy  Gospc-I 

OTT  vbere,  let* it  not  be  rooted  out.     C>  Loi-d, 

Am  knoirest    uhat  contiivauces   have  been 

Bide  a^iinst  it.     Lord,  continue  it  here;  let  it 

%mmU  more  than  ever  it  hath  done.      I^ord, 

■ke  £n;;Iaod  a  place  thou  wilt  delight  to 

6clin,  aail  nuke  them  know  thou  hast  not 

^■k  so  with  every  nation.     Lord,  hear  the 

pnvos  «if  all  thy  people.      Lord,  continue  t!ie 

wpd  in  £nsr<utitl ;    I^t  not  po)>ery,  let  not 

mnry  ^o« eminent  csme  in.    (I  Lonl,  there 

V»  fvwi'laws  in    Kngland,  Jjord,  let  them  he 

fit  a  execution.      Lord,  hear  mc  for  thy  mer- 

CMiiilfie.    I  am  now  coming  unto  thee.  Lord, 

I  kaie  but  a  minute  or  two  to  be  here,  let  thy 

yiril  receive  me,  to  thee  I  commit  my  spirit. 

Mi,  War  ne,  and  answiT  me  for  thy  S«ui's 

■kt,  «^  ii  at  thy  right  hand  interccciing  for 

■«ft»  wfaoa  with"  thee  and  thy  eternal  Spirit 

WafiiHiOoar,  ai:d  ^'lory,  and  praise,  both  now 

•rfcfffBJore.'* 

^  *Thitn  bein*;  a^iketl,  \Vho  was  in  council  at  ' 
tae  ee!ivm  uf  the  letter  1'  I  In  answcreiL)  I 

H.tlav4^§f,  There  was  the  duke  of  York.  an<I  I 
JtefWil  keeper  ;  1  did  not  deliver  it :  !t  wa-i  ' 
■■■C^ptefl  iu  a  letter,  or  givi.n  in.  J  did  not  I 
!■■»  how  It  was ;  fi»r  I  have  been  kept, so  that  ' 
liidBotthe  Ub«.Ti%  to  set?  any  fri^'iid,  till  \cs-  j 
Mty  in  the  aiteni'oun  I  had  the  liK>erty  ot'two  ' 
*  wee  boursk  with  my  wife. 

Capi.  Rtcfinrdwn.  \  ou  had  your  wlic-  \wth  ! 
|Mi  before,  ami  your  sister,  a!id  .some  other 


UUiouav-    But  that  was  never  without  a 

Cape.  iiuharJson.  \  ^^\\  .ire  in  the  rijfht,  j 

Hlenti'  DnttuL  They  do  not  u^^e  to  allow 
•mwler  your  ci^cu.n^tuuces  such  a  liberty 
■5Ji«  talk  of. 

lUUoi-ejf.  1  pray  dA  that  no  nthi.T  people 
■11  €mi0kirn  themselves  w  itli  puhlie  adiiirs,  out 
if  tiMr  o%rn  way;  and  that  the  Kcribd'crs 
il%hl  be  put  down,  for  they  do  more  iuut  to 
%i|aas>iloni  than  any  thin*^  eKe. 

Ifttritf  Ihintfl.  Have  you  any  tbinn^  more  to 

MS'^ilifUviL  uy.  iSiO,  Sir. 

mmUS  D'ifi'tL  Then  God  Iuavc  mercy  upon 

tlmaftcr  which  hf"  was  turntd  uff. 


April  ^6,  1684. 

To  stop  the  mouths,  <Scc.  of.  all  pamphleteers, 
and  newrs- scribblers,  who  ha\  e  done  more  pre  • 
judioe  to  his  majesty  and  kingdomjs,  by  tlicir 
impudent  endtavour's  to  sham  p.ll  plots,  and  to 
fill  the  country  with  false  news,  thaO  they  will 
ever  be  able  toretrune;  and  to  satisfy  all  I 
leave  behuid  me,  1  thouirht  good  to  draw  up  a 
short  account  of  what  1  knew  of  the  late  Pro- 
testant  Plot,  how  I  came  to  be  concenuid,  what 
induced  me  to  it,  and  how  far  I  was  concerned, 
also  my  now  opinion  of  it,  &c. 

It  vva>  my  unhappincss  to  have  too  publi-?  a 
spirit  for  one  ot*  my  capacity,  and  us  soon  as  I 
i:imie  to  be  a  froc  lian,  to  prefer  the  king's  and 
kingdom's  interest  Ictbrc  my  own ;  for  having 
some  knowled}Ve  in  linen-ciotb,  upou  the  pro- 
hibitions of  French  linens,  ^c.  1  thought  the 
linen  manufacture  might  be  brought  to  peifec- 
tion  in  Enii^land,  to  the  veiy  great  advantage  of 
the  poor,  and  so  made  some  trial  of  it  in  War- 
wickshire, where  1  employed  some  hundretls 
of  poor,  ami  in  about  eigliteen  months  time 
brought  it  to  such  perfection,  that  1  could  make 
as  good  cloth  as  the  French,  and  so  well  imi- 
tate it,  that  few  coidd  know  it  from  French ; 
but  the  prohibition  being  not  so  strict  as  at  first 
seemed  to  be,  Frenrh  cloth  was  brought  in 
chea|)er  than  ever ;  so  that  I  was  forced  to  leave 
off  with  loss ;  but  considering,  that  by  an  act  of 

farliament  tor  its  encouragement,  in  a  method 
had  thought  upon,  it  might  be  settled  much 
to  the  king's  and  kingdom's  interest,  advancing 
the  king's  revenue  near  two  hundred  thousanu 
pounds  a  }ear,  and  would  have  employed  about 
eighty  thousand  poor  people,  anti  about  forty 
thousand  acres  of  l«nd  ;  concerning  which  I 
was,  al>oui  June  IGHO,  brought  acquainted  with 
the  earl  of  IOsse\,  to  whom  J  related  the  busi- 
n<ss,  wlio  itii'.nuiiiulely  had  me  to  the  (now) 
f"\v\  of  Ttorlic"-:tiT,  then  Pr.*«?i'ltMit  of  the  Trea- 
sury, and  h*i  l».id  mc  to  sir  lidwanl  Deerint*", 
w'.io  (when  tluy  tniderstood  my  proposals) 
gave  me  something  to  bear  i;iy  charges,  and 
encouraged  me  to  utl'.'nd  tlie  i:t:xt  parliament, 
t'j  endeavour  the  ]u"nM.1ion  then»of;  which  I 
did  almost  t!ii;wi.oI-  .^'s -ions,  and  brought  to 
the  h'jH-.iker'.s  riinmber  soraeof  the  cloth,which 
ujfjcoiujmrivl  with  French,  ^c.  vvA  thedf^igu 
well  {'pprovcil  (»f  by  all;  which  bmught  me 
into  lou  large  aenuaiutance  for  one  of  my  capa- 
city ;  fi(j:n  v.  lioin  I  hcrvd  too  much  (as  hath 
proved,  fir  nsy  i:)*.erc  '.)  of  things  that  were 
in  hi»!id  er.rA'"U'ing  the  Popish  Plot,  which 
prevcnifd  the  doing  any  thing  a**  to  my  design. 
So  that  aflf:r  1  %vjis  encouraged  to  attend  the 
O.'dijrtI  parliament,  which  1  did ;  and  was  de- 
sired there  hy  the  carl  of  Clarendon,  and 
otlni-'.  to  piepire  ;»  bill ;  the  headvof  which  1. 
drew  iip^  thou'i'h  it  proved  to  no  purpose  but 
my  ruin.  1  uish  my  kine,  and  country  might 
ri'iip  tli»'  betiefit  of  what  I  pay  so  dear  for.  The 
more  1  knew  durins^niy  at*  judunceonthosetwo 
parliaments,  tlio  nion^  I  w  as  desirous  to  know  ; 
and  did  by  some  scribblers  and  news-mongers 


15]  STATE  TRIALS,  S6  Charles  II.  iSs^.-^Proceedhgt against  J.  Hollowa^y  [16 

constaiitljr  kuow  most  public  afTairs  that  \% ere    to  be  done  biz  ueeki  befcn^,  that  they  had  oohf 
acted,wl)ich  they  undertook  to  i-c|M'csi|nl  accord-  >  a  parcel  of  amis  ready,  and  that  they  bad  nci^  - 
ing^  to  tlieir  own  liiiinour ;  many  actions  being* ;  thcr  men  nor  horKCs ;'  but  one  said  if  they  couli   , 
represented  very  illc^l,  much  a^nst  the  pro-    haveraiiieddor8(K)/.to  baTebougfhtbor8e8,md 
testant    interest,    in    favour  of  papists,  &c     also  mmetliin^  to  encourage  men,  they  should 
•  11...    _    .  I  have  found  men  enough ;  so  that  I  looked  npoa   . 


that  only  to  be  the  design  of  fire  or  six  penani« 
and  no  way  likely  to  be  acted  ;  but  the  gcnsnl 
design  for  the  insurrection  was  carried  on  h/ 
others ;  who,  though  they  had  mails  a  gml 
stir  in  the  nation,  trying  the  inclinations  of 
peoule,  and  had  ti'eateil  with  the  SScotsand 
Irish,  as  I  heard,  who  were  to  be  ready  at  tbt 
same  time,  yet  were  never  come  to  any  resoln- 


shamming  the  Popish  i*iot,  and  layuig  sham 
plots  up4)n  prottstants ;  abusing  the  rights  and 

J)rivileges  of  the  subject,  the  truth  of  which  I 
eave  to  the  jiidgmeut  of  all ;  but  heanng 
many  sueh  like  things,  was  easily  prevailed 
with  to  be  concerned  in  the  plot,  according  as 
it  was  proposed  to  me,  viz. 

About  July  l^&2,  I  met  with  a  person  who 
then  being  come  from  London,  gave  me  a  re-  .  . 

lation  at  large  concerning  the  election  of  i  ti]^'^  ^ii  t4»  any  time  or  method,  liefore  all 
sheriffs  that  liad  been  in  June,  the  manner  of  t  discovered ;  thou^rli  they  had  lieen 
which  is  well  known  to  :ill ;  he  represented  it  to 
me  as  a  very  illegal  action,  and  that  there  was 
a  devilish  (tcsign  of  the  jiapists  in  it,  to  cut  off 
the  king^s  frieuds,  the  stirring  men  in  both  tlie 
last  parliaments,  as  to  the  prosecution  of  the 
Popish  Plot,  who  I  always  took  to  be  both  the 
king's  and  the  nation's  friends.  That  there 
were  witnesses  had  been  reaily  a  lon^  time,  to 
swear  against  them,  but  they  could  not  ^et 
jurors  to  believe  them,  but  now  they  had  by 
force  of  arms,  &:c.  got  sheriffs  who  will  find 
juries  to  believe  them,  and  so  hang  tlieni  up 
at  their  pleasure ;  that  there  was  none  bnt  had 
council  about  the  king,  who  kept  all  ill  actions 
from  his  knowledge ;  and  if  they  proceeded  to 
swear  North  and  Uicli  at  Michaelmas,  and  to 
choosa  lunl-niayor,  as  thev  had  done  Kherif)s, 
the  Protestant  ginilr)'  were  resolved  (naming 
some)  to  remedy  what  was  dc^signetl,  by  an  in- 
suiTection  in  several  partu  of  i^ngland  ;  and,  if 
possible,  to  g<rt  the  Icing  off  from  his  evil  coun- 
cil, and  bring  all  ]H»pis)i  offenders  to  justice, 
sayiiiif,  that  they  uere  sure  that,  when  the 
king  knew  the  occaiiiou  ot'  ifieir  rising,  he 
would  presently  give  up  all  oflenders,  and 
come  in  to  them.  That  it  should  begin  ii\ 
Nu't'eml^r  iu  London,  Hristul,   Kvetrr,  'ftiim- 

ttu,  Chester,  York,   Newcastle;  and  that  we  .  ,    ._    

should  hear  mora  of  it  in  a  month's  time:  !  tlioii;^hts,  and  actions  of  all,  though  never 


months  contriving  of  it,  from  the  time  I  fim 
hc>ard  of  it.  This,  1  hope,  will  be  enough  to 
satisfy  all  peojde  that  there  was  a  pkit;  1 
mention  no  names  here,  having  given  Ml 
majest}'  a  more  large 'account  of  w  hat  I  kncir' 
of  it,  mentioning  the  names  of  all  that  I  knew 
conccrnc«l.  The  arguments  before  mentioned, 
with  many  others  to  the  same  eflect,  not  only 
soon  prevailed  with  me,  but  made  me  iudeed 
think  it  my  duty  to  do  what  I  could  for  my 
king  and  cbuntr^^'s  safety  ;  being  then  fully 
persuaded,  tliat  not  only  popery,  hut  arbitrary 
government  was  inlcnde<l ;  not  tlien  consider^ 
ing,  (as  I  have  siticc  considered)  how  much 
bloodshed  it  might  hnvc  caused  iu  the  nation  ^ 
for  then  I  thoui;tht  all  woukl  have  been  ended 
in  littki  thne,  supposing  things  to  he  as  to  me 
was  reported.  Diit  1  do^now  declare  my 
hearty  sorrow  for  my  yielding  thereto,  tind 
acting  therein  ;  thongfi  1  can  safely  snj',  I  was 
not  lor  talcMig  thu  king's  life,  but  wholly  for  hii 
|»rcaervation,"  yet  am  satisHcd  that  it  might 
linvo  caused  very  much  bloodshed  in  the  natioot 
hx\\\  nni  glad  it  did  not  take  effect.  Also  I 
dtclarc,  that  I  am  satisfied  it  was  a  very  great 
sin  against  God,  not  only  in  distrusting  hit 
Provjilencp,  hut  in  ollVring  to  take  the  work 
out    of   his   hand,    who  knows    the    hearts. 


therefore  desired  we  loight  consider  lii>w  it 
iui;iht  be  raanaged  in  Bristol ;  which  we  did  ; 
;ind  concludeit,  that  Bristol,  with  abfiut  J6U 
npen,  might  l:>e  easily  securetl  by  a  surprize, 
without  the  bloodshed  of  one  man.  About  a 
month  aher  that,  cauie  the  person  he  mention  • 
ed  we  should  hear  tuova  by ;  but  he  could 
declare  no  more  than  the  fornier  did,  only  that 
the  design  went  on,  and  there  would  be  linn  I  v 
notice  given  to  all  parts ;  but  we  hearof  notliiiii*: 
hut  disappointments  and  delays,  putting  it  off 
from  time  to  time.  In  April  1  heard  of  :i  not  her 
daiign  against  the  king,  and  duke  of  York,  as 
they  were  to  come  from  Newmarket,  Sf>me 
time  in  March ;  but  when  1  enquired  into  that, 
fbunil  it  was  carried  on  by  three  or  four ;  and 
never  oouhl  hear  the  names  of  above  five  that 
were  for  it.-  When  I  heard  it,  I  declared  my 
abbon-f^nce  of  any  such  thing,  and  that  I  was 
confident  ntme  in  our  parts  would  be  tor  such  a 
baM  action.  After  that,  I  enquired  further  into 
iti  and  could  find,  that  dthoagh  it  ww  intended 


sorrct ;  whose  mercy  and  panlon  1  most  hum- 
bly iieg,  and  trust  shall  have;  and  in  confidence 
thereor",  (through  the  merits  of  the  blowl  of  our 
liOrd  aud  Saviour  (.*hrist  Jesus)  can  willingly 
die.  Nothing  (next  to  this  and  all  other  my 
.siii^)  ii»  more  trouble  to  ute  than  the  thoughts 
hmv  (dying^  1  shall  leavi;  my  relations  and 
frit'ods  in  trouble,  concerning  'my  worldly  nf- 
I  fairs ;  boing  by  r»;ason  of  thi.s  unhappy  concern, 
I  not  in  such  a  poslure  as  they  should  be :  So 
that  by  my  di'at'u  my  dearest  friends  will  not 
only  he  \ei\  in  great  It  rouble,  but  lie  under  the 
iwuRure  of'  many,  none  understanding  how 
things  arc ;  ni\  wife  and  children  ruined,  and 
my  creilitors  grtut  losers ;  whereas  might  1 
haVc  b(.*en  thought  worthy  to  live,  I  should 
have  taken  the  trouble  olF  them  all,  and  hope 
in  time  to  have  pai<i  every  man  to  a  penny ; 
for  I  can  from  my  hvart  say,  that  as  1  hope 
for  salv:ition,  I  novor  designe<l  any  fraud  to 
any  man,  bnt  to  pay  every  man  his  due.  I 
have  hcani  that  sunie  shoiUd  say,  I  took  up 
4 


STATE  TRIALS,  36Cbari.es  II.  i6S4.--/or  High  TVeta&n, 


[18 


Herest  to  carry  on  the  plot;  wbich 
or  I  never  was  at  any  charge  therein 
omtaon  expenreii,  nor  never  heard 
y  rai^-ed  opoo  that  account ;  thonjfh 
0,000/.  that  were  to  be  raised  ibr 
Hit  suppose  it  was  not  done.  I 
la  pretty  well  satisfied,  and  hope 
\  na  to  my  iiiturc  state,  and  can 
tve  the  world ;  but  upin  the  ac- 
r  friends  ami  creditors,  considering 
I  they  will  be  left  in,  could  gladly 
me  time,  that  I  might  have  taken 
dal  that  I  fear  will  be  laiil  upon  ine 
jooe ;  but  God  knons  my  heart, 
ind  always  was  from  any  tliouglits 


Aed  that  all  nneans  that  conld  be 
bftve  been  used  to  get  as  much  out 
■iUe,  but  had  it  not  been  my  rcso- 
daite  all  that  I  knew  concerning 
id  also  to  do  what  in  me  Jay  to 
lottiiigs  ibr  the  future,  that  tliere 
end  put  to  iiuch  heats,  difierences, 
■miogs,  that  is,  one  against  ano- 
b»  majestvand  his  subjects  mi<<:ht 
I  lore  and  union,  an  ought  to  be 
■tiiice  and  his  people,  I  bad  not 
I  did  ;  for  I  was  never  a  man  to  be 
ion  by  severity,  and  whut  I  wrote 


wholly  dqicndcd  upon  his  mercy ;  besides,  I 
had  some  other  reasons  why  I  did  not  plead, 
which  at  present  I  conceal ;  and  also  ^liy  I 
did  not  s}»eak  what  I  intended.  More  1  may 
say  at  the  place  of  execution,  before  I  leave  the 
world,  which  will  be  according  as  I  find  things  ; 
but  as  to  a  discovery  of  any  more  persons  (1 
cannot)  than  has  been  nJready  menttoneiL 
Should  I  mention  any  whom  I  itiought  would 
have  been  concerned^  I  may  much  aliusethem, 
tlioiigh  I  believe  many  thousimds  in  the  nation 
would  have  apjteareil,  for  the  reasons  afore- 
mentH>ned,  which  causeil  me  to  be  concerned. 
I  doubt  not,  but  several  that  were  concerned, 
who  are  or  may  bo  cleare<l,  for  want  of  suffi- 
cient proof  against  them,  or  by  his  majesty's 
mercy,  will  blame  me  ibr  confessiug  what  I 
knew ;  and  not  much  grieve  thai.  I  iaikd  of  a 
panlon,  or  at  my  death.  But  1  repent  not  ray 
conft^on ;  and  could  1  discover  more,  wouhl 
do  it  willingly,  though  I  find  no  mercy  with 
man.  '  James  Hollowat. 


due  consideration,  being  no< 
roflk     I  do  snppose,  that  making 

waA  large  contcnsiun  at  first,  ami 
ttioBsthiit  might  be  observed  in  luy 
A 1  perceive  were  intercepted,  may 
ilboogtits  that  I  sti!l  reserve  some 
inavered ;  but  as  to  my  t^nfcKsion, 
ally  done,  I  had  had  some  weeks 
ItyjigKto  mind,  and  :!S  for  }MM-s<ins, 
«e  account,  and  of  all  pussaf^^es  1 
MJbcr,  thougl)  vA^a'i^  do  a!:d  m:iy 
Biml.  What  1  suj»ivfKii  was  oliscrv-  j 
ttlers,  might  hv  sj'ir.v  fcif.Jish  ex-  | 
Mcmiusr  soiiit^  uf  my  acr(ua!i:ta>ice,  ' 
wouki  betray  nu  t'neutl,  meaning-, 
Btity  should  cause  me  to  accuiir'  any 
ciy  to  save  myself,  idthough  (if  1 
lltbe  accusing  of  a  ni'.mher  of  {ler- 

llave  saved  i:iy  iitV*,  and  bud  hreti 
rwold  do  any  vu'h  thing  to  save  iiie) 
■met  cause  c-f  any  n\mi ;  for  wlaii  1 
aderi,  tlwse  :n*ltri«tol,  '•.I'l  d>e- 
ift  were  my  ni:^*.  iiitiuiJite  :ief}u:»iiit- 
led  to  do' any  *.W."*x  f'.r  ?•«<•;  liay. 
neeive  letters  whe:i  I  wr  )tL'  to  thei;:. 
af  should  hf  fouiid  ti  liuM  corres- 
iidi  me.  >Vlien  i  crave  in  uiy  con- 
Mwd  not  up>.>ii  tffrtns  id'  a  pardon, 
Ident,  if  truth  Mould  mr.rit  mucy 
iW,  I  shouM  ha\e  Ills  pHr>iou,  and 
■  the  only  way  lo  s:ti!i  uiLvey  with 
id  it  already  that  o*  op'le  nru  {UiKiiini; 
Mi  upon  me,  some  on*:  way,  c^iid 
htft  ^  "^.^  "'^'  plea'.lin&(,  aud  i.c- 
(ipMiier  tnal  whim  Lt  wat  oH'Mvd, 
Ml  Canfcosed  tbe  uliole  iniiiotniem ; 
iMniS  ^r  1  S'^i'l  ^i»i'-.  ^Viiat  1  was 
nmi  tnnfrf  nl  to  liis>  liiujesty,  aud 


In  the  Year  1684  were  published,  in  a  folio 
Pamphlet,*  "  Tlie  free  and  voluntary 
"  CONFESSION  and  NARRATIVE  of 
"  JAMES  HOLLOW  AY.  (Addressed  to 
"  his  Majesty).  "Written  with  his  own 
*«  Ifanil,  and  delivered  by  liimseir  to  ]\Ir. 
»*  Sirretary  Jenkins ;  as  also  the  Pro- 
*^  cecdings  against  the  said  James  Hol- 
<*  loway  in  his  Majesty's  King's-Bench 
"  Court,  Westminster ;  and  his  Petition 
**  to  his  Majesty.  Togellier  with  a  par- 
' '  tieular  A  ccount  of  the  Disconrsj  as  passed 
*'  between  the  Slieriifs  of  Londtin  and  tlie 
*'  said  James  Holloway,  at  tlie  time  of  liis 
*•  Execrtion  for  Ili;^!*.  Trciso!!  ul  Tyburn, 
"  April  :J0,  lOui.  With  bis  Prayer  im- 
**  metliptely  U  fore,  and  tlic  truo  Copy  of 
*' the  Proper  ilr-llvonvl  Uur.u  at  the  same 
*^  tiriu;  aiid  placv.  l.o:u!on:  IVintcd  for 
"  l?i,li'  rl  Horn,  Jolin  Barker,  and  Join 
"  H«.'diijj»ync."  Tlus  Pamphlet  contains 
all  th«*  AKiVler licre  printL'd,  touvther  with 
the  ll>llowip.2' 

CONFEJ-:si<)N  OR  NARRATIVE. 

Cirejit  Sir, 
I  \our  uiaicr-.ty's  most  Ijunihle,  hut  to':  nuich 
nn-:levl,  and  i!iN.'>fMlif.nt  sui)jccl,  do  lu-ie  nK";t 
faithfully,  aeeordinj^  to  the  best  uf  my  reincfti- 


■f  At  Tne  t?Mi  of  the  jiaTnphlet  is  the  f^dlow- 
ing  linpriinatir  :  '»  V.  c  ::;>TM.i:il  Kobert  llorii, 
'•"John  llekm-,  ami  J^nu  UiMnasn,  to  print 
*'  tln'sc  paj-erf,  o\A  i»i  .t  none  'nher  print  the 
*' tame.  i*i::i.;.  Damel. 

G 


ID]  STATE  TRIALS,  36  Charlis  II.  iesi.-^rroceediugiugaMt  J.  HoUcway,  [90 


lininrc,  irivc  you  an  account  of  what  1  knew 
eoiurniiiijj  ilie  lute  discovered  conspiracy,  b<»\v 
I  caiin*  to  be  coiu'cnieil,  how  far  I  was  cun- 
ccrncii ;  how  it  was  so  have  been  rarritnl  on 
ill  Ihisiol ;  wh^v  I  did  not  come  in  at  the  tirsl  j 
(lisci:tery,  aml'cu^t  n)\s(lf  at  your  UK«jf3l>'.s 
fivt  tiir  lUcn  y  *,  how  I'luatW  iny  csca|«s  ami 
whcro  1  wai**ii:l  luk*n.  Jf  1  shall  throujrh 
f(M-j»vifiil!iL'sisi  omit  any  tliinj^  ihal  it  may  be 
thoutjht  I  aui  privy  to,  1  t»hall  be  rcady'and 
'wiilin;'^  truly  to  aiiKwcr  any  question  that  shall 
be  asked  by  youi'innjotv,*  or  any  your  most 
honourable  pri\y  council,  no  way  despairing 
of  your  niaj<  .sly 's  uurcy,  luu  remain  in  hufics, 
that  that  iouutuin  ofnicrcy  which  hath  so 
abundantly  tU>wcd  fi  om  your  sacred  breast  ever 
siui-e  your  happy  r(>Nturaiiun  is  not  yet  dry, 
»ni\  tliat  thci-e  is  s*>nie  drtips  lelt  for  me,  who 
doi'ht  not  but  to  serve  your  majesty  both  at 
home  and  abroad,  laiu'h  more  living  than  my 
ikath  will. 

I'hat  w  Inch  1  have  cause  to  impute  the  oc- 
easinn  cf  my   boiiit^  concerned,  was  my  too 
public  spirit, ' prt  :«-rrinjj^  v  our  uuijcsty 's  and  my  ! 
e.ouu!ry's  interest  much  Inilure  my  own,  but 
espcc:i;dly  in  altciidinijf  the  two  last  p.irUamenU, 
pn»n\(.tinjif  an  act,  for  th.f  encour.imimcnt  of 
the  Mneu  Maimfatturo,  a;id  the  pn  \eiiti:)j;- of 
frauds  in  y  uui-  majesty \s  cuslouis,  :^c.   which 
would   huvo  brought  in,    and  saved   to  your 
maJLSty  ni'ar  '2(>0,()00/.  per  ann.  and  employed 
many  iliuu;v:uils  of  poor,  6cc,  as  is  well  known 
t<>  many  uoithy  persons  abt»ut  \ our  court,  and  ! 
ii:djed  provi'ti  usy  ruin,  otherwise  than  in  tliis  I 
C'sneern  by  brinjiiupf  me   into  too  great  ac-  | 
(jii.:i.itance  for  oi>f*  of  my  capacity,    and  by 
!li:»l  tube  c<iiice>iU'l  .:*;  1  WU';.      My  atte-ndaa'c 
o.i  tho.?e  two  pari.^iaents  i  doubt  have  been 
iiji;ripre;>inted. 

(lotv  far  I  was  concerned. 

Ai'tir  Ihc  dissolution  of  iho  two  last  parlia* 
iiicnis,     1     observed    a    ;j;ii!at     dissatisfaction  i 
iii  pi'opli-,  ill  iiuisi  parts  where  I  traxeTbd,  but  : 
lje:ii(l  iMihinrr  of  any  deaiy^n  till   July  UuTi,  ' 
v.iit'ii  one.  \!r.  .lost.'ph  Tyly,  of  Hrist«>l,  cunic  I 
fruui    Loiiilo::  ;    1   uieetiii^  with   him,    askul  | 
wliai  iwws,  he  aiiswercd  to  this  effect,  all  bad,  I 
ami  if  siiMie  ^ptrdy    coui*se  be   not  taken   we 
sIimII   Im^  all   undone,    for  by  their   aibitrary, 
iilei^^ul  ways,  ami  by  force  of  anus,  they  have  i 
t;".ot  slM-ri/is  to  I  heir  minds,  witnesses  they  had  | 
bt  (ore,  but  xKiiit'Ml  jurors  to  l»elievetlit:m.  now 
tb.  y  innt'irnt  .slurilfs,  namin<^  3Ir.  Xor'.h  :u.*l 
Mr.  Jde.h,  who  \\\\\  fuid  juroi-s  to  b«'lie%e  any 
e%i(U  iici*  ai4-aii..>t  u  prutestant,  and  so  hang  up 
nil  ilie  kind's  friends  by  dci^rees  ;  I  then  told 
hnii   that  I   thous;ht  it   was   iin|N)s<;ible    such  j 
tliiiiir.s  could  be  done,  but  the  kini^  nmst  hear  I 
cit'il;    no,  said  he,  there  is  none  suffered  to  I 
couip  near  the  KinGC,  but  those  who  have  been 
decldicd  enemips  to  the  kin«r  and  kingdom  by 
]iarlis)ment,  naming  Kome  that  were  mentionetl 
in  thi>  priutril  \otes,  who  to  save  themselves  do  ! 
cndtavotir  to  keep  all  such  things  from  the 
kind's  kuouh-diTo,  and   persuatle  him  against  ; 
liariaiuiut^.  with  uiucU  u;oi'i{  such   Ukc  dis-  ; 

J 


course,  by  which  I  found  the  same  was  dis- 
coursed Itiroughout  England,  Scotkind,  and 
Ireland,  as  a  means  to  engage  people.  At 
length  he  told  me  that  the  protestant  jgentrj't 
naming  the  carl  of  Shafteb-bury,  lord  Howard 
of  Escrick,  and  others  were  come  to  a  iiesolti- 
tion,  sc>eiugfair  means  v\ould  notdo,  bntall 
things  on  the  protestants'  side  are  inisrepe- 
sentcd  to  tlie  king,  by  such  great  enmi- 
nals,  and  none  iivore  in  favour  tbun  those,  ta 
t.'die  the  king  from  liis  evil  council,  and  that 
by  an  insurrection  in  several  parts  of  Eoglaod 
al  once,  viz.  luondou,  Bristol,  Taunton,  Exe- 
ter, Chester,  Newcastle,  York,  and  some  other 
places  in  the  north,  and  that  there  would  be  a 
considerable  party  ready  in  Scotland,  and  ano* 
ther  in  Ireland, *^thcrdore,  said  he,  vtemust 
consider  how  to  mana<jrH  aihiirs  in  Hristol,  fiir 
if  they  praceed  at  Michaelmas,  in  choosing 
lonl-mayor  as  they  did  bherilfs,  and  to  awear- 
in«7  of  North  and  Hith,  it  must  begin  in  Oe* 
tolxir  or  Movember,  otherwise  there  will  be 
some  sham  plot  contrived  to  take  off  mo&t  of 
the  stirring  men  in  the  last  parliaments ;  with 
much  other  discourse  Cb  the  same  effect ;  add- 
ing, that  Mr.  Wade  would  come  down  very 
suddenly,  by  whom  we  might  expect  a  foil 
account  of  all.  y\  bout  the  ended*  Auj^ust,  as 
near  as  I  ciui  remember,  Mr.  W.'uJe  cania 
down,  who  cH)ntirmed  what  Mr.  Tyly  had 
said,  but  coidd  say  little  as  to  any  fartlier  re- 
stdution  they  were  come  to  above,  either  of 
any  time  or  luethod  agreed  upon,  but  that  tbo 
design  went  on,  and  men  were  employed  iu  all 
parts  to  try  how  people  were  inclined,  who 
found  enough  ready,  and  that  there  would  be 
no  wans  vi'  men,  it  it  was  once  begun.  Then 
we  considered  how  it  mij,lit  bf?  inanagcd  in 
ilristul,  and  wh:it  muiiber  of  men  might  be 
iieeilful  for  the  lii-st  or.>.et ;  towards  which  he 
s-.iid,  we  miu'ht  depend  on  loO  men  from 
Taunton  or  thereabouts,  and  concknled  that 
;>oO  might  Ih:  sutlicient  to  secure  it  without  the 
bloodshed  of  one  man,  it  being  our  design  to 
shell  no  blood  if  possible  ;  but  this  we  resolved 
not  to  aecpiaint  any  of  our  friends  with  it,  till 
the  day  aud  method  was  rcscdved,  of  which  he 
said  wo  shoidd  have  ten  or  fourteen  days  no- 
tice ;  and  having  soon  consideretl  of  a  method, 
wuited  in  expcdati'jn  of  further  advice,  but 
none  came  till  November  ;  then  wc  heard  that 
some  disappoiiitnn-nt  happening  they  were 
forced  to  d«day  it,  though  there  was  moie  and 
na-n:  cause  for  it.  The  end  of  December  or 
Im  ginning  of  January  had  advice  that  it  waa 
deftrred  to  tlieb».tjinnlngof  !\larch.  The  third 
of  March  1  came  to  jjondon,  and  meeting 
wit!.  !\ir.  Wade,  asked  him  how  things  went* 
who  answered  that  he  coubl  not  tell  what  to 
make  of  it,  for  he  could  find  nothing  done, 
more  than  was  nine  months  before.  The 
great  persons  who  were  the  managers,  having 
done  notbii:g  but  talked  of  things,  lint  now 
there  was  some  others  appointed  to  manage  it, 
u  bo  were  men  of  business,  naming  them  U>  me, 
viz.  the  curl  of  Kbse.x,  the  lord  IIt;ward  oi 
Lscriwu,  liitt  lord  Urey,  the  lord  ItusselK  col. 


Sdarj*  major  Wildman,  Mr.  Hampden  the 
€r,  ftncJ  M  r.  Charlton,  who  he  did  siiiiposi' 
make  soinrthing  of  it,  and  not  do  as  tlie 
had  «|f>Dr,  niakt*  a  }i*ar.s  talk  lo  ensnare 
■MiTthousnrjfN  of  pcf »i»l«*  to  no  purpose;  lor 
tkfselttd  kfreadv  st:nt  nu*sscn«r<  l'^«  into  ^U•ot- 
MiBfi  Irr-iainL  to  know  thnir  minds,  ni'min^ 
«rlaroii  Smith,  sent  into  Scotland,  and  at  the 
IfBRfif  the  iiiessen^fcrs,  would  come  to  a  i*eso- 
iMas  to  tin)C  and  method,  but  he  was  oonti- 
iBKtbc\  could  not  hi  nMd5'bitbref}]idsumiiuT, 
lvia»ii)  thev  bad  done  so  little  in  order  to  it. 
Mr.  Wade  was  t!ifn  dfM;;ncd  into  the  wet,  upon 
AectTi'of  St.imf(»rd*s  husincss,  and  said  it  he 
u&dcrstund  aiiv  thinsrniore  before  lie  left 

he 
ttus 


STATE  TRIALS,  36  Ciurlf.s  II.  \CSl,—/or  IJi^h  Treason.  | \>2 

duke,  eoniinnr  from  Newmarket,  wliieh  they 
e\pei*titl  would  ha>eh(>cii  that  Saturday  men- 
tioned in  his  li'ttiT,  hud  not  tho  lir«'  h.ipp«Micd, 
whicii  e:ni^"d  thrni  to  eiMu*.'  ^oonor  ;  nay,  Faid 
lit*,  hatl  we  l.nown  ihvy  would  have  staycMl  ro 
ionjy  as  th'^y  did,  tlx'ir  h-isiiu '';s  slmold  ha%c 
Wf^n  done  :  1  tli'-n  asked  him  what  lie  meant  hy 
desirinij  Mv.  \\i\i\v  to  fjet  his  elifiits  tofjithrr 
h\  that  «lay,  ami  what  h#*  eould  prop'»se  they 
sfumld  huv'edono,  to  wliich  lu*  could  ♦<:ty  litlii*, 
only  that  they  mi<rht  be  ready.  1  tln'n  told 
hini,  that  1  thous^ht  it  a  very  rash  tliin«jf.  a»!d 
that  few  in  Kn<rland  wouM  approve  ot  it,  that  I 
was  sure  none  about  us  wouUI,  bcir.nr  a  most 
eowanllv,  dishonouraide  action,  In'si.los  the 
uould  take  Hristoi  in  his  way,  and  bas<'st  sin  of  m>ir(h'r  ;  then,  saiil  h<>,  what  is 
uitli  it.     This  join-n;'y  Ik-  brouo'lit     dt-siyfu.'d  by  thf  f»-,MUTal  desijjn  hut  lo  take  them 

■ttooL'l.   Kunist'V.  with  viliomue  had  little  j  both"  off,  and  if  it  had  he<n  doni*  tl.al  way,  it 

hmats^;  he  b«*i:i;J  ?oin(r  forth  with  his  lady.  ,  wonki  have  prevented  a  great  dtal  o\  hlo<»d.-h4'«I 

lliaith  «'f  March  1  left  Loudon,  and  ueiit  j  in  the  nation;  no,  said   i,  no  such  thin«^  i)» 

&Ntlf  for  Bristol ;  about  the  12th  of  March  ;  d*.'sii;tied  as  1  know  of,  the  general  desi^^n  l>einir 

lbW;<de  came  to    liristol,  but  then  could  say  (  only  to  sfet  the  kinj^f  ort' from  his  evil  counsel*, 

Maretban  as  above,  the  incsS4*n£rer.s  heinlf  '  who  had  advised  hiiu  to  put  a  stop  to  procet d- 

iicMie  Uick  trotii  8«*otlaud  nor  Ireland,  and  '  incrs  a^piinsl  Popish  l*Iotl<  rs,  by  diss>dvin^  of 

mtf  bi>  f<>riii<n'  opinion,  that  if  any  tliinof  j  p'arliaments,  \e.  and  to  bririf;^  afl  Popish  oneii- 

VRdonc,  it  could  ni)l  be  More  .Midsummer,  '    ' 

kite  €\pcct-.-d  to  b<'  abouttwo  mouths  in  the  | 

VM,  and  said  that  it'  any  thiu>4-  was  agfreed  i 

ifn  *».ier,  one  >lr.  \\  e>t.  a  counseUor>>liad  . 

fnniiHS  to  M  rite  to  him  in  the  nanu;  of  lnc;-le- 

a«e,  «a«l  (tirc4'l  his  letter  to  be  left  at  his  bro- 

ikr'iin  HrMol,  who  Wade  ordereil  that  if  any 

mdt  kt>r  c;iiiie,  to  open  it,  and  if  any  thinj^ 

■Bexn«  ia  it,  to  s<:nd  it  hy  a  nu*ssen^T*to  him 

■lb  tLr  vv»t.     About  the  ITlli  of  Mandi  came 

%  Wtter  t-r  hilt   from  Wist,  in  the  name  of 
&«'•''■?*•  Xh.  H Inch  his  brother  opoued.  r.nd  not 

fc-aiffi.:  ::•;  .^  iSi.'  «.i;ic,  brouuht  it  to  me,  but  I 

iaew  a  •;  :  e*  KiOinir.^  thereof.     The  eonlents 

•*»:•- ..-.-A   \lr.  \\ a<i«.' M>  jrci  lii^  clients  to- 

gcd:*r  ;•.►.    I..  \i  S-.itiird.iy  eoui*?  t'lrtniubt.  for 

tan  .•!<• ::.  "• 'Jiy  u^>{H)inted  t-i  kimI  the  wntiiii^-^, 
lad  >iX!-.*  r   .:    I.N  iHu'eiMiudis,;;  it,  his  broi'ii.'r 
mb}  u  »ii--'»'"*iiir»Taff<;rliin.,  whofoiiisd  him 


sT&i 


«hi>>tojtistice,  and  such  who  had  betrayed  the 
liberty  of  the  subject :  and  this  1  think  was  all 
the  d'isroursc  we  had  at  that  time,  heinj^  the 
tirsi  of  my  acquaintance  with  him  :  that  nijfht  I 
went  with  him  to  a  tavern  in  I'leet-sirect, 
when?  was  eaptiiin  Nort<in,  Kichard  tit»oJ- 
enough,  and  one  Mr.  Aylif,  who,  to  my  kiiow- 
ledfifc,  I  never  saw  befo'n?  nor  since;  whilst  I 
was  with  them  there  was  no  discourse  of  any 
business,  hul  1  so<m  kft  them  totrether.  The 
next  ilay  Mv.  Koe  <d*  J^ii^t.d,  biH)Uuht  me  lo 
Mr.  I'erljuson.  at  the- house  ot  one  Mr.  }V«urno 
a  brewer,  but  was  imladuulted  to  see  him  him- 
self. \'\  rtfuson  then  w^iit  by  the  name  of  Ko- 
bert>,  w  h«i  \«  hen  i  had  lohi  my  name  a-.nl  from 
\^  hence  1  <\nne,  was  preity  free  in  ihs^'ourse 
with  me,  and  told  me  the  d««si',ni  uent  on  very 
well,  that  there  were  souu*  SeotUsh  crentlenien 
ome  up.  who  were  tr:*atL«iu'  with  the  ma- 
nuLfers,  and  did  hojM*  th<  y  wmdtl  atrrec  in  a  few 
days,  aii'l  come  t<»  a  res.)lulion  btilh  as  i.i  ii;r.e 
am!  metiiod,  r)f  vs  iiish  we  should   li.,velimeiv 


}»v  all  his  «!i- 


iiurse  at  that  time,   I 
uuv  ihintj  of 


>''.\  |ji>  wnsuer  hy  the  nu'sseniij  v  ! 
VH, tit.:    •*.-  knetv    n'.»l  ti:e  lueanint^of  it,  but  j 
dbasiil  !•«  •%::iiiiit*  !i  iiiih-s  (»f  lirisfol  the  nevt 
Itoinjay .  •!»-  ir.n*^  thit  d'  aiiy  other  Ivtter  came,     notice,  ;>u'. 

toira>l  It  t"  !-.Mi.  .\h')'.it  three  dnyvatb'r  came  could  n-fl  W'i«.ei\e  thai  lie  knew 
MHiKr  h  ir«  -  ;,'♦  ;»b'»ve,  dcsirin*:  him  not  to  i  the  Ni;.Mi!i;;kei  iieNJi^n. 
Cll  bib  I  \i'  ii-  to^fther,  for  the  time  of  s<'i!lin«4'  j  That  day  I  l.u.i  some  discourse  w  ilk  eohmel 
Vli  put  •'•:.  v>li'.eli  letter  was  also  sent  to  Kim.  '  Uiimsry  ai  hi-i  hou-je,  wlio  I  {"(I'lik!  e  is  privy 
Im  b^  •..••i*  r»*!<»od  it  not,  siiyu)ir,  it  ivas  some;  to  the  NewiLurkt  t  bu«ine'?»,  it-od  his  opimim 
■ib  (mi*  :i«  s«t  f.r  (•ther,  ami  scv  eut  back  a^ain.  was,  that  the  .\(  w  uta'.ket  d^  «i>^n  wo-.dd  enuo. 
Tb«*rit'ih  iif  April  I  canh»  to  London,  and  ■  to  nothuiir.  for  hv  uu:  !.'»t  approve  oi  tin- uia- 
ftlft  f  rcr.ioi;  ••%<•. ii  ro  3lr.  West's  chauiher  in  .  nasfuiN  a(  tiiM^»;,  aui'  i.iid  there  \vu"»  noiluMi.'-  like 
At  Tt-rii  !•!•:,  vtL-:r«.  I  fou:w^  him,  who  then"  the  other  di'sit:ii.  t  >:•  i'k'.i  \»«iani  I'tit  "u  ind  to 
#i»<  k:i«j.»  'If,  but  when  I  tidd  him  my'  all  in  a  little  tm:«'.  in.n  1 1.»  tl  hiiu,  ih.it  nern- in 
flMr,  Irv  ij  %.  lenci*  1  cam.',  anti  mentioned  '  our  parts  would  In;  lor  it  ;  »\ii;''.i  t  iliiok  uaj 
Attvtf  ie-iterii  "^Ir.  U  ade  received  from  him,  .  all  the  discoui-se  we  then  luid  ;  <'il\  he  pro- 
bbqr*B  to  l/e  Norntwhat  free  in  discmirse  with  mised,  that  if  any  thioi;  v.ie*  :i';ieed  lielore  .^Ir. 
1  thTi  tu!d  him  that  Mr.  Wade  and  his  Wade  came  up  I  slufld  lieu:  t>l  it.  so  1  itiuk 
wtrc  ^ulplis^•d  at  the  letters,  not  know-  I  Uave  and  went  f.»r  lin^.  1  il;v  !:cxi  mor:mii;. 
Ifwbat  b**  lie  ant  by  them,  and  did  desire  to  ,  .Abouttendaysatu  r.  luani:^  ui.ihin*;  l»om  tlii-m 
■HVyCoocerfiiiis^  which  be  seemetl  a  little  shy,  '  (Terpisou  liavi!::*- tuM  luc  tiiai  he  thooi;:hi  u!* 
little  d»>course,  tie^an  to  tell  me,  say-  I  would  1h?  ai'r*-»  »l  ;u  tour  oi  tive  days,  and  pio- 
iiaft  a  deuji^n  to  takeotl'tbekino^  aud  |  niibvd  to  uUvivc)  I  v.ivta  u  Mr  West,  dei>>i.;.i; 


iS. 


SS]  STATE  TRIALS,  36 Charles  II.  \6%^—Prceuiingi€gnttd  /.  HpUaway, 
to  know  how  they  went  on,  who  wrote  mc,  i  supplied  with,  wouhl  be  ready  in  three  or 


that  they  still  met  with  delays,  and  were  come 
to  no  coaclusioD;  aik-r  that,  I  heanl  no  more 
until  May  Al>otii  ihe  be^iiming  of  May  I 
caioe  up  to  London  a^in,  in  oompaiiy  with  Mr 
Waiie  and  some  otbt  r  Bri&tot  men  but  when 
we  caiDL'  upt  my  biisiarts  being'  m  the  city,  and 
iheirK  about  tlie  Teji>]»ie,  we  parted;  after  two 
or  three  days,  I  met  with  Mr.  Wade,  and  asked 
how  he  found  Ihinjp^  who  lold  me^  he^  douhted 


days,  being  tenihons^od  pounds,  wh'tch  w 
be.  returned  to  Holland  to  boy  anm,  &€ 
Scotland.  He  &fW  told  us  that  the  8c 
gcuLlemen  iiad  made  atioiher  proposal  tc 
manag^erg,  tlius,  if  they  would  Ktipply  tbop 
thirty  thousand  poTindSj  ibey  would  he^ 
Scotbnd  tirsl^  which  they  could  sewn  baTC 
then  would  inTade  England,  desiring  the 
nagert  only  to  get  a  party  in  the  Norl 


all  would  }»rove  albatn,  for  he  thou^it  there  |  Koi^bod,  rea*Jyto*)ijpose  any  force  from  coi 


was  iif>tliin^  intended,  findiag^  ooihiug^  mate- 
rially dune  in  order  to  m  bat  ba«l  been  to  ionfif 
discourbed.  Tlieu  we  wtiit  to  Mjs.  West^  and 
discouiMfd  htm  fully  about  ttie  contents  of  his 
Jotterti,  who  itild  us,*tliey  were  resolveil  to  kill 
the  k'm^  and  duke  as  they  came  from  New- 
market^ in  onler  to  which,  he  had  prt^vided  |  found  nothing  but  delays,  the  manager! 
arms  for  fifty  men  pistob,  carbiDc^i  and  Wun-  ,  agreeing  how  to  raise  'the  money »  and 
dcHniise-f>  ami  that  they  ^vere  promised  the  |  if  the    money  had  lieen   ready,  they 

house  of  one  Uundmld  a  maJtsler,  which  lay 
:.,  *i I    I   *!..  I  ■ ^  _- I  __  i.r. 


out  of  Em^tuTd  agaiust  then),  before  they 
settled  SootJand  but  this  was  not  apprmrc 
the  managers  chiding  rather  to  supply  1 
with  iOjyOOi  Old  to  begin  it  in  Eni^lam 
same  time.  Then  we  dallT  expect^  to 
when  the    money   would  be  jiaid,    l>ut 


in  the  road,  and  the  king  must  come  by  his 
fiuor,  there  the  men  shotdd  have  been  lodged. 
'I'hen  we  asked  who  was  to  hate  acted  it,  to 
which  he  could  givi;  hut  a  lender  answer  and 
rotddor  would  name  hut  two  men,  who  were 
KaiiibQld  and  bi-s  l>rother,  saying,  if  they  could 
hare  raiserl  uiK  or  eight  hunihed  pounds  to  hare 
houglil  iiorses,  and  souk  thing  to  encourage 
mejt,  they  shoiikl  hiive  had  men  enough ;  an 
that  we  ibund  ihcy  had  few  men,  if  more  than 
two,  tmd  no  homes,  only  a  pari^el  of  anus; 
which  afterwiiriti^  hu  shewrJ  us  al  a  gun- 
smith's hiuihc,  i.'  ii  liitlc  la.u*  ucar'IVmplc-har. 
Thrn  we  askwl  him  what  iliey  tlesigncd  if  it 
hiid  lakm  iffect,  to  which  he  answereil,  that 
the  men  t^honld  have  come  up  vvih  all  sjif-ed  iq 
LcMuhii  auddiapprfii>d  lUnn'**'!  es  uitneiHalely 
fU-cIariii--  for  tiie  duke  of  IMi  uuiouth  and  ilii 
th.e  king  uiitl  duke  l)cing  ilead,  no  opposition 
•  ouhl  iHMuailo;  then  we  asked  who  wi-n«  for 
Ibis  deiugn,  he  named  col.  Unnisey  and 
Ilidiard  Uixtdcnoiigb,  and,  as  far  n»  I  ean  re 


come  to  no  conclusion,  as  lo  any  metltod  r 
than  thev  were  nine  inontb«  before^  hi 
done  nothmg  hut  talked  to  ensnare  people 
IM>ning  about  in  all  parts,  how  the  liberti 
the  {J0op}e  were  daily  more  and  moiemti 
ed,  and  that  arbitrary  government  md  po 
was  coming  in  a|Mice,  which  incensed  pi 
very  much,  and  made  such  a  grumbling  i 
parts  th^x  v^  f  I'tunA  longer  delays  would  I. 
the  common  people  in  many  parts  mutin 
lieiiig  as  we  thouirht  bo  generally  kiiown 
\yi  «oiiiethlngwfts  suddenly  done,  it  wai 
Iior.sil»lr  it  should  re  mam  imdbcotered,«) 
I  next  time  we  met  with  Ilums-*y  and  F^ 
(thijit^^h  never  together)  we  declared  om 
fiaiifdaction  by  reason  of  such  long  delays, 
spoke  it  so  that  it  might  come  to  the  nianf 
^ai-s^  as  we  suppose  it  did.  being  to  this  e: 
TLiat  we  thou^jfbtMiey  had  only  adesij^^n  u 
Xrr.y  people,  draining  many  t thousands  ii 
snsire,  for  their  actions  skewed  iltle  others 
being  so  long  discoursing  a  thing  of  that  n\ 
and  done  so  little  towaixls  it:  few  days 


joember.  no  uiore ;  .so  we  iimnd  it  was  CLuried  !  meeting  with  Ituuibey  *i'^^^  he  told  us 


00  by  ilieju  coutrnry  to  hu  ktiowltHlge^  or  ap 
prolNition  of  those  u  ho  mrinagud  the  general 
di'.si,fii:  ihcn  vi e  Itdurpd  our  t,'reat  dislike  of 
it,  u.-lli»g  hint,  it  was  a  hiM-,  dishonourable  and 
iMwsu'dlly  aftion,  and  W(»ul«l  Hcein  odiouH  to  all 
the  woriil  that  any  prt?teudinglhemstjl  g*  I'ro- 
testanls,  shim  Id  be  ooncerned  in  such  a  blooily 
action,  and  that  we  thought  it  was  his  cowardice 
put  him  upon  it,  to  which  he  siiid,  that  he 
could  not  liglu^  hut  would  bs  m  forward  with 
his  nutncy  as  any  <»ne  of  hia  capacity  Then 
we  went  to  col.'  UniiiKevT  ^^ho  we  found  to 
he  wholly  onV^^t'K  njin-Htfi,  siiying,  that  ex- 
cept something  be  done  that  way,  I  know  no< 


wore  of  different  opiuioD*  concemmg  a 
ihod,  »nne  for  liesrinning  tlie  iusorrection 
in  Lfinihin  and  Scotland,  some  tor  it 
places  at  once  as  al  first  proposed  other 
several  places  in  Koglaod  and  Scotland, 
not  in  liOndon,  saying  that  if  it  was  not  ht 
in  Lon<lon,  but  in  other  places,  tlicre  wou 
forces  raised  in  Loudon  to  send  out  ajg- 
them,  which  would  take  out  most  oi 
sti-ength,  and  that  then  London  might  be  e 
secured  ;  somcumea  they  were  for  b«*ginni 
OL  ly  *u  London  andHcotlaod,  and  to  have  \m 
come  up  tti  London  from  all  parts  of  Eng 
to  which  we  answered  lit  at  wu  tbouk^ht  no 
\teuer  than  ivhat  was  tii-sl  pro|Hised,  {t iai. 


thnig  u  ill  be  done  at  all,  for  he  knew  the  other 

managers  u(»nld  i!o  nothinor;  so  we  had  little  beginning  of  it  ui  many  places  at  oiicis  • 
discourse  at  that  time.  After  thi  wei^enito  j  fore  mentioned,  for  ultliotigh  we  bad  eng 
FfTgnson,  who  to.d  us  how  thi agf;  stood  ^  we  |  none  in  or  alMUit  IhisUd,  nor  should  not 
then  found  that  he  knew  of  both  designs,  but  !  deal 'Uir  it  till  alt   things  were  concluded, 

wos  only  for  tlie  ins iirrectkifi  uod  told  us,  that      "*'    *'  ' ■""'* 

tlie  inaH:igers  had  been  treating  with  some 
Scotch  gentlemen;  that  they  were  almost 
«jf reed,  uid  tliat  the  money  they  were  to  be 


%vith  tlu!  assistance  we  were 
I'annton,  did  not  doubt  but  to  get  men  i 
to  secure  it,  and  that  we  kne^v  not  where  t 
ten  nieu  that  would  come  tor  LoodoU}  and 


B)        STAIE  TRIAIA  9£  Ch ables  II.  l684.-/0r  High  Treason. 


[26 


(iftf  to  neote  tbdr  own  oountry  who 
mMmht  inUiig  to  ksve  all  and  come  for 
Whl  Bnwf  SieB  wd  if  he  knew  where 
Ik  beM  of  1,000  men  he  would  begin 


iflilliK 

li|Mlly,iid  Mred  that  we  might  meet 
'  'ihtwidiiome  others  and  consider 
m  the  next  afternoon  we  met  at 
tfefrtone  near  Tem^-Bar,  and 
litlaTemnear,  I  think  called  the 
Yflng  Devil  Tavern,  where  met  eigfat 
Wttn.)  oelooel  Rumaey,  Robert  West, 
Imm,  Mfit  Wakoty  Richard  Good- 
'  AmeiiGeodenon^, Nathaniel  Wade 
ri(  tUi  was  the  first  time  I  knew 
Whn  we  were  all  sat,  colonel  Rum- 
•iitbii  flfiect,as  near  as  I  can  re- 
the  wae  woids ;  Gentlemen,  if  we 
I  ifcni  thousand  men  iu  and  about 
BbAoeiia  uenon  of  honour  will  ap- 
IjbheU  <tf  them  and  begin  the  busi- 
~^'efc  we  supposed  to  be  the  duke  of 
I,  ivl  do  not  well  remember  whether 
I  Ui  name  or  not.  Which  pro- 
1  Mr.  Waile  and  I,  that  he 
I  the  raising  of  3,000  men ; 
lokes  it  was  first  mentioned  to  us  we 
tfktji  hsd  been  sure  of  many  thousands 
'  ^HSB  hour's  warning.  Then  it  was 
ilsw  8,000  men  might  be  raised,  and 
""^  do  something  to  the  purpose: 
wA  what  methofl  we  had  con- 
li|i»fir  the  management  of  aflhirs  iu 
~^'  I  as  foUoweth,  and  they  could 
s  mnr  way,  so  it  was  concluded 
IMd  the  suburbs  should  be  divided 
,-^-^^JjtB,  and  one  man  ma^le  choice  of 
jijldsmsn,  who  should  chuse  out  ten  in 
pMia  that  he  could  trust,  and  each  of 
■HiillM  out  fifteen,  whicli  woukl  moke 
division,  so  that  twenty  diviKiuns 
e  3,220,  in  order  to  which  a  map 
I  to  be  bought  tlie  noxt  day,  and 
I  drswn  out  u  a  particular  [>aper, 
^  every  street  and  lane  iif  note  in  it, 
larth.  East,  Souili  and  \\'<  st  bounds 
kH^and  to  be  brought  the  next  niCfUin<jf 
^Mhne  nights  afier ;  ai  tlic  (irsi  m»v-tin<^ 
iii^cei  uiat  noue  should  know  of  iUin 
jp^tii.  <oi'tbe  chief  managerK)  till  all  the 
MPi  secured,  and  that  these  nevcn,  1  be- 
^^to  stay  long  in  liondon,  sliouM  nieit 
'"^^  I  «r  mree  nights  till  all  was  coniidet- 
"  I  meeting  Runisey  and  Weat  would 
I  aaying,  there  was  iwithing  like  the 
'  Bcss,  meanintf  the  taking  offtlie 
e*  and  that  it  mi<;ht  tie  e<isily  done, 
A  to  or  from  the  lM;iy-lioiu«i',  but  f 
any  as^rae  with  liini  iu  it.  No\t 
ivas  bought,  and  liroui^lit  to  U>jiL\ 
the  Tt'uiple,  w  lioru  sfjuit^  met  to 
and  draw  mit  the  diviHious  against  the 
Hag.  The  nr;xt  place *.  wc  met  at,  I 
i  dw  C^tk-ta«  em  in  Fle<'t'Stri*et, 
inof  the  dtviftkoiis  wcru  brf>iight,  all 
^jIlM,  and  then  it  was  cousidereil 
~  1  ha  ^tributed,  being  we  were 


most  strangers,  and  agreed  that  Richard  Good<^ 
enough,  who  had  been  under-sheriff,  and  so 
had  a  general  acquaintance,  should  do  it,  who 
was  willing  to  undertake  it,  the  rest  of  the  divi- 
sions  to  be  ready  against  the  next  nieeting,which 
was  two  or  three  nights  after,  at  the  Green- 
dragon  tavern  upon  Snow-hill,  where  when  Mr, 
Gnodenongh  came  he  told  us,  That  he  had 
disposed  ok'  some  of  them,  and  did  hope  it 
would  take  effect,  and  that  in  a  wedc  or  ten 
days  lie  should  have  fixed  the  twenty  men ;  the 
conskleration  how  things  should  be  managed, 
was  deferred  till  thev  were  sure  of  the  men, 
only  some  mentioned  their  opinions  how  the 
Tower,  Whitehall,  and  other  places  might  be 
best  surprised.   The  Tower  was  thought  raijo^t 
be  best  gained  in  the  day  time,  Whitehall  and 
other  places  in  the  night,  with  many  such 
things  "in  way  of  discourse:  Rurasey  was  still 
upon  tlie  old  strain  of  killing  the  king  and  the 
duke,  saying,  at  tbis  the  last  meeting  I  wan 
at,  going  for  Bristol  next  morning,  that  it  might 
be  done  in  Windsor-park,  and  that  he  would 
undertake  it,  but  not  excejit  every  one  there 
present  would  go  with  him,  to  which  not  one 
consented  ;  I  replying  that  I  was  for  no  such 
tiling,  but  seeing  the  other  busmess  had  gone 
so  far,  and  was  knowu  to  so  many,  if  they 
could  bring  it  to  bear  iu  London  and  other 
places,  I  rashly  said,  rather  than  tail  of  Bris- 
tol we  will  undertake  it  at  noon  day  with  an 
hundred  men ;  to  which  Rumsey  said  I  was  a 
hold  fellow ;  they  then  pnimised,  when  they 
were  sure  of  the  men,  to  advise  and  take  care 
for  some  arms  for  us  at  Bristol,  and  that  we 
should  have  some  great  person  come  down  to 
head  us ;  but  1  heanl  no  more  till  the  news  of 
the  discovery  came  in  public  letters;    I  re- 
member one  time  when  Wade  ami  I  wus  with 
Ferguson,  lie  told  us  that  the  duke  of  jMon- 
mouth  was  brought  to  a  low  comiition,  all  his 
iilaces  beini^  taken  from  him,  nnd  liis  tenants 
HI  Hcotlaiid  (lieing  so  sc-\erc-Iy  doult  with  upon 
account  of  their  n.'liQ;iou)  wiis  not  ahle  to  pay 
rent,  so  that  his  esuue  tiiei'e,  which  was  ac- 
counted worth  10  or  12,000/.  per  ami.  did  not 
yield  him  the  hist  year  2,m»/.  that  he  was  uot 
well  pleased  with  tlie  maua'^ciiient  of  affairs,  and 
desired  Mr.  Wade  toap|H)int  a  place  where  he 
would  nUH*t  the  lord  lit  rr^inl,  and  sir  Thoiiuis 
Armstrong,  to  diMX)urse  them,  to  which  Mr. 
Wade  replied,  he  would  mcut  none  of  tliem, 
for  such  great  men  had  betrayed  the  imtion  al- 
rpady,  and  ensnared  too  many  thousands  to  no 
pnrp«u»e. 

How  it  was  to  have  been  acted  in  BiistoL 

We  concluded  that  the  only  way  to  securo 
Bristol  would  be  by  a  surprize,  'whieli  with 
lUiniit  3.iO  men  (150* of  whieli  wc  depended  on 
i'viMw  I'aunton,  the  other  200  to  be  raised  in 
and  a}w>ut  ihe  city)  might  easily  be  done  al>out 
four  o*eluck  in  tlie  morning,  as  soon  as  the 
watfdi  were  gone  off,  without  the  bloodshed  of 
oiio  man,  thus,  dividing  the  city  into  14  parts, 
so  making  13  posts  brides  the  main  guard, 
which  slu)uld  at  first  have  been  at  the  Tbul/y , 


f7]  STATE  TRIALS^  36  Charles  II.  l6Sl^^Proceeding9  against  J.  Hoihi 
(which  Is  in  Bristol  as  the  Exchtnge  here)  we   mercy,  it  having^  been  our  resolution  n 


supposed  20  men  mi^ht  be  sufficient  for  each 
post,  and  the  remainder  for  the  main  guard, 
out  of  ^vhich  might  be  spared  lour  or  six  files 
to  be  constantly  marching  about,  and  to  assist 
where  there  might  be  occasion.  The  method 
we  designed  for  the  raising  of  200  men  in  and 
about  the  city  was  thus,  first  to  find  out  30  men, 
two  fur  each  post,  and  four  for  the  main  guard, 
who  might  be  able  each  of  them  to  procure  six, 
and  to  command  them,  which  would  have 
made  14  for  each  post,  and  28  for  the  main 
guard,  to  whom  the  Taunton  men  should  be 
added,  riz.  six  to  each  post  and  the  remainder 
to  the  main  guard,  who  should  have  come  in 
the  day  before,  some  at  every  entrance  of  the 
city,  and  lodge  themselves  at  inns  and  ale- 
houses as  near  the  posts  they  were  appointed 
for  as  they  could :  each  man  beinff  to  know 
hb  post  and  commanders  bctbrc  they  came, 
the  Bristol  men  to  lodge  themselves  and  arms, 
with  arms  for  the  Taunton  men,  in  an  house  as 
near  as  possible  to  their  posts,  and  to  send  one 
out  irom  each  post  between  three  and  fi)ur 
oVIock  in  the  morning  to  observe  the  motion 
of  the  watch,  and  to  advise  as  soon  as  they 
were  gone  off,  that  they  might  all  immediately 
repair  to  their  respective  posts,  calling  the 
Taunton  men,  and  as  soon  as  they  had  tj^ained 
their  ])osts,  to  send  out  a  file  of  musketeers  to 
fetch  in  such  and  such  men  in  each  of  their 
divisions  as  they  should  have  had  an  account 
of  beibre,  and  convey  them  to  the  main  guard, 
which  in  the  14  divisions  would  have  been 
about  sixty  persons,  rommission-ofiiccrs  and 
others ;  then  to  fetch  in  all  the  arms  and  am- 
munition tliey  could  find,  which  two  thingx 
bein{>-  done  (us  we  supfiosed  might  be  in  a  little 
time,  and  without  any  opposition,  the  posts 
being  so  near  each  other,  that  it  would  nave 
been  impossible  fi>r  .iny  numlxT  to  get  to- 
gether) we  resolved  next  to  declare  the  reasons 
for  our  taking  up  arms,  and  to  encourage  all 
to  come  in  to  us  that  we  could  trust,  not 
doubting  but  we  should  soon  luive  had  many 
thousands  in  the  city,  and  out  of  the  adjacent 
4M>unties,  Gloucester,  Somerset  and  Wilts. 

The  Reasons  why  I  did  not  come  in,  &c. 

When  the  news  of  the  discovery  first  came 
to  Bristol,  and  some  tune  before,  I  was  in  some 
trouble  by  my  creditors,  and  forced  to  abscond, 
thongh  tnought  I  had  sufficient  to  pay  them, 
only  desired  time  to  get  in  my  effects,  their 
mercy  I  feared  more  than  your  majesty's,  and 
thought  if  I  should  come  in  and  find  mercy 
witli  your  majesty,  I  could  at  first  expect  no 
better  than  a  prison,  and  if  from  it  discharged 
by  your  majesty,  to  be  kept  in  by  them  upon 
account  of  my  debts.  Secondly,  hearing  there 
was  very  many,  in  and  about  Bristol,  sup- 
posed to'he  concerned,  and  I,  though  knowing 
so  much,  being  able  to  prove  so  little  against 
any  man,  but  such  against  whom  there  was 
sufficient  proof  without  me,  feared  that  if  1 
should  come  in  more  wouM  be  expected  from 
me  than  I  coukl  prove,  and  wo  might  fiil  of 


cover  the  design  to  any  of  our  friend 
managers  had  agreed  both  upon  time 
thod,  therefore  considered  how  to  n 
escape,  there  being  then  a  strict  seat 
ports  thought  best  to  continue  in  £n] 
some  time,  till  the  heat  might  be  ove 
got  an  ordinary  habit  and  a  little  hoi 
Ws.  price,  and  travelleil  the  country  i 
dealing  in  wool,  in  Gloucestershire, 
shire,  and  Somersetshire,  till  about  tL 
of  August,  then  repaired  towards  Bri 
b^  letter,  with  my  wife's  assistance 
friends  thereabout  fearing  to  act  for 
vailed  with  a  poor  man  who  had  a  sr 
about  ten  tons,  for  20/.  reward,  and 
per  month,  for  six  months,  to  go  wit 
France,  and  from  thence  to  the  Wej 
or  where  I  would,  my  name  being  tl 
proclamation  or  declaration,  if  it  had 
not  have  prevailed  with  the  man  to  go 
So  tlie  23rd  of  August  sailed  from  Kin 
for  Kocliell ;  the  25th  proving  bad 
cracked  our  mast,  and  so  put  mto  St. 
Cornwall,  where  we  staid  till  tlie  4tl 
tcmber,  then  put  out  again  for  Ho< 
meeting  with  contrary  winds  was  io 
several  places  in  France,  and  gainer 
port  till  the  17th.  In  Rocliell,  i  In 
with  brandy  and  other  goods,  and  t 
October  sailed  from  thence  for  the  Wi 
(being  willing  to  know  how  my  con 
there,  that  my  creditors  might  have  tl 
though  f  knew  I  might  ue  much 
in  France)  and  arrived  at  Barbadoes 
of  November,  there  1  heard  of  my  no 
in  the  Gazette,  therefore  staid  out  ' 
landing  part  of  my  cargo,  from  theni 
to  Antigua,  where  1  landed  and  dispo: 
remain inq[  part,  sta)  ing  there  about 
but  it  being  too  soon  for  the  croii, 
charge  being  the  same,  lying  still 
farther,  also  thinking  it  not  safe  t« 
there,  resolved  to  see  the  rest  of  the 
Islands,  and  so  went  down  to  Mounser 
St  Christopher's,  St.  Kustatiaand  Aug 
so  back  again  to  St.  Christopher's,  i 
that  to  lie  the  safest  place,  I  being  J 
none  there,  where  I  staid  about  tlirt 
About  the  14th  of  January  I  wrot 
factor  in  Nevis  about  what  was  due  to 
on  receipt  of  my  letter  discovered  m 
sir  William  Sta'plcton  ])resently  sent 
rant  to  St.  Christopher's  to  apprelient 
liefore  it  came  1  was  gone  down  to  St. 
expecting  to  meet  my  vessc^l  there, 
had  sent  up  to  Barbadoes,  and  it  beii 
where  1  was  gone,  the  deputy  gover 
Christopher's  sent  five  men  with  hi 
af\cr  me,  to  %vhom  on  sight  thereof  1  f 
though  had  an  opportunity  and  mi 
escaped,  but  was  rather  willing  to  c: 
at  his  majesty's  feet  for  mercy,  than 
a  life  any  longer,  not  daring  to  apuc 
there  was  need  of  me  (among  my  tac 
I  doubt  will  take  too  much  advantai 
trouUea  for  my  creditors'  interest.    J 


STATE  TRIiOS.  36  Charlbs  IL  i6S4.^Trial  rflVm.  Sachevenll.       [aO 


t  a  prisooer  13  days,  where  I  promised 
un  Hcapleloo  tliat  I  would  make  what 
cqr  I  could,  givint^  him  tlie  names  of 
alio  I  had  acquainted  witli  it  in  Bristol, 
I  fttppuse  he  natli  ^ven  au  account  of, 
If  him  that  it  might  be  kept  private,  for 
Mimown  they  would  hare  aifvice  of  it ; 
Pti  ikH  kept  so  private  as  I  expected,  for 
|ht  1  came  off  I  was  told  of  it,  therefore 
m  they  wens  advised  by  a  Bristol  ship 
me  aw  ay  before  us,  by  which  I  wrote 
pofd,  1  suppiTse  she  might  be  at  home 
An?  us,  we  being  nine  weeks  and  five 
JUl  that  I  can  say  against  any  of  them, 
.miiiani  Wade  who  is  betbre-mentiuned, 
I  aoquainted  them  with  the  business,  as 
BiiB  many  thousands  in  Kngland  were, 
I.  fopputte  they  wooM  have  been  con- 
.  Hereumler  is  an  account  of  many 
fenooA  that  I  have  hcaj-d  was  concerned 
toign  lor  an  insurrection,  which  is  all 
.  am  call  to  mind  of  any  thing  material 
IV I  heard  concerning  the  Phit. 

m  he  mentioned   the  names  of  se^'cml 


w  if  your  n>:ijesty  is  graciously  plrascil 
It  me,  ii  wWl  be  a  sutiiiient  warning  to 
Vcvtr  nit'hiiiijg  in  tliiugsof  that  nature 
>$  wad  I  hfi(ie  I  shall  ha\  e  the  opportunity 


of  serving  your  nuyesty  and  my  country  in  the 
promotion  of  that  which  brought  me  into  this, 
and  cost  me  many  hundred  {lounds,  with  soma 
years*  pains  to  bring  it  to  that  perfection  I  did, 
viz.  the  hnnen  manufacture,  whiph  many  ho- 
nourable persons  about  your  court  have  heard 
of,  and  I  can  make  it  appear  that  it  nili  employ 
near  80,000  poor  peonle  and  40,000  acres  of 
land,  and  bring  in  and  save  your  majesty  near 
1200,000/  per  ann. 

Another  thing  which  I  think  I  may  sen* 
your  miyesty  in  Tabroail)  is  this,  when  I  left 
£ngland  I  knew  tliere  was  many  who  were  in 
trouble  about  their  opinions  would  willingly 
hare  left  England  if  tliey  knew  where  to  go, 
that  they  might  have  liberty.  There  is  a  very 
fine  island  in  the  West-Indies,  good  land  ami 
well  watered,  which,  by  such  people,  would  ha 
soon  settled  and  prove  a  great  advantage  to 
your  majesty  and  successors,  fur  it  would  soon 
exceed  any  island,  except  Barbadoos  and  Ja- 
maica, it  lies  so  nc!ir  a  bad  neighbour,  the 
Spaniard  Porti-ico,  that  except  a  considerabla 
number  go  together,  it  will  be  dangerous  living 
there ;  but  if  no  great  alteration  in  affairs  sinoa 
I  left  England  ;  with  your  majesty's  luwe, 
enough  might  b<>  prcvnifcd  with  to  gu  and  set- 
tle it  at  once,  ^^  liich  will  not  only  serve  your 
majesty  as  JK'foro,  but  clear  the  nation  of  somo 
hundreds  of  disafllrtcd  people. 


t  The  Trial  of  William  Sachevehell,  and  Nineteen  others, 
.  al  llie  Kings-Bench,  for  a  Riot  coinmilted  at  Nottingham  : 

.•    SffCHAKLisII.    A.V.     U)84.* 


BlMendant^i  having  hv.Wno.  pUadcd  Not 

lta;iicre  broui^lit  to  their  Trial  un  tlio  'Jnd 

%.  lt«4. 

VfC^icit.    i 'all  the  defendants,  IVilliam 

■nselL,  e«q.  and  others. 

WL  FtUerft  n.    We  ap[K!ar . 

ItfCrtiu  n.    '  fiardez  vjwtres  challcniros.' 

Itar  Humphry  Miller. 

IPS—- 1 . 

f  All  was  ncie  of  the  numrmns  l:iigi(»(is 

^  .  which  arrise  mit  of  the  attacks 

Ijbf  rbaflers  of  Corporations  throiiiriiont 


Which  was  done,  ami  the  twelve  being  sworn 
to  try  the  cause,  lieing  (reiitl(>incn  of  the  county 
uf  Rent,  were  tln-si»  tollowing:  Sir  Humphry 
Miller,  sir  Henry  Hosvile,  \V  illiani  Lambert, 
Charles  Wheeler,  Uichard  Marsh,  Kdw.  King, 
Humphrey  Stiles,  Walter  Hooper,  James  Mas • 
tors,  liicliard  nritton,  Kalpli  Petty,  mid  Ed- 
ward Ualhin-st. 


and  tunif.Ml  to  an  avoueil  practice  of  garbling 

Corpnraliofis,  in  order  tc»  c*arry  elections  to  the 

parliament,  aiul  a  Conni)iltu<;  of  Council  was 

,  to  which  attaiivs  the  cniwii  was    appointed  tt»  manage  the  Jtt^ulations  as  tliev 

werc  calleil ;  ai"d  there  was  an  itinerant  creiv 
of  the  worst  of  men  that  \trought  in  the  towns 
to  he  rc^ulaied  under  the  direction  of  the  com- 
mittee. These  were  termed  Kiyulators,  and 
accordin^r  to  their  eharaclers  and  dt»iKnaiion-4, 
mayors,  aldermen,  recorders,  connuoii  e<iuiiei!» 
antf  freonien,  were  mmliiied  and  esluIiliNlu.d."' 


by  the  nuctcss  oi'  the  (luo  War 

the  City  of  London.     (Sec  the 

in  that 'Case,    \i»l.  U,  p.  U^Ji)). 

I  oli)v<t  which  originally  excited 

:,  «rutbe  |M>wer  of  nominal  ins;  Jurors, 

iMof  the  right  to  appoint  sheritls.    (See 

moid  Shaftesbury's  Case,  vol.  8,  p.  785). 

^"ihave  bi^en  vtiry  aoon  percei\(f<l  that 

ilioii  of  the  whole  magistracy  of  the 

I  ami  f4'  a  majority  of  the  1  louse  of 

■i  might   be  secured   by  the  same 

Xorth  (I^A-  of  Lord  Keeper  Guil- 


See,  also,  sir  John  Ueresby's  IMemoirs  tu 
which  Mr.  Hume  (Note  to  p.  '2tij,  \ol.  «i,  of 
his  History,  eililion  of  lMu7)  reCeis,  when  he 
admits  that  the  transfer  of  the  riuht  uf  electi'Uj 
from  the  people  to  nia^n>tr:ites  named  hy  tiu 
crown,  wjiS  in  reulitv  ii«'iiiii»:;"  ihiun-nt  fn»m 
^p.  1U4,  8vu  etiit.  of  \^U\i)  tells  the  king's  naniini;  the  inembrrs  ^  uiid  lie  iio- 
'oillrada  of  Chart«rs  ran  lu  excess,  '  rice;;  that  the  wauiv  wct  ol  ;iuiltur.tv  hud  bc«a 


SI]       STATE  TRIMS,  36  Craubs  H.  iSSi^THf/^  ITm.  SukeunU, 


CLofCr,  Gentlemen  of  the  Jmy,  hearicen 
to  the  Reconl : 

*  Sir  Robert  Sawyer,  knt.  his  majesty's  At- 
« tome^-Gencral,  ma  exhibited  an  InformatioD 
t  in  this  court  against  Wm.  Sacheverell,  esq. 
c  Georq^  Gregory,  esq.    Richard  Mansfeild, 


employed  in  all  tlie  boroughs  of  Scotland. 
Yet  has  the  Prince  of  Orange  been  blamed  for 
not  summoning  to  the  Convention  the  members 
of  king  James's  Farliament. 

In  the  Cases  of  the  duo  Warranto  againrt 
the  City  of  London,  already  referred  to,  and 
that  of  Pilldngton  and  others  (toI.  9,  p.  187), 
and  in  the  Notes  to  those  Cases,  are  mentioncNl 
many  particulars  of  the  distractions  which  pre- 
Tailed  m  the  metronoln.  (See,  too,  as  to  South- 
wark,  the  Case  or  Slingsby  Bethel,  vol.  8,  p. 
747). 

The  following  Extracts  from  Narcissus  Lnt* 
treira ''  Brief  Historical  Relation,"  MS.  in  the 
library  of  All-Souls'  collei^e,  Oxford,  throw 
farther  light  on  the  proceedings  i^nst  Cor- 
|)onitions  in  genctral,  and  tlie  distractions  of 
the  city  of  London  in  particular : 

"  Nov.  1683.  Some  days  since,  a  person 
unknown,  came  to  the  house  of  Mr.  John  Du- 
bois, who  stands  in  competition  to  be  one  of 
the  sheriffs  of  London,  and  left  there  a  packet 
for  him,  wherein  were  inclosed  sereral  treason- 
able and  seditious  libels;  a  while  after,  tlie 
same  fellow  came  again  and  brought  another 
packet,  and  then  he  was  served  and  carried 
before  the  lord  mayor,  who,  on  proof,  com- 
mitted him  to  the  Counter ;  about  two  or  tlirce 
days  atlcr,  he  was  admitted  to  bail,  himself  in 
'20bL  and  his  bail  in  100/.  each  ;  two  or  three 
days  after,  the  sessions  coming  on,  a  bill  >vas 
found  against  him,  and  he  and  his  bail  being 
called  for,  neither  of  them  are  since  to  be  heara 
6f :  this  is  looked  upon  by  some  as  a  hanpy  de- 
liverance to  Mr.  Dubois,  for  undoubtedly  had 
the  pa))ers  lieen  lodged  there,  Mr.  Dubois 
should  quickly  have  been  searched  for  the 
same,  and  it  would  have  been  construed  to  be 
a  new  desiirii  a«^nst  the  government,  for  the 
|»apcrs  contained  matters  of  dangerous  im- 
portance, some  were  libels  against  the  king 
anil  others,  and  thiro  was,  wa  is  said,  a  paficr 
of  advice  to  Mr.  Dubois,  as  sheriff,  to  ruiic  ihc 
potte  comiiatut  to  meet  an  uruiy  t>j  liat  c  conic 
out  of,  tScc.  to  op|KMe  a  aibitrafy  jKiwcr.  The 
Dissentert  bate  been  prosecuted  lately  iiioi-e 
violently  than  ever;  for  now  the  cinii-clr- 
wardens  of  most  parishes  ha^  c  prcscutint  them 
to  the  ecclesiastical  courts,  whu  have  pro(H;<  Jed 
against  them  even  to  excomnmnic.il  ion,  w  Ihio- 
by  several  hundreds  in  London  linvr  i>pt:!i  slmiI 
to  the  De\il;  but  this  is  made  use  uf  only  n^s 
an  engine  to  serve  a  turn,  which  is,  iSt.  Th'inius^ 
day  approaehing,  \«  hereon  the  conimou  cunncil 
men  tor  the  city  of  London  are  choscu  ;  this, 
as  is  said,  is  to  incapacitate  Dissenters  to  i  ote 
for  any  one,  whereby  if  the  Tory -party  can 
procure  such  a  oonimon  council  as  is  tit  for 


'  esq.  Henry  Plomptree,  esq.  Cbarlei  Hm 
'  son,  esq.  John  Greaves,  gent  Wm.  Gf« 
'  cent.  Samud  Richards,  Rob.  Green,  Fi 
<Sahnon,  Arthur  Rkhards,  Ralph  Be 

<  John  Sherwm,  William  Wilson,  dark 

<  muel  Smith,  Thomas  Tkigg,  Rkhwd  8 

their  turn,  havins  the  mayor  and  mmM 
of  the  court  of  al&rmen  for  them  abetdy, 
intend  to  surrender  the  Chatter  of  the  e 
London. 

**  Sir  Geom  Waterman,  aldermaii  c 
Bridge-ward,  being  some  time  sinee  dem 
lord  mavor  gave  out  summons  Ibr  the  c 
of  an  aMerman  in  his  stead.  The  compi 
on  one  side  were  de|mty  Danidl  and  snr 
Russel,  OB  the  other  Mr.  Fapitkm  and 
Shute ;  but  the  majority  bemg  mathr  fi 
twn  last,  the  lord  mayor  was  pleaaed^  ii 
midst  thereof,  to  adjourn  the  polL 

"  Mr.  Pilkington,  aklerman  of  the  wa 
Farringdon,  having  laid  down  his  g^own 
lord  mayor  was  pleased  to  issue  out  his  pi 
for  a  new  election  of  an  alderman  of  that  i 
the  com]fetitors  were  the  lord  mayor  an 
W^^illiani  Turner,  on  part  of  tlic  aldenm 
one  side,  and  sir  John  Lawrence  and  •■ 
bert  Clayton,  on  the  part  of  the  aldenm 
the  other  side.  In  behalf  of  tlie  comm 
on  one  side,  were  Mr.  North  and  Mr.  ] 
tlie  two  sheriffs ;  on  the  other  side,  wen 
Dubois  and  Mr.  Hawkins,  a  sciiveBer; 
choice  bctngf  doubtful,  they  came  to  a  poll 
there  was  ki\  or  eight  commissioners  appoi 
to  inspect  the  same,  w  ho  would  admit  no 
to  poll  tliat  was  excommunicated,  or  that  i 
not  take  the  oaths  of  allegiance  and  snprei 
which  were  tendered  to  them ;  a  thing  i 
wondered  at  by  some,  as  new  and  withoo 
precedent  in  such  cashes ;  how  the  choice 
fall  is  yet  uncertain,  though  most  thiid 
Tory  partv  will  carry  it,  haxiiig  by  thv 
device  cvcluded  all  the  Uuakers^  who  wi 
swear  at  all,  and  several  of  the  most  mod 
persons  will  not  poll  at  all,  as  not  iikuig 
impositions. 

''  The  election  for  the  alderman  of  the 
of  Farringdon  ^Vithout  being  over,  and 
North,  one  of  the  sluTiffs  of  London,  bein 
turned  to  the  court  ot'uldenucn,  as  duly  ch 
and  sworn  aei'ttnlinglv,  these  ihiiiffs  ar 
inarkablc  in  ihc  in:ui:i<;fmiont  of  tnc  a 
the  fKiths  or;<llr:rianL-r  and  supremacy  im] 
on  every  \otcr;  x\\\\  (<nmm*ssioneiv  tlurt 
derud  tlicnn  ntitorionNly  kinnvn  to  be  vi 
persons  for  tho  Tory  party :  then  the  m 
days  adjouniniciit  aii<l  delaying  of  tlie 
antl  kcepiro'  the  iioll-lKioks  oi»on,  wherd 
fir>t  tlicTui'ie.i  UimVui;;  the  Whigs  had  i 
tiie  niuiorit}',  tin  y  delayed  the  iniH  to  sec 
uukuuwn  |M'i*sonK  to  balance  tlic  |miII,  wh 
there  wut*?  sttcFal  of  the  iiihahila.its  of  W 
iryeni,  jiliMruits  of  (/liil'orJVs-inu,  who  i 
used  to  \  jte,  and  divers  who  li\  e  not  ii 
wanl,  nor  pay  to  rhun!h  aii'J  |Hior :  the  1 
party  finding' tilings  thn-;  nnnngrd,  .sevei 
theui  vmwX  and  |M;liii«ii>id  the  lord  mayo 


n  oHMMff.  JoMb  TurpiDt 

I,  Ifjioipliivy  BArkrr,  aod 

that  wUereastlkr  *29ili  dn)' 

tbe  d4Ui  y«ftr  of  the  kini<, 

Jiflmatily  m  N<4t]iigHmiii«  in  th^ 

I  mid  lo^m^  duly  fumnioiied  and 

■Mt  Mbre  G«rr«8  Wild,   then 

€  Hkm  Ml  l»wii,  fm  liie  elt^ctin^r  and 

uC  m  owTor  of  Ibat  Unrii,  foi-  tlie 

tifOtm  office  of  mayor  of  that  tmra 

«r  Ibiii  wsxi  folU»wiiif ,  according 

Bi  ittd  tCBor  of  tfertaw  ieitcfB  patent 


^poUi 


STATE  T&ULS^  36  Ckahles  II.  \6U,^end  oiher$Jor  a  Rht.         [S* 


*■  in  that  behalf  before  i^Tantad^  by  uur  s/jvere]|^ti' 
^  lord  the  kin§f  that  now  is,  ttato  ihe  mayor,- 

*  aHernjen^  atid  burjfesses  of  the  t«wii  of  Not- 

*  tiugliAjn,  in  the  county  of  th^  said  town  \  aad 

*  that  in  that  Assembly'the  said  0«rfat»»  bein^ 
*•  tlieo,  ai  aforesaldf  mayor  of  the  said  town, 

*  began  to  proceed  to  such  eiectiun  ;  uod  that- 

*  then  and  there  the  said  mayor  innde,  and 

*  caused  to  be  made,  a  pufoUc  pniclamaTion  for 

*  the  departure  of  all  persons  from  that  election' 

*  that  were  imconcerned  thereio,  and  for  keep- 
'  iug  tbe  hang's  fieace ;  and  that  nevertheless, 

**  May«  1685.  About  this  ttme^  persons 
were  Tery  busy  in  elections  of  uitfuibersi  of  the. 
House  of  CommoDS  to  serve  in  the  eusuiog. 
l>arUament;  ^reat  tricbi  and  prarticea  were 
used  to  bmuc  in  men  wcU-affected  to  the  king, 
and  to  keep  out  all  those  they  call  Whiu"^  or. 
Trimmers.  At  some  places  as  Bfdfuni,  &e* 
they  eboae  at  night,  giving  uo  noii«?e  of  it;  in. 
other  horouffhs,  as  Sl  Alban's,  tbev  have  now. 
regulated  fit?  elet-tors  by  new  cltarters,  ia' 
puitinir  the  election  into  a  selected  number,, 
wht-n  It  was  before  by  prescri;<tion  in  the  iu-. 
habitants  at  large.  In  counties,  they  ad" 
jourtied  die  poll  fmm  one  place  to  another  to 
weary  the  fieeholderSf  retusiiig  also  to  take 
the  votes  of  excommunicated  persons,  and- 
oilier  disaenters ;  noblemeo  busying  theniselrea 
H'ith  elections,  getting  the  writs  and  precepts 
into  ttietr  hands,  and  managing  them  as  they* 
pleased;  King  commanding  some  to  stand}  and 
ibrbidding  oiliers,  polLItig  many  of  his  servants 
at  Westminster  to  carry  an  cmtion ;  foul  re- 
turns made  in  many  places,  and  where  gen- 
tlemen stooil  that  they  called  Whigs,  they. 
offered  tbem  all  the  trick  and  affronts  ima  •  > 
ginable. 

**  June,  1687.  The  Lord  Chancellor  dined 
lately  in  tlie  cit}',  and  waa  pleased  to  discharge 
three  aldermen  on  their  own  desire,  sir  Thomas 
Griffith,  Kir  Bt^^njamin  Newlaud,  and  Mr.  Peter 
Pallavicin,  and  he  told  them  his  majesty  liad 
given  the  city  the  privilege  to  choose  their 
sheriffs  as  formerly,  and  that  the  lord  mayor 
might  drink  to  one  as  £$hmif,  free  or  untrce 
of  the  city,  ai^  that  he  should  either  dneoc. 
hold. 

**  June  17-  The  lofd  mayor  and  aldermen. 
hare  lieen  at  Wintkor  to  thank,  his  msjetity  for 
his  grace  and  favour  to  tbem,  in  permitting 
them  to  choose  their  sherifls. 

*♦  July  12*  The  city  of  London  hare're- 
ccived  lately  above  8,5Q0^.  for  fines  for  sheriffs 
and  aldermen." 

Bprat  (In  bis  Second  Letter  of  Excose  to  the 
Earl  of  Dorset  edit  1711,  Bra  pp.  16,  17,  at 
cited  in  the  Bi(^rapbii,  article  Sprat)  seys^  as 
1  uti'lei-stand  him,  for  his  languag*'  ^  not  so 
iiu equivocal  as  might  be,  **  that  under  king 
James  a  Quo  Warranto  **as  actuallv  issued 
Mtt  a^ain**t  the  Ro^nl  Church  and  Slchoot  of 
tVeiitnunster/*  St-e  <ionie  arcountvf  ><ptiit  in 
the  introduction  to  the  Trutls  for  tbe  Hye- 
R<»tts#  Plot,  ToL  9^  p.  30S,  of  this  Collection, 


ibr  m  scmtiiiy  of  the  poU ; 
M  limned  llmpli  h«tdhr  sver  koowti 
b^  ibese  ^racskes  >ir.  North  had  the 

balK  be«D  pleased  (o  make  an 
a;{mtDit  mcTchautji'  spiriting 
ttSTky  yoting  children,  and  dt- 
i«w  to  proceed  fur  the  future  in 
tf  tbcy  send  beyond  sea. 
for  an  sddflrman  of  Bridge* 
i^  room  of  sir  Oeorge  Waterman, 
isai  last,  afW  several  adjourn meiiLs, 
'luu  r  It  was  by  most  persons 
ee  irould  ikll  on  Papdlon  or 
exflommunioations  and  call- 
who  Itad  nw  rig^ht,  the  choice 
d^tjf  ^  Daniel  1 1  by  seven  per- 
j^  otliera  say«  notwithstanding 
pro«^€3diag»,  the  two  first  had 
2U  if  howefer,  DanieJl  is  aider - 
dr  tbat  Wiu-d. 

Tbofiuts  Huot^  a  gmtleman 

titr  writ  a  jpamplilet  intitled, 

t  Charter  of  the  City  of  Lon 

;  Ibit  neitlter  tlie  charter  of 

or  of  any  other  corpora - 

*  by  law,  wiierein  are  sercral 

bis  been  censured  as  a  libel, 

bath  preferred  an  tnfor- 

Itbe  persons  mat  surrendered  the 

town  of  Nottingham,  but  Mr< 

1  would  not  at  l&rst  allow  it 

SatS*  TliaCorporatiotiofthectty  of 
lAviogp  scsite  Lime  Hince  vurremlereil 
mr^  Ave,  as  n  said,  Utely  petitioned 
ay  io  Ittf  •  it  igatn. 

10^4.    The  NcKluigbam  Rioters 

of  ILiog's-bench  to  reeeive 

Wm*  ^chevertll  was  fined 

•.  GrtfOT)^  3(X)  i  Mr.  Hutchln- 

iLtf  ml  according  to  the  va- 

aiid  thai  alt  of  them  fmd 

behaviour  ft»r  a  twelve* 

Tba  mayor,  sldemien  and 

oflhedt;  of  l>urlMim,  bsvt- 

r  0)«rlrr  into  the  bands  oi  f  he 

who  has  menrcd  to  htm- 

ia  tbat  8ee,  the  power 

aflniiing  the  maTor.  re- 

oonunoa  osmuai  m  the 


S5]        STATE  TRIALS,  36  Chahlks  II.  1684.— TnVi/  of  IVm.  Sachevereli, 


*  tlipy  iW  said  Wniiam  Rache^'crell.  and  xht  I 

*  real  oi  the  dWundant*,  hfini;  persons  well 

*  kinwiuf:  the  premiios,  and  imtcncerned  in 

*  that  election,  but  being  ill-disposed  persons,  ! 

*  and  to  disqniet,  moleAt,  and  trouble  the  peace 

*  of  our  lord  the  kinjf  that  now  is,  antl  the 
•common  tranquillity' oF  that  town,  end  the 

*  aforesaid  election  wfiolly  to  hinder,  (!id  during 

*  the  UiDe  of  the  said  Assembly,  and  after  puh- 

*  Ho  prorlamatiou  niaile  as  atoif  said,  viz.  the 
'  said  39lh  day  of  September,  in  the  n foresaid 
'  34U1  year  of"  this  king^,  at  the  aforesaid  town 

*  of  Noi'ingliam,  in  tlieoouny  of  the  said  town, 
'  with  force  and  aims,  &f\  riotously,  routously, 
'unlawfully,  and  stdiiior.sly,   toj^cthor   with 

*  noany  other    ill- disputed  ]>cvsons,   and  dis- 

*  turbei-s  of  the  peace  of  our  saitl  lord  the  kinjf, 

*  to  the  nunnbifr  of  500  persons,  to  the  said 

*  attorney -^enf-r  a  I  as  yet  unknown,  assemble, 

*  congrcg'iiie,  and  unite  themselves  tn^jether, 

*  and  tljemsdves  to(>pether  continued,  to  disturb 

*  the  peace  of  our  lord  the  king  that  now  Is ; 

*  and  that  then  and  thuv  the  said  William 
'  Sachrveroll,  and  the  other  defendants,  the 

*  aforesaid  unlawful  and  ill  disposed  persons  so 

*  assembUd,  conjjreg^atefl  and  united  then  and 
'there,  with   force  a!;d  arms,  Sec.  liotously, 

*  routously,  unlawfully,  tuinulluouslv,  and  se- 

*  ditiously*  by  t  he  ^nnce  of  7  hours,  to  disturb  the 

*  peace  of  our  said  lord  the  kin;^,  and  lo  continue 

*  tlie  said  riot,  did  excite,  move,  persuade,  and 

*  |)rocure,  and  then  and  there,  oy  the  whole 

*  time  aforesaid,  made,  and  caused,  and  excited 

*  to  be  made,  great  rumoui^;,  clamours,  terrible 

*  shouts,   and  unusual  noises ;  and  then  and 

*  there,   with   force  and  arms,  iScc.  riotously, 

*  routmisly,   unla\\ fully,   and   s>edi(ious]y   oue 

*  mace,  btuiji  the  cnsiu^n  ofoflice  to  thesherifls  ; 

*  of  the  cduiily  aforesaid  beloii;»inij,  froiu  one  " 

*  John  ]\I.din.'lhe  said  Juliu  Mulin  beinq*  ihcu  ■ 

*  one  of  the  slienris  of  the  town  and  louiity  of  j 

*  the  t!>-.vn  or\oUiii!,'lKun,  at^iiinst  the  wili  uf  | 

*  the  alljn  s!ii-l  John  Malin,  took,  hud,  canie^l  . 
'  awav,  ami  (ii.-liiiiie.K  to  the  inci'iii<;  of  ijn::it 

*  dan(r«.T,  and  niOviiiL<f  of  tntuiilts,  anti  cHusiun 
'of  much  blond,   to  tlio  jrn-ai  Ifrror,  discpm't, 

*  and  fear  of  all  the  Ywi^v  sidi-ti  is  ifoursaiil 

*  lonl  the  kin'^-.  to  the  »;vil  i.'xaiiipk>i'f  all  oiher^  i 

*  ill  like  case  oHfiidiiii;,  and  ii^aitisi  itif  \nacv 
'  of  our  sail!   lord  the  kini;,  liml  uow  is,  Li:^ 

'  crown  and  dijrnity.*     To  this  IiiJonoalion  all  | 
the    DefviifLmis   lint    Kicl.ard    M.in.^uild   aii«l  ; 
IKiiry   I'iuiiipnv,   have  pl.'.ulcd  Not  (iuilty, 
and  i'ur  lv\[\\  pul  lih-mselves  on  the  roiir<:/v. 
lint  tin*  ililind.'i.Us  huvv  ulu-^jed  llKit  t'v.v  in-  . 
hii!):iants  of   tiic  ni^vii  :ind  ntuntv  of  ihi-  U  \m\  '■ 
of  Notti(i>'haiii  ou^ hi  not  to  lie  drauii  «>(ii  of  J 
the  s.iid  count V,  smd  thai  the  e«uuit\  of  K(  i:i  j 
is  ilii.-  uc-xt  C'Muiiv  tir  lb:  '.-ouu.y  'd' tiiL-  t«r.ui  of  ; 
^i(»ltin;^li:llll,  and  thrretuiv  h.iu*  pray.il  tlia:  :i  j 
jury  ol  ill;-  county  of  Kmh^  u\h^\i\  trvt'se  i-.-ne;  I 
to  whiili  ih«-  kiu'^'s  iUi'»iiivv   has  iiw;r(«*d  ;  :i:ji| 
you  Imjujt  fri'i  holiter.%  of  liil-  rouniy  cl'  Kiiit,  j 
and  reiurn*  il,  ami  sworn  l«)  tr^  ihisi  au.^t.*.  ;,-^»ur  ' 
cliurif^   is  ».»  i-.>(piire  «hit!ior  llu*  dtfenUunis,  ' 
or  any  of  tin  in,  are  (juiltv  of  llu"  ufleme  in 
this  iti formation,  or  ^lot  Guiltv,  uud  if  you  iitnl 


them,  or  any  of  them  ijuilty,  you  are 
so ;  and  if  you  find  them,  or  any  of  thei 
ffuihy,  you  are  to  say  s«> ;  atid  hear  yoii 
dcnce. 

Then  ProclamatiuTi  was  made  for  evi 
in  the  usual  uKuinir. 

Mr.  HolloiL'ct/,  !May  it  please  your 
ship,  aiiil  you  fienllemen  of  the  Jury,  1 
an  Infoniifltion  pr«.f?rrwl  by  Mr.  Attorne 
neral.  ccfftiust  \Vil!i:iin  %Sacheverell  and  g 
for  a  m«ist  jiotoriou?  riot :  and  it  sets  forti 
up'in  the  23.h  of  September,  in  the  34il 
of  this  king,  at  the  town  oi'  Nottiogfham, 
was  ai!  assembly  duly  summoned  beliire  C 
Wild,  then  mu\or  of  the  said  town,  fi 
election  and  swearing  <jf  a  new  mayor  < 
said  town  for  the  year  ensuing- :  that  the  1 
bccran  to  proceed  10  election,  and  made  p 
mation  for  all  person >  to  de[)art  that  we 
concerned  in  tne  election,  that  the  defet 
beinfi^  no  way  concerned  in  the  electio 
being  ill  disposed  persons,  to  disturb  the 
ot  th»t  place,  and  set  the  town  together  I 
cars,  did  in  a  riotous  manner  assemble 
selves  with  many  other  ill- disposed  perw 
the  number  of  500,  and  continued  in  th( 
for  the  space  of  seven  hourb',  with  a  grei 
of  noise  and  tumult,  and  with  force  anc 
did  riotously  carry  au*ay  and  detain  a 
from  one  Jolin  Malin,  then  one  of  the  s! 
of  the  town,  against  his  will,  to  the  great 
of  his  majesty's  subjects,  and  to  the  evil  t 
pie  ot  all  others  in  the  like  case  offending 
against  the  king's  ueaue.  If  we  prove 
any  of  thrac  defetiuauts  who  have  pleadc 
Ciuilty,  to  be  Guilty,  you  will  find  them 

Mv.  Recorder  (sir  'f  iiomas  Jenner).  J 
please  your  Lordship,  and  you  Gentlen 
the  Jury',  I  am  of  counsel  in  this  cause  1 
kinir:  This  i>  an  Inforuia'ion  against  a 
oi  21  persons  for  being  in  a  notorious  rio 
continuing  in  it  for  two  days  together. 
]deuse  }ou,  Mr.  Saclieverell  he  is  in  the 
of  them,  and  ho  and  seven  more  of  the 
fe:iduiits,  very  eoiiiiiilerable  persons,  we 
at  alt  coiiceriicd  either  b\  any  obi  char 
bv  the  new  charier  in  this  election,  but 
stiaiigei-s,  and  \ et  they  must  needs  coi 
purpose  to  inflame  and  set  on  the  othc 
>ha[l  iiuine  iheiii  th.it  were  not  concer 
tin:  election,  William  Sacheverell,  Geoiv 
gorv,  i'liarlis  Hutchinson,  William  V 
cNiik,  Jost-di  Turpiii,  Nathaniel  Ch 
s  iit;ut  \'.Yi\  liarker,  and  Joseph  Astlin. 
p.  ooiis.  ^L>!itlf-i!ien,  had  no  manner  of  pv 
to  be  :\t  thi^  phee  upon  the  account  of  ai 
tion  Tin;  iiiartrr  of  it  \ta.s  thus  :  Michai 
div,  1<}V.*,  ilie  mayor  that  then  was,  I 
U'lid.  \^as  at  hisov.  11  house,  with  some 
l-nthriM,  ill  order  to  go  to  church  that 
i:ig.  a-.'fonliug  to  the  usual  custom  o 
place,  aL  tlw-  tl.iy  ofcb-ction ;  but  having 
lit;.:  th«  If  \\..i  :•  charter  coming  dowi 
e\pi-4ird  cviry  moment,  truly  the  othc 
Mr.  Saclit Acrell,  and  the  re»t  that  were 
for  he  was  prttscut  liiui«elf,  were  very  1 


STATE  TRIALS,  S6  Charles  II.  l684.— Mff  othen.Jor  a  Riot. 


tS8 


D  church  very  early,  but  I  bciieTC  not  so 
Mit  of  x«ral  t<»  ifo  to  cliurcli,  but  more  to 
lo  a  spce«ly  electinn,  it*  possible,  before 
*w  charter  come  Jovi-n.  The  mayor  at 
me  time  dcsirotl  tUein  to  stay  a  tittle,  but 
■ot  prevail,  and  tbereupun  they  (((»  to 
b,aiid  while  thpy  were  there,  tlie  new 
r  comes,  and  then  ihe  mayor  bavins^  ifot 
rv  charier,  i;«n!8  into  the  council- hull, 
tads  Ibr  the  Inioks  from  the  clerk,  who 
heo  io  the  church,  and  be  came  and 
b(  them.  When  tiiey  came  to  the 
il-baJI,  the  mayor  was  proceeding  in 
!•  have  hiniselt'  sworn  u^mn  this  new 
r,  and  they  having  ^onte  notice  what 
mo^  aft  the  council- hull,  were  willin*^  to 
all  the  haste  they  c«mld  out  of  the 
ht  and  came  down  to  the  council- hall: 
ihen  they  came  there,  the  mayor  tells 
hm  buitioestf,  that  he  hud  a  new  charter, 
fm  ^oing'  to  be  Kworn  according  to  the 
i  cspreas  comniission ;  and  SHcheverell 
(■p  in  the  front  of  tbem,  and  sayt,  We 
bic  BO  new  charter ;  we  will  have  no 
■■vor  as  you  would  have ;  but  we  will 
alSraaTes  mayor,  and  that  was  the  out- 
A  Gcaaves  ma  vor,  a  Greaves  mayor ;  to 
inw,  that  all  the  mayor  and  sheriffs 
Laii  couKi  not  pacify  them.  But  thus 
■ids  a  tumult  and  an  uproar,  by  the  help 
pnM,  Wilson,  who  1  believe  will  give 
■MHby  and  by,  what  he  had  to  da  there, 
|0V  As  VM  concerned  in  the  election  of  a 
tf»  M  fea^^h  the  mayor  wan  tbrccd  to 
pfKgMd  did  ifo  down  out  of  the  council- 
ribb  iMstbe  common-hall,  where  he  got 
Vrifaswo;  and  by  that  time  he  had  i>ot 
KJhi^  Ifcey  came  out  of  the  council-ch^MU- 
■It  ahe  common -hall,  and  acquaint  the 
■;  that  truly  they  had  chosen  Greaves 
m  m  the  council -Vhamber,  and  required 
liflvcar  him.  Mr.  Mayor  said,  they  had 
in  is  do  to  choose  a  niayor,  it  was  nu 
hi^  and  thev  would  pruceeil  to  I'lec-tion 
limg  to  the  charter,  he  having  now  taken 
tfh.  This  Tuisetl  the  tumuli  highor,  and 
Jktn  were  i^A  togellier  about  500  per* 
,m  that  at  last  some  of  the  aldermen  that 
M  ibo  ouiyor,  were  fain  to  wiihdi  aw  fur 
^■ischief,  the  tumult  was  so  outrageous, 
laijinK  out  the  new  charter  was  noi  worth 
pHBt  others  crying  out,  No  new  charter ! 
il  erymg,  A  Greaves  !  a  (ireaves !  and 
^•y  stood  upfiu.  Tiie  mayor  witiidrew 
paVB  house,  uithmuchaJo  he  got  out 
pWi»  and  when  he  was  got  thither,  there 
pJMsds  to  an  ele«:iiou,  and  h  bile  lie  wun 
IJ^M,  truly  they  having  gotten  sine  of  the 
■away  by  ffirce,  tlivy  went  to  the  crosN, 
MR  they  procluinie^l  their  mayor,  with 
Mfcaoiaon  and  outcries,  rejoicing  lur  the 
■r  they  had  gott'^n,  and  the  new 
■  they  have  defeated.  While  the} 
li^  the*  mayor  having  chosen  another 
riallie  new  charter,  regularly  caiiie 
ipiWliinird  that  mayor  at  the  market 
>li  wmak  ID  wch  cases,  and  made  pro- 


clamation that  the  rest  sbonld  depart ;  Imt  in- 
stead  of  that  they  witlistood  him,  and  would 
not  suffer  the  cryer  to  make  proclamation,  that 
any  body  could  hear  him;  hut  a  great  riul 
they  committed  iu  an  outrageous  manner,  i-e- 
sistmg  authority,  defying  it,  and  despising  it. 
After  this,  this  woiihrnot  satisfy  them  yet,  bn; 
the  ne2rt  day,  l>cing  market-ady,  they  must 
proclaim  their  mayor  again,  which  is  a  prac- 
tice never  known  upon  any  election ;  hut  at 
the  open  market  them  l)efore  ail  the  people 
they  proclaim  him,  with  great  rejoicing  for 
the  new  mayor  they  had  gotten,  and  wishing 
the  people  to  stand  by  tiiem :  and  for  their 
part&,  if  they  had  not  right  d(»nc  them  now, 
they  did  not  cloubt  but  to  meet  with  a  parlia- 
ment that  should  do  them  right.  In  this  great 
disorder  was  this  town  by  this  tumult,  which 
was  thus  headed  by  persons  of  eminency,  and 
popular  (lersnns,  who  helping  to  carry  on  such 
a  taction  as  this  was,  it  was  great  odds  there 
had  not  been  real  fighting,  and  battle  in  good 
earnest;  but  it  did  happen  to  be  better  ap- 
peased, and  they  went  home,  but  ever  since 
their  whole  business  has  been  to  uphold  this 
power,  and  attend  him  up  and  doun  constantly 
since  as  as  their  mayor,  and  opposing  the  au- 
thority of  the  mayor  by  the  king's  new  charter. 
We  will  call  our  evidence,  my  lord,  and  they 
will  every  one  of  them  s|»eak  to  the  several  de- 
fendants, and  the  several  ;)arts  of  this  famous 
riot ;  and  when  we  have  done  this,  we  hope 
you  will  be  satisfieil,  gentlemen,  to  find  them 
guilty. 

Mr.  North.  Will  your  lordship  please  to 
spara  me  a  word  of  the  same  side  for  the  king  ? 
My  lord,  this  is  a  proceeding  of  an  extraordi- 
nary nature,  and  if  ui»t  taken  notice  of,  it  will 
be  thought  there  is  no  law  in  £uglaiid ;  for  it 
is  a  metho<l  to  have  authorities  qu<\stiMnefl,  not 
in  Wcstmiiister-haU  by  the  ruli:s  of  law  and 
justice,  hut  decided  by  noiric  and  rabide,  and 
gfiing  together  by  the  ears.  My  lord,  this 
surrender  of  the  old  charter,  and  liie  sending 
down  of  a  new  one,  whs  not  secrrt.  but  well 
known,  and  that  occasioned  the  irreat  cor.grc- 
gation  of  tliese  geiitleuuMi  that  had  nothing  to 
do  in  the  town,  and  no  it  was  a  [in-mcdiiateil 
design  to  give  a  disturbance  in  the  place,  in 
opposition  anil  alfn)nt  to  his  maiesly's  charter. 
My  lord,  1  d«»  suppovw  th.-y  v»'iy  w«.-ll  knew 
that  matters  of  that  nanu-e  vere  prop<-rly  de- 
tiTmiuahle  ill  a  i\ay  of  law;  and  it  the  iiia>or 
hail  no  authority  by  the  new  ehuilei'  t«»*  do 
what  he  ili  I,  they  kuew  \ery  well  how  to  (pies- 
tion  him,  and  iIk-iii  that  jouird  wiih  liini.  lor 
il :  but  they  did  not  think  that  so  ctfi'ctual  fur 
their  purpose ;  thpy  did  not  think  til  to  take 
that  coursf,  hut  ruilivi-  chose  to  pnuM-eil  in  the 
methods  of  distiirbimcc,  and  that  occ.i>iioi:ed  all 
that  Mr.  Nerj(*ant  has  o|»eiicd.  Tlic  lirsi  step 
they  made,  my  lord,  wasto  :i|»jica.in  tln'to\*n- 
hall,  there  to  make  an  rU'riinii  of  their  ov\n, 
and  there  to  oiy  up  a  mayor  of  their  o\»n 
choosing,  \^ithout  the  authont\  of  thf  pic^-iit 
mayor;  which  u  as  all  n-rcirular  from  the  be- 
giiuiiiig  to  the  cud,    W hctt  tlicy  had  dune  that, 


39]        STAT£  trials;  36  OaAELBft  II.  i684.->TnVo/  Wm.  SMcheverett,        [40 


then  this  mayor  must  be  proclaimed  up  aiul 
down  IhetowQ  upon  market-da^a,  when  the 
country  c&me  in,  with  great  noise  and  great 
rabble.     We  shall  call  those  that  were  present, 


nor  can  be  |faralleled  by  any  thing,  unless  by 
tliat  not  lur  i.tf  .be  common-hall,  at  London. 

Mr.  Jones.  M\  lord,  if  the  persons  that  bad 
been  concerned  in  election  (for  the  town  of 
Nottini(iiam  coosists  of  particular  ficraons  that 
are  to  ooiiie  aud  act  in  this-  matter  of  the  elec 
tion  of  the  ma^or)  had  licen  the  only  persons 
that  were  met  in  this  assembly,  pos'ibly  it 
might  have  had  some  sort  of  mitigaiioo  aud 
excuse ;  but.  my  lord,  here  are  mere  foreigiierfi, 
people  that  liaire  nothing  to  do  in  the  mattei 
nor  in  the  corporation,  bot  gentlemen  that 
come  out  of  the  country  with  an  armed  mnlti 
tode,  and  for  them  to  come  where  they  had 
nothing  to  do,  and  makt  such  a  riot,  in  such 
an  outrageous  tomoltnons  manner^  is  the  next 
act  I  know  to  the  highest  rebellwn.  For  they 
knew  ?ery  well  what  the  matter  was,  by  the 
ones  of  A  Greaves!  a  Greaves!  NoTopiady! 
no  Toplady !  No  new  Charter!  and  you  see 
who  were  the  abettors.  In  truth,  the  insur- 
rection spread  so  far,  that  if  the  duke  of  New- 
castle, who  is  lord  lieutenant  of  the  county, 
had  not  cove  with  force,  they  had  gone  down- 
right to  Mows,  and  been  all  in  bkiod.  And  if 
wmdk  proceedings  be  not  pohlidy  minished, 
the  king's  authority,  and  the  peace  or  corpora- 
tiona  can  nerer  be  preaerred.  We  shall  call 
our  witnesses  to  prove  it ;  8acheverell  was  the 
captain  of  them,  and  we  shall  begin  with  him. 
Mr.  Puwii.  My  lord,  we  shall  make  it  short, 
lor  we  shall  shew  without  meddling  with  the 
old  charter  or  the  new  charter,  it  was  a  riot. 

lUeofder.   Swear  Mr.  WiM,  Mr.  Edge,  and 
Mr.HaU.  ^ 

Mr.  Foilexfen.  ITiere  will  be  one  thing  ne- 
cesnry  to  be  settled  in  this  case,  my  lord,  con- 
cerning the  witnesses;  they  call  Wild  and 
other  persons,  they  are  members  of  the  new 
corporation,  and  we  object  against  them  as  be- 
ing witnesses  in  this  case,  and  our  objection, 
my  lord,  arises  thus:  It  will  appear  in  this 
case,  that  there  is  a  controversy  betwixt  the  old 
chartor  and  corporation,  and  this,  that  the  in- 
formation is  brought  upon  the  new  corporation, 
whether  the  old  corporation  be  still  in  beinf , 
or  was  at  this  time  in  being;  and  whether  this 
new  chartrr  be  a  good  charier  in  law :  the  mat- 
ter depends  both  in  this  court  and  in  cbanceiy ; 
a  Scire  Facias  is  tliere  brooght  against  the  new 
charter,  sod  a  Qua  Warranto  here  against  the 
old.  Now,  uiy  loni,  it  will  so  tall  out,  that  if 
80  be  the  new  charter,  upon  which  this  infor- 
mation is  founilnl,  be  not  good  in  law,  we 
think  it  got  a  with  the  defendants.  So  now 
they  call  the  nieoibevs  that  claim  under  the 
new  corporation  to  be  witnesses,  and  thereby 
they  would  have  a  privilege  by  their  own  testi- 
mony, to  maintain  their  interest  in  the  new 
charter,  which  wc  thbk  by  law  they  oaghl 

BOttOOD. 


£.  C.  /.  (sir  George  Jefferies).  Look  yoa, 
Mr.  Pollcxfen,  though  it  is  not  fit  for  ns  to 
interrupt  gentlemen  when  they  are  making 
harangues,  yet  we  must  tell  you,  we  do  not 
take  notice  much  one  way  or  otlier  of  the  dif- 
ference lictweun  the  old  charter  and  the  new, 
for  our  business  is  to  mind  that  which  h  be«  .; 
fore  us  upon  the  information,  and  we  must  srt 
by  all  tilings  that  are  not  before  us,  and  nil 
take  notice  of  them  one  way  or  ot  her.  Do  yew 
think  we  intend  to  try  the  new  charter  or  tk« 
old  charter  upon  an  information  for  a  riot?  ^ff 
iu  case  there  were  a  douot  whether  the  old  oM 
l>e  gone  or  still  in  Iteing,  take  the  pntper  w^ 
fur  the  dfctermiuing  thosie  tbini^N.  Vou  shJl 
not  think  to  be  let  in  u|ion  the  biislneMi  nt  tt 
riot,  to  try  ihe  vsiidity  of  }  our  charter ;  if  yM 
have  a  Scire  Facias  to  refieal  the  new  clia.t8K  • 
or  if  you  have  a  Quo  Warranto  a^raiust  the  dm* 
charter,  in  God's  name  go  on  in  a  regular  wn^;^ 
liut  do  ^ou  tell  mc  Uiat  supposing  I  he  tM**^-. 
clkarter  i»  an  ill  charter,  and  the  okt  one  a  | 
f  »nt>,  thai  right  or  wrong  is  to  be  tried  by  i 
and  noise  P  No,  the  busroess  we  are  to  tiyl 
wlietber  here  were  a  riot  committed  by  t' 
defendants  against  the  public  peace  or  uo. 

Mr,  Hoit.   My  lord,  we  are  upon  the  i 
of  exoeptkiQ  to  the  witnesses;  and  they  op«i' 
it  theoudves  that  there  u  such  a  < 
in  the  town. 

L.  C.  J.    We  will  not  try  that 
here  at  this  time. 

Mr.  Ho!t.  My  lord,  the  in 
cial,  it  is  grounded  upon  the  new  ebaitir,  and 
sets  forth  that  this  Wild  being  mayor  by  vlrlM 
of  this  new  chartei^^^  -."V 

L.  C.  J.   He  was  mayor  defaeto^  and  I  ml^ 
not  know  but  he  was  so  dejure.    But  sinipiii 
a  man  do  take  upon  himself  to  be  mayar,  wmt 
it  may  be  according  tci  the  rules  of  nw  lit  W 
not  mayor,  the  way  to  know  whether  b»  '%|' 
mayor  or  no  by  law,  m  to  take  the  bmI' 
and  proceedings  that  the  law  has  appoin 
but  not  bv  tumults  and  rioto,  we  n 
none  of  tnoee  things  to  decide  oonti 
there  must  be  noUiing  of  plucking  out  '\ 
another's  throats. 

Just.  WUkint,  Pray,  Mr.  Hoh,  if  the  UlM 
sends  down  a  charter  to  make  a  oorponMll 
shall  all  the  people  rise  in  a  body  ■cwml  Mi 


No,  satisfy  youraelf  for  that;  if  the  lung  awM 
down  his  charter,  the  people  shall  not  fly  m  itt 
face  of  them  that  bring  it.  It  is  not  oobm  W 
that  yet,  nor  I  hope  never  ahall.  t 

L.  C.  J.  No,  no,  for  the  matter  of  righti  ipi 
are  not  upon  this  information  lo  detwrmUt 
whether  the  old  charter  lie  in  being,  or thenilF 
one  be  in  being ;  but  for  that  you  mnst  go  aiil 


cording  to  the  rules  of  law,  and  take  yoni 
gular  course ;  and  I  will  tell  you  by  the  i 
It  is  not  he  that  has  the  most  company,  tM| 

afi  Vmm 


has  always  the  greatest  ri^it:  we 


Et  riylit:  we  all  kae9 
very  well,  and  I  nave  been  m  a  place  that  Ml 
been  hinted  at  the  bar,  aod  there  indeed  he  A^ 
had  most  noise,  had  always  most  right,  as  tkMi 
thought ;   but  we  will  have  none  of  iImI 


thingi,  goon  fbr  your  right  ioangolarin^ 


mc  Mic0i». 


STATE  TRIALS,  SSCtiAtLEs  II.  leM.-^and  othen.for  a  Rtot 


No  New  Chnrtrr!  Theo  spoke  Btr.  Sflche- 
?4<rcl)t  Sir,  says  be,  thi4  iM  not  oar  tiitsinesi 
berc  now,  we  coiuo  here  ftir  the  dt:'<*ti«m  of  « 
tnnypr  by  the  old  charter.  Sir,  saiil  I,  (  kao\v  ' 
rtol  Hiiy  business  v^Ju  have  here,  nor  a  great 
many  ^e^tU;men  tfiat  ore  here ;  ir  iruuM  better 
become  you  to  be  iu  nriolher  place.  Kir,  snyil 
ije,  will  V"^  prot:€e<i  to  eltrclioii  or  no  i*  Sir,  ' 
sitys  I,  I  have  a  great  deni  mvre  to  do  beibre  I 
can  prncced  to  efcction  ;  1  yims  to  l*c  swora 
myself,  and  to  swear  Itair-A- dozen »  before  I 
could  prficeed  to  election,  in  the  room  of  tbo^e 
that  weru  turiUMl  out,  to  make  tbein  capable  of 
etecting-.  And  so  they  cTJed,  No  New  Charter! 
No  New  Charter  !  A  Grearc?!  mny*>r  *  A 
Greavea  i]iay4irl  Then  they  cried*  M*\  Alder- 
noaii  Edge,*  take  your  book,  ftud  proceed  ta 
election.  Who  ore  you  for,  Mr*  JVJuyor.*  Mai  J 
I,  yoa  cannot  proceed  to  tiny  election  without 
my  ton^itt,  and  I  disclaim  it ;  and  so,  gentle- 
tiemen,  farcTicll.  My  lord,  that  wait  in  tb« 
Council-boojte  aext  to  the  Guildhall. 

L  C\  J,    What  day  was  that  ? 

WUd  ll  was  Frktay^&Iichaelmiis-day,  16821 

I.  C.  /.    Well,  ffo'  on. 

Wild,  So^  my  lord,  I  adjourned  the  court 
into  the  Guildhall,  which  waa  a  rooru  adjuiaing 
to  that  where  this  matter  happened,  and  ue  sat 
a  while  upon  the  bench,  and  made  a  JitLla 
speech  to  tlie  burgesses  of  the  town,  and  told  ' 
Cbf m  the  king^  had  panted  a  new  charter,  and 
if  they  pleased  to  t>c  «ilent,  they  sljould  bear  if 
read.  This  was  after  I  wag  sworn ;  for  as  soon 
a»  I  *^me  there,  tbey  gave  me  my  oatb^  cmd 
Rwore  me  mayor  by  the  new  charter.  We 
commanded  silence  there  aeveral  times,  but 
the  burtreases  were  very  tumultuous  and  it 
was  occasioned,  as  I  belie  re,  my  lord,  by  the 
comiiij;  in  of  two  getitlemen,  Mr.  Gregfory  and 
Mr.  Hutch iosoOt  who  came  to  tsril  me,  the  g«n» 
tlemen  in  the  other  room  had  elected  Mr, 
Greafes  mayor,  and  desired  me  to  come  and 
hear  him  sworn.  Said  I,  they  cannot  elect 
without  my  consent,  and  I  disclaim  jt,  I  will 
bare  nothing  to  do  tn  the  btisiness.  With  that 
tl)e  Inirgenea  begmn  to  be  lo  extraordinary  tn- 
multumit  and  outrAgeons,  and  keep  such  a 
noise  and  a  stir,  that  we  were  airaid  tbey  would 
have  uliickeil  us  off  the  beocb  i  insomuch,  as 
one  that  wis  by,  my  brother  Parker,  whis)tered 
me  in  the  ear,  says  he,  will  you  stay  here  to 
l>e  knocked  on  the  head  ?  I  told  bim,  I  hoped 
there  was  no  danger  ot  tt^t.  We  commanded 
*tileijce  a^n  and  aifaiu,  fur  the  rcadmg  of  the 
new  charter ;  and  there  was  an  honest  gentle- 
man in  court,  one  Mr.  Bawd,  a  barrister  at 
law,  that  took  it  and  read  it  very  distinctly  to 
the  buixesseB  and  the  Cf*m^>any,  as  far  as  they 
would  gi?e  him  leare.  I  made  proclumatton 
fbr  sileDce,  and  keeping  the  [>eacL*  divers  times, 
and  for  all,  that  had  no  business  there,  to  de- 
part ;  but  they  were  §0  outrageous,  tliat  alder- 
man Parker  went  away  ;  he  was  afraid  of  his 
life,  as  he  told  me.  1  staid  60rac  little  time 
ailer  alderctiaii  Parkt-r  went  away  *,  but  tin  ding 
tliare  wis  nothing  to  be  done  for  the  doik*,  I 
a^jottroed  the  court  to  my  aim  btmie,  and  did 


4i*»  mam  i  sre  ibuA  ktcp  lo  ^e  bii^olness 

iMiHiieHoc. 

.  ^Mtj^km,    My  brd,  we  ere  in  a  place 

vtov  Wir  h0ftt  such  lldtigs  will  not  be, 

9M:mA»emnf  io  lm%r  right  iwtled  by  taw. 

Mmmdzr     £i««rar  Mr.  Wild.     [Which  wa^ 
ian^j    IVay    giire  my  lord  and  lUe  jury  an 
ivltfl  bapfiMiid  at  Nottiiigbam  upon 
'my«  imt.    TcU  the  whole  mat- 

Tdd.   My  Ifwd,  and  \  ou  gentfemen  of  the 
I  was  then  mayor  whrn  thi<i  business 
«li«ii  tbc  single  new  charter  came 
mti  «4  It  cdun^  to  my  liandg,   [  went 
tttCfaeie^i    '  :1h  kinif  to  be  sworn 

}  might  be  capalile 
Lueir  ruoins  that  were 
'  nme  tiiere,  I  desired  al- 
ftlBift  l^rU.;  .»^  lUppon  10  gn  for  alderman 
Hit,  mhm  m^m  st  tlie  elMircb,  that  we  mi^ht 
%ap«i«  p^^nlaHs.  he  beinj  town -clerk,  who 
eSttc^erd   lb  i  ;  but  in 

mm  \a6m  tiois  ^...  ..-;'.^  .-.,.ir,  with  a 
fpm  ^Mft'  fisJHiua  With  bim,  as  Mr.  Sache- 
•>vi^  wk  »  f»««l  many  mkmm  that  had  no 


FtmyBuoeitiiiaDyef  them  as 


_WM    Mr.  Haai«Ttren,    Mr.  Hutchinson, 
Mr.  G«D,  GrMMfy^  Mr*  Green, 
db^  Tb»inas  PMyiie. 
Paliu/t.    He  m  not  oiStied  here. 
r4^.   Urn  QOt  dittwft  binv  |iray  Itt  hjm 


We  ^nhr  teke   notice    he 
m  ootibwii  in  the  infor* 


CiMMCyottke^Miteiiled,  what  if 
M  mm  mm^  astiefii  that  •!«  not  there,  what 

^  TlM9t««tviieyenl  oUierm,  but  these 
flit  Mooff  la  the  town,  nor  had 
e  g  a^meiif  ibisin  were  no  bur- 
'  llMt  WW  WiyjKJ  had  no 
Wf  mm  sees  ta  these  gentlemen 
,  I  leas  a  little  anjazed  to  set! 
I  took  the  kingV  new 
^tt«  r«c  df  Ihe  bMc,  and  alderman  Rippon 
««  a  b;^  m^  aide  and  I  by  the  other.  Gen- 
ial^ saM  I^  bave  ia  the  Icing's  new  charter, 
i^db  W  kaa  hmm  plsaaeil  to  srant  to  the  town 
dlfllqgtem ;  aod,  said  I,  Mr.  ^(erjea^t  Big- 
W.  wiftywo  Ik  plcaaed  to  cast  your  eye  upon 
^  mimtimfy  iImt raitlemeu  whether  it  be  a 
~^  Avttr,  mad  wim.  are  t!»e  cnoteuts  of  it  ? 
\  ngpi  W,  49  warn  ask  my  opinton  &a  recoi-der, 
aaaair  Says  I,  1  »«k  your  opiuion  as 
'l^iea  and  h'-  f  ^-ll  not  ^ve  you 
Ttianaai  '  llerman  Edge, 

;  Q|«»ii  U,     '■>■    ^'    '  ytjtn  opinion, 
imje  m  r^smtk  It  as  town-derk,     Btr, 
I  tamw    what  1  was  by  the   old 
lag  t  da  oat  knamt  irbat  I  am  by  the 
l«il  isynor  datvaa  to  do.    No, 
(  w41  not;  an.  myWtl,  Httd  geivtle- 
I  the  jimrj.  Ilia  rwA  'of  the  jieonle  that 
lteiaa»,  oM  o«l.  No  New Charia  * 


43]        STATE  TRIALS.  3ii  Charles  II,  i684^7Hd/  qf  JVnu  5tfc»fwre//, 


\  the  rest  of  the  basinets  iLere,  electing'  and 

tweariiif^  the  loajor  and  utber  ttfBcers.    My 

lord,  piicscntly  after  I  wbm  come  lo  my  ovi'o 

buusot  ntmes  Mr,  Cbarles  Hutciiiiifio»,  Mr. 

Geori^c  tjje^ory,  Mr.  Samuel  Ricbai-dt^^  aud 

Mr.  VLiliur  Hh  cards  j  aud  tlii^y  catne  vtry  im- 

udeoily  add  naucdy   to  deiuiiud  tb»   mace. 

thvy  sai  i  ih»*y  were  sent  to  demand  ttie  muce. 

^  8&id  If  1  tliii^k  you  Lave  nothing;  to  do  mth  it. 

L.C  J,     Were  they  c<^Qcet'ited  in  the  elec* 

[jki>\k  liy  tlie  o\A  cbafterf 

Wild*  No,  my  lord,  they  were  not  by  the 
ifiild  Qor  new,  Dur  noDe  ai  all*  Siiid  they,  wili 
you  (ilea^ie  lo  g-ive  ub  your  answer,  whether 
jfou  will  j^ive  us  tiie  vosx:^  or  dm  ?  Said  1,  1  re- 
crivad  il  from  a  very  good  authority  i  1  re- 
Beit  i:d  it  bv  the  king V  authority ,  t^ud  to  the 
kuktr's  vutKority  1  will  g'lve  u  a^aia.  Said 
[tilht'y,  ]s  I  bat  ull  the  answer  you  will  give  u»? 
ifej,  said  1^  that  xn  my  a««wer  :  so  tl»ty  went 
away.  Atker  we  bad  sworn  all  the  men  thai 
i{e  in  till;:  new  ebaiier,  we  went  to  the  etec- 
n' of  a  new  mayor,  and  we  cho^  Mr,  Toj>* 
int'r  *  w lien  we  bad  chose  bim^   we  went 

I  I  Mum,  iih  the  usual  manner  was,  and 

|i,„,...i..,.  d  htm  at  the  market-cro&s,  the  ^eck 
ay -cross,  as  we  cull  it ;  and  aa  we  were  [iro- 
siaimi)!^  our  new  mayor,  there  cornea  Bberwtn 

rid  (jteiu,  with  a  g;reat  many  more,  abont  40 
beUevL%  or  thereabouts ;  and  a^  it  gr«w  to- 
Hrardf  mtfht,  they  nbonteil  and  threw  up  ilieu* 
Ekat^,  and  we  thouj^bt  they  would  have  run  in 
l|ion  ms^  and  they  cried  om.  No  New  C' barter ! 
!la  New  Charter !  A  Greavea  mayor!  A  Greavea 


Mr.  }iortk.    What  became  of  the  macef 

Wild.    1  kept  iU 

X.  C*  J<    ^V  h»t  t«  this  jLfentleman'ji  name  ? 

Mr*  Ni>rtk.  Mr,  \V  ild  ,  he  was  mayor  then. 
I'B&ve  you  no  tQ«  re  to  say,  8jr  i* 

JuE^t.  Withkui.  Fray^  who  wna  at  \\\a  head 
fall  this  rabbled  wtio  v^as  the  chiei  of  them  i* 

Wild.  1  beliefe  if  Mr.  8.icbeverell  hud  not 
\  ibei e,  and  those  other  gentlemen,  we  had 

J  no  ifiMurUaace. 

ill  '-'i.    Pmy,  Sir,  let  me  ask  you, 

'l^ad  I  '--men  their  sword!>  on  f 

HW.     \^^ 

Just.  Wuhtns,  Did  ihey  a.bet  and  couute- 
j  ti4acie  t))c  tumult  ? 

Wiidi,    Y^es,  they  did  abet  it. 

Mr.  ^forih.  I>id  any  b^j^Jy  jstrike  or  threaten  ? 

Wild.  There  are  iiome  tn  court  can  tell  you 
I  fometbuiff  ot  that,  I  know  nothing  of  it 

L*  C*  X  I  would  know  of  you  bow  many 
Larsons  were  oresent  at  this  lime  when  this 
^tumult  wa«.  Pray  name  as  many  oftbem  as 
you  can.  Vou  hare  named  Hacbevereil,  Gre- 
f^ory,  and  Hutehin«on  for  tlie  tir^t  part:  you 
1  DAve  named  aliuuL  the  bu^ine^  of  the  muce^ 
S4jtiucl  Uicbanlif  aiid  Arthur  IliccanU. 

Wild,  And  Mr.  Grtt-n  and  Mr.  Sherwio 
vere  there  at  the  market- crosa. 

LCJ.    Who  else? 

Mr.  t'o«t)ii,  Waa  Ml.  John  Greavea  there? 

M'UJ    Ye«. 

Mr.  PoiLU*   Was  WiUiom  Greaves  there  ? 


WiU,    Ye«. 

Mr  Fowis.    Wttii  Ralph  Eennet  there  f_^ 

Wt/d.    He  waft  there. 

Mr.  Fotnii*    Wa^  WilH.-im  WiVfOol 

Wild.    1  oan 

Wild.    Yet. 

L,  C  X    Wm  Thomaa  rrig  Ui«t*  ? 

HUd.    Yet. 

i..  C.  X    Was  Richard  Smitli  there  ? 

Wiid*    Yes,  he  was*  tliere  tfjo. 

L.C.J,   UajiJohn  Hoe  there  P—H-W.  Y«. 

I..  C.  J,    Was  \\  lUiam  l^nutii  there  t 

Wild,    Ye«. 

L.  C.  J.    Wa«  Joseph  Turpin  itiete? 

Wild,    He  was  in  the  hall  r  ip  | 

hat,  but  I  did  not  se^  him  in  th*  < 

L,  C,  J.    Did  he  abet  the  tuiuitii  f 

Wiid,  Ye&,  be  cried  out.  No  New  Ch 
No  New  Charter  I A  Greavi»  may  or  1 A  Ur 
mayor ! 

X.  C.  J.    Was  Nathaniel  Chmn»«U  thcref'  t 

Wild.    Yes. 

L.  C.X    WasHii-   ^       '-   '    -therel 

WUd,    I  can  «av  ' 

L.  C.  J.    Was  Jt>- 
WUd.    I  can  ia> 

L  C.  J.    Then  tU 
to;  Wilham  WiUon,  Humphry  Bark«r«  tn 
Joseph  A8thn. 

Mr.  ]^ofth  Pray,  Sir,  favour  me  tvith  omft 
word  ;  1  would  ask  you  ttus  qoeatioo :  Was 
there  any  proclautation  made  by  your  order  to 
have  iliiise  depart  that  had  no  bu^ness? 

Wild.    My   bra*   I  diil  order  il  •«[  Ukd  I 
think  the  nerjeant  is  in  eourt ;  I  f«tit  him  i 
the  other  room,  and  did  order  him  to  i 
proclamatioQ  i  he  will  give  you  an  AC4»uq1  of 
that. 

lietordfr,  H«»w  came  it  about  they  were  gal 
to  church   before  you  cMine  fioui    v^ut   ♦»;5ti 
house?  Pray  tell  us  what  you 
fore  they  went  to  church.     W*  ,        i 

thi'iu  Utwre  (hat  at  your  house  U>ai  uio 
auil  what  dtd  you  say  to  them  !* 

Wild.  Ma)  it  ple&i»e  your  lordshit),  my  lo 
and  gynttenu'n  of  the  jury,  the  nevr  ch 
was  not  come  till  s*i  i 
they  hud  been  at  my 
0*crrH'k,  io  Un'      ■ 
and  ihey  wev' 
suailed  them  \" 
a  new*  charter 
my  frit nds,  ai.     . 

the  rest  to  iitay.    1  did  persuade  iheui  Ih  niiiy  j 
great  while,  and  went  out  fn»ii  them,  mff  run 
to  them  ai^'ain.     At  taf^  news  wa»  bv 
that  tlie  new  charter  was  within  tlj< 
the  town  (lor  we  had  a  (»))y  at  the  tup  of 
bon&ea)  and  that  hall  a  sc<»re  were  come  \ 
it  $  so  I  went  to  atdemiim  \LtV^ 
DOW   the  new    chftiter  waji  i 
bounds  of  the  town.     Wheti  tut  , 
say  so,  they  cried,  Away  *  Awsy  !   I 
church  ;  aud  thc-y  *«id  Mr.  Sacheitj 
the  street,  and  so  they  tbliowecl  bim  to  chu 
Away  they  wtol  frotn  my  boune .  but  a  hH 


tkmtt^  ot  them  i 
to  them  to  persu 


STATE  TRIALS,  36  Charles  II.  \6M.^and  others,  Jhr  a  Riot.  [46 

Juft.  XVithens.  Is  it  usual  that  the  multitude 
should  make  the  mayor  go  to  church  betbre  he 
has  a  mind  to  it  ? 

Mr.  Lovcli.  Did  you  make  any  summons 
at  all  for  that  inccMiug? 

Wild,    I  sent  no  summons. 

Mr.  PvUexfen.  It  is  all  laid  in  your  infor- 
matkm,  that  the  assembly  was  summoned  bv 
.vou. 

Wild,  All  that  I  ever  sent  for,  as  I  know, 
was  Mr.  Scrj.  Bij^rhmd.  There  were  two  or  three 
^entliMiicn  at  my  li»usv  thiit  uskrd  nie  to  send 
for  him,  ho  havinsjf  b«'on  Itix^Mirdcr  bv  the  old 
charter.  Said  1,  if  Mr.  Serjraiil  Hi^Iand  has  a 
mind  to  ctmie,  he  iiia\-  come  if  he  will ;  so  I 
sciit  tor  him ;  b«i  ihrre  were  none  of  those 
l^cntlemen  that  1  named  hcfurr,  that  I  sent  for. 

Mr.  Poilerfhi.  I  think  you  sav  that  you  went 
from  tlie  council- house,  and  allerwards  went 
into  the  haJ!,  and  there  you  were  snom,  and 
then  you  did  proceed  to  read  the  charter ;  pray, 
were  any  of  the  defendants,  or  which  of  them, 
in  the  hall  ? 

IViiiL  Sir,  I  told  you  that  Mr.  Gregory  and 
Mr.  Hutchinson  came  into  the  hall,  and  Mr. 
rharnell,  and  Mr.  Tuqiin  were  there  in  par- 
ticular. 

i\ I r.  Pi tffcrjrn .  \^  h.at  did  Mr.  G regory  and 
Mr.  Ifutchinson  do  there? 

Wiiii.  They  eauie,  Sir,  to  desire  me  to  go 
into  tile  council- house,  lor  the  o^entlemen  hud 
chosen  Greaves  ma^  ur,  and  desired  me  to  hear 
him  sworn. 

Mr.  Polfrxjen.  Was  Mr.  Sachcverell,  or  any 
there,  hut  those  that  vou  say  came  to  tell  you 
what  they  had  done  In  the  council-house  P 

Mr.  Hult.  Who  staid  Ix^hind  in  the  council- 
house.' 

II  i/d.    All  In  It  those  that  came  out  w  Iih  me 

Mr.  Jonts.  Prav,  to  satisfy  them,  tell  them 
how  far  the  couiiril- house  atid  the  hall  stand  at 
a  distance  :  how  far  asunder  iirr  they? 

IVUd.  But  just  over  the  diM>r  threshold  from 
one  atiuther. 

Mr.  Jrnrs.  \re  tlic\-  contitruous  to  one  ano- 
ther i»— »'////,  Yes,  Sir. 

■VIr.  Jt'nis.  Can  they  come  into  the  conncil- 
huHse,  but  liiey  must  ^u  throu<^h  the  h:il1? 

Wild.  No,  HO,  the}  n)ust  come  from  the 
hall  first,  unM  so  j^o  into  the  e^imcil-hou^e. 

Mr.  I*ulit  rf'nt.  \n\i  were  siH^akiiipf  of  some 
of  the  eompanv  that  had  swonfs  by  lli(  ir  sides. 

Wi/d.    Yt*s,  the  irciitK'nieu  had. 

Mr.  Sltinliopt:.    Did  you  r»bsfT\r  Mr.  Saclie- 


•T  went,  1  said  to  them,  Gentlemen, 
11  give  but  a  little  time,  the  charter 
ere  in  a  quarter  of  an  hour  or  less, 
pray  be  pleaaetl  to  stay  and  see  it  be- 
»»»,  for  1  tell  you  I  must  act  by  the 
«T,  and  not  by  the  (dd. 
'iikenM.  When  you  ordered  them  to 
claBiation  of  silence,  how  did  they 

They   were  as  tumultuous  as  ever 

MoKay.  If  you  have  any  thing"  more, 
rfull  knowledjje  of  it. 
My  lord,  I  did  jieri'eiie  a  s^reat  deal 
there  wiis  ;  I  knew  not  how  it  would 
I  Jay  t  ^''*  w-rrc  afraid  ot'lifing  knock- 
bead,  so  I  dispatched  a  messtMii^er  on 
to  inv  loni  duke  of  Newcastle,  that 
ilease  to  eonic  to  us  and  assist  us,  for 
we  were  in  a  preat  deal  of  dausjer. 
mme  to  us  on  Saturday  uig^ht,  and 
( till  we  i»erc  pretty  quiet  ai^ain. 
T.     W  bat  did  they  do  on  Saturday, 

lt«as  the  tlay  of  proclaiming  the 
iWe other  cross,  the  malt-ci-o.ss,  it  Le- 
the uiarki'i-day,  when  the  country 
Be  JO,  that  so  they  ma}'  be  satisfietl 
l^ofthc  t(»wn. 

i».    Did  tliry  proclaim  their  mayor 
MR/rf.  Y«'-s. 
Ur*  Ptay  speak  out,  and  tell  how 

Pray,  3Ir.  Mayor,  by  the 
r  of  your  corpora'tum,  is  the 
I  any  other  day  than  when  he 


Tfl^  the   no3it  day  at\er,  tf)  satisfy 
fejrvbo  are  mayor  and  slicrifl's  of  tlie 

L  Were  both  the  mayors  proclaimed 

•  Yes,  after  we  had  |)roclaime<i  our 
pNMDtl}  thci'<:r  raine  a  <^n-at  many 
•,aiMi  prorluiiued  their  msiyor. 
/.  Name  theiM  who  they  were  ? 
My  lord,  1  VI  as  not  so  near  tht-iu,  as 
Mieularly  who  they  w«:-r«* ;  hut  thry 
pibeir  bats,  and  luiide  a  i^^reat  noise  : 
»  CBoni^b  in  court  can  tell  i;t  ho  tla-^ 

nd7.  Pray,  Mr.  Mayor,  will  you  tell 
baM  authority  and  ilirection  this  a.s- 

wMiiea:'    ' 

litmfmm.  Sir,  he  asked  you  a  plain 
i^pmy  aiisivt-r  it;  by  whose  direction 
&BnUvcallett? 

FSr,  I  do  not  know ;  they  had  no 
|fa«Die. 

Ml.  la  it  nut  usual  to  mei't  of  c(Mirse, 
kMnaos,  ou  the  day  of  election  .'* 
vcr  tint  I  knew  of  without  sum- 

r  new  charter  not  ht-inj^  couu,  I 

iay  summons. 
Is  it  uot  usual  for  the  burf^csses 

tapSB  the  mayor  to  chund)  1* 

,  wie  that  ftre  summoned  i  hut 


vi.Tt'i]  ;ind  Mr.  Grejfory  had  their  svwjnls  by 
their  ."sides  .^  " 

Wild.  Yes,  to  the  best  of  my  knn\vh?dp^i' 
they  had. 

^it.  Stanhope,  To  the  JM.'St  of  you'  know- 
ledge ;  do  you  swrar  they  had  »u-  iio !' 

litcftrdti.  "^Voi.Id  you  have  him  .<;Mcar  be- 
yond his  knov.kd^e!' 

Mr.  Stnn/iupr.  lliid  Mr.  Plumptre  a  sword 
\^hr.u  hi-  cdiut'  fn>in  chiirrli  to  tht  hall  ? 

Wild.  I  sec  liiN  tiuM*  ninoii^-  the  rest,  but 
they  \*  err  so  many,  I  cannot  sjieak  particularly 
who  had  their  swonls  on,  and  who  not  ;  1  b<;- 
lievc  they  mit^ht  have  all  their  swords  ou. 


power  to  d«D«iid  it.  If  hm  bed  ftoy  ijy^hil 
lfi«re  WEM  m  ^roptr  plaoe  for  htm  to  a|i|4^  t 
it  wert  dcttinM  6«wi  iiiai* 

Mn  StanJtopf.    Mj  lord,  witli  wb 
uodeteUnd  no  such  f^«ai  saucmeiB  19  it,  1 
make  a  demand  of  an  entugn  of  olEce. 

L*  C  J,    But  I  say  it  was  iiaucy,  and  I  ( 
yoii  you  bad  be^u  saucy  if  you  bad  done  i 
far  every  man  that  meddles  out  of  his  |^ 
is  saucy :  you  may  carry  that  away  wtUi  1 
amonf^  y^iir  other  obeerratioDS,    Bw 
prickeared  fellow,  1  \i  ill  warrant  yottf  ] 
to  dispose  of  the  government.   Let  Mr,  i 
iuson  and  Mr.  Greg^uy  be  as  j 
wiU,  tbey  had  better  have  studied  to  bavi 
quiet,  and  meddltd  with  their  own 
And  I  win  tell  Mr.  Gregory  '  ad  co:? 
^  accedos  antoqutuu  vocena^'  is  a  rule» 
ought  to  be  observed  :  but  we  are  wouderfuJ 
ai'raid^  forsooth,  to  tell  our  minds :  no«  1 1 
you  it  waa  saucy,  and  if  you  bad  gooe 
tliat  errand,  you  had  been  vaiicy. 

Mr.  Siauhope^  It  may  be  1  abouM  Ha 
known  better  Uian  to  bate  gone  on  such  i 
errand. 

X,  C.  /.  So  you  would  have  done  well  to  i 
and  yuu  should  know  better  tbao  to  aak  1 
insignilicaut  impcilineut  questions  as  you  do. 
It  WHS  rety  saucy,  I  tell  you  ;  and  if  the  beat 
man  of  your  party  bad  gone,  it  had  been  aaucy. 
You  sliall  l.Liow  our  minds,  if  you  nut  us  upoct 
it^  because  )'0u  arc  so  bl^  of  it.     W«  i 


473        STATB  TRIALS,  36  CajitLKS  IT*  1 6$4.'-'Tnol  ^  ffm.  SbtlmmrM, 

L>  C.  J.  Pray,  Sir,  what  do  yoa  mcati  by 
ibat  question  ?  Plainptre  i^  nnt  Here  bsibre  ua, 

Mr.  Stanhope.    Ue  is  in  the  infonnation. 

X.C.J.  Youbadaagoodask  ifMr.  IVar- 
trea  was  there. 

Mr.  Stunhope.  My  lord,  he  said  be  was 
there,  and  bis  name  is  in  the  inform atiao. 

L.  C.  J.  Yoo  had  best  ask  ns,  whether  every 

mart  in  the  town  had  bis  sword  mi.     Let  us 

[   keep  tn  the  thing  befofi:  u^  and  not  aik  such 

h  impertinent  idle  qitemioosof  people  we  bare 

noihtn{2r  to  do  with. 

Mr,  Stanhope,  Is  3Ir.  Sacbererell  a  bnrgeas 
of  ill  e  town? 

Wild.  Yes,  he  was  a  burffeas  by  the  old 
charter  ;  but  though  he  was  a  ourgeas,  be  was 
not  one  of  the  fle<Jtors.  He  had  nothing  to  do 
tbere»  nor  Mr.  Gregory,  nor  Mr,  Plumptre. 

Mr,  t'uticr.    Who  are  the  electors? 

WtU.    The  electors  are  the  mayor,  alder- 
tni'o,  criioner«,  and  the  rest  of  the  '^uncil,  by 
'  both  charters,  and  so  he  had  nothing  to  do 
there* 

JuKt.  W'lfAtfna.  He  ^fas  not  concerned  in  the 
corporation,  but  ouly  a  gentleman  burgess. 

X.  C.  J.  How  long  Iiave  you  been  of  the 
counett  of  that  towni* 

Wild.  1  httie  been  there  o  great  wliifc,  a 
»  dozen  or  16  voare^' 

X.  C,J.  f lave  you  bf*en  prcaent  at  the  elec- 
tion ot  mr  e  that  tmiK  ^ 

Wild,    i  r 

X.  C  J    \V  '  '"^  persons  that  used  to 

conii^  10  dect  m  re  thut  lime? 

Uiid.  The  uim  riK^vor,  the  alcUrmcn,  the 
council,  the  coronerv,' and  (t^e  aberifla,  and 
those  thai  liav^  been  shcriflk 

X.  C.  J.  I>td  the  other  bnrgessca  nae  to 
CiimeT—Wiid,  No. 

X.  C.  J.  D*d  Mr,  Sapbcverell  and  Mr.  Gre- 
gory iiie  to  ap[ieajr  lor  the  election  of  mayors 
Eefure  that  tiine? 

Wildn  Mo,  my  lord,  they  had  no  bu^eas  ' 
there. 

Rewrder.    At  this  time  they  had,  it  seems. 

Wild,    They  made  il)em<;erfes  bunne^ 

Mr.  North.  Pray  swear  John  Malio.  [Wh'ch 
wusdone.] 

JSU.  i^tuHfiope.  Mr.  Wild,  praybepleaaedto 
tell  the  court  how  Mr.  Htttchinson  cxpresaed 
^  Ills  saucioe^s  lor  you  are  pleased  to  say,  he 
and  Mr,  Gregory  ^amt'  Kaucily  to  you  f 

Wild.  So  he  did,  fciir,  he  came  saucily  to 
t  demand  the  mace^  which  he  had  notfiiog  to  do 
[  wjibal. 

L.CJ.    IsMnHutcbinaonhere? 

HIt,  Stanhojte.    Yes,  be  i<:  did  he  demand 
It  hiniself,  |n  nyi  or  did  he  tell  yon  tlie  other 
,  &];ryor  demanded  it. 

Wild.    He  Lumc  to  demand  it. 

Mr.  Sinnhvpc,  Did  be  tell  you  from  whom 
he  cam*'  f 

Wild.   He  said  be  came  from  Mr.  Qreavea. 

Mr.  Stanhnpe:  Then  he  did  not  demand  it 
for  hunaeUi' 

X  C.  J.  And  if  Mr.  GrcaTes  had  demanded 
iti  be  bad  talked  naucily ;  lor  it  waa  not  in  bis 


to  3  fine  pass,  that  every  little  prickMiad&lloi^ 
must  crtnie  to  demand  maoes  ihit  are  the 
badi>^es  of  autborityp  and  they  miiat  net  b«  lutd, 
forsooth,  that  they  are  saucy. 

Mr.  North.  Fray,  Mr.  Malin,  will  TOU  gir* 
an  account  nhat  ^ou  know  of  this  matter  f 

Xn  C*  X  We  are  trying  people^s  rights  by 
club-ldw ;  but  by  grace  of  God  it  abaJltiot  be 
ao,  so  long  as  I  sit  here. 

Ma/in.    I  was  tlieu  KlveriflTat  that  tioie. 

X.  CX   What  time? 

Matin.  Tliti  time  of  the  riot,  on  Iktichsf?! 
day,     1  then  being  aherlif  went  out  to 
the  charter  that  was  «»ming  at  that  tin^, 
I  went  a <$  far  as  Leicester,  ami  came  back 
it  about  elef  en  o*c)ock,  on  neju-  as  1  can 
I  came  with  the  charter  on  the  one  aide 
that  brought  it»  and  another  that  is  ,_.  ,_^ 
with  ua  thatwc  left  tiebind,  on  the  other  sid( 
1  met  these  gttfitlemen  that  stand  in  thiai 
1  will  name  them  if  you  please. 

X.  C.X    Dow, 

M utw     Mr*  Serb evetel I ,  Mr.  Gregnnr< 
Hutehinson,  Mr.  John  Greaves,  Mr,  ^"^ 
Greater,    Hamuel    llichiinls,    Robert 
Fraacis  baluion.  Arthur  liiccardfl»  Rail 
net,  John  Hhernin,  Samuel  Smithj 
Trig,  WiUiom  8mith,  Joseph  AsHln,  and  Ni 
thaniel  Charnell ;  I  met  thefie  men. 

X.  C.  J    Where  did  you  meet  these  ti 

Matin.  At  the  ^te  called  Uye-8ni4th 
They  were  a-eoming  witli  a  great  many  m* 
and'l  suppose  they  went  before;  for  I  wi 
forward  to  Mr.  Mayor  by  the  new  cbivrter  m 
ly  the  old  charter  too,  and  I  piet  hiiu,  and  ~ 


TAIS  9ItMLS,'36€HARi/£8  II.  1664.— tfmf  others J^r  a  Riei..        (50 


larter  to  bun,  and  staid*  there,  and 
e  gentlemen  that  were  concernetl 

by  the  king's  uew  charter,  and 
m  theooe  to  the  Guildhall,  and 
fe  ireDt  into  the  council- bousp, 
i  were  in  the  council- house,  Mr. 
r  Mr.  Bdse,  as  town-clerk.  Tiiey 
len  to  churdi ;  I  was  one  that 
■8  eoncemed  in  the  new  charter, 
nan  mud  town -clerk.  1  went  for 
o  see  the  charter  read,  and  that 
e  them  sit  in  order,  in  that  man- 
BS  thej  had  used  to  do  before  in 
Ttmdy  to  go  to  the  election  in  the 
e  wa V  it  used  to  be  in,  by  the  old 
hmre  been  concerned  in  elections 
y  sijc  or  seven  years ;  but  f  never 
neineik  in  all  that  time  appear 
*  nsed  to  be  noiu;  but  the  uiayor, 

nnd  the  clothing.  Tliere  were 
gentleinen,  as  ever  I  saw,  and  I 
rearm  standing,  six  I  am  sure,  I 
,  but  only  one  gentleman  once, 
gentleman  that  alderman  Edge 
lee  the  formality,  a  gentleman 
rks*  Office,  as  1  remember.  This 
■oquainted  Mr.  Alderman  Edgt 
d,  but  lie  did  not  come  to  us'; 

after  we  had  sat  there  in  the 


,  ■««>«  gentlemen  came  with  a 
t  know  not  how  numv  hundred 
pi  when  they  saw  the  mayor 
mA  the  new  charter,  these  gcu- 
!.|D  Stir  ;  and  when  they  came  in, 
Hiee  such  a  bustle  of  those  that 
Ijio  there:  and  the  first  thing 
'  was  spoke  by  Mr.  SacheTerell, 
dMT,  for  1  saw  hitn  there ;  Wc 
dect  a  mayor  by  the  old  charter. 
^0r  then  to  them,  I  know  no  biisi- 
i  here  gcnth'uien,  any  at'  3'ou ; 
i  he  made  proclaniatioii,  and  told 
id  nothing  to  do  there,  au'l  he 
idung  to  ilo  witii  them.  So  then 
t  for  a  poll,  and  did  proceed  on 
'party  went,  and  one  or  two  of 
K  concerned  in  the  new  cliartcr, 
any  of  their  party.  There  was 
Mr.  Hardy,  that  gave  a  vote  for 
d  this  was  all.  Hut  they  would 
;  all ;  but  Mr;  Mayor  told  them 
winess  there,  and  ite  had  notliing 
b:  and  with  that  he  took  up  the 
■t  with  some  of  the  aldermen  into 
^nd  when  they  kuw  him  goint^ 
1^  to  cry  out,  and  he  had  iiuioh- 
itbey  were  so  busy  to  kt-oji  him 
4  as  they  laid  their  liai.ils  uiM>n 
lap  It,  tlie  serjt-aiit  got  uway  w  ith 
M  with  tlie  mayor.  7'luu  s.-iys 
■y.  Stop  the  hooki'.  ^tf'p  i\w 
Jj^M  several  tlme^.  \Vith  that 
la^af  the  C'jroriiik.  Mv.  Wool- 
||jiBaneoftht-b(>oks}  and  whethir 
p:;Pnlliof  or  tugging,  I  cannot 
of  the  books  were 


Mr.  Powis.  Then  what  was  done  as  to  the 
mace  that  belonged  to  you  as  sheriff? 

Malin.  I  was  crouded  out,  and  I  could  not 
lay  hands  on  m  v  mace ;  but  the  mace  lay  upon 
the  board,  and  was  left  there  among  them't 
and  I  was  cronded  out^  and  followed  Mr. 
Mayor,  for  there  was  no  quietness  there,  un- 
less you  would  stay  to  be  knocked  on  the  head. 

Mr.  Poaris,    What  became  of  the  mace  ? 

Malin.  I  sent  the  serjcant  for  it,  and  ha 
told  roe  he  demanded  it,  and  they  would  not 
let  him  have  it. 

L.  C.  J.  But  speak  your  own  knowledge, 
not  what  anotlicr  told  you. 

Malin,  I  came  in  at^nvards  there ;  when 
he  told  me  he  had  licen  there,  and  laid  his  hand 
upon  it,  and  they  rescued  it  from  him,  and  he 
could  not  hare  it,  I  went  in  myself,  and  de- 
manded the  mace  of  t!ie  gentlemen,  lliere 
was  31r.  Salmon,  Mr.  Ilichanis,  Mr.  Artliur 
UiccaiHl:j ;  there  were  four  of  them  tliat  told 
me  they  had  as  much  right  to  the  mace  as  1 
had.  Gentlemen,  says  I,  that  is  stnuige,  I  am 
by  your  charter  shcnd*  still,  there  is  no  body 
elected  in  my  room,  and  our  usual  way  is  to 
deliver  our  maces,  you  know,  in  another  plaoei 
and  not  to  rescue  them  away,  and  detam  them 
by  violence.  Likewise  the  mace  was  a  thing 
that  I  paid  for ;  I  was  so  mmdi  money  out  of 
l>ocket  upon  it ;  for  that  is  our  usual  irny,  it 
being  bought  lately,  every  sheriff  lays  down 
such  a  sum,  and  loses  10s.  by  it  at  the  year's 
end.  I  told  tliem  then,  too,  t  was  sheriff  by 
the  king's  new  grant,  and  therefore  tlie  mace 
belong^  to  me. 

]\Ir.  Powis.  'SVhst  is  that  Arthur  Hiccarda  ? 

Malin,   An  attorney  at  law. 

Mr.  Powis^  He  is  none  of  the  aldcnnen,  is 
he? — Malin.    No,  no. 

IVIr.  PoRis.     W  hat  is  Salmon  ? 

Malin.  Uc  is  a  feltmongcr,  or  a  glover ; 
he  makes  gloves. 

31  r.  Puuis:  What  had  he  to  do  there?  was 
he  one  of  the  aldermen  P 

Malin .  Ue  was  one  of  the  old  council.  And 
there  was  one  Bennet  too. 

3Ir.  Pouts.    What  is  Hiihards? 

Maim.  He  is  a  boukbiiidir.  He  was  on? 
of  the  old  Council.     Ho  ^us  coroner. 

]\Ir.  PozL'is.    What  did  you  say  of  Bennet? 

Malin.  lialph  Bennet  was  one  that  told  mt 
he  had  :is  much  right  to  the  inaec  as  1. 

Recorder.  ^Vcll,  go  on  to  what  was  done 
the  next  day,  the  market-da} ,  H;iturd.iy. 

Malin.  I  cannot  say  much  to  that ;  for  I 
was  with  Mr.  Mayor  making  proclaniatidn  ut 
tlioio  thut  ^vore  by  the  new  charier,  bin  1  iliJ 
not  see  thcin  juoclaim  any  thing. 

Htiurdi  r.  Was  you  by  when  pniclan^ation 
wu.s  made? 

Malin.  I  Was  by  wIk'u  wc  were  all  pro- 
t'laiuu'd,  but  not  wlicn  thry  A\ero ;  l>ut  then 

L.  C.  J.  Hnither.  let'bim  go  on  U*  tell  us 
what  happeneil  on  the  Friday. 

Malin.  Then  Mr.  Aldfrnian  Wild,  who  was 
the  mayor,  when  lie  came  out  themv.  went 
into  the^Guildhull,  wher«  then  were  abund^M 


SI]       STATE  TRIALS,  36  Charlks  II.  \6M.^Ttial  of  Wm.  SacUterett, 


of  hurgettes  j^atbered  togvCher  ;  aild  Beetngf 
them  80  unauiet,  he  was  tatmfyinff  thMi  at  iar 
"tt  be  coulii ;  says  he,  if  yon  Will  hear,  you 
sfiall  have  the  charter  reacf,  either  in-  English, 
erasitisinliitin,  anif  then  you  ^ilt  see  that 
none  of  your  privil^es  are  dimhiished  from 
you,  but  increasefl  rather :  and  he  was  about 
to  read  it,  and  shewed  the  broad  seal  to  them  ; 
when  in  comes  !flr.  Hutchinson  and  Mr.  Gre- 
Ijtiry^  td  desire,  or  request,  or  command,  or 
'^nmething-,  Mr.  Ma^'or  to  come  into  tlic  coun- 
cil-hnn^e  ;  I  bey  told  him  they  had  chosen 
Greaves  mayor,  and  he  ^vns  to  come  to  hear 
him  sworn.  With  that  the  bnrg^esses  that  had 
been  quieted  before,  and  was  so  civil  as  to 
hearken,  and  were   about  to  hear  the  new 


question,  I  can  tell  yon  the  resolution  and  opi< 
nion  of  all  the  judges  about  that  case.  Tbfrt 
is  Taw  for  recovering  everv  man's  ri^ht,  but 
club-law  is  not  the  way  to  determine  ni^it. 

Recorder.  Swear  Mr.  Rippon.  [Which  wa 
done.] 

L,  C.  J.  You^lcnow  what  liccame  of  mnM 
of  those  apprentices,  Mr.  Holt. 

Mr.  Jennings,  Mr.  Kippon,  pray  will  yoi 
tell  the  court  whaf  you  know  of  tiiis  riot  M 
Nottingham  ?  ' 

Rippon.  Upon  Michachnas-day,  lG82,abod 
eleven  o*clock,  the  charter  came  to  town;  1 
was  then  with  Mr.  Mayor,  Mr.  Wild,  M  Wi 
went  straight  axvay  to  the  hall  furtbwithi  nli 
desired  that  he  would  be  sworn  byMt 


we 
charter  read,  flung*  up  tlieir  hats,  and  crie«l  j  Beverly  that  was  steward.    No,  says  M^-j 
out.  No  new  Charter !  A  Greaves  mayor!  A    have  no  mind  to  it,  till  Mr.  £dge,  that  wi 


(■reaves  mayor !  Then  alderman  Parker  durst 
nut  stay  any  Ioniser ;  says  he,  f  will  not  stay 
to  be  Ibiocked  oh  the  head.  Then  every  one 
\vzM  fVighted,  and  tli«  mayor  took  np  the  mace 
and  ran  away. 

Recorder.  How  many  might  there  be  In 
the  hall? 

Malin.    I  believe  three  or  foor  hundred. 

■R^torder.  Did  they  restore  the  mace  to 
you? 

-  MMln*  Tliey  came  tbe  next  day,  and  would 
have  tendered' me  money  for  the  mace. 

Recorder.   What  did  you  say  to  them  T 
"     Maiin,    t  tokf  them,  i  knew  no  right  they 
hatF  to  tbe  mace,  and  I  would  take  no  money 
for  it.     It  was  one  Ray  ncr  that  came  and  ten- 
dcn'<l  mc  money  tor  it. 

Just.  Holluuay.  Pray,  8ir,  let  mc  ask  yon, 
in-the  electing  Ot  ^our  sheriffs,  do  the  lihcrifls 
return  the  mace  ;  or  can  any  body  require  the 
mace  betbre  the  gaol  is  turned  over  ? 

Mafin,  Yes,  my  lord,  the  gaol  may  not  be 
turned  mer  in  a  month ;  but  the  ensigns  of  au- 
thority are  dcltvere<l  to  tlusm  presently  after 
thov  are  swofh. 

Mr.  Jluif-.    Pray,  Mr.  Malin,  do  you  kn«)w 
which  of  these  defendants  were  there  at  that 
"thne  when' there  was  tossing  and  throwing  up 
of  their  caps,  as  you  say  ? 

Mat  in.  A  gr<«at  many  of  them  w<»rp  in  the 
cciuncil  house;  they  had  taken  that  room  to 
themselves,  -and  thrust  us  out,  and 


town*clerk,  came  to  do  it  according  %kt  li 
office ;  so' he  desired  mc  and  alderman  PlnM 
to  go  to  the  church  to  desire  him  to  conne  i 
do  his  office.  We  did  so,  and  spake  to  I 
Edge :  ^»avs  he,  if  they  will  please  to  Cf 
hither,  well  and  gi^ucl,  T  shall  nut  concern  m^ 
self  any  furtlicr.  Then ,  said  we,  will  y  mi  gm 
usthe  books  that  concern  us;  they  arelMi 
8ai«l  he,  what  would  you  have  more?  Nif 
said  I,  I  am  satisfied  ;  si>  we  came  away,  m 
soon  as  we  came  back  to  the  hall,  we  told  hkl 
the  message  that  Mr.  Eilge  had  sent ;  M  Ift 
Wymondsell  tilat  was  deputy  recorder,  ^IM 
rcailing  the  charter.  SSays  Mr.  Mayor,  if  y/m 
please,  i  will  be  sworn,  and  proceed  ttieleetMHi 
Presently  comes  a  great  compsiiy,  Mr.  *" 
vercll,  Mr.  Hutchinson,  and  a  great  i 
you  please  to  give  me  leave  to  lo<ik  apdn  ■; 
|Niper  I  can  tcU  you  ;  there  was  Wm.  SMli 
verell,  esq.  George  Gregory,  esq.  CkflA 
Hutchinson,  esq.  John  Greaves,  gent.  Wfliiti 
Greaves,  gent.  Samuel  Richards,  gent.  RoM 
Green,  gent.  Fraticis  Salmon,  gent.  Ai^ 
Uiccard*),  gent.  Ralph  Rennet,  gent.  Jah 
Shervin,  gent.  Wm.  Wilson  ;  I  do  not  kiMJ 
I  must  beg  your  ]mrdou,  I  cannot  speak  pn 
(icniarly  to  him  ;  Samuel  SSmitli,  Thus.  Tn|M 
Richard'  8mhh,  John  Hoe,  William  9am 
Joseph  Turpin,  gent.  Nath.  Chaniell :  I  cill 
not  say  anything  of  JIuinphry  Barker,  bl 
.  there  was  Joseph  Astlin,  tayUir.  lliese  ^ 
demon  cnme  ni  with  swords  by  their  wdtk 


raidfltfv 
Ir.RM 

"sia^ 

\  saiflOTl 
fn?  8MI 
nbv«i 


non«  of j 
thrni  ranie  into  the  hall  hiU  Mr.  Hiitchinsnn  i  Kcvcral  cf  them  really  to  the  terriiyin^  of  tlM| 
and   5Tr.  Gregory ;   and  the  burgesses  wen*  i  that  w«»rr  ihrrr ;  I  was  very  much  alraid  "^ 
very  quiet  till'thoy  came  and  domaiulcil  .^Ir.    srlf.    So  .Mr.  Mayor  looked  npon  Mr.  T 
Wild  to  cnme  and  hear  their  ma3-or  sworn.  '  '       .-     *..         .  *?  •__    —mi 

Mr.  //cl/^    How  long  did  Mr.  Gregory  and 
Mr.  Hutchinson  stay  in  the  hall  .^ 

?%To.Hn'.    I  do  notlcnow ;  they  staid  so  lon.- 
as  to  demand  the  mayor  to  come. 

Mr.  lloH»  Did  they  carry  thcuisrlves  pmri»- 
^l»l  V  and  civilly  wliile  they  were  there  ?  j 

i..  C.  J.  W  hat  had  they  to  do  there  ?  I  ask  j 
jfitr-tSnt,  Mr.  Holt;  and  ii»  case  you  have  a 
\uvu\  iv)  have  some  qtirstior.s  asked  and  an- 
swiTCil,  I  will  |Hit  you  in  mind  of  a  case  of  a 
part'f'l  of  a|ipreiitices  in  l^cmdon,  that  were  rod 
toiji'ther  about  nulling  down  some  houses  in  I 
"M^JHields  r  cinvin  case  you  n<!:k  mc  another 


and,  says  he,  Mr.  Alderman  K<lge,  will 
tnki  tin*  cliartor,  and  n»ad  it,  for  the  sati 
fi'»n  i>f  yourself  and  thefse  gentlemen?  I 
Xr.  Kiige,  I  do  not  know  what  1  am  by 
rlmrtrr,  wheihcr  I  am  any  thing  or  Ml; 
know  what  I  am  by  the  old  charter.  Sll^ 
>Ir.  Sachever«=n,  that  is  not  our  hnsinem^ 

1  prr*i  nr,  wo  ronio  to  tKnrt  a  mayor  by  the 
ch;.r:rr;  and  verj*  hot  they  were,  and  Cta 
om  Toelection,  To  eU»ctio!i,  Sahnon  audit* 
frli<n\3 ;  so  tliat  Mr.  Mayor  could  not  be  hr 

[  and  to  election  they  went;  and  I  asked 
Wild,  who  was  then  mayor,  who  he  was 
S  ly ;  he,  I  do  not  uu'lcrstand  by  what  mi 


STATE  TRIALS,  36 CHAftLBS  II.  xS^.-^and  oihenjcr  a  Riot. 


[S4 


■wttftbeic  gentlemen  come  here:  tbejr 
[dudeil  by  die  old  charter,  and  J  think  it 
hMter  Hmr  you  to  be  elsewhere :  tlicy  then 
who  be  was  for  ?  Says  he,  1  ani  for  none : 
bcT  asked  aldemuoi  Parker,  and  he  said 
■e ;  and  when  we  tee  they  would  have  do- 
tee  but  that,  we  witlidrew  into  tho  hall, 
dl  upon  swearins  tbe.dfiiyor.  >Ve  swore 
■d  just  fiottbed  Uie  oath,  and  the  people 
rcry  silent,  aod  be  drew  out  the  cliarter, 
Mwed  the  broad-seal,  and  sold,  Here  is 

7f 's  new  charter,  1  aia  very  confident 
jour  immunities  and  your  |irivUcges 
i«  AetirivcMl  of:  and  there  bein^  some 
Mir,  said  I,  pray  be  quiet  and  silent, 
jan  bcaar  it  read  ;  at  last  they  were  very 
sad  qnieC,  and  we  thought  it  would  have 
» very  lair  business ;  when  in  comes  Mr. 
I  and  Mr.  Gregory,  to  tell  Air. 
I  tliey  desired  Ids  company,  as  the 
IS,  to  be  at  the  swearinp^  o1^  Mr. 
Mg  nay ur,  for  so  the  old  mayor  oiij^lit  to 
dse  be  is  no  mayor,  unless  ho  be  sworn 
ipneedio^  mayor.  Says  he,  I  have  no- 
li say  to  iiim,  1  know  no  mayor  tiiat  he 
Kara  about  our  own  business,  obeviiij|>f 
m^%  authority  and  his  charter,  'fhis 
•jnoner  said,  but  they  had  animated  the 
Mieaf  people  that  were  there,  that  they 
|l|lbeir  hats  in  a  very  irreverent  uusturc, 
\.^mm  saw  tbe  like,  shouting^  and  cryiaj;^ 
Jb  MS  Charter!  A  Greaves  mayor!  I 
in  Is  secure  the  charter ;  and  a  larreu- 
Mtfent  that  I  had  on,  was  all  rubbeil  to 

Kma  the  charter,  and  I  had  muoh*ailo 
L  Mv  brother  Parker  he  was  so  afraid, 
(Mr liie bench ;  Prithee,  said  I,  stay; 
PfeUf  tliey  dare  not  do  these  thinirs; 
ti^  I  am  afraid  of  my  life,  and  fare  you 
»  Mr.  Mayor  biid  I'sat  a- while,  tor  we 
ristwbicU'  way  to  take,  but  at  ia«a  we  got 
ribvBs^  tlictu  :  but  if  i  touched  ground, 
41  Bu^ht  ii«:%-er  seezny  wile  again. 
CL  y.  Now  n  licther  that  be  a  curse  that 
byert  upon  thyself  or  no,  I  cannot  tell. 
ff9m.  Had  you  been  tliere,  Sir,  }  ou  would 
btca  afraid  "too. 

Mivdtr.  Pray  speak  that  ugai'i. 
fipsa.  I  say  again,  when  1  went  away 
I  with  31  r.  Mayor,  I  did  not  touch  tlie 
li  fcr  c-ijifht  or*nine  yards  togethtT  *,  fur 
vaa'd  not  make  way,  and  tliey  pulleil 
f  te  ipown,  several  of  tlM-m  ;  and  if  any 
sAs  bad  been  there,  he  would  have  been 

bfiavii.    How  long  ilid  they  continue  the 

biM.  So,  Sir,  we  got  straight  away  to 

HiiSt  bouse,  thai  was  then  mayor,  and 

HlRmr  him  accordiogly  as  ilie  usual  way 

t^  the  charter  iui|iowGred  us,  as  31  r. 

isstt  tokl  ua,  that  we  niiglit  tlect  any 

4i  we  fell  to  tlie  businei^  of  the  duy, 

■lline  we  had  three  partfei  <loue,  tlicy 

%  aad  prodainied  their  mii^or:  but 

i^espt  and  send  Mr.  Hutchinson,  nnd 

|Hjrv  MtfiMici  lUcbwds,  and  .Vtthur 


Riccards,  to  demand  the  great  mace  for  Mr. 
Greaves,  as  be  was  mayor :  Said  Mr.  ^Vikl, 
whatHhalll  do?  Wliy,j«ud  I,  go  douuaitf^ 
give  th^m  their  auawer ;  tell  them  they  are 
saucy  fellows  to  do  any  such  thing :  Says  bo, 
they  are  gentlemen ;  why  then,  said  1.  tcJi 
thcin  they  might  know  lietter  tlian  to  uo  so. 
So  he  went  down  and  told  them ;  said  he,  I 
received  it  by  good  authority,  and  will  never 
part  with  it,  but  to  as  good  an  authority  as. I 
received  it.  8o  we  staid,  and  went  on  and  did  tlie 
business  of  the  day  ;  and  afterwards,  between 
Hve  and  six  o'clock,  we  went  to  tbe  cross, 
anil  ihere  proclaimeil  the  mayor  by  the  nen^ 
charter,  according  to  the  custpin^  9iul  xetuiiied 
e\ery  one  to  our  own  houses.  The  uejLt  day 
we  were  atraid  of  making  a  disturbance ;  hut 
about  nine  o'clock  we  went  and  proclaipied  the 
mayor,  and  about  eleven  there  cfiine  all  th'eso 
gentlemen,  and  there  they  proclaiiiicd'.SIr. 
Greaves  mayor,  which  was  upon  the  Ha^unfay , 
accompanied  by  uU  these  persons,  as  bear  as  I 
can  say. 

Mr.'Porif.  Was  Mr.  Sacheverell  there  then  ? 

lUppon,    Yes- 

Mr.  PtfWM.    Were  all  the  rest  there  ? 

liifipou.  To  tlie  bestof  my  knowledge  they 
were. 

3rr.  UolL  Can  von  say  Mr.  SadieveMO  was 
ihcreY^^.liippnn.  Vea,l[ewa^. 

Mr.lIoU,    Who  was  there? 

liippon.  Tliere  wa»  tlw  two  Greaves^  and 
Green,  and  Uichard;:,  ami  Bennet.. 

31  r.  Uoli,   l>id  yoM  see  tbeui  there  ? 

Rippou.    Yes,  fdid, 

Recorder.  HioiMHi,  pray  will  you  recollect 
yourself,  and  ten  the  court  who  was  there  on 
the  Saturday  i* 

Ripfou,    Mr.  Sacheverell,  Wm.  Greaves, 
John  Greavesyi^mui*]  Hichards,  Salmon,  Ar* 
I  thur  Uiccards,  Halph  Bcnnet,  John  Shu  vvia^ 
.  W  iliiam  Wilson. 

Rtcordtr.    Was  Wilson  there? 

Rippoiu    Yes,  1  bue  hint  myself. 

Recorder,    W  hut,  it  juicing  J 

RJppon.  Yes,  he  u;ib  rejoicing  as  the  rest 
did,  to  the  terrifying  of  us  ull. 

Recorder,    \V  as  he  in  the  croud  ? 

Rippon,    Yes. 

Mr.  A^orth.  Will  you  ask  bim  any  thing, 
gentlemen  ? 

Riupou.  1  know  nothing,  if  it  please  your 
lonlsnip. 

Mr.  Uoli.  Pray,  Sir,  this  ^  can  \ou  klv  that 
Mr.  Sacheverell  liad  his  sword  on,  on  Michael- 
nras-day  ? 

Rippun.    Yes,  certainly  he  had  one  on. 

."^Ir.  HoU.  Can  you  take  it  upon  your  oath 
he  .had  Y 

RipjMn.  Nay,  there  w  ill  he  several  th;it  w  ili 
sweai'  it,  I  will  warrant  you ;  and  1  am  sure 
you  would  have  been  airaid  if  you  had  been 
there. 

L.  C.  J,  Were  Mr.  HuU-.hinson,  or  Mr.  Gi-e^ 
gory,  burgesses,  eitht-r  by  the  new  or  old 
cliartcr  ? — Rippon.  No,  they  were  not. 

L.  C.  J.    nere  Mr.  Sacheverell,  Oiid  any  of 


55 j       STATE  TRIALS,  36  Charles  II.  l6U.~Trwl  if  Wm.  SadUverell.        [5ft 


these  gentlemen  ever  present  at  any  other  dec-  j 
tion?  • 

Rippon,  It  is  pOHuble,  after  tlio  election  is 
over,  they  might  invite  ^rentlemen  to  feast  at 
their  houses,  but  never  to'  have  any  concern  in 
the  electi<in  in  the  least. 

L.  C.  J,  How  many  elections  have  you  bqen 
present  at  ? 

Rippon.  I  came  into  the  council  at  the 
kins;f*s  coming-in,  and  I  have  been  alderman 
live  or  si.x  years. 

Mr.  rowis.    He  came  in  by  the  rcgnlation. 

Mr.  FolUjcJen,  Pray,  whereabouts  wai  it 
the  mayor  ivas  sworn  ? 

Rippon,    At  his  own  house. 

Mr.  PolUxfeiu  Whereabouts  were  the  she- 
rifls  sworn  ? — Rippon.  What  theriflfs  ? 

Mr.  Pollexfcn,  Malin,  the  witness  tliat  was 
before. 

L.C.J.    He  was  the  old  sheriff. 

Mr.  Holi.  And  where  were  the  new  sheriffs 
sworn  ? — Rippon,  At  the  mayor's  house. 

Air.  VoUexfen,  Was  Mr,  Malin  sheriff  by 
the  new  charter? 

Mr.  lioU,  Was  it  before  tlie  election  of  Mr. 
Greaves  mayor,  or  after  ? — Rippon.  Afler. 

Mr.  Pollexfcn,  Was  Mr.  Malin  by  the  old 
charter,  or  by  the  new,  sheriff? 

Rippon.    BytheoM. 

Mr.  PolUitfen.  And  not  by  the  new  ? 

Rippon.    No. 

Mr.  Pollex/en,  He  says  he  was,  and  you 
aay  he  was  not. 

Rippon,  Vfir  that  day  he  was  so,  but  then 
he  went  out. 

Mr.  Polliwfcn.  Did  the  mayor  return  to  tiie 
hall  afler  he  was  sworn,  or  after  you  left  the 
hall  in  the  fri^^ht  ? 

Rippon.  We  went  straight  to  Air.  Wild*s 
before  h^  was  sworn,  and  then  wo  sworu  him 
there. 

Air.  Pollexthi.  But  the  oucstion  asked  you 
is,  Did  Mr.  Wild  return  bac-K  to  tlie  hall  aVter 
he  had  taken  his  oath,  and  was  sworn  in  his 
house? 

Ripwn,  No,-  he  staid  in  his  house ;  it  is  not 
usual  for  the  mayor  to  fo  buck  to  the  hall. 

Mr.  Pol  lex  fen.  Did  he  go  to  the  cross  after- 
wards?— Rippon.  Yes. 

X.  C.  J.  It  was  on  Alichael mas-day  that  he 
was  swon) ;  and  ft  was  by  their  proelaination 
made  at  tlie  cross,  tliat  he  was  sworn  mayor 
that  day  ?^Rippon.  Yes,  my  lord. 

L.  C.  J.  And  was  it  the  day  atler  that  they 
proclaimed  (i reaves  to  be  mayor  ? 

Rippon.  Yi>s,  my  lord  ;  it  is  true,  to  the 
terror  of  us  all :  I  will  assure  yuu  it  i^as  a 
wonder  there  was  no  more  misrhrof  done. 

Mr.  Pollexfcn.  These  g[enticmcn  wei-e  i:otin 
town  that  day* 

L.  C.  J.  Take  you  your  liberty  to  make 
your  defence  jit\erwiards ;  but  you  must  distin- 
(fuisb,  there  are  two  days,  and  some  jMiople 
were  one  day,  and  some  the  other }  some  peo- 
ple were  at  the- time  of  the  election,  that  were 
not  at  the  market-plaoe ;  and  sonic  were  at  the 
auurket-filaoe,  that  wore  not  at  the  Section. 


3u9t.  Hollnwvy.  That  day  Greaves  was  thai 
chosen  mayor  in  that  tumultoous  manner,  dU 
any  of  these  persons  take  npon  them  to  sweir 
Greaves,  when  they  bad  tbus  chosen  hira  ? 

Rippon.  We  went  out  into  the  hall,  and  i^ 
that  time  ihey  did  swear  him. 

Recorder,  Was  Mr.  Greaves  sworn  thai  day 
by  the  pretended  election,  Alaliii  ? 

Malin.    Yes,  by  the  coroner. 

L.  C.  J.  But  1  perceive  by  their  old  chartei', 
there  was  no  mayor  to  he  sworn,  but  byte 
old  mayor  that  went  out. 

Mr.  Stanhope.  Did  not  the  coroner  use  l| 
swear  the  mayor  by  the  old  charter  f 

Rippon.  Yes,  but  in  the  presence  of  the 
new  mayor ;  he  was  by  always. 

L.  C.  J.  What  do  you  mean  by  sweariM 
of  him  by  the  coroner  r  Hsrk  you,  u|M>n  yoil 
oath,  was  there  ei  er  any  mayor  of  Nottingmu^ 
in  your  time,  sworn  but  in  the  presence  of  the 
old  mayor?— R{;);)on.  No,  never,  roy  lord. 

L.  C.'J.  Do  you  call  that  swearing,  becatse 
he  reads  the  oath  to  him  ? 

Air.  Holt.  The  coroner  has  authority  « te 
do,  as  we  shall  shew  you  hy-and-liy. 

Mr.  Poaris.  Then  swear  Ileynolds.  [Whidi 
was  done.] 

Reynom,  I  brought  down  the  charter,  my 
lord. 

Recorder.  1  would  ask  Rippon  a  qucstXHi 
before  he  goes  ont :  Let  us  know  of  you  when 
the  old  mayor  was  sworn  by  virtue  ot'  the  new 
charier? 

Rippon.  I  cannot  tell  that ;  the  mfw  mayor 
was  sworn  by  the  new  charter,  at  the  old 
mayor's  house. 

Recjrder.  The  other  two  witnesses  did 
swear,  that  the  olil  mayor  was  sworn  in  the 
hail ;  bnt  he  says  he  was  by,  when  the  new 
mayor  was  sworn  in  the  old  mayor's  house. 

L.  C.  J.  it  is  understood  upon  the  receipt 
of  the  charter,  Wild,  \tlio  was  the  present 
mayor,  was  sworn  in  the  hall ;  hut  aflerwards» 


by  reason  of  the  hurly •'burly,  and  noise,  they 
went  away,  and  chose  the  new  mayor  at  Wild* 
house ;  tnat  is  tlie  fact  that  is  sworn. 


Recorder.    It  is  right,  my  lord. 

Pmiit.  I'ray,  lleynolds,'  will  you  tell  my 
lonl  the  whole  story  *,  for  you  it  seems  brougrfai 
the  charter  down. 

Remolds.  Aly  lord,  I  brought  the  cbazler 
fnmi  London  ;  and  when  \  brought  the  charter, 
I  was  sent  by  Air.  Alayor,  to  acquaint  Mr. 
Edge,  that  the  chart er*^  was  come,  and  this 
mayor  desired  him  to  come  and  hear  it  rnd ; 
Air.  Kdj.'-e  asked  if  the  mayor  would  not  come 
to  cluireh  ;  1  told  him  he  was  at  the  tow»- 
hall.  When  wo  came  to  the  council-house, 
proceeding  to  have  the  charter  read,  and  all 
those  things,  Air.  Sacheverell,  and  a  gresl 
many  others,  came  to  the  cmmcil-house  ;  and 
there  the  mayor  offered  to  Air.  Bigland  the 
new  rhaiier,  that  if  he  would,  he  mi  jht  read 
it.  Air.  Suchevercll,  af>er  sonic  little  discourse, 
told  liiui  that  was  not  their  business,  they  were 
cpme  to  elei:t  a  mayor  by  tbc  old  cliarter: 
8ays  Air,  Mayor,  1  do  M  know  any  authority 


STATE  TRIALS^  SS  CH4tLE$  TL  l6%JL^snd  othert.f^r  a  Rwt  [^8 

of  4  pafi>ol«inatioi 


nirvor  *  8iV9  lie  to  me. 


OKxi  aM  Mr.  ^iid  3ir. 

BAaitjr.  came  bit*  md  there 

iMlhvlkarifcflBes  that  were  mct^  ibat  tUe  king 
hbA  gntnlrd  th^^m  :i  niTW  rliartev,  atiri  there 
vaio«ne  of  'unbheJ;  and 

If  Ib^v  «ri>ui«.  ireadiaEng* 

M  or  iQ  L^Uii.  I'h^n  tl^cv  went  to  nwear 
Mr,  Aldennan  Wild,  acwinling  to  the  new 
MHO.  Presgpftly  Mr,  Htitchinton  and  Bilr, 
Wgiry  c^i>e  itt,  qh4  t<v|d  bim  lUey  bad  eled^ 
Ml  Wr.  CifOBfes  mavnr,  and  if  he  would,  he 
M»e  &n4  hear  him  swurn  :  be  said,  he 
I  aulhtint^'  they  hnd  tor  it,  and  denied 
mnt  •OcH   etriMiun.      Thoti   there  wei^  siioh 

Ini  1L  new 

iaft  Iti  MC«   vTan    jiroclumied    divers 

VPDK  no  bearing  him  speak  : 

U<^  mmirued  tbu  eotuu   ^^^  ^e 

:  to  ihe  nrai'tr'-i   !K»ti»e.   and  theie  they 

•P  tbe  tJ'  I'lady^   «inri  tie 

ni  tea  oji  '  eiif 

Charier!  ?l«*n'^'v^  or! 

A6raiiP€*ai*yi>i  tm:  .,.  *.  .>ii,»...u»  .  .^.^n-, 
ia^f ♦  a  C*^6<^  many  of  tliL'm  wenv  ii»  firt^^rkiim 
bim  «t  tb«  cniss  agiiiu,  atnong  the  i< -^t  Mr 

Was  <  irej^ory  there  toa  ? 
Yf*,  I  think*  so. 
Did  voo  make  (jroelamation  at 
plmU,  ior  uJl  to  doport  that  had  no 

Ste^mmtik.    At  the  council- house  I  did,  be* 
^m^emmti  m  the  common- hall. 

00  yon  remember »» ho  wa»  there? 
Blr.  Saclieverell  and   Girjfory^ 

fc;  J(M«i.    Did  thi-y  continue  there  ? 

H'  Ihd  Mr.  Sache^ereli  make 

1  I .  I  re  was  a  g^wat  tioU«  in  the  hall, 
llnl  vfMi  Uk'ikt  .wy  things  oun- 


K.' 

ereU  ary  out, 

^blMoks!  Ntay  the  hook« 

! 

mt^Ur.    IV  bat  booka  did  he  nkean  f 

l^nofd^.    Tlivy  Mtre  «ome 

of  the  books 

"    ',         "    .;  ^ 

^Nr^' 

1  U(  ar  id'. 

l^liu  i^.      \^ 

Hit  ibeir 

^vio  iltnnari 

^k/(/r.    Vrv 

ni-^ory^aml 

^KvtchH'^-"' 

^ -"•'*!  to  df- 

i  tkir  tu 

\  ho  sent 

as  ilw) 

cmoif  liad  ftcui  ih 

yor  that 

Mr.  Uoti,   Yott  apadt 
where  wua  it  ? 

Rtynofdf.  Ye««  I  did  make  pfoctamal ion  i 
ttie  eotlneU-hutise,  iw  bid  all  depart  that  liod  i 
business. 

Ju&t.  IfltMfiu,  How  fsatne  yon  10  make  till 
(Kroclatnetion  ?  ' 

Ihynotds.   The  msy^r  brrf  me,  aa^  I  did  i 

M^,Holi*    Wast  swMntbeit? 

HciftwltU*  It  was  i  ,  thing  wtm^ 

Mr.  Holt.  Was  it  beture  iic  was  sworn  up 
tlie  new  obarter,  upon  your  oath  ? 

Reyrifdda,    it  waa  in  the  council- ha  use. 

Hccot'ticr,    It  was  when  yon  wert*  t'ryin^  tig 
your  f'      '      mayor. 

ft  I  \  ftenirarda,  did  y  oti  obaerre  i 

beuiiiii.  .l.v  lu.n^le  at  afny  titue  af^warthP 

Htconter*  Swt^r  alderman  Parker.  [Wbidil 
was  done.] 

Mr.  Jones.    Are  yOii  sirorU|  Sir  f 

Parker.    Yes,  ' 

Mr.  Jonet,    Wbyr,  liioti,  will  you  please  i 

five  niy  lord  and  jur}'  an  accoucit  of  nhat  joq 
now  of  this  matter  f 

Parker.    At  Michaettnas-day  waa  twtire 
month »  I  t4ime  to  Mr.  Gorras  Wild's  bona 
who  Was  then  mayor.    It  waa  about  1 1  o'< 
that  1  was  there'.     There  were  a  great  i 
met  that  used  to  meet  that  day,  in  otdar  t»  t 
choosing  oi^  a  i  (>r«  lyid  there  were  i 

i^rcM  many  oti  r  mayor  did  not  kn 

of  their  roiDini^  ...m  ,  J»>v  he  gave  no  i  ' 
he  saiit,  for  tKivf^rdl  ot*  them  that  uame,  to  i 
pcBT  there,  They  did  iniporttinc  bim 
much  to  he  gone,  In  order  to  the  electioo  of  1 
mayor,  ^aid  I  tn  the  mayor,  w©  do  expert  m^ 
charter,  and  if  wc  should  g^  on  to  tbe  choaaioff 
or  a  mayor,  we  hhouM  he  all  m  confufMon.  So 
after  a  white,  ihe  diiwlif  |>arty  witbdMir 
ont  of  tbe  bouse.  Some  gnrtlemcn,  ttijvtttit, 
met  with  them^  and  went  forward  towards  I 
'  Mary 'a  chiiroh.  Immediately  alter  cainet 
charter  down  by  bim  that  was  last  «woni.  We  ' 
were  sent  up  In  the  churvh  to  dmire  aldomttci 
Filife,  that  was  the  town- clerk,  to  como  nud 
riad  the  rharler,  and  to  let  o»  know  bow  wq 
were  to  procwd  in  relation  to  the  work  of  Ibe 
day.  He  i^uid  \w  woiiid  not  come.  Altorwarda 
we  went  to  the  to\^"-^5»iT  into  tbe  < 
chamber;  and  alW  time>  siiyalfffij 

Mayor  to  nie»  broths  ,  I  would  dea" 

you  and  Mi%  BipfKm,  and  Mr.  Siherilf  MatiO^ 
to  go  up  to  tlie  cburrb,  and  desitr  and  cont-' 
nuind  my  brother  Edge  to  etmt  ib«ni«  and 
assiat  tia  in  tbia  buainais ;  ao  w^tbdvo  «ip  aod 
apake  to  my  brother  Kdg^;  said  I,  Mr.  Mayor 
desires  you  to  come  down^  the  ebarti-r  i«  ©onto, 
and  be  would  l  i  oaie  and  n  ^rl . 

said  It  if  Mr.  ^  ;ljmd,  and 

mnii  fir*<»ves  v^in  <io  w    tknvn,  tliry    umy  ue  ' 
jwiljstVd  ihfvf  ih  a  ehnri>  r,  atid  wc  cannot  act 
r''       ■    T   than   hy   ''    *      '  Mtlrrman 

I  ,  He  kiu'  ?rt1er, 

I    ,1.. ;  he  was  by  ,, ■  ,  i--    ^ml  mt 

know  of  auy  new  one.  niul  would  act  by  tlia 
old  charter,  and  not  b}*  the  new  cme.  Vl*lfaa 
we  (yanie  down  to  9/fit^  A^fayar,«ai4 1^^  y»T 


59]        STATli  TRIALS,  ;)o  ChaAles  II*  i6U.~Tnttl  of  IVm.  SgehtvcrtU,        [| 


th«r£«l(:re  nil)  not  come  dawn  among  you ; 
ticr«  V9  tfc  f»pecittl  commijtsitfn  In  Uie  cfaorter  di< 
r^i^tctt  lo  tWr  at*  us,  or  /luy  two  of  them ^  to 
«wair  you  iiiay«»r ;  wc  must  do  that  the  fiii»t 
th^og  w€  iJo,  ind  go  forward  in  tliat^  for  wc 
rah  t*'»  nfvthing  till  you  arc  sworn  mnyor.  By 
ti  les  down  a  ^ eat  man <  Mr. 

\  1  :  eat es,  my  hi  oi bcr  E <  I  l_  x che  • 

Tertii:  it  you  please,  I  \%\l\  to<ik  iii  my  paper, 
and  read  tlicir  uamcsi  that  1  nioy  be  mor^ 


I,  C  J*  Ay,  look  upon  yourfiapcr,  to  tc- 
frc^i  your  memory. 

Fc/rAfr.  There"  waa  SjichcTeHl,  Or^ory% 
lIulchiQsoit,  the  two  GreaT&i*H,  HainuH  Ricfi- 
afds,  Hobert  Ct reen,  Salmon^  Arthtu^  Uiccard«, 
John  Shcrwin^  Ralph  Bennet,  aud  Wilson,  the 
rector  of  fck-  Petal's ■ 

Recorder.    Mas  iic  there? 

Parker.  Yes;  Sajnupl  Hmith,  Rd.  Smith* 
fng^.  Hoc,  Uarkcr,  Charuell. 

£,  C*  X    M  as  Barker  there  ' 

Parktr.    Ycs^  1  bairt  bis  luiuie  dowo  io  this 

10* C.J.  WeJI,ffoon. 

Pmrker.  First  they  forced  iuto  the  coundl- 
ouae,  and  forced  us  out :  so  I  loki  Mr.  Sache- 

fill,  said  I,  vnu  hare  nothin;;^  to  do  here. 

lUeofder,   What  said  he  ? 

Parktr.    Said  he,  I  bare  lo  do  licre^  1  am 

aeerned  if  I  am  a  burc^ess.  Said  1,  no  hur- 
I  acts  here  but  a  gowa-nuin ;  for  it  is  only 
mayor,  alderuien,  and  duthirig'  that  ane 
cotiC€rmHi  in  the  election,  and  %vts  nei-er  have 
aov  gentlemen  among  oa. 

Mr.  Poai*.  Did  they  behave  themseWe^so, 
\  that  you  were  afraid  of  tiiiik:bief  ? 

Parker.  8aid  I  tof>omeof  our  fiiendtif  g^n- 
'  tlemen,  take  the  mayor*a  mace  into  your  hands, 
for  they  were  tor  M^izing-  the  great  mace  that 
bdongito  the  mayor.  Anr  '  '  fake  care 
of  the  books.    8aid  lVlr.8.  Stop  the 

books.  There  was  coroner  /t  vjnu'U^i*  taking 
them  in  hts  bands.  8»id  I,  take  noiic^e  who 
dares  lake  the  books ;  and  said  i  to  Mr.  Sache- 
verellf  you  have  notliiug  to  do  with  the  books, 
the  boots  belotig  to  ut.  isays  he,  take  notice, 
I  will-^in  a  menacing  way,  and  then  heUl  bis 
tongue.  Said  I,  I  am  sorry  to  see  things  here 
this  day  :  1  have  been  a  member  of  the  corpo- 
ration, and  been  present  at  these  elections  for 
18  years,  and  J  uaver  see  such  a  thing  as  this; 
and*  said  I,  I  profess  I  couLd  abnost  cry  lo  see 
these  diiisenti on s  made  iimoti^  ua.  Said  I,  I 
must  go,  being  one  of  those  Uiat  was  in  coxn- 
nusaion  to  swear  the  mayor*  my  brotljei  HaJl 
is  not  here,  and  my  brother  Edge  is  ^vith  theni ; 
*'"  tbcy  keep  me  here,  tlie  mayor  cannot  he 
lorn ;  so  I  puhcd  off  my  gown,  and  at  lant 
i^^v  bue  I  waa  resolved  to  go,  with 
h'  A  Clouding   I   got   through.     But 

M  !  nor  way  swuru,  said  f,  you  muKt 

now  :i  r,  and  give  ontiT  tor  tlie  peo- 

ple to  <  <^  tie  dicb     Sayii  he,  will  you 

itayi  No,  Hiikfl  1,  1  dare  sluy  no  k»ngc;r;  the 
rmle  ttrt»  bnoyea  up  to  liiat  Iteiglil,  tbut  I 
am  afnud  we  abaH  bid  knockod  ua  the  be;id. 


Sol  went  to  my  bioltier  Hairs,  and  I  aaid  j 
his  wife,  stster,  citJicr  give  mc  a  gbts$  of 
or  sack,  Ibr  1  aiu  even  s|}ent. 

X.,  C*  J,  Tliat  was  to  recover  hb  heart  i  ^ 
thill  ^\as  sinking;  for  an  aldentiatrs  heart'] 
neralJy  sinks  in  sudi  a  irigbL 

Parker,    We  did  proceed  on  then, 
went  Itack  again  ;  Said  I,  if  they  niuist 
knock e<l  on  the  head,  I  will  go  and  be  J 
on  the  head  >vith  thciiu 

L*  C.  J.  A\\  '  igccame  tohb 

when  be  liad  ,i  noe, 

Fa$'k€r.    1  iiM  I  u.r.ii  Uiiif  '•'-'■     *-' 
the  mayor,  let  us  go  to  your  i 
lef  u§  proceed  on  to  rhooj^  a  i 
him,  ami  all  other  fiihcers. 

have  nobcMly  to  a*si*l  as,  we  m        

we  can.     And  we  went  thither,  and  pr 
to  choose  a  new  mayor,  and  then  newf 
and  coroner,  and  chamberlaiji,  and  we  | 
tlient  their  oaibs»    And  after  aU  tlii»,  we  wa 
4  to  the  ancient  custom,  to  the  w^ 
%  anil  there  we  gave  order. ^  lor 
iinmauon  to  be  made,  to  give  notice  to 
ctn-jtoration  who  was  then  mayor,   whoi 
then  aldermen,  m  ho  were  then  she 
were  then  coroners,  and  who  was  lliett  i 
her  lain  for  the  year  ensuipg.     \\  b  list  1 
doing,  Mr.  Sherv^in,  Mr.  Green »  and  j 
many  of  them  came  down  hoUowing  and  i 
ing,     No  new  Charter!     No  new  Charier  I 
they  cared  not  for  the  new  charter,  it 
worth  a  groat. 

X,C./.   Who  said  that? 

Porker.    Sherwin,  a  man  of  a  good  i 
They  were  going  fast  away  :  No,  aiid  f 
go  on  the  old  rate,  we  are  m  a  good  cause,  j 
we  do  not  fear  them  a  |kin ;  if  tln-y  do  lay 
it  w  ill  be  to  their  cost. 

L.  C,  J.  Well  said,  thou  hadst  dnmk  a  i 
glass  of  sack,  I  perceive,  for  thou  wer^l  i 
horrid  friglit  before. 

Parker*  The  next  day  they  could  commn 
all  the  counsel  iti  the  town  to  attend  tbcm  wj 
their  new  mayor.  Greaves.    There  was  J 
Edge,  John  Hherwio,  and  a  grc:it  ma 
tlemen,  with  swords  by  tbcii  side-s,    \vaiJ 
the    market  cross,    and    made   pi 
And  after  that  was  done,  tlicy  c<»ii 
on  Suudav  ;  for  on  Sunday  Mr,  Gittet^-^ 
may  or,  came  with  abundance  of  people  at 
heels,  not  gentlemen,    but  gown- men, 
thiU  were  ot"  that  parly,  and  offer«nl  to 
into  the  seat  were  the  mayor  was ;  und  we  v 
so  fearful  of  disturbance,  that  we  were 
to  have  a  guard  to  preserve  the  mace,   i 
secure  it  from  being  taken  tiw  ay  by  viole 
nnd  we  writ  a  letter  to  Loudon  to 'mj  br^ 
liull  to  acfjoamt  hitu  with  it,  and  $;cnt  poiit  | 
my  lin'd  tkike  of  Newcastle,  to  let  hi m  J 
how  it  was,  that  we  were  afraid  ol' being  | 
eil  OH  the  head :  and   his  gi  ace  waj^  sal 
that  he  imme*!  <  lu  us,  and  wastlid 

alxiul  four  or  In  <  ^,  imd  then  we  I 

to  be  a  little  in  hope. 

L,  C\  /,    Tbca  you  b^an  Ki  be  iQ 
agaluf 


Chancrl 

iTvM 

tuae,  aim 


STATE  TRIALS,  36  ChaMBS  II.  1584.— mi?  oiher9,far  a  Riot         [6S 


trkr.  How  hare  tfaey  faehaTed  tbem- 

■MB?  ' 

•far.  They  baTe  had  sncb  cabals,  and 

«,  and  rlubs,  that  we  have  oilen  been 

tftkn. 

,Ealt.  I  luppose  they  can  drink  sack  as 


■jia. 

LAnnn.  Pray,  Sir,  had  the  burgesses 
■■T&inffto*do  with  the  election  by 
iiiBUtw?-PcirAer-.    No. 


biWu.  Mr.  Alderman,  yon  have  been 

itiwia  that  town. 

lAv.  My  grandfather  was  an  alderman 


L  Fmu.  Dill  you  ever  know  in  your  life, 
tee  gentlemen  ever  used  to  interpose 
■in^  srconecm  themselves  in  the  elcc- 

iltr.  Na;  we  always  went  into  the  coun- 
MB^aad  were  called  one  by  one,  and  the 
mm  Wft-T  came  in  amon'sf  us,  but  only 
ptenn  that  my  brotlier  Edge  brou^^ht 
l^ematy,  to  shew  him  the  formality; 
Itp  »y  llursess  came,  but  those  that 
ilkt  coonciT,  or  clothings,  as  we  call 
-*!  Mveraaw  it  otherwise,  and  I  have 
mpoimany. 

HMMf  f.  Did  not  Mr.  Sachevercll,  nor 
Mkeaat-lmrgesses,  use  to  come  in  ? 
m  No,  Itoidthem,  says  I,  this  charter 
ii^yon  have  notliing  to  do. 
Iki^p.  Did  Mr.  Hutchinson  and  Mr. 
RfMetDcorae? 

Idt.  Ka,  tlicy  were  no  bnrgfcsses.   But 

"kif  that  if  vou  please,  I  would 

rMr.  Hutchinson,  Mr.  Gregory, 

is  and  Samuel  Richanis,  came 

a  bather  Wild's,  the  uld  mayor,  and 
ear  mace.     SSaid  1,  what  nave  yon 
Utile  mace?  Tbey  said,  Mr.  Greaves 
f»  hath  sent  for* it.    Said  1,  if  the 
nira  little  spirit  upon  him,  be  would 
laneare  you,  to  ask  such  a  thioi^,  for 
teatheerood  behaviour;  said  I,  and 
■lyor,  I  would  secure  them,  and  let 
m  their  advantage  against  me ;  I  would 
fjk  these  (gentlemen. 
'anii.    You  speak  of  somcthinsr  that 
m  at  the  cross  the  next  day  alter  tlie 
I  was  Mr.  Saclievercll  there? 
BT.   I  believe  he  was. 
mH.  Did  you  see  him  ? 
Rf.  1  was  in  mv  chamber,  but  I  cannot 
Mr  be  was  tfiere. 
haelf.    What,  at  the  cross  ? 
IK'  There  were  all  those  that  1  named 
MI  tell  you.  Sir,  the  riot  continued 
i  9mmhj ;  for  all  that  bore  office  on 
iRCHHeaod  attended  Mr.  Greaves  to 

RMr.  Greaves  c1api>cd  his  hand  on 
■eat:  Haid  I,  Mr.  Mayor,  keep 
■d  do  not  stir  out ;  and  he  did  not. 
torn*  Pny,  tell  which  of  the  de- 
lft at  the  cross  on  Saturday,  or  at 

I  was  Mr.  Gregoir  and  esquire 
r,  and  William  Greaves,  and 


John  Greaves,  and  Samuel  Richards,  and  Ar^ 
thur  Riccards,  and  the  Smiths  and  Sherwm.  . 

Ltroell,    Were  all  these  at  church  ? 

Parker,    Yes. 

Recorder.  Did  they  use  to  come  to  church 
before  ? 

Parker.  Sir,  it  is  a  custom  to  wait  upon  the 
mayor  the  next  Sunday,  and  they  waited  upon 
him  in  their  formality. 

Mr.  HoU.  Did  not  you  give  your  vote  for 
electing  a  mayor  according  to  the  old  charter, 
upon  your  oath  ? 

Parker.  1  will  tell  you  what  I  did  ;  when 
they  called  to  the  election,  and  to  the  poll,  and 
asked  who  1  was  for,  I  told  them  that  there 
was  no  man  capable  of  being  voted  for,  unless 
it  were  Ralph  Edge. 

]^Ir.  Hoit.  But  did  you  give  a  vote  for  such 
an  election,  or  no? 

Parker.  I  tell  vou,  I  said  there  was  no  man 
capable  of  a  vote  but  him,  and  I  could  give  my 
vote  for  none  but  Ralph  Edge:  and  said  I,  lif 
you  will  have  it,  I  will  give  my  vote  for  Ralph 

Mr.  LovclL  Was  there  an  election  for  Mr. 
Greaves,  and  poll  taken,  pray  ? 

Parker.  I  cannot  tell  that,  but  I  was  by  al- 
most to  the  latter  end ;  for  I  could  not  get  ont. 
the  croud  u-as  too  great,  till  I  had  pulled  off 
my  gown  and  crouded  out. 

Mr.LmeiL    Whotook  the  poll? 

Parker.    Mr.  Alderman  Ii)d^c. 

Mr.  Lovell.  ^Vas  Mr.  Turpm  in  the  aounciU 
chambcr  at  that  time,  or  not  ? 

Parker.   Yes,  he  was. 

LovelL   Are  you  sure  of  that  ? 

Parker.    Yes,  indeed  am  I. 

Loveli.   Was  Barker  there? 

Parker.  Yes,  he  was  in  the  hall ;  it  is  all 
under  one  roof. 

Recorder.  The  books  that  you  speak  of, 
that  3Ir.  Sachcvcrell  would  have  secured,  what 
books  were  they  ? 

Parker.  My  brother  Edge  can  give  a  better 
account  of  that  than  I ;  for  he  kept  thorn. 

Recorder.    You  can  tell  what  thev  were? 

Parker.  They  were  books  that  oelonged  Ikt 
the  mayor. 

Mr.  'Stanhope.   Mr.  Parker,  you  s:iy  Mr 
Wilson  was  there? 
.  Parker.    He  was  in  the  hall. 

Mt.  Stanhope,  You  know  it? — Parker,  Yes 

Mr.  Stanhope,  Are  you  sure  of  it  ? 

Parker.  Yes,  you  know  it,  Mr.  Staidiope. 

Mr.  Stanhope.  1  was  not  there,  sir,  how 
should  1  know  it  ?  Pray,  how  did  Mr.  Wilson 
behave  liitnself. 

Parker.  He  was  among  all  the'rabble  when 
they  were  shoutinuf,  and  crying  out,  No  new 
Charter,  No  new  Charter ;  he  was  an  ab6ttor 
among  them,  so  1  give  it  you  sworn. 

Recorder.  He  exurted  them  to  it,  I  will  war 
rant  you. 

Parker.  Yes,  and  has  enct nraged  it  in  his 
pulpit  sincre. 

Mr.  S.  Wartf.  Did  you  hear  anything  of  a 
standing- club  to  carry  on  this  opposition  '* 


STATE  TRIAI^,  56 CHknLiA  11.  \6%A^7^al of  Wm.  Ssc 


^ 
¥ 

$ 


fiy  uf  thr  fkieiidoknU 
ef 


W3 

I    hear  Xhttti   is   tt   , 
%\u               I,  aitd  tliv^  hate  gitU 
ium«i  ot  iuou<:'Y  tor  ttu9  busiu£4t. 
Mr  5.    Ward.  U"^  "   **  " 

keep  up  tliesmnt 

Farkcr.  I  have  LrLmt  s^ 

Z.  C\  J.  Tiiat  is  iioiliiii^  to  the  bdsbe^  ; 
wV  "  •    -     3  laikio  us  oluny  such  thing  ? 

S^vvcar  Soinuer.  [WhicK  was 
duM^  J  ^  V 1 1 1:  yau  sent  by  the  sheriff  to  dc- 
duintl  the  mace  ?  and  pniy  what  hap[»cncd  ? 

$umncr*  Sm  :\j  ili:ir  iihk  1  uas  tlie  sherifrs 
«crjeaut,  aQl  and  so 

thereumflu^  ic  ijoloij 

out*  and  the  uther  caiiuig  Tu  tlvctioii,  »ntf  Stop 
the  books  •,  and  my  master  the  liheriff  coiiiing 
out,  I  got  in  .i»  fM2Jt  as  I  could)  and  gift  hubl  uf 
the  mace  tlmt  wn<*  upon  the  cgunciUtable.  ^Ir* 
Kdph  r  Jr.  Saloiott^  and  Mr.  ArtJmr 

Jlia-an  nil  oie  again «  andtold  rae  I 

111 '  'i  it     So  I  went  and  lold 

II I J  iti  went  and  dttnanded  it ; 

bui  tuvy  urn  lurii  l; 1 1  iiitu  gooe  al»out  his  biisii' 
ness.  "Hut  bclore  I  went  tirom  the  Uiiyor's 
house,  l)ie  may  or  called  roe  in,  and  iiaidi  liubio» 
do  not  give  any  occasion  ef  oflence  lo  luiuj, 
i^oinanor  child,  to-day, 

Mu  order.  Tliejitry  desire  to  know  who  it 
was  took  the  mace  from  you  ? 

Somner.  Thev  did  take  it  firotn  tne. 

IUccr(kr,  \V"ho  did  ? 

Samner*  Mr,  Rak»h  Bennet,  Mr.  Sahoon,and 
Mr.  Arthur  Kiccards ,  them  three  laid  hold  on 
me,  and  told  me  1  hadnoihing^todo  with  it. 

rMr.  Jennings.  Bid  they  I'orctrit  fipotii  you  ? 
SomtiCr*  Y*£i, 
Mr>  JcHfiitt^f,  And  thev  did  refuse  the  xnaco 
te  Mr.  MttUnVJWwards  > 
WSomntr.  Yes,  thev  did. 
I  ]ii .-    \/  ,  n  ^f^tpc,  vVherc  was  the  mace  ? 
I  k  by  upon  the  table, 

f  : ......rupc.  I  thought  yott  said  they  took 
»■■ 
tal 
H, 


^  from  you? 
Stwiner.  Ye 


ea>  af\er  I  bad  Uid  hold  of  it^  aod 
taken  it  ojT  the  table. 

Hi,  FiUDU.  Wereyousentforit  byibetbe- 
riff? 

Somncr.  1  was  flerjeant  to  the  aberiff,  aud  it 
Wlonged  to  me  to  oury  the  iDa<;e. 

L.  C.  J.  Well,  go  on, 

Spmner.  When  ihc  mayor  came  into  the  hall) 
nnd  desired  to  hare  the  new  charter  read,  and 
hi»4rd  in  peace,  earner  in  Mr.  George  Gregory 
and  Mr.  Hutchlnsonf  and  at\er  they  came  in, 
they  fell  a  shouting. 

keci/rdcr.  What  did  they  say  ? 

Somnvr,  They  tidd  the  mayor  tji^y  had  cliosen 
Mr,  Greaves  uiayor,  and  if  he  vvuuid  comc'  and 
bear  him  sworu^  he  mifj^bt.  He  made  ihem 
^ome  answer,  but  I  did  not  heiv  vvhat  he  t^d. 
the  nijise  was  «o  ^rcat  There  was  one  that 
■tOod  by  mc,  one  Martin  Chambers,  whom  I 
spakt)  to,  and  said^  Prillice  be  quiet,  or  hold  ihv 
tongue,  do  not  make  %\xc\\  a  uoisc ;  and  witU 
that  he  up  with  his  haad|  and  hit  tpe  a  full 
twop  QTer  th«  faco* 


X.  C.  X  Who  waa  that  ? 

Summr,  One  Martin  Chamhen  ;    aod 
man  they  hxif  e  brought  up  to  be  a  wllnefi 
tbcut. 

Mr,  PciaiV.   Sivcor  WorUcy,    ^ Which 
done] 

Rrc(>rdrr,  Pray  will  you  give  an  aocomil 
wlielher  vou  saw'  WilsinI  llierc,  and  id  wbal 
place,  ana  what  he  did  ? 

Wort  ft!/,    Ytrsj,  I  aaw  him  in  the  coiinci 
house,  my  lord, 

Hccvrder,    In  the  council-hoti»e  ?  or  in  I 
hall  do  you  mean  ? — WorlUy,  In  the  hall* 

Htcardcr,    What  did  you  see  him  do  T 

Wifrllc^,    NoUiing. 

RtatrdfTn    Was  he  in  the  croud  T 

Wortltif.   Yes. 

3tr.  Feu  is.    Did   you  sec  the  mace 
awav?— UWi/r««  No. 

Mr.  Po.w«.    What  did  you  s«< 
do?  Or  what  did  you  bear  any 

Wort  ley.    Mr,  aachcvercll  bid  tiirm  »u 
hook»*, 

Mr.  AV/A.   My  lord,  I  hopr  we  liavc  i 
ciently  pro^eiJ  our  tj$&ue. 

L.C.J.    Did  they  make  any  !'"''^"  '*"  '■ 
bub»  or  outerieij  iu  the  hall  ? —  ! 

L.  C.J-   Did  tliey  make  au_.  ,   -,^    .- 
council- house  ? 

Worthy.    I  heard  him  bid  thciu  stay 
hooks,  thai  is  all. 

X.  C.  J.  Uow  many  might  there  he  oft 
gocMi  Sir  ? 

WortUy.    There  might  be  a  hui>drcd. 

L.  C.  X    Were  there  two  hundred? 

Worthy,  I  cannot  tell  how  many  thee 
mi^ht  be. 

Sir.  Holt.  Pray,  Sir*  ^Vortley,  befure  yo^ 
g0|  did  you  give  no  vote  for  tlie  election  of  \ 
mavor  upon  I  he  old  charter  ? 

Wortky,    No»  8ir. 

Mr.  FvUejfrn.    Did  not  you  gii  e  a   tote 
that  time  ia  the  council -chimb^^  ? 

Wordey,    Yes,  thbre  was  a  vote,  but  1  j 
it  for  Mr.' Toplady* 

Mr,  JrnntfigB.  I'ray  swear  Mr,  Rd,  Wijg 
(Wiich  was  done.] 

Recorder.    Pray  will  you  give  ati 
what  you  know  of  this  bwsinesf  ? 

Wright.  As  far  .is  1  can  give  an  aceount» 
was  thus :  I  saw  when  the  new  chiivier  ca 
and  was  carried  to  Mr,  Mayor's  hoiuse»  and 
was  given  to  the  uifiyor^and  it  was  met 
that  by  the  company  that  was  going  to  i 
and  they  were  aiujuainted  there  \»aj»  a  ||t 
f^h^ri-,.-  MTul  desired  to  return  buck  ajjain  ; 

'I   not,  hut   went  to  churcli. 
1         —  rr.t  hi  K  L  f  imKiiiphtT  lUyntddij,  s 
one  Mr.  -  i  ed  to  come  and  J 

it  read,  hui  uu  \  it. 

Recorder,    U  hat  did  you  do  in  tlie 
oit-chamber  ? 

Wright.  1  was  not  there,  but  in  tlie  hall  ? 

Recorder*    What  did  tliey  do  in  the 

Wright.     I   will   tell  you  what   they   dii 
They  hail  itie  charter  )>eibrc  tliem,  and   it 
goui^  to  be  rend)  and  the  buigt^soi  wtim 
I 


STATE  TRIALS,  36  CUARLI^  II.  l£84t.--«|i4  others  Jqt  a  Riot.  [6$ 


Mjeli  till  fiacb  time  as  Mr.  Hntphiiisoo 
Ir.  Gregory  came  to  acquaint  the  mayor 
Imj  kad  clio«en  a  mayor,  ami  desired  bim 
Bc  nnd  hear  him  sworn.  To  wbich  Mr. 
w  aaawered,  be  could  not,  neither  did  he 
If  wliat  authurity  they  did  it.  AUer  this 
i^ta  a  great  tumult  there,  aud  some  cried 
A  Gieu»  es,  A  Greaves ;  and  others,  No 
Charter,  No  ncwr  Charter,  ^veral  times 
veiie  W^tiretl  auil  persuaded  to  he  silent 
l^tt,  but  tliey  would  not,  hut  continued 
i^Mikuoiia  manner  for  a  ions'  time  After 
1  was  at  >lr.  Mayor's  when  Mr.  liutchiu- 
wiHr.  Gregory,  Mr.  Art^.urlliccardsand 
Bkkurdii  came  to  demand  the  mace, 
»ipQB  Mr.  Mayor  t<^d  them  he  would  not 
V  itbot  to  the  saa^e  authority  by  whicb 
id  it,  otherwise  he  would  not  deliver  it. 
ims  in  ttiis  company  Mr.  Ralph  lUrnnet, 
Mn  81ien»in,  Mr.  Samuel  Smith,  Mr. 
mm  Trigi^,  and  John  Hoe ;  tliesc  1  took 
iite  notice  of.  AAerwards,  wlitn  they 
Btopradaim  the  mayor  at  the  cross,  there 
■dm  this  Hoc,  andShcrwin,  aud  several 
■I^B  a  great  body,  tliat  the}-  could  not  pro- 
■  Ae  mayor  thorough! v  as  tbey  sliould. 
bCwi-  Pray  what  number  were  they  wbcu 

^«■eiMo  tlie  council-chamber? 
r^b.  There  might  he  fitly  of  them  I  he- 


.  Who  was  the  chief  man  among 
mf-'Wfifkt.  j^lr.  Saulievcrcll. 
IkC  J.  Hhen  they  were  in  the  hull,  how 

Wngb.  VWa  they  were  in  the  hall,  J  be- 
iHiW|  wcffcwo  hundretl. 
Mtihrti,  My  lord,  we  rest  it  hfro  ;     ^\'c 

ftarA^rc^ven  a  snti'»factory  pn)uf  as  to 
^ddcadants  namcnl  in  thr  infonuation. 
tb*  haUciftn*  ^Iu.y  it  pIvUAU  v(»ur  lordshio, 
li  KB  |S%ailcm<?n  ot*  tliejiirVf  1  am  *■'{  coun- 
lilAft  case  fur  the  defi*u(!uut>  ;  nii(!,  iiiv 
ri^Mtaithstandin^any  thii;<^  thutlms  bec-n 
l|niachc;ie  we  shait  ninkc  it  piuiiilv  to 
p»,  that  we  have  done  notliinij:  iuit  {>hat 
ilBihyal  good  subfccts  and  honest  ii i u'li /iiiui 

Sae  were  tiu- from  stirring  or  incitin^r  any 
ilaikd  disurdir  in  this  tuwn,  ui*  an\   thiny; 
^W^  be  csJIitl  a  riot.     And,  my*  lord,  1 
^^'   ^le^^e  a  little  to  0|)en  thur  infuruia- 
\%v  uiav  come  to  the  utKution   upon 
uf  matiL-r  dues  stand.     My  lonK  Uicy 
\  m  (heir  nifui iiiatiuu  chargr:d  a  turaul- 
nbl  V  upon  tlie  defendauls  ti>  disturb 
mi  ihfr  Hiayor  upon  the  new  char- 
kt  this  did  continue  l)y  the  space  uf 
k  npon  thai  same  duy,  a:>d  tlicre  is 
respokcnof  any  otlicr  day;  aud  so 
■Ihfy  talk  of  \%  \i\cn  hnppcm^d  tlie  next 
r  wholly  uut  of  the  information. 
is  anotlurr  matter,  aiK»tber  pas- 


km  infomiation,  about  the  taking  away 

^■■MflJin,  who  was  then  sheriif. 

M|  oar  case  as  to  that  will  stand 

Jaaaa  ifaenif  by  the  ohl  charter, 

•Jhianr-;  and  tnei  if  Mahn  were 

r,  ijknhy  the  aurren* 


(lerhe  was  out  of  oflice,  aitd  was  not  sherifC 
andso the  inibnn^Uon  fails:    For  1  supjiose 
they  theniselves  would  not  have  both  charters 
to  lie  in  ibroe  at  one  tinpe ;  and  if  they   would 
have  this  to  bearer  the  ncvr  charter  was  grant- 
(hI,  then  was  nutMaliu  sherifl'by  tbe  new  char- 
ter.   ^  tbat  then  all  the  fact  that  is  laid  t  on- 
«-i:rniiig  the  taking  away  tbt:  mace  irom  Maliu 
that  was  then  sheriff,  i»  quite  mistaken,  ibr 
Malin  was  not  sheriif  then,  if  so  be  tl»e  old 
cliarter  was  not  theh  in  force,  for  lie  was  not  in 
the  new  charter,  or  any  way  elected  or  sworn 
sheriff:  So  that  therem  also,  my  lord,  we  think 
it  impossible  for  them  to  maintain  that  |iart  of 
ilieirinibrmation.    My  lord,  the  next  matter 
stands  upon  the  assembling  and  acting  of  those 
(tersons  that  did  assemble  and  act  uuiler  the 
old  cliarter;  aud  therem,  my  lonl,  it  will  fall 
out  thus :  By  the  old  charter  the  mayor  is  to 
bo  elected,  and  take  his  place  on  Michaelmas^ 
day,  upon  which  this  fact  is  allcdged  to  he; 
Greaves  was  elected  beibre  this  time,  upon 
the  14ih  of  August  according  to  tbe  usage  ol  the 
old  charter.    Then,  my  lord,  according  to  the 
coubtilutionof  that  old  charter,  a  copy  whereof 
w  e  have  here  to  produce,  if  the  last  inn'yor  be  not 
present,  the  coroner  has  power  to  swear  the 
new  one ;  and  that  will  shew  that  this  is  tlie 
rigrht  day,  and  all  things  were  done  by  the  old 
corporation,  as   is   usual  and  accustomed  in 
all   respects.      There  is  one  tiling  they  say 
some  ol'  these  |Htrsons  are  not  of  the  corpora- 
tion by  the  old  charter,  and  others  had  uo  voice 
iu  tlic  election  ;  my  lord,  for  that,  supposing 
they  had  not  a  voice  In  the  election,  yet  to  m 
there  was  no  crime ;  Ibr  if  a  man  be  a  burgess 
ui*  a  town,  and  be  present  at  the  election  of 
otiicers  ibr  the  town,  and  d<x*s  either  ad\  ise  or 
assist  in  the  election  (and   he  is  not  altogether 
unconcerned  iu  it  neitlicr),  this  of  itself  will 
make,  no  crime.  Why  then  the  day  that  was  Ali- 
chaelmas-day,  that  was  according  to  the  usage; 
and  the  place  and  pnKincdin^s  were  all  accord- 
Jh!!^  to  the  custom  that  they  always  used  u]»nn  the 
oUl  charier.  For  ttrst,  they  go  to  the  ol<i  mayor, 
ft'um  thence  to  chui-ch,   from  thcnt-e  to  the 
council  chamber,  where  thoy  used  to  e^stablish 
the  mayor  that  v.  as  lM*iore  chosen  ;    tliitlier 
ilK*y  V.  eiit,  there  lliey  did   elect  thi:;  Cii-eaves 
to  be  mayor,  and  v«'hen  they  had  eli.-eled  liini  to 
be  uiaycr,  he  did  t;end,  aceordinp^  as  is  proved 
by  their wiUicsscs,  to  'the old  mayor,  wlio  was 
then  in  the  hall,  to  come  and  be  present  at  the 
swearin;jf  of  tlie  niw  mayor;  uo  that  still  all  was 
done  us  is  usual  accordmL^  to  the  old  charter  ; 
and  if  that  charter  be  in  ibrce,  aU  is  le<r«d,  and 
the  answer  that  the  obi  mayor  does  y'ive,  is 
also  prov(Kl,  my  lord,  fur  the  ilcreiulaiifs,  all, 
besides  four,  were  not  iu  die  hall,  but  only  in 
the  council -chamiH-r,  for  any  thinj,^  that  ap- 
pears  by  the    evidence  ;   hut  if  the  evidenee 
be    etherw  is;p,  we  ha\e  witnesses  to  prme   iL 
When  we  were  int!ier<jinui!  ebaniber,  and  the 
may  or  come  and  bn;u«r!  It  the  charter,  we  were  far 
irom  opposin;*,  but  did  desiro  the  new -charter 
mij^'-ht  he  rend,  the  mayor  refused  tlic  readiug 
of  it,  but  took  it  away  with  luai|  and  went 


caerciBiQ^  of  hts  oflice  ; 

tion  is  oaite  Tarying  from  the  fact*    Then  I 

b  this  nirtber  be«ides,  my  lortl,  ibe  i 

and  mectiii|f,  and  gpoitig'  oo  according^  toi 

old  charter,  wa»  on  the  f9lb  oC  Strptttnoer*  I 

new  charter  bears  date  the  38th  ot  S^atfmbErJ 

and  conies  down  av  you  see  the  next  . 

^a3  !VlichaeIm&s  day*  at  eleven  o'ci* 

ire  have  it  in  proot\  that  the  surrender  0C 

old  cl>arter,  which  they    pretend,  w«»  oof 

rolled  till  the 7th  of  October  after;  andi 

favour^  my  lord,  tlie  old  charter  could  I 

delemiioed,  till  the  surrender  «-«« 

which  was  not  till  the  7th  day   of  i 

and  till  that  time  the  old   charter  conti 

in  force,  it  was  tit  for  them  to  act  ondrr  it,  1 

it  did  so  continue ;    and  if  they   bn 

their  election  on  that  day,  they  fiad  I 

in  not  proccedintf  according  to  the  ij 

rviy  loni,  wc  will  call  our  exklencc,  and  1 

out  our  fact. 

L,C.J,  Bnt,  Mr.  Polleifcn^  as  to  that  1 
talk  of  about  Malin  ^  Was  he  sheriff  or  1 
not  sheriff  ? 

Mr.  PoHcjfen.  He  wasuoiaheriflTi 
to  this  information. 

L.  C.  J.  But  wai*  he  shcriffor  t)Gt  sberilf t 

Mr.    Thompson,     Nut  sherifi^  h^    ikm 
charter,  say  we. 

L.C^J.  But  1  pray  answer  roe,  Was 
sheriif,  or  not  shetiff  ? 

Mr.  Polkjfen,  1  Uelieve  he  wts  sheriff  I 
the  old  charter. 

X.  C.  X  What  hod  you  then  to  do  irith  tb 
maoef 

Mr.  Follexfen,  Yet  say  we,  you  are  ma 
taken  in  your  inforn^utjon  ;    forit  so  be  yo 
lay  it  bo  an  offence,  the  tjikingf  away  thef 
from  Mahn  that  was  sheriff  by  siK'h  a  «~ 
and  he  l4  not  so,  then  the  laturruatiofi 
taken. 

L,  C.  X  There  is  no  such  thing*  \ 
sheriff  by  such  a  isharter* 

Mr.  tovdl.  My  lord,   we  do  i 
justify- 


wlock  they  proceeded 

Mj  Isf^,  tBeoiotrO' 

whM  m   the    rifht    and 

ile^iidmp^ ; 

icfife    in    tills 

then  in  force, 

ike  old  cbaiter  to 

their  mayor,  to 

lll«  oM  mmfot  to  swear  him, 

the  rc»cr  must  be  reg^ular,  if  so 

'  ler  was  still  in 

rirtss  the  other 

iwful,  if  that  be 

pT  but  what  is 

H re,  and  according 

tjffe^ce,  no  violence 

■'  '  '  '  "*^y  ot* these 

,ik  of  the 

.,  ......,c3  mayor^ 

'  which  in  ekciioLs 
it   there  are  but  or- 
^HeooiidiBgn  rnrh  ha  are  usual  In  thingps 
pi  ttlHirv^  1  KtifH.-  it  will  not  be  construed 
i  i%oi  (♦r  breach  of  the  peace,   or  of- 
^i»       \\\  lortl,  the  tjUestions  that  will 
~  mmtion,  are  those  that  1 

if  so  be  this  mace  was 
^^      tricnihev  huf  iner  laid  it  in 
i%li;it  we  did  take  away  froiii 
a  mace  that  bel ousted  to 
lit'  his  office  J  if  he  were  not 
arc  quite  out  in   their  infor- 
(nmld  not  be  shei-iff  by  the 
w  ill  be  prt tty  plain  ;    fur  the 
*a\  vva«  Kurrendcred.      That 
*fntrbv  the  new,  is  as  plain, 
.lued  nhcnff  in  it.     But  if  he 
th**  n*'w  charter,  yet  at  this 
nly  of  sheriff,  for  he 
tit.^  ojfioe  by  the  new 
'».     And  there  is  an 
tther  the  sheriff,  nor 
'"  ''  h»m  their titCcc, 
Now  all  that 
:»ber,  of  \^|jicii 
•^   Ik* fore  these 
id  tlir  oath  was 
*yor,  ami  where  the 
'  *     Hut  tlu'v  wi:re 
r  ne^^ 
'vhort 
tHiunciUchara- 
Ti  thf  old  char* 
■  «tion, 
I    by 
U  J  or  the 


L.  C.  J.  Ay,  but  let  bim  come  here  first, 
answer  the  ohjectjon. 

Mr.  PoZ/rx/^n.  My  lord,  it  is  expressly 
in  the  begfinuing  of  the  Lnloimationt  that  ^ 
was  mayor,  and  that  be  liad  summoned  ai) 
scmbly  to  choose  a  mayor,  according^  t*i 
charter  granted  by  this  kintf  ;  that  tlie 
ants  did  disturb  tbat  meeting*,  and  thai, 
lion  ;  and  that  they  did  take  away 
beinR;  the  en&ign  of  office,  to  the  said  ^^^ 
of  the  county  aforesaid  bflonq'ing,  froiia~4 
.lohn  Malin, "being  then  one  of  the  sheriflii 
the  county  of  the  lown  of  Noiiing^hatn 

L.  C,  i.  All  thnt  is  true 

Mr,  PaUfxfcn.  Then  they  must  make  it 
be  ly  one  or  the  other  charter.  We  say 
vr^9  not  by  the  new  ^  they  dcoy  the  old  Id. 
in  beinr;^,  anrl  ispcdk  only  of  t)ic  new, 

X,  C  X  Ay,  but  1  would  fam  know  of 
whether  he  was  sheriff  or  not  shenff. 

Mr,  Poller,  I  think  they  Uiat  will  chargti 
mUi  an  otitncc,  ought  to  tnak&  out  thai 


Vj       STATE  TRIALS.  S6  Charles  II.  l684.-HniiI  others,  fcr  a  Riai. 


L  C  J.  Tb«-y  say  he  u  sheriff,  and  you  say 
lliiikmff  ^-ourselves. 
Ir.  PoiUif'en.  That  cannot  consist  with  this 
|0Uir  quesdon,  as  I  conceive. 

LCi.  Why  now  then  let  us  come  yet  a 
Mi  farther ;  it  is  said,  that  such  a  one  bcinjur 
WfLnA  to  he  w-as,  take  it  which  way  you 
I  «;  far  if  the  new  charter  have  no  effect  till 
faiHraiderot'the  old  be  enrolled,  then  Wild 
itijur  by  the  old  charter ;  and  if  he  was 
Wmtf  It  wu  eDough :  and  then  he  uvus  met 
MNBS  new  mayor  by  virtue  tif  the  second 
Aliv;  it  is  tme  it  is  so  said,  though  perhaps 
Wribf  to  strictness,  it  could  not  take  effect 
\  Jfefaicirolliiient  uft*  the  surrender ;  vet  what 
faiillB  lliis  ofTeace  ?  I  would  fain  Iknow  of 
Ji^  ii  it  oot  true  in  fact,  that  he  was  then 
W^,9bA  met  in  an  assembly  for  tlie  election 
lilinr  mayor? 

Jk.  PoiUifcn.  It  is  tme ;  but  that  we  con- 
MwiB  ootiiuppOrt  this  information. 

LC.  J.  Then  1  desire  to  know,  how  comes 
&  8Mbe«'erdI,  and  these  sort  of  people  co 
■rile  in  i:? 

lk.folleifcn.  I  fit  be  insisted  upon  that  he 
iBHVwl^-  the  old  charter,  then  we  hope  we 
Ik  fane  aotbiDg  but  what  by  the  old  charter 
mwnjatafy. 

Lis.  frhat  had  Mr.  SacbeTercll,  Mr. 
UyMi,and  01 V  parson  Wilson  to  do  there .^ 

VLhUyffii.  By  the  old  charter  Mr.  ISa- 
AnaD  n  1  bui^css. 
^C.  /.  if  he  were,  was  he  capable  of 

Jh.  Mufcii.    IIo  miifht  be  present  at  an 
■^^■4  was  concerned  as  a  buri^css. 
'^LClBat  could  he  meddle  vi ith  the  elec- 
^/ 

Jk.Pdk2f(n.   Then,  good  my  lord,  what 

LC].  Wonderfully  done!  those  thin g^s 
-^Oi  never  answer :  in  London,  for  the  pur- 

Ul^  it  VIS  not  an  offence  fur  any  freeman 
■pant  at  the  election  of  the  mayor  ;  but 
'i^iMneluffrLcmcn  comethut  arc  not  livery- 
ttd  ran  themselves  into  the  business  to 
raioei,  anil  «rivc  direction  about  that  they 
Mkio?  to  do  with,  and  cry  out,  pray 
pttebools,  and  pray,  good  Sir,  deliver  tiie 
t;  then  tJiev  hail  concerned  themselves 
witli  an  authority  to  which  they 
IM  pretence,  which  is  an  offence  ;  and  if 
IVftU  busy  themselves  in  that  which  does 
I  tliem,  they  must  suffer  for  it.    Mr. 
ill,  and  the  rest,  were  as  capable  of 
advice  about  an  election,  seven 
!  as  now ;  what  reason  had  they 
^li  oome  and   make  this  hubbub.^    But 
I  will  shew  themselves  such  wonder* 
before  then:  advice  is  asked  or 

Xok//.  Will  your  lordaUip  please  to 
li  Me  word — 
iBmefaii.  Prithee  give  me  leave :  my 
•  jMi  see  how  the  fact  does  appear 
•ridmee,  I  aupposii  we  shall  uot  be 
d^«f  mny  4imder. 


[70 


X.  C.  J.  It  doth  appear  very  plain;  man,  it 
has  been  very  fully  sworn  ;  it  has  indeed. 

Mr.  Pol  lex/en.  "We  hope  to  satisfy  you 
otherwise  by  our  evidence,  as  to  the  fact. 

Mr.  Lovell.  Your  lordship  is  pleased  to  ob- 
ject that  upon  us,  which  doth  lie  upon  us,  and 
requires  an  answer 

L.  C.  J.  It  does  indeed. 

Mr.  LufvelL  As  to  Maliu*s  being  sheriff.  But 
my  lord,  I  conceive  he  was  not  slieriff;  for 
if  the  old  charter  was  in  force,  tlien  he  was  not 
sheriff:  for  there  was  a  new  sheriff  chosen 
and  sworn,  before  the  mace  was  required  of 
him :  if  the  new  charter  were  in  force  then  he 
was  not  sheriff;  for  he  was  uot  named  sheriff 
in  it. 

L,  C.  J.  Who  chose  the  new  sheriff? 

Mr.  LoTcU.  He  was  not  chosen  by  any 
body,  he  was  named  in  the  charter. 

L,  C.  J.  Malin  was  sheriff  before  that  time, 
and  was  indeed  sheriff  till  a  new  one  was  chosen 
in  his  place  ;  and  therefore  the  detaining  the 
Mace  was  unlawful,  that  is  our  opinion  ;  and  if 
your  opinion  be  otherwise,  it  is  as  idle  as  the 
opinion  of  the  new  charter. 

Mr.  Holt.  Will  your  lordship  please  to  spare 
me  a  word  for  the  defendants  ?  My  lord,  the 
information  doth  consist  of  two  matters ;  the 
first  is,-  the  disturbing  the  election  that  was 
appointed  by  the  mayor,  by  virtue  of  the  new 
charter ;  the  next  is,  the  taking  away  the 
mace,  b<nng  the  ensign  ot  ollice  of  Malin  the 
sheriff.  Now,  with  submission,  my  lord,  I 
think  they  have  failed  in  the  first  part  of  the 
information ;  for  thev  have  laid  it  special,  that 
Wild  beinsT  mayor,  lie  had  at  that  time,  when 
these  defendants  did  thus  assemble  themselves^ 
appointed  an  election  by  virtue  of  tho  letters  pa- 
tents of  this  king ;  and  after  he  had  so  appointed 
it,  these  defendants  did  assemble  themselves 
in  disturbance  of  that  election,  and  after  pro- 
clamation made,  continued  their  disturbance* 
Now  if  this  Genas  Wild  had  no  authority  to 
make  or  appoint  this  clecrtion  by  virtue  of  any 
charter,  then  had  he  no  anihority  to  make  thts 
proclamation ;  and  these  defcnJants  are  not 
guilty  of  this  int4)nnation,  supposing*  what  they 
did  was  not  ju&tiliuble  in  the  main,  yet  as  here 
laid,  tbey  are  not  guilty  ;  for  it  is  not,  nor  can 
be  to  the  disturbance  of  the  election,  or  con- 
tempt of  his  authority. 

L.  C.  J.  Come,  tliat  has  been  snid,  and  an 
swcredover  and  over  again.      Call  your  wit- 
nesses. 

Mr.  Holt.  As  to  this  business  of  Malin,  and 
tlie  mace,  we  did  say  it  did  not  biflonjLfto  him  ; 
and  it  is  an  usurpation  upon  tlie  king,  Avithout 
authority  by  any  charter  or  grant,  and  a  no- 
velty. No  man  can  have  any  i-'l-Iiju  of  au- 
thority, but  by  tyrant  from  the  king. 

L.'C.  J.  *  What  is  thatto  ymi*  Why  did 
you  take  it  away  ?  What  authority  had  you 
ibrthat? 

Mr.  Holt.  This  is  laid  to  be  an  affront  to  the 
king's  authority,  and  it  was  uot,  for  the  very 
mace  was  an  usurpation. 

L.  C-  J*  Ue  was  in  possession  of  it,  and  that 


L,  C.  J.  Pray  ffo  on  to  your  witnesses,  and 
do  not  spend  our  time  in  vuch  trivial  stuff ;  tor 
this  is  ail  stuH',  mere  stuff. 

Mr.  Holt,  My  lord,  we  \rould  make  out  our 
deicucc 

L.  C  J.  Do  so  if  you  can,  call  your  wit- 
nesses ;  ue  must  noi  give  liberty  to  e^cry  one 
of  the  counsel  to  ni.'ike  speeches  of  the  same 
thin^f,  over  and  over  ng^oin,  and  all  to  no 
puKiiosc. 

Mr.  Holt,  This  mace  did  not  belong  to 
Malin. 

L.  C.  J*  Yiovf  do  you  know  that  ?  Can  you 
tell  wliithcr  the  king*  had  not  gi^cu  them  ouch 
power  ? 

Mr.  Uott,  It  was  never  given  by  tlieking. 

X.  C.  /.  Docs  the  king  qut-stiuii*  them  for  ii  ? 

Mr.  Holt.  We  will  prove  it  uii  usurpation, 
«nd  can  sliew  the  time  when  it  was  first 
usurped. 

L,  C.  J,  This  way  of  lu'huviour  by  riots, 
looks  more  like  the  times  of  usur[mlion,  when 
nbliles  meet  to  meddle  with  t;'overnment. 

Mr. .  My  lord,  I  desire  to  offer  only 

one  word  that  has  not  been  yet  said. 

L.  C.  /.  No,  I  will  hear  no  more  speeches ; 
call  your  witnesses,  if  you  have  any :  sure  you 
take  yourselves  to  be  m  your  eommou-halls, 
and  council-houses,  making  sjKkiclies. 

Mr.  Hoit.  Call  Edwara  Higley  and  sir 
Thomas  Parkyns. 

Mr.  Polkxjcn,  May  we  read  the  old  charter, 
my  lord  ? 

X.  C.  J.  Av,  read  what  vou  will,  and  offer 
what  you  wilf  in  evidonce  lor  yourselves  ;  but 
let  us  not  ha^  c  9iich  docirincs  preached  omong 
us,  as  settling  govunimeuLs,  Liid  trying  rights, 
by  club-law. 

Mr.  PMxfcn.  God  f^^.rbid,  my  lord,  1  am 
sure  noliodv  here  drsiivs  nn^'  >'ucii  thing. 

Mr.  i/o/?.  S'.vcarLd^*ai(ini-;;ry.  [Which 
Was  done  J 

L.  C.  J.  WoV,  \vhat  dv  you  ask  iMs  man  ? 

Mr.  Hi)U.  [Showl'i'x  I''"-"  »'»  pap'^r-book.] 
Is  that  a  tmr  copy  of  t^c  oM  rl-.artcr  ? 

Highy,  Yes,  it* is. 

Mr.  Follcifcn.  Wc  desire  it  mn.y  be  re.id. 

J-r.  C.  J.  What  would  yon  read' it  for? 

Mr.  Folic  r/en.  By  that  it  will  ajpear  the 
election  was*  regular,  acc<»rrrmg  to  the  olri 
cltarter,  whicti  we  say  is  sllll  in  force,  and  so 
we  in  no  fault. 

X.  C.  J  Shan  we  enfa*  iiito  a  <]ueBtion  of 
that  nature  here,  which  13  in  force  ?  No,  wc 
will  not.  Why  did  yon  commit  this  riot? 
Answer  that. 

Mr.  PoUofcn.  Uy  the  old  charter,  my  lord, 
the  mayor  and  burgesses  are  to  elect. 

L.V,  J.  Ay,  Mr.  lH>ll^efi,  and  you  know 
the  old  charter  of  London,  was  to  tne  mayor, 
comiiK>Aalty,  and  citizens  of  Londota,  to  cbooie 
sMyor;  tnA  We  kiio#  Ihtt  the  imyor,  cotn- 


71]        STATE  TRIALS,  96  CHARLfei  II.  l684.— TWrf  cfl^'m.  Euclieverttt,.       f 

18  the  same  thing  as  to  you,  whether  it  be  of  monalty,  ind  citizens  of  I^idon,  haVe  1 
right  or  not?  Vou  never  pretended  to  keep  it  chosen  a  mayor  this  many  hundred  of  yen 
for  tlic  king.  We  know  very  well,  that  that  election  is  tm 

Mr.   Holt.    If  so   be  they  omong   them-    by  livery-men  :  now  yon  come  and  say,  pr 

let  us  see  how  it  is  by  the  charter ;    why 

well  may  nul  all  the  citizens  of  liondon  cm 

I  lo  be  at  the  election  of  the  lord  mayor  ?_  If  y 

I  can  shew  me  that  heretofore,  before  this  tin 

j  that  there  were  other  persons  th&t  used  to 

prese:it  at  elections,  you  say  somewhat :  boi 

you  have  only  an  ancient  right  to  be  prcse 

and  they  have  ravished  this  right  fVtmi  yc 

you  hnd\l')iic  exccoling  well  to  have  ftsserl 

your  right  In  a  lrp;al  com-<;e.   But  do  yon  IM 

you  arc  to  regain  your  rij^ht  by  club-law,  1 

throwing  up  your  hats,  and  noLve  and  rio 

^aiid  opposing  the  king's  authority  ? 

Mr.  Pollfjfen,  My  lord,  we  were  never  i 
opposiu^  the  king's  authority  ;  we  never  wi 
against  til  eking? 

Jubt.  Wit  hint.  Who  was  that  against,  I  pit 
when,  you  said,  No  new  charter,  No  new  chi 
icr  ?  VVas  not  that  against  the  king  ? 

Mr.  LtnclL  That  was  none  of  us  whocri 
out  so. 

X.  C.  J.  Who  knows  in  a  croud  what  pen 
in  particular  makes  a  noise,  or  docs  not  ?  Y 
w«  ni  where  you  should  not  have  been. 

Mr.  Pollexfen,  My  lord,  we  pray  the ofaaul 
made  to  tliistown,  in  the  reign  of  Henry 
which  provides,  that  the  mayor  shall  be  chpi 
by  the  onrgesscs,  and  sworn  by  the  prerodii 
mayor ;  hut  if  he  was  not  pre^nt,  ke  shoe 
b<»  sworn  \rj  the  c<>runer.  Your  lordship  0 
jects  the  <*asc  of  the  livery-men  by  the  dty 
London  ;  tiiat  is  by  virtue  of  a  narticnhir  h 
law  :  but  in  our  ca*^,  the  old  cliartcr  haW 
prescribed  this  nietiiod,  you  will  not  take  it< 
of  tliat  method,  without  their  producing  801 
by-law  for  iu 

X.  C  J.  Yes,  yes,  we  shall  go  according 
the  constant  usage  within  memory,  because  1 
will  not,  u)Mm  this  inf urination,  *try  the  rig 
one  way  or  other,  f^hew  us  I)y  the  u.«a 
that  therc  was  a  prctenrc  f'rr  suel!  (versons 
Mr.  Sa»'he>'crelU  ftnd  the  oilicn;  here,  to 
present  at  the  elections. 

Just.  WiC.ins.  In  this  ca?:^  it  shall  be  p 
Rn::.:*d  t':.r«»  wp.-;  a  by-law. 

I**;*.  J'-.iiUrfcn.  I  hope  you  will  presm 
nT,;lii;ifjlo  iral:;^  us  frtiiliy'of  a  crime  ;  th 
ought*'*  A^tyw  lh»'  by-law  if  l!jcy  have  any. 

X.  C.  J.  "1  think  we  neeil  not  trouble  ot 
stives  nlK)ui  that,  what  by-laws  have  be 
ma'fr' ;  but  we  find  these  ;7?rsons  in  possesd 
of  this  u«Kige,  and  so  they  havtibeen  for  tin 
IR  years  past. 

Mr.  Pollexfen,  My  lord,  that  will  not  tal 
them  a  title. 

X.  C.  X  We  will  not  allow  the  right  to 
tiied  upon  this  information. 

Just.  Vilthins.  Mr.  PoUexlen,  wbat  do  y 
speak  of  stvtraring  by  the  coroner  ?  That  cot 
not  be  in  this  case,  for  the  old  mayor  n 
there. 

Mr.  Mhrfin.    Not  it  <he 
Grearei. 


STATE  TRIALS,  S6  CharL«S  IT.  168^4.— wrf  tihcrsjor  a  KM.         [74 


fkracelL  MV  lord,  I  wmiW  only  ol»- 
le  iliing  ;  tb«  ciime  ch&rgf(*^  i)p»n  iiR, 
B«t  departing  after  the  prodiinrn'tfoii 
■ow  I  do  not  observe  that  ffaoy  |ivove 
Sbcbeverell  was  ever  there  a/ter  the 


7.  I  thought  indeed  you  wore  very 
I  were  so  ea«j;er  to  spt^k  ;  but  your 
lOD  is  very  much  in  the  wroricf,  lor  tlie 
NHtire  that  Mr.  Hacheverf iT  and  the 
le  ooin|mny  staid  after  ;  hut  because 
U  observe'  it  better,  call  Reynolds 
ftu  were  so  i\ill,  you  could  not  let  it 
yea  fvere  tapt.  Reynolds,  upon  your 
fyou  make  proclamation  tliat  ull  iier- 
Ivfere  not  snniinoned,  or  were  uncon- 
ilhe  ri«!ction,  should  depail? 
ddb  Yef?,  my  lord,  I  did. 
/.  Did  31  r.  iSacheverell,  and  the  rest, 
pe  aftemr&rds  ? — Reynolds.  Yes. 
hnAirpf .  My  lord,  the  mayor  I'  think 
heM  not  summons  any  one  :  tlie  in- 
■  is  laid,  that  there  was  an  assembly 
^wmed  and  called  before  him. 
1/  He  told  you  he  sent  to  Alderman 
,nl  Edire,  and  two  or  three  mure,  to 
Rj  and  bear  the  charter  read  ;  and  he 
toflBjemt  Bii^land,  and  he  was  huffish, 
llrtrffckim  uiraselt'  concerned  in  the 
hMK:  lor  it  seems  hu  was  notcontinuH 
Mhi  rf  Teoorder  by  it.  lie  tells  you 
miMvwas  read  to  them,  and  with 
Mh  liAit  read  it,  did  go  throtigh  with 
i^lrvto  mistily  interrupted  by  the 
[taviimade  by  the  defendants  and 
SPHgtti  proved  tirat  there  was  an 
■MiiBoned  before  hi;n,  sure. 
ilkttiaf.  Mr.  Stanhope,  do  not  ^'on 
Mm^  that  he  sent  to  church  to  summon 
toons  to  him,  and  the v  would  not  come 
b«MfiN'them? 

^Utrftn.  31  y  lord,  they  should  pro- 
Ikvew  ehartor,  1  humbly  conceive.' 
t/.  I  ten  you  lief  ore  hand,   we  are  n«t 
#1  validity  of   the  new   charter,   or 
L  hi  whether  you  are  j:uUty  of  u  riot. 

BpU.  Ny  loril,  if  they  were  in  po.^srssion 
linenil>y  their  new  churtrr.  tiMy  should 
hnoew  eliarter  :  we  ^!l?».!I  i.l-fW  you 
to   the  uiavor   (::i(l   biu'^fCHKCS 


fCm 


Cn  you  shew  a  rhartt-r  that  the  c!e- 
ivor,    ahlcrnien,   aud    hur- 


mk.   Kwcar  l.i'ke  Oldham     [W^^c^li 
Hl^  Look  over  that  hook,  Mr.  Oldli;mi, 

Tliii  B  a  In  10  copy  of  the  charter 
led  at  the  Tower. 
When  did  you  examine  it  ? 
*tnftot  tell  yon  the  particular  day, 

Itov  iMig  ago  is  it  that  you  eta- 


(=a twelve- month  ago. 
[liiy iwH  liith,  b it m true  copy? 


Oldham.  Y^  I  read  it  over  three  days  a^. 

Clerk  reads.  This  is  dated of 'H.  etii. 

Ju;^.  U'iUiins.  Where  would  ycu  have  i| 
read  ? 

Mr.  PoUexfen,  We  desire  he  may  read  that 
part  of  the  incorporating  the  town,  and  the  power 
ofx-hoosing  the  mayor. 

Ckrk.  Whereabouts  is  it,  Sir  ? 

Mr.  PoUexfen,  Folio  81.  [Which  trai 
read.] 

Mr.  Holt,  Call  sir  Thomas  Parkyns.  [Who 
appeared,  and  vi  as  sworn.] 

L.  C,  J.  What  do  you  ask  this  gentleman  ? 

Mr.  Holt.  Pray,  Sir,  were  you  by  in  the 
Coundl-Chamf»er  at  Nottingham  on  Slichael- 
mas-Day  was  twelve-month  ? 

Recorder,  Pray,  Sir  Thomas  Parkyns,  let 
me  ask  you  one  question  ;  have  not  you  laid 
out  any  money  in  this  cause  i* 

Sir  T,  Parkyns,  No,  8ir,  not  that  I  know  of. 

Mr.  Stanhope.  Pr?iy,  Sir,  were  vou  present  in 
the  council-chamber,  when  Bft.  Wild,  the 
mayor,  was  there;  and  did  you  sec  Mr.  Sache- 
verell,  and  Mr.  Hutchinson  come  in  ? 

Sir   T,  Parkyns,  Yes,  1  was  there. 

Mr,  S/ an  hope,  l*ray,  how  did  they  demean 
themselves  there  ? 

Sir  T.  Parkyns.  Vvry  civilly,  for  any  thing 
I  flid  perceive,  without  any  dLsturbance  to  the 
court,  or  any  body  else. 

Viv.  Staiihopf.  'Did  thcy  u»e  any  gestures^ 
or  behaviours,  to  occasion  the  nuyor  to  go 
away  ? 

Sir  T.  Parkyns,  Not  as  1  know  of  at  all. 
Sir. 

Mr.  Stan hnpe.  Pray,  Sir,  will  yon  tell  all 
your  knowledge  how  the  thing  passed  ? 

Sir  T.  Parkyns.  I  understanding  there  was 
to  be  an  election  of  a  mayor  for  the  town  of 
Nottingham,  upon  l^Iichacl mas-Day,  us  has 
been  accustomed  time  out  of  mind,  a  Tcrv  long 
while,  as  I  have  been  informed,  at  the  cliurch, 
1  was  there,  and  went  to  the  usual  place  in  the 
chancel,  and  there  we  staid  iome  tin:.-*  till  at'ttv 
prayer ;  and  alW  praver  there  was  notice  of  a 
new  charter  coming,  hut  then  !  believe  it  was 
not  come  ;  but,  as  they  were  called,  the  old 
charter-men,  alderman  Greaves,  and  the  re- 
corder, Kerj(»ant  Bigland,  and  alderman  Edgi», 
and  sev.'Tal  others,  forty,  I  beiicvi;  1  could  name^ 
did  s<  nd  to  I\Ir.  Wild,  the  mayor  that  then  was, 
and  Mr.  Rippon,  and  rtthers,  who  were  then  at 
the  town -hull,  and  desired  them  to  come  up 
to  the  chuncel,  a.s  I  am  informed,  in  ordiT  to  an 
election  of  a  new  mayor  :  but  thoy  did  not  come, 
but,  as  I  heard,  they  Kent  word  back  again,  to 
desini  aldernmn  Greaves,  and  the  rest,  to  come 
down  to  the  Town-hall,  which  acwnlingly 
was  done. 

Mr.  Pollcrfen,    An<l  wlnt  happened  then!' 

Sir  T.  Purkynf.  I  wasthtrr.ilong  with  them, 
and  went  into  the  Town -hall  and  so  intu  a  room 
which  1  conceive  tluy  call  th»:  council-chann- 
licr  :  and  there  upon  Sfneml  di><conr8es,  there 
w<  re  some  were  for  goin;^  to  voting  for  a  new 
mayor,  and  there  wi«rc  some  that  did  say,  they 
had  a  new  charter,  and  thev  must  have  a  to»ji: 

g 


75: 


STAR  TRIALS,  S6  Caaslbs  IL  l6S4^TrM^  Wm.  Saektwerd!, 


aciwrdn^  to  tint  nev  dttrto-;    wibereoi^a 

Bf9  «fisv<r.  1  U^ik^  nni^  io  tint :  I  ^  fsetbe 
ttiit*;^  ivry  UkJfi  wM  ti»^  i>ear  cbwr  is  a  b«z  : 
I  Uti'jk  it  WM  to,  Urt  1 4ij4  not  M^sit  cptt. 

M/.  Ccnif ,  IVs  it  wu  AM  read  while  too 
wtr*  tJ»*;re  ? 

K>  y.  Parkynt.  1  did  not  heir  a  word  of  it 
md  ;  hot  i  thuik  there  was  aldcrnian  Edzedi'i  . 
•av,  I  'i'i  DM  kaow  bow  I  a^n  to  act  bv  tue  oew 
ciutfter,  but  1  ondcntaud  what  I  h-ave  to  dv  by 
the  old  ch^rtw  fen  well,  therflcrrc:  wc  w  illfwo- 
OKd  to  the  eiectioD  of  a  &evi  mayor ;  mod  then 
upon  that  aocouot  they  did  go  to  rodog,  and 
wv^raJ  totes  there  were  for  aeveral  persons,  as 

SrticuUriv  for  Mr.  £d|^  bimseif,  and  some  ' 
r  Mr.  TiifJady,  but  the  most  for  akferman  . 
Greaves ;  abd,'  ^bco  they  did  nDderstaod, 
as  I  c^ttc^ve,  th«t  aldermaa  Greaves  had  the  \ 
majority  of  votes,  then  they  did  rise  np,  and  i 
weat  away. 

yiT.Pohifen.  Who  did?  i 

Hir  T.  Parkynt,  The  mayor,  Mr.  Wild,  and  I 
alderman  liippon. 

Mr.  Stanhope.  Pray,  Sir,  did  the  mayor  stay 
all  the  while  the  Poll  was  ? 

Sir  T.  Parkynt.  He  was  there,  I  am  sure 
while  thf7  voted  ;  that  Lam  certain  he  was  ;  I 
oaonot  say  he  was  there  all  the  time. 

Mr.  PolUrfen,  Did  he  oppose  tlie  election  ? 

Hir  T.  Parkvm.  No. 

Mr,  Pollej/en,  Was  there  any  prodamation 
made  fur  any-U>dy  to  depart? 

Sir  T.  Parkynt.  None  .that  I  heard  of. 

Mr.  Jlutt.  VVheii  the  nrw  charter  was  pro- 
durrd,  wftH  itdesireilby  any -body  there,  that 
it  nii{;ht  bi*  read  ? 

Hir  T,  Parkynt.  Yes,  Sir,  there  was  some 
thatdiMinxl  it  mi (^ht  be  read. 

Mr.  Jajv^U.  Why  wa^  it  not  read? 

Hir  T.  Parkynt.  I  cannot  tell  that  ?  but  I  did 
heortliey  should  shew  Mr.  Kdi^c  his  name  in 
the  new  charter ;  and  they  did  believe  he  was 
ontjnucd  in  hiit  place,  and  I  think  Mr.  Edg^re- 
plied  he  hail  bis  niareby  the  old  charter  during 
Lie  ;  and  by  that  charter  he  knew  how  to 
act ;  he  could  notti'U  what  he  was  in  the  new 
charter  ? 

Mr.  FarcrtclL  Pray, Sir,  did  any  of  the  old 
chartiT-men  oppose  the  reading  of  the  new- 
chartfrr  P 

Sir  7*.  Parkynt.  No,  iudeod,  Sir,  not  that  I 
know  of 

A.  C.  J.  Pray,  Sir,  let  rac  ask  vou  a  ques- 
tion or  two,  you  arc  a  burgtss  of  this  town, 
are  you  not  1* 

Sir  T.  Parkynt.  Yes,  my  lord. 

L.  ('../.  How  many  years  have  you  been  a 
buiifChH  ? 

Sir  7'.   Parkynt.  Several  years. 

L.  ( '.  J.  WfM'c  you  ever  ut  an  election  before  ? 

Sir  7'.  Patkyns.  No,  but  I  hare  been  at  se- 
veral of  their  mWtinf^s. 

L  ( '.  J.  How  came  you  to  be  there  at  this 
timn? 

Sir  7'.  Parkynt.  Upon  no  invitation  hy  uiy 
body,  but  upon  my  ownacoord. 


LCJ.  Hov< 
tiMemofelfai 

t»r  r.  Pmrkym,  Truly,  bt  lord,   I 
OBSv  er  von  to  ihaL 

L.  r.:  J.  No,  I  Wfiere  noc ;  bet  1 
ask^oaaiMhcrciKStioc:  wijoearethcu 
thai?  * 

Sir  T.  Purkyni,  Serenl  gave  their  m 

L.  C.  J.  Did  yov  give  any  voce  ? 

^ssT  T.  Parkwmt.  No,  my'  iord,  I  gi 
Tote. 

L.C.J.  What  did  yondothere? 

Sir  r.  Pwkyrj.  There  were  several 
^eatlemeo  of  the  couptf^  there  besides  i 

JL  C.  J.  A  J,  there  vrere  several  tbcf 
hadnothinetodothere^aod  which  shoi 
have  been  uere  :  did  not  yoa  hear  any  | 
m'ation  m^^de  at  all  ? 

Sir  r.  Parkyiu.  No,  my  lord,  1  did  n 

L.  C.  J.  Did  yon  hear  no  crying  out 
conacil-chasikber,  A  Greaves  Biayor,  A  G 
31avor;  No  New  Charter;  Ko  New 
ter! 

Sir  T.  Parkyns.  I  dki  not  hear  any  i 
at  all. 

JL  C,  J.  Did  yo«ihear  nothing  sakl,  Pn 
the  books,  pray  stav  the  books  ? 

Sir  r.  Parkyns.  Ko,  my  lord,  I  did  no 

L.  C.  J.  Pray,  did  you  observe  any  tl 
the  workl  aboat  'the  maoc  there  ? 

Sir  r.  Parkynt.  Yes,  I  di<l. 

L.C,J.  Pray  )etushearthal»lbrl>i 
did  not  hear  a  great  deal,  nor  any  thing  i 
that  other  peopte  heard  ;  now  let  oi  1 
you  did  sec  ? 

Sir  T.  Parkynt.  The  old  mayor  i 
with  two  of  the  maces,  I  think,  and 
lell  behind;    and  presently  after  comei 
Mr.  Malin,  and  demanded  the  other  mac 

L.C.J.  Of  whom? 

Sir  T.  Parkyns.  Indeed,  I  cannot  id 
lord. 

Justice  Wit  kins.  What  answer  was  gi 

Sir  T.  Parkynt.  There  were  several 
not  tell  the  particular  names,  that  sak 
hud  as  much  interest  in  it,  as  MaUn  : 
luace  ;  and  the  reason  was  this,  it  was  I 
by  several  contributors. 

L.  C.  J.  Who  was  that  said  so  ? 

Sir  I*.  Parkynt.  Indeed,  my  lord,  I  < 
tellparticularly. 

L.  C.J.  Alack -a- day  !  now  we  have 
all  again  ;  pray  did  not  you  see  the 
called  The  New  Charter  as  you  ezpresi 

Sir  r.  Parkynt.  No,  I  did  not  see  it 
the  box. 

L.  C.  /.  Did  you  observe  when  Mr. 
called  to  read  the  charter  ? 

Sir  T.  Parkynt.  No,  my  lord,  I  did  i 

L.  C.  J.  I  mean  when  he  spoke  to  m 
ther  Bttfland  to  read  it. 

Sir  r.  Parkynt.  My  lord,  I  was  tM 
the  beginning  to  the  end.  If  yon  please  \ 
me,  my  lord,  I  will  answer  you  to  wfai 
ask  me :  I  think  the  mayor,  Mr.  Wil 
spetk  to-seneant  BigiHMly  ead  aske 
•omethiag  or  adrioi^  MH  wliel  it  wm> 


Tl}         STATE  TRIALS,  S6Cmarlei  II.  l684.— awf  others /^  a  RioL  [78 


B*l  tHI  ;  it  WIS  wimeihtns'  cobc^nin{it  Uie  new 
»dlKB»1ilclianc(  "    bud  ail- 

fv«reii  Jhiio.  Do  \  < ,  or  us 

^i^umti^  *      '      '  itii^-  91  VM.  I  ^I'tv  MLisniinle. 
Mr.  This  geDtkmao,   my  lonf, 

Rt€9f4er.  Ditl  you  nee  any  stniggling  about 

Sir  r  Na,  T  did  ool.  Sir. 

iZff9  *  anie  Soiimer  tu  leave  the 

I   dn  not  know,  I  cannot 

Dkf  yuu  liotr  any  ttiing  said  by 

NO|  I  do  not. 
j^A.rtj.  Dill  not  he  say.  Hold  tUe 
"     books? 

N<n  I  do  nQt  remi'mbfT  it. 
Mr-  iiiiU,  Km^did  you  tftoy  us  long  as  3lr. 
thc^ci-dl  staid  f 

1\  Parkym^  1  staid  as  toug^  a9  they  all 

iiaUamay*  Didyoa  obscnre  no  noise 

ic.  No*  by  my  soiil»  not  L 

^    Thai  IS  81  range. 

Mr.  Hafr.  He  vims  not  iu  the  hall  where  the 

he  be  in  the  next  room, 

■Ah't 

f'L  /    ',    '0.  My  lord,  I  taid  1  waa  in 
e|iice  called  the  council  housa,  and  I  did 
iPtm tan  ilieir  alt  went  uut  tofi^ier. 

lUtm4tr,  <Va»  not  you  ail  the  prociamaiion 
<^tb«iBftofIacei'  ttud  wasthifreno  ibrow- 
iiyiyiar  hau? 

ivTpPnri  "^  V*><,  they  did,  vthen  Ihey 
nd  God  s-  ^^»  ihe  poople  sakl  Amen 

tiildww  ii| 

iff,  Sivmhpf^.  Fmy  did  jou  h^ar  31  r.  Sache- 
ftrvQdMtre  ihein  to  be  qiuH  and  iMjuceable? 

r.  T.  Pitrktmt^  Ytfs,  I  did  so. 
[JUCX    Diii   ynu    hear    Mr.    Sachefrerell 
I  k«»  apokr  to  th«  mayor  in  the  hall  P 
f  T*  J^arkyn^*  Nu»  1  w^s  not  iu  the  baii 

L  J.  Did  you  hear  him  U'licn  hettpokc  to 

^  '^    council  chatnlser  ? 

Not  ihflt  1  do  recnemlior. 
^^.  You  say  you   liciard  Mr. 
k  to  thtni  ID  be  quiet  and 

frkynt,  N(\  not  there,   but  it  was 

l"%  own  house, 
HoUituay.    Waa  there  any  ii[>roar 

Purkifux  S*u  my  lord,  but  I  will  tell 
yniha^  was  K  mulntude  of  peo))!*^  thcr^',  and 
i  pv9^  deal  t»r  ndild<-  Uke  to  be,  and  Mr. 
^iicWfefatid<^r«Hl  the  j«*opk'  to  ^f:^  their  bu- 
aaoK  mth  all  mod^'sty  ;  and  1  think  tbi«re 
ivnir.waaafi  gremi  a  numbvr  of  iieojdw  that 
4ft!r  earned  tlirmvelves  more  civ  illy  than  they 
M,  I  iUd  not  hear,  by  the  oath  1  ha\  c  taken, 
«%aastgry  pammate  word  or  any  thijig  ot  that 
kiad. 


Hecorder*  They  wet^  all  of  a  sidetbeiL 

]\lr.  Stanhope,  Were  you  by  when  Wf* 
Hiitcbioson  waa  sent^vith  fir,  Gri^ry  ?  What 
was  hcseoi  fur? 

^ir  1\  Parkynt.  I  can't  tcU  that,  hilt  f  did 
lieur  they  did  go. 

Mr.Shmfwpt.  Was  he  sent  to  demand,  or 
desire  tl»e  mace  ? 

8ir  T,  Farkym.  Indeed  Ican^t  tdl  how  i 
waa. 

L.  C*  X  He  can  tell  nothing  ? 

RcconUr.  I  believe  ho  was  worse  frtght* 
ed  than  alderman  Parker,  he  lia^t  forgot  all. 

Mr.   Pollejfm,     Swear  Mr,  John  Thinn;  • 
[Which  was  done.]  Pray,  Sir,  were  you  (ire* 
Kcnt  on  MicbafhnaH-duy,  at  the  election  of  th#t| 
mayor  of  Notiino'baml* 

Tkimt,  My  Ion  I,  I  hear  there  are  seireral 
gentlemen  indicted  for  a  riot  at  that  time,  I  hope 
i  &liall  receive  no  prejudice  for  giving  my  m^ 
formation  here. 

L.C.J,  What  do  you  mean,  Mr.  Thinn? 

Thinn*  BIy  lord,  I  uuder^tanil  by  some  per* 
sons,  that  there  is  tike  to  be  im  in  formation  i^ 
brought  against  me,  if   I  give  my  evidence  a 
here. 

L.  C.  J.  Prithee,  man,  we  know  nothing  at 
all  of  the  evidence  or  informatioQ  ;  if  you  will 
evidence,  you  may. 

3Ir.  PoiUjftn*  Pray,  ^r,  were  you  present 
when  thi»  matter  was  trao^ctin;;  Jn  Mivhael- 
maa-dny? 

Thinn*  I  happened  to  be  in  tbe  country  all 
that  time,  about  a  bustneas  bt'tween  Mr.  Edge 
and  myself;  we  me  oopanncr«  in  an  estate, 
and  we  were  then  upon   a  partition;    and  oq\ 
Micliaelnms-day  1  went  to  church,   and  beiiig^\ 
at  church,  and  sc^^jog  a  great  deal  of  company 
in  the  chancel,  1   went  to  sec  tljc  usual   cere-*| 
mony  of  chootiing  the  mayor,  and  so  ibrth.     I 
was  there  tlien,  and  while  1  was  there  in  the  < 
church,  I  itaid  tb<!rti  near  an  hoar,  t    believe 
after  prayer  was  done,  and  there  was  an   ex*  - 
peciation  of  the  old  mayor,  and  others,  toi 
meet  together  upon  the  ekction,  but  nobody 
came :  but  al  last  there  was  some  message 
came  dotro,  I  know  not  by  whom,   nor  from  ^ 
whom,  but  the  general  vog'uewas,  that  it  came-' 
from  I^lr.  Wild  the  old  mayor,  and  tliai  ho  had 
sent  down  to  desire  the  company  to  come  doua 
to  the  hull,  but  I  cannot  say   who  bmoghl  the-4 
message ;  and  upon  this,  all  the  com  pan  v  went  ( 
from  the  church,  up  to  the  hall,  and   1  went 
with  alderman  Edge,  who   was  the  person  I 
had  business  with  ;  we  went  through  a  great  ''• 
room,  the  town-hall,  and  then  there  is  a  little  | 
room  within,  I  think  they  call  the  couneiU 
cliamber,  and  a  great  table   within  a  rail,  asf 
this  may  be ;  and  I  remenibcr  I  sat  down  be* 
hind  the  alderman :   I  could  olifterve  nothing  ( 
heat  among  them  at  aJI,  iior  tlie  least  wt>rd 
that  1  observed,  of  jangling.     There  was  a  bo«H 
upon  the  table,  which  thiiv  said  was  the  new^ 
charier,  but  it  w^  not  read ;  but  Mr.  £dge  wAa  1 
olfered  to  read  hi<d  own  name,  to  shew  that  he  | 
had  power  to  act  in  it ;    but  he  did  not  know 
how  far  he  might  act  by  that^  aad  therefore  he 


79]       STATB  TRIALS*  36  Chablbs  II.  l68i.— TVto/  oj  Wm.  S$ckev^U, 


was  proeeediDgto  twetr  the  officer  aooordiog 
to  the  old  one. 

Mr.  Polltxftm.  Was  ibore  any  cry,  or  any 
noise  there  ? 

Tkinn.  I  do  not  know  that  I  beard  any  one 
say  any  harsh  or  ill  word ;  tbera  was  not  so 
much  as  a  shout. 

L.  C,  J.  Did  you  hear  any  hubbub,  or  tu- 

Tkinu,  No,  my  lord,  not  in  the  room  where 
we  were. 

X.  C  J.  Did  you  in  any  other  room  P 

2%imu  I  cannot  tell  that,  there  was  a  gveat 
many  people  about  the  window. 

Mr.  Holi,  Did  the  old  mayor,  Wild,  sUy 
there  white  they  elected  Mr.  Greaves? 

Thinn.  lie  staid  there  some  of  the  time. 

Mr.  Siamhepe.  Was  he  thei-e  all  the  while  ? 

Thinn.  1  camiot  say  but  that  some  of  the  al- 
dermea  staid  all  the  time,  and  some  of  them 
iTiFe  their  TOtes  for  Mr.  Greav  es.  ' 

Mr.  Lovell.  What  did  EAge  do  ? 

JTunn.  He  took  the.  poll,  and  to  the  best  of 
my  romembranoe,  alderman  Parker,  that  is 
«Be  of  the  aldbrmen  that  has  been  here,  gaFe 
his  vote  for  Mr.  Edge. 

Mr.  Loveii.  Did  the  mayor,  Wild,  stay  till 
the  poll  was  cast  up  ? 

X.  C.  J.  Poll,  we  hear  nothing  of  a  poll ; 
Who  gave  you  authority  to  poll  ? 

Mr.  Lovell.  He  that  was  in  the  new  charter 
appointed  mayor,  yet  sui<^to  see  the  election, 
and  then  went  awa^r. 

Mr.  Foliexftn.  8ir,  did  you  hear  any  pro- 
clamation made  in  the  council-chamber  ? 

Thinn.  No,  Sir ;  I  came  from  church  with 
Mr.  Edge,  and  the  rest  of  the  gentlemen. 

X.  C.  J.  Were  you  there  when  Greaves  was 
sworn  P 

Thinn.  Truly,  my  lord,  I  don't  remember 
ihat  I  was. 

X.  C.  J,  I  desire  to  know  by  what  authority 
Mr.  Edge  swore  him  :  let  him  k>ok  upon  tlie 
statute  of  Praemunire,  and  consider  wiih  him- 
self about  it  a  htUe. 

Just.  IViihins.  As  far  as  1  find,  this  gentle- 
man was  not  much  concerned,  and  did  not  mind 
what  was  done. 

ThinJi.  No  truly,  Sir,  not  I,  much. 

Mr.  Ilolt.  Did  Mr.  Sacheverell  go  with  you 
or  stay  behind. 

Thmn,  We  went  all  together. 

Mr.  Blencow,  Pray  su  ear  Mr.  Pole.  [Which 
Fas  done.] 

Mr.  Stanhope.  Pray,  8ir,  were  you  in  the 
eoupt^l-dbamber  at  Nottingham  on  Michael- 
roas-day  was  twelve-month  P  Pray  tell  us  what 
happened  there. 

roU.  I  have  lived  in  Nottingham  about  IS 
years.  I  used  to  go  and  see  tJie  uiiiyor  and 
other  ofiicirs  swufo  :  upon  this  day  1  n  as  at 
church,  and  they  went  to  prayers,  and  after 
prayers  were  coded,  1  think  there  was  Mr. 
Gregory  and  Mr.  Hutohinaon,  as  I  toke  it,  sent 
by  soittB  to  dcsicc.the  mayor,  that  was  Wikl,  to 
)  W  ichMwh,  that  they  micht  pitNMBd  to  «a 

tMSQsriiiMr  ^  ^  aU  dhiKtoi:;  bul  wbai 


answer  was  returned  I  cannot  say  : 
that,  as  I  take  it,  there  was  ddermi 
aind  alderman  Rippon  dU  come  and 
the  company,  and  said  the  mayor  dcs 
to  come  down,  lor  they  had  the  nevi 
and  he  was  to  have  their  advice  how  t 
upon  it.  While  they  sat  there,  I  wa] 
the  church  to  the  town -hall;  and  ; 
while  the  company  from  church  car 
town-hall :  when  they  were  there,  tl 
desired  serjcaut  Bigland's  advice  hov 
ceed  upon  the  new  charter ;  says  he 
desire  my  advice  as  recorder  or  as 
and  I  tlkink  as  to  that  he  gave  no  anst 
like  question  he  put  to  Mr.  Edge; 
Edge  referred  it  to  seijcaut  Bii|;land' 
and  I  think  it  was  a  very  good  one. 
while,  some  of  the  company  that  u 
the  electors  of  mayors  and  sheritFs, 
the  clothing,  cried,  let  us  go  to  the  | 
I  think  Air.  Edge  began  to  take  the 
there  was  several  that  did  vote,  but 
the  general  cry  of  those  that  were  ii 
the  new  and  to  the  old  charters.  1^ 
were  in  the  new  charter  gave  their  v 
not  for  Greaves  ;  1  do  not  remember 
did  when  the  poll  was  taking. 

X.  C.  J.  Who  directed  the  poll,  prs 

Pole.  I  tliink  it  was  some  that  wer 
old  charter;  but  I  think  it  was  the  gc 
sire  to  go  to  the  poll. 

L,C.J.  Who  took  the  poU? 

Pole,    Mr.  Edge  took  if. 

Mr.  HoU,  Did  the  old  mayor  pro 
electiou,  or  the  new  mayor,  or  uo  P 

Pole,  No,  1  do  not  *know  he  pro 
but  it  was  put  to  him. 

Mr.  Stanhope.  A\  as  he  present  at : 
tion  f^-Pole.  Vos,  he  was. 

Mr,  Stanhope.  Was  he|iresent  \iltc 
was  taken  P 

Pole.    Yes,  he  was. 

Mr.  Stanhope.  Did  he  contradict  it 

Pole.    I  cannot  say  he  did  contradi< 

X.  C.  J.  How  many  of  these  elect 
}-ou  been  at  betbre.^ 

Pole.  I  was  not  by  at  the  nominati 
I  could  not  be,  Ilot  they  excluded  all 
that  had  votes. 

X-  C  /.  How  came  you  to  be  so  I 
be  there  at  this  tiuie  ? 

Pule,  I  went  of  my  own  accord ; 
desired  by  auy  lx)dy,  any  more  now  tl 
years,  but  used  as  much  as  1  could  to  e 
to  be  at  the  swearing  of  them  ;  lor 
eluded  all  people  usually  out  of  the 
where  the  election  used  to  be,  if  they 
of  the  clothing. 

Mr.  Stanhope.  Who  gave  the  oat 
person  elected  usually  P 

Pole.  The  coroner  used  to  give  tL 
his  oath. 

Mr.  J^avell,  Who  used  to  take  tb 
other  electipus? 

Pole,  I  canout  say  who  took  it,  iis 
were  exdudod  the  obanodi ;  but  it 
reputed  that  Mr.  Edge  used  to  take  it 


STATE  TRIALS^  3G  Charles  IL  1684.— tfwef  qthenjor  a  Jlkt.         [82 
^Vlkocame  to  fclcb  \ott  from 


Blemtom. 
f 
Bok*    f  lliiflk  ildertnan  Ripjmu  and  aUter- 
wam  Pirier  dtd  desire  ihem  to  come  to  the 
\gmm4aa\h  ^m\  I  think  Malio  was  tSwrc^  bat  i 
^   CMmot  tell  ^\\%l  he  said. 
^H  Mr  B/rftCi>9L\    Wbo  was  at  church  then  ? 
^H  L.  C  J,    Prmy,  were  you  dm  red  to  come  ? 
^KP«^.    No,  1  wa»  not. 
^B  JL  C  /.    Wat  Mr,  8adieverell  ? 
^r  I^(     N*>,  !  do  noi  know  that  he  was  ? 

Mf .  Stutihajfc,  When  the^e  g-entlcmcn  came, 
did  they  beh:ive  themst^lres  civilly  f 

/>ofc.  V'e»;  I  «*w  nothing  hui  civil  hcha- 
Htm :  there  wis  a  great  concourse  f>f  people^ 
IbdifT^  most  of  the  well-wishera  to  tlie  otd 
•ftl  sew  diarter  were  there  tliat  day. 

L.  C.  J.    Can  you  say  you  did  not  hear  a 
|Rit  iltal  of  ooiiie  and  hubhuh  ? 
JMi.    I  eaODot  say  so.  tior  truly  can  I  say 

L  C.  /.    Do  you  heliere  you  did  or  noi  ? 

B^  But  I  believe  I  mit^ht  hear  aotne 
mm\  but  1  was  in  the  council -chamber ,  not 
ial^bilL 

JiflL  HUtam&f^  Was  sir  Tli  omits  Parky n& 
♦•wf— i*o/c.    Vea,  he  was. 

i.C  /.    Wis  Mr.  Thiuu  thet^  ? 

1^    Vc««   1  think  1  sat  next  lum  i^heii 

fSuftamef^m  church:  1  did  desire  to  §ee 

fhe  fr^iOBcdiii^  of  ibeday,  and  1  tlitnk  f  dined 

wHk  iha  camjiaoy,  and  went  in  with  the  first. 

LCJ*    Did  you  see  any  thing  ubont  a 

BqU.  Vfs,  I  think  1  did  nfeaomething  about 

It.C.  J*  Wby  then  prithee  tell  lue,  as  near 
at tto  caa  fiie«,  what  thee  didst  see  about 

Afe.   Whea  ibey  went  out.  Wild  and  his 

y,  themijm  was  full  of  company  ;  and, 

t,  or  wbtiever  it  was  that 

t  the  mace  behind  him  ; 

fur  the  mace,  1  think 

^ntlemen  of  the  council 

Mid  would  not  let  him 

,  who  was  that  one  gen- 

"%tiif  e,  1  believe  it  tnigbt 


ultatprit. 
tMlatakc  I 

iflt  aasoi 
^  QUI  ii  iixmi 

LC.J,    A- 

J>^  1. 
kit  rfHrJ 

t  (  jiriihec,  wilt  thou  tell  me  that 

ti,  no  «hutitm^,  nor  nnist^,  nor  hubbub  ? 
ihU*  Id  the  C'jiuitil  chamlicr,  i  am  satiiii- 
i  Mb  ta  myself,  I  heard  none  and  believe 
kj  none;  I  will  not  say  there  was  not 
Itks  ha1i»  for  I  was  not  there, 
Joti.  Hollmray.    Did  ytju  hear  any  one  cry, 

P«^  ibeve  was  at  tliat  time  a  dts* 

.^ ,.-.ijk8. 

lJL  C.  J*    Ay,  tell  mc  now  who  tliai  dispute 


amoQf  the  gownmen 


,fak,   I  1  is 

|L  C.  J.    \4iu  aay  well,  name  ma  some  of 


p0k.  V  cannot,  iiidee>d,  ray  lord,  name  any 
particula]-  person. 

Just  UoUowuy,  Did  yon  liear  Mt,  8ache- 
Tcrell  speak  any  thing  about  ihe  books? 

Pole,  I  think  I  did,  I  believe  it  was  one  uf 
the  ctothiog. 

L.  C.  J,  Prithee,  canst  thee  not  gue»  who 
that  man  of  the  clothing  waa? 

Pofr.  ff  1  do  guess,  my  lord,  I  cannot  speak 
positively. 

X,  C'/.  Prithee,  do  not  sav  so,  1  know  ihce 
canst  if  thou  wilt,  come,  recollect  thy  meraorj'. 

Pole^  My  lord,  I  would  remember  it,  and 
^X  the  person^  if  I  could,  but  i  canuoL 

I.  C,  J.  Hut  tts  near  as  thee  canst  guess,  I 
know  thee  hast  a  goo<l  gnef»  with  thee. 

Pole.    Indeed,  my  lord,  I  cannot. 

Mr.  Powit,  Did  you  observe  that  he  did  any 
ways  concern  himself  about  the  election,  3Ir* 
Hacheveivll  I  mean  7 

L.  C.  J.  What  did  he  do  there,  Mr*  I*owi«  ? 
he  WBS  present  there. 

Rti£ord£r,  Was  not  he  the  head  of  the  oW' 
charter  parly  ? 

Pole,  The  oh!  charter  people  t(wk  it  that  the 
surrender  had  t>een  6urre[Kitiously  obtained,  and 
1  think  he  might  say  they  had  a  good  right  to 
insist  upon  the  old  charter. 

L,  C.  X  Who  said  so  ?  Mr.  SacheTCrell  ? 

Pole,  i  believe  J  did  hear  hiua  say  soraeihing 
to  that  purposf,  b(Tt  I  cannot  positively  say 
what ;  1  dare  not  undertake  to  say  what  par* 
ticular  persons  f^pokc  that  day. 

RecortUr,  Was  not  hrfor  reading  of  the  new 
charter,  upon  your  oath  ? 

Pole,  I  cannot  tell  whether  he  was  or  no. 

Recorder.  Did  he  not  bid  the  people  be 
quiet? 

Pole.  I  cannot  say  I  heard  any  such  thing. 

Mr.  Ward,  Did  not  you  hear  him  say  any 
thing  to  the  mayor  when  he  came  into  the 
council -house? 

Pole.  No,  I  did  not. 

5Ir.  Ward.  Did  not  you  hear  the  Serjeant 
make  proclamation  for  all  people  to  depart  that  - 
had  no  business  there  ? — Pole.  1  did  not. 

L.  C,  X  What  say  vou,  Reynohls,  did  you 
make  proclamation  in  the  council  house  by  the 
mayor's  direction? 

Rei/noids.  Yes,  I  did. 

L.  C.  J.  And  yet  you  said  you  staid  there  all 
the  liiue. 

Mr.  Blencow.  WhcD  the  shout  was  in  the 
hall,  pray,  where  was  Mr.  Sacheverell  ? 

Pote.  He  was  in  the  council-chamber  :  tha 
occasion  of  ihe  shout  to  be  in  the  hall  was  this» 
when  the  poll  was  taken,  and  the  majurity  ap* 
peared  to  be  for  Greaves,  Mr,  Kutchinsoa  wa« 
seut  to  acr|uaint  tha  mayor  with  It,  and  to  de< 
him  to  come,  and  be  prefeot  at  the  swearing  of 
him, 

X.  C.  J.  Who  sent  him  ? 

Pole.  Mr.  Uutchittson  and  they  can  till 
themselves. 

X,  C.  X  But  who  do  you  say  sent  him  ? 

PoU*  1  ctii*t  tell  particulany,  they  caa  beel 
tdl. 

G 


83]       STA'IS  TIUALS,  36  Cuablss  H.  iSSi^TUU  of  Wm,  tMunrM, 


L,  C.  /.  But  who  told  yoa  so  ?  or  did  way 
body  tell  Tou  so? 

.  Poie,  I  was  told  so  by  sereral  persons  that 
fi'(ere  sent 

I.  C.  J.  Prithee,  who  told  thee  ? 

Pole,  I  believe  I  may  have  heard  it  from 
hiimelf,  that  he  was  sent. 

X.  C.  J.  Who  did  he  tdl  you  sent  him  ? 

Fote.  He  did  not  tell  me  who  particiilarly. 

Mr.  Fareu'cU,  My  lord,  I  desire  to  ask  Eepr- 
nolds  this  question  ;  Who  was  there  besides 
that  heard  you  nmke  the  prodamatiou  ? 

tUynoldt.  The  mayor  was  there. 

Just.  Hollanay.  They  made  such  a  noise, 
that  perhaps  e?ery  body  could  not  hear  it. 

Mr.  Pollexfen,  Pray  swear  Mr.  Slater. 
[Which  was  done.] 

Mr.  Holt,  Were  you  in  the  council-cham- 
ber on  Bf  ichaelmas-day  was  twelTemonth  in 
Nottingham  P 

Slater.  Yes,  1  was. 

Mr.  Holt,  Pray,  give  me  an  account  of 
.  \f  bat,  passed  there,  and  what  you  observed. 

Slater,  I  was  at  St.  Mary's  Church  with  them, 
and  came  down  from  the  cb  urch  with  them  to  the 
council- house ;  and  when  they  came,  they  went 
in(o  the  council-house  to  the  mayor  that  was 
then,  alderman  Wild,  and  there  they  went  and 
staid  some  small  time :  and  then  the  mayor  and 
aldermen  came  out,  and  came  to  the  common- 
ly and  staid  a  pretty  considerable  time ;  and 
wsa  came  Mr.  Hutchinson  and  Mr.  Gregory 
to  his  worship,  aqd  told  him,  and  it  please  your 
f^orahip,  the  council  desires  yon  to  come  and 
hear  Mr.  Greaves  sworn  mayor;  and  at  that 
word,  the  mayor  replied  to  them,  that  he  would 
oome  to  them  presently,  if  they  should  have 
done  there :  so  presently  after  some  cried  out 
A  Greaves  mayor,  a  Greaves  mayor ;  and  al- 
derman Rippon  and  others  bid  them  hold  their 
tongues,  or  it  should  be  worse  for  them ;  but  still 
they  cried,  A  Greaves,  a  Groaves. 

i.  C.  J.  Where  was  that? 

SliUer,  In  th^  common-hall. 

Mr.  Pollexfen,  What  the  bnrgesscs  cryed 
out  so,  did  they  ? 

^ater.  The  people  in  the  hall. 
.  Recorder,  Was  not  you  one  of  the  shoutcrs? 

Slater.  No,  I  did  not  shout. 

L.  C.  J.  Were  you  one  of  the  clothinsr,  une 
of  the  council  of  the  town  ? 

Slater,  No,  my  lord,  I  was  not. 
.  £.  C.  J.  What  business  had  you  there  ? 

Slater.  I  went  to  see,  as  others  did. 

Just.  WUkint.  What  trade  are  you? 

Stater.   1  am  a  taylor. 

Just  Wit  hint.  Do  you  use  to  go  to  church  ? 

Slater,  Yes,  Sir. 

L,  C,  J,  You  say  the  people  did  shout,  A 
Greaves  mayor;  did  vou  hear  them  among 
that  shout,  cry.  No  New  Charter,  No  New 
Charter? 

Slater,  I  cannot  say  any  thing  of  that. 

L.  C.  J.  Canst  thee  say  thou  didst  not  hear 
any  such  shout  ? 

Slater.  For  my  part,  I  can  safelv  say  I 
heard  nothing  of  it.     Then  I  see  aldemuui 


Wild  take  a  book  in  his  hand,  as  to  tak 
oath,  and  then  there  was  a  shout,  A  Gra 
mayor ;  and  alderman  Paiker  went  oflTi 
the  bench,  and  saidi  A  Riot,  a  Riot. 
'  Mr,  PoUejtfen.  Swetr  Ro^rRyley.  [W 
was  done.] 

Mr.  Holt.  Pray,  were  vou  at  the  electii 
a  new  qiayor  at  Mich|UMmas-day  was  tv 
month  ? 

<Ry'^«  I  was  at  the  first  nomination,  in 
was  the  14th  of  August 
Mr.  Holt.  Who  was  named  then  ? 
Hi/ley.  Mr.  Greaves. 
Mr.  Holt,  Is  thet  the  custom  of  the  tm 
nominate  him  before  ? 
R^Im,  Yes,  it  is. 

Mr.  HolL  Were  yon  there  on  Michael 
dey? 

Hyley,  Upon  Michaelmas-day  I  wasi 
nioued  in  upoa  the  clothing,  and  then 
new  mayor  went  to  the  old  mayor,*  and  «i 
there  a  long  time  to  go  with  him  to  | 
church;  at  last  theoU  mayor  would  n 
but  staid  waiting  for  «  new  charter ;  a 
went  to  church  and  heard  the  prayen 
^m  the  church  we  went  to  the  ball  aoooi 
to  custom;  and  there  was  the  new  n 
there,  Mr.  Greaves,  and  he  was  sworn  n 
there. 

L,  C.J.  Who  swore  him? 
Rylof,  Alderman  Edge. 
L.  C.  J,    Did  you  ever  know  him  sir 
mi^or  before  P 

Just.  Hollomay,  Did  you  ever  knc 
inayor  sworn  betorein  the  absence  of  tb 
mayor? 

hyley,  1  have  known  many,  I  have  hei 
the  council  these  c^liteen  years. 

L,  C.  J,    You  say  you  he^e  been  o 
council  these  eighteen  years  ? 
^y^fy-  Yes,  I  have  so.  Sir- 
L,  C,  J,    And  have  you  been  present 
tlic  new  mayor  has  been  sworn  ? 
Ryley,  Yes,!  have. 
L,  C.  J.   And  do  you.  know  that  the 
mayor  was.  sworn  when, the  old  mayoi 
i  not  there? 

Kyley.    I  have  known  many  sworn,  I 

but  I  caun(»t  tell  whether  .1  ever  knew  bu 

the  neiv  niavor  was  sworn  before  the  old  no 

L.V.  J.  I'hcn  when  Edge  gave  Greav^ 

oath,  %«-as  tht:  old  mayor  there  '^ 

Ryley,  He  was  iu  tlie  room  when  h< 
chosen. 

L.  C.  J,  Was  he  there  when  he  was  s 
or  when  he  was  going  to  be  sBom  ? 

Rylcy,  They  would  not  abide  tlie  plao 
went  awav. 

L.  C,  J.    But,  prithee  friend,  don't 
thou  art  upou  thy  oath ;  was  Wild,  th 
inayor  there,  when  they  gave  Greave 
oath? 

Ryley.  I  douH  know  exactly  the  nai 
when  he  went  away,  but  he  was  there, 
thev  voted  him. 

L  C.  J.  Thou  art  a  prevancsting  shi 
fellow. 


m 


STATE  THfAIA  36CiiAliLBS  IK  iSs^.^and  others,  far  a  liiof,         [88 


■M^  fli^seiribr  til  fU«»  tii^ci  tnil  couatry. 
li.  C  /.  *8|Mftk  l)i0  nutlii  ntaiit  Aot^  nrn^f  er 

i^»  vvtiB^i  *l>*t  ^^  tit  tri^tit  11  wa^^  I  donH 

L  C  i     H'li  lie  IhCTT  fHicn  Greav«  was 

%%.  I  cma^t  Ids  tiiAl,  if  it  fXea&e  y6%k\'  bo- 

Vr   FkiwmeU^   My  Um)^  I  deiti^to  aslc  tiirn 

Bat  Hm  SHdi  wmiH  Answer  ft  (lues- 

«!.  jfaUtewy.    t  Mb  stiks 

ymy  e»fM'i€%n^  lis. 

*    Ftrrr^ft.    BIj  Jui^j,  1  tlt^iic  to  ask  bbu 
p«  the  lM*ttavt«tir  of  the  cotupany  atl  the 

inj  iv«rc  there  in  thi^  cQuncU- house  ;  wis 

ay  tomrtisDce  Uirre  f 


LCJ   I  Bile  jfnu  ngoi 

I  nmir? — R^/rv.   I  he«4n1  i>oci«. 


ic  y^no  ngain.  was  thcn^  no  pro* 


b.  FarvMr/i.   Dtd~yo*ii  tJike  notice  of  Hey- 

ild^.    If#  iAii^ltt    le  Uiere,   for  oufbt  I 

ttr.  Tmrmtiln     Do    y«ti  ItcKeve  he  could 
■lift t  ^nidHMisoiLf  ft0<J  you  not  hear  it  i* 
%l|.  9i»  I  item*!  IffKtw  hr»w  he  shouM, 
■E  iWUiw.     Call  ThoiTiHii  .^luxio^v  mt\ 

^m^W^m.  l|Areyotiiiiiyniot« witnesses, 

Vf .  fi4i^ai     U>  l^iftVc  iiiniis  tny  1oni|  if 

IJML   W«r«  ym  of  a 

'  V^tf  A»  inwn  fC  Nottttighaiiii  MidiHf  Itnfts- 
"  ri»i  U<lvi«-  mr»Trth  ? 

Iliiin.    1  1^  chureh«  a<»  the  cus- 

^Wl  lAfcf    ,  I'  cx;>€)cl«tl  to  go  to 

iC  J.  Ay,  |irith4*e  ftpi^al:  otit  «s  if  thou  wast 
I ;  ycrti  woahj  Utii'e  shouted  thcn^  f 

WImo  ^e  wrr*  al  O'^  -'Unt*  h,  vre 

s^  <»yectiiig  to  have  and 

if  llic   ootiUMnV.   f>  the 

;  lA  t  1  cu!5toni. 

;  &lr.  Y«U1la^  >4  the  4^leetion 

-diay  VjUb  t  tih  j  pray 

I  hav  tSKRir*  wr*"  »••'  f 

kdUr      1        T  ad  It  came  to 


;rd  the  Section  P 
Tna«'tK|i»estJoii^ 


.Jii^      It  . 

»et 

J  iPi^     -  !  .  1  ii  »ot«  there, 

„ I;   Dt  you  kooir  auy  thing  of  this 

I  Inmw  liirfv  WM  ft  (air  election 

JKmiAm.  Wa«  fct  ixicfiMe and  qma? 
ifA».  YW,llKf»inilidtliilfitittnt'«;  at  aii 


1^1  r.  St  an  hope.  Was  there  no  »houtinj;  ? 

Mntkm.  N<>  shootluj^  that  1  hcnnl 

Mr.  Halt.    You  were  in  the  vmcv  room, 
wepetiot  jon? 

Musloti ,  I  was  in  the  coiincH-houiie, 

Mr.  lloU.  Were  yoti  k^ot  in  the  hall? 

Miixl*mf,  I  wuB  in  the  IiaH,  ak  ive  MtiitouL 

X.  C.  J.  Dill  you  hear  nothing^  ofiTjing  out, 
A  Greaves,  a  Greavci?  * 

AfuTiow.  N*v  I  can't  remember  that, 

L.  C.  J.  Wtre  you  iheni?  wben  Great cs  wa»l 
sworn  ?  J 

Muxtow,     Yes,    f    was,    wlien    AWertnaOj 
Greares  was  sworn. 

£-  C  J.  Was  you  there  when  the  maee  wai  ^ 
taken  away  ? 

Muxlow.  ^fo,  my  lord,  1  wtts  not. 

1"  C,  J.  Who  swore  the  mayor  ? 

Jlfwjr/wr,  One  ofthecoroiic  1*13, 

X.  C,  X  Was  the  oUI  mayor  there  when  ih*  \ 
new  mayor  was  sworn  T 

Mnxlom.  I  can't  tell  dint. 

JoBt.  Withtm,   None  of  them  can  tellthaCiJ 
or  will  tetl  it. 

3Ir.  PoUexftn.   Swear  Burroughs  and  Par- 
ker. '  [Which  was  done.J^ 

Mr.  Lovtil.  What  is  your  uame  ? 

IiHrroiu^K$,  Mv  name  is  Burroug-hs. 

Mr.  Lcvell.  Were  you  present  on  Michael*] 
mas'day  at  the  electiou  of  a  mayor  of  Not- 
tin«fham  ?  . 

Bnrtvughi,  I  wau  one  of  them  that  were  ftil 
thii  hu!l  ;  when  I  was  in  iho  hall^  there  camii  T 
a  gpeiitlenmn,  one  of  the  eotinc:)l -house,  and  ac- 
quainted Mr.  Wild,  the  present  mayor,  thalj 
the  biir^esaes  had  elected  Mr.  Greaves  mayor, . 
and  tfie  coroners  were  proceeding  to  swear  1 
him,  and  asked  him  to  come  ana  hii'nr  hitii  [ 
sworn  ;  nnd  he  said  he  could  not  come  pre- 
sentlVt  they  must  wail  a-while:  he  was  a«ke(l  j 
liow  lone,  he  lold  tliem  by  and  Uy  ;  w  ilh  that,  i 
»omeb*iffy  cried  out,  A  Ureftves,  A  GrcavcS|j 
and  there  W}\s  a  great  shout. 

L.  C.  J.  Where  was  that  shout  ? 

BuTTuughs.  lu  the  hall ;  but  then  the  gfeti- 
tlemen  were  tn  the  council-houEc. 

-Mr.  hlrncoK!.  Where  was  Mr.  SachevereUj 
then  ? 

MurroMghi.  He  was  in  the  council- house. 

L,C,J,  Well  said:  now  yoa  have  made] 
this  ltd  low  trwear  through  a   wall,   that  your  * 
other    witnesses    could    not     hear    tbrouf^h. 
Prithee,   friend,  were  not  tbou  one  of  thai 
clotliin^  ? 

Burfovgh*,  No,  my  lord,  but  I  was  a  bur- J 
gpeia. 

X.  C.  J,  What  did  you  do  there  ? 

Burroughs.  There  were  other  burgesses  ttOt  j 
of  the  dothiug  betsides  nie.  ^  J 

Mr,  Holt.  Come  then,  our  next  witoefts  it] 
John  Parker, 

£.  C,  J.  Reynolds,  did  you  see  this  felltyw] 
there,  was  he  one  of  tlje  shouters  ?  I 

JUynoldi,  Yes,  and  he  dmi^  up  hi«  hat  ibuftt  1 

L.Cr  J.  Were  you  one  of  the  shouteis  ? 

BurrmteJu.  I  cannot  my  I  did  not  shout. 

X.  C.  X  Old  you  fiing^  up  your  bat  ? 


87}        STATE  TRIALS,  S6  Chabibs  II.  1684.— Tria/  &f  Wm.  SadmertU, 

Burrougha.  No,  I  did  not. 

L.  C.J.  Did  you  do  it  over  vonr  bead  ? 

Burroughs.  It  may  be  I  niigBt. 

Just.  HoUoway.  Tf  ere  you  by ,  when  Greaves 
was  sH'orn  mayor  P 

Burroughs.  No,  I  was  not, 

BIr.  Holf.  Well,  what  say  you  to  this  matter, 
Parker? 

Parker.  Gcmg  by  the  street,  I  met  ibe  new 
charter  coming  down,  Reynolds  brought  it ; 
so  I  turned  bade  SLgsim  to  the  mayor,  and  after 
he  had  received  it,  pray,  says  he,  go  up  and 
tell  Mr.  Sacheverell,  and  some  of  them,  that 
thev  win  come  np  to  the  church,  and  if  they 
will  but  stav  there  a- while,  we  will  come  to 
them :  so  I,  and  another,  and  two  or  three 
more,  went  up  to  the  church,  and  told  them 
the  mayor  would  come  and  wait  upon  them, 
and  bniig  the  new  charter  ;  upon  that  Mr. 
Sacheverell  looked  upon  his  watcb,  and  staid  a 
considerable  while,  and  lookcxl  again  upon 
his  watcb,  and  I  heard  him  say  he  had  staid 
above  an  liour,  and  presentlv  a  message  came 
from  the  mayor,  desiriug  them  to  come  down 
to  the  Towu-hallto  wait  upon  the  mayor. 

Mr.  Stanhope.  Who  did  the  messenger  direct 
his  8j»ceeli  to  ? 

Parktr.  I  suppose  it  might  be  to  alderman 
Kdge  and  scgcaut  Bigland.  Says  Mr.  Sache- 
verell, we  will  ffo  down,  and  see  what  they 
;uiy  to  us  :  so  tfiey  went  down,  and  we  went 
with  them  ;  they  got  many  of  them  into  the 
council-house,  but  [  could  not ;  so  I  stood  in 
the  hail,  and  waited  all  the  while  the  gentle- 
men were  in  the  council- house  ;  then  there 
came  out  alderman  Hijppon,the  mayor,  and  Bflr. 
Mulin,  and  by  and  by  ailer  them,  alderman 
Parker,  out  of  the  council- bouse,  and  sat  down 
upon  the  bench  ;  Mr.  Malin  had  not  his  mace, 
and  he  was  ankcd  where  it  was,  and  they  said 
they  had  it  in  the  council- house:  so,  said  they, 
you  had  best  have  u  care  of  your  sUilf ;  no, 
said  he,  before  they  take  my  staff,  I  will 
break  it  over  tlieir  pales  ;  and  by  and  by  they 
proceeded  to  swear  Wild  mayor,  aud  they  uerc 
about  to  give  him  some  of  the  oaths,  I  suppose 
of  allegiance  and  supreinacy  j  but  before  he 
said  any  thing,  tliciv  came  two  of  the  council- 
house,  and  iold  him,  they  had  elected  JTr. 
Greaves  mayor,  :md  desired  the  mayor,  and 
the  rest,  that  they  would  please  to  coino  and 
hear  thim  swear  the  mayor  ;  he  said,  he  could 
not  come  ;  but  come,  coinc,  says  he,  we  will 
go  o;j,  jin-1  upon  this  they  proceeded  to  give 
Mr.  A. Merman  Wild  the  oath,  and  when  they 
had  gone  half  way  in  tlic-  onlli,  somebcMly 
came  and  iTic<l  out,  they  woi*e  sweating  Mr. 
Givaves  mayor,  and  upon  that  both  parties 
gave  a  shout,  and  one  cried,  A  Greaves  !  A 
Greaves !  and anotlicr  nicd,  A  Wi'ul !  A  Wild ! 
And  upon  this,  alderma:i  Nippon  had  the  new 
charter  hy  him,  ami  he  took  it  out ;  look  you, 
said  he,  we  do  nothing  hut  by  authority,  we 
have  his  ma jrsi.y''i  order,  and  the  broad- seal, 
and  Uicreupon  sat  ilown  again  ;  but  somebody 
told  him  it  was  commonly  reported  they  were 
deprivetl  of  their  privileges  ;  he  said,  it  was 


not  so,  if  it  was,  he  would  forfeit  his  hi 
his  estate :  upon  that,  they  proceeded  1 
Mr.  Wild ;  the  burgesses  gave  aoothei 
but  not  so  big  as  the  other  ;  with  that  a) 
Parker  went  out,  audi  think,  cried, 
a  not.  They  sat  a  little  longer,  and 
desired  to  send  tor  alderman  Parker  a* 
said  they,  he  won't  come,  and  so  the 

Sered  a  little  upou  the  bench,  and  ^ 
own  the  street,  and  I  went  down  the  I 

them,  and  in Street- Gate,  they  i 

alderman  Parker ;  and  he  was  cominf 
hall  again,  and  he  turned  back  to  the  i 
and  1  went  to  the  council -hottse ;  but 
hear  nothing,  only  that  afVerwards 
mayor's  tht  y  called  the  gentlemen,  an 
them  according  to  the  new  charter. 

I..  C.  J.  Were  you  one  of  the  electc 

Parker.  No,  not  I ;  I  was  not  cono 
anv  side. 

Mr.  Pollexfen.  Were  any  of  the  dei 
Mr.  Sacheverell  or  Mr.  Gregory  at  th 
inginthe  hall? 

Parker.  Not  that  I  know  of. 

Mr.  Farewell.  He  says,  my  lord, 
mayor  sent  to  Mr.  Sacheverell  and 
come  from  church. 

L.  C.  J.  How  do  you  know  the  ma 
to  Mr.  Sacheverell? 

Parker.  My  loi*d,  they  directed  thei 
to  the  persons  that  were  there,  1  cann 
say  to  whom  in  particular. 

L.  C.  J.  It  has  been  sworn  they 
their  speeclito  alderman  Edge  and 
Bigland. 

Parker.  They  told  it  when  Mr.  Sai 
was  present,  and  so  he  went  down  wit! 

31r.  Pollexfen.  But  this  appears  by 
dcnce,  that  the  Old  Corporation  is  by  tm 
mayor  and  burgesses,  but  we  know  4h 
aldermen  since,  and  so  it  is  according 
as  it  is  laid  in  the  information  ;  but 
put  in  their  new  charter.  [Which  v 
and  read.] 

Mr.  Pollexfen.  Is  there  not  a  prov 
that  the  mayor  should  not  act  till  he  hi 

L.  C.  J.  Admit  it  be  so,  what  then 

Mr.  Pollexfen.  Then  it  follows  that 
be  not  guilty. 

L.C.J.  How  so? 

Mr.  Pollexfen.  It  is  plain,  my  lord, 
man  should  not  take  upon  him  the 
mayor  till  he  has  taken  the  oaths  ;  tl 
pose  they  take  it  tluit  the  old  charter 
by  this  there  is  no  new  mayor  till  ! 
tually  sworn  ;  then  all  these  things  b< 
before  lie  was  sworn,  it  cannot  be  that 
such  an  assembly  as  was  laid  in  I 
maiion. 

L.  C.  J.  You  mistake  yourselves  s 
proclamation  was  afler  the  swc^ariog. 

Mr.  rollesfvn.  No,  no,  my  lord,  ] 
mistaken  in  that. 

L.  C.  J.  Reynolds,  Was  not  the  p 
tion  madeaf^er  he  was  sworn  ? 
Retinoids.  1  cannot  tell,  my  lord. 
L.  C.  J.  M'here  b  the  mayor,  Wil 


STATE  TRIALS,  36  Charles  U.  l6Si.—aHd  otker$./of  a  Riot, 


[90 


jtm  9i«orn  befoire  you  gave 
prtK-lftmntion  to  depart  or  no  F 
certainly  tell,  but  I  lliiok  the 
^as  made  in  the  council- 
iMwasbt^yrel  wa«  sworn  ;  the  prO' 
■  mAcntmfds  was  allfer  1  was  swum, 
ln^.  Where  WHS  the  proclamation 
as  r«rorti  f->  Wild.  In  the  halL 
Dill  Mr.  SachcTcrt'U  continoe  there 

!,  wiy  loni,  this  I  think 

Icnce :  in  the  countiU 

'  the  greater  jiart 

i\   then   ihcy  uent 

^ ;  und  they  setit 

mayor,  when  h* 

-i  was  electcsil,  and  | 

111  to  swear  him,  but  he 

iras  dune,  lie  wns  not 

ipon  thiDi,  there  wss  the  siiout  of 

Greavi^  !  A  Greaves  I  All  this 

k,  U  tore  he  was  sworn* 

The  major  htiuself  says  he  was 

I  was  just  come  into  the 
;  iues9en|ter  came  in  ;  hut  I  told 
Bid  Diake  no  ucw  election  without 
K^/M«iicn  of  the  new  charter. 

i  as  to  the   htjsine&s  of 

,  itarinBtion  will  not  hohl 

,  because  then  he  wns  not  mayor. 

"  (Iocs  not  allect  the  mayor  but 

'"csnot. 

; .  mv  1^1^,  »«  this  infor- 
kid^  be  :>uys    ne  was  mayor,   nod 
wmtbly,  ami  it   wa^t  hi- Id  before 
liopT*  ^ere  done  j    but  this 
by  this  vcfy  new  ehatier 
!lure  he  can  act,  and   this 
In^^    OS  tliey  call  it,  anil 
mace   was    before  he  was 
[brmaiion  supposes  all  llie 
he  was  nmyor. 
I  think  it  does  upprar  by  Wild's 
bt  be  was  not  sw  oi  n  when  procla- 
~  io  the  I'oiincil  chamber;  nm! 
but  one  prorhunation  made 
ule  Jilicr,  and  ibat  \mi% 
siihniission,   that  doc^ 
m  wnc  in  thecouiicil-cham- 
id  not  hear  the  proclamn- 
ifbrmaxion  is  laid,  that  they 
the  proclamation ;   tht^rcfoic 
it  to  \f»ur  liuikliip  and  ti.e  j(iry. 
ell  then,  g<>ntlrnirii  of  ihcjiirVi 
»eld  |nntr»  b"t  i^'f  •[  r^ti.in  is  very 
tsan  !  by  >lr. 

Cicncnil  ,  which 

ilar  ntuue^  uvts  iiy  same  ui'  the  wit- 
'orn  to  be  present  when  the  occasion 
ariaep 

.  Pray,  Jtiy  lord,  giirc  m^  jour 
is  ooc  of  the  defeudanlK  cayy,  he 
t**  prove  be  was  not  Uier« ;  it  is 

Is,  upon  your  oatii,  ifwi  you 


Mr 


R'j/noids.  Yes.  I  did. 

Just.  Withem*  Mr.  Mayor,  did  you  see  him 
there  ? 

Wi/d.  Yes,  I  saw  him  in  the  hall. 

Just^  WtthtTU,  Was  he  busy  in  the  ball  ? 

Reynoidt.  Yes,  he  was  shaking  his  bat,  and 
sboutmg. 

L.  C.  J.  Well,  now  where  is  your  witness  ? 

Mr.  PoUesfen.  Swear  Mr.  plaits.  [Which 
^vasdonc]  *W hat  say  you,  was  3Ir,  Turpin 
there  f 

F{mtt,  He  was  iu  the  hall  that  day,  but  not 
above  a  quarter  of  an  hour, 

L.  i\  J.  You  were  thtre,  it  seemv,  pray  had 
you  a  vole  there  ? 

FiuU%.  I  went  to  speak  with  ^tr.  lurpin 

3lr.  Polk jj en,  >Vus  lie  in  the  halt  when  the 
mayor  came  into  the  hall  I* 

i'lniti.  I  never  saw  him  there  while  the 
mayor  was  there. 

Sir,  Poltexfen,  I  pray  swear  Mr*  Holt. 
[Which  was  done]  Prav  was  Mr,  Barker 
either  in  the  hall,  or  in  tbe  council-chamber 
that  day. 

Holt.  No,  I  was  at  work  with  him  that  day 
from  six  of  the  clock  in  the  morn*  oji;^  till  eight  ct 
night. 

L.C.  J.  And  he  was  not  out  all  the  time  ? 

Uok,  No,  be  was  not. 

h.  C  J.  Well,  have  you  done,  (gentlemen  ? 

Sue  ft  ever  eli.  My  lord,  here  is  Mr.  Serjeant 
Bi^land,  1  deMrtiheioay  he  examined. 

L.  CJ,  Ay,  with  alfmy  heart,  Hwearhim. 
[Which  wijs  done  J 

Mr.  PaUfrjhi.  Mr,  Serj.  Big^hmd,  I  think 
you  were  down  ut  the  elect iun  of  this  mayor 
upon  Michaelmas  was  twelve- month  ;  will  you 
be  plcu  >chI  to  tell  the  court  and  the  jury  wliat 
vias  do  lit*  ihun  :' 

8erj.  Btfiltittii.  I  will  ijive  you  as  short  an 
account  as  I  can.  I  was  in  my  house  when  the 
ma)  or  and  aldermen,  sent  to  me  to  desire  me 
to  Jive  my  attentlance  :  they  sent  the  two  she- 
rills  to  me,  and  I  did  attend,  and  staid  an  hour 
ortwo,  and  w**nt  to  church,  according  to  the 
iisiin!roMrse  ;  and  wbcji  we  had  been  there  & 
while,  alderman  Itippon  camt*  to  uie,  and  dc* 
Kired  me  that  1  wmihl  tz^t  t^nvn  with  them  to 
the  hail ;  accordingly  I  did  |^o  down,  and  there 
was  Mr.  Wild  and  several  aldermen  sat  there;  \ 
so  then  they  prorcjcdcd  to  that  that  was  done 
towards  an  election, 

Mr.  htvttf,  Piay,  Sir,  how  was  their  car- 
riagfe  during  the  linic  you  was  there  ? 

Serj.  Bi^iaud,  I  sat  then  iu  the  council- 
chamber,  1  think  I  sat  neict  the  mayor,  jinfl 
Mr.  Edj;e,  I  think,  wa^  next  to  nne,  and  I  saw 
nothing  of  disorder  ai  that  time,  that  I  took 
notice  of 

Mr.  Loveil.  Was  there  any  proclamation 
made  for  people  to  depart  f 

Nerj,  Higinnd.  Upon  the  oath  that  I  have 
taken,  t  do  not  remember  it. 

L.  C.  J.  Pray  did  the  mayor  ask  youi*  advice 
about  any  thiujSf  ? 

Serj.  Higinnd.  Yes,  ray  lonl,  be  did  ;  and  I 
fiaidto  hint,  in  what  ca(»acttyf  i^ir,  do  you  denre 


SI]        STATE  THULS,  36  Cuablbs  II.  \6^4.^W0i of  IVm 


my  counsel^  as  recorder,  or  how  F  and  m  be 
«ud  no  more  to  that :  hut  he  s*«d  lh«re  whs  u 
new  chiuter,  but  whether  he  desired  mc  to  read 
It  or  no,  1  cantiot  telL 

In.  C.  X  Was  it  opened  ? 

8erj.  Bigland,  Some  pnuiof  it  was  opened. 

L,  C,  J.  Upon  your  oath,  did  yoii  hear  Mr. 
Sacheveretl  apeak*  to  the  mayor  r 

$eij.  Bigiand.  No,  my  iofd,  I  do  not  re- 
memher  any  such  thin^. 

L,  C*  X  Pray  let  me  otk  you,  you  hafe 
beeni  before  tliis,  at  etcdiaiia  i»f  mayors  of  this 
towo? 

8er).  Bigtand.  I  wok  deputy- recorder  in  my 
lord  marquiii  ol*  Dorchester^s  time  ;  as  soon  as 
be  was  deadf  1  was  chosen  recorder^  and  then  1 
wasat  one  election  at  another  day,  when  they 
do  Qominatef  which  is  before  Michaelmas. 

Mi\  Holt^  Pray  Sir,  was  there  any  distur- 
bance f — Serj.  Bighnd.  None  that  i  saw. 

I^C.J.  Waa  ihefie  any  shouting  that  you 
li«ard? 

Setj.  Bigiand.  I  was  not  in  the  hall,  my 
lard ;  In  the  council  *ch amber  there  was  none, 

J  oat.  Holhm€y.  Did  you  hear  any  body  cry 
A  Groav^es*  A  Greavea  ? 

Sen.  Btgiand,  1  heanl  a  noise  in  the  bail, 
but  wtiat  it  was  particularly,  I  cannot  lay. 

Mr.  HqU.  How  long  did  you  stay  in  the 
eouncil-ehamber  ? 

Set}.  Bigiand,  I  believe  1  ^id  as  long  as 
moti  m  the  company  was  there. 

L.  C.  X  Did  you  stay  while  Greai^es  was 
aworn  P 

Serj.  higland*  My  lord,  1  believe  I  was 
there  Ihenr 

L.  C.  X  Pray  what  authority  had  yon  to 
iwear  Greaves  f 

8er).  Bigiand,  All  that  I  know  of  it  waa,  he 
was  iiominated  at  August  accortlingf  to  f!u<»lom. 

L.  C.  X  But  whul  occiiJ»ion  bad  you  tw  be 
present  tbtn,  and  what  authority  bad  you  to 
awear  him  ?  You  are  a  gentleman  of  the  long 
robe,  and  t.bould  have  known  bett^-r. 

Serj.  Btgiiind.  Truly%  niy  lonl,  he  was  cho- 
aen  by  those  that  had  a  right  to  choujw  in  Au- 
gust before. 

L.  C  J.  But  what  authority  had  you  to 
awear  him  ?  Why  did  aot  y^H  send  for 'some - 
i  body  out  of  the  streel  to  awear  him  ?  I  reckon 
it  to  be  worse  in  tbose  people  that  understand 
tbe  law,  than  in  others,  that  they  should  be  pre- 
saot  at  aurh  things,  and  not  advise  people  bet- 
ler  ;  here  is  aerfeaut  Bigiand  and  Mr.  £dge 
have  mighty  squeamish  stomachs  as  to  the  read 


'  intf'of  the  charter,  and  nice  questions  i  Do  vou 
aik  me  as  liecorder,or  aa  counsel  f  B«t  tHey 
would  have  done  welt  to  adviae  peapla  to  maJ- 
die  with  thdr  own  bumoess;  let  my  brother 
take  that  along  with  him. 

Mr.  Polkxftn.  Pray  awear  Mr.  Edge, 
[Which  was  done,] 

I^dge.  My  lord,  I  did  not  swear  him. 

Just.  Hollawa^.  Prav  who  took  the  poll  t 

Edgf.  1  took  the  poll. 

JuM.  Witkim*  Pray  did  you  ever  know  a 
jikiyorswora  when  the  old  laayor  was  not  by  f 


Edgt.  IdtdnHtbem  so.     Mr. 
and  the  «th«r  gentlemen  would  have  gotten  i 
to  poll  In  tbe  v«3rtrv   in  Ibe  ah*teT)^t'  Af 
may  Off  but  I  told  item  I  woi^d  not  hare  i 
such  thing  done ;    atid  whmi  the  old  may 
went  out  of  the  council- chambei%  they  wo 
have  had  me  read  the  oath.     Hatrl  I  ^  gentlef 
1  will  not  swear  him  but  in  the  nmyor^s 
sencc. 

Mr.  Ward.    Did  not  Mr   BaehevereH 
tbeni  all  the  day  ? 

Edge,  He  was  among  ns  all  the  day. 

Mr.  Ward,  Did  he  ]>ernse  the  charter  f 

Zdgr,  I  can't  tell  that 

X.  C.  X  They  that  once  heofin  first  to  I 
the  water,  seldom  catch  the  fisli. 

Mr.  Huickinmn,  My   lord*  I  desire  t 
ask  Mr.  Edge  one  question,  whether  I  wai 
sent  to  the  mayor,  and  did  not  go  myself? 

Edge.  Upon  the  best  of  my  knowledge  I  < 
not  send  you  to  the  mayor. 

L.  C-  X  I  thought,  IMr.  Hutchinwjn,  ^ 
had  been  a  man  of  greater  quality  than  to 
of  his  errands.     Have  you  douti,  geiilleaieni 

Mr,  H<iit.  Yes,  my  lord. 

L.  C.  X  Then,  gentlemen,  as  I  said^ 
an  information  against  several  jteri 
shall  have  the  nameK  of  them  deliierr^d  I 
and  it  is  for  a  hot,  an  unlawful 
Nottingham ;  and  though  there  are  ( 
that  have  been  «[ioken  of,  and  two  piteeais  j 
evidence,  yet  1  must  tell  you,  fUtitlbll 
that  does  afTect  these  persons  b  onlylbllfiH 
does^  relate  to  Midiae Unas- day,  aoi  i^ 
other  part,  about  the  cross,  is  not  tufEij^iMd 
this  information  ;  and  persons  that  wt»n  ftnt  ftt 
tbe  cross,  but  that  were  not  put  at  tlie  ball^  ar* 
notooncemed  in  this  information  :  Uiit  alK  il 
appears,  were  concerned,  except  one,  whieb  i^ 
Humphry  Barker  ;  now  tlioiigh  lie  waa  f  ~ 
piof  .lud  jumping  upon  the  croaa,  jet  not  h 
preseut  upon  Michael  mas<  day,  be  is  not  t 
this  information. 

And  now,  gentlemen,  hecaiiae  tbe  ettu 
hekl  something  long,  I  shall  be  tbe 
Only,  for  example  fiake,  there  ane  some 
that  oughf  to  be  taken  notice  of.     The  right 
the  charters,  whether  it  be  the  new,  or  the 
charter  tliat  is  to  prevail  in  {wmi  of  law,  is  i 
a  question  :  that  is  not  to  be  deienntnoil  in  f 
cau«e  one  way  or  another,  for  th«y  baw  •  ] 
thodical  way  to  have  that  point  de 
and  should  not  have  proceeded  in  the  %vay  tb 
went ;  and  it  is  pretty  well  known  they 
proceeded  in  that  way  too,  for  we  knon"  ' 
are  8dre  Facias^s  and  Quo  IVarrani(>*a^ 
ing  between  them.     They  would  bave^ 
well  to  have  pursued  the"^  legal  course 
for  I  hope,  we  shall  never  live  to  tsee  thai 
prevail  in  England  which  is  callcfl  club-la^ 
Let  the  right  be  ne^'t;r  so  mocb  on  their 
they  ought  to  take  a  rightful  way  to  ob 
and  not  by  any  unlawful  means. 

Another  thing,  gentlemen,  is  this  ;  tbey  i 
sist  u]>on  tt,  that  tney  could  not  he  guilty  \ 
this  information,  because  the  mayor  waa 
sworn.    It  is  plain  they  axe  guilty  of  » 


STATE  TRIALS*  36Chaelks  U 
mamt  till  lyuythor  wii«  cKosen.  i 
jbrty  %<  liie  olfiohan«r; 

L  iicil  ttire»r  bitu  bv  any   f>r«((^n€4' 

1^  w  of  a  %ery  grtAt  fiiull, 

lie  i'.-    ■     .  "^ 

tlit*^  iie^deil  not  to  li&%e  ^nthen^ 
itito  an  aiMriiibly  about  i\m  tuatU^- ; 
thev  preteod  to  be  a  niaj  or  had 
cbosen  niayor^  they  htid  j»  n*- 
have  brought  bim  iuU>  thts 
migUl  have  come,  anti  of  i  ight 
A  Mandanms  in  admit  mid 
the  office,  atid  fio  lie  nm^t  liave 
jor^  unless  they  had  shewed 
the  coQtrary. 
^  Uicrp  b  no  richt  but  has  a  law- 
tbercfufv  it  had  been  much  better 
'gentiemeti,  if  they  liave  a  ri^bt,  to 
»  m  a  rigbtful  way  to  obtain  that 

!•  beisig  premised,  1  must  tell  ^'ou,  it 
I  BltHtunale,  concern  it  whom  tt  will, 
Iraoge  to  me,  that  men  in  matters  of 

wlMfe  they  have  notliing  to  do, 
mCry  gentlemen,  that  never  came 
mm  an?  election  before,  that  they 
■M  to  busy  themselves,  and'  head 

they  huve  nothing  to  do ;  nay, 
ol'precmnt,  for  it  wiu 

M  it  Wis  only  to  satisfy  their  ciirio* 
tteoMiiner  of  the  election,  the^  hod 
f  llio«i  and  patient  and  quiet,  it  bad 
'  \^i  but  to  be  there,  and  to  de- 
pl»  to  be  sworn,  and  calling^  people  to 
9  and  h^ini^  the  mobile*  tlial 
any  roan,  let  him  be  as  great 
Wt^i  tlMi|pioater  the  itiaa«tlie  greater 
tad  the  gretter  bin  Muence,  the 
and  the  grester  onght  to 


^Mtl6in«n»  to  have  those  other  fier- 
there,  Mr.  HntcihinBon  iind  Mr. 
ley  must  be  dnnandinir  of  the 
and  swear  ;  pray  what  have 
tiiere? 
>  you  see  the  consequences 
to  that  heig-bt  in  the  midst 
;€Dd|iapulmia  town  of  NottinirliaiTi, 
^boAMging  up  hats,  and  liollow- 
d  mftkinyf  ail  the  distur- 
m  in  tlie  woHd  ;  n«y,  in* 
lay  observe  by  one  of  tlie 
igi  tb«  very  senl  wn?:  hrnk«n 
ehart^.    Wiy,  l<  nt 

that  whereas  i'..  a 

.  that  d<»th  ImIiii-;  lo  the 
:  ravislied  it  iiuuVi  and 
Ln«i  take  it ;;  "    iher  he 

inigo;ii  isine«8, 

tbr^f- 

ami 


1684.— 4mi  otheri^for  a  RioL         [ftt 

ifioeiing  of  all  sorts  of  people^  and  all  sorts  of 
disorders  mu«t  be  committed  ui»der  pretaoce  oIt 
this  autliDnty  ;  which  is  setting  up  a  kind  of 
coitimonweailh,  1  can  call  it  no  better ;  and 
\im\  it  been  such  a  general  assembly,  not  with 
an  ml«nt  for  doing  such  one  parijcitlar  pur- 
pose* it  bad  been  high-treason.  For  if  people 
once  think  to  obtain  tUa  rights  they  pretend  to 
in  a  mutinous  manner,  thai  in  the  general  ia 
high-tnfttson,  or  at  least  so  near,  I  witl  bssuto 
you  it  is  pretty  hard  to  distinguish  betweea 
them. 

Now.  gentlemen,  as  lo  the evidetioe,  I  must 
tcU  you  tbe  witnesses  do  swear»  that  all  these 
pereous  wen;  present^  abettors,  and  assistants 
in  this  matter ;  the  man  that  beaded  tbe  party 
hail  no  manner  of  concern  aoiotig  them  t  and 
surely^  at^er  you  have  heard  all  tliis  matter,  if 
ever  there  was  a  riot  proved  in  this  world,  tbti 
riot  is  plainly  proved  upon  every  one  of  tbes» 
met!  excc(»t  Barker, 

But  whtreas  they  pretend  on  the  other  side, 
and  they  would  have  you  to  beUeve  that  tbe 
sheriff  was  not  sherifrtill  he  was  swom^  torelj 
he  was  sheriff  till  another  wai  twom:  And  if 
you  allow  bim  to  be  sberilf,  then  they  ought 
not  to  take  his  mace  from  him^  if  he  was  the 
sheriff  tie  /flc^o,  in  possession  of  the  ensign  of 
this  olfice,  that  is  enough  ;  lor  the  ri^ht  t9  not 
to  be  determined  in  sudi  a  way  as  this. 

The  next  thing  they  pretend  to  is  this,  a-lack- 
a-day,  there  was  no  proclamation  made  till  after 
he  was  sworn  mayor  by  the  new  charter,  when 
before  he  came  first  into  the  ooaiaKVD-oouDcil» 
the  hubbub  was  there  begun,  and  tbe  mayor 
told  them,  gentlemen,  you  have  notliing  here 
lo  do,  pray  go  a!»out  your  business ;  and  when 
Mr.  Saclievcrell  pr^^ssed  him,  he  ordered  pro- 
clamation for  all  persons  that  had  nothing  to 
do,  to  be  ifooe.  Then  afterwards  he  comes 
into  the  hall,  there  is  sworn  in  the  hall,  and 
take9  his  oath  according  to  tbe  new  charter, 
and  stdl  after  proelamatioti  made;  then  the 
sain«f  persons  oonttoue  still  in  the  same  plaoe^ 
so  that  there  is  no  obedience  frivcn  either  to  the 
old  nuthorit^'  or  the  new  ;  and  instead  of  going 
away  upon  the  proclamation,  thfit  made  thetn 
tbe  more  riolenl ;  for  you  find  by  Mr.  Edge^ 
the  l»*t  wit»ie?is,  that  oVen  to  the  time  of  the 
swearing,  Mr,Sacheverell  eontinuedvery  earn- 
est lo  have  himsworn^  though  Mr.  Sacheverelt 
was  shewti  the  new  charter,  and  tbey^eould 
not  even  by  the  old  one  proceed  to  swear  hi  A 
in  the  absence  of  tbe  old  mayor;  and  tbe  old 
mayor  wns  alisent. 

There  are  indeed  several  genlleBien  that  are 
witnesses  for  the  defsndants,  that  Itappened  to 
be  there  at  that  time ;  there  is  sir  Tlx*mas  Par- 
ky ns^  and  be  being  aaked  whether  he  beard 
any  noise  at  all,  why  tndy  he  forgot  that  there 
was  ever  a  word  spokt^n  ;  and  urmigh  other 
persons,  even  «,i»mft  of  their  own  witnesses,  did 
hear  a   i  lie  heard  Done,  bat  all  was  a 

wonde-  r  thing ;  so  that  the  witBesses 

♦^"*  lilt  y   liir iiif^«tlve><  cJiiled,  interfere atnoug 
Ives,  some  of  tlipm  say  tliey  did  hear  a 
,.^.^.  and  shouting,  yet  $ach  is  the  unhappioesc 


95]        STATE  TRIALS,  36 Charles  il.  l684.— TWo/  of  Wm.  SgekevereU, 

of  floroe  people,  that  they  caaoot  bear  if  they 
ba?e  no  mind  to  it.  Then  here  is  Mr.  Thinn, 
a  gentleman  that  came  by  accident,  and  be 
can  give  no  good  account  of  the  matter :  some 
noise  be  did  hear,  but  be  came  but  as  a  stranger, 
and  was  not  concerned  one  way  or  other,  as 
be  says. 

You  have  beard  several  other  witnesses,  that 
give  an  account  there  was  a  noise,  but  they 
cannot  tell  whether  the  charter  was  produced, 
or  not  produced ;  and  they  cannot  tell  one  word 
that  was  said  of  A  Greaves,  or  No  New  Charter : 
And.one  particular  man,  I  have  forgot  bis  name, 
be  could  not  by  any  means  remember  any 
thing  of  the  matter;  though  be  was  there 
all  the  while,  he  could  not  tell  what  A|r.  8ache* 
verell  said,  he  did  hear  him,  but  not  what  he 
said. 

This,  gentlemen,  is  the  substance  of  the  evi- 
dence: 1  can  only  say  this  to  you,  yon  most 
believe  all  the  witnesses  for  the  king  actuaUy 
pei^iired,  unless  you  believe  their  evidence; 
and  for  what  others  say,  that  they  did  not  hear 
such  and  such  things,  yet  all  these  other  peo- 
ple did  hear ;  and  thoogh  the  witnesses  for  tlie 
defendants  did  not  nee,  the  others  did  see ;  and 
you  must  find  these  men  without  any  evidence 
that  does  appear,  to  be  guilty  of  wilful  perjury, 
or  else  eveiy  person  that  you  have  had  m 
cbaige,  except  Humphrey  Barker,  is  guilty 
of  the  not  wnereof  they  have  been  informed 
against. 

Then  the  jury  withdrew,  and  the  court  broke 
up,  and  a  private  verdict  being  delivered  in  the 


night,  tlie  next  morning  it  was  given  in 
court,  where  thev  found  twenty  of  the  tw 
one  defendants  that  were  in  the  issue,  ^ 
of  the  offence  and  misdemeanour  in  the  i 
raat\on ;  an<]  the  other  defendant,  Hum| 
Barker,  Not  Guilty. 

In  Trinity-Term  following,  the  Defenc 
who  bad  been  found  Guilty,  were  sente 
as  follows : 

William  Sacheverell,  fined    -    '  500  M 

George  Gregory 300 

Charles  Hutchinson   -     -     .     .  soo 

John  Greaves 20  N< 

William  Gi-eaves 20  Mi 

Samuel  Richards 20 

Robert  Green 20 

Francis  Salmon 5  Nc 

Arthur  Riccards    -----     20  Mi 

Ralph  Bennct  - 20  N< 

JobnSberwm lOO  Mi 

William  Wilson lOO 

Samuel  Smith ^0  Nc 

Thomas  Trigg  -  -  -  -  *  SO  Mi 
Richard  Smith 

John  Hoe 20  N< 

'William  Smith      -----     20 
Joseph  Turpiu       .....  100  Mi 
Nathaniel  C;hamel      ....  100 
Joseph  Astlin 5 

And  that  the  several  defendanU  do  givi 
curity  for  their  good  behaviour  for  a  twi 
month. 


The  Case  of  the  Corporation  of  Nottingham,  as  it  was  sta 
by  the  late  William  Sacheverell,  of  Barton,  esq. 


THE  town  of  Nottingham  hath  always 
dauned  to  have  been  a  bm-ough  by  prescri|>- 
tion.  And  it  cannot  well  be  doubted  that  it 
ba^  been  so  ;  for  that  it  appears  by  Dooms- 
day-book, in  the  time  of  King  William  Ist, 
that  the  burgesfics  of  Nottingham  then  had 
divers  houses  and  parcels  of  land  in  Nottingham ; 
and  the  burgesses  of  tliat  town  were  173  in 
number  in  the  time  of  Edward  the  Confessor. 

That  town  batli  also  always  claimed  to  have 
been  a  corporation  by  prescnption.  And  it  is 
hard  to  believe  it  otherwise  ;  because  no  char- 
ter of  its  first  incorporating  could  yet  be  found  ; 
Kod  the  charters  granted  to  the  burgesses  of 
that  town  by  kmg  Henry  2nd,  and  king  John, 
do   imply  them  as  a  body   corporate   before 


Yet  it  appears  by  the  charter  of  king  Edward 
the  Ist,  that  there  was  no  mayor  of  that  town 
before  his  reign  ;  for  that  he  iben  was  pleased 
to  grant  the  burgesses  of  that  town  a  privilege, 
that  they  then  after  should  choose  a  mayor 
out  of  themselves  annually  ;  and  some  of  their 
former  charters,  as  well  as  that,  shew  that  for 
I  time  before  they  had  only  bailifb  of  that 
From  Edward  the  Ist's  time, 
4 


mayor  and  bailifik  tlie  town  continoed  tifl  H 
6ih*B  time,  who  was  pleased  to  make 
county,  and  grant  them  slieriffs  insteM 
bailiff)!,  and  the  privilege  of  choosing  ou 
themselves  seven  aldermen,  and  one  of  t! 
annually  to  be  mayor  ;  and  that  the  alder 
(as  long  as  they  so  continued)  shoiUd  be  , 
tioes  of  the  peace  within  that  town ; 
nioreover,  that  the  burgesses  of  the  to«n 
Nottingham  should  for  ever  be  a  body 
porate  i»v  the  name  of  mayor  and  burgei 
Nor  hatfi  anv  charter  since,  nor  any  bye- 
that  can  be  beard  of,  given  the  aldermen 
more  power  than  tliey  had  by  that  cbai 
which  was  then  nothing  more  tnan  every  I 
gess  of  that  town  had  except  being  justice 
the  peace,  and  wearing  gowns  andlioods. 
that  the  aldermen,  though  of  late  they  1 
taken  upon  them  to  sit  as  members  of  the  os 
cilofthat  town,  can  neither  prescribe  to! 
|>ower,  because  there  were  no  aldermen  in ' 
town  before  king  Henry  6th's  days ;  nor 
they  claim  to  be  of  the  council  of  that  t 
by  force  of  any  charter,  for  no  charter  «( 
in  Henry  6th^s  tinae,  or  since,  hath  girtt 
them  any  soch  authority,  nor  did  iktej  ^ 


STATE  TRIALS,  36  Ch  ARtBS  II,  iSMj^md  others  Jot  m  RwL         [98 


hy  wirUut  of  wiy  byf -hvr  of 

rtbevrvdmT  •  "^  ''* -.^  UfF, 

lUrf^bl  ofaiUitig  ai  (liefe 

iMfe  MB  ikokxl  in  tb^oHinii  nben 


Hiv  alilffTHicfli  icid«««d  in  kinir  Jam^'t*  time 
Ina,  l^oti^  they  liad  50  rif^t  so  to  do^  to 
tobfftB  cli«tKt  to  bm  put  of  (ke  councit,  untt 
i»  flBvaiMlB  in  Ibit  loivii**  concertifl,  ami  to 
mmtk  to  &r  a|MJci  ilie  burgrsaes,  without 
^■r««i<oln,  •*  •  'i<1  to  Have  a  n|4:lit  in 


of  the  cori>o«iition- 

'■■r.(U^  and    «-ti<xi!- 

Mil  B«iiW 

)  f   so   Im'  111! hi 

iBI^Birlo  til' 

(li^-   ^it*'l»     ti.  ,i(  fr 

•  •clflnij,  tt 

^MMlilMlo  r 

nFTiofti. 

theaiiler- 

«%  «iy  |ir»> . 

,vhich  lh€ 

Ml  if   tbe  \ 

1   lite  eJ^amitia- 

flmtifi^mm%%* 

\  to  the  jtuiges 

yimmiky 

e  end  they 

MM  Wo 

d   bv  Uie 

m^iMBi'^]    mi*  1' 

*.Ud- 

fawlMili^rmlior 

iherr 

fesr" 

...  ^ --,1- 

^l^Mluit 

■  -i-  -  ■   ■ 

■Uduw,  . 

I  L^t  ot  liie 

gjm  iMcbiui 

d   to   that 

HhPNr,  lai-i 

Mieetto  he 

I^^Bil  vC  t 

•s  m  con- 

^K^  nd  r*-ii 

^   ihcir 

[j^  i^«o«l*  *»i^^ 

ihcv 

■■MifllMd   COCivr  ttk 

i   and 

f  the 

^^Hf  BH  imI  c^vcmrDr 

lU    "1'                               ...... 

^^^Mvlbe  iiia_\  «ir  tinil 

Ihv 

PHfavl  Of  f»»  «•"'"      ■»    ♦ 

••'■*■■ 

idMrlff 


Ivrllii*  tfff>^ 


,  vutU  tlitt 

I   beiui^   ut 

.!  1    i»i    thf  iiftid 

'  lie  ttuvn  luTidMf 

,    itiJ 

■  iiirr* 


^triiiJ*)t)-ijn 


» sMl  «mfviiii|pt^  was  vrhoU)'  \tu\i  aaiiie, 


t  mni  hmfgrmt  1  oi 
'  IM<ilPFI  «C  ik^ 


r,  »l^ 


majntaiii,  sustain  iw  itb  tlietr  bodies,  tbcir  i 
aod  their  chattels  u»  their  powt "  "^"*  *'^»'tu  t^^ 
let  neither  for  love  nor  di'«>jid,  xrd  vC 

mny  toan,  but  maiutain  the  la^vi^,  ^  i-tunts, 

and  franchises  of  that  town  :  and  divert  bnr- 
g«ifies  of  that  towTi  being  informetl^  about  lb© 
be^DiUDg  of  Easter-terin  la^t,  that  the  Enavov 
ana  sume  of  the  aldermen  of  that  town  had  a 
dedgn  to  surrender  the  charters  of  that  ciir|K]i* 
ration,  it  was  acaroe  credited  by  any  of  the 
bui^iessei,  thai  the  mayor  or  almost  any  of  tho 
aldenuea  would  consent  to  do  a  things  so  di- 
rectly ijotitrary  to  their  hurgess-oatb.  Yet 
dirers  bureeises  of  the  said  touu  considering^ 
they  had  t&en  the  8aid  oath  for  |ireservin^  the 
npiU  of  the  town,  thouifht  it  hut  convenient, 
tor  the  ]>reveDiion  of  the  ill  consequences  wbick 
they  well  knew  must  befall  that  town  if  their 
charters  should  he  dehvered  up,  and  a  new 
charter  taken  without  the  privity^  consent^  or 
bearing  of  the  bui^esses  of  that  town,  to  order 
four  caveats  to  be  entered  ;  and  accord iii|fly  ia 
Kaster-term  ordered  two  to  be  entered  at  the 
lord  eh  an  cell  or 's,  uod  two  at  the  attomey-j^- 
neral's.     One  uf  which  caveats  in  each  place 

was  ng-nii   *  '1^  any  new  charter  to  the 

town  of  «i  without  the  privity,  con* 

sent,  or  L;, „   -.  ihe  burgesses  oFthat  ti>wu  j 

the  other  ugaiiist  the  acceptinjsr  of  any  aur- 
render  of  any  charier  of  that  town,  without  the 
hke  privity,  consent,  and  hearing.  Which  said 
caveatii  were  entered  accord  in  gly* 

yind  so  the  matter  rested  till  the  !23th  of 
July  last  I  hut  upon  that  day  the  mayor  called 
a  council  without  giviDg  notice  what  the  bu- 
siness would  l>e^  unless  it  wa^  tu  those  of  bis 
own  party  and  confederacy.  But  that  he  had 
thnu^'hts*  of  surrendering  when  he  came  to  thd 
liall,  will  be  pretty  manifest  from  what  be  did 
after  the  question  was  put  to  the  vote,  and  the 
poll  taken:  there  appeared  at  the  ball  Ibo 
mayor  and  tive  aldermen,  and  two  and  twenty 
of  tne  couneilf  and  Mr.  VVilliam  Topfady  (who 
the  laat  yc^r^  by  order  of 3Ir.  Ger^as  Kippon,  the 
then  mayor,  i^as  sworn  m  as  an  aldermaiiftboueh 
Mr,  Hherwin,  who  stood  in  com|)etition  with  Mr. 
Toidady,  had  near  twice  as  many  roles;  upon 
which  Mr.  Sherwin  brought  bis  Mandamus, 
and  the  cause  h  yet  undecided  iu  the  court  of 
King*s- bench).  After  some  busiuesff  iu  the 
hall  was  di^jputcbed  the  mayor  caused  a  question 
to  be  put  for  surrendering  of  ihe  ciiarters  of 
that  t«»wn  ;  anil  thonsfh  it  was  declared  by  some 
of  the  councd,  That  the  aldermen  bad  uo  n|fht 
V}  votrf  therein,  vet  the  mayor  caused  a  poll  to 
be  trtkeii,  ahd  afimiited  them  and  Mr.  Tonlady 
^  nave  only  that  Mr  Alderman  Edge 
d  his  vote,  and  g^are  it  neither  way. 
1  He  rvA  vote<l  as  followetii,  viz. 

For  surrendering  the  Charter. 

Gcr^'an  Wild,  mayor,  Christopher  IJall,  a!*- 
derman,  John  Furkor,  ubb^nuan,  Gervas  Riji* 
pon,  ftldennan,  V^  illiam  Toplady,  ttlilermaWfl 
(ir  f'licto.  Wdliam  I^Iabbot,  Edward  M abbot, 
Wilhiuu  Petty,  Rolwri  Wortlcy,  Hu^rh  V^aU 
ker,  Wiliiitn/ Wool  house,  J otm  Whitby  ^Tht^ 
mas  Lee.  Jobu  fowio. 

H 


99}       STATE  TRIALS,  36  CuARLSd  II.  l6Si^Triai  of  Wm.  Sachmrett,       [100 

AsraiuBt  surreDderin&r  the  Charter. 
William  (irenves,  al(li:Tmaii,  John  Greaves, 
Sajiiud  Uichanfs,  corrnuTs,  Robert  Green, 
sheriir,  Huntiutrdon  Eyre,  Roger  Ryley,  Tho- 
mas Walkfr,  liichanf Smith,  Francis  Sahnon, 
Ralph  B«*Qnet,  John  Sherwin,  Samuel  Smith, 
Thomas  Trig,  William  Smith. 


So  that  if  the  aldermen  should  be  admitted 
to  havu  a  right  to  vote  in  the  council,  yet  here 
uras  no  majority  for  the  surrender.  But  on  the 
contrary,  the  aldermen  having  no  colour  of 
right,  either  by  pi-eHcription,  or  charter,  or 
othcruise,  for  the  nmsons  aforesaid,  to  be  of  the 
council ;  it  is  plain,  there  was  only  the  mayor 
and  uihc  of  the  council  for  the  surrender,  and 
thirteen  of  the  council  against  it ;  and  conse- 
quently that  the  greiiter  part  of  -the  council 
Toted  against  the  surrender.  Nor  can  it  be 
imagined  that  the  council  of  that  corporation 
(being  neither  settle<l  by  prescription,  nor  vest- 
ed in  by  charter,  but  only  brought  in  by  con- 
sent and  choice  of  all  the  burgesses,  only  for 
the  better  managery  of  the  revenui^  of  the  cor- 
poration, and  dispatch  of  some  otlivr  ordinary 
alfairs,  and  nut  intrusted  with  many  rights  of 
thot  town,)  can  pretend  to  any  power  of  sur- 
rendering the  charters  and  liberties  of  that 
town,  more  than  any  small  numlier  of  bur- 
gasses.  So  that  how  this  surrender  of  fourteen 
men  against  the  vote  of  the  greater  number  of 
the  council,  ajid  will  of  almost  all  the  buigesses, 
should  be  good  in  law,  is  not  yet  well  underbtood. 
And  if  the  putting  of  the  town-seal  to  an  instru- 
ment without  the  consent  of  the  body  corpo- 
rate, should  be  said  to  be  sufficient  in  law  to 
give  away  the  lands  and  rights  of  any  l)ody 
corpoiate,*  then  any  thief  that  can  but  steal  the 
cM>r{)onit  ion -seal,  will  have  it  in  his  power, 
though  he  be  no  member  of  the  cor|Mjrution,  tu 
ffive  up  the  lands  nnil  liberties  thereof ;  w  hioh 
mdeetl  would  be  a  ^trange  piece  of  law  and  jus- 
tice to  be  owned  in  any  nation  that  pi-etends 
to  sense  and  honesty.  \et  Mr.  Mayor,  all  this 
notwithstanding,  did,  as  soon  as  the  said  vote 
was  over,  pull  out  of  his  pnrktd  an  instinmcnt 
in  writing,  purporting  a  surrender  of  their 
charters,  and  caused  the  town-seal  to  l)o  affixed 
thereto  without  any  further  vote.  The  draught 
of  the  instrument,  as  it  is  commonly  said,  was 
first  made  at  London,  and  t hence *tr.msmitted 
to  an  honourable  person  in  >iottin:;-h;m)shire, 
and  by  his  order  conveyed  to  Mr.  Mayor.  Jiut 
this  report,  if  it  were  not  for  one  thing,  which 
it  is  l»elieved  will  be  uroved  if  there  be  occasion, 
might  seem  not  well  groun<lcd,  becaiist;,  as  it 
Afterwards  will  appear,  tliis  surrvuder  was  not 
tliougbt  sufficient,  and  ko  another  ^^as  sealed; 
which  yet  one  of  the  aldermen  would  havo  to 
h*  the  very  same,  word  for  word,  with  lliat 
which  wastirst  sent  up  %<.*aletl  to  i^ontlou  ;  as  if 
twice  sealing  would  make  that  ciil-ctual  \ihieh 
was  not  so  by  l)cing  once  s(t:ded.  Hut  it  is 
likely  he  had  not  heard  what  is  n)nniuinly  re- 
porte<l,  and  {lerhaps  will  be  |»ni\«.'d  v«hen*^tii»e 
serves,  that  the  fir«t  iuslrnment  for  suiTeuder- 
ing  that  it  as  sc»ltd>  was  drawn  so  as  to  make 


a  surrender,  by  the  right  honourable  the  eari  of 
Uallifax  and  sir  Iieoline  Jenkins. 

After  the  saiil  vole  touching  the  intended 
suiTender  was  over,  many  of  the  burgesses  of 
Nottingham,  considering  their  oath,  and  that 
there  were  many  customs  and  privileges  in  re- 
ference to  trade,  which  the  burgesses  of  tb* 
corporation  held  only  by  custom  and  urescrip- 
tion  ;  and  that  as  some  of  the  lands  wbich  that 
corporatbn  held  was  by  grant  from  some  of 
his  majesty ^s  royal  pix'tlet^essors,  so  most  of 
their  town-lands,  (which  ai-e  of  great  annual 
value)  were  given  by  pri\ate  persons ;  thought 
tit  to  ask  advice  of  counsel  in  several  |>oint8. 

The  first  question  pro|>osed  to  counsel  was. 
Whether  if  the  charters  were  surrendered,  and 
a  new  one  taken,  tliiil  new  grant  wouhl  not  pre- 
serve the  lands  to  the  corporation.  To  whidi 
counsel  replied,  That  if  the  charters  of  any 
bcKly  corporate  were  lawfully  suri-eudered,  thea 
the  cor|K)ration  that  held  by  such  charters  wm 
dissolved;  and  that  if  they  bad  auv  lands  which 
had  been  given  to  that  corporation,  the  lieicft 
of  those  that  <rave  thohC  lands  would,  as  soonu 
such  surrender  was  irompleted,  be  entitled  tA 
the  lands,  »nd  rfc<»\er  the  same.  And  ther 
said.  Those  laiuls  which  had  been  given  to  sum 
corporation  by  any  of  his  majesty's  predeces- 
sors, his  majesty  uiight,  if  he  so  pleased,  grant 
thtjn  again  urthc  corporation;  but  no'n 


charter  of  his  could,  as  they  conceived,  eiv« 
tlie  corporation  any  title  to  those  lands  which 
had  been  given  by  private  persons,  or  enable 
the  cor{)oi-atiun  to  keep  them  from  the  heiim 
of  those  that  gave  them,  in  case  such  surren* 
der  should  be.  And  so,  they  say,  it  was  re- 
solved by  thejndt^'i's  when  the'monastcrieswen 
surreudtrL-d,  or  dissolietl;  and  that  tlierefon 
a  special  act  of  parliament  was  advised  to  b^ 
iitaih*,  and  accordint^ly  was  made,  to  vest  thoM 
lands  ill  the  king,  there  being  no  otlier  way  t» 
liindLTtliem  IVoni  goiii';  to  tlic  heirs  oftliose 
that  gave  thein,  \«  hen  By  surrender  they  had 
dissolved  those  corp<.' rations. 

The  second  <{iH>st ion  pniposed  was.  Whether^ 
if  the  mayor  uud  luirgi'sses.of  a  corporaiioi^ 
claim  any  right  of  common  by  custom  or  pre*   , 
scription  upon  other  men's  fands,  as  is  in  ths> 
ca.se  of  Sialfoid,  Derh}',  Coventry,  and  maiiy- : 
other  cor|M)rationb,  they  can  surremler  tbcir  ., 
charters,  und  \et,  by  any  new  charter  to  be  e^ 
taiued  from   his  majesty,  or  by  any  mesm^  ,.' 
preserve  their  ns^ht  of  common.    To  which  i  ■ 
was  an&wei-ed.  That  if  the  mayors  and  bui^geiHft  J 
of  any  corporation  chiim  nucIi  common,  udA'  , 
afterwanU  make  such  surremler,  and  so  da* 
solve  the  boily  corporate,  their  prescriptitm  ftt  ,'' 
common  is  destroyed  ;  and  though  his  majes^  '^ 
should  please  to  incorporate  tlieiu  anew,  yal  ^ 

I  their  title  to  couimon  will,  as  they  conceive,  be  .^ 

I  totally  lost. 


The  third  queslion  was,  Whetlier  the  t 
of  Nottingbum,  being  one  of  the  ancientest  c 
IKirations  of  England,  and  free  of  tolls  in  nu^  -^ 
places,  shouhl  have  the  samejprivilegeif  tfaq^*j* 
surrendered  their  charters.  To  which  it  WM'l 
answered,  Tliat  ii   ihe  town  of  KotiiughaiK'.i^ 


STATE  TRIALS,  Sfi  Chabiks  Ih  l6U.^md ciheri.Jor  a  Riot.       f  102 


fh^ff  i*li4t|i*i  ^^ 


^  hhuW  ^ 
i..>   i,.  vv  charter. 


uM  ■ 


iSr;: 


fifa  cor- 

ilie  inajor 
the  sur- 
itim>,  tlie 

n  luch  it 
I  Init  that 


■y  tiir 


^f^l 


und  rxnniinrU  w  itU 

n'1  the  (jurfjt'ssts 

'    wan  by  srverul 

>cf  of  ft^'verat 

t  y  ot' 
'  11  ted  was 


WiiJi,  yHyctx  of  Natttngham. 
^  f»r  rNotttiii:rhmii, 

mr  til  -  that  you  antj 

0  httve,  vvjthout 
:  (Kim  iit^^l^^  am) 

'« to 
rinrl 

till*  •■:        lU       CilUSC 

i<»  au  m- 
ier !  and 

1  ring' 

■         Ik' to 

cuii  lu   u^  ami 

:i   of  ihe  iH>rjH»< 

»ur- 

'  !^ii.ii  an 

rtf  wbat 

nntl  fhnt 


>  Mi   thaft   rnrpaimtinii ; 


*  lt*r»  witJ  r-etiuinly  be  l/»5t,  if  yon  make  such 
•ftiiiTeiictrr    fts  ymi   Imic    ii^Ti-*tl    to.      W^ 

*^  lio    llHTeHiPe    lieneljy   tferlure    onr    dliii^en^] 

*  from    those  your    pn^      '  and    tbaf  1 

*  wti   ortf|i»r  im    iim*   sli  ,    or  h:irf 

i  Q  n.-,..x*..-i  *L  .*  ....^_.  -  ;.  ,,,  ^j  ,y  chiutcr,  j 

*  lilt.  t»f  till*  mrjMira- 

'  tiiiu  Ei»a«lc  tritlii^r  Kyi 

*  y**o,  or  iiny  cfir|)oratinn,  or  [ 

*  other  jieisou  r  -  eviT  ;  andifiat  ^ 
I  *  ivt' vrill  by  u\\  bwiul  wa^-sund  menns  o|H)os^ 

*  and  hiuder  the  suiTondcrins"  or  vaciiling:  of 

*  any  oftbo  dmrters,  riirhts,  Ubcriie?;,  or  pri- 1 

*  vihj^ps  oftliis  corporation  ;  and  that  in  ci^s^J 

*  you  occa>.ion  Iht-  sinTcnd(*r  of  any  of  ibechor- 

*  lers,  rights,  ril>ertit'!«T  or  ])nvileges  of  this  cor-  , 
1  ,.,,^,i;.,„    we  almll  expect  from  you  such  : 

1  all  the  law  will  nWnvr  ns.' 
. ...    turfire^ses  were  also  advised  to  ordcVj 
sind  accordingly  d'nl  order  cavciUs  in  the  nauiL'S^  ! 
of  some  psj*ticolarburi'e«ses,  on  l>cli&lfofthi?nj7 
nvhcs  and  most  of  the  hurgesst'S  of  dip  town^  j 
to  he  entered  at  the  lord  chancellor's,  the  lor  J 
privy -sears  and  in  the   signet'Offiee,   a^ins^l 
sinrrendering  of  any  ot'  the  charters  of  thai  [ 
town  without  the  privity t  consent,  and  hearing' 
of  the  fiaid  burgesses,  and  aipinst  passini^  of  j 
any  new  charter  to  that  town  \%  itliout  hke  privity^  J 
con-wnt,  and  heario"^.  And  the  burgesses  havf  j{ 
had  an  aKConnt  from   their  a^ent  at  London, 
that  he  had  entered  such  caveats  at  the  lord 
chaneellfM''s  and  in  the  oiBi-es  of  the  lord  Con-  ! 
way  and  sir  Leoline  Jenk)  n**,  it  being  com- 
monly reported  that  ihe  bud   privy -seal  ha^J 
deUvered  up  the  privy -seal  to  the  said  air  Lew^ 
line. 

The  burgesses  were  further  adviacil  to  peti- 
tion the  lord  chaacellor  to  l>e  heard  before  unV  • 
Burrender  of  their  chartr  rs  shoiitd  be  accepreJ,  I 
or  any  new  charter  to  that   town  shoidd    past 
the  brcjad  «^eal  ;  and  accordinji^ly  a  Petition  waa  , 
draw  n,  iuu\  M^^iied  by  alxtve  three  hundred  sind 
sixty  biir^csst  s,  and  a  copy  thereof  fairly  en* 
i^t»8$e4l,  uiiti  the  names  of  the  burgesses  that  1 
had  subscribed,  was  sent  and  prestented  to   tb^  ] 
lord  chanwUor  at  Bath  on  Thursday  the  icnih 
of  this  inMant  August.     Which   Petition  wa»  | 
in  thene  words  toHowing",  viz. 

To  the  ri'4ht  hoiiourable  the  Lor^l  Hijirh  Chan* 
ceUorof  Kti^hnd  :  Th«'  hundde  Pli  iTtoH  ] 
of  tin?  limsfes^es  of  the  Town  of  Noihnij* 
ham,  whop^e  name^  are  hereunto  subscrib- 
ed, on  behalf  of  thetrisetve^  and  uaost 
the  Bnrtjtsses  of  thai  Town, 

*  Most  humbly  sheweib  : 
'That  the  town  of  NortinjL,^ham  l»emfi[^a  bo- ' 
'  riJUtifh  by  pres*crintion,  and  an  ancieni  eor|io- 

*  ration  ;  and  the  hur^jesses  of  that  t<»wn  (who 

*  are  a  body  corporate  bv  the  nanieot  inriyorand 

*  burrjrNses)  hir  i  ^    liberties^  ; 

*  ni^liis^  11  ml  1  «bich  th< 

*  pmit  and  cfM  iiom  hii*  ju  1 

*  i>iR  royaJ  pre*  I  id  uniuy  ck 

*  litk^riii'^    iftj  ^, ..   uhich   \\n\    ...'. 

jvtion;    and   divers  j»ci 
^^1  1-  to  that  corporation  of  *d 


103]     STATE  TRIALS.  S6  Chaeles  II.  l68i.— Tm/  offVm.  SachetertU.      [IM 


c  ▼ery  fjeki  auiiual  value :  The  present  mayor, 

<  with  three  or  four  of  the  aldermen,  awl  nine 
«  other  burgesses  of  that  coqMiration,  haveUe- 
«  dared  theydesij^  to  take  a  nc-w  charter,  and 
c  have  taken  upon  them,  without  the  consent  of 

<  your  petitioners,  and  most  of  the  burgesses  of 

*  that  town,  to  agrree  to  the  surrender  of  the 

<  charters  of  that  corporation  ;  and  have  taken 

*  the  town- seal,  and  afiixed  it  to  an  instrument, 

<  designing  thereby  to  mekc  an  actual  and  ab- 

<  solute  surrender  of  all  the  said  charters ; 
«  which  if  they  have  power  to  eflfect,  it  will  (as 
«  your  petitioners  are  advised)  not  only  dissolve 

<  the  corporation,  deprive  your  petitioners  and 

<  other  burgesses  of  that  town  of  many  rights, 
«  liberties,  and  prinle;^  which  they  held  by 

<  custom  and  prescription,  cause  all  the  landv 

<  given  to  that  corporation  to  revert  to  the  heirs 
«  of  the  donors,  and  disinherit  your  petitioners 

<  and  other  burgesses  of  that  town  of  all  the 
«  said  lands,  liberties,   and  privileges,  which 

<  both  they  and  their  predecessors,  as  burgesses 

<  of  that  town,  have  inherited,  and  ought  to 
« enjoy,  but  also  subject  your  petitioner  and 
« their  freeholds  against  their  will  to  sucli  ser- 

*  vices,  damages,  and  great  inconveniences,  as 

<  may  be  brought  upon  them  by  the  contri- 

<  Tances  of  the  nid  mayor  and  aldermen,  in  case 

*  they  can  obtain  a  new  charter  to  pass  the 
« broad-teal  without  tlie  priiity,  consent,  or 

<  bearing  of  jrour  petitioners. 

*  Your  petitioners  therefore  humUy  pray 

<  your  lonbhip  to  take  into  consideration  the 

*  aforesaid  mtschieft,  damages,  and  inconveni- 

<  ences  that  are  like  to  behill  your  petitionexs 

<  and  other  burgesses  of  that  town,  in  case 

*  such  surrender  should  be  made  and  accepted, 

*  and  a  new  charter  taken  by  the  said  mayor 

*  and  aldermen  :  And  that  your  lordship  would 

<  please  before  such  surrender  be  accepted,  or 
'  any  new  charter  for  that  town  be  |iassed  the 

*  broad-seal,  to  grant  yotir  petitioners  a  day  of 
■  hearing,  and  to  order  thereupon  as  shall  be 
'  agreeable  to  equity  and  justice 

*  And  your  petitioners  shall  ever  pray,  &c.* 

The  Petition  being  delivered  as  aforesaid,  and 
Mr.Blayor  having  Men  acquainted  in  manner 
aforesaid,  by  the  generality  of  the  burgesses, 
that  they  neither  had  consented,  nor  should 
consent  to  a  surrender  of  any  of  the  charters, 
rights,  or  liberties  of  the  town,  and  the  bur- 
gessev  having  been  advised  by  council  that  no 
iBStniment  tor  makinga  surrender  of  the  char- 
ters to  the  earl  of  Hallifax  and  air  Leoline 


Jenkyns  couldheefTectual  in  law :  it  wasliODcd 
tliat  there  would  not  have  liecn  any  fVirtner 

Progress  in  the  business,  at  least  before  the 
ur^^eases  were  heard  u|M>n  their  caveats  or  pc* 
titibns.  And  it  was  taken  for  granted,  that  no 
new  instrument  in  onler  to  any  siirreiidcr 
could  he  made  and  sealed  without  calling  toge- 
ther the  council  of  that  town  ;  because,  by  cae« 
torn  of  that  town,  the  town-seal  hath  always 
used  to  be  kept  under  the  custody  of  thrae 
locks  and  keys,  and  not  taken  out  but  in 
cil ;  and  those  three  keys  kept  by  three  i 

persons,  for  better  preventin*;  of  any  in 

use  of  the  seal.  But  contrary  to  the  buigeflmP 
expectation,  and  a<cainst  all  ancient  usage,  Mr. 
Ala}  or  (havinsr,  as  he  said,  received  mItm 
from  London  that  the  instrument  he  had  teal 
up  fur  surrenderiug  the  charters  was  not  tuA- 
cient)  did  on  Saturday  the  12th  of  August  ra- 

^uire  of  the  senior  o6roner  to  deUver liini  kb 
ey ;  which  the  coroner  refusing  to  do,  (onlcnL 
according  to  the  custom  of  the  town,  a  oouodl 
wais  called,  and  should  onler  such  ddivery)  il 
seems  Mr.  Mayor  found  another  way  to  oaOM 
by  the  seal,  if  that  be  true  which  was  Hgn^fioi 
in  the  public  prints  that  came  down  to  Not- 
tingham on  the  19th  of  August,  viz.  Tfafll 
upon  the  l-Uh  of  August  a  surrender  of  N** 
tingham  charters  was  made  to  hia  uiajeatji 
And  there  is  one  tiling  which  hath  happenai 
since,  which  gives  a  shrewd  Ught  what  lln 
Mayor  did  on  that  13th  of  August,  withoal  ai 
much  as  summoning  a  coundT ;  for  the  petty 
who  by  Mr.  Mayor's  command,  as  beiaich,  da! 
that  day  force  open  the  lock  to  which  the  o»- 
roners**key  bebnged,  hath  since  confeHed  ^ 
iHct.  So  that  now  if  it  shouM  hereafler  ap- 
pear to  be  true,  as  those  prints  seem  to  intinMlai 
than  any  instrnment  for  surrendering  of  Mali 
tingham  charters  to  his  mi^esty,  was  pn  irntaj 
to  hLs  majesty  on  the  14th  of 'August,  it  w9 
scarce  be  a  question,  by  what  means,  or  boa 
lawfuHy  Mr.  Mayor  came  by  the  seal,  or  hoa 
valid  such  surrender  is  like  to  be. 
^  This  is  the  true  case  of  the  hurgesaea  ai 
Nottingham,  who  are  ready  to  make  good  evai] 
matter  of  fact,  as  herein  stated,  whenetai 
there  shall  be  occasion  ;  and  doubt  not  but  ti 
prove  it,  if  they  may  either  be  beard  apM 
their  petition  or  caveats ;  and  howeveri|ueiliai 
not  but  by  the  assistance  of  the  courts  of  jaa^ 
tice  they  shall  still  preserve  their  rigfata,  M^ 
withstanding  all  these  endeavours  that  hafi 
been  used  to  give  up  Uieir  chartera  and  S« 
berties. 


STATr  T1?IAI3,  56ChablesII.  iGi^.—ProtecJitign,  S^e. 


[105 


P  Pfocecfrrags  against  Sir  Thomas  Armstrong,**  in  the  Iving's- 
"  Beoch,  upon  an  Outlawry,  for  High  Treason :  36  Charles  II. 
A,D.    IG84. 


Lr    iitfi    f%f  Jiinr     i5Bi>  «ir  Thomas 

ii»  tht^    liur   of  ttic 

t    "Wi-atrainster,  by 

i»rp«s»  direct eil 


[  if  ihc  Vmtn  \*ni  nmcU  by  l4i«r  deatli 

lirir 

""5' 

of   5i 

?h.«.n,  ,  ...   hart 

(til  _     OH     fllt'll 

(  tfjf  OtlT  ,  "    I^CCOUttt 

"  te   tile   »cotii  at  Lrydtti,  for 

«ru«4  an  httn  ;   nruf   cjf  livered 

in  gre»l 

for jffit  to 

^^iitcs  :  for 

i.at  would 

« re*!  Kihi, 

He  wa»s 

*'  >lon- 

lift?, 

v^   u  bear 

ver  eiTpy 

'  rtf  ininJ, 

r»rehe  cs- 

.  whft  saw 

'  he%*ou]d 

H  e  Ills  Ide. 

fw  when 

I,  Ire  said* 

r»lot:  he 

*r  U\^  [if**: 

tded  will) 

tbr  tt  man 

i»e  (injte- 

lite- 

was 

and 


ifbewrd  *nrh 

**<i  ^K    liltU«JJUlUlL*<I     iu    lilUl   ■ 

'^v^l^Micfl  fcftypi*  the  oounoi 
tilMirf  Ml  |>Vii  hut  It 
,  W  Bight  hai^c  II 
«U  be  aiJii  * 
I  tbftt  vs 
id  In  tu'.-.,   ,.  .....  .!, 

■if  IL»fir«l  triKkp   oi   t^tmnJ'*,  tin(i   ;f,'j 
I^Ar   bnr»e  tn    iH«^kM>L^      Tii^  ro 


f  Ibr  wliirli   I 
I  lb*  timr  tl 

TV  1 


,     but  wh 


Wit:    {'i*Utt    was 

Hv'  Im»  so  eii!j  V  as 
»-      I  tw  I  nine  ih«t  Kumseyhml 
bun  wmmfS  not  wifry  crediMe  ; 
UmI  It  the  ftftrt  T-     '    -    * 
I  jP**  »ikI  tic 
Ml  ikt  ammif  tlicm: 
r^  itii  It  m   teeori  the 

ifgtyfcB^Mf,     r  ^    who 

^■•M^^i  <iie   ffUKfda  NO  lonsf,   kiicw 
f'i'KC'bat  tHMnm  fcithrm   so  \vi»!I^  that 

r  ih^ 

utyto 

TWe  CiMirt  1u4  u  ^  in  » 

'  wmr  witli  binif  y  the 


writ  was  on  hi5i  mQJestv's  behalf  mored  for  cm 
Tharsdiij  hwl  by  Mr.  Aitortiey-GeDeral, 

The  retUMi  of  the  writ  was  ix^  by  the  clerk 
of  the  crown,  hy  which  it  appeared  be  was  ia 
the  cnstndy  nf  ihc  keejier  of  Newg^ate,  by  « 

could  save  bim.  H«  was  now  in  an  outlawry : 
hut  thous^h  the  stritute  was  express,  that  it  ao 
outlaweif  jRTSitn  came  in  at  any  lime  within  the 
vpai\  iie  VVJ4S  to  hiive  a  iriiil  nrKwhhstamling* 
liii,  outlawry.  It  ifas  pretendetl  iu  ausv%er  to 
thii>,  that  he  not  corning^  iri^  hut  being  taken^ 
had  not  a  riffht  to  the  benertl  of  the  statute. 
But  there  were  several  months  of  the  year  yet 
to  run*  And  since  a  trial  wai  a  demind 
founded  on  natural  justice,  he  ia^9ted  on  il. 
And  when  he  was  broug^ht  to  the  King*$- 
bench  bar,  and  asked  what  be  had  to  say  why 
sentence  shoiild  not  be  execate<l,  he  cfaimed 
the  benetit  of  the  statute.  Hesaid,  he  had  yet, 
when  bewastaken,s  everal  rnomhs  to  dehberate 
upon  his  eoraing'  in :  and  the  seizing  on  him 
before  his  time  was  oat,  ought  not  to  bar  bitn 
a  rit^ht  that  the  law  gave  bim.  He  al&n  men- 
tioned  Halloway,  to  whom  a  trial  was  oiTereil 
the  former  terra.  And^  since  it  was  a  point  of 
law,  be  desired  council  might  be  heard  to 
argue  it.  JefleritM  rejected  all  this  :  He  said, 
the  king  might  either  offer  a  trial  or  not,  as  he 
saw  cause  :  and  he  refused  to  hear  council ; 
which  Unng  demunded  uj[*on  a  point  of  jaw^ 
the  denyin**:  it  wjis  thou^nt  a  Tcry  impudent 
piece  of  injustice.  And  when  Artnstrong  in- 
iiiBted,  that  he  asked  nothing  but  the  law,  Jef- 
ienea  in  hi^ brutal  way  said,  be  should  bare  if 
to  the  full ;  and  so  onlered  bis  execution  n  tthin 
*ix  days.  And  the  law  was  executed  on  liim 
with  the  utmt)«t  rigor:  for  he  was  carried  to 
Tylium  in  a  sdetlge,  and  was  quartered,  and  hia 
i|uarters  were  srt  up.  His  carriage^  during  hi« 
im  prison  I  uent  and  at  his  death,  was  fur  beyond 
wfiai  <M>uId  have  *)eeii  imagined.  He  turned 
himself  whoTly  to  the  though, s  of  God,  and 
of  another  state  ;  and  was  praying  continually. 
He  rejoiced,  that  he  was  brought  to  die  m 
Kurh  a  manner.  He  said,  it  was  scarce  pos- 
sible for  him  to  have  been  awakened  into  a  due 
sense  of  his  81  ns  by  any  other  methoil.  Hia 
i  't>  and  his  resentments  were  then  so  ea- 
IV  conquered,  that  one  who  saw  bim  said  to 
....,  ihtit  it  was  not  cany  to  think  it  was  the 
«ame  (ktsoo  whom  he  bad  known  fonnerly. 
He  received  the  Sacrament  ;  »nd  ilied  in  so 
good  a  temper,  and  with  so  much  quiet  in  hia 
mtnd,  and  so  serene  a  deportment,  that  we 
have  i«carce  known  in  oor  tune  a  more  eminent 
instance  of  the  grace  and  mercy  of  God. 
Armstrong  in  bis  last  paper  domed,  that  he 
ever  knew  of  any  design  against  the  king's  or 
theduke'a  life,  or  was  in  any  plot  against  tho 


warrant  from  the  hoooyrable  Sidney  Godolphin^ 
«»q.  QHc  of  lib  tiiajesty's  principal  8eCT«uri^  j 
of   SlAte^    wbich  Warrant  toUoweth  in  h^c 

Siiliiey  GodolphiD,  es^.  of  his  majrsty^s  most 
hot).  Priry  Couacii«9nilprindp&lHt!crt*iary 
ofSState. 

*•  Tlie-^euic  in  his  niajt'sty'tj  name  to  aulbo- 
riae  and  i^iuire  y«u  lo  retvive  into  your  cus- 
tody, from  on  Ixiard  his  majes^ty's  yacht  the 


107 J  STATE  TRIALS,  56 Charles  II.  i eu.^Proceedingi agaifut  [  IW 

Catherine,    captain  Da  vies  ootmnamler,  the 

person  fTf  sir  Thomas  Ani"-*'^"'/    *•   -t— i-.   | 
(br  iki^^h-ti'ttujon,  anrl  hir. 
majefity'ji  prison  uf  Nt'u-^    ,       ;.._   ;. 
plcasuft^  be  farther  kitovro,     And  fur  m»  < 
thiH  slkall  he  your  irarrajil.     Giveu   uii-! 
hand  and  seal  at  Whitehall,  this   lOtb 
June  I6l^^t4,     In  the  30th  y*3iir  <if  his  m:i 
reigii,  *  S.  ^  / 

*'  To  Captain  Richardson,  K 

Majesty *s  PrisoD  of  New^aie, 

•*  8ir Thomas  Arn^-*—"'  "  »>•  -  h-  —*-^--, 
had  in  his  |>ocketa 

one  IlayeSf  a  rnett ..  .  ,  ,,_,  „.._.„,.,. , 

on  wbidi  Mr.  Hayes  is  committed  to  Newgale 
for  holding  correspondence  with  traitars. 

"  14lh.  Sir  Thomas  Armstrong-  W9»  i 
from  Newgute  to  Uie  Kingr^s-bench  bar,  \ 
being'  asked  what  he  could  ^ay  why  ei 
should  not  be  awarded  ag'ainat  himi  lie  f 
outlawtnl  and  M)  attainted  upon  an  indib 
of  Hi b;:h -Treason,  for  conspiring'  the  death 4 
the  kintj^,  Sfc.    He  said  he  was  l^e^ond  f 
the  time  of  the  outlawry,  which  the 
telling'  him  they  could  take  no  notice  < 
then  desire<l  that  he  mi^ht  come  to 
and  that  his  majesty  would  Qjant  htm  tb 
favour  he  had  offered  to  HolJowoy  ; 
court  told  him  that  Wlonffod  lo  bis  n  ^ 
not  to  tjiem  ;  then  be  saia  be  was  within  \ 
statute  made  b^  ^  E.  6^  c.  11,  and  deman 
his  trial,  be  being  trilbin  the  statute,  and  de 
council  to  argue  the  same ;  but  the  court  I 
of  another  opinion  would  aliow  him  no  con 
hut  made  a  rule  for  his  execution  on  ~ 
next  at  Tyburn. 

**  18th.   The  same  day,  also,  sir  ' 
Armstrong'^s  daughter,  pt^titioned  the 
King's-lw:nch  that   her  father  might  I 
W' rit  of  i^^n-or  allou-ed  him  to  rei  erse  ! 
lawry  and  so  come  to  his  trial ;  bi|t  the! 
told  tliem  this  was  no  proiier  place  to  i 
in  ;  they  must  go  into  the  coancery  for  it ;  I 
there  ihcy  had  been  before,  and  the  lord  1 
was  pleased  to  deny  it. 

"  20th,    Sir  Thomas  Armstron^r  vnai 
upon  a  sledge  with  a  very  nuraeroi: 
Tyhurn  j    where   beingf    oonie    1  > 
nrayed  with  him,  who  itecmed  ver\    ^,%^n 
lie  praveil  binisflf  albO  very  ferventlvif 
done,  he  delit ereil  a  piiner  to  the  sherij^ 
submitted   hinkstilf  in  the  sentence ; 
lind  hanged  about  half  an  hour^  he  w« 
down  and  quartered  according  to  his  i 
and  hi*]  quarters  were   broug^ht  back  in 
sledge  to  Newgate^  to  be  disposed  of  ■• 
m^ajesty  shall  direct* 

"  Sir  Thomas  Armstrong*a  quart, 
posed  of;  a  forequarter  is  set  on  '! 
bis  head  on  Westminster,  anoihct   ^u 
sent  down  to  the  towu  of  Stafford,  for  i 
was  a   Parliament-man.     Q,u;ere,  bovr^ 
quarters  of  the  Popish  Traitors  were  i 
and  quserc^  wbich  of  these  fanatic  ptotte 
not  set  iip< 

«^  July  lit.    Came  oitl  lUe  Paper  ttitl  I 


gorenunent.  There  were  no  remarks  pub- 
hsheil  on  hiii  speech,  which  it  was  believed  the 
Court  ordered;  for  they  saw  how  much  ground 
they  bad  lost  by  this  Btrelch  of  law;  and  how 
bttle  I  hey  had  i^ained  by  hu»  death.  Que  pas- 
""ge  in  it  was  tbc  occasion  of  thcrr  ordering  no 
Msb  reflections  to  be  made  on  it,  ^  had  been 
made  on'  the  other  sjteecbes.  The  king  bad 
published  a  story  all  about  the  Court,  and  had 
told  it  lo  the  foreign  minu^ters^  aa  the  i-eason  of 
ibis  extreme  severity  agdin.<t  Armslrong:  he 
said«  that  he  was  sent  over  by  Cromwell  lo 
mnnler  him  bevond  sea,  and  that  he  was 
warned  of  it,  and  challenged  him  on  it ;  and 
that  upon  his  confessing  it  he  had  promised 
him  never  to  speak  of  it  any  more  as  long  as  he 
hved*  Scj  the  king,  counting  him  now  dead 
in  law,  thought  he  was  free  from  that  promise. 
Armstrong  took  this  heavily  :  and  in  one  paper 
which  1  saw,  writ  in  his  own  hand,  the  resent- 
mam  upon  it  were  sh artier  than  1  thntight 
beetme  a  dying  penitent.  So,  when  that  w^ls 
represented  to  him^  he  changed  if:  and  in  the 
paper  he  (fare  the  shiriif^  he  ba<l  softened  it 
tnnrh*  But  yet  he  shewed  the  falshood  of 
that  rpport :  tor  be  never  went  beyocid  sea 
but  once,  sent  by  the  earl  of  Oxford,  and  some 
other  cavaliers,  with  a  cousiderahh;  present  lo 
the  king  in  money,  whieb  he  debvercd  \  and 
brought  buck  letters  of  thanks  froui  the  king 
to  those  wlio  made  the  present.  Hut  Crom- 
well having  a  hint  o^  this  clapt  him  up  in 
prison,  where  he  was  kept  almost  a  year.  And 
upon  the  merit  of  that  servioc,  he  was  made  a 
caj» tJitn  of  horse  soon  after  tlie  I'estoratton. 
\\  hen  Jt^fTeries  came  to  the  king  at  Windsor 
so^m  aller  thu^  trial,  the  king  took  a  ring  of 
^itod  value  from  his  finger,  and  gave  it  him 
lor  ihc-se  services  :  the  ring  upon  that  was 
called  his  blood  stone.  The  kmg  gave  hun 
one  advice,  which  was  somewhat  extmordi 
nary  from  a  king  to  a  judge  ;  but  it  was  not 
the  4ess  necessary  to  him  ;  tbe  king  said,  it 
was  a  hot  summer,  and  he  was  going  tbe  cir- 
cuit, he  therefore  desired  he  would  not  driuk 
too  much/'    Burnet,  j77, 

«<  June  lltb  \^M,  Sir  TliOmas  Armstrong, 
One  of  the  late  fanatic  plotters,  and  who  stood 
outlawed  for  High-TretLson,  having  l»een  taken 
the  last  week  at  liCyilen  in  Hollanti,  by  oriler 
of  tlie  States,  was  bionglit  iu  one  of  bis  mujesty^s 
yachts,  and  committed  last  nigbl  to  iireeo- 
wieh,  and  wai  l]|is  luorning  committed  to  New* 
g»le. 


TATE  TRIALS,  36  Charles  II.  l684.— 5tr  Thomas  Armstrong.       [l  ** 


^r  George  Jefferies)  What  would 

Mr.  Attomc}'  ? 

u    (Sur  Robert  Sawyer)  Have  you 

ry  there? 

-.  Yet,  Sir,  here  it  is. 

I.  That  which  I  humbly  pray,  ray 

award   of  ekecution  for  the  kin^jp 

llMfiias  ArmstroDg'  upon  the  out- 

Fint,  we  xnust  file  this  return. 
-  1  pray  it  may  be  filed. 
Let  it  be  filed  :  now,  what  do  you 
Attnrney  ? 

I.  My  lord,  I  pray  an  award  o^  cxe- 
I  the  oatlawry. 

Anai{^  him  upon  the  outlawry. 
'.  Thomas  Armstrou}^,  hold  up  thy 
hich  he  did.]  Thou  hust  been  in- 
LMidoD,  by  tiie  name  of  Thomas 
,  of  LimkIoii,  knight,  of  hij^h-tretiiMn, 
w^  against  the  kinjif's  majesty's  life, 
ovemwcnt :  for  not  aprM*aring'  to 
Irv  that  indictment  by  due  process 
lel  against  iliee,  ufwu  that  indict- 
rtaadest  outlawed,  and  thereby  ut- 
he  aame  hi«;h- treason.     What  Irast 


f  for  th\se!f,  why  execution  should 
ried  agunst  thee  u] 
la  law? 


I  agunst  thee  upon  that  attainder 


}nuirong.  My  lord,  I  was  beyond 
toe  of  the  outlawry  ;  I  beg  I  may 

\  That  is  not  material  at  all  to  us ; 
hfe«  a  record  of  an  outlawry  against 

^■■IrM^.  I  deaire  to  be  put  upon 

X  We  cannot  allow  any  surli  thin^  ; 
■ttar  to  do  upon  this  re<*ord  Mhrv 
•■vara  execution,  (.'aptain  Uichard- 
ft  are  your  usual  da3-s  of  exfcution  ? 
iMiekardwn.  Wednesdays  and  Fn- 

fattAors.  Here  is  a  statute,  my  lonl. 
1  Wfaai  is  the  matter  with  that  gen- 

Uwmirong.  Hold  your  tonnfuc.    My 

tentroDg  <lelivcre<l  to  the  sheriffs  at 
f  his  execution,  wiicrcin  he  denies 
«fa^yto  Cmfnweiitbr  tlie  sei/.inpr 
PhcniD  Flanders ;  he  inveit^lis  aifainst 
liip.fC  his  ca<ie  at  the  Rin<r*s-lN;nch 
'Mied  bis  trial ;  and  does  abs(dutely 
iMg  concerned  in  any  plot  ajufainst 
lift  or  for  alteration  of  tlic  jfovern- 
ri»  the  nCory  of  ilie  lonl  liouanVs 
If  ha  |imfc»k'(l  hiiusi^If  to  tlir  in  the 
Hfeioo,  and  iu  the  Coiiuuiniion  of 
hm  England,  coneludini;  with  his 
king  and  these  |>04»r  nut  ions. 
tv  hath  fjcf^n  piravd  :ts  :i  •^i^nril 
•  lord  t'hi«^t' justice  JifFriAK,  to 
rfriogoff  his  iiujfer,and  |irrji»m 
Mp.'*^  NarcbisuK  Luttrell's  ^'S. 
■fall  BeUtion,"  &c.  iu  the  Co!- 
V,Qilbid. 


lord,  there  is  a  statute  made  in  the  6th  year 
of  Edward  the  6tli,  which  I  desire  may  be 
read." 

L.  C.  J.  To  what  purpose  would  you  ha?e 
it  read,  sir  Thomas  P 

Sir  T.  Armstrong.  It  piveth  the  prisoner,  or 
(lerson  outlawed  for  hig;h -treason,  a  year's 
time  to  u'versc  the  outlawry,  if  he  were  beyond 
sea.     I  desire  it  ma^  be  read. 

L,  C.  /.  Ay,  let  it  be  read.  Where  is  it,  do 
you  say  ? 

Sir  T.  Armstrong.  It  is  in  the  6tli  year  of 
Edward  6. 

Mrs.  Matthews.  Hei-c  is  a  copy  of  it     ■ 
[Shewing'  a  paper.] 

L.  C.  J.  Why,  how  now  ?  We  do  not  use 
to  have  women  plead  in  the  Court  of  King's- 
bench  ;  pray  be  at  quiet,  mistress. 

Sir  T.  Ar/mtrong.  Pray,  hold  your  tongue. 
My  lord,  I  could  not  come  to  alledge  tliis 
before,  because  I  baye  been  a  close  prisoner, 
and  nobody  permitted  to  come  at  me.  I  desire 
counsel  to  be  assic^ned  me  at  this  bar. 

L.  C.  J.  For  wfiat,  sir  Thomas  ? 

Sir  T.  Armstrong.  To  argue  whether  this 
outlawry  oujrht  not  to  be  reversed. 

L.  C.  J.  Read  the  statute  he  desires. 

Att.  Gen.  Ay,  let  it  be  read.  Sir  Thomas 
will  not  find  it  to  his  purpose. 

CI.  of'Cr.  What  Chapter  is  it  ? 

L.  t.  J.  You  may  easily  find  it  about  out- 
lawries for  treason. 

Cl.ofCr.  Reads.  *  Provided  always,  and  be 

*  it  enacted  by  the  authority  aforesaid,  That  if 

*  the  party '— 

Att.  uen*  Read  the  clause  before  that,  sir 
S:imiirl. 

Cf.  ofCr.  Reads.     *  And  that  all  process  of 

*  outlawry  hereafter  to  be  made  and  had  within 

*  this  realm,  against  any  offenders  in  treason, 

*  b(Mn<if  resiant  or  inhabitant  out  of  the  limits 

*  of  this  reabn,  or  in  any  the  parts  beyond  the 

*  sea,  at  the  time  of  the  outlawry  pronounced 
<  against  them,  shall  lie  as  g(K)d  and  effectual 

*  ia  the  law,  to  all  intents  and  purposes,  as  if 

*  any  such    offenders  had  Ijccu  resident  and 

*  dwelling  within  this   realm,  at  the  time  of 

*  such    process  awarded    and  ou'tlawry  pro- 

*  no u need.' 

L.  C.  J.  Reod  on  the  next  paragraph. 
CLofCr.  I?(ads.  '  IH-uvided always,  and  be 

*  it  enart#*d  by  the  authority  aforesaiti,  that  if 

*  tin*,  party  so  herer»lUT  to  Ik.'  outlawed,  shall 

*  within  <mo  year  next  iiltir  tlie  said  outlawry 

*  pronounciMl.  o!  jinljrnieiit  jriven  U|Min  the  suid 

*  outlawry,  yiild  hlinsi'lfunio  the  chief  justiee 

*  of  Liiglsnid  I'ur  the  time  beiii^r^  and  offer  to 

*  tnviTse  (he  iiidietitient  ora|)[)(>ul,  whoreiipori 

*  the  said  omJawry  s\\\\\\   |>r  pronounced  as  is 

*  aforesaid  :  that  then   he  shall  be  rteriveil  to 

*  the  saitl  trn^iT^'.  :'nd  heiiv^  thereiip<'n  found 

*  not   <.'iii!l;.    fi\   ihi.    \enli»t    r-f  I'l   Mien,  hi; 

*  shall  h'.-  ele:ir!y  ai-<|iiitted   and  di»-ehartrvd  of 

*  tiiesiuM  ouihivvry,  and  of  all  priialticsaiid  f»r- 

*  liiiiures  hy  n  :iN«Mi  ol"  iIm'  ^a'n;',  ill  as  larpo 
'  iivd  anii)ie  iMariiwr  and  firm,  as  though  nu 
'  such  outla\>  ry  had  beeu  uiade,  any  thing 


Ill]  STATE  TiUAL3,3b*CHAliLES  lU  iSS^^Proceedin^B 9gami  ,        [Ul 


*  herein  cobUiMd  to  the  coalrary  in  any  wme 

*  notwith9UJ9din|>f.' 

Jtt.  Gtn.  Sir  Thomas,  1  suppose,  now  nill 
thew  he  yielded  himself  to  your  loril!>hip. 

L  C.  ).  This  i»  the  tirsl  titne  I  have  veen 
sir  Thonras. 

Sir  T.  Armiirong,  My  lorii»  I  btve  been  n 
piiiofier,  &nd  tbe  yeaj*  is  not  yet  out ;  1  now 
ftsndei'  myself. 

Ait.  Gen.  Before  be  went  oat  of  Kofi^lanil 
lie  mig'ht  hare  rendered]  himselfi  and  b^eu 
tried,  if  be  pleojed^. 

Sir  I\  Armstrong,  I  am  within  the  benefil 
ai  tbe  statute,  t  conceive,  my  lonl. 

X,  C*  X  We  think  otherwise,  tir  Thomas. 

^ir  r,  Armttrottg,  I  think,  my  lord,  the  sta- 
tute is  plain  in  the  case. 

L,  C.  /,  We  arc  ol* another  opinion  than  3  ou 
«re  ;  it  doth  not  reach  vour  case. 

Sir  T.  Armitrong.  "fhe  year  is  not  yet  out, 
and  therefore  I  come  time  enough  now  ;  and 
here  1  am,  and  desire  the  benelit  of  this  act, 

X.  C.  J.  Sir  Thomas,  you  should  have  ren* 
ikred  vouraelf  to  me* 

fkc  T.  Armitrong*  I  do  it  now,  my  lord,  and 
the  year  is  not  yet  out, 

L.  C,  J,  We'cannot  infce  notice  of  that ;  we 
bave  nothings  but  the  outlawry,  and  you  did  not 
render  yourself  according-  to  that  act,  but  are 
brought  as  a  prisoner  U^iori^  us  nf»w. 

^r  r.  Armstrong,  BIy  lord,  I  l>eg  I  may 
hare  counsel*  to  plead  i\n  me  in  this  cas«. 

X.  C,  X  For  what  reason  i^  we  ar*j  of  opi* 
Dion  it  is  not  a  matter  of  any  doubt  For  you 
must  not  go  under  the  apprebcnwion  that  we 
«leDy  you  any  thin§:tbat  i^  ri^ht  ;  th^'rc  is  no 
^oulc'nor  difficulty  at  ull  in  theihiug.f 

^  *  *  H  ere  the  prisonif  r  was  denied  cou  nsel  u  pon 
«  point  of  law,  in  which  case  it  was  never  pre- 
tended but  be  is  intitled  to  it/*  Former  Edition. 

f"  King  and  Johnson,  Mich*  S*  Geo.  2^ 
B.  IL  The  prisoner  was  allowed  to  lie  within  the 
benefit  of  the  Proriso,  and  though  he  had  es- 
caped out  of  prison,  and  wax  retaken  in  Eng;- 
Inttd,  was  admitted  to  prove  himself  bt;yond 
lenal  the  time  oif  the  outlawry;  and  upon 
proving  that  be  was  then  at  Middlebur^li  in 
Zealand^  his  outlawry  was  reversed,  and  be 
was  admitted  to  a  Tnal,  and  acquitted :  Arm- 
wKroog*u  case  was  declareil  a  precedent  uiA  fit 
lo  be  foUowed.'*  Former  EdiLian. 

This  Cane  of  Johnson  is  thus  reported  by 
Mr.  Justice  Foster,  Crown  Law,  46. 

*<  Michadmas*  a  Geo*  2.  B.  R. 

**  The  Ciiae  of  RocEa  Johnson,  cited  twice  in 
Mr.  RatclifTe^s  Case,  was  thus: 

**  The  defendant  stood  outlawed  upon  ou  iu- 
dicUnenifor  UighTresi&ofi  in  diminishing;  the 
current  eoiu  of  the  kingdom,  and  was  taken 
and  committed  to  Newgate.  Being  now 
brougfbt  to  the  bar  by  Halteas  CornuSf  he  of- 
fered to  surrender  himself  to  the  chief-jaatioe, 
pursuant  to  the  act  of  the  5th  and  6lh  E.  6.  c. 
11,  (being  within  the  year)  and  to  trai^ene  the 
t 


Sir  T,  Artntlrong, 
staiule  is  plain. 

X.  C.  X  So  ., 
have  no  advantagi 
you  shall  httv 
next. 


Lin.  I 

So  it  h  very  plain  thiit  vou  «■ 
antagebv  it.  Captain  RicharddB 
IV c  a  rule  for  t^xt^cution  on  Frvfi^ 

8ir  T,  Armittong.  I  would  only  l^kt;  fiuti(# 
of  one  Uiing,  my  lord,  rnay  I  n^ieak  ? 

indictment ;  alled^in^  that  be  was  ai  I 
fjcyond  the  seas  at  the  time  the  outhm^^     ... 
pronounced. 

"  The  chief  justice  said,  we  cannot  rtfmt  h 
accept  his  surrender ;  be  must  be  renvi 
Newgate  ;  and  let  a  special  entry  be  in. ^ 
he  olfertfil  to  surrender,  and  to  traverse  the  j 
dictincnt** 

**  At  another  day  in  the  same  ^ 
feudant  wa»  was  a\^;jiin  br«»oght  to 
he  tc!ndered   a  pWu  iu   p.ircluncui,  -  mm  \ 
*"  was  out  of  the  realm  on  the  8th  of  Fd 

*  when   the  otlllat^fy    was  pronounced/ 
pleadcfl  over  to  the  trcasou  ;  which  plea 
receive<t     The  attorney -gtufrid  pra\ed 
bemi^htha>ea  copy  of  liie  plea,  and  i 
days  time  to  demur  or  join   issue;  which 
g^raiUeil ;  tlie  court  declaring  thut  the  attni 
might  h:ivc  joined  issue  inttanter  ;  and  that  j 
the  trial  of  such   issue  the  prisoner  could 
chislUi^^e  any  of  the  jury  without  cause, 
pnsoi}er  prayed  counsel  aitd  had  tour  assig 

**  At  another  day  ia  the  s^imc  term  the  { 
so**"-  *'    "-  '^  ^Hr  hnr,  hy  kave  of  the 
\\  ,  LJiid  pleadf^d  the  stib 

ot    .,  ...  ..  .,  ,.^..,;^  beyond  tica  on  the  8tbJ 

Felirnary,  orv  Unu*,     The  aiKkmey-g 
ore  t€niii  repHed,  '  I  stay   he  was  with 

*  realm  on  the  Bth  of  February,  and  I  xn^ 
'  his  being  then  out  of  the  ri^lm  *   Issa*  bi 
thus  joined^  the  court  awarded  a  venire  rttflfj 
able  mttttntlr^  aud  ihcsheriM,  sitluitcthcc 
returntMl  a  jury.     Then  the  prisoner's 
ojYened  the  |dea  and  case,  and  oalleil  tb 
nesses  ;  and  the  attorney -^enend  insiiri 
the  witneases  should  be*  examined  api 
were  so  examined  ;    as  likewise  were  1 
UMses  produced  on  the  part  of  the 

"  The  prboner*s  counsel  maoug^ed  { 
tn  bts  behalf,  and  three  of  them  were  Im 
the  reply  j  and  the  jury*  after  a  short 
returned  with  their  verJict,  *  That  the  u 
'  was  out  of  the  realm  on  the  8th  of  Feu 

**  Then  the  prisoner  was  arraigued  on  \ 
indictment,  to  which  be  pleaded  not  g'u|^ 
and  the  attorney  joined  issue,  and  prayc 
venirt  returnable  the  first  return  of  the  1 
term  \  which  the  court  awarded  \  and  ihn  { 
soner  was  remanded  to  Newgate." 

**  This  note  of  Johnson's  case  wi 
cated  to  me  by  %uy  good  friend  the  late  J 
Justice  Abney,     The  case  is  reported  by  i 
jeaut  BarnardLston  in  his  iirst  volume^  ftnd| 
sir  John  Strange. 


*  <«  This  justice  was  refused  to  mi ' 
Anustrong  in  a  Uke  i 


J 


r^TC  TRIALS,  56 Charles  11 
1^*  &f  TttOdtav^  fery  Treclj  what 
,  A  ^^^  while  aq^o  iUarti 

':uw  my 

'  TLottiUv    Armiitroiitr.  voii  irmy 
ofyour 


ir<ii    in;ii    an  t  ^ 

V  I    !-.n>.   ^ 

I'miigatnan, 

f,  tiow  n  ise 

ffbrhirT^  ■  list 

ft-'  Ja^lice 

'nJudgiueaU 

•^  judjptnouU  nil! 
^.uUy  of  hjgli*irea- 

I-  T    timv   G'»d* 

"« never  pre- 

'!»   1  mn  da- 

4-iu  tadomy  tJuly^ 

&iii,  I  uould  only  ftC^piHlnt 

,  in  iviVreorc  in   what  ?iir 

'     ■     J  (lid  in- 

til*  sriie,  ao 

.    (  thai,  JWin  i^1^  irijjr  .tV»  per- 

•iMitc  reaioti    for  it,    Gut  the 
no  unrt  <»r . M, I Mf. .-.►,.,:... 
[tl»r  kif^.    For  it  '. 
(brcn  g-iv*  u 
J,  lliat   alWr  llii»  fljsappoint- 
►  IpnrQ  liy  the  pftniflfficp  of  f :od, 
"       'HmtI  lit 


IT  c^idencf ,  hh  pr(»itirtly 
r  .^►i,  ♦,,,  1^     4,1,1  ^,i,^.,j  lie 

'^  of  cottirtiunira- 


f  i»CMfe  nf  Hoiioway,  p.  t,  of  thii 

skinc's 

to  the 

tfib  Ittd  kem  «0  «t  iiicutly  driu-,  it  04111 

^teiCViH  •*"*   " "i«  'kivis    (leenso 

Il«ltt9f  iry,  ajsdlct 

.    ^  conicimii- 


1 654.— Sir  TlofmtJ  Armstrong,       [114 

tioti  with  {preign  mioisters  witli  nihev  peopk 
were  tdken  about  him,  sud  will  be 

X.  C.  J.  Weaie  not  to  nieJdla  at  all  wilh 
tlie  evi<leuoe,  Mr.  Attorney ;  that  is  not  our 
LusinL'ss  :  here  is  an  outUs^ry  ;  upon  this  out- 
1"'   '   *  '  '    aitainted  ;    we  have  nothing  mor« 
1  do  th^*  d  ut  y  of  the  court  U|K)n  this  re- 

r  i^  III  nwsnl  exixutitjn  Upon  that  ai 

t  jvearuJtjforit.  Iftlieking 

v\  i  or  sir  Tliotnas  Armstrong 

what  Im  did  ibr  iiuUuway^  and  indutgt^  him  a 
frin!,    and  wave  the  outlawry,  wilu  all  oar 
b.     We  are  not  digpo^tcrs  oi  hh  gvac€  and 
I ,  hut  the  ministers  of  his  juslite.     If  the 
kiijjL;  will  patnlon  him,  he  may  ;  that  is  not  our 
busjnc'ss  ;  but  all  we  have  to  do  upon  what  is 
'    '  -^  UK»  IS  to  C'       '     ■'         -id,  and  Avbat 
1  ^oner  mys  .  4  of  exet^ut  ion . 

, , ._  ,i.iveconsidti\x*  t.  ...  ..i^.  ..,i.%  be  a  yieldiu^ 

within  the  proviso  of  this  statute,  and  we  think 
it  is  not,  nor  on  he,  hy  any  means. 

Sir  2^.  Armilroni!,,  My  lord,  I  am  witliin  the 
statute.     I  was  outlawed  while  I   Mas  beyond 
tk:a,aiid  1  come  now  here   within  the  t\^eke- 
month.    That  i»  all  I  know,  or  have  to  say  in  , 
ihii*  mutter. 

L.  V,  J,  We  think  i|iiitc  tlie  contrary,  Sir 
Thomas. 

8ir  T.  JrfnUrong,  When  I  was  before  the 
council,  my  lord,  they  ordered  tliat  I  should 
have  counsel  allotted  Vne,  but  I  could  bare  no 
benefit  by  ihnt  order  ;  for  when  I  was  taken,  I 
wasi-obbett  of  all  thi?  money  I  bad,  uud  bavcnot 
had  one  penny  rvvtoreJ  to  10c,  tior  any 
money  since  ;  I  know  not  whether  the  law  al- 
lows persons  tfi  my  cooditioo  to  be  robb^ 
and  stripped. 

L,  C.  X  I  know  nothing  at  all  ofthat  mat- 
ter,  sir  I'liotaaa* 

Sir  T,  Armitrong,  My  lord,  I  know  lawvers 
willnotplead  witb^   '  -^li  beingrolibedi 

I  couUl  not  havt-  ;i?e  lliem. 

f    (f    >ii«- t:. ,,,,..,.,  ;^ ^ti(f,  you  tekt 

mg-  what   ytju  [th  iise  j    you 
^        fied,  nobody   ha»  robbed  you 
Chat  I  know  of, 

Hir  1\  Artfiitrong.  Nobody  says  you  dc^ 
know  of  it ;  but  so  it  as. 

L,  C.  /.  Nay,  be  a»  angry  as  you  will,  ttr 
Thowas,»e  are  not  concerned  at  your  anger. 
We  will  undoubtedly  do  our  duty. 

Sir  '/'.  Armtnm^.  I  ouudit  to  havetlie  bdie- 
iit  oi  the  law,  and  1  deinund  no  more. 

X.  C.  J-  That  you  slmJI  have  by  ihe^raceof 
God,  See  thnt  exerution  be  done  on  I'rtday 
ne)tt,  according  to  law.  You  ahall  have  th« 
full  benefit  of  Ukelaw, 

Then  the  prisoner  was  carried  bark  to  New- 
crtite.  and  allerwards^  upon  a  rtUlion»thc<  'ourt 
'  ()  I^irH.  fVlauhewato  be  rd«ascd  out  of 
V  wiiliout  ffccs. 


urs4  of  the  contmry  could,  probably,  ban?  pre- 
veiled  to  put  so  strained  n  sen^e  ofi  the  statute^ 
in  order  to  deprive  him  ol  a  Trial.**    Fornix 

Edition. 

1 


1 15J         STATE  TRIALS,  36  Charles  II.  \6^i.^Proceedings  agmnat         [1 1(7 

/Hie  Khcrifls  of  London  ami  Muhllesex,  about 
nine  oVlock  in  the  morning,  coniinuf^to  New- 
^ati.',  an«1  demanding  tlii'ir  prisoner,  he  was 
forthwith  delivered  to  them,  and  put  into  a 
slei!«;e,  and  drawn  to  the  place  of  execution,  at- 
terwli.".!  hy  a  luiinerous  ofuanl,  and  a3  great  a 
luuitbcr  of  spectators,  (»f  all  de<>:rees  and  quali- 
tiMi,  as  have  been  seen  on  such  occasions. 

He  cuipl(»\>Ml  the  time  be  was  drawing  to 
Tjhura  in  rei*din;,^"The  Whole  DutA'  of  Man/* 
till  he  came  within  sight  of  tiie  ([^tillows,  and 

tlien  he  laid  ic  by,  and  with  lifted  up  hands  and  >      That  Mr.  Attorney  change 
eyes,  adflressodliimself  to  JK'aven,  till  he  came  I  one  of  those  that  were  to  kiU  the  king.  He  took 


and  particularly  of  what  Mr.  Attorney  accused 
him  of  at  the  Irar. 

That  he  prayed  to  be  allowed  a  trial  for 
liis  life,  according  to  the  laws  of  the  land,  and 
urged  the  sUtute  of  Edward  Gth,  which  was 
expressly  for  it ;  but  it  signified  nothing,  and 
he  was  with  an  extraordinary  roughness  con- 
deunie<l  and  made  a  precedent ;  though  Hol- 
loway  had  it  offered  him,  and  he  couUlnntbui 
Ihinic  all  the   world  would  conclude  his 


;  very  different,  else  why  was  it  refusetl  to  him? 
That  Mr.  Attorney  rhanred  him  furbein? 


beneath  the  tree,  w  berc  he  remained  about  a 
quarter  of  »m  h««ur  in  the  sledge  ;  before  he 
asiTiidetl  .the  cart  that  stood  n*ady  for  him,  he 
desired  the  sheritf  to  admit  Dr.  Tennison  to 
come  to  bin  I  :  and  having  delivered  a  paper  to 
the  sheriff,  the  doctor  kneele«l  down  with  the 
prisoner,  nnd  pra^x-d  with  him  about  a  quarter 
of  an  hour,  during  all  which  time  the  pri- 
soner prwiJTved  a  Lieeouiing  and  heroic  coun- 
tenance, little  daunted  with  the  terror  of  that 
fate  he  was  in  view  of:  but  rising  from  his  de- 
votions, he  nulled  off  his  cravat  and  bat,  which 
he  gave  to  hirt  ser\ant  who  attended  him,  and 
had  folio tved  him  by  the  sledge-side,  when 
kneeling  down  himself,  he  prayed  for  a  short 
time  with  fervency  and  dcvolion,  begging  par- 
don of  his  God  for  those  manifold  and  crying 
sins  he  had  been  too  often  guilty  of,  and  con- 
cluded with  a  resignation  of  himself  to  the 
God  of  Heaven  and  earth,  before  whose  judg- 
ment seat  be  was  forthwith  to  appear,  desiring 
that  the  whole  world  would  forgive  him,  with 
w  lioni  he  hoped  he  died  in  peace  and  charity. 
Having  thus  ended  these  devotions,  he  ngam 
stood  up,  c.d  putting  off   his  periwig,  he  nad 

a  white  cap  dehvereil  to  him,  which  he  put  on  ;  1  

and  being  soon  after  tied  up,  the  chief  of  his  |  These  Proceetlings  w..  re  afterwards  enquhrf 
di<tcourse  was  adtlresscd  to  a  gentleman  who  l  i„to,  and  censured  ;is  illegal  by  the  House  fit 
stoo<l  by  him  ;  and  a^er  a  short  ^pitce,  holding  ■  Commons  in  1089.^ 


God  to  witness,  that  he  never  had  a  thought  to 
take  away  the  king's  life,  and  fjiat  no  mui 
ever  had  the  impudence  to  propose  so  barbaroiH 
and  base  a  tbini<f  to  him  ;  and  that  he  ne^'tr 
was  in  any  design  to  alter  tlie  government. 

That  if  he  had  been  tried,  he  could  have  prov- 
ed the  lonl  Howard's  liase reflections  upon  him 

to  bo  notoriously  false. He  concluded.  That 

he  had  lived,  and  now  died  of  the  Reformed 
Religion,  a  Protestant  in  the  communion  of  the 
church  of  Englaml,  and  he  heartily  wished  he 
had  lived  more  strictly  up  to  the  religion  he 
belicveil:  That  he  had  found  the  great  coni- 
ibrt  of  the  love  and  mercy  of  God,  in  and 
through  his  blessed  Redeemer,  in  whom  he 
only  trusted,  and  verily  ho|»€d  that  he  was 
going  to  partake  of  tliat  fiduess  of  jo^  whirh 
IS  in  his  presence,  the  hopes  whereof  infinilelj 
pleased  him.  He  thanked  God  he  had  no  re- 
pining, but  cheaii'uliy  submitted  to  the  punish- 
ment of  his  sins  :  he  freely  forgave  all  the 
world,  even  those  concerned  in  takinff  ^  away 
his  life,  though  he  could  not  but  think  bis  sen- 
tence verv  hanl,  he  being  denied  the  laws  of 
the  land.'*» 


up  his  hands,  he  agjiin  ren(*wed  his  prayers  ; 
his  visage  little  changing  all  the  time,  till  the 
very  moment  the  cart  drew  away  ;  the  execu- 
tioner Imving  pulled  the  cap  over  liis  eyes,  he 
continued  his  prjyers  all  the  time,  and  even 
whilst  he  huu'^,  as  b)ng  as  hfe  was  in  him, 
and  he  hud  the  counuand  of  his  lips  ;   afler  he 
had  hung  about  half  uu  hour,  and  ih<.'  execu- 
tioner had  divested  him  of  his  npparel.  he  was  . 
out  down  atrording  to  his  sentence,  his  privy  i 
roembers  burnt,  his  head  cut  oil",  and  sluwed 
to  the  peopli:  as  that  of  a  tniitor,  his  heart  and  " 
iK)weU  taken  on  I,  ami  c<Mn!uiltc*d  to  the  thuurs, 
and  his  bmly  quartered  into  four  parts,  uliich 


Mailis,  \1  November,  1689. 

A  Petition  of  tlie  l-.idy  Armstrong  and  hsc 
daughters,  wa.;  read  ;  vvficreujiou  a  l.'ommittM 
t  was    uujMiinted  to  examine  the  matter,  and 
make  tlieir  roporlto  the  House. 
*'  Resolved; 
^^  That  it  be  an  instnu  lion  to  the  Committer 
Thnt  they  examine  who  were  the  judges  tka 
gave  thi*  sentences  nuainst  sir  Thtnnas  Anm 
i^trong,  and  who  v^ere  the  prosecutors  of  him 
and  who  had  his  (stute;    and  how  the  pcti 
tinners  inuy  have  iriiiralion  :   and  also  to 
■(edinjrs  v.ei 


mine  whiit   proe( 


rverc   in   order. to 


with  his  head  was  oMi>ey«Ml  bark  to  Newgati,  i  ^.y\^  of  trior  by  him  desircil,  aiid  how  it  caMS 
to  Ih'  divposed  of  according  to  his  majesty's  j  xa  be  dinicd,  and  by  whom  :  And  thcvare  t 
pleasure;    and  were  afterwards  publicly  ex-  |  make  their  lepoit  w'ith  all  convenient  spccd-f 


I»osefl. 

Ilu?  sub'»tan'*e  of  the  Paper  de-liveriMl  to  the 
sheriff  was,  **  Tiiat  he  thanked  Almighty  (i'wl, 
he  foiuid  liiniself  prepand  tor  death,  his 
thonglitsMt  upon  uhiithi-r  world,  and  wcani't! 
Iioiii  this  ;  \i>(  he  could  uot  but  give  ho  much 
•f  kiri  111  tie  lime  as  to  uns\\eT  some  caluiunics, 


l\1artis,  19  November,  1C89. 

Mr.  Chrisly  reported  from  the  Committf 

to  whom  the  ^Petition  of  the  lady  Armstroim 

and  the  daughters  of  sir  Thomas  ArmstM^i 

was  referred  ;    a:i  account  of  the  whole  pB^ 

«  See  6  Cobb.  Pari.  Hist.  415,  516. 


171        STATE  TRIALS,  3^  Charles  II.  j  Gu.^Sir  Tkomui  Armstrong.      [1 18 

iiitber  ;  ami  sir  llobert  Snwy^r  f  (then  AtU>r- 
oey-Gener-al)  being'  rmminJ  hy  lier,  as  i»oe  of 
itie  prosrt'uiora ;  atier  slie  wus  wlUidruvvii,  ht 
was  heap  I  hi  hts  place  lu  vUiat  uns  otijeiled 
against  liiiii,  anti  thi^ii  lie  wUhdrew,  ami  m\kh% 
itebute  of  the  uiiilt  r,  li  vvas  re^oU«d,  ''  Tiiut 
sir  UoIk'iI  8aw^)'£r*ia  name  be  |Htt  into  ihc  Bitl, 


[ia#*n  ft*r»;nst  him  ;  and  that  thereupon  ihcy 

[  1 .  '  •A  nnslrong's  rilea  oiigh  t 

iW^c  uct-n  ,tu4naiiHi,  iircimJiii^  lo  me  stutiUt* 
«f  l>dwftrd  (I,  iind  that  tlit'  tfxrcution  of  him 
' '*r  hy  outlawry,  was  illegaJj 
(jrt'ttHice  of  justice. 
extMdlOTs  uod  heirs  of  sir 
>)^i  ou^ht  to  have  a  I'ejiara- 
.-i  out  of  the  etitates  of  tliuse 
i  writ:  iaih jii*\i*,eii  ttud  |irfi«cM>uturs. 
[  3.  ••  That  a  Writ  of  Error  for  the  reversal  dt 
|jti4c^)<^ot  iu  fcl'ioy  or  Ireasoo,  i»»  the  right  of 
i  nJijffct,  &nd  outf-ht  to  lie  granted  ai  his  de> 
ib^  ind  ts>  fitit  an  art  of  gnxce  or  favour ;  which 
uaj  be  denied  i^r  granted  at  pleasure. '''*^ 

^  1\>  ill  whtcb  Resolves  the  House  agreed. 

^  BeMdvod, 
I**  Thwi  U«ivt?  be  given  to  brinjf  in  a  bill  to  ro- 
Pihi-  ivHrnfiiirr    -f  Sir  ThomaH  Artuslroofr^ 
taitrt  II  to  his   .vidow  and  chil 

-  of  the  judges  and  pro- 
I  mad  the  aaine  to  he  without  feea.^' 

Btmiidiij  tlje  ^2oili  of  Jauuaiy,  1089. 

\  Mr*  Chmly  rcjiart*?*!  from  the  Committee, 
mbods  the  htU  for  the  annulUng  the  Attain- 
*d  «r  Thomas  Amiiitron;;  v  as  {"ecocnniitted; 
ti«ake  witfudinetiUi  to  the  bill ;  a*^  abo  who  were 
li»  |in«Hsiitoni ;  an*  I  aliso  \^hctt  losses  sir  Tho* 
itn  imitfb^oo^'^  tiiniUy  huil  snstaiue<1,  by 
I  of  the  altainder  f  and  thereufHin  it  was 

Richard  HoUoway,   sir  Fnincis 
i  executors  of  the  lute  lord  Jeffe- 
[pii,  tttif  «f  tlte  late  justice  WaJcoi,  >lr.  Gra- 
1  Mr  Burton,  do  HitemI  the  Housf  on 
r  OHnrtiini^  uext,  to  answer  to  «uch  mat- 
I  ir»  cliargeil  at^n^in^t  them  touchtuy'  the 
I  o^inst  »ir  Thuuias  Aniistroii|^." 
Thm   Mrm.    Matthews^   sir  Thuuius   Ann- 
'  inkog'f  daughter,  was  called  in,  and  examiix^d 
italic  ktMfW  of  the  prosecution  a^nst  her 

*  8ee  S^lk.  5>0i,  and  the  boolcM  there  ciietl 
SrTM'int     Wtbon^s    edition,   contr.    H.    C. 
J  ^lod.  47  ;  in  the  rontier  of  which 
-^uf,  *  This  «3eius  to  he  a  cwnc  of 
et  durus  sertno/     ^^ee^  too^ 
' ,  p.  L  of  this  Volume,  and 
*4  iL«tx:ti(i'e  and  taiDeron,  and  also 
iiifa  Hejt^  of  the  tVown,  as  there  cited. 

f  "  The  ra«t  fcamlii*f  and  iihility  of  sir  Ro- 

1  Sa^s^  r,"   «;av^   Mr.    llur^-raTe,  (Preface 

f*  on  the  Jurisdictiou  of 

Cnrliatnent,  cxli^  Note) 

hed  by  hSs  ivooiicrfutly 

sinfuiut-nt  for  the  crown 

1,1  i  niii]*»u  t|no  Wart^uto  caiie  in  the 

rCbiiifii  the  **'Cond     By  thus  referring 

vof 

_,.  ^,..^,    :  1   ■..   l-':'bert 

lite  atf  a  ifienibcr  oi  parUaiuent  and 

^ift  particuJar*    lathis  ^reat  struggle 


of  the  Couuiions  about  nppellaut  jurisdiction 
over  equity  he  took  a  decisive  pari  ii;{uui»t  th* 
claims  ot  the  Lotdh.  Alniut  tive  yHirg  otter- 
wards  and  \«  Uan  im  Umi  been  Speaker  of  the 
Commons,  he  was  made  aitumt-y  i^enerat,  aad 
in  that  uttice  so  couducted  liie  stale  prosecu* 
ttous  during  the  latter  part  ot  the  rel^u  of 
Ctiarlea  tht;  second  and  for  some  year*  ol  th^ 
rd^rn  of  hii»  bii^oited  and  unfitrtunaie  successor, 
a^  to  tender  himself  very  ua|Kipiil;ir  if  not  odi- 
ous. But  a  i'ew  months  before  the  Kevolution^ 
sir  Robert,  havings  itdwiefl  to  bupp<irt  tiie  did- 
nen^iny^  power  [See  the  Case  of  sir  Edward 
lliil&s,  in  this  CollecUon,  ^,  n.  1086")  claiuj*;d  by 
king  James,  wh»  removed  from  oificc :  und 
then  he  was  singled  out  as  ooe  of  the  counsel 
fur  the  bishops  on  their  trtalH,  [pee  their  Ciuie  m 
this  Collection,  a.  f>.  1688,  J  and  acquitted  hiin* 
self  with  di»tin^ui^hed  abdity  >?ee  K  Bum. 
Iliit.  foL  ed,  742.  lu  the  Couveniiou  Parlia- 
ment, he  wa*;  zealous  aurumsL  Jaoie^i  ;  and  in 
one  of  the  debutt^!!^  previou«»  la  the  vuie  of  Abdi- 
cutioo,  eveu  W€nt  the  Icuj^thof  ^saying;  *-  in  all  I 
'  have  read  J  nev^n  Luet,  iu  no  sihoit  a  reigOi  , 
'  witl^  the  laws  ^  viMhitcd  und  the  prerogative 

*  so  stretched/  ^  Cobb,  PafU  Hist.  48.  \V  hen  the  ^ 
Revokttion  was  accotiiplintied,  there  s^eemed  to 
he  a  prospect,  that  his  ^vc^i  U%wX  and  p:irlia« 
itientary  abilities  would  raisr  him  ag^ain   iiit4i  ' 
some  hifjrh  official  situation  in  the  law.     But 
bis  rivals  were  catfer  ui  uke  advantiig^c  of  his 
iitriiier  eoniiuct:   and    his  harsh    procf^cdioLfa 
uitifain^l  sir  Thomas  A rmsjTt"/    ^^i'"  was  exe- 
cuted on  an  outlawry  lor  >  i  notwith* 
staii<hng  ull  the  cannot  :ii;      ,           -   etfort^of*] 
his  lady  and  her  friends  to  obtain  a  ^^rit  of  er- 
ror to  reverse  the  judgfuenlf  the  leK'aliiy  of  i 
which  was  niMst  ap|iarencly  fjue*tionablc.  soon 
gave  the  oppcfftuiiity^    A  |M*tilion  of  lady  Arm« 
stron|>;  iiud  htsr  dau|<luer»  wjis  presented  to  thft 
HousL*  of  Couuiions ;  and  the  result  was  im- 
plicatm^  sir  Hiibert Sawyer  a^  the  leader  of  th#  1 
protjecutioii,  and  in  respect  tif  it  he  whs  ex- 
pelled the    i{ou!»e   of    CofuuiouS.       it   ts    ob- 
ubservable^  that  this  petition  of  lady  Artn*itron^ 
produced  a  tiesohitiou  of  the  Houe«  of  Cuui" 
mons,  *  that  a  Wni  id  Error  tor  the  revental  of  J 
'  a  judgment  in  felony  or  treason  la  the  hgbl  I 

*  of  the  subject  and  ou^ht  to  he  i^rantefl  at  hit 

*  desire,  and  is  not  nn  art  ot  gnue  o*-  favour, 

*  wfilch  m«y  be  denied  or  granted  at  ' 
This  Resolution  paired  ttie  19th  N  > 
H  hicb  w  as  about  two  nioutht  bt  t 

f'\pukiou  ;  and  it  seems  from 

count  ofrh-    ^  '  ''  '  ' 

coarsie   b+ !  t 

gratttiug  ui  ,...,::-       . ,  i  i 

grounds.     But  on  the   other  Imnd  ti 
remembered  on  his  bebaU,  that  the 
3 


Fmie  of  the  pro«ecutore  of  sir  Thomas  Ann* 
strong." 

Re^ihed,  "  That  sir  Robert  8ftwycr  be  «6- 
pelkd  the  House  for  the  same.*' 

Saiunlay  the  15th  of  January*  1689. 

The  House  beioQ^  acc^aalntcil,  TbJil  acconf- 
inr  to  tfu'ir  onler,  sir  Frauds  WytUens>  sir 
llichaul  Mollo^vay,  Mr.  Cimham,  ntwl  ^ir. 
Br*' '^  '^'luk'ti  at  the  door,  thry  wert^tevp. 
ri  iti»  aud  examined,  toiidiiu§r  the 

L'l . ,_    .    , ^  iiud  Pioceed iu ifs  og^isi  t>i r  Tho- 
^     Ai-m^trong» 

^  ^.sil  uJwrt  the  executors  of  the  late  lord  Jef- 
ferics,  that  were  litteudini;  at  iheHoor,  were 
likewise  vu\\ei\  in*  aud  askeil  what  th*'y  ^Hd  to 
iny,  w  bv  rejmratiou  should  nni  bv  made  out  of 
the  lonf  Jc'flcrif^'s  t'slate,  to  the  said  sir  Tho- 
mas A  i  t  '    (.imily. 

No  i  ]>earing  a*  Executor*  to  the 

late  juritm  If  ui«  ut ;  the  House  wns  aci^«ainte<l 
tbot  he  died  iote^tate^  and  had  not  left  ao  estate 
•ufBcieid  to  [lay  his  flebts. 

After  the  t^^rsons  before  nientiooeiJ  were 
heart!  and  withdrawn,  31  r.  Biaucy  was  called 
in,  who  gtive  the  House  au  aceount  of  the  pro- 
ceetlingT?  in  the  court  of  Kiug'i •bench,  upon 
lite  ftivarding  execotioD  against  sir  Thomas 
Armslroug'. 

Aud  then  the  House   pn  ![>on  the 

amefjdraents  ruaJe  hy  the  ^  lo  the 

bill,  for  aunulHn|tf"  tlieAttaHHH.r  <  11  vjr  Thomas 
Armstrong :  anfl  arter  havin*^'  inserted  the  name 
of  sir  Rotwii  Sawyer,  as  a  proseeutor,  and  re- 
solvttl.  That  the  sum  of  five  thousand  jjouods 
ihould  be  paid  hy  the  judg^es  »nd  proseculors, 
to  sir  Thomas  /^Vrnstrong^'s  lady,  ajid  children, 
B»  a  recompene^  of  the  losst^  thev  had  sus- 
tained by  reason  of  his  attainder,  tlic  bill  was 
recommitted  (upon  the  dol»ate  of  the  House)  lo 
the  sauie  Couimtltee. 

Til  is  bill  not  p^ssrngr,  the  Attainder  stood  in 
force  liU  6  Wilhara  iind  Mary,  wlien  it  was  re- 
versed upon  a  Writ  of  Error  In  ihe  King^s- 
"  eoch ;  ibr  that  the  record  did  not  mention 

here  the  court  of  Hustings  were  held,  the 
da  Dro  Chitatt'  London  Ijeing  omitted.  4 
Mod,  Hep,  366. 


t  A  COPY  of  the  IMPER  dehrered  to  the  Lord- 
Keet»er  NORTH,  the  Lord -Chief- Justice 
^^  JEFFRliYS,  aud  Mr,  ATTORNEY- 
mm  GENi^R\L,  by  the  Lady  ARM- 
^"  8TR0NG,  on  the  behalf  of  her  husband 
I  Bir  THOMAS  ARMSTRONG . 

|l  My  L(.rd ; 

I  am  iiifornied,  That  by  the  common  law  of 

nes^  examined  against  him  admitted,  that  he 
did  not  dcmaitd  execution  of  sir  Thomas  till  the 
judges  had  declared  theQisel?es»  and  that  as  to 
die  Writ  of  Error  he  said  it  was  oot  in  iiia 
iKVwcr  to  t^aut  a  Writ  of  Error,  but  tliat  the 
tug  or  lord  kce|x.'r  muM  be  applied  to  by  |>e- 


nl  oral 


Bug Umd,  any  cnati  that  was  ouu 

or  tt'eoBon,  might  brim;  a  writ  < 
?erse  his  outlawry;  which  was  to' 
» f?x  debjtft  jusiicia* ;'  though  it  nil 
r¥^rtf>er  f^r  suing  for  such  a  writ  of « 
'  .»  W  by   way  of  petitioii  (l 

(  !  uonstmncc  de  drait  lor  U 

ami  so  It  Uiis  re<K>lved  an  Niuiau  Mtf 
Co.  4  Inst.  *!.'). 

Next,  by  the  common  law,  if  aay 
in  Ensrhiud  at  the  im»e  of  the  exigei 
and  went  out  of  the  realm  alter  that, 
theoutlnury  protiounr^d,  he  couki 
sign  that  tclr  error,  that  he  was  h 
at  the  same  time  of  the  pi'onoatictng 
la  wry;  and  the  reason  is,  be«iii«« 
hereat  the  time  ol*  the  awan  i 
aud  mi|£ht  reasouubly  havt^ 

On  the  other  side,  If  any  were  cju 
land  during  the  whole  process  and  | 
tion  of  the  outlawry,  it  was  never  1 
Imt  that  was  an  error,  and  might  I 
for  error,  either  hy  ihe  iiarty  or  hia  I 
eouuuoti  law,  and  so  continues  to 
and  was,  not  long  siuee,  adjudged  in 
case,  the  Irishman,  who  came  io 
years  after  the  outlawry. 

Then  comes  the  stitute  of  5  ai 
6  cap.  11.  and  enlarges  the  law  fcMr 
of  the  outlawed  person,  aud  gives  k 
to  assigu  for  error,  that  he  was  bej 
the  time  of  the  outlawry  pn»uoiinc< 
he  could  not  do  by  t^ommou  law, 
siaiote  ;  and  so  continues. 

Then  comes  the  proviso,  and  say 
must  come  iu  within  a  year,  aad  n 
self,  to  be  entitled  to  the  beiietil  o1 
which  was  to  atisigu  for  crrtir,  tlkat  1 
yoniJ  se<k  at  the  time  of  the  o<utl 
uouueed> 

So  tiiRt,  my  lord,  upon  this  short  i 
law,  an<l  mv  husband^s  case*  be  bei 
sea  all  ihe  time  of  the  (rrocesH^  and  i 
of  the  outjiiwiy  pronounced,  it  is  co 
is  well  entideil  to  assigu  this  for  ei 
common  taw,  without  any  aid  of  I 
ttf..M.ri,  ift^  nroviiio  iu  tliat  statuta 
I  4  him;  which  f  with  tub 

!i       -        J  of  many  leiimeo  f 
tlmi  he  IS  within  the  tntetit  and  i 
proviso,  for  many  reasons  ttni 
your  lordKhip  witli  now. 

Therefore  I  do  hope  that 
husband's  being  the  first  case 
was  executed  upon  an  outlawry  (tl< 
desire  it)  luay  have  thai  **t-jaht  with 
shift  ih.it  U  dcMi'r^es :  iind  do  hiipe 
lordship  will  so  »dvi^•e  the  king  ii 
law  (wdose  counsel  you  are),  that  n 
may  have  a  writ  of  crr^ir  graiitetl 
counsel  ussigatil  him  to  ar;iiie  these 
by  the  law  liss  h«den  allowed  to  crimi 
piUil  cases,  with  whatsoever  else  si 
upon  the  record  of  outlawry  urodu 
a«  yet  my  buaband,  or  any  lor  him  n 


"4 

Lsa  mm 


STATE  TUIAIA  ^  Ciurles  II 
»nm^  ift  Rm|^  Nurtii'ii  ftdeccc  of 


Mi    :i]nAu'*itn>H    I 


'   il  u  wril 


t  «ii«l^  wa<K  oiaU««v<Hl  lor  tiit^    Uv<?  Floi 
j«pfM»nl  u  ftir 

I  his 

9«^ii«i  iM    ji-iK*     :*  ^\^^l  oi  •  in  r^  ami  bc 

tB   ||lcfliil.       Hut  the  jut^^^cii  utre  *'t 
>—"»•»  IfTutlj^Kt  ■'»  I'^i  ►'    "  f'    'C'ninst 
«  f«nrf«rri  ;i  the 

I,  litrcttpou    I  ate^L 

|w*jfi-p    fnr   n  writ   of>rrnr  ;  jinil,  i'Xti- 
P  ^ittuid  that 

telt  tr«a<»on, 
ULixU  out  u  itUtJut  a  H  armi»i 
'ISeiK'rml ;  lior  U  im  mot  u  wrU 
vour ;  aiut  '  '         ',    cJe- 

_Ti»t  Mpal  lijid 

But  t. 


mil»<jliM«4:  ]'  i<r    It. 

iii^  afWrvt  ^  .  it^d 

ftr^iiit  (iC  a  (liecc  of  comnum  jiihiic*' 
^^VtiiOkl;    »ihJ,  n^Wr  tli*'  H' volutiun, 
li^-ffuin  ii»  o|K'ii  uinmt  it. 
»fi«per  was  lrnuK-il,  mimI  pul 
of  MiriaM  nil  (iiWi K,  ^*  hn tin  il 
ifl»nE|irtflcoi  fAHher,  ihut,    K  It 
«^  iIm  cufiilor  li»  UHiki^  nut  wntii 

m.     Ami 
I,  ih  llmt 

^  ,..   I,:tl1      to    UlM 

^H'  ti..-  li'tuial 

t2,  'I'he  ap< 

apL<etal   viriiA 

rlri  uutitein  ly  otKfii  court,  or  Uy 

^t  wladihtm^  (raoM,  m  fins  i»  wkiU: 


^tai   M«e   Uf^i    4 
il  writ      Htt«*H'i 


^,«4tttii 

«  II     

^^thBRfiaAltograi 


):ii4  in  Um? 


.  1 68  i.— Sir  Wowirf  Armitrcng.       [  128 . 

ever  iiia<lt*  in  tlsil  caxe.    3.  An  oniJ  applies tfOQ 
in  prtrale^  m  not  to  \*e  lecfanled,  because  Umtc 
iii  uo  ccitniulv  of  >TUat  la  cither  allied  or  d^*  1 
hum)      P.r.«jin*s*»  of  that  kiuU,  ui  ool  trLisi«4  | 
;  hut  majii  U;  in  writiug-,   because 
»  'Hprr  is  iittt  to  nohcii  atiy  m^irs  luii] 
iil  hiH  iuj>tau4^e.     lie  may  direct  ifheihiiikal 
lit,  hut  is  not  hound,     8fjiU)in!i  must   liiJlow  iQ 
the  j»h»|wr  f>1ii«'#-s;  and  it  was  nc%er  lieanl  th«t  ! 
sucli  suit  It  as  nmiU  to  the  lord  keeper,  but  from 
the  person  ivhuae  am*  it  is.     There  Yvaji  rca*i 
Aoji  to  endeavour  a  rif^ht  uiidentundin^  at  tbaij 
time^  w  hco  roramittt^ts  of  br)lJj  Houses  afkaft  1 
nertj  appoiotrtl   to  enf|tiire  mU*  tl»e  foregoing  J 
proi^ecdinf2fH.     Th&t  itt  liie  House  of  Lorda  w$m  j 
rulJed   tlur  Committee  of  Murther.     But  alUv  j 
all  uivtUnU  of  t oquiry   Uiat   could  he  taken 
upoo  outh  or  oilierwiaife,  oo  k)ame  Has  tuuud  in  , 
^Tiy    indite  or  mimster   in  the  time  of  kin^j 
Charles  2,     VVht<'li,  ys  hiiM  been  touched  al*  1 
rcady^  is  a  vimlicatiorv  that   few  ages,  pot   t4J 
such  atrial,  ^uld  hope  Ibr/' 


A  Copy  of  the  PAPER  delirered  by  Sir  Tbo 
■AS  ARWfTRttNG  to  the  Shmlf. 

1  thank  Almighty  Cod,  ihon"^l>  I   Km ve  bail 
but  a  short  time  alhw^  mr,  I  r  pre-  1 

pared  for  deathi  and  cny  thofi;^l  m  uao^l 

tUer  viorkl  ;  aud  I  trust  iu  (jod's  mercy,  1  am] 
\^t4\  weaoetl  from  stttio}^  my  heart  on  this :  ' 
yet  I  i'linttot  but  givt-  so  miK^h  af  my  htile  lime^  j 
(o  set  down  in  ^viitiug  my  answetM  to  aoiiie  t 
lumnien  raifted  since  my  clu^e  imprisuruneiiL  1 
HA  well  as  what  Mr.  AiU>rtiey  accused   me  ^J 
ut  the  bar.    I  was  told,  a  very  i^reai  peri&D  i 
f  was  a  spy  of  Cmmwetf's.     1  was  sent  fron 
'''"'••  ►ly  the  hetii  and  loosiilerti blest  frietM 
\u\  then,  with  hilU  of  exchange, 
wry  great  importanre  lo  his  majeitjf  j 
1^  ;  I  appeal  to  ltismaje«t}  if  I  delmr* 
t)Ot  sale,   and   Iuh  answer  to  ifa 
wheu  1  TL turned  :  Whieh  I  hkd  not  bc^n  abof#l 
nix  days  hut  1  was  elappetl  up  a  cto»e  prison<9J 
in  the  Gatehouse,  and  in  extreme  dani^r 
my  hfe  for  that  journey.     Before  this,  1   ha 
been   a   year  in   Lambeth- house  a  prif^ooer  ] 
and  alW  a  prisoner  in  iheTower^  when   ibe 
Uiiurper  dietf^  und  riear  starvintT  in  evefv  one  nf 
ilN*in  :   tery  dl  treatments  for  a  «py  »qu  a  ueo^ 
sioner  \  My  lord  td'  Clilord  and  many   alnert 
ol'  quiihty,  will  1    think,  testify  my    iuuoccficse 
UI  tlwj*  point.    1  protect,  heftMcGoif  I  wns  itercr 
a  flfiy  nr  pcnstniier  to  Cromwell,  or  any  other 
wan,      On  Haturday  last  I  was  brought  lUiwtt 
to  (he  King's- bench   l»ar,  ou   an  outlawry  of 
high  treiisou  :    I  was  aiiked  whut  I   had  Utaty 
for  my^ell,  ihatjodifinetit  of  d*ath  should  w^ 
pass?    I   aoHMurod,   Thai    I    was  heyciwl  nem 
when  the  ouUawry  tame  out ;     I  thought  t|ie 
law    allowed    a  wnt  ol    error  to  revrrne  it  ;     I 
prayi^l    I  nii(^hl  he  allowed  a  tni»l  for  my  life, 
lunmlmg  to    the  bw^of  the   bud;   1    ur|^c4 
the  statute  tif  Edviard   r»th,   vUitdi   was   ex- 
presH  for  it ;  but  it  *iigiuB«^d  nothing  :     I    waa 
coiidciiimed,  and  made  a  precedent ;    thougli 


I 


i2S] 


STATE  TRIALS,  36 ChablbsU.  l6si..—Proeeedingi.  ^r. 


[IS 


Mr.  HoHoway  a  little  before  had  it  ofTered  him. 
I  cannot  but  think  all  the  world  will  conclude 
roy  case  very  different :  and  why  was  it  refused 
me  ?  Mr.  Attorney  accused  me  there  for  bein^ 
one  of  those  that  were  to  kill  the  king  as  soon 
as  he  came  buck  from  Newmarket  after  the 
tire.  I  take  God  to  witness,  I  never  was  in 
any  desiorn  to  take  away  the  king'&  life ;  neither 
had  any  man  the  impudence  to  proi>ose  so 
basc^  and  barban>us  a  thin^'  to  me  ;  iieitner  was 
I  ever  in  any  desi<^n  to  alter  the  government 
of  England.  What  I  am  accused  of,  I  know 
no  otherwbe  than  by  reports,  and  prints;  which 
1  take  to  be  uncertain.  80  that  it  cannot  be 
Expected  I  should  make  particular  answers  to 
them.  If  I  had  been  tried,  I  could  have  prov- 
ed my  lord  Hcmanl's  base  reflections  upon  me 
to  be  a  notorious  falsehood  ;  for  there  were  at 
least  ten  gentlemen,  besides  all  the  servants  in 
the  house,  can  prove  I  dined  there  that  day. 

I  have  liveil,  and  now  die,  of  the  reformed 
religion,  a  true  and  sincere  Protestant,  and  in 
the  communion  of  the  church  of  England.  I 
have  found  the  great  cdmfort  of  the  love  and 


mercy  of  God,  in  and  through  my  bless< 
Redeemer,  in  whom  I  ouly  trust ;  *and  I  < 
verily  ho]>e  I  am  going  to  partike  of  that  fu 
ness  of  joy  which  I  believe  is  in  his  presence 
thebojies  whereof  do  infinitely  please  me. 
thank  God,  1  have  no  repining  at  my  he:ui  ft 
the  condition  my  sins  have  most  deserved  I 
brought  me  to  ;  I  have  deserved  much  won 
at  the  hands  of  God  :  l!fk>  that  I  checi  fully  sal 
mit  to  this  punishment,  as  being  taken  off  bi 
a  small  time  sooner,  i  do  freely  forgire  1 
the  world, even  those  concerned  in  taking  awi 
my  life.  As  for  the  sentence  of  death  pam 
u|)on  me,  I  cannot  but  think  it  a  very  hard  dim 
being  denied  the  law  of  the  land,  as  I  thin] 
To  conclude:  As  I  never  had  any  desig 
against  the  king's  life,  or  the  fife  of  any  mai 
so  I  was  never  in  any  design  to  alter  the  gn 
vernment.  I  die  in  charity  v^ith  all  the  woriil 
and  therefore  I  heartily  pray  God  to  bleas  tl 
church  of  Christ  every  where,  these  jxMir  ni 
tions,  and  the  king's  majesty  ;  and  I  heartii 
commend  my  soul  to  God's  infinite  merr 
through  my  blessed  Saviour,  Jesus  Christ. 


Remarks  upon  the  Award  of  Execution  against  Sir  Thomas  Arm 
STRONG ;  by  Sir  John  Hawles,  Solicitor-General  in  the  Reig 
of  William  the  Third. 

trial  to  sir  Thomas  Armstrong,  which  waanen 
denied  any  person  before  nor  since,  wjhere 
was  agreeil  that  all  the  mtnesses  agiiiMt  til 
]ierson  accused  were  alive,  as  in  sir  Thomi 
Armslronjj's  case  they  were,  barely  upon  tfe 
quibble  of^thc  word  *  nMider,'  which  in  no  c 
that  ever  I  rciid  was  ditlerenced  from.^t  " 
but  in  one  cast*,  which  is  Smith  and 
case,  in  Cro.  Car.  58.  in  an  outlawry'  for  deb 
against  husband  and  wife,  which  will  not<9 
tend  to,  or  warrant  the  judgment  in  this  can 
and  if  there  were  but  a  doubt  in  the  case,  as 
canuot  be  denied  there  was,  the  outlawry  oogl 
to  have  lK*en  waved,  or  ut  least  counsel  1w  ll 
prisoner  heard  as  to  the  [M)int. 

It  was  a  vain  and  unjust  reason  (and  onl| 
tending  to  incense  tlie  thing)  assigned  by  A 
attorney,  that  the  prisoner  was  one  who  aett 
ally  engaged  to  go,  U]K>n  the  king's  hasty  cMl 
ing  to  town  to  destroy  him  by  the  Wifl 
whereas  the  prisoner  offered  to  pro\'e  his  intfi 
cence  in  that  and  other  matters  of  wbk^_  1 
was  accused  :  and  even  that  objection  agaili 
him  was  an  invention  of  the  attorney's,  i 
any  thing  appears  \  but  then  it  was  remlvw 
stop  at  nothing,  and  success  had  made  tb^ 
fearless.    Fitzharris  and  Colledge  it  was 


AT  common  law,  if  a  person  was  beyond  sea 
when  an  outlawry  was  pronounced'  against 
him,  it  was  an  error  in  fact,  for  which  the  out- 
lawry was  to  be  reversed  ;  and  it  is  ah  error  in 
all  outlawriw  but  fbr  high  treason  to  this  day. 
By  the  6tti  of  Edward  6th,  that  error  is  taken 
nway  in  high  treason,  but  there  is  a  proviso  in 
that'statute,  that  if  the  person  outlawed  shall 
within  a  year  afn^r  the  outlawry  pn>nounced, 
yield  himself  to  the  chief  justice  of  the  King's- 
bench,  and  oH'er  to  traverse  his  indictment, 
and  on  his  trial  shall  be  actiuitted,  he  shall  be 
dischai-ged  of  the  outlawry.  Upon  the  con- 
sti'uction  of  this  statute,  no  judgment  was  ever 
given  that  I  know  of ;  and  the  reason  is,  no 
man  outlawed  was  ever  denied  a  trial  till  this 
time,  if  he  was  taken  within  a  competent  time. 
The  reason  of  making  that  statute  was  this ; 
men  would  commit  trc^ason,  and  presently  fly 
beyond  sea,  and .  stay  there  till  ttie  witnesses 
who  should  prove  the  treason  were  dead  ;  then 
retnm,  and  reverse  the  outlawry  for  the  error 
of  their  being  beyond  sea ;  and  the  witnesses 
being  dead  they  were  safe  :  and  therefore  this 
statute  takes  away  that  error  in  part,  though 
not  in  the  whole,  and  doth  in  effect  say,  that 
the  person  outlawed  shall  not  have  advantage 
of  tnat  error,  unless  he  comes  and  takes  his 
tiial  within  a  competent  time,  which  that  statute 
limits  to  a  year  al\er  the  outlawry  pronounced. 

This  being  phunly  the  sense  of  the  statute, 
was  injustice  to  deny  the  favour  or  right  of  a 


had  hard  measure,  and  that  their  cases  bM 
be  forgotten,  their  quarters  were  buried ;  ■ 
sir  Thomas  Armstrong's  were  exposed,  tboOl 
the  proceedings  against  him  were  equally.  | 
unjustifud>le  as  in  tike  other  two  cases. 


STATETRI ALS,  36Ch arlesII.  l6S4,.^Proeeeding9, against  TUugOates.  [126 


Proceedings  on  a  Writ  of  Inquiry  of  Damages*  between  his 
Royal  Highness  James  Duke  of  York,  in  an  Action  upon 
the*  Statute  <Ic  Scandalis  Magnatum,t  and  Titus  OATES,f  in 
the  King's-IJench:  SSC^harles  II.  a.  d.  1684.§ 


Imyil  highness  the  duke  of  York,  haTing- 
^  la  action  a^inst  Titus  OateSf  ^roundecl 
ilhcrtatntc  tie  SramUIis  Matrnatiim,  for 
rimderous  and  opprobrious  words,  the  de- 
ls to  the  Writ  of  Inquiry  to  assess  da- 
Id^  and  the  execution  of  it,  nee  tbe  Books 
Ptacbcc  and  the  Laiv  Dicttooar^*,  title 
i^nent  1;"  title  ''Writ  of  Inquiry  to 
■  Oamaj^es."  Under  tbe  first  of  these 
iiilbe  Law  Dictionary,  edition  of  1U09, 
■U,  ^*  the  number  of  jurors  sworn  upon 
■fMSt  need  not  be  confined  to  twelve  ;'* 
fa  BQie  is  laifl  down  by  Mr.  Christian  in 
ill*  S  Blackst.  Comm.  .'^98  ;  hut  no  au- 
ihria  suj^port  of  the  posiiion  is  citcu  except 
Gmc  ot  OHtea :  ideb  qua^e.  It  appears, 
hdOL  Comiu.  398.  Law  Diet.  tit.  Judg- 
i  1^  that  by  the  judipiicnt  out  of  which 
Wnl  of  Inquiry  arises,  <'  the  sheriff  is 
■Miled,  that  bv'the  oaths  of  twelve  honest 
i^mhd  meo,  be  inquire,"  &c.  For  the 
U'wgf  in  ciTil  suits,  the  sheriff  is  coin- 
■Ml  H  diat  he  cause  to  come,  &cc.  tweke 
^  ai  kvfal  naeu,  S^c.  to  recoy^nise  the 
fk^kt.  Hee  Law  Diet,  title  Jury  IV.  As 
tIblVik  if  Inquirv  in  Replevin,  see  Scl- 
llfiViiMn,  Replevin,  sect.  9. 

f  Alii  Aeietion  for  Scandahim  Marrnatntn, 
^  M*ja*i  Abridgement  of  the  Law  of  Nisi 
**      *    .  Sounder. 


.  ia  tills  V<»liime,  the  Reports  of  his 
Sir  Peijury  on  the  8th  and  «Jth  days  of 
MBS. 

t^fteCrequency,  about  this  time,of  prosc- 
■■H  fcr  de&maiory  speeches  and  writing's, 
'~^  I  way  be  formed  from  the  follow  in'*" 
I  extracted  from  Narcishus  LuttrelFs 
t «  Brief  Histnrif;al  Relation,"  &c. 

I^liv.  98lfa,  1(»B2,  btin<r  the  last  day  of  the 
^  Mr.  PULingf cm,  late  sheriff  of  tioudun, 
piM»ihe  court  nf  Rinse's- liench,  and  ren- 
Undf  into  custody  iu  discharge  of  his 
IhAeSkaodalum  Ma^natum  by  the  duke 
ifuostbim. 

}  3d,  1683,  was  a  trial  at  bar  iu  the 

iu  a  Scandalum    Ma^^natiun, 

the  duke  of  Onnond  a|f dinst  Mr. 

•pttcringtDn,  for  speakini;^  these  words 

PS  Iht  be  was  a  Papist  aiid  in  the  Irish 

Ifailtv  of  hiirh  treason,  to  bis  damage 

~iM.    fbis  was  tried  by  a  substantial 

ki  eouoty  of  Surrey :  the  witnesses 

^  tbe  words  were  Narrative  Smith 

ttWarcup,  who  swore  very  home; 

Miiidiiit  making  little  defence,  the 

ite  guiag  frou  the  bar,  timnd  fur 


fendant  suffcretl  judgement  to  go  against  him 
by  default,  uud  thcreui>on  a  writ  of  inquiry  was 
taken  out,  directed  to  the  sheriff  of  the  county 
of  Middlesex,  to  enquire  by  a  jury  of  that  county 


the  plaintiff,  and  gave  him  10,000/.  damages  ;^ 
upon  whicli  Hatherington  rendered  himself 
into  custo<ly  in  discharge  of  his  bail. 

<<  April  30,  ICStl.  In  the  afternoon,  at  the 
Nisi  Prius  for  the  county  of  Middlesex,  before 
the  liOrd  Chief  Justice  Jeffcrys,  George  Caw- 
dron,  steward  to  the  earl  of  Clare,  was  tried 
upon  an  information  for  speaking  very  scan- 
dalous and  seditious  words  of  his  majesty  and 
the  government,  and  was  thereof  found  guilt}'. 

**"May  3d,  was  a  trial  at  the  King*s- bench 
liar,  in  an  action  of  S«!andalum  Magnatum,  by 
his  Royal  Highness,  brought  against  John 
Dutton  Colt,  es((.  a  member  of  parliament  for 
the  borough  of  Lcmster,  for  very  scandalous 
words  spoken  of  the  Duke,  which  words  being 
fully  proved,  the  jury  went  from  the  b:ir,  and 
presently  came  in  and  found  for  the  plaintiff, 
and  gave  him  damages  to  100,000/. 

'*  His  Iloyal  Highness,  some  time  since, 
commenced  an  action  of  Scandalum  Magnatum 
against  Sir  Francis  Drake,  bart.  of  the  county 
of  Devon,  for  words  spoken  by  him  of  the 
Duke  about  four  vears  siuce;  wluch  he  hearing 
of,  and  that  a  writ  w  as  coming  dow  n  iw  arrest 
him,  tiiought  tit  to  abscond,  and  is  since  gone 
beyond  sea,  and  has,  as  i:;  suid,  dis|)osal  of  his 
estate,  thinking  it  better  to  ha\e  his  liberty  m 
•A  foreign  country,  than  be  laid  up  iu  his  own 
for  100,000/. 

**  His  Royal  Highness  has  brought  his  ac- 
tion (if  Scundahiin  I\lagnatum  against  Dr. 
Tiius  (>ates  for  words ;  aud  not  being  able  to 
lind  bail,  he  wjis  committed  to  the  Compter,  * 
and  since  turned  over  to  the  King's-beucb. 
prison  by  ITubeus  Corpus. 

"  9th.     Kdward  Noteworthy  the  younger, 
esq.  plead(»l  at  the  court  of  King's^bench  >'ot 
Guilty,  to  au  inforuiation  for  these  words :  He 
hoped  to  see  the  judges  hanged  that  tried  Fitz  v 
liarris. 

"  12th.  George  Cawdron,  convicted  som< 
time  since  for  seditious  words,  came  to  recei\*{ 
the  judgment  of  thr  court,  which  was  to  pay  a 
Hue  of  100/.  to  stand  [qu.  in  the  pillory]  in  thu 
Palace-yard,  at  Westuiinster,  aud  in  Clare- 
market,  to  fmd  surelirs  of  his  gcKMl  behatiuur 
for  life,  and  be  committed  till  this  l>e  done. 

"31st.  Kol)ert  Julian  came  t:»  the  court 
of  King's-bcnrh,  and  pleaded  Not  (luilty  to  an 
information,  for  making  and  pubiisliinir  that 
sciuidahms  IIIm^I,  lM*ing  a  ballati  to  the  tune  of 
"  Ohl  Sinum  the  King.*' 

"  June  Hill.     J'ranci>  Smith,  bookseller, 


STATE  TRIAfJS,  5<S  Cn.II,  }6nu—Pn>(redhf^$btiw€m  (ke  D,  vf  Vork  [1 

fihould  bfc  oxrcuted  nt  tboharoo  this  ilay,  \ 
tbiit  ilie  hi^li  Micrifl*«)iotilda|i(M^r  nml  ar 
cheexecutiod  of  the  writ  in  penwri.  Accordi; 
Iv  ibis iluy  sir  Peter  Daniel,  kt.  and  Sooii 
fliwUuwMl^  e*q.  the  ihen  sheriffs  of  the  ro«o 
(if  MickltcMMrx,  came  into  tliis  court,  iitiil 


iwbaldacnage&tlie  plaintitrhml  sustained  there- 
bVf  Mttd  upon  ft  inoiioii  madf?  ai  lite  court  riT 
KuigVbrnch,  a  day  was  14-ivfm  to  Uie  di»f«>u- 
dant^  to  shdv  caUfeVhy  l^at  writ  of  inquiry 
■liauld  not  he  executed  at  the  bar  of  thul  i>jw% 
which  be  Qot  doing,  it  wa»  ordereil,  that  it 


nt  the  Ele^jhant  and  Castlef  in  Comhill,  was 
tried  bdbre  the  Lord  Chiel"  Justice  JeflVrys, 
%tju>x\  an  iitformalion  for  Rritidii£[^  and  publish- 
ui^  ft  scandnlous  lihel  callc<i  The  flaree  8he» , 
ul' which  he  wils  foiiuil  giulty , 

•^  June  18th.  8ome  time  since  the  duke  of 
York  broMg'hl  his  actioti  of  ^icandaJum  Hag- 
tiatum  against  I>r.  Oatcs,  upon  which  he  w^s 
ajTCJiteii  and  committed  for  wunt  of  hsiil ;  be 
thou^t  it  not  fit  to  stau'l  a  tnal,  so  lot  jinlg- 
inent  pass  by  default,  upon  which  u  \Viii  of 
Ivnquiry  of  dania|i?ei4  was  nnited  for,  and  or- 
dered tabe  at  the  KJnj^*!^- bench  bur  ihiH  day  ; 
nhich  Qccording-ly  came  on,  and  a  {iiry  Was 
aworOi  the  shcntfa  of  Middlesex  att«?ndin«;' :  the 
ivordiv  were  proved  Tery  fully,  being-  very  hcmi- 
daloti!(,  with  several  other  malidous  \i0rd5  of 
hif  tjtoken  of  his  Royai  Highness ;  so  thiit  the 
jury  assessed  damages  to  100,000?,  and  20*. 
costs  of  suit.  The  words  were  ^jKikeii  two  or 
lljree  yetwrs  ago ;  atid  the  dijfendant  niride  no 
dd^ce  mi  mS^  nor  did  any  one  a^^pear  fur 
litm. 

*'  One  Hindmarsb,  a  bookseller,  convicted 
of  printing  and  rnjl>ii^)n:nrr  n  Mnsphemoufi  hbel^ 
entith-d.  The  1  ler  NosttT,  was 

iieniLntt*e<l  to  p.  _ 

•*  Francis  Hnnih^  convicte^i  Intdy  of  printiDij 
and  publishing^  that  hltel,  called,  'Tbt  Raree- 
Shew,  was  brotighi  the  18th  to  the  Kinsf*s- 
bcnch  bar,  and  sentenced  to  pav  a  fine  of  M)Oi. 

^Aand  in  the  pillory  at  the  Wlaceyard,  at 
Iminster^  at  ihc  i* emple,  aiul  at  the  Royal 
bange,  and  the  libel  to  be  burnt  by  the 
foranion  banffiuan,  and  to  have  a  paper  set  on 
biiii  sdiinilyiftg  his  crime  ;  to  Hod  Nurelii-^  for 
hb  ^ood  behariotir  for  life,  and  bu  committeit 
till  all  this  be  done. 

*♦  Nov,  3d,  163^,  Robert  Nicholson  and 
Wm.  Dalby,  two  of  Oates*s  men,  pleadetl  Not 
Guilty  to  iotbrmarrous  far  speaking  scandalous 
and  seditiou«f  word^j  of  the  Kiog^  the  Duke,  and 
the  Government. 

"  Nov.  13th.  One  Harris,  an  attorney,  of 
WmdbOf,  convicted  of  speaking  steditious  words 
again^  tlie  king,  was  sentenced  to  pa}*  twenty 
nobles  fine,  and  to  stand  in  the  pillory  at  Reatf- 
iDg,  Abitigilon,  Newbury,  and  Windsor. 

•*  The  same  day  alsiti,  Julian,  secretary  to 

the  ,    convicted  for   publishing  many 

■candalons  lilieJs,  was  scnlcnrcil  to  pay  100 
marks  fine,  to  stand  in  the  pillory  at  West- 
minster, at  Chi»ring-cross>  and  at  bow- street, 
and  to  be  boood  to  his  good  beliaiiour  during 
Me. 

**  13tii,  wn%  a  trial  at  the  King's-bench  Ijar 
against  Mr,  Edw.  Nojicworthy,  for  seditious 
irords,  in  saying.  He  hopt-f!  to  live  to  see  the 
judges  hant;iHl  that  tried  Fit/^surris,  This  was 
lata  tt>  bt  don«  m  WiltshircN  but  tha  witnesses 


testifying  the  words  to  be  spoken  in 
shire,  he  nas  acuuitted. 

'*  15lh.  Nathaniel  Thompson,  the 
printer,  was  brontrht  to  fhf  court  of  Kinj* 
bt2»ch,  and  p|e;idL'd  Not  ftuitty  to  an  indli 
ment  for  printing  and  pntdishitig  a  soiindak 
popish  likl,  enlitJcd,  The  IVtwIigal  Son 
tnincd  hnni**;  which  denies  the  king-**  sup 
macy  in  ecclesiasitical  atfairs. 

**"20th.     Elias  Bosi,  convicted 
since  for  drinking  a  bijlth  to  th< 
pious  Stephen  Colledtje,  xtn^  ^'" 
court  of  King*S'beitch,  and 
1,000/,  fine,  to  stand  in  the  ^ 
minster,  at  the  Kx change,  and  ut  Guddti^ 
for  the  space  of  an  hour ;  be  bound  to  Uk  go 
heUuriour  for  life,  and  be  committed  till  thisf 
done. 

**  2(3tli.       Nathaniel   ^ 
thcri?  for  nrinlini^  ond  p»i 
popish    li(>el,  calletl,    The    s*n»ai;^\ii  ni 
liomc,  and  ihert^ot  found  gnihy. 

*  '2Hth.  .Mr.  Butler,  of  N-v*!' "-  ♦  -■ 
convlcteil  the  last  assises,  for 
readrng  the  Addn*ss  of  the  F. 
county  to  the  &  night ^i  of  the  ^ 
l*urliamcnt,  was  brought  to  lh» 
bench  to  receive  the  juilgincut  «f  tUr  ixmti, 
which  «ns  to  pay  a  fine  of  500  marks,  to  ti»ii 
sureties  J  or  his  gt)od  b^javiour  for  life,  and  be 
committed  till  this  is  done, 

''  Jan.  93d,  1684-5.     Being  the  finl^ 
term,  several  persons  appeared  at  the  < 
King^s-bench,  being  bound  thereto,  a 
their  app^rances  recorded.     Then  also,  Milj 
Fleet woiid  and  sir  Thomas  Hamwell 
Not  Guilty,  for  publish inj^,  jjrinting,  i 
iug  a  liWI  called,  An  Address  to  the  j 
of  the  Shiie  for  the  Coimty  of  Northa 

*'  23d,  Mr,  Henry  Baker  pleaded  Noil 
to  au  information  for  scandalous  words  a^ 
Che  duke  of  York ;  as  also  one  Norden  did  ' 
an  indictment  for  publishing  the  acaadalo 
libel  in  vindication  of  the  lord  of  Essex. 

*'  Then,  also,  sir  Scroop  Jl 
Guilty  to  an  Information  for  t.^ 
fleeting  words  on  the  duke  of  \  ^t  n.. 

^'  F'eb.  11-  The  same  day  Didhy  and  3 
cholson,  Oates*s  two  men,  convicted  forsficd 
ing  seditious  and  scnndalous  words  againit  I 
late  niajesiy  anil  ilii*  prt*seot  king»  were  91 
tenced  eacli  to  pay  to/,  fine,  find  sureties 
life,  and  stand  in  the  pillory  in  all  Uie  reroi 
able  parts  of  the  town. 

♦»  Nov.  16,  1686.    The  court  passed  j 
ment  00  the  attorney,  Mr.  Edward  ^ 
being  convjcted  of  speaking  w  ords  againit  I 
t'barles  the  F'irst ;   he  wa^i  adjudged  to  ] 
when  taken,  100  iiiark*fme,  and  he  impri 
till  paid." 


STATE  TRIALS.  36  Chtarles  11.  j684.— «iii{  Tilut  Gates. 


[130 


e  taUe  at  the  jud^^  feet,  ivcir, 
■Bcutiou  of  the  writ,  covrred.    Mr. 
■  the  then  Under-Shcriff  maaaged 
eeded  in  this  manner. 
trif.  Crier,  call  sir  Charles  Lee. 
OS  avez  sir  Charles  Lee.    [Who 

eriffl  Yoo shall  well  and  truly  cn- 
agcs,  between  the  most  illustrious 
s  dufce  of  York  an<l  Albauy  plain- 
ts Oites  defendant,  and  tdercin  a 
pve  according  to  your  evidence. 
God. 

ereat  were  sworn  thus  . 

friff.  Sir  William  Hill,  sir  Richard 
id  air  John  Berry  ;  the  same  oath 
B  hath  for  his  part  taken,  you  and 
Ibr  jour  parts,  shall  well  and  truly 
elp  TOO  God. 

trifi  Thomas  Harriot,  Thomas 
'alter  Brydall;  the  same  oaili,  '!kc. 
•e,  Thomas  Done,  and  William 
■me  oath,  Vc  John  Sharp,  and 
fBoU  I  the  same  oath,  ^4:. 
iaaae  to  have  any  more  than  twelve 

SrOeor|i;e  Jefferies.)  How  many 
iHfe?  Prmy  swear  au  odd  number 
m&o. 

wif^  Then  I  will  swear  three  more, 
%■  just  fifteen. 

iBven,  Nichohis  Baxter,  and  John 
i|Mne  oath,  &c.  The  names  of 
^  upon  the  Inquiry  :  sir  Charles 
Wmt  William  Hill,  knight,  sir 
■Mon,  kt.  sir  John  Herry,  kt. 
■iot,  Thomas  Row,  Walter  Hry- 
I  Qttise,  Thomas  Dune,  Willi.im 
iflharp,  Noheniiah  Anioltl,  Franris 
halaa  Baxter,  cscjnircs,  John  Kirk, 

mif^   Gentlemen,  you  are  sworn, 

I'awriL 

ftytreaditto  tlicm. 

iiny  *•  Charles  II.  by  tbt  Grace 
d, Scotland,  Fraiu'e  and  (ro- 
of the  faith,  Ncc.  to  the 
K,  Grc'utin^  ;    wlitTcas  th.* 

law  orince  James  (hike  of  York  and 

V  at    the    noblcrs    and     po<Ts  uf 

V  mist  dear  and  only  brother, 
1^  &C.  lately  in  our  court  Itcfure 
■hater,  by  bill  wiiiKMit  our  writ 
HlMOates,  then  in  the  ciistolyof 
Itfoar31arshal««ca,b(>iore  us  h<Mni>f, 
RM  in  a  statute  made  ill  the  pur- 
llhard  9,  late  kini;  uf  En;;l;uid  after 
l(  tiddatGloucesUr  in  th(^  second 
l^iBfl  unongKt  other  thintfs  :    it  is 

etty  probt]>ited,   '  That  from 

I  be  so  hardy  to  devis<',  tell 

a,  flukes,  earls,  barons, 

■  and  great  men  of  England, 

r,  treasurer,  or  eierk  of 

1  of  the  KiD4,^'tf  housc- 


*  hold,  justices  of  the  one  or  the  other  bench, 

*  nor  of  other  g[reat  officers  of  the  kingdom 

*  aforesaid,  any  false  news,  lies,  or  any  such 
'  false  thinp^,  whereby  scandal  or  discord  with - 

*  in  the  said  kini^dom  might  arise ;'  and  whoso- 
ever should  do  thU,  should  incur  and  ha\c  the 
penalty  otherwise  thereon  ordained  by  the 
statute  of  Westminster  the  iii-st,  as  in  the  sta- 
tute aforesaid  is  more  fully  coutaiued.  '  And 
whereas  the4th  day  of  Decemljrr  hi  the  35th 
year  of  our  reijyn,  and  lon|f  before  the  yearly 
rents,  issues  rnd  profits  ari.sin[r,  n:*  due  and  pay- 
able for  or  bv  reason  <»f  the  (;^enera1  post-olfice 
within  this  Iclnffdoni  of  £o{>^land,  for  the  car- 
riajLfe  of  letters,  before  were  ercrtetl  and  yet  are 
established  upon  the  said  most  illostrious  prince 
Jame:  duke  of  York  and  Allmny.  The  afore- 
said Titus  Gates  the  statute  aforesaid  not  coiisi- 
derinyr,  Imt  the  ijootl  name,  slate,  credit,  dimiity 
and  honour  of  the  said  James  duke  of  York  and 
Albany,  our  bnither,  devising^  and  maliciously 
intencfinsr  to  hurt  and  detract,  and  him  tjie  said 
James  duke  of  York  and  Albany,  our  brother, 
into  the  g^reat  displeasure  and  hatre«l  of  us,  and 
ofthe  peers  of  this  kinpfdom  of  Kng^land,  and 
also  divers  other  vcucrahle  persons  our  subjects, 
to  bring,  out  of  his  meer  malices  and  envy  had 
and  forethought,  the  aforesaid  4th  day  of  De- 
cember, in  the  year  of  our  r«*igTi  ilieS5th,  at  the 
parish  oflSt.  Martin  in  the  fields  in  the  county 
of  3Iiddlesex  aforesaid,  uikui  a  certain  discourse 
then  had  and  muve<l  by  and  between  the  afore- 
said Titus  Gates  and  divers  of  uur  liege  people, 
of  and  concerning  the  aforesaid  James  duke  of 
York  and  Albany,  our  brother,  and  of  and  con- 
cerning a  certain  letter  in  the  hand  of  the  afore- 
said Titus  Gates  at  that  time  being,  divers  false 
news  and  horrible  lii*s  of  the  aforesaid  James 
duke  of  York  and  Albany,  our  brother  at  that 
time,  and  yet  being  ofiiie  peers  and  nobles  of 
thia  kingdom,  in  the  presence  and  hearing  of 
divers  venerable  persons,  publicly,  falsly,  mali- 
ciously and  scandalously  sjiid  an<l  relate<l ;  and 
with  a  loud  voice  pubiish(><l  in  those  English 
wonis  following,  viz.  *  This  letter*  (the  letter 
aforesaid,  so  in  the  hands  of  thorafoi-esaid  Ti- 
tus Gates,  as    is   h(>iorcsaid    being,  meaning) 

*  cost  uie*  (the  said  Titus  Gates,  meaning)  *  nine 

*  penci,  and  migiit  have  been  brought  for  a 

*  penny,  I  niiniseli'tlu!  aforesaid  Titus  Gates 
nii^nning)  '.  Know  noftody  is  the  better  for  it, 
^  but  that  tniitor  Janus  diike  of  York*  (the 
afortsaid  James  (hike  of  York  and  Albany 
our  only  brother  iin^aning.)  And  the  afore- 
said Titus  fnrtlnT  de>ising  an<l  malioi- 
ouslv  inteudi.ig  the  aforesaid  James  duke  of 
York  and  Alba!»y,  our  bn>th<'r,  into  the  hatred 
of  us,  anti  the  peers  of  this  kingiloni  of  Kng- 
land,  and  also  of  divers  other  venerabh- persons, 
and  our  subjects  to  bring ;  out  of  his  nieer  uia- 
Uce  and  envy,  had  and  furethouirht,  tin;  -itli  d.ty 
of  GtHXMiiber,  the  year  uln»>»-;'.iil,  at  the  parish 
of  St.  Martin  in  the  ii-.'liis  atiin-^uid,  in  thu 
coimty  of  Aliddlesex  afor<.*said,  upon  a  ciiiain 
other  discourse  then  had  and  movrd  by  and 
between  the  aforesaid  Tiles  Gates  and  several 
of  oiu   Mege  ]>ct)[tlc  of  and  coDcerniag  ihe 

K 


1^1]  STATE  TRIALS,  3ti  Ch.  IL  iSU^^Praceedings  httwem  fJU  D.  of  York  [131 

ouly  brother^  meauiag)  *  is  a  traitor/  Aod  tbe 
aforesaiil  Titus  Gate*  furtiier  contririDg^  and 
nialidou&ly  iiiteuding:  the  said  Jaicnes  duke  of* 
Vork  our  brntber,  into  ttie  hati^  of  us,  atid  of 
tbe  great  men  of  llils  Liugdom  of  fingiaiid, 
atid  al^  of  divers  otber  venerable  peraons,  anil 
our  tubjects,  U>  bring,  out  of  his  ineer  in^ice 
i^d  envy,  had  and  lorethoug^ht  the  aforcstid 
6th  day  of  December  the  3' ear  aboveaid,  al 
the  parish  of  St.  niiiriin  iD  the  fields,  in  the 
couDiy  of  xMiddlesex  albresaidf  upon  certatii 
otlier  discourse  at  that  time  had  nno  mored  by 
and  bctweeo  the  aforesaid  Titus  Galea  and 
divers  of  our  li^e  jwople,  of  atKi  coucemiiig 
the  aforesaid  James  duke  of  York  and  Albany, 
our  only  brother^  thvers  other  false  Devrs  aad 
horrible  lies  of  the  aforesaid  Jaraes  dtike  al 
Vork  and  Albaiiyi  our  only  brother,  1 
that  time  and  yet  being  one  of  the  ooblasl 
[Yecrs  of  tills k in js;dom  of  Euj^landi  to  the  pf^ 
stance  and  bearing  of  divers  venerable  persons^ 
publicly,  falsly  and  maliciously  said,  related^  and 
uith  a  loud  voice  publislied  ;  to  wit,  ^  tliat  the 
*  said  duke  of  York  M'as  a  baitor/  By  reason 
whereof  the  said  James  duke  <if  York  and 
Albany )  our  only  brother,  iu  his  reputation^ 
honour  and  digtiity  is  Tery  much  hurt  and 
scaudalized.  And  the  said  James  duke  of  York 
and  Albany^  the  grace,  good  oplnioa  and  esteeoi 
which  we  and  otli<^rs  the  great  men  of  tbu  king- 
doin  of  England  before  towards  him  James 
duke  of  York  and  Albany,  did  bear,  utterly  loti, 
and  divers  rumours  and  scandals  between  rery 
manv  uoblc«  and  peers  of  this  kktciloiii  of 
England^  and  other  our  subjects,  by  toe  ooca^ 
i»ions  alore^id,  Avilhin  this  kingdom  of  Eng-^ 
Ismd,  are  arijiieD  and  divulged,  and  great  scan- 
ilalK  and  discork  by  occasion  of  the  premiset 
between  huu  tlie  oioresald  James  duke  of  York 
and  Albany,  and  divers  nobles  and  great  men, 
and  other  subjects  of  this  kingdom  of  Em- 
land,  are  ariiven  ;  and  daily  more  aod  more  in 
the  like  may  arii>e,  to  the  great  disturbance  of 
the  peace  and  public  tranquillily  of  this  king- 
doiu  of  England,  and  in  contempt  of  us  and 
our  (government  of  this  kingdom  of  England^ 
and  to  the  ^reat  scandal  and  grievance  of  htm 
James  duke  of  York  and  Albany,  to  the  da* 
niLi£;;eof  him  the  said  James  duke  of  York  and 
Albany,  our  most 'dear  brother,  100,000/, ;  A$ 
he  then  said,  mid  thereupon  m  our  court  be- 
fore us  it  was  so  pr(K:eeae<l,  that  the  aforewiid 
James  duke  ol' York  and  Albany,  our  only  bro- 
ther, bis  damii^cs  against  the  said  Titus  0*«** 
Ijy  occaeioti  of  the  premises  ought  to  tei 
ilut  because  it  is  not  known  to  our  court  I 
tis,  tvhnt  damages  the  aforesaid  James « 
York  and  Albany,  our  brother,  hath  tui 
as  \vell  by  occasion  of  tlie  premises,  as 
costs  antfchaigea  bv  him  about  his  suit  i 
bcliair  expendetl.  'therefore  we  com  man 
that  by  the  f»atliB  of  good  and  lawful  tt 
your  bailiwick,  you  diligenlly  enquire  wjj 
mages  the  aforesaid  James  duke  of  Yo 
Albany  hiith  Husiaincd,  us  well  by  oocai 
the  prrmisLs,  a*  fur  his  costs  and  chaq 
him  about  bis  suit  ui  this  bebalf,  ex 


aforesaid  James  duke  of  York  and  Albany  our 
brother^  and  of  and  concerning  a  certain  lettei" 
in  the  hanil«j  0*'  the  aforesaid  Titus  Gates,  at 
that  tiuje  bein^,  divers  other  false  news  and 
horrible  lies  of  the  aforesaid  Jame^^  duke  of 
York  Jiid  Albany,  our  brother  at  that  time, 
and  yet  l>elug  one  nf  the  tiobles  and  peers  of 
this  kiugdoui  of  Eugbnd,  and  our  only  brother, 
iu  the  presence  and  heanng  of  several  venera- 
ble |>crsans,  publicly,  falsly,  mnliciousty  and 
scandiilonsly  said*  related,  and  with  a  loud 
voice  published,  viz.  *■  Thij*  letter*  (the  afore- 
said letter  50  in  the  Imnds  of  the  aforesaid 
Tiius  Gates,  as  is  bcforesaid  btfing,  mean- 
ing *■  cost  me*  (tlie  aforesaid  Titus  Gates  meau- 
in^)  *  nine  pence,  and  might  have  been  afforded 

*  Hir  n  penny,  1'  Jliiiisclfthe  aforesaid  Titus 
^^tcs  meaning)  ^  Jcnow  nobod}  is  the  better  for 
^ll,  but  that  traitor  James  duke  of  York'  (the 
kforesaiJ  James  duke  of  YoiK  o^-^r  **o]y  hiother 
ncuniiig.)  And  afterward:*,  to  wit,  the  5th 
av  ol  December  in  the  35th  year  above* 
aid  ;  tlie  aforesaid  Titus  Gates  further  devis- 

ySi^  and  maliciously  intending  the  said  James 

|duKe  of  York  ar^l  Albany  our  brother  to  scan* 

dali^Ke,   and  into  the  furthei    dls^deasure  and 

batred  of  us,  and  of  the  gicat  men  of  tliLs 

kingdom  of  England,  out  of  his  meer  malice 

untfcnivy,  had  and  forethought,  at  the  parish  of 

HL  Martin,  in  the  lields  aforesaid,  in  thtf  county 

^  Middlesex  aforesaid,  the  said   fiflh  day  of 

December  in  the  year  abovcsaid,  upon  certain 

rc*^'  iirse  of  the  said  James  duke  of  York 

,  divers  faUe  news  and  horrible  lies 

^oi  4 1 1 ;  J  M  r.  said  James  duke  of  York  and  Albany, 

li^ubllely,  tali  ly,  and  mulic  lull  sly  said,   relateil^ 

land  with  a  loud  voice  published,  to  wit'  That  a 

» letter  in  the  hands  oi'  the  aft^n  »»aiJ  Titus  at 

*  .that  lime  being,  cost  him  the  aforesaid  Titus 
*.  nine  pence,  but  might  have  been  brought  for 
^  one  p^nuy,  and  tliat  he  knew  no  body  to  be 

I*  llie  belter  forit^  but  that  traitor  James  duke  of 
'  York  /  And  th e  a fo resaid  Titus  Gates  furth  er 
^cotitiiviifgand  maliciously  intending  the  afore  • 
itid  James  duke  of  York  and  Albany,  our  only 
r,  tuto  the  further  displeasure  and  hatred 
^  and  of  the  great  men  of  this  khigdom  of 
and  also  of  divers  other  venerable 
J  persons^  and  our  suhjccls,  to  bring,  out  of  his 
MDeer  malice  and  envy,  had  and  forethought 
L  the  6th  day  of  Decanl>er,  in  the  35lh  >ear 
laboiresaid,  at  the  |>arish  of  St.  Martin  in'  the 
Ltelds,  aforesaid,  lu  the  county  of  Middlese:!^ 
[afore^id,  upon  a  cenahi  discourse  at  that  time 
I'liad  and  movetl  by  and  between  the  aforesaid 
I  Titus  Gates  and  several  of  our  liege  people,  of 
I  And  conceniing  the  aforesaid   Jamc!*  duke  of 

►  York  and  Albany,  our  brother,  lUvers  other 
[  la'se  news  and  horrible  lies  of  the  aforesaifl 
I  James  duke  our  onJy  brother,  at  that  time,  and 
L  yet  being  one  of  the  nobles  and  peers  of  this 
[  kingdom  of  England,  in  the  [»rcsence  and  hear- 
I  ing  of  divers  venerable  persons,  publicly,  falsly, 
[.mahciously  and  scandalously  said,  related,  and 

>  frith  u  loud  voice  puldkhed  in  these  English 
[  wordi^  following,  to  ml*  the  duke  of  York  V(tlie 

dbresaid  James  duke  of  York  and  Albayy,  our 


England, 


idlllBB  i 


>3 


STATE  TttlALS,  36  Charles  II   iS&i.—and  Titus  Oalei. 


^^^■llie inquisition  whkb  tlicreupriti  you   shall 

^^k.  ^<ia  ibftU  hare  beiore  tis  ai  Westminster 

^pWedonsdiiy  next  after  ihree  weeks  of  tLe 

^Wy  Tdinily,  under  your  «eal,  and  the  seals  of 

ihcm  by  whose  oath  you  take  that  inquii^ition) 

flistjoctly  aod  openlv  you  send^  and  this  writ. 

Teste  wO^OTgGieflreries^  Knii'htand  Baronet, 

^  Westminster  the  thirtieth  day  of  May,  in 

l]ie  y  ear  of  our  relg-n  the  thi  rty '  Kt?ct  b . 

"  Ri.  Sifift,  Henlev." 

Ifou  ftre  to  (Inquire  nhat  damage  hi^  royal 
fcyhiifM  tbe  {lUuDliir  has  soi^taincJ,  by  mvmiA 
4ilbe  |ir«0U9e»  ;  ss  also,   w hat  cost^  he  has 
Ittiti  ttUMSUlL 

Jr.  BMt$e$.  May  it  please  your  lordship, 

K)fr.  Hlien0^t  ead  gnitlcoien  oftlie  jury, 

I  roryai  hiij^hness  the  duke  of  \  ork  is  plain- 

I  aod   Titns  Gates   is  the  defendant  :  and 

,  m  an  arlioti  of  tr^spas^i  and  contem[itj 

(ted  upon  the  statute  of  Scandal  urn  Mag^- 

I  wbenmi  bis  royal  hig'hiiess  sets  forth, 

i  8ucb  a  statute  \ras  made,  prohi- 

;  standering  the  great  men  and  peers 

^dom,  and  the  plaint  iff  being  the 

brother,  and  a  peer»  the  defendant 

CHtrse  between  him  the  defendant 

other  persons,   aljout  a  letlvr  that 

at  had  then  in  b«  hands,  publicly, 

TUfith  an  intent  to  scandalize  tfie 

f,  ffpoke  these    English  words  :    *  This 

neoniDg  the  letter  then  in  the  defen- 

'«)    •  cost  roe*    (meaning  the  de- 

pence  and   tni|nrht  have  been 

a  penny  j  I  (imraLiing"  the  defcu- 

nobody   is    the    litftter    for  it, 

lor  James  duke  of  York  ;*  inean- 

tiC 

D,  this  is  not  all,  the  Declaration 
ftaoa  ftirther,  and  says,  that  the  ilefpodant 
TttEmliiig  further  to  vtWdalize  tlie  plaintiff,  the 
^of  Efert*fiiber  in  the  35th  year  of  this  kings 
ii|mi  a  fi:^.-i^"«.«.^>  hiid  aud  moved  by  and  be- 
taatu  h  iidnnt  and  ^onte  other  per- 

■Uki,  in  k  ,  11  CO  of  divers  venerable  per^ 
•Boa,  add  tiicse  words  of  the  plaintiff:  *  The 
*4ake  tif  > Hrk'  (meiuirn^  the  pliiintiff)  *  is  a 
*1Aiilor  :^  aud  this  is  Ifdd  to  the  plaintiff N 
kma^  of  100,000/.  :  the  defendant  has  not 
pluded,  atiil  the  plaiT>tiff  has  si^^ned  his  jtnlg- 
Aot;  a»d  now  yon,  t^ntlernen,  are  to  enquire 
«f  the  diniag^es. 

An.  Lien.  (Sir  Robert  Sawyer. I  You  ob- 
ferre,  ifentlemen,  the  words  are  aelcnowlcd'^ed 
by  the  dciendant's;  (K  Ihuit,  and  n<*t  pl'^fidinu" ; 
i»lbatr^'  •^  ^«^   *'  «i  *  f.-u  iso^netl  1)^  him,  and 

foa  are  of  the  dnnmtr«LS  :  ^m\y 

tbiiik%  :  I         I  niitliiny' to  iKi  sarilfor 

Ibt  ag^raYAUon  of  ti^em,  they  ure  words  oftlie 
fatebcat  nature,  in  lespeft  of  slander  and  scau- 
m,  that  can  be  »[H)keu  or  th(»t*t;ht  of,  uccusin^ 
Mm  of  treason.  We  lihull  only  eall  yon  some 
wteCMMSi  to  prove  tiii^  way  of  discoun;e  to  be 
ftlicsiiitint  habit  in  all  plai-es.  and  among  all 
aod  eom|»  uiH  the 

Dent,  ami  y  myul 

ibe    pkUiUi  ,    ^1111    M^*'^^    yfii    Will,    I 


know,  ^Te  such  damages  as  may  be  fit  to  re- 
pair the  plaintiff's  honour. 

Sol.  Gen.  (Mr.  Finch)  We  will  call  some 
witnesses  to  give  >  ini  an  account  bow  he  Uiies 
to  treat  the  jdaimiff  in  all  cmnpnnieSt  cod  wc 
shall  be^in  with  Mr.  Siiuth.  And  the  truth  is, 
the  proving ot  the  wonls,  will  dcnionstrate  iho 
malice  of  them  ;  and  the  manner  and  c-ircum- 
stances  of  speaking,  uill  make  them  appear  to 
be  such,  as  ueeil  nothing'  to  be  said  for  their 
aggravation  at  all.    Swear  Mr.  James  Smirh, 

Under- She?  iff\  The  evidence  that  you  shall 
give  to  the  shprlffs  and  the  jury,  sworn  about 
the  matter  in  question,  shall  he' the  truth,  the 
wljole  truth,  and  nothing  but  the  truth. 

Siii,  Gen.  Mr*  Smith,  pray  will  you  tell  the 
court  ami  the  jury,  what  you  have  heard  the 
defenfhiTit  Oal  essay  of  his  royal  highness 

jSwif/t.  At  the  last  Westminster  narhament, 
as  I  was  sitting  in  a  coffee-houne,  I  saw  ^|r. 
Dates,  he  had  a  letter  in  his  hand,  and  he  said, 

*  This  letter  cost  me  nine  pence,  it  might  have^ 

*  l»een  brought  for  a  peony,  1  know   noboily 

*  that  is  the  belter  for  it  but  a  traitor,*  to  the 
best  of  my  remembrance  he  said,  *  the  iluke 

*  of  York/ 

Att,  Ocfu  Swear  Mr.  Pennistnn  IVhaley* 
[Which  was  done,]  What  words  did  you  hear 
Mr.  OatM  sav  of  his  royal  highness  ?  ' 

Wfitiiey^  iHie  lime  was  either  tlie  Easter  or 
Wliit?iuntide  after  sir  Thomas  Gascoigne's 
trial. 

Sof  Gau  What  were  the  words  you  then 
heart]  him  !;ay  ? 

?f7m%-  It  was  at  the  bishon  of  Ely 's  table  ai 
Ely  house.  1  had  received  the  Nacrament  at 
the  cbapel  there  that  day,  aud  so  had  thi^ 
Boctor  too  ;  it  was  upon-  Easter- day  or  Whit- 
sunday, 1  sup{K)!<e,  becsmse  I  never  useil  fo 
receive  the  Siicrament  here  in  town,  hut  one 
of  those  two  times,  and  Dr.  Gates  and  1  were 
sitting  there,  and  some  discourse  happened 
about  sir  Thomns  Gascoigne*s  Trial,  aud  he 
fell  very  foul  upon  the  jury,  and  said,  *  They 

*  were  a  contpany  tif  profligate  villains*  (or 
some  such  e\pre$(<rions  as  he  was  wont  to  use) 
and  said,  *  He  would  have  them  attainted/. 
Then  said  1  to  him,  llnctor,  you  are  a  good 
man  at  a  matter  of  tlict,  hut,  I  doubt,  you  are 
not  so  at  a  matter  of  law.  Upon  that,  we  came 
to  some  high  u  onls  about  that  and  other  things, 
aTvd  among  the  rest  of  the  discourse,  he  said, 

*  The  duke  of  >  ork  was  a  traitor/  Upon  that 
1  s:iid  to  him,  Ihictor,  you  lie  umler  a  gredt 
error  in  that,  I  suppiwe,  by  u^istaking  a  rtta- 
tt'.tc  made  against  popery ;  says  l*e,  *  No 
'  matter  for  tlkit,  I  say  he  is  a  traitor.'  Then 
there  were  some  other  ilisenuracs  happened 
afterwards,  and  I  began  to  reply,  aud  growing 
both  of  us  pretty  wanu,  the  l>f>ettir  called  to 
his  two  men,  his  luyinudons,  that  a'^etl  to  be 
alu  nys  with  him,  and  iollow  him  up  and 
down  :  said  1  to  him,  Nay,  Doctor,  you  need 
not  call  your  men  to  vour  us«*istance,  there  is 
n<[  '  '*  •  '  v(»u  ;  do  you  think  the 
It  [Hit  a  protection  good 
eoni. ;:,,  „a  Einv  iwiY  iiiat  comes  here  ? 


i35]  STATE  TRIALS,  36  Ch*  IK  iSU^ProeeB^theiwemthfD.o/yWk  [136 

X.  C  J.  Where  wai*  tliiu.  Sir,  pray  do  you 


fay  ? — Whaley.  At  the  bbbop 

X.  C\  X  VV^as  tlie  bishop  tbere,  then  ? 

Whaky.  He  vius  at  ibe  table,  hut  at  a  great 
pdistttuceirom  tw»  the  Uoetitr  atid  I  sat  at  the 
[lower  eml  of  tlie  table.  Aiierwardii  I  bt^g^ffd 
kibe  bt^Unp  of  Ely^s  pardon^  lor  lining' so  Wt 
Lftiul  liiud  :tt  his  tubte  ;  bay»  ibo  bi«iho|)  to  me, 
t  ■  i  I  bank  you  kindly  for  it^  none  of  us  dare  talk 
l'  Kidi  bull.' 

X.  C.  J*  Aod  tbia  you  say  was  at  dintier 
oftrr  till'  Sacrament  w  «k  over*? 

W hairy.  Yes,  it  waa  so. 

Mr.  Softh,  Tti«ii  swear  Edw.  Johnsoo. 
[Wbicb  WHS  done.] 

JH,  Grn.  Mr,  Johnaont  Pi"ay  will  you  giv<; 
f  lite  court  and  jun*  an  accouul,  Vvhat  tWoursc 
r.youhtt^e  beawJ  from  the  dctendant,  Mr.  Gates, 
I  a^a)u<»t  the  jiLinlitY* 

Jghmon,  Upon  the  ?3nl  of  Aupist,  1680,  1 
^  met  Dr.  Ofttr^s,  auti  said,  i^ood* morrow  Doctor, 

[  all  tilings  will  3^0  utll  xiitw 

L  X.  C,  J.  You  meati  him  tljey  call  Dr.  OatcB, 
F )  aupposv. 

L  Johnson.  Y'es,  they  usied  to  call  him  so; 
Lsnid  1;  ^oodriionow  Doctor^  all  thitige  will 
r*^o  11'  1-  I'i'v,  liir  \Uere  ts  a  |tarliauient  to  meet 
[tii«  '  No,'  said  he,  *  not  till  York 

I*  is  1 1  ifcvd  or  ban'^cfl  *,  hut  of  tlie  two, 

Mi^iiigtu^is  liiv  iUtC!i»t  for  him.*  Said],  do 
Dot  faik  K*s  l>i>c!tor :  my^  hi* :  '  I  speak  no- 
j*  tbiug  btii^b;*!  ii  true  ;  be  has  a  (^»od  bro- 
I  •  ther»  but  he  takes  all  the  (Niuntes  in  the 
^' worbl  10  liodo  biiu :'  «nd  tbea  tke  Doctor 
^'ftud  tuylord  Jlouard  wiut  away  togetber. 

Sol,  Onit  Hwear  Jlandalt  Bowring.  [Which 
I  was  done]  V\  bat  have  you  heard  M\\  OdXcs 
f  fay  of  the  duke  of  V  ork  f 
I  Bttccrivg,  Abofil  theujtdille  of  Oclobcr  16?9, 
[U»ere  were  several  penwus  at  dioner  ul:h  the 
I  Pocior. 

X.  C.  X  W  hut  Doaor,  prithee  ? 

Bowrin^,  Mr.  Gates. 

X,  C.  X  ^Ir.  Gates  we  know  vcrj'  well,  but 
p  we  do  noi  m»  wvll  knovv  who  thin  Doctor  is. 

Bau>riitz*  They  iisid  to  cnll  him  Doctor,  or 
I  sh«Mdd  not  have  taken  upoti  me  to  give  bttu 
t the  title. 

X.  C.  X  U'elf,  Iff*  Oh  :  there  were  several 
I  persons  at  dlntier  vutb  him,  and  uhut  then  ? 

Boiiring,  Tbv-  '■  --  -led  some  discounne 
ConcermiiLT  bis  t  r^a. 

X.r.X  WIm:     ..:.? 

Buwrin^,  At  Ins  lodj^in^^s  at  Whitehall:  and 
igcuihiivan  Ibat  waii  tbrre^  siiid,  Incase  his 
KiDyaj  hi|L»liuess  were  a  pujii^,  how  sdiouhl  we 
lik'SttPured,  that  iu  rase  be  iHime  Irt  tb<*  nieces- 
rvion  of  the  crown*  he  wonhl  n«>t  bring' in|K>ficry 
•nionit  "!»  ?  Then  the  Dotlur  rL'plicd,  *  I  would 
r  •  not  imvcyuu  troidjie  yo-jrNclf  about  that,  for 
I  *  he  *»ball  Ix'  hunted  before  that  lime.' 

Atf,  (Jin.  U'IThI  bai-e  v«hi  heard  him  say 
»i)V  where  else  ;  al  Foster- Lane,  oranv  oilier 
place  ? 

Boivrirtg,  Aller  tbe^ertnon  be  had  preached 
S  i\i  Fo4rter-Laue  church,  tlte  church  war- 


dens, and  fionie  of  tlie  parish,  invited  liim  into 
the  vestry  to  drink  a  jjlass  of  wine- 

X.  C.  X  What  r  He  niade  as  if  be  wmU 
preach  I  here  ? 

Bimtitig.  He  did  preach  therr^  and  then  ihe 
cburrh'Wardenii  invilcd  him  to  dinner;  but 
then  be  asketl  tht^in,  '  If  ever  any  of  ihcTii  ba4 

*  dined  with  James  duke  of  Y'lrk,  al  any  of 

*  the  feasts  of  the  city,  where  the  duke  used  to 

*  come  stouietiuiGs  ?'    To  which  none  of  them 
answering  a  word^  he  replierJ,  *  He  won 
■  dine  with  any  man  that  had  eat  with  tb*| 
Aud  so  wonld  not  go  to  dine  with  tli 
went  and  diued  at  a  private  hrasicr's  by  Lowil 
Wall. 

L.  C*  J,  An  excdtent  goepcl^preadier  up 
roy  word. 

Att.  Otn.  What  b raster  was  that  .'* 
Biifftriug.    Truly  I  do  not   well  know 


name. 
Ait.  Gtn, 
Bmiting, 
Sot.  Gen. 


Where  did  he  live  f 
By  LondonWalL 

Then  swear  Mr,  Fairfax.  rWh 

was  done.]  Pray,  Sir,  tell  my  lord  and  ttif?  j 
what  words  yoti  heard  this  man  speak  of 
n>yal  hig-hne^^. 

Fnu'fax.  May  it  please  your  Jord&hip, 
August  1679,  1  hup|*eued  to  com«  into  til 
company  of  Gates  the  detendaut,  upou  the  i 
count  of  an  eleclion  that  was  to  be  of  pari 
ment-mcn  for  Grinstead  in  Sussex*  by  tht  ■ 
meaufi  ot  one  Auckland ;  Gates  wha  to  j;u  doint 
Uitlber  in  my  lord  Wharton's  coach,  and  tbea 
vie  came  tirsi  to  be  accpiainted  and  aflerwardi 
we  frequently  did  eat  to^ctb*T,  ami  became 
very  %vell  acini ain ted.  And  in  my  lord  Scro^^^s 
lime,  when  lie  was  loni  cbicr  justice,  there 
wai»  &omc  prcseutmeiit  intended  to  be  hrouflbt 
in  by  the  ;,nand  jurj-  here  at  the  lenm,  agtmst 
bis  n>yal  btghncjis  for  beh>£r  ^^  l*up'''*<  ^"^  ^^ 
cQjx\\\\^  to  churchy  nnil  tins  Gutcij  viai*  the 
mniu  profsecutor  of  it.  He  was  u^trd  oflt  u  lv» 
coroe  up  to  rne,  aud  speak  to  ine  wireu  he  iiici 
me  ;  and  I  was  about  tliat  time  watkin;:;  iri  tlu 
couit  thiit  wa^  huilt  up  here  for  the  trial  ol  (Ik 
lords  in  the  Tower;  it  was  aOer  that  1,1  .mI 
jury  were  di&missied,  which  was  done  a  iU\  :  i 
two  before  ihcy  used  to  be  d^smtri^d  in  \W  it- 
dinary  course*  and  wulkin^f  ibeN:  I  met  iij-ux 
and  said  I  to  him.  Doctor,  nuw  you  arc  non- 
suited, what  will  you  do  now?  *  Gh,  sayj,  b**, 

*  We  will  do  well  euiKJ^li  ;  thtre  Mil#  l»c  a  >tv. 

*  sions  atkr  the  term,  and  there  we  \\\\\  u\  bim 

*  a^aiti  ;  iind  we  will  have  no  more  r<*}n»rd  \\%f 

*  him,  than  if  be  were  scavenger  o<  Ki  nt- 
'  strem.*  And  upon  that  he  ^as  called  nwaj 
from  tne,  and  he  went  away. 

SiiL  Gtn,  8wear  Mr.  Pbihps.     [Which  ' 
done] 

Ati.  Grn,    Come,  Mr.  Phihpa,  will  vmt  1 
quaint  my  lord  and  the  jury,  what  yoa 
heard  Gntefi  say  of  the  duk*'  of  York  ?     . 

Phi  dpi.   In  or  at  Kiut  January  (1678)  mxy^l 
please  your  lord*ihip,  J  T*a»»  in  the  com  pan  % 
one  DciU'(Hi*  nt  Gates'.^  hMlj^inRs  at  Whil 
where  Mr.  OttJes  said,  *  He  hoped  lo  st^ 

*  or  nur  master  Jrimr  '  fmcaniug  the  dn 


STATS  TRIALS,  ^6  Chables  U,  i6S4.^tmd  Tihu  Oaiet. 


[I 


I  siipfioiel  *  at  Ihe 

DOM  s  Atiii  it  would 

lo^ldlil  to  uppear  there, 

Pmj  virnl  WM  the  occasion  of  this 


cIIicniirsG  of  his 
u\  him. 

dflo  io 


8at  ikp  yoa 


TV>  •■  tW9,  Mr.  Dmooti  and  L 
09W  lame  be   to  menlioti  your 
hmk  fiMl  any  relation  to  \he  aer- 

iy  lordf  we  had  not;  but  he 

i<T  our  masie]-,  or  your  master;   he 

kiod  of  di^i-our^e  as  he  used 

think  Uc  Intends  his 
named  your  master 

^   i  oottkl  noi  iroagiuc!  he  did  tnean 

Tkeo  twoftr  William  Ashlodc. 

Ptikme.l     Pray  wilt  you  ao((uaint 
y^km  jory,  whal  word»i  you  have 
mmk  okI' bm  ro)/al  ULtrhness. 
Mmy    a  pleaV  your  lonlsbi[i,  in 
-    '■         '»       -^    Trs 

4  11    irtCHD, 

•  one  morning', 
an' J  :,  tivo  of  bis 

,,,:,. II.  „n,luirtle 

,  Jicaaid  lie  wc'ir  ler 

orin»1ic fluent  :i*:  ike 

<!  he  WAS 

h  :  ,  .1 ,  I  beAr«l> 

kX^ElAidirii  >  N  bcu  he  was  going 

IJiflt,  1  h^  '0  to  liim  to  vva^h, 

MCily  Kill  ivvu  01  three  i>\ery  day  to 
tuni  tt>  drvss  him.  there  rame  in  a 


llMii  ■ 

IBdbiiiioo  of*i 

ktl»r*cbo««n«. 

r  Jolm  Mrnir.  and  on 


hmi  how 
•  m 

irrh 

lud 
-,'  -  --  '^X' 
1,  tb<t  eiiy  of 
Vork'a  order, 
1  a  hand  in  it ; 
w«*re  to  have 
ill  ihf  honest 
i      iind  thiss  Ut* 


•  V,  ma  I 

atOx- 

iik,  ea|i- 

I  M»  kfcp 


Ibru- 


.  -rt..  t;  ,   .    I  son 

hien 
nd 


*  for  he  must  nerer  expect  to  suooeed  4o  the 

*  crown.* 
Sol.  Gtn*  Pmy  who  did  he  sAy  was  to  hetid 

the  fon^es  at  Black  •heath  that  yon  talk  of  wete 
to  plunder  the  city  ? 

AihtiKk.  *  Th*^duke  of  York ;  and  London 

*  was  fired  by  his  order;  and  tins  ht:  would 

*  prove,  if  thf?y  could  hut  get  a  parliament  to 

*  tbejr  mind/  ami  he  said,  ^  They  aboukl  take 
*■  away  the  Posl-Otfice  from  the  ^ukc  of  York, 

*  and  gire  it  to  the  duke  of  Munmoutli.' 

Si>L  Gtn.  Then  call  captain  Cressett,  and 
»wear  liim.     [V^Tiich  was  done.] 

Att^  Gtn.  Capt.  Cressett,  Pray  do  you  r^ 
member  what  disctMirtie  you  hail  wi\h  Oatet^ 
when  the  duke  went  into  Flanders,  what  he 
said  of  his  royal  hifjhness  !* 

Cupt.  Cresictt.  It  waa  the  last  time  the  duke 
went  iuiu  Scotland  ««ith  her  royal  highness,  I 
think  it  was  in  October  1680«  1  was  commaml- 
lhI  tyvvr  ni^ht  to  wait  at  the  duke's  lodgingi^ 
till  a  paper  kIiouUI  be  delivered  me  bv  my  iotd 
llochcsier;  1  stayed  llitre  till  twelve  o^cbck 
at  night,  and  not  aeeini^  my  lord  come  nut,  I  ' 
went  away,  antl  came  early  next  morniog; 
And  when  the  duke  and  dutchess  went  to  ti£e 
water  at  the  privy  stairs,  I  came  down  throuffh 
the  pjard' chamber,  and  Dr.  Gates  was  in  tbo 
gullerv  that  leads  betwixt  that  andthe^atof 
when  he  saw  me,  1  bid  htm,  good-morrow* 
doctor,  or  he  bid  me,  g'ood- morrow ;  one  €if  the 
tvio,  I  cannot  exactly  tell  wiiich  ;  says  be  to 
me,  *  You  ^vill   never  leave  till  you  ha?«  hull, 

*  your  rt'putation.'  Why,  what  ig  the  matler 
DOW,  Doctor,  said  I,  I  hope  my  reputation  is  not 
liunjjujwu  so  slendt*r  a  threacf,  as  to  be  loal 
for  my  ^foiugf  any  where?  Sayi*  he*  You  have 

*  been  nith  James.*  Who  do  you  mean  by 
Jnmes,  naid  1  ?  *  Y'ork/  says  he.  Surely, 
f^d  f,  it  might  haie  been  the  Duke  of 
Y  orIv»  or  bis  royal  highness :    no,  said  he,  ♦  he 

*  is  a  Kiuical,  a  Papist,  and  a  Traitor,  and  t  hope 
Mo  live  to  see  him  hang^ed.'  Truly  Doctor, 
said  I,  now  let  me  §fiveyou  a  little  advice  to 
govern  your  tongue  antl  ynur  passions.  I 
aaauneyou,  they  will  do  neither  you  nor  your 
cause  ^ooil ,  it  may  do  you  a  great  deal  of 
hurt  in  time,  if  you  tlo  not  take  care. 

*So/.  Gen.  Cwl  »ir  VVil hum  Jennings. 
Alt,  Gen   Truly,  my  lord,  I  think  we  need 
call  no  more«  thouifh  we  have  multitudes  of 
tliem,  it  is  \i\s  daily  discourse, 

L.  C.  J,  Coll  whom  you  will,  Mr.  Attorney  ; 
fitr  though  it  be  the  last  day  of  the  term,  and  it 
is  an  unusual  ihingf  to  have  a  jury  at  the  bar 
'  ii  day,  and  moreunuiiuiil  lo  have  them  to 
i*e  a  \Vrit  of  Enquiry  here :  yet  in  regard 
Ml  Mii'gi^atnessof  the  person  that  im  concerned, 
and  the  extraordinary  nature  ot  the  causae,  we 
have  ordered  it  thus,  that  all  the  world  may 
H^v  how  his  royal  highneas  has  been  abuseif  and 
daU^eed  f 


Att,  Grn,  Th 
a  p«jfr»on  pretty 


it,  my  lord,  has boeft 
d  of  too. 


L,  €.  J,  Ves,  trtdy,  tt  is  done  with  rtg«rd 
to  him  too  I  for  he  has  been  an  emiocait  mftli 
in  bis  way. 


139]  STATE  TRIALS^  56Ch.II.  \6SX.-^Pr0eeeiingi  htiween  ike  D.  of  York  (Hit 


Sol.  Gen*  Then  swear  sir  WiDiam,  Jenniags. 
[^Which  was  done.] 

Att.  Oen,  Now,  sir  William  JcDDings,  speak 
QQty  voa  bear  the  qiiesticm,  Wlmt  have  you 
heard  Gates  sa^  of  the  duke  of  York? 

Sir  W.  Jenmngi,  My  lord,  at  the  time  of  tlie 
sitting  of  the  parliameBt  at  Oxibrd,  I  was  in  u 
tarem  there  with  Mr.  Cranfieid,  one  of  tlie 
king's  gentlemen-ushers,  who  seeing  Mr. 
Oates  goin?  aloxiff  by  the  room,  invites  him 
io  drink  a  guss  ofwine,  there  were  a  matter  of 
some  eight  or  nine  at  the  table ;  there  was  a 
little  partition-curtain,  it  being  a  loiu^room, 
and  there  was  8ome  company  Myond  that  cur- 
tain, somebodv  in  that  company  named  James 
Duke  of  YorL,  and  the  Kinc'*s  health  beinff 
drank  at  our  table,  Mr.  Cranfifld  be^an  a  healtn 
to  the  duke :    says  Mr.  Oates,  *  Do  not  you 

*  drink  York's  healtli.'  Why  should  we  not, 
says  Mr.  Cranfield,  and  a  gentleman  or  two 
more  in  the  company:  *  Why,'  says  he, '  he 
'  has  ruined  the  nation ;  and  if  the  <fcvil  has  a 

*  place  in  Hell  more  hot  than  others^  I  hope 

*  DO  will  bestow  it  upon  him.'  Several  ivords 
past  between  Mr.  Cranfield  and  liini  u|X>n  it, 
and  the  king  was  told  of  it  presently. 

Att,  Gen,  Swear  Justice  Warcup,  [Which 
was  done.]  Pray  tell  what  you  know  of  this 
man's  discoursiog  concerning  the  duke. 

Mr.  Watxup,  My  lord,  I  went  into  the  com- 
pany where  sir  William  Jennings  was  that  he 
apoke  last  of,  and  being  desired  to  drink  a  glass 
ofwine  with  them,  I  did  so,  and  they  told  me 
what  Dr.  Oates  had  said  there. 

X.  C  J.  Mr.  Oates,  Titus  Oates  you  mean  ? 

Mr.  Warcup,  Yes,  my  lord,  the  room  had  a 
partition  by  a  hanging  or  curtain,  and  I  was 
first  in  the  other  company  beyond  the  partition, 
and  there  somebody  uep;an  a' health  to  his  royal 
highness  the  duke  of  York,  tliis  health  went 
round,  and  Oates  was,  it  seems  in  the  next  room 
and  heard  this  health  I  suppose  :  when  I  came 
into  sir  William  Jenning8*s  company  Oates 
was  gone ;  the  company  there  told  me  what 
Oates  had  said,  as  sir  William  Jennings  had  de- 
A  dared,  they  all  agreed  those  to  be  the  words, 
*•  That  he  had  ruined  or  betrayed  the  nation  ; 
"  and  if  die  devil  had  a  hotter  place  in  Hell  than 
'  other,  hohoped  he  would  bt-slnw  it  upon  him.' 
1  met  Oates  allcrwards,  and  askeii  him  why 
he  would  speak  Kurh  irreverent  words  of  the 
Duke?  His  answer  was,  *  \\v  was  a  traitor, 
'  and  was  in  the  plot ;'  and  he  told  me,  *  I  was 

*  a  Yorkist,  and  he  would  remember  me  tor  it.' 

Ait.  Gin.  Did  not  tliat  atiright  you,  Air. 
Warcup,  to  have  him  threaten  you  so  r 

Mr.  warcup.  I  had  then  an  impeachment 
acaiiwt  me,  and  truly  1  think  I  might  well  be 

jL  C.  J.  Y'ou  say,  he  owned  the  words  they 
told  you  of. 

Mr.  Warcup,  They  did  all  agree  those  to  be 
thewonls;  and  I  met  him  afterwards,  and 
awked  him  why  be  would  speak  so  irreverently  of 
the  duke,  considerioj^  he  was  the  king's  brother 
and  as  virtuous  a  pnnce  at  trod  upon  the  earth? 
Says  he,  <  He  is  a  traitor,  and  in  thepkrt;  and 


you  are  a  Yoiki8t,and  I  will  remember  joa  fci 
It' 

Sol.  Gen.  We  shall  only  call  one  more,  la 
shew  in  what  mind  he  continues  to  be,  evci 
since  this  action  was  brought.  Swear  Mr. 
Charles  Chapman.  [Which  was  done.]  Fnj 
Sh*,  tell  what  you  know. 

Chapman.  My  lord,  I  met  Mr.  Swift,  thi 
duke  of  Y'ork's  attorney,  when  he  was  giMg 
over,  as  he  told  me,  to  demand  a  plea  of  the 
defendant  Mr.  Oates,  and  he  desired  me  to  gi 
alone*  with  him,  I  did  so  ;   and  when  we  eam 


to  him,  Mr.  Swift  told  Oates  the  roles 
out,  and  desired  to  know  what  he  intended  la 
do,  whether  he  would  plead  or  no.  Oilei 
asked  him,  *  If  he  were  the  duke's  attorMj  f 
He  answered  him,  Yes ;  says  he,  '  I  do  aoC 

*  value  the  Duke  nor  his  Attorney  neither,  I 
<  will  plead  as  I  shall  see  cause  aocordiiig  ii 

*  law ;  I  declare  I  neither  love  the  Duke,  wk 

*  fear  him :'  And  so  turned  his  back,  and  wif 
ifoin^  away,  and  comes  up  again,  and  saji  la 
him, '  It  may  be  i  may  be  in  for  one  bmidnl 
'  thousand  j)ounds  here,  but  it  ever  parliaBMil 
'  sit,  I  do  not  question  but  to  htve  somebo^ 

*  else  in  my  place.'  Mr.  Swift  asked  him  to  CB^ 
plain  himself  who  he  meant,  says  he,  *  Deyei 
'  come  to  trepan  me  ?'  And  away  he  went 

Att.  Gen.  My  lord,  we  have  done,  if  the 
jury  please  to  consider  of  it. 

L.  C.  J. .  Is  there  any  body  here  for  Mr. 
Oates,  to  offer  any  thingto  lessen  the^damageif 
[To  which  noboify  answered.] 


Then,  Gentlemen  of  the  Jury,  yoar  1 
now  is  to  enquire  what  damages  yoo 
fit  to  assess  to  his  royal  highness,  by  reaeonel 
the  speaking  of  the  words  mentioned  in  thedt^ 
claration,  there  being  in  tliis  action  judgmcat 
by  default  obtained  by  his  royal  highneH ;  ■■! 
you  have  nothing  now  to  do,  but  only  to  anew 
to  tlic  plaintifl'  such  damages  as  yon  shall  tfahdC 
fit. 

Now,  Gentlemen,  though  the  nrlrnnn1td|fr 
ment  of  this  judgment  (for  so  it  is  ineflhc^ 
being  by  default)  be  a  sufficient  confeMiOB  d| 
the  worus  being  spoken  as  they  are  laid  in  f^ 
declaration,  yet  they  have  given  you  prooffl 
the  very  words.  ^ 

The  Declaration  is  in  an  action 
upon  the   statute   De   Scandalis 
taking  notice  that  his    royal   hi^rhn 
great  peer  of  this  kingdom,  and  his  i 
only  brother  ;  end  that  Oates  the  de 
knowing  him  to  be  so,  to  bring  him  un 
proach  and  calumny,  and  to  cause  diacorl  ^ 
arise  between  the  king  and  him,  and  I 
him  and  other  great  men,  did  speak  the 
laid  in  the  declaration  w  hicli  youHiave 
read,  and  which  are  these. 

The  first  are,  « This  Utter'  (Oates  ha^ 
a  letter  in   his  hand)  *  cost  me  nine 

*  and  might  have  been  bn)ught  for  a  pcni 

*  I  know  nobody  is  the  better  for  it,  hut  tf 

*  traitor  James  duke  of  York.'  This  is  I 
over  again  with  a  very  little  variation,  *  1 
'  letter  cost  me  nine  pence,  and  might  hi 

*  been  afforded  lor  a  penny,  I  know  janM^ 


'ATE  TRIALS.  36  Charles  It.  l684.-^i  Tttut  Oatts. 


[142 


ii  but  llmlirmfiarjftaies  dukis 

purpo*'  I  ;  they 

Hji  riC€S,   a 


rtotiOMMfttt 
It    WQfA    ^• 


*  ;,v,  Jake  of 
i  lf«ilor  se  VI 01  ds  too  are 

Irrittg"  but  in  very 
(i«  ft  traitor,  nnd  was  a 
I  «aii«teiH!v*  of  tiic  irorU«  is  tlie  $ame. 
ty,  G<JtiUcme0,  Thougli  it  is  not 
m  loetHjon-p  whKher  or  im  Gates 
I  «iOfiK.  mdi^meDt  g-o 

u  tij  fkt  I  law  coofess 

I  Mt  jo«u  art?  IQ  eiiijuire  wlmt  da* 
ir^bo  ni  N>  begir€tlti>  the  plaimiff 
vonls  ;  yet  in  as  much  as 
•f  AH  extraordinary  natiire, 

lib  fi>\  -s 

iJtl  .      ■,         .Mil, 

iiol  htcn  u»wii  beretoibre,  ihut 
«ir  «fM|iiiry  execuiofl  at  the  bar. 
b  c^ciTttordifiar^,  finch  as  has 
mk  M^r^  Uiiji  a^j;^,  Uiis  C4)rnipt  nge^ 
ftgpTi    H'herejd    ivc    Ihe,   and 
Ofifiiyiry  IVlfows^  the  mere 
q€  tm  factious  party,  hare 
to  re^iroftch  and  caluiiuiiate 
gwirfvnmtiiit,  atid  the  greatest 
iu  it^  Dot  «»purini^  even 
li^  mm  bim^   » 1><>  i*-  *>'xi  m  degfree 
|||»  I*"  T  awd  royal 

llKrefoTi  A^Q  18  extra- 

,  so  oiigrht  the  example  to 
«s  can  he,  in  order  to  satisfy 
•ort  of  fellow  tliis  defendant 
•o  much  aJoriLHl  and  looked 
ye  (if  admit«tion,  courted  with 
aa    afTection,    atid  so,   1   had 
'd  atoong  people  that 
tomnltiioas  to  the  go  - 


i  kff  «i|^l  l»  be  iiiad«  pnbli^ 
hii  tliii  .hi  be  c 


•  bAr.ftri 

wwiir-'ut 


migbi  be  made  a  pii 


ic  exam- 

cottnsel  have 

caavasacd 

'  ndatiU  OA  he   Vms 
tor    Hoiu 


wni  cmtttm  to  he  exectilCMl  here. 
lki»  w  » II  this  decUration 

*^  in  theniM'lre^  so 

id  n  iirwcn,  §o  much  malice 
m^  ikai  dwy  need  no  iirgTttraiioii 
BtBUBlYca  ;  mm  luit  *;'^^r -■  -  it  to  go 
#kevm  tbiy  Mv  ta  !»t  ext©- 


if  Ik    tui 


tiiai  tiji-  111 
4aia4iiL     iind 


r.-d:  yet. 

ji  iimre  or 

tJ,  thai  Ibia 

abie*  nay  abso^ 

-  hrrc  and  ^Te 

lufBcion 


(UvuvU'UUdlll 


pWaly 


tended  with  all  the  most  uncbristiatt  and  uh" 

chHrital>le4  as  well  as  disloyal  and  disobedient 
circunistaiiees  that  any  Ailn^  con  be,  Mritli 
design  to  Iniduoe  and  fusparagt^  a  subject  so 
lo^al,  and  a  person  m  i^reat  and  illnstrioua  at 
his  royal  highness. 

As  to  the  lifai  ^vordfi,  you  have  the  first  wit- 
ness Mr.  Sniiili,  und  he  gives  you  ihisuccotmt, 
he  was  in  a  colfee-house  where  he  met  lh# 
deieudajit  Gates  ;  and  the  dcirndant  in  a  vain* 
glorious  hufBng  sort  of  manner  takes  occasioti, 
though  none  was  ofiered  him  by  any  thin§^ 
spoken  to  him  by  any  body,  but  only  on  set 
purpose  to  express  ais  malice  and'  venom 
a^iust  the  plaintiff.  He  takes  up  a  lettev 
that  it  seems  c:ame  to  him  by  the  post^  and  to 
(Ti^tify  liis  own  malicious  inchnation,  and  to 
give  it  vent,  he  procJaitns,  *  This  letter  ensi 

*  me  nine  pence,  )t  might  have  been  brought  or 
"  affoi'ded  for  a  penny  ;  and  1  know  nobody  ii 

*  the  belter  for  it  but  that  traitor  James  duke 

*  of  York,' 

^  vou  see,  Gentlemen T  he  takes  hoM  of 
every  little  occasion,  if  he  can  but  happen  upoa 
an  opportunity,  such  as  tht9  vras  in  an  open 
coffee* house,  to  wreck  Ids  mahoe  upon  his 
royal  highness.  And  sure  there  can  be  no 
greater  imputation  of  scandal  brought  upon 
any  man  than  this  upon  the  plainUff.  Thai 
the  first  and  greatest  subject  of  the  king  of 
England^s  s^hould  be  taxed  with  the  greatest 
crime  iu  the  la\i ,  disloyalty  and  treason  to  hiit 
sovereign.  And  so  at  once  not  only  chargeth 
him  with  being  perfidious  to  his  only  broSier, 
against  that  affection  which  by  nature  he  Is 
obliged  to  pay  him,  and  which  all  that  know  ^ 
any  things  cannot  hut  observe  to  have  always 
been  extraordinary ;  but  also  touches  that 
which  is  much  dearer  to  him  than  his  life,  his 
honour,  by  charging  him  with  the  foulest  of 
crimes,  treason  and  breach  ot*  his  allegiaiice, 
which  as  a  subject  he  owes  to  his  i»overei^i. 
And  thus  besides  the  defendant's  confession liy 
thisjudgtnent  you  have  the  very  words  ptoved 
that  are  in  the  declaration. 

The  next  witness  is  one  Mr.  Whaley,  uid 
tje  LNVi>ti  you  an  account  of  anoilier  passage 
1  cannot  but  take  notice  of  by  the  way, 
\v  you  what  a  wonderful  Christian  temper 
thij>  man  is  endued  with.  Mr.  Whaley  says« 
that  being  at  the  bishop  of  Ely's  house  upon 
a  public  festival  either  of  Easter  or  Whitssun- 
tide,  (and  he  is  sure  it  was  one  of  those  two, 
because,  says  he,  *  I  never  use  to  receive  the 

*  Sttcrameot  in  London  but  upon  one  of  those 

*  two  dAya ;  and  therefore  I  take  it  upon  me  to 
'  My,  it  WHS  one  of  those  two  days  that  I 
'  he«rd  these  words*)  Gates  having/it  seems, 
received  the  holv  sacrament  at  the  bishop  of 
Ely 's  chapel  with  Mr.  Whaley  that  da  v.  W  ben 
a  hoi\y  would  have  thought,  that  if  Qfr.  0«let 
would  have  been  believed  to  be  so  ^sarty  and 
pious  ix  protcslant  as  he  pretends  to  be,  beabould 
nave  reiuemhered  that  uc  ought. 


llie  ProlesUkiit  doctrine,  to  have  left  bektnd 
at  his  spproftch  to  the  altar,  all  malice  aiid 
com.  Slid  ill  wiU  and  hatred  to  e? «ry  body 


143]   STATE  TRIAIS>  36  Ch,  II.  \6$4.' 
Bui  yma  see  ^Imt  kiod  of  depoitmeat  his 

For  tfter  »ueli  time  a«  lie  bad  been  al  the 
saemnefit,  bi;  takes  occa^n  M^ithout  any  prO' 
▼ficaiiuii  to  f'ttll  f<Mjl  iiuincxliatcly  upon  his  royal 
hLi;hi}es<«  giving:  hiai  the  name  of  a  proflij^le 
wrctcth*  and  tli^n  parlicubrty  liecoihcs  totiHy^ 
♦  Th«duket)f  Vork  was  a  traitor.'  This  i^rn- 
tleiitun  beiii^  conccnujdj  rs  every  honest  anU 
ittyal  tiian  ooortit  to  bt^^  oiitl  1  liop«  every  ^n^ 
9nf»j<.'Ct  i*tj  and  ever  W}\\  be,  to  hear  so  great  a 
|Jnt»ee^  tbe  ktng^'^oitty  liratbi^risa  tradiieedanit 
viMliifd,  reproved  liim  tor  it ;  but  so  far  w^^  be 
'Uilii  taking  ili«*  eim'fttion  due  to  Lis  extrava- 
'  ^Mit  liingiie  in  u  (ti'^rjmin*^  manner,  tf»ut  be 
ptrcseDily  (as  th«  genileman  phrtij»eih  ii)  catl^ 
tiif  his  mvnnitbna,  ivvo  ftUows  that  he  bad 
along  witu  biiki,  to  eoine  to  bini ;  upon  m  hicb 
the  genlkman  vrm  pleajsetl  to  &ay  to  him, 
'  Nay,  good  >Ir.  Gates,  yon  n&fni  not  be  in  so 
^  very  much  frar  of  yournelf as  to  eaU  <br  yoar 
*■  luen^  nobody  here  intends  you  any  hano.* 
Nay  ccrlaiiily^  Mr.  Gates  did  apprehend  bira- 
selr  to  be  secure  from  all  manner  of  correction » 
or  he  would  never  have  been  so  impiideut  to 
tpcuk  yuch  words. 

But  you  IV  iH  no  doubt  lake  notice,  as  all  tn en 
dnuMtbuldo,  of  what  an  f^eelleni  gt>8pel-(lt>i- 
rit,  what  a  delicate  chnstiitn  temper  the  mun 
ig  oit  after,  the  receivtiija;-  tite  sjacrament,  thai 
"ftry  maiming  to  cotue  and  belch  out  such  ex- 
travagant words  of  calumny  and  reproach. 

And  it  seems  this  jMrson  hail  obtained  to 
ft)ake  !»«cb  a  wonderful  fijnife  in  the  world> 
that  every  body  was  afraid  to  speak  to  hiui  ; 
Ibryou  hear  what  the  witness  say»when  he 
caaie  to  beg  the  bishop  of  Ely^s  pardon  fin* 
heiDiLr^o  loud  ajid  bot  at  his  table ;  the  biscbop 
gave  hini  thanks  for  jt»  and  told  biro,  '  None  of 
us  daivd  to  sjieak  to  him.'  8ncb  a  cr>osider- 
alile  man  bath  be  bpcn^  that  he  mi|^ht  rail 
against  the  king,  and  ilie  duke*  and  the  go- 
veniment  without  controuL  He  was  gut  hi  to 
Rueh  a  |vost  that  nobody  durst  meddh?  with  hrro^ 
but  he  must  have  lil>t  rty  to  say  any  thing  of 
any  body.  To  what  an  height  of  ciflruprion 
were  we  grown,  that  we  could  suffer  such  a 
felkm^a  hisoMice,  at  wliich  no  man  living,  that 
htsanj  sp^rk  of  modesty  or  loyalty  lefl  in  him, 
hut  must  ohiiih  and  tremble. 

Theti  th€^'  produce  to  you  one  Mr.  Johii9on, 
who  gives  ymi  an  accounts  that  after  some  dis- 
eom0f  between  him  and  tht;  defendant  Gates, 
about  the  duke  of  York,  he  immediaCdy  told 
Johnson,  that  the  duke  waa  either  to  be  hanged 
or  liaubhed  ;  tt  seems  be  was  so  ill  a  man  in  his 
eye,  but  of  fbe  two,  hanging  was  the  filter  tor 
him.  So  the  doctor  shewetb  what  a  wondertul 
kindness  and  alTection  he  has  for  tiie  duke,  and 
what  thoughts  he  has  of  his  great  deserts. 

Mr.  Bow  ring  i»  the  next  witness,  and  he 
eomea  and  tdls  you,  that  the  doctor  could  not 
he  prevadeil  wfth  to  dine  with  the  gentlemen  of 
the  parish  of  Foster-tone,  becau!f«  some  of 
them  had  dined  with  tiieduke,  which  he  calls 
dining  with  tbc  devil.  It  seems  he  made  as 
Iboiipi  ht  wauM  preach  theT«  to  th«m,  ha  got 


'Pr^tedingg  httwan  tht  D,  4>f  Ycrk  [11 

up  into  tlie  pulnif  ai>ij  took  a  te^tt.  aiid  pre^ 
tended  to  preacn,  and  if  he  wooki  h2ve|nxttcli- 
ed  accordmg  to  the  duty  of  a  church  of  T 
land  divine,  he  was  by  tliat  to  b. 
not  only  obetUence  and  m&biiii ^ 
but  respect  to  superiors,  nnu 
all  subjects  towiu'ils  onu  another  ;  and  if  1 
did  preach  it,  h  v^as  wov^e  in  htm  not  to  pn 
i\se  it,  But  you  «ee  af\er  be  bad  prtiorniHt  1 
painful  laborious  [irencbment,  hH*t  h*^ 
taken  such  a  wontierfid  deal 
dtiitbl  he  ilul  iu  instructitigbiK 
langUAge  is  in  uoMwiar  to  a  iivn  uu  njn 
dinner  by  the  cbiinoh  wardens:  ^  Hav^j 
y  u  u  dm  ed  w  ii  b  Y  o  rk  at  the  city  f  e»alir  I 
they  fK)t  ftosucriiig ;  but  being  ^itently  an 
at  {\iv   iiiHx  :  tinent  impudence  of  ihc'qii 

*  ^  !  would   not  dine  w  ith  lb 
b»ii                 It  the  deviL'     It  sef^ins  1 
bigbni-ijs  had  been  picitsed  to  honour 
cieties  of  loyal  men  in  the  city  of  f 
bis  company  at  some  ontertsiiu  men  Is  tb 
aud  that  is  a  great  offimce  to  tlie  de 
and  as  for  those  that  bad  received  tb 
favour  from  bis  btebuef^s,  he  takes 
them  as  such  wbon,  '  '  '        Jher 
drink  wit U,  for  tm I  ^    atid^ 
with  the  devil ;  but  ij.M....ji^.. . . 
his  great  Avat  aud  wonderful  c  onf*«*m  lor 
proi4>«ta)it  rclittion,  broke  up  frutu  ihc  comp 
^tould  neither  cat   nor  drink   witlj  iham, 
cho^  rather  to  dint?  al  a  privatt!  brttsier^s  i 
Loudon- wall  ;  a  pr«>pereT  (dace  in  good 
fur  bim,  than  any  such  conversation  they  <itfei 
ed  bim. 

Tliet*  further  to  shew  what  mean  tho«r;bi> 
be  had  of  the  plaintifr,  Mr.  Fairfax  be  eomw 
and  testifies,  that  there  being-  Mime  talk  of  i 
preseutmeht  i  '  '.    iiikei' 

York  by  the  u 

with  adi*;app*iii...-vM-.  w    ,».- .  i.«i.-,.M.4i 
him,  '^  What  be  would  do,  for  saysj^  he,  ' 

*  you    are    non-suitefl  ?    That    is      vou^ 
'  happened  not  to  obtain  the  ♦ 
•^  iri^Mtd  :'  Ob,  saysOate-3,  *  ^ 

*  that  is  all  one,  we  will  at  him  neat  ^ 
^  and  lor  my  part*  I  will  have  no  mf»r»* 

*  to  him  than  I  would  to  a  sr 
and  because  they  shouki  see  t :  tn 
bzs  malice,  and  the  low  thoughts  be  ha 
royal  highneMi,  as  if  it  bad  not  bees 
enough  to  have  compare*!  him  to  a 
of  Ijondou  i^r  ^V  i^^tminsU'r,  no,  that  wi 
tion  too  bonoiuabl*^  for  him   in  his  th 
but  lie  mu*4t  nt'C*essarily  be  compai'cd  to  it  i 
veofferof  Kent  street  ;  which  we  all  kuo 
be  one  of  ^e  meanest,  tilthievt,  and  most 
garty  parii  of  the  town, 

Tlie  next  piece  of  evifletice  is,  that  wht€ 
gfiven  by  one  Mr.  Phdips  ;  and  when  lie  < 
to  him.  lie  began  to  have  some  reHeciiuiiif  i 
the  HouHe  of  Commons  and  thf  tluke 

*  truly  he  did  not  doubt  but  he  sltould  sre  J 
'  at  ifie  bar  of  tlie  House  of  Commons  ; 

*  woidd  be  no  disparagentent  to  him  to 

*  there,  tor  i!iere  were  a  great  many  ipea 
'  there  thai  were  as  gt)oa  niai  or  better 

4 


hut 


Tilt 


STATE  TRIALS,  3d  Charles  U*  l68*.— <inrf  TOw*  Oaie$. 

\mfnUy  ibts  fancv  of  liis  be  wuuM 

hi^  tttyik\  Ui^Uness  ;  for  in  cnse 

itJ  00  tfiher  consideration  but  as 

fttiMitht  krum-  timi  no  peer  of  this 

lb'  ■\   a«v  vipte  or  order  of 

1^  tn  rome  to  their   bur. 

bid  a  luiiifi  to  tcikt?  i»fr  bisver^  |»rivilegc 

e,  ami  it  woubl  be  do  Ir^seniDg  of  Uh 

nee  tbftl   lloufo  L;iii   in  it   m^my 

t»r  m^n  than  tlip  duke  bimself.     I 

Me  pariicuiar  trie  nils  of 

e  5Ir.   Asblock^  ftnd  be 
<»  he  would  engage  all 

,       Slif-    iiMK*^''*  fk^TMin,  be 

li  1.  nee 

'  to  IT.  A, ike 

haS  «  ^TTttt  baad  mid  conccni  in  the  dismal  fire 

af  Lcjififnn   in    !f/if\   that  thereby   be  niig^ht 

sukc  I  ru  the  rancour  And  ma- 

^  Jjgof  I  in  that  dreadful  lala- 

^^uil  vviih  what  haiidsotnc exore^^ou  he 

f.h  ?  »  He  Imid  the  ciiy  of  London,  be 

'i  I  we  I*  ill  have  him 

^Haad  for  it,  when- 

:  here  hn  ii*»toidv  n  personal  reflection, 

bci<niB    ioditfnity   done   to   his   royal 

but  carries   in'  it  a  ^eat  reflection 

enil  iiiHt«-KK  liiiiisi^ If'iti  1 M < retalions  t 

Ibt  t?i  II'  ^  (lut  his 

I  mod  VI  ue  alive, 

(>.      For 

•  <1  sbiwder 

Atuuiajist)^    tbt  *|aei/n,  rnotber  10 

nnd  !m<  brnther,   by  callirit^  bini 

'  ii  in  an  expreitiion 

^  du  I  a  ttatore^  as  is  not 

Tbr  I  to  take 


[146 

•  and  yoit  r  to  1o«eyour  reputation  i 

*  y*niVti :  VI  .her' 
8o  that  i  perceive,  if  he  will  not  be  advis 

by    tbts'^gftillenuiu,   he   should  lose   all    hit 
ciedit  ;  aiid  vet  I  (irt»suineit  i«  womlcrrallv  in 
the    ndvantnj,'e  <d    Mr.   Creaaett,   to   Iom*  ibi 
«^'edit  be  e^nild  f ft  by  uny  eharacters  or  coni^ 
iiieiuUtii>ti$fiiirb  an  *in«»  a**  be  coubl  jj^ive  him,  " 

Tt  kindly  advised    litri 

tj  tu  >  party  by  his  |»]issiaii 

and  l!i\  <  'ij\  und  told  hhtit   if 

would  tin  *' at  last.     .\nd  tndj 

wn%\  I  tbiur.,  ..  .  M  ,i,^  ji.vrlv  wore  in    bis  con^ 
dition*  and  tfiadc  to  « mart* for  the  lari'^hneii 
of  ibtir  »[  .t'vnps;^  I   fliinit  it  were  a  tfood 
com;  of  bis    pr^inhecy,   and    if 

vicii  rn^  we  sbonid  be  more  at  peace 

And  ue  may  without  offence  hope  to  see  T 
soonei%  than  what  the  defeudartt  says  be  hope 
to  see. 

The  next  is  sir  WHIiam  Jpfinini^,  who  telb 


se  words  itrto 

Tbrti  tmmn  ( 
yvaan  a^eoaiii,  i 

M  tlkn  <liaiDb«Bs  ,1,(1^ 

vib^cdipUia  rr  M  1^- 

■m  b«  met  iiitii  mv  tlekinUh^  vvi^u  i\:\i  upon 
Ml,  ¥Vlut,  v'.'ii  liuve  bi  ( Ti  with  James  j^  It 
Wamk*  he  waa  one  of  his  iniimale  tiequnintance, 
iM  very  lAoailiar  be  ^a^  \rtth  bis  tK»me. 


4nl  m  smo  wotild  hu^ 

'        ,;' 

he 

ild  CfMiltfl  ibl  one  mar 

.  0- 

*ir,aiii  br   '      > 

'  ui  his 

mmlotii, 

a  i^ery 

iMitnAltexu.  .. 

"   ri^eant 

W  ilial  favlbar  i^ 

'  i;i(aiD, 

«l»lJMiie»?  ^\ 

V-  .li  vifty 

IimI  tliai  1^  ^vr 

itkUtion 

to  let  biin 

iMBW^IHt  JatiH 

Mt  ;     but 

when  the 

diiid   liicn,  iii>d  tuki  him,   *8nrc  you 
It  tailiin' asy  the  duke  of  York,  or   bf« 
^ivjil  liitfliiiiiiB  ;' tbi^n  immeiliji^ 
IIm,  br  nhm  out/  He  »  a   P.  , 
'•■iiart  wad  i  bftpt^  to  litre  to  ae*i  him  liADgcd^ 


you  of  a  passage  at  the  y  at  Oxford 

which  shews  hi*  wondcrl  i.hI  I' 

tian  temper,  when  a  comjiji  >  or  ' 

were  met  together  to  drink  a  plas 
and  were  wishing  h^  '  '     -       ^         luc  lu  in«l 
sacred  nmjesiy^   Ins  and  I [10] 

royal  rainily,  be  wouiM  ^.k  l.*  .  ...it.  ated  t^  re- 
fuse the  glass,  but  to  shew  how  ^londerlid  \ 
Christian  spirit  be  wuk  of,  and  \n  *  «.  i«f  fn  <■  Ms 
true  Protestant  chanty  (and  I  j 

vtbo  was  one  of  tbu  fJ^:t!!^o^  t»  1 

uiay  g'ucss  at  the  tr  1  tine  (lariy)   be 

crie«i  uut,  *  Hu  bast  i  nation,  and 

*  there  be  any  hotter  pi.^Cii  in  Ueli  than  tnhcr,  I 

*  hope  the  devi!  will  ^^re^^rve  it  for  bim  ' 
I  presume  ht^ 

besfiok^  of»  fu 
there  is  in  bell 
and  who  they 

by  doili  in  the  leai 
:  ir'lbe   words   in  ih 
l^ail  can  he  ;     but 
r>i'  this  man  tbut  ba 
1  courted, 
wircup,  whotellsyonj 
he  wus  nut   tn  tiie  roma   with   Outes  when  the 
last  words  were  spoken  ;    bwt  eoMting^  io  tm- 
rnediately  al^er^  tbiy  all  tobi  hint   the  aam 
words  oird  bf  Btlerwards*  mectin;^  ifrlA  f ' 
and  K  lim  ihv  bis  indecent  behaviouf' 

und  '  instead  of  any  rernors^e  or  eon* 

cern 
hnvi: 

li,,  *    1  lit-  i.ivuvi:  It 

^  pb»t ;  and  becaiu»eyou  take  hi»  pari  you  an 

*  a  Vo.L  .1    ..ri,^  »v-  •^■n  Iff  e%en  wjth  you  \" 
♦itai  1/    8t*  he  ihreiiien 
bim  «<   .    .  .  .1  .  ..^  :  ..  .  uhy  be. belia'^ed  him^ 
self  in  such  an  iiMJeeent  uiHoiier  tovrafds 
myal  bitfboeMd^ 

The  last  nitn€«$,  Mr.  Chapraant  k  produce 

to  ?hew  what  mind  he  conti*>ues  in.      Alter  nil 

•^  past,  and  a  body  would  bavethni^'ht  \h 

t  by  this  time  h:ivt'  been  broujfht  to  1 

consideiatioa  atkdsnbuiiaaioutOBUtbiirity  ;  yet 


1  J7j      STATIC  TRIALS.  36 Charles  II. 

3  Oil  st'o  Ihuf  the  man  is.  The  witness  tells 
>"•!«  >iure  the  lictiinniri^"  of  this  term,  the  de- 
t'uinticn  heinj,^  dtJi>ere<l,  and  hy  tlie  uoursc 
ot'  thi?  coint  !jc  ouy;ht  to  |ilvad  witliin  such  a 
limo,  the  attorney  ^;<!Pt)i  to  him  for  a  plea  in 
ordtT  to  mako  his  deft  nee  if  he  could  in  the 
a  lion  now  befrrc  you,  but  he  lets  judii^ment  go 
by  dcfiulc ;  aitil  so  fur  is  be  I'rom  repenting'  of 
i>  IijU  he  had  formerly  none,  that  he  persists 
in  it,  and  tells  him,  Are  you  the  duke's  at- 
torney ?  Yes.  ^\  ell,  I  rare  not  a  farthing  for 
the  dnko  nor  his  attorney  neither  ;  it  may  be 
I  iiwy  be  in  here  for  liKM)On/.  (and  that  I  be- 
lieve is  one  of  the  truest  things  be  ever  s|/oke 
in  his  life)  biU  suppose  1  lie,  I  do  not  ilmibt 
but  when  a  parliament  meets,  a  time  will 
como,  w  hen  some  other  people  may  come  in 
niy  plaec.  Dut  truly  since  he  has  declared 
his  hop<>s,  1  til  ink  it  may  not  be  amiss  fur 
us  to  declare  our's  too  ;  and  for  my  part,  to 


1  oSi.— Trial  of  Thomas  Roaeweli,      [  148 

say  I  hope  J  shall  never  see  such  a  parlia- 
ment. 

Mr.  Unflcr-Shfriff.  Lay  your  beads  toge- 
ther, gentlemen,  and  consider  of  your  verdict. 

They  did  so  standing  at  the  bar. 

Uinlrr-S/itriff'.  Are  you  all  agreed  of  your 
verdict  ? — Onims.  V\s. 

Umhr-Shfriff.     \Vho  shall  say  for  you  ? 

(fmiies.  rt>rc^man. 

I  'ndrr-Skfriff.  W  hat  damages  do  you  find  ? 

Sir  Char/es  I.n\  Full  damages,  An  llundreil 
Thousand  Founds. 

VuHir-Shertlf.  Whatcost^? 

Sir  C'  aria  Lee.  Twenty  shillings. 

Which  Verdict  being  reconled  in  an  inquisi- 
tion intended,  taken  under  the  hands  of  all  the 
jury,  u  as  afterwards  annexed  as  the  retuni  l» 
the  writ  of  Inquiry . 


309.  The  Trial  of  Thomas  Roseaveli.,*  a  Dissenting  Teacher,  at 
the  King's-Bcnch,  for  High  Treason  :  36  Chakles  II.  a.  d, 
16'84. 


23  0ct..\.  D.  1084. 

This  day,  being  thcfn-stof  theterm,  Mr.  At- 
torney-General nioved  the  court  of  King's- 
lK?ncli  for  an  Habeas  Corpus,  diret  ted  to  the 
keqter  of  the  Gatehouse,  tu  bring  up  the  body 

*  "  There  ueretvvofamoustrialsin!Viichael- 
lUiLS  term :  three  women  cunie  and  deposed 
against  Uosewell,  a  iVcsbyteriaii  preaclier, 
treasonable  word:itliat  he  hud  delivereil  al  a«>un  • 
vcnticle.  Tlu-y  swore  to  two  or  three  periods, 
in  which  liicy  tigifjd  so  ix:ietly  to«felher,  that 
there  was  not  the  smalli'st  wariution  in  iIkh*  de- 
positions. liiiSfWc'll  on  the  other  hand  made  a 
strong  defence :  hi  proved,  that  thv  uiiuosscs 
were  lewd  and  infan II >us  p^rston^.  lie  pro\ed, 
that  he  had  always  beiii  a  l<iv;d  mau,  cun  in 
Cromweirs  days  ;  that  ho  prayiMJ  coUNUntly 
for  the  kinijf  in  his  faniilv,  and  tltat  in  hi>  s>'i- 
inons  he  oftiai  insisted  tm  the  obli^aiiuns  to 
loyalty.  And  &i-  for  that  .^(  r:ii<':i.  In  u  \ut  h  thr 
witne:i>&y,Svor«.*  he  rteti\iTi'<l  iIiom;  v.mJs,  he 
shewed  what  his  text  was,  which  l!:<*  wiuK-sscs 
cuuld  nut  rememln'r,  its  tlicv  ri  n:eoiii«.r<d  no- 
thing else  in  his  sermon  l»esuU's  the  wnrds  lh«  y 
hud  d<>po>;cd.  Tliat  teM,  and  his  siruu):!  ujion 
it,  had  no  rehti<Mi  to  any  such  ma.ior.  Scwr.ii 
ivilnesses  \iho  hi-ard  Iiie  sti'inofi,  :uul  M>ni;.* 
uho  writ  it  in  short  hand  deeUnd,  he  said  iiu 
such  words,  nor  anything  to  that  purpos<>.  JIi- 
uf}t.red  his  own  uou's  toprtAo  this  fartlur  :  hut 
ii«)  reutu'd  was  had  to  t!)ei!i.  The  v\  omvu  i-.iuld 
notpro\i'  by  any  eircuiiibtiuiee  that  they  were 
at  his  me'v'ting  ;  or  Uiat  any  {lerKun  saw  them 
there  on  that  day.  The  wouls  they  swore 
against  him  were  so  gross,  that  it  was  not  to  bt* 
iinagined  any  man  in  bis  wits  could  express 
himself  so,  were  he  ever  so  wickedly  set,  belbre 


of  Thomas  Rose^vell,  clerk,  to  be  arraigned 
upon  an  indictment  of  High-Treason,  found 
against  him  at  a  late  session  of  Oyer  and  Ter- 
miner, held  at  Kingston  in  the  county  of 
Surrey  ;  and  it  was  desired  returnable  tu  mor- 
row, but  was  not  taken  out  till  that  day,  return- 

a  mi.ved  ii^i.-ionibly.     It  was  also  urged,  that  it 

was  high! V  inijirobahle,  that  three  women  could 

reincnibti'  i;o  long  a   peritNl  upon  one  single 

heai-iiig  ;  undtiiat  thi'y  should  all  remember  it 

so  exactly,  as  to  agree;  in  the  same  dcpositioD. 

He  ofiuri'd  to  put  the  whole  upou  this  issue: 

he  would  pronounce  a  |K>riod,  as   long  as  thai 

^^  hich  tiu'v  huil  sworn,  with  his  usual  tone  of 

voice  uiih'whirli  he  preached,  and  tlien  leava 

il  to  till  01  to  repeal  it,  if  ttiey  could.  I  set  dowB. 

all  this  defence  more  particularly,  that  it  may 

appear  w'oai  a  spirit  was  in  that  time,  when  m 

\ei-diit  could  be  brought iu  upon   sucbanevi- 

,  deiife,  aiid    against  such  a  dtrfeuce.     Jeflerica 

.  iirgrd     the     ii<aiier    with    his    onlinary    w 

!  hcincnee:  he  laul  il  for  a  foundation,   that  all 

|.rca«'hing  ut  e<iiiwi.t'<'I-s  was  trc>asonable,  and 

I  il;:aiiiisi:ii:;l.iiod  !;|itKsftii(-jnry  to  believeany 

I  evif!o:.ri  \t't'aiM>Lvt>;- upo;i  that  head,  and  tbal 

I  luTe  wen-  thi>i:  |M)siitve  concurring  witnesseSy 

j  s(i  t':e  jorv  iii'ou<;iii  him  ui   guilty.     And  tbcM 

I  >\:iNa  hiuimefiil  rej-.-iring  upon   this.     It  WM 

thonirUt,  n.'vv  c>-n\uiticlus  would  be  all  sop* 

prrssfMl  i.v  it  :    since  any  person  that  wowd 

wiinrsstiiai  trrasonauh    u<irds  wire  delivered 

attUiin  wouM  iu-  b»^'lievrd.  how  improbable  SO-/ 

LMv  It miulit  be.     ilut  wiien  the  importanceaf' 

the  woitls  <-ame  to  be  examined,  by  men  learn* 

*'d  ill  the  law,  they  were  fonnd  not  to  be  treu*- 

sou  by  any  staluti'.     :So  Uoscweli   moved  for" 

uii  arrest  of  judguu*nt,  till  counsel  should  btt* 

hvard  tu  tliut  puiiiu,  uhether  tlm  wordtf  wan* 


IW] 


STATE  TRIALS,  36  Chari.es  II.  l684.— /<;f'  f/ig-A  Treason. 


ri5o 


aUt*  irnvtcdiale^  and   upon  Saturday  it  was  re- 
ancd. 

DieSabbati,  25  Oct.  1681.  B.  U<^g^is. 
DoMiNus  Hex  vers.  Roslweli.. 

This  day  3Ir.  Rusewell  was  brought  iifioii 
tbe  Writ  of  Habeas  Corpus,  to  thu  wkv  of  the 
einftol'Xiii{r*s- bench,  and  was  thus  arraigned : 

CL  tff  Cr,  Thomas  Rosewcll,  hold  up  thy 
fand. '  [Which  he  did.] 

**Thoa  staudest  indicted  by  the  name  of 
T^ooias  Rosewcll,  late  of  the"^  parish  of  Ro- 
Aoiuth,  in  iLe  county  of  Siirre^r,  clerk ;  For 
te  tbou,  as  a  false  traitor,  against  tlie  most 
■OEM  and  most  excellent  prince  our  sovereign 
MCbarh*s  the  Second,  by  the  grace  of  Ci^, 
Imp  tf  En^nd,  Scotland,  France,  and  Ire- 
kJ,  defeDdcr  of  llie  faith,  dec.  thy  supreme 
mi  mural  lord  ;  not  baring  x\w  fear  of  ( Jod  in 
tfijbeart,  nor  weighing  the  duty  of  thy  uUe- 
|iuoe ;  but  beio^  moved  and  sciluceil  by  tlic 
MUgation  of  the  devil ;  the  cordial  love,  aAd 
toe,  due  and  natural  obedience,  which  a  true 
lad  &ithVul  subject  of  our  said  sovereign  lord 
^Idngdotti,  and  of  ri<;ht  ought  to  b«ir  to- 
midi  niin,  ailojgether  withdrawing  ;  and  con- 
lirii^  and  intending  to  distiu-b  the  peace  and 
fmuDoa  tranquillity  of  this  his  kingdom  of 


3  or  not.  In  Sidney's  case  they  refused 
Agnal  that,  ui  Jess  he  would  first  confess  tlie 
flhO.  And,  though  that  was  much  censured, 
jtt  il  via  more  doubtful,  whether  council 
«|^labe  hourd  after  tliejury  had  brought  in 
^fCite.  But  tbe  king  was  so  put  out  of 
eamtoBBittwith  the  many  stories  that  were 
%n«fbtbin  of  his  witnesses,  that  the  attorney 
liiid  orders  tu  yield  to  the  arrest  at' 
t\inu\r\\  it  had  been  more  tu  the 
j'ilidiioar  to  have  put  an  end  to  the  business 
bjrapaniun.     It   was  thought  a  g«>«)d   poiul 

ttwhK:h  might  turu  to  the  advantage  ot' 
j£ct,  to  allow  that  a  point  of  law  nii^'ht  b<' 
'  afttr   conviction.    Tbe  impudence  ut' 
terdict  it  an    the  more   shameful,  since, 
we   had  a  popish  successor  in  view, 
a  precedent  uiude,  by  which  pusiiivc 
swearing  to  any  thing  as  buid  in  a 
were  to  be   believed  against  so  many 
itie3,  and  so  much  proof,  to  the  contrary, 
might  have  been  at  another  time  very 
to  the  ilergy.*'     Burnet's  History  of  his 
Times,  vol.'l,  p.  yj7. 

«*  RoMewpll  wa«  attaint,  by  verdict,  of  hiv:li- 
■MO  m  I»ndon,  and  luving  made  hi-i  peaiv 
ilk  the  iyird  Chief  Justtice,  moved  by  his 
to  arrest  thi*  judgment  for  an  emtr  td' 
in  the  record.  Tlu  Lord  (.Mi icf  Justice 
not  €*onuin  himself,  or  be  concealed,  but 
rt'jiiict^t  at  lilt!  accident,  and  was 
Mtii  with  lairth  and  laughing  ut  the  king's 
mmti.  Hut  the  serious  obser\  ation  was  that, 
Nrhc  had  urged  the  proseeution  of  Ufisewell, 
m  fitiilt  »bpt,  he  should  so  merrily  discharge 
u"  North**  Life  of  liord  Keeper  Guilford. 
^%f.  107,  avo  edit. of  ISOti. 


England,  and  to  sow  sedition  and  rebellion 
within  the  kingdom,  and  to  depose  our  said  .so- 
vereign lonl  the  king  from  the  ttile,  hono..r, 
and  regal  name  of  the  imp'jrial  crown  of  this 
realm,  and  to  bring  our  said  sovereign  lord  the 
king  to  death  and  final  destruction,  the  14  th 
day  of  Seplemb<;r,  in  the  36th  year  of  the 
reign  of  our  said  sovereign  lord  the  king  that 
now  is,  at  the  parisli  of  Itotherhith  aforesaid, 
ill  the  county  of  Suney  afort»said ;  didst  pro- 
pose, compass  and  imagine  to  sow  sedition,  and 
raise  rebelliim  a»ainst  our  said  sovereign  lord 
the  king,  within  this  kingdom  (d*  Ivjgland,  and 
to  make  a  miserable  slaughter  among  the  stih- 
jects  of  our  siiid  sovereign  lonl  the  king,  and 
to  cause  our  said  sovereign  lord  the  king  to  be 
deposed  from  the  regal  st'ite,  title,  and  honour 
of  the  imperial  crown  of  this  realm,  and  to 
put  to  death,  and  final  destruction,  our  said  so- 
vereign lonl  the  king;  and  the  government  ot 
this  his  kingdom  of  England  at  thine  own  w^U 
and  pleasure  to  change  and  alter ;  and  the 
state  of  this  king^lom  of  England,  in  all  its 
parts  well  ordered  and  constituted,  to  overthrow 
and  subvert ;  and  to  levy  war  against  our  said 
sovereign  lord  the  king,  within  this  kingdom  : 
And  tocoiU[dete  thy  s^iid  most  wicked  treasons, 
and  traiterous  puV(Mi>t^i,  and  imaginations  ; 
and  to  raise  discord  between  our  said  sovereign 
lord  the  king  and  his  people.  Thou  the  said 
Thomas  Roscwell,  the  atiiivsaitt  1  ith  day  td* 
September,  in  the  .'ttjtli  year  aforesaid,  at  the 
|>arisli  aforesai<l,  in  the  county  aforesaid ; 
falsly,  unlawfully,  setlitioiisly,  maliciously  and 
traitorously,  in  a  certain  unlawful  assemblv, 
and  in  the  presence  and  hcaiiiig  of  divers  suo- 
jects  of  our  said  so\  er«^  ign  lord  the  king,  tlicn 
and  there  unl'ii\ifull)  ar.d  seditiously,  and 
against  the  laws  of  this  land,  assfuibleil  and  gn- 
llu;red  tojri'iher  :  <lidst  speak,  assort  and  de- 
clare, *Thal  ilu-  People'  (m«*aningtlie  subject* 
of  our  said  soxeieig'i  lunl  ilie  king),  *  made  a 
'  Hocking  to  uursiiitl  sovereign  lord  the  king, 

*  upon  [)retenre  of  healiuLf  the  king's-c\  il, 
'  whirli  he'  (uiraniiig  our  said  sovereign  lord 
the  king)  "  could  not  do  ;  but  that  we'  ^ni(;an-> 
ing  thyself,  and  other  traiit- rous  |)ers<ius,  sub- 
jtx*ts  of  our  said  lord  the   king)  *  are  they   to 

*  whom  they'  (meaning  the  subjects  ol  our 
said  lord  the  kiiig)  ^  ought  to  tlock,  bec'ause 
*•  we'  (uieaning  thyself,  and  the  said  other  trai- 
terous persoi^)  *  are  oriesJs  ami  prophets,  that 
'  bv  iHir  prayers  o.in  heal  the  d<doiu*s  and  griefs 

*  of  till'  peo|)li.'.  \Vi;'  (meaning  the  subjects 
of  our^>aid  seven  iijn  lonl  ill;*  Ling)  *  havt?  !iad 

*  two  UH.Krd  kiiiy>'  (the  most  serene  <.'liarles 
till'  fi;-st,  l:.iekinf.  of  Kiigland,  and  our  said 
soveriiyn  lord  tlie  Linic  that  n<iw  is,  nifaiiinif) 
'  to.«;ether,  who  liavi*  |KninliU'd  pupcry   o  enter 

*  i.i  ursiler  their  noses  i'  whoi;i  iusi-aiiinvr  the 
said  ChurlfN  the  first,  late  Kiiiir  ('f  KngUuHJ, 
an  our  said  covert  i<;n  lord  ihtr  kisii**  that  now 
is)  '  we  can  resemidc  to  no  oiimt  person  hut 
"  to  iiio.»,t  wicked  Jeroboam. '  '  Ai:!!  ihal  if  they, 
(meaning  the  said  eviUiiisposiMl  |u;rM»ns  thi-u 
and  there,  so  as  aforesaid  with  thee  unlawfiiHv 
assembled,   aud  gathered  together)    ^   \^ouIl1 


I 


151]     STATE  TRIALS,  36  Charles  IL  iC84.— Ti  iW  of  Thomas  Rosewell,     f  158 

Ros.  I  liumbly  thiinkyou,  my  lord;  Ihope 
you  M  ill  pardop.  my  weakness  and  igtionnoe. 
J  crave  tlic  favour  to  have  a  copy  of  my  in- 
dicimcQt. 

Just.  Hoi.  We  cannot  allow  it.  Ynit  cannot 
lie  it^iuiraiit  of  tliat,  it  Las  been  denied  in  many 
cases  of  late. 

Just.  Wfifcot.  We  cannot  grant  it,  eioqrt 
Mr.  .Attorney  will  (^onsent  to  it. 

Just.  HoC.  ^'i)u  must  positively  say  {j^nilty, 
or  nor  guilty.  Sir  Samuel  Astry,  caH  him  to 
his  plea. 

CV.  of  Cr.  How  sayest  thou,  Art  tllM 
Guilty  or  not  Guilty  ? 

Just.  IlnL  Look\ou,  8ir,  you  shall  nolAt 
stnutLne<t,  vou  «hall  hcve  convenient  time  t0 
coi^sider  what  ili;fence  }  on  bu%etomake.  la 
i\v:  mean  time,  we  ha^e  nothing'  to  say,  but  to 
know  of  vou  what  you  plead  ;  Guilty  or  not 
Cluiitx-. 

Al'f,  Gnf.  (Sir  Robert  Sawyer)  If  you  de- 
sire to  have  the  words  rt:ad  again  to  3*ou,  yoa 
Khali. 

Just.  7/()/.  Ay,  with  all  our  hearts. 

Htnt.  I  thank  you,  8ir,  and  my  good  lords.  I 
desire,  if  vou  please,  to  h«ve  it  read  in  Latin. 

Just.  tioi.  Read  it  in  Latin.  [Which  wu 
done.] 

C7.  of  Cr.  TIow  sayest  thou,  Art  thou  Guilty, 
ornot  Guilty  ? 

Jui^t.  BoUoit'ttif.  Now  what  do  yon  say  ts 
it.  Ani  you  ^u'dty  or  not  grilty  f  for  iiidcel 
wc  cannot  spend  our  time  ini [Pertinently,  wi 
have  other  buMness.  Here  is  a  qi!estk»a  yo« 
ou^flit  to  niiike  a  direct  an^ncr  to  one  way  or 
othrr. 

Ruscwefl.  My  Um\  I  liumbly  cro^ne  the  fii- 
vour  it  may  hi*  it  ad  once  more  in  Eng^lisb. 

AtL  Gen.  Sir  Snna:cl  Astry,iTa(i  the  words 
without  the  innuendos. 

Cl.ot'Cr.  (Reafls.) '  That  the  people  made 
"  a  flockinq^to  the  king,  upon  pretence  of  heal- 
Mng  the  kini^'s- evil,  which  he  could  not  do; 

<  but  we  are  tliey  to  whom  they  ou;;lit  to  flock, 

<  because  we  are  priests  and  prophets,  who  can 

<  heal  their  prriefs.      We  have  now  bad  two 

<  wicked  kings  together,  w  ho  have  permitted 

*  Popery  to  enter  under  their  noses,  whom  we' 

*  can   resemble  to  no  other  person  hut  to  the 

<  most  wickfHi  Jeroboam  :  and  if  you  will  stand 

*  to  your  principles  I  do  not  fear  but  we  shall 

*  he  able  to  overcome  our  enemies,  as  in  former 

<  times,  with  rams  horns,  broken  platters,  and 

<  a  stone  in  asHng.' 
Jnst.  Uolhtcay.  Now  you  hear  your  charge 

both  in  l^atin  and  English' ;  pray,  thcrelbre 
let  the  court  know  what  you  do  plead ; 
gnilty  or  not  guilty  to  it. 

Hmcwt  II.  Not  Guilty,  my  lonl ;  and  I  Ueas 
mv  ( fod  ii)r  it. 

'Cf.of'Cr.  Culprit,  how  will  thou  be  tried  ? 

Rmni'fll,  By  Gwl  and  my  country. 

f  7.  ofVr,  God  send  thee  u  good  deliverance. 

Rv^'fucU.  These*  are  things  that  my  soni 
abhors,  1  thank  my  God. 

Att.  Otn.  Mr.  Justice  Ilolloway,  will  you 
please  to  appoint  some  time  for  his' trial  ? 


*  stand  to  their  principles  «liou'  (im.-anin^  thy-  | 
^e!f)  *  didst  uj It  «('ar,  but  they'  (meaninu  thyself,  j 
and  the  said  ev  il  -liisjiosi  d  persons)  *  would  over-  ' 

*  cwiiie  tlieii-  enioiies,'  (meanihi;  our  said  sove-  i 
reljiifn  l<»i-d  ilij'  Uiiiji   and  his  subjects)  ^  as  in  ' 

*  furnuT  li-Mis,   with  raois-horns,   broken  pht-  ' 

*  ti-rs.  (iiKi  :i  st  Mie  iU  a  sJintf  ;*  against  tii*^  dmy  . 
of  tijy  :iiK*;j:iai::- »,  «jja!ii-1  the  pimec  i»f  our 
Ro»e.»ii>ri  loi-.l  rlH  kinsy.  Iii>  (loivo  and  digr.ity, ' 
and  a'lfJuiiM  i!i.'  .-erui  ot  ilie  siaiuti  in  ihat  luse  ' 
ina-li-  an!  )<ru\i.Kd.'  "  How  >ayst  thou,  Tho-  ' 
mas  R:iAt'we]l  ;  Art  :hon -^uiiix  of  this  High- | 
Treason  w I iereof  thou  siimdf^?  iin'icted,  and' 
bust  h(s  n  nou-  :irraigncd,  f»r  not  (iiiiliy  ?  j 

Mv.  Kuiucll.  M\  I'iid.  !  hunildy  crave  the  i 
favt)ur  lo  < ;.,  ;'.k  a  \sv\\\.  *  ! 

Ju-!.  Hri/caij/.  Uhat  is  it  you  iv'ould  say,  '• 
Sir!'    V«.n  mi>-l  pie::d.  '  '    \ 

RifS.  .My  lord,  i:iy  c'l-irj^^c  is  very  high  ;  anil  , 
IbKss  mvGod,  I  am  not  eonsoiuis  to  invstif 
uf  RMV  ifuiit  as  to  those  tbinjfs  tl>Ht  you  have  ; 
hearJ  roril,  and  el:ai"fvd  ii|iiMi  me I 

Jnst.  Jfti'.  if  vou  «ii|  pbad,  JSir,  to  this 
indictriunt,  so ;  tliat  is  s.ll  )ou  have  to  do  now. 

Itiif.  My  innocence,  is  my  great  comfort 
under  the  (iod  of  heawm,  who  know.:  they 
have  laid  to  my  chan^o  thing*,  that  1  know  not. 
1  do  protest  my  abhoiTcnce  of  these  things  al- 
ledge<l  to  be  said  by  me  against  my  sovereign, 
whom  I  honour  iii  my  heart,  and*  daily  pray 
for ;  I  bless  m  v  Goil  for  it. 

JwHt.  HoL  I  hope  then  your  innocence  will 
Ci ear  you.  l>ut  we  have*  nothing  to  do  no%v 
Init  ti»  take  yonr  answer  to  this  question,  whe- 
ther you  are  guilty  or  not  giilty,  of  what  you 
stand  indi<-tr-d  fcirV 

jRoA.  I  liuinUy  vmvt:  your  lordship's  pa- 
tienc*'  a  little.    !*ray.  my  lord,  give  ir.e  leave — 

Just.  IJui.  Sir.  you  will  bj  lieaid  whatever 
you  have  to  say,  at  the  tim*?  of  your  trial. 

Rox.  Pmy  lu'ar  nie  a  few  wonU,  my  lord  ;  1 
wouUl  not  tiWpass  upon  your  j.alicnce*;  1  have 
hut  a  few  words  to  suy. 

Just.  Walcat.  You  must  plead, guilty,  or  not 
guilty,  lirst. 

RiKs,   My  lord,  I  bc:$eecli  you 

Just.  Hot.   Sir,  we  cannot  hear  you  in  a  case 
of  so  great  weight  and  moment  as  this,  till  you  | 
have  pleaded.     Vou  will  have  time  enough  at ! 
your  trial  to  mnkeyour  defence;  and   all  we' 
can  do  now  is  to  taiie  vcur  pteu  of  guilty  ornot 
guilty. 

Ro$.  ]\Iay  it  please  your  honours,  you  arc 
sensible  of  iny  giinit  weakness  and  ignorance  in 
matter  of  law,  and  things  (»f  this  nature ;  I  ! 
therefore  Immbiy  beg  I  may  have  counsel  to  . 
assist  me  in  this  bu^inr.NS.  | 

Just.  Walcot.  If  there  beany  tbingof  matter  ! 
of  law  doth  arise  upon  your*  tiial,  the  court 
will  assign  yon  counsel. 

Just.  Jiol.  We  eanno!  asMgn  you  coun«;fl  at 

fircsent,  for  we  ha^  e  nothing  to  assign  it  upon, 
f  there  do  any  question  of  law  arise  in  your 
case,  thenthecourt  will  (as  they  are  bound  to 
do)  take  care  of  jou,  that  you  siitrer  no  preju- 
dice tor  want  of  ihe  a*»ista*nct^  of  counsel ;  and 
in  matters  of  fact  upon  your  trial,  the  court 
are  of  counsel  tor  ^  uu. 


I5SJ 


STATE  TRIALS,  36  Charles  II.  l6S4^or  Hi/^  Treas&n. 


[154 


Jmtice  Highway.  Wiial  time  would  you 
bare,  >Ir.  Attornev  7  When  can  you  be  ready, 
Mr.  Ruscwell  ? 

RMewcfL  !  dpsire,  my  lord,  it  may  he  on 
tbe  Idth  of  November. 

Just  HoiiauiaM.  What  day  of  the  week 
iitfaat  ? - M r.  clerk,  U|>oo  WVdnesilay . 

JiBt.  Holiomay.  Are  theru  no  ar^^umciits 
apMinted  for  that  ilay  ? 

tkrk.  There  is  a  jury  of  Northam[)t(iDiibire 
he  that  day. 

Jodt.  HMowtijf.  Tlien  it  cannot  l>e  t!)at  Jay. 

Rotewe/L  Then,  if  it  pte&se  your  honour^s,'  I 

me  it  may  be  tlic  next  day  ;   uj>oii  Thurs- 


Att.  Gen,  When  it  is  mojit  convenient  for 
tbebasiness  of  the  court. 

JmL  HoUotiay,  8ir  Samuol,  yon  will  see 
when  it  wilt  be  most  convenient' at  tiic  return 
of  tbe  Venire 

CL  of  Cr.  Must  I  return  it  ? 

Ait^Gen.  No;  the  shrritf  miMt :  ami  the 
eoonie  is  to  make  it  returnable  tlie  same  day 
tbt cause  is  tried. 

RofeteelL  My  lonl,  I  hambly  desire  I  may 
hire  eounitel  allowed  to  come  to*  me. 

Alt,  Gen.  You  can  have  no  counsel  allowed 

BaeKtlL  uly  lord,  I  request  that  my 
friends  may  be  alIo\v«Hl  to  come  to  nie  in  the 
nieui  time';  I  have  been  a  prisoner  above  tliis 
month,  and  not  penuitted  to  see  my  friends, 
nor  they  to  see  me. 

JiiA  Hoi/oieuy.    What  friends  would  you 

have? — hustwelf.  My  relations. 

Jost.  Wate&i.  ThatHations  is  a  larjare  word. 

.Att,  Gen.  Trtdy,  t^r,  I  think  he  may  have 

liberty  lo  discourse  uith  any  person  in  the  pre- 

lieoce  of  the  keeper,  I   shall  not   oppose  that. 

RosattU.  Yes,  uiy  lord,  1  desire  uo  other- 

wise. 

JnsL  Walcdt*  Who  do  you  name  to  come  to 
you? 

RnaceU.  I  have  poor  children,  that  desire 
sad  lun^  to  see  me. 

Jost.  Hoilouay,  Who  do  you  say,  you  would 
ba«e  come  lo  vuu  ? 

R-MTureil.  Ay  wife  and  chihlrrn,  my  lord, 
rtm  are  my  bowels. 

Ait.  Oeii.  In  the  presence  of  the  keeper  1 
casDOt  oppose  it. 

Raseaetl.  Will  your  lordships  please  to  al- 
fow  counsel  to  come  to  me  ? 

Just.  HoUowaif,  We  cannot  do  it  by  law. 
The  court  is  to  be  of  i*ounsel  lor  you  when 
yea  come  to  your  trial.  The  court  will  not 
■iffer  any  thui^  to  bu  done  to  your  prejndiuc 
■gainst  law. 

Rotttcell.  Is  there  any  statute,  my  lord, 
that  forbids  the  j^vincf  ol'  counsel  ? 

Jufcl.  HolloKtiif.  The  law  forbids  the  al- 
bwiD^  of  ooumiel  in  capital  causes :  unless 
where  mrtter  of  lawdotli  arise. 

Roseveii.  My  lord,  as  I  remember,  Fitz- 
karris  had  counsel  allowed  him. 

Jvst.  HolUmay.  That  Mas  in  a  different 
rase,  in  a  matter  where  there  were  special 
pleadings  ;  this  is  a  general  issue. 


Att,  Gen.  That  was  in  a  mattet  of  law, 
that  was  insisted  upon,  but  it  \s  not  so  here  ; 
if  this  gentleman  had  any  matter  of  law  to 
ph*ad,  he  should  have  counsel  assigned  him 
too.  But,  Sir,  I  think  Tuesday  thr  18th  of 
November  will  be  the  frecsit  and  most  conve- 
nient day. 

Just.  Uolhmay.  Let  it  be  that  day  then. 

C7.  of  Cr.  The  18th  of  November  is  the 
day  of  your  trial. 

Roseu  eii.  But  my  loni,  was  not  comisel  al- 
lowed him  before  his  trial  camp  <m  ? 

Just.  Ilollozcuy.  Yes :  but  that  was  upon 
a  special  plea,  of  a  matter  in  law. 

Roseuell.  I  hope  you  wiil  ccmsidcr  my  case 
as  of  one  that  knous*i)otthi>  law. 

Ct.  qfCr.  Tuesday  the  18th  of  November  is 
the  day. 

Roxeiceii.  My  lord,  1  humbly  reauest  the  (a- 
vour  that  any  penwn  that  c*au  speak  of  my  in- 
tegrity, may  i-oiiie  and  testify  tor  me. 

Att.  Gen.  Ay.  ay;  you  may  havesuhpd*nas 
out  of  the  othco  tor  any  l»ody  who  yon  will, 
tliut  are  to  be  witnesses  for  yuii. 

Just.  Wtdcot  The  officers  of  the  eo'irt  will 
do  all  things  that  are  rt^fpiisite  and  legal  for 
y.iu. 

J  list.  Hofhtiay.  Then  take  hack  yomr  pri- 
soner, Kieppr. 

An.  Ocn.  J  do  not  know  tmly,  whether  the 
practice  of  tho  court  is  ,iot  to  commit  to  the 
^urslihlsea,  being  tht'  prison  uf  the  county  ot* 
Sui  rey 

CL  of  Cr.  Sir,  it  niav  he  one  or  the  oither 
w:i^.  as  the  cour:  thintis  tit.  As  long  as  the 
iimg'-^-b^neh  sits  in  MiddleMX,  lie  may  be  pri- 
soner stid  in  the  Gau'- house. 

Kftptr,  Then  llicruleof  the  court  is  thai 
he  siiuil  cninc  again  tlien. 

(.'/.  of  Cr.  \eH.  he  is,  by  rule,  to  appear 
beretiie  I8thof  Novemlicr  next. 

\\  h<M'cuiK>ii  he  was  carried  back  to  the  Gate- 
house. 


Die  Mortis^  Aw.  18,  1084. 

This  day  the  prisoner  was  brou:r|it,  w  rule, 
frtmi  tJM'  Gate- house  to  the  l»ar  of  the  King's, 
bench  conn  to  his  trial,  at  which  all  the  judges 
of  the  said  court  were  present. 

C7.  ()/'  Cr.  Thomas  lt<  sewell,  bold  op  thy 
hand.  [Which  he  did.]  Those  men  that 
thou  shait  hear  called,  and  do  personally  ap- 
pear, are  to  pass  between  our  sovereign  lord 
and  thee,  upon  tlie  trial  of  thy  life  and  thy 
death  :  If  therefore  thou  will  challenge  them, 
or  any  of  them,  thou  art  to  speak  unto  them 
as  they  come  to  the  hook  to  be  sworn.  Sir 
Gpnr<;t;  Sheeres,  baronet. 

Rosetcell.  My  lord,  I  would  humbly  crave 
the  favour  of  your  kmlship,  that  I  may  hare 
the  use  of  pen,  and  ink. 

L,  C.  J.  r8h-  G.  Jeffreys.)  Ay,  in  God's 
name  let  him  liave  pen  and  ink. 

CL  of  Cr,  Swear  sir  George  Sheeres,  hart. 

Roseweli.  I  beg  I  may  have  pen,  ink  and 
paper,  before  he  be  swum. 


155]     STATE  TRIALS,  36  Charles  11.  l6S4,.—TYial  of  Thcnm  Ram»th 


L.  C.  J,  Ay,  let  him. 

Crier.  Look  upon  the  prisgner.  Sir,  you 
shall  well  and  truly  try,  and  true  deliverance 
make  between  our  sovereigfn  lord  the  kinfi^,  and 
the  prisoner  at  the  bar,  whom  you  shall  have 
in  charge  ;  and  a  true  f  erdict  gi?e  according 
to  your  evidence.  So  help  you  God.  {Jurat* 
Sir  George  Sheeres.] 

HosewelL  My  lord,  I  challenge  him. 

L.  C.  J.  That  you  cannot  do  now  he  is 
sworn. 

RosewclL  I  was  surprised,  my  lord  ;  I  did 
not  know  it. 

X.  C.  J,  I  cannot  help  it,  Mr.  Rosewell, 
you  m  ust  mind  your  business.  We  cannot  im- 
swear  him  again.     Go  on. 

CI.  qfCr.  Sir  St.  John  Broderick. 

Crier.  Look  upon  the  prisoner,  Sir  ;  You 
aball  well,  Aec.     Jurat'  Sir  St.  John  Broderick. 

RosezoeiL  I  challenge  him. 

X.  C.  J.  You  cannot,  Sir ;  he  is  sworn 
now. 

Rotewell.  I  beg  your  lordship's  pardon ;  I 
was  surprized. 

,  JL  C.  J.  Let  us  not  spend  time  in  such  talk 
as  is  to  no  purpose  ;  I  tell  you  we  cannot  un- 
swear  him. 

RotewclL  I  desire,  my  lord,  my  challenge 
may  be  received,  I  was  going  to  speak — 

jL.  C.  J.  It  cannot  be  afler  he  is  sworn  ;  we 
cannot  make  a  new  law  for  you.  Mind  what 
was  said  to  you ;  if  you  have  a  mind  to  chal- 
lenge any  body,  you  must  challenge  them  be- 
Ibre  they  come  to  be  sworn. 

CL  o/Cr.  Sir  Robert  Knigbtley. 

L.  C,J.  Mind  the  thing  you  are  about,  man : 
apeak  now,  if  you  have  a  mind  to  challenge 
hjm. 

Ros.  I  do  not  challenge  him. 

CL  qfCr.  Then  swear  him. 

Crier.  Look  upon  the  prisoner,  &c.  [Jurat' 
sir  Robert  Kniglitley.] 

L.  C.  J,  Pray  now  mind  the  thing  you  are 
about ;  you  are  lofking  about  you  ior  some 
private  mark,  or  bint  to  be  given  you  by  some 
body,  and  so  lose  your  time  of  challenging. 
You  must  challenge  them  as  they  come  to  the 
book  to  be  sworn,  and  before  they  are  sworn. 

Ros.  I  beg  your  lordship's  pardon  ;  I  was 
minding  to  set  down  the  names  in  my  paner, 
because  I  am  to  take  notice  of  those  I  cnal- 
lenge  for  their  number. 

£.  C.  J.  You  shall  have  all  the  fair  advan- 
tages that  the  law  will  ^low  ;  you  shall  have 
your  full  number  to  challenge,  which  you 
may  do  peremptorily,  and  without  cause  as 
to  35  ;  and  as  many  more  as  you  can  with 
cause. 

Ros.  Is  there  any  one  to  note  the  number  ? 

L.  C.  /.  There  shall  be  sure  to  be  notice 
taken  that  you  be  not  surprized  that  way.  You 
shall  have  all  fair  advantages,  I  tell  you. 

Ros.  I  humbly  thank  your  lordship. 

CL  o/Cr.  Sir  William  £lliot. 

Crier.  Look  upon  the  prisouer. 

Hot.  I  chalkngehim. 

CI.  tjfCr.  Sir  Oeorft  Wwdroofe. 


Ros.  I  chall^gehim. 

CL  ofCr,  Sir  Cornwall  Bradshaw 

Ros.  I  challenge  him. 

CL  ofCr.  Sir  Thomas  Bladwdrth. 

Ros.  I  challenge  him. 

CL  ofCr.  Antnouy  Thomas,  esq. 

Critr.  Look  upon  the  prisoner. 

Ros,  I  do  not  challenge  him. 

Crier.  You  shall  well  and  truly,  &• 
Anthony  Thomas.] 

CL  ^Cr.  Francis  Brend,  esq. 

Rm.  I  challenge  him. 

CL  ofCr.  James  Reading,  esq. 

Ros.  Is  it  Mr.  Justice  Reading  • 
wark  ? 

X.  C  J.  Do  you  challenge  him  or 
may  if  you  will. 

Jutt.  yiy  lord,  my  reason  is,  I  ha 
imich  of  him,  but  never  had  an  oppc 
know  him   till  now.    I  have  no 
against  him. 

X.  C.  J.  Then  swear  him. 

CL  ofCr.  Thomas  Newton,  esq. 

RoS'  I  challenge  him. 

CL  f^Cr.  Thomas  Vincent,  esq. 

Ros.  I  challenge  him. 

CL  ofCr.  Ambrose  Muschamp,  es 

Ros.  I  challenge  him. 

CL  of  Cr.  Ralph  Freeman,  esq. 

Ros.  1  challenge  him. 

CL  ofCr.  Joseph  Reeves,  esq. 

Ros.  I  challenge  him. 

CL  of  Cr.  AnUiony  Rawlins,  esq. 

Ros.   I  do  not  challenge  him. 
sworn.] 

CL^Cr.  Thomas  Overman,  esq. 

Ros.  1  have  no  exception  against  h 
was  sworn.] 

CL  of  Cr.  George  Meggot,  esq. 

Ros,  1  challenge  him. 

X.  C.  J.  Crier,  Be  sore  you  bid  t 
upon  the  prisoner,  and  the  prisoner  i 
them,  that  he  may  see  what  he  does. 

Crier.  1  do  so,  my  lord. 

CL  of  Cr.  Samuel  Lewin,  esq. 

Ros.  I  have  nothing  to  say  aga 
[He  was  sworn.] 

CL  ofCr.  Lawrence  Marsh,  esq. 

Roi.  My  lord,  I  desire  to  know  1 
I  have  challenged. 

X.  €.  J.  He  shall  tell  you.    Coui 

CL  ofCr.  Twelve.  Wiiat  say  y( 
Marsh  ? — Ros.  I  challenge  him. 

C/.  of  Cr.  Ambrose  Brown,  esq. 

Ros.  I  challenge  him. 

CL  ofCr.  John  Halsey,  esq. 

Ros.  1  challenge  him. 

CL  qfCr.  John  Awburn,  esq. 

Ros.  1  challenge  htm. 

CL  ofCr.  Heury  Flood,  esq. 

Ros.  1  challenge  him. 

CL  ofCr.  John  Parsons,  esq. 

Ros.  1  challenge  him. 

CL  of  Cr.  John  Petty  ward,  esq. 

*  See  a  Note  to  the  Case  ot*Don 
Sa,  vol.  Ik,  p.  46a. 


STATE  TRIALS,  36  Charles 

0  not  challeDge  bim.     [He  was 

Ricfaard  Coldbaro,  esq. 
»  not   challenge  him.     [He  \vbm 

Robert  Sanders,  esq. 
allenge  him. 

John  Heatlier,  esq. 
b  not  challenge  him.    [He  was 

John  Austin,  esq. 
f.  Sir,  doth  this  make  twelve  if  he 
■CLrfCr.  Yes,  Sir. 
n  I  do  not  challenge  him.  [He  was 

Crier,  coant  these.    Sir  George 

«,«&<;.  ^ 

John  Austin. 
relre.  Good  men  and  true,  stand 
hear  your  evidence, 
re  ftworu  were  these  :  Sir  Gcot^ 
St.  John  Rrodcrick,  sir  Robert 
inthoDV  Thomas.  James  Rcailing, 
wlins,  Yhomas  Overman,  Samuel 
B  Pcttywani,  Richard  Coldham, 
9*,  and  iFohn  Austin. 

llionias  Roscwell,  hold  up  thy 
eh  he  did.]  Gentlemen,  you  of  the 

Bm  the  prisoner,  and  hearken  to 
e  stands  indicted  by  the  name  of 
■evrell,  &c.  (Proiit)  in  the  indict- 
&  mutandis. — Upon  this  Indict- 
fc  been  arraigned,  and  thereunto 
Iwl  Guilty  ;  and  for  his  trial  hath 
'ipso  God  and  his  country,  which 

1  mfe.  Your  charge  is  to  enquire 
be  Guilty  of  this  high  treason,  in 
fcrm  as  he  stands  indicted,  or  not 
you  find  hini  guilty,  you  are  to 

t  gnods  or  chattels,  lands  or  tenc- 
■d  at  the  time  of  the  high  treason 
or  at  any  time  since,  to  your  know- 
'ou  find  him  not  guilty^  you  are  to 
!thitr  he  fled  tor  it ;  if  you  find  that 
il,  you  are  to  enquire*of  his  ijfoods 

tsif  you  had  found  him  guilty.  | 
him  not  Guilty,  and  that  he  did  not ' 
a  are  to  say  so,  and  no  more,  and 

evidence.      Crier,   make  procla- 

I  yes,  O  yes,  O  yes !  If  any  one 
Kj  lords  the  king's  justices,  the  \ 
nt,  tlif  kinir's  attorney -general,  or  | 
I  Boir  taken,  of  the   high-tnrason 
i  prisoner  at  the  bar  stands  indicted, 
■e  fbilb,  and  they  shall  hv  hcn&rd  : 
■firot'  persons  that  arc  bound  to 
M  en  tne  behalf  of  our  sovereign  ' 
If  IfMHt  the  prison«'r  at  the  liar,  ; 
Mefcrth  and  give  their  evidenre  ; 
ifriMBSr  atands  at  the  bar  uiM>n  his 
t:  er  thej   forfeit   their  rccogni-  j 

Ibf  it  please  your   lordship, 
mefiliejur}' 


II.  1684.-/W  High  Treason.  [  158 

Rot,  Hold  !  Hold !  I  crave  the  favour  that 
the  Indictment  may  be  read  in  Latin. 

L.  C.  J,  Ay,  with  all  my  heart,  let  it  be 
read  in  I^tin.  [Which  was  done.] 

Ros,  My  lord,  I  humbly  crave  leave  to  speak 
a  word  or  two. 

L.  C.  J.  What  would  you  have  ? 

R(}s.  I  beg  your  patience  for  a  word  or  two. 
I  find,  my  lord,  as  1  told  my  lords  upon  the 
day  of  my  arraignment,  that  my  charge  is 
ver^  black  and  nigh  :  and  truly  if  I  were 
guilty  of  those  things  that  are  laid  to  my 
charge 

L.  C.  J.  You  are  now  going  to  be  tried  for 
them.     I  hope  you  are  innocent. 

Ros.  I  humbly  thank  your  lordship  :  1  beg 
you  would  hear  me  but  a  wonl  or  two. 

L.  C  J.  You  must  keep  up  the  method  of 
proceedings,  your  time  is  not  yet  come.  What 
IS  it  you  would  have  ? 

Rm,  My  lord,  my  soul  abhors  these  things, 
I  thank  my  God  for  it.  I  was  going  to  speak 
to  your  lordship,  to  know  whether  the  words 
of  a  natural  or  a  mad -man  be  treason  in  law. 

L.  C.  J.  No. 

Ros,  Tlien,  my  lord,  the  ground  of  the 
question  is  this,  I  find  by  recollection  and  con- 
sideration of  the  words  laid  to  my  charge,  that 
mv  malicious  enemies  have  accused  me  of 
what  any  man  in  his  senses — 

L.  C.  J.  This  is  not  proper,  Mr.  Rosewell, 
at  this  time  ;  for  this  is  but  an  anticipation. 
Vou  must  hear  what  is  first  proved  against 
you.  We  must  keep  up  to  the  forms  ot  law, 
you  shall  have  your  full  time  to  be  heard  what- 
soever you  will  say  for  yourself ;  but  jou  must 
not  anticipate  the  cause  with  previous  dis- 
courses. 

Ros,  I  would  only  assert  my  own  inno- 
cency. 

L,  C.  J.  Not  yet ;  vou  must  not  do  it,  nor 
you  shall  not  do*  it.  XVhen  it  comes  to  your 
turn  to  speak,  you  shall  have  liberty  enough  t> 
make  your  defence  as  long  as  you  will.  Go 
on.  Sir. 

Mr.  Phipps.  May  it  please  your  lordship, 
and  you  gfentlemen  that  arc  sworn :  the  pri- 
soner at  the  bar,  Thomas  Rosewell,  stands  in- 
dicteil,  That  he,  as  a  false  traitor,  not  having 
the  fear  of  God  before  his  eyes,  but  being 
Tuovol  and  siduced  by  the  instigation  of  the 
devil,  and  endeavouring  to  disturb  the  peace 
and  tranquillity  of  the  kingdom,  and  to  depose 
the  king,  the  Mth  of  Soptenil>er  in  the  :)6tli 
year  of  this  king,  at  tho  parish  of  Rotlierith, 
ni  vour  county,  did  falsly,  innlitMOUsly,  and 
trarierously,  purpose  and  imagine- 1(»  raise  a 
ro1>e1lion  \«itliin  the  kingdom,  ar.d  to  deprive 
the  king,  and  depose,  and  put  him  tfiiVath  and 
destruction,  andtli«^  govcrnm«-nL  to  i-l  ange  and 
ullrr,  and  to  lr\y  war  a<r;iiiist  the  kmg  v  itiiin 
the  kingdom  :  and  tlirsc  wicked  purposes  to 
bring  to  pass,  be  tb(!  said  Tlioii-as  Uoseiiell, 
the  said  Mlh  of  StpteinlxT  in  the  ^Gtli  vear 
af'iresuid,  at  the  plsur aioii^said,  fidslv,  unla\i- 
fully,  ntidicimisly,  .•irdiiiously  and  traitcrousiy. 
in  a  ccrtaiu  unlawful  assembly,  th«n  and  there 


159]     STATE  TRIALS,  36  Charles  II.  1 684.— Ti  /a/  of  Thoma$  Itantcell,     f  1( 

And  ^'011,  Gentlemen  of  the  Jury,  I  must  ti 
yrm,  it"  any  "iic  \vhis|»er  anv  of  von,  yon  ou^ 
to  ac<|!iaiiit  the  court  with  it.  It  is  your  dir 
to  be  dircrted  by  the  court,  and  the  evidenc 


congre^tcd,  did  say  and  declare,  '  The  people  : 
'  make  a  flockingf  to  the  kin^,  upon  pretence 

*  cf  healing  the  kiu;;'s  evil,  nhich  he  cnnnoi  ' 

*  do  ;  but  we  are  they  to  whom  llicy  ought  to  | 
'  flock  :  for  »e  are  [)*nests,  and  prophetK,  that  . 

*  can  heal  their  i;riv\anees.  We  have  now  | 
'  had  two  wicked  kings  together,  who  have  . 

*  permitted  f)opery  to  come  in  under  their  ] 
*•  noses  ;  and  wlioin  uo  can  compare  to  none  . 
'  buttlic  n'.ust  \su-k(.d  Jeroboam.  But  it'  th(*\  ! 
■  would  stand  to  their  piinciplcs,   he  did  not  ' 

*  dou!»t,  but  they  shnuid  ovenonit  their  ene-  i 
'  mies,  as  in  loriJier  times,  wiiu  rani's- lion>«,  | 
'  broken  pUiUtTs,  and  a  stoue  in  a  slin;;.'     And  . 
this  is  laid  t(»  he  atrainst  the  duty  of  h;s  aile^jri-  . 
ance,  at^ainst  ih:j  peace  of  t-ie  kini;^,  hi^  rrown  j 
and  dii^nity  ;  a:.'J  aia^dnsl  tiu'  iorni  of  the  sta-  ; 
tute  in  that  case-  made  and  providv.rl.    •!'(»  this 
indictment  he  has  pleade<l  not  cruilty :  if  we 
pro\e  him  guilty  of  this  matter,  yon  are  to  iind 
him  guilty. 

Att.  (Jtn.  May  it  please  your  lordship,  and 
yon  gLUtlomen  of  the  jnry  ;  these  traitenuis 
wonis,  that  the  prijionerat  the  liiir  is  aceuse<l 
of,  wen*  s{>oken  of  in  a  S*»rmon,*  or  nn-aeh- 
luenl  at  a  conventicle.  And  though  the  gen- 
Ueman  doe^i  preteiul  to  much  iimoceney  ;  yet 
vou  v^ill  find,  that  in  open  defiance  of  tlie  law, 
ue  takes  ufion  him  to  preach  avfainst  the  law, 
Dot  only  of  the  land,  but  even  against  the  laws 
of  Aloiighty  God :  for  he  takes  upim  him  to 
be  a  pn^acher  agsunsta  rule,  than  w  hich  nothing 
is  more  plain  m  all  the  Word  of  God,  \i'Z. 

*  That  he  should  not  speak  evil  of  dignities, 

*  nor    revile   the  prince  of  hivS  people.'     I2e 
kno\«s  this  1o  Le  the  niU-  of  tin.'  Seripture  :  and 
yci  in  his  constant  discour^A,  (as   \\v.  sliull 
provi')  hf  makes  it  his  practice  to  re\i!t'   the 
governmenl  on  all  sides.     And  Ly  these  doings  , 
at  this  day,  g'-ntlemen,  you  will  easil\  undci'-  i 
stand  what  the  designs  of  thv^e  conVenlJcIi.'s 
are  ;  only  to  Uiirst^  up  jieope  m  sedition,  and 
trriu  tiiciu  up  to  rebellion  ;  that  they  m»y  bi.>  ; 
rt*udy  lo  break  out  mto  it  wijcii   thei:"  teaeliers  ' 
advi.se  them  to  it.     We  shall  tal'i  nur  w  ii  t-ss**.--,  | 
ami  prove  to  \  on,  that  thi:>  is,  and  has  been  the  , 
eon -slant  U:  nor  i>f  his  discoursr,  \'\z,  Rrvilii.g  ■ 
uf  the  governmenl  ;  and  theu-   is  almost  nn 
text  uf  Scr:ptuie  but,  i:j  his  Ma^>  of  p<-rvertiiig 
it,  heha.s  tmued  agauist  the  QfoviTiimciit.     \\  e 
shall  shew  this  to  he  I'le  haliitnal  eonrsi-  and 
practiiuot  him  \ili(;  ).;e:i:id«  \}  !>(.'  so  |j(»:icst 
and  M>  iunuei'iil  a  njuu.     Crier,  call   Kii/.ahetli  , 
Smith,-*-— liiltoii   ai:d  r'arrar. 

Then  somr  ol  ilir  ;,ounM'i  at  th«»bar,  being 
talking  am<injr   thrmseUcN,    the  Loui  Chxf; 
Justice  repro>e<l    lo-m  for  it. 

L.C.J.  is*u.\.  ;,ou,  guiilencn,  you  must 
not  have     i:jterlocuti0iis    among    vom'.se1ves. 


•  See  .something  concerning  u  Surmoij  m.'iug 
an  u\i-iia(-i  of  treascii  in  the  ar^nmei)*«  etm- 
ccruiug  liii'  exammation  o;'  iiai^i;-!  i^tuart, 
when  lie  was  for  the.  third  tinji*  pp/iniiMHi,  as  a 
witne.vs  tor  the  prisoner  in  Hardy's  Case,  a.o. 
1704,  in  this  Coil'jctiou. 

2  ' 


Ht  re  is  a  man's  life  in  question,  and  that  i.s 
^^-.'V  wei:ihty  thing :  anci  vou  must  not  ta) 
an>  p'.hafo  rnsi nnal ion s,  (mt  only  hearken  i 
\oiir»'\idenre,  and  mind  what  is'^spoken  pul 
iiely,  iliat  the  prisoner  may  be  able  to  gite  ar 
swt-rtoit. 

Jtos.  r  humbly  thank  your  lordship. 

Att.  Ofu.  will  re  are  .Mi's.  Hilton  and  Mrs 
Smith  ?  [Th:  y  wi  re  all  sworn.] 

Hvs.  1  do  humbly  nqne&i  one  favour  of  tlH 
court. 

J..  C.J.  WWdi  wniiM  you  have  ? 

Hns,  I  huu.'jiy  i'-.ig  they  may  l)c  cxaroind 
scparatit/f. 

/,.  C.  J.  They  shpll. 

Ron.  I  lippi'dy  tliank  vour  lord.«:hip, 

Js.  C.  J.  1*1  ho  do  \ou  6egin  withal,  3Ir.  At- 
torney ;* 

IVIr .  Ji}7ics.  My  lord,  we  shal  I  begin  with  Mrs. 
Smiih. 

L.  C.  J.  Then  you  must  make  way,  thit 
the  other  u  itnesscs  inay  go  out  of  hearing.  Yoa 
Crier,  make  wayfortfiem  ;  and  see  IhattbeT 
be  .sit  w  he  re  tliey  may  not  hear.  [Whica 
was  donj'.] 

Att.  Gen.  Come,  Mrs.  Smith,  pray  giri 
my  h>  d  and  the  jnry  nn  account  wheilicrm 
ha>e  been  at  any  nutting,  uhere  this  geatle- 
man  has  been  ?  Whether  you  know  him  Pui 
\\  hat  you  heard  of  him  ?  ' 

Suhth.  I  heard  him  say  this 

X.  ('.  J.  llnhl  u  littlf. 'What  is  thiswomiB*! 
name.  F.l:/.a!u'ih  Smith  ? 

Att.  iji  Ii.  \c<,  my  lord.  Were  you  by  it 
any  of  his  ron^ » nticli  s  ? 

S.'i.iih.  Sir,  I  have  lK*en  ever  since  the  Mlb 
of  J'lly.  uiitil  that  day  for  which  he  was  takes, 
but  onv  Sunday. 

Att.  (.ioi.  Gi\e  my  lord  an  account  of  what 
yon  heanl. — SfHith.  '^  es,  Sii . 

i..  (.'.  J:  \\  hi  re  v\  as  it  that  his  meeting-howe 
w  as  ? 

Sfhif/i.  \  \v.  \i:\t\  ;,everal  housc?s,  private housei, 
a.jd  a  pub.ir  ho-.-ji-  «ff 'lis  own. 

L.  C.  J.  ^Vhere?  In  what  place  ? 

S/iUf'i.  In  .Salisiimy-sticet,  r.ear  his  wn 
dwollinij. 

/..  r.J.  Wl.cic    isth.M? 

S:,  iff),  hi  iivili  -rliilh. 

J .  C  J  \'n\  w»iv  fiequently  there  yot 
S.1J  ? — .N/j.ii*/.   ^  t?s,  ni\  Kii'l. 

L.  C,  J  V.  hi  I  '..m.'.jir  of  people  might  be 
there,  as  yon  i^ik'ss  '/ 

S/i:ii.'!.^\  bt'lie.i  .In  :♦  n.lglu  i,e  100  people, 
or .'.(;(;  ronMn:)nl\ . 

J..  ('.  J.  V»  liSi  .s'.it  ofpet;*'.!  w»  re  they  ? 

S/iuift.  Men  aiiii  \M»mei>,  Iioum-- keepers. 

J..  (.'. ,/.  W  oil,  wh  It  ditl  yiii  I:r.ir  him  sayi 

*N '///(.  I.  i  ea;:  tfive  \oi:  an  account  of  hi 
>.orni(.ns  s  •;«  it:!  «la\s. 

i..  C.  J.    Im»  so. 

^ithtt/i.  The  fiisl  ns'tioe  thai  1  i'K>k  ofani 
thin;^   co:iCi;iniiig  tlic  go»iimueLt,  was  upui 


I]  STATE  TRIALS,  3(7  Cm  ah  i>is  II.  \  eu.-^for  High  Treason, 


I  of  AngiKI,  uui  diAt  )irai  coDc«mitigf 

giesty  ;  aod  then  m  liis  prayer  aft«r  scr- 
e  wisbed  h^  ml^t  not  u^trnd  God  in 
frtvitii^  Ibr  the  kinK* ;  but  that  it  might  |>lease 
^  to  opea  kig  eyes,  and  ibe  times  nii^t 

GrJi.  WbAl  otber  iliioffa    have   tou 

I/'  f  time  th«it  T  hesrd  bini  was 

Ineiii...^,.-,     _^^^  ^h'«  fltat  was  m  W«t- 
ltM«  in  »  bouie  ii>  Iscu  hf  tva^  sj-i^uk- 

dom  and  ^  ,  u^  and  he  hrou^tit 

of,   not  (iouhtiti^  bat  if  there  bad 
^hleous  p«TKan«»,  tUc?  city  had  not  been 
but    he  1 1  id    not    Dican    rcoor* 
rlorrl-TTTftyors. 
m,  >v  vra«  that,  mistress  ? 

\\  til,   uhat  did  you   heir   him 

I  the  dnv  in  tlie  indictment,  the  14th 

n\»er'f 

Ho  a»Ml,  *  The  people  made  a  flock- 

Iff..  I  .««  1,^  ^m^  ^^^  king**i  oTil,  wiiich 

fOOLi  but/ lavfi  he,  *  we  arc  I  hey 

>.k  uoiQ,  fur  wt;  ore  prieils  and 

^ttiaibyour   pr^^eri  can  cure  their 

lie  siid,  *  \Ve  have  now  bad 

jelced  kings  log:ether,  \vhicli  hu.ve  per- 

"■tf  j>ery  to  coiue  ja    under  tlieir  noses, 

I  he  compared  to  noibiriu;  but  to  most 

)cjx)boaiu>'     And   then   aftt-r  Ut*  had 

I  a  good  H'hile,  again  he  said,  v  Ifthey 

'  >0ijJd  fltand  ta  their  principles,  be  did  not  fear 

'btthrr  should  ovei-comc  their  eoeruieSf  as 

'it  former  timesi  with  broken  platters,  rams- 

"^  '  a  stone  in  a  sling.* 

When  \fa3  this? 

This  Mvm  upon  the  I4lh  of  September , 

ICX   Wlien&waait  ? 

imiiL    At  one   Caplaiii    Daniel    Weldy*£ 

ti  C.  X  What  is  he^  a  seaman  ? 

Y«i»   and  he  prayed  for  him,  being 

ea,  and  hia  son  boilii  who  was  if  I. 

How  many  do  you  think  might  be 

'  allbal  lime? 

There  wu<  a  low  paHour  full,  and  a 

^^  rxHtm  up  «ix  fteps ;  and  where  he  preached 

fOtie  |»aJr  of  ttairs^  there  waji  a  targe  room 


.C.J.  W 


,  J.  Where  did  he  slanil  ? 
imik.  In  the  door-case  of  that  room,  that 
iiiaand  lui^t  go  up  and  down. 
L  C  J.  flow  many  people  in  tiuinber  might 
'    f  be,  thifdc  you  f 

utL    I    cjuinot  tell  I  oiy  lord;    a  great 

.C*J.  How  tnaoy,  as  nigh  aa  jou  can 
lartliink? 
k^  Stjfenil  hondred«of  them. 
»J*  D<*  ^on  kuow  any  oftheiu  ?  Were 
"e  of  any  ijuality  ? 
t'es,  I  know  a  great  many  of  them  ; 
bea  are  in  the  court,  an^  about  the 

.  X  Wlia  itfood  at  the  door  ami  let  you 


[162 

Smith,  One  Mr.  Paul  8hed ;  and  he  was 
anirry  at  my  coming  with  pattens,  for  thej 
matte  an  impression  in  the  ground,  &nd  g'a?e 
notice  to  othen;,  that  tliere  waii  company  there  ; 
and  I  promised  him  I  would  come  no  more  with 
thetn.  ( 

Joat.  Wakot.  Waa  he  door*kee|tcr  ?  What 
ia  he  F 

Smith,  A  brasier,  I  think. 

Just.  HolloAtty.  Had  you  any  notice  of  & 
coorenticle  that  was  to  be  there  ?  * 

/.-  C.  J.  Ay ;  tell  us  how  you  came  thither  ? 

Jteccrder,  (8ir  Thomas  J enner.)  How  came 
you  to  6nd  it  out  that  there  was  a  meeting  at  ^ 
such  a  place  ? 

Smith.  At  first  1  found  it  by  dogfging  ol' 
pti-tiple  as  they  went  abng ;  and  afterwards, 
there  were  people  aet  commonly  at  a  place 
called  Cherry  garden  stairs  to  g-ive  notice  ;  and 
iometimes  1  naked  there,  atid  liometimes  I  went 
to  Mr.  i!(hed*^  house  to  cn4uirc. 

L.  C,  J.  Shed,  you  say,  was  preseut  there 
fheu  ?^ 

Smith,  Yes,  he  let  me  in. 

L.  C.  J,  What,  he  was  the  man  that  ma- 
naged the  conventicle.  He  was  clerk,  1  sup- 
pose ;  was  he  not  ? 

Smith.  I  never  he»rd  him  say  Amen  ;  but  I 
have  beard  him  expound  in  the  conventtde 
sometimes. 

L.C.J,  Ob,  he  was  a  journeyman  preacher^ 
it  seenii;. 

Recorder.     Pray  was  there    any  store  of  '  J 
Watermen  and  Seamen  there  ? 

Smithy  Yes,  abundance  from  Elotherhith,  or 
tliereabouts. 

X.  C.  X  Which  way  came  all  the  people 
that  were  there  ? 

Smith.  From  Depttbrd  and  Rotberhith,  and 
all  thereabouts. 

X.  C  X  Was  it  near  tlte  water-side  ? 

Smith,  Yes,  not  far  from  it- 

X.  C,  X  Well,  Mr.  Attorney,  have  you  any 
mare  questionii  to  ask  her  ? 

Alt.  Gen.  No,  1  think  not«  Mrs.  Smith, 
vou  have  heard  him,  you  say,  at  other  days  ; 
how  did  he  use  to  treat  the  govenunent  in  hit 
pi  eaciiiojr  at  other  times  ? 

Rqs.  My  lord,  1  boieech  your  lordships  to 
tell  me  whether  these  questions  are  proper  to 
be  put,  it  not  relating  to  the  matter  ttiat  1  am 
accuse'l  of? 

X.  C.  X  Yes,  ye^^  to  give  an  account  of 
the  disposition  of  your  uiind  ;  very  proper  as 
can  be. 

Rot,  Because  it  is  not  part  of  tny  charge^ 
and  I  cannot  be  prepared  to  anj;%ver  it. 

X.  C.  X  When  the  kiugr's  counsel  hargk 
done  with  her,  you  may  ask  her  any  questions  ; 
but  vou  must  let  them  go  on  first. 

Ait.  Gen,  My  lord,  it  is  charged  that  ha 
spoke  these  words  with  a  tmiterous,  malicious 
mind ;  and  what  better  evidence  of  such  u 
mind  than  his  usual  discourses  ? 

Smith.  The  31st  of  August^  I  heard  him 
preach  at  Patil  Shed's  house  ^  imd  there  he 
preached  Uiat  there  was  a  certaiti  great  man^U^a^ 

M 


J  63]     STATE  TRIALS,  3ff  Chables  II..1684.— Trtff/  of  TXomm  Romoeil,     [164 

testified  ;  but  <lo  not  preacfa  to  her.  It  n  dM 
your  work  to  catechise  the  witnesses,  that  is 
tlie  Uuty  of  the  ^urt,  and  we  shall,  no  doubt, 
take  care  to  do  our  duty.  And  I  will  tell  her, 
to  save  your  preachment,  she  is  in  the  presence 
of  theg^reot  God  of  heaicn  and  earth,  before 
whom  we  must  appear  at  the  gfreat  day  of 
judgment,  to  give  an  account  of  every  word 
we  speak.  And  you  are  under  an  oath,  and  if 
ill  case  you  tell  one  tittle  of  a  lye  in  your  testi-" 
mony  afr«unst  the  prisoner  at  the  bar,  who 
stands  now  to  be  tried  for  his  life,  it  will  be  jwt 
with  the  great  Gud  to  sink  3'ou  down  into  hdl- 
fire  immediately.  Tkieretbre,  1  require  yon, 
upon  your  oath,'  not  to -speak  one  word  bat 
what  IS  truth. 

Smiih.  My  lord,  I  assure  you,  I  will  rather 
say  less,  tlian  add  any  one  tittle. 

L.  C.  J.  Mr.  Rosewell,  ask  her  what  yon 
will,  but  do  not  give  yourself,  nor  us,  the 
trouble  of  a  preachment  to  teach  her  the  ohli* 
(pition  of  an  oath  ;  for  she  very  well  knowi, 
It  seems,  what  it  is,  and  says  she  will  rather 
s]>euk  less  than  more  than  the  truth. 

Rtt».    I  humbly  thank  your  lordsh^  fn 
what  you  have  said  to  her.  Mrs.  8mith,  vnf' 
was  you  at  Kothprhitli  the  14th  day  of  nh^ 
4cinlier  i* 

Smiih.  YeK,  that  1  was. 

Bo$,  Did  you  come  alone  P  or  whom  cadM 
with  you  ? 

Stmth.  Mrs.  Hilton  came  along  with  me,  ^ 
I  and  another  gentlewoman,  and  Mr.  Shed  let  us' 
in  all  together. 

Riis.  Who  is  th;it  Mi-s.  Hilton  ? 


lived  altlie  upper- end  of  Grace-church -street, 
about  tl;'-.  timi^  eiu;litcen  years  agonc ;  I  name 
no  body,  s»vs  fie,  yomlf  know  him  whom  1 
i.icaii  :  A.^ii  there  came  a  certain  poor  man  to 
liiu>  ;  lie  was  nut  a  |>oor  man  neither,  hut  a 
carpfntt'.r Ly  tmife,  cue  that  wrought  for  his 
living,  a  biiouring  man ;  and  told  that  great 
man,  if  he  \toiild  take  his  advice,  he  would  tell 
him  how  to  quench  the  fire,  but  he  pishetl  at 
it,  uiid  made  light  of  it,  and  would  not  take 
his  advice.  Which  if  it  had  not  been  tor  that 
grvat  man,  and  the  lonl  mayors  and  sheriffs 
that  have  been  since,  neither  tliat  fire  in  I^on- 
don,  nor  the  fire  at  Wapping,  nor  the  fire  at 
South wark,  had  gone  so  far  or  conic  to  what 
they  did. 

L,  C.  J.  There  wvlh  a  great  man  tlmt*  lived 
at  the  upper-end  of  Grace-church-strect ! 
Who  did  he  mean  by  that? 

RtconUr,  He  meant,  we  suppose,  sir  Tho- 
mas blood  worth,  that  was  lord-mayor  at  the 
lire-time. 

L,  C.  J.  He  did  not  live  there  then. 
Recorder.  It  seeius  he  said  so. 
Att,  Gen.  Pray  Mrs.  Smith,  let  me  ask  vou 
one  question.  How  fur  were  you  «jff  from  lum ; 
and  where  did  you  sit  this  14th  day  of  Sep- 
tember, when  you  heard  him  say  tliuse  words 
yeu  speak  of  1^ 

Smith,  I  sat  upon  the  bed,  and  he  was  stand- 
ing at  the  door. 

Ati.  Gai.  My  lord,  we  have  done  with  this 
witness  at  the  present. 

L.  C.J,  Now,  Mr.  Rosewell,  if  you  will, 
you  may  ask  her  \s  hat  questions  you  piea.se. 

Ron.  My  Itinl,  1  was  before  going  to  l»eg 
your  psirdon  for  uiy  weakness,  U*iiig  altogether 
unacc|uaiiited  vtitirtlicse  tlnng:^:  and  that  yon 
would  look  upon  niu  as  one  that  is  fRo/is  von- 
siliiy  and  puiuon  any  thing  that  coincN  from  me 
iiiil)ertineiitlv.  I  cannot  s]«eak  to  her  as  a 
lawyer  to  sift  her,  and  search  out  the  truth  ; 
will  your  lordship  givu  me  lca\e  to  i^pcak  to 
her  as  a  divine  ? 

L,  C.  J.  Ask  her  what  questions  you  will, 
hut  we  will  not  have  any  T>f  your  preiflchnients 
here.  You  must  consider  wheiT  you  arc,  }'on 
are  not  now  iu  your  pulpit,  but  at  the  liar  ;  I 
assure  you  wc  do  not  intend  to  make  a  ^n- 
venticle  of  the  King*s-hi:nch  court. 

iioi.  My  bird,  I  meant  only  to  endeavour  to 
convhice  her,  by  putting  some  questions  hkc  a 
divine,  to  her.     Fcir  1  pity  them  though  they 
envy  me ;  and  I  bless  my  God,  have  prnyetl 
for  them  many  times  since  my  iniprisoniricnt. 
X.  C.  J.  W^cll,  well ;  do  nut  btund  to  emu- 
mend  yourself  now,  this  is  not  your  time  of 
making  your  defence :   Only,  if 'you  vull  a^k 
this  witness  any  questions,  yuu  may. 
Ros.  You  are  uuder  an  oatli,  mistress. 
Umith.  1  am  so,  5Ir.  Rose%i  ell. 
Rits.  Are  you  sensible  what  an  oath  is,  and 
the  great  obligation  you  are  under  by  it  to  tea* 
tify  nothing  Gut  thetnith  ?  As  yon  will  answer 
it  10  the  great  God^-— 

L,  C.J.  Ijookyou,  Mr.  Bosewell,  ask  her 
any  questions  to  tne  buuncn  that  she  has  here 


Att.  Gen.  Vou  t^ill  see  her  by  and  by,  Mr. " 
liosewell. 
I      Ros.  Where  did  you  meet  together  ? 
!      Smith.  Mrs.  llilioii  lay  with   me  all  niglit, 
j  and  we  were  together  the  day  before. 

Rvs.  What  time  did  ^  (»u  come  thither,  pn^t 
misti-ess  i' 

S/HUfi.  I   eaine  thither  before  seven  oftbe. 
cloeU,  befoii^  y«iu  caiue.  Sir.  ' 

Rv:i.  And  rpray  wIiom;  house  catno  you  to 
at  KntherUiili  !' 

Smit/i.    We  m-e    inflirmctl  it  was  captain. 
WVldy's  heiiN,.. 
Ros.  .Alt  \*n\  Miiv  it  was  his  house  ? 
Snith.    \^  tiii-v   did  t<r11  u^,  it  was  cap 
Daniel  Uebiy>; 

lloi.  I  pniy,  inistn'.*;s-,  what  room  were  ym 
j  in  there  ;* 

Smith.  We  wcrt:  iipone  pair  of  stairs.  TbcMj 

I  i«  a  littlf    HMMH   v^e  couw  iit  sooner; 

I  utMf  in  iIk  ioiim  \%ith  iliebed  ;  and  thore 

'.  one  Mr.  Atkiiisim   thert>  thai  was  in 

:  iiig«  aiul  tb«Te  were  two  or  three  hoys  ot'  Hii 

\ntli  liim  thai  s:;t  upon  the  bed,  and  their  sbwl 

i  W4'i'c  pliieked  off,  that  they  miifht  not  dirt'lfci 

j  bed ;  and  1  gave  him  hisboy'.s  shoes  from  unlll^ 

tlic  bed.       ^  •* 

Ro$.  Prsiy  where  did  1  stand,  mistress,  il 

you  say  ?  '! 

Smith.  In  the  door-ea';e.  '  '^ 

L.  C.  J.  Wliat  boy  is  that  you  mak  of  ?*^' 

Smith.  Two  liovs  that  came  m  with  oitf 


ifiij  STATE  TaiALS,  36  Charles  II.  l6s^.—for  High  Treason, 

Sfr.  AtkioiOD;    bis  relgtiops,  I  auppose  the^' 


166 


Jbi.  Pc^v  how  did  Ihe  serrice  begin  P 

Smith.  Vou  took  your  text  out  of  the  '^  1st  of 
CwMii ;  tbal  was  tlie  eba|iter,  to  tlie  Ix^t  of 
■T  nBemUrance. 

'Rm.  Rut  I  ask  you,  3]istr€S!i,  how  did  the 
vSDihn^  the  sen-ice  bcg^n  ? 

L  C.  J.  You  mean  your  prayer,  you  do  not 
IK  to  call  it  service. 

&ulA.  You^ade  a  prayer. 

Rti.  Was  it  begun  with  a  chapter,  or  a 
Mb,  w  how? 

Smith.  There  was  no  psalro  ;  a  long*  prayer 
m  va4e,  an  voa  u«ed  to  do  formerly. 

Km.  How  loDH^  was  that  ? 

Smith.  It  was  always  ussed  to  be  about  three 
fuilss  of  an  hour  long. 

Mm.  IV as  there  aiiy  dia|»ter  read  ? 

Smith,    There  was  no  chapter  before  you 

CyMir  teiu,  as  1  heard,  and  I  was  tliere  lie- 

Jm.  Uuon  what  occasion  then  were  these 
viirii  apoLe,  if  there  was  no  chapter  resid  P 

&BiX«.  I  say   thci'C  was  none  till  you  took 
Jimtatf  andthen  you  spoke  thuje  words. 
Mm.  But  how  frame  thtisc  wonls  in  ? 
Smitk.  You  always  took  a  ivhole  chapter, 
aa4eipound«^all  along. 
Sol  a  I'Mi^  text  for  one  sermon,  miscri'ss. 
LC.  J.  Yes,  yes,  we  know  you  have  a  fine 


I'cii,  Mistress.  V\Mn  what  verse  of 
were  these  wonis  spoke,  about 
le  king  tu  cure  the  king's  evil  f 
inii  I  cannot  be  punctual  to  the  particular 


LC.J.  Nay,  I  suppose  you  seldom  keep 
•i  fSBT  tfxt.  I  am  sure  there  was  never  a 
wsi  ja  anv  chapter  that  warrauted  the  speak - 
kgviiDy  sui.'h  words  as  these. 

Smtih.  My  lord,  1  ranniit  be  punctual  tu 
Aefarticolar  verse.  It  was  uithin  tive  or  six 
^m  of  the  lic^nning,  J  hilievc. 

Mm,  Tlien  upon  \»  hat  occaj^iun  came  iu  tlie 
w4i about  the  two  \uckrd  kiiiijrs  ? 

Smiik.  in  preaching  you  bruught  it  in  by 
fAv  proofs. 

L.  C.  J.  W  by,  man,  there  can  be  n<i  occa- 
IM  for  s|icakii)g  of  tuo.se  words,     ^'ou  simke 
4hi  without  any  occasion  at   nil.     N'o  iKHly 
QileU  what  nccasMMi  you  had  to  speak  them. 
Mm.  But,  my  lord,  I  sunp(»sc  thiTc  may  be 
■Bt  oohert'uce  in  my  discourse.     I   would 
Imv  haw  iliey  wen*  brought  in  ? 
L  C  J.    W  ho  cau   tell  the  occtiiiion  :'  Uo  { 
;  a»e  whatreaMiu  any  man  has  to  K|ieuk 
.'  I  tell  vou  there  is  none  at  all  to  be  ' 
It.       •  1 

<lneaf  your  proofs  iu  your  preach-  { 
'■Mconceniing  Dalilah  and  hampKoii,  and 
bmnhtinthat  proof  couceruing  the  king*8  I 
f  «f  women,  it  was  out  of  the  J  udges.  And 
■Ahtdid  not  question,  but  that  in  the  end 
lirai  would  serve  the  king,  as  that  \»hore 
bM  ltoi|iaoii. 

J.  J.  Was  this  at  the  same  time,  upon 
>.«KdajP 


JSmilh,  Yes,  it  was  upon  the  14th  of  Sep- 
tember. 

Ros.  [fit  please  ynu,  my  lord,  these  are 
not  words  that  are  chaigal  iu  the  infor- 
mation  

L.  C.  J.  You  draw  it  upon  yourself  by  your 
questions. 

Ros  If  Ihey  were  spoken,  (upon  that  hy- 
pothesis, \  say,  if  they  were  spoken  ;  but"  I 
deny  the  thesis,  I  abhor  tlve  thoiii>fhts  ol'thcm) 
1  would  kuow  how  Uiey  were  brought  in,  under 
what  vtTse  ? 

L.  C.  J.  Ay,  I  take  you  right  ^s  to  that, 
you  do  deny  it ;  and  they  are  not  in  the  in- 
dictment. 

Suiit/i.  T  cannot  be  punctual  as  to  the  verse. 

Rits.  Vrtvw  u)H)n  what  account  did  come  in 
the  two  uicked  k\t\g<  i* 

Smith    1  cannot  tell  the  verse,  truly. 

Ros.  flow  came  in  that  aliout  Jeri)boam  ? 

L.  C.  J.  Uow  can  she  tell  how  you  bring  in 
treason  ? — /»(«.  l\Iy  lord 

L,  C.  J.  Nay,  ))ray,  Sir,  hear  me  a  little. 
You  shall  ha\  e  ull  the  libeiiy  to  defend  your- 
self that  the  law  can  allow'  of.  We  ore  a<^ 
countable  to  the  law  upon  our  oaths  to  do  jus- 
tice, and  are  as  much  accountable  to  Heaven 
lor  our  actions,  us  you  or  any  prisoner  that 
comes  to  this  bar  is  to  the  law  for  your  ac- 
tions. But  do  you  ask  what  reason  yon  spoke 
treason  for  f  1  iell  you  no  reason  cau  be  given 
for  it. 

Just.  llol.  Do  you  think  any  td'your  audi- 
tors can  give  an  accouutofthe  connection  of 
your  whole  sermon  P 

L,  C.  J.  VVhen  you  talk  hestderi  the  cushion, 
do  you  tliiuk  any  man  alive  .is  able  to  give  an 
account  how  you  come  to  ramble  and  talk 
tre:ist)n  ? 

Ros.  Can  you  tell,  mistress,  when  that  wa^ 
spukL:n,  of  stai.diug  to  their  priucipU'S,  and 
tijcT  rums'- Ikuhs,  \c. 

S./iith.  That  was  at  the  latter  eikd  of  your 

SiTiliOII. 

L.  C.  J.  When  you  had  sai.l  thrre  were  two 
wicKed  kiny;s,  tlii'n  presently  you  were  for 
standing  to  your  priiinpU'S,  and  overcoming 
your  eneniicb. 

Ju*»i.  Ho/.  It  seems  she  was  very  intent  upon 
yoursiTUum. 

J..  ( '. ./.  Fur  my  part,  I  wonder  she  can  re- 
meinhur  so  nuirh  us  she  does.  It  is  much  bhe 
can  riMUiMuber  suc*h  stuff  as  this. 

I(tf.<.  Thf  (j'id  of  truth,  luy  lord,  1  hope 
will  niHuifest  tiiif  truth.  l*ray\  nii-tifss,  were 
tliCM*  words  s|H)IvL'U  one  just  allcr  uitotlic-r  iu 
toy  disco ursi* '.' 

*.S/A*7A.  No,  they  were  ntit  ;  but  thty  were 
ull  spukeu  at  ihat  titiu.-. 

.fust.  Jlol.  Have  you  dun»*  wiili  her  '' 

Uos.  No,  my  lord,  I  hmnlily  l»oc«rh  your 
favour  and  patience  a  li;tK'.  Pray,  mistress 
iSmith,  did  you  write  ? 

Stnith.  t'did  not  wiite  till  I  came  home,  and 
after  1  came  home  I  did  write  it  down.  Several 
that  were  there  did  uiiie  down  your  K4!rmou. 

Ros.  ISeveral  of  whom,  do  you  mean  :* 

limit h.  Several  of  your  congregation.,  Sir « 


I 


J 167J      STATE  TRIALS,  SS^Chahlrs  II, 

Bm.    Did  yooT  compaoioos  write  f  And 
ay  where  did  you  first  wrile  down  these 

words  ? 

Simih,  After  I  came  home  I  set  them  down, 
word  for  word  to  a  tiale^  as  they  were  spokeo, 
«i  near  as  I  could  remember  what  you  spoke. 

Roi.  Was  flDy  body  with  you  when  you  set 
tiiem  down  P 

Smith.  Yes,  my  own  family  saw  me  write 
them  down  ;  and  the  other  witness  was  with 
tiie ;  and  afterwards  we  went  to  the  Bull  and 
Month,  the  Qnak«T's  meeting* house. 

Rat.  >Vhat  other  witoc«se!i  were  by  when 
you  tet  them  down  ? 

SmUh.  There  %va8  my  husband,  my  appren- 
tice,  aud  my  child. 

Hon.  And  did  you  <»ct  them  down  just  ex- 
flptiy  ax  you  have  sworn  them  upon  this  in* 
Hcif  neol  ? 
Smtfh*  Yes,  to  ihe  best  of  my  knowledge. 
lloi.  Upon  your  oath,  in  the  presentee  of  the 
'gicnt  God,  rUtl  you  set  I  hem  ilow  i\  as  they  wefc 
ip«*kon  r — Smith.  \vn,  I  tell  you. 

L.  C.  J.  Ay,  I  would  a-^k  you  ihnt  question; 
did  you  (1  speak  to  v""  fksm  the  nresctite  of 
the  gn'ut  God»  and  upon  your  oath)  set  down 
hiH  words  [nsX  a»  lie  spoke  them  in  «tibstance  ? 
Smiih.  \cB,\  did  to  the  same  substance  as 
near  as  I  could  I'emember. 

Hos.  Pray  what  other  words  were  spoken 
between  th<*s€  words  in  the  indictment,  il  they 
were  not  alt  spoken  u>|fetlier  ? 

Smith.  One  thing  1  do  remember  more  that 
you  liaid  thai:  day.  You  said  there  was  a  word 
thc>  cidlvd  cunliji^;  hut  for  your  part  you 
ditrnot  understand  what  it  meant,  unle^  it 
were  ll»i5 ;  You  paid*  y*»u  chanced  to  go  by 
one  of  the  jgrreat  churches  ;  where  peeping  in, 
you  liaw  a  tnan  with  a  while  surplice,  and  the 
or^ms  H  ere  t(f>inf^,  and  they  were  canting,  and 
sinjjTiu^the  Litany,  the  Creed,  and  the  Ten 
Couiiiiandmeuts  with  a  Ha*ha-ha-ha*ha.  For 
your  part,  you  were  ashamed  to  hear  it :  and 
this  you  said  wasuil  the  canting  you  knew. 
Att.  Grn,  You  will  draw  tltis  upon  yonrwlf. 
Rm.  I  am  sorry  to  hear  this  indeeil,  tin' 
lonf. 

L.  C.  X  80  am  I  too,  with  all  ray  heart,  I 
will  itssure  you» 

Rvs.  You  say  you  set  down  tha  words  the 
same  day,  when  you  cumc  home  ? 

Smiih,  Yes,  I  resolved  so  to  do,  when  I  ca*me 
Bwny  from  the  meeting,  to  write  them  dou  u  as 
soon  as  I  i-umc  home, 

iliw.  Did  yoti  confer  wttlt  any  body  abovU 
these  words  'f 

Smith.  Not  till  I  cam«  to  a  justice  of  peacci 
and  discovered  it, 

Uni.  What  iusti»:«  of  peace  v>-as  that  whom 
you  discorercd  it  to  f 

Smith.  The  llecorder  of  London, 
Rctit.  Aud  yt»u  iwear  these  were  the  words 
that  1  ^jK>ke  ? 

Smith.  Yes,  as  near  as  I  can  remember. 
L,  C.  X  if  she  s^*eur  the  sul>stantial  part  of 
them^  it  is  enough,  though  the  very  exnrl  words 
she  doth  not  swear:  for  the  wonts  are  laid  in 


1 684.— Trial  0/  Thmai  RbumUt    [  16S 

tilts  indictment  in  Lstio,  and  by  wmy  af  m* 
sertion* 

Rot,  Your  lordship  win  pardoit  ray  wmk* 
ness,  I  am  ignorant  of  the  law. 

L,  0.  J.  And  we  will  take  care  jim  shall 
hare  uothing^  done  to  your  preytidioe  cliat  it 
against  law. 

Ros.  i  humbly  thank  your  lordsbrp.     IMIff 
tress  Smith,  upon  your  oRih,  you  lay  Mr*  HbiH 
was  at  that  conventicle  ?  V 

Smith.  Yes,  he  let  me  in  at  the  door,  aikil 
was  angry  with  me  thrit  i  would  ootue  so  near 
the  place  with  my  pattens  ;  he  nanl  H  fll%k 
give  occasion  of  suspicion. 

Rm,  You  were  saying  you  heard  him  et • 
pound.     Where  waa  that  pray  T 

Smith.  Yes,  that  I  did,  at  Mr.  CrooksbaiikB*! 
house  ;  and  I  heard  him  another  time 

Ro,%,  What  was  the  day  in  Aiagt»st  that  yoa 
say  you  came  first  to  hear  roe  ? 

'Smitfu  I  do  not  say  it  was  in  August,  but  in 
July,  that  I  came  first  lo  hoar  yo^,  the  9Qlb 
of  July. 

Rm,  You  say  I  preached  In  tlie  pobli^ 
mectin^'placc ;  what  day  was  that,  pray  f 

Smith.  The  loth  of  Aujjugt,  to  the  Ml  if 
my  remembrance  ;  it  was  tttc  foutb  Bumlaji 
as  r  rememlier,  that  I  heard  you  there. 

Rm.  Have  you  not  sworn  agaitwi 
tides  in  other  places  ? — Smtth.  Ye§, 

Rm.  What  con vcnlides  ? 

Smith.  If  my  lords  please  to  ask  me* 
gire  an  account. 

Ro*.  Have  you,  or  haf  e  you  not  ? 

Smith.  Yen,  several ;  thooffh  1  nercrlMii^ 
any  thing  spoketi  in  any  of  3iem  agaitisl  lihe 
king^,  but  at  your^s. 

Ros.  Did  you  swear  a  cmitenttcle  agaiut 
one  Mr.  Hales  f 

Smith,  t  swore  it  by  confession. 

Em.  Were  you  at  that  conventicle  ? 

Smith,  No,  I  was  not,  but  I  swora  it  by 
confession. 

Rot.  What  day  was  that  conventicle  ? 

Smith.  As  they  told  us,  it  was  the  13th  of 
Jnly. 

Rot.  Was  there  any  thing  done  upon  thai 
conviction  ? 

Srmth.  Y^c*,  he  paid  his  money  that  was  sd 
utxni  him,  and  never  made  any  appeal ;  hii 
wife  confessed  it. 

Ret,  What  other  convctiticlos  hare  y^n 
been  at  ? 

Smith.  Conci»ming  j  ou,  do  you  mean  ? 

Rot,  No,  any  other  conveutieles  of  the 
natics  that  you  have  sworn  agauist  ♦* 

Smith.  I  do  not  Inow  whether  thai  Hc^ 
proper  question. 

Jim.  What  fcay  you,  mistress  Smith  ? 

L  C.  /.  No,  no ;  that  you  miistiial  wsk  1 
that  in  to  accuse  hersdf. 

Ju^<t.  Hiti.  You  must  not  a&k  Hor  any  Chin|^ 
but  that  you  stand  here  charq^ed  with. 

L.  C.  J.  You  must  not  ask  her  any  Ihingf 
that  may  make  lier  obnoxious  to  any  penalty. 

Ju!>t.  Wttlcot.   Do  you  ask  her  any 
f)aestions  P 


STATE  TRIALS,  96  Chaslks  tl.  l684.— /w  High  Trtaum. 


[170 


Xm*  I  wilS  ifrKeotly^  my  lord,  I  beg  your 
pyicAoc. 

LiX  J»  Aft  ay»  tikeyoar  own  time. 

&«.  Plray,  MisCrets  Smith,  were  you  a 
liBMi  agftiBfl  ft  conventicle  at  one  Mistress 

SmUL  Ye8«  tliat  1  bad  by  confessioo  of  her 


Sm,   Wis  tkere  nol  cocae  moDey  ofTercJ 

L  C  /*  Thai  is  not  to  be  asked,  you  mast 
nmrnk  h&  ttty  question  that  may  make  her 
t^emt  berneif  crim  i  naj  I y . 
f      SmkA,  Nefer  by  roe, 'Mr.  Rose  well. 
■^^Hl  be^your  loni»hip^6  nardoa^'- 
^^^K  /.  1  will  tell  you  the  reason   for  it, 
^^Hm  thai  wbich  ought  to  be  satisfactory  lo 
^Hirafly  body.    They  are  not  bound  to'an- 
^Mrtaiy  mit«iioQS  that  you  ask  the  witnessefi, 
niercby  toey    ebargt;  tiiemsekea    with   any 
cnnic,  or  by  aasweriuf^  may  subject  themselves 
l««iy  penalty.    Whether  It  be  so,  or  do,  you 
mi  not  aak  tbem,  but  jprore  it. 
SaiiA,  I  never  diil  otter  anVf  my  lard. 
Boi.   I  thought  1  might 'offer  any  thing 
ifiiiiat  what  she  had  iwom. 

L  C.  J.  Prore  ivhat  you  can  in  your  time ; 
i«t  dy  nut  ask  her  any  such  questions.  The 
kw  isiO|  and  the  same  for  vou  as  it  is  for  e?erv 

All.  Sf  istress  Smith,  you  swear  these  words 
werespoluii  in  the  foreiKKiu  upon  that  place, 
tbe  list  of  Geofsii^,  une  afipr  another  ? 

Smttk,  Yes ;  those  woHs,  as  acar  as  I  can 
i^etk  them,  were  spoken  (hen. 

L>  (X  /.  Are  those  the  words  you  heard  at 

Tfi  liuhsrance  lljey  arc,  my  lord  ;  as 
I  >ver. 

more  questions  to  ask  her  at 
I  my  iortt. 
f/l,  Grn,  Pray,  Mistress  Smith,  s'mce  lie 
started  such  a  quest! t>n  ;  have  you  been 
wUh^  and  b<^n  oflfci^ed  any  money  ; 
what,  and  for  w  hat  ? 
iiih.  There  camt*  tme  Cartwright,  and  one 
tomt  '         \  cannot  ijive  an  ac- 

cxact) y  it  was  ;  and  first  they 

tome  iii«>iu  ni^irfss  Batho's  husineas, 
•aJ  after wurds  thev  fell  into   dijicoarse  about 

IR/>*tvvrlf,  and  they  told   me»  Th*iy  won- 
d  I  would   buve  my  hand  in  any  man^H 
1     Said  I  to  thcm.Nnpp^se  you  had  heard 
1 1  did,  wlittt  wodKI  you  have  done  ^  Says 
Norton,  you  bad  hciivt  take  *fO  giiiueis, 
not  apii«ar  «^n!»t  htm;  ^id  he  ;  not  that 
body  uiat  I  knof^v  t4  that  he  is  concerned 
,  «'ill  C»*'e  yon  tliat  sum  of  money,   but 
jm  bad  Mter  take  it,     Hay^  f,  uhatis  the 
'1  shall  hriy  m«  off  from 
ih  I  would  f*\ien\c,  und 
*'  1   tvidcnrc  of 

1   >Ir.  t'nrt. 
i  li    >iiu  u,u\  fiot  difico- 

►  woidd.     Said  J,  yes, 

.     Hms^  any  body  eUe  tampered  , 


with  you  ?  Have  you  had  any  letter  aent  fxt 
you? 

Smith.  Nothtag  till  yesterday  morning  r  a 
letter  came  then> 

Alt,  Gen,  What  was  that  ? 

Smith,   1  suppose  my  lord  saw  it. 

Att^  Gen.  Ay,  but  you  must  tell  tlie  jury 
what  it  was. 

Smitk.  Ooe  came  to  my  brother^*,  and 
brou^^ht  a  letter  thither,  which  I  read  orcr ; 
and  he  said  to  my  brother,  if  I  could  be  any 
vvi&ys  assistant  to  Mr.  Rose  well  in  not  coming 
in  against  him,  I  might  have  200/.  paid  down 
to  moiTOw  ;  not  that  Mr.  Roscwell  kncvr  of  it, 
or  would  gire  it  me,  but  it  was  a  iiagt?r  that 
wafi  laid.  Same  laid  be  would  be  hanged,  and 
some  laid  he  would  not ;  and  so  he  said  he^ 
would  come  and  give  me  an  account  who  it 
was  that  spcke  to  him. 

Att,  Gtn.  My  lord,  we  hare  done  with  her 
now.     Call  ^Irs."  Uilton. 

RosewtlL  Will  your  lordship  please  to  in* 
dulge  me  so  far,  tbat  i  may  ask  her  another 
question  or  two  P 

L.  C.  /.  What  is  it  you  would  hate.  Sir  ?      * 

Rosewetl.  I  desire  her  before  she  goc»  out 
to  recollect  one  thing* 

L,  C.  J.  Nay,  nay,  she  shall  not  go  an^y  : 
If  you  have  a  mind  to  ask  ht?r  any  thing  be 
fore  she  goes  away,  do  io  ;    or  &be  shall  como^ 
again,  if  you  have  any  questions  to  put  io  her. 

Att.  Gen,  My  lonf,  she  is  big  wtib  chdd, 
and  cannot  well  crowd  in  and  out, 

L.  C.J.  Jf  she  be  with  child,  then  let  her 
sit  upo  the  stool  there, 

HoifwelL  With  your  lordship's  indulgtoce, 
I  would  ask  Mrs.  Smith  this  queition  ;  the 
Cfentlcwoman  that  was  with  you,  Mrs.  Hilton 
I  think  you  called  her,  did  she  agree  with  you 
as  to  the  same  wonis,  and  as  to  time  and  place  ? 

Smith.  If  you  please  to  examine  her,  I  sop- 
pose  she  will  giTc  you  an  account* 

R4Xsf.weiL  Then  I  would  ask  her  this  qucs-^ 
tion,  with  your  leave,  my  lord  ;    whether  waa 
that  other  gentlewoman  with  you  b  the  same 
room  ? 

Smith.  Yes,  she  was,  ond  snt  upon  tlie  htd 
with  me,  and  I  pulled  her  by  the  sleeve  whrii 
the  words  wen-  spoken,  to  tate  not  ice  of  them.  - 

Att.  Gen.  C^ome-,  Mri.  Hilton,  give  my  lord 
and  thejivy  nn  account;  have  you  been  at 
this  conventicle  at  any  time,  and  what  have 
yoti  hef^ril  there  ? 

Hilton.  I  canie  to  Mre.  Smith *f  on  Saturday 
night,  and  on  Sunday  morning  I  went  wifn 
her  to  this  place ;  1  was  never  there  before  io 
my  life,  they  said  it  was  one  Daniel's  house, 
one  captain  Daniel *s  :  it  was  near  M  eat -lane 
io  Rotnerhitlt.  And  when  we  caine  ther**, 
there  was  one  that  Mrs.  Smith  knew,  that  »tood 
at  the  door,  they  call  him  Paul  Shed,  a  little 
man  :  and  when  wo  came  to  the  doot ,  he  said 
to  iu5,  Pull  off  your  pntten»,  says  he,  for  they:- 
wi!|  give  too  much  occasfioo  of  distrust  of 
people's  coming  :  So  ^ve  pulled  off  our  pattens, 
and  said  we  would  take  care  the  neyt  time* 
Wh«a  we  came  in,  we  went  through  a  kind  of 


» 


I 
I 


STAT£  TftlAL$,  sti  ChaullsU. 

p.  hiil^  and  when  iv€  G4me  Uiere  iiiioilie  bail* 
tlicrt!  were  a  UllJ^  parlour  i^fQiust  it :  we  we«it 
up  the  MUirs,  ami  wbtiii  we  cautc  up  sitairs, 
ibere  were  l»'o  more  n¥»m?«  ;  ibai  room  we 
came  into  was  hiitit' vv  It  h  satl*<'^>touretl  pa|)er, 
atul  liooti  llie  IH^  uajid  thet'-*  atooil  a  liwi^t* 
wood  KiQii  of  che^L  u  1  u  and  a  little 

^!aj»  over  iliai,  M  r   H  i  nc,  and  stood 

^  the  «utraii€e  oi  Oie  cloui  ,  ?*o  tUen^  was 
a  little  ohild  iii  bed  when  we  came  up,  aiid  we 
aat  down  *m  rhe  oiher  side  of  the  bed  ;  and  the 
vbild  uiih  iJiki.fl  out  of  the  l>ed  m*esi*nily  after- 
frardi>»  Mr.  Ilosewf.U  preacht^d  ^poiithe^th 
or  2i5t  chapter  of  Genesis,  I  amnol  he  po- 
^iijve  which  oj'  them,  but  of  one  of  theui  it 
was 

HoumclL  Bat  u[>oo  ytixa  o«th  cannot  you 
tell  which  it  was  ? 

L.  C.  J.  You  tnu^t  uoi  interrupt  her,  Sir  j 
you  shall  hare  your  time  to  aak  her  wltat  you 
mil. 

.  HiUmx.  ItwaslheSOUi  or  ilst  of  Gcn^i^i. 
I  witJ  not  be  positive  uhjch  of  them  it  wui. 
tout  the  thin|r  was  as  to  Abraham  and  S^irah  ; 
that  was  tiie  contents  of  the  ch^^iter  iliat  Mr, 
Rosewell  was  then  pleased  to  preach  tjpon. 
AOerhe  had  tftok  hts  text,  and  pretichetl  a  lit* 
tie  while,  he  liaid,  '  The  petvple  wriil  flacking- 

*  to  the  king  to  cui-e  tJjt?  kinpf'h  e*il,  which    he 

*  could  not  do  «  fortliev  ou^bt  to  flock  to  them, 

*  that  were  priesta  anif  prophets,  who  by  thdr 

*  pravers  could  cure  Uietr  gric vjinces.*  Theti 
h«  '  a  great  while  of  the  chapter  Ibl- 
lo  :i  J    and  then  says  lie,  ♦  We  have 

*  hatl  two  nicked  king^  thnt  hare  suffered  po- 

*  pery  to  come  in  noilei^  their  noses,  which   1 

*  «ui  compare  to  uoihiuj^  but  the  most  wicked 

*  Jerftboam.*  Th#*Te  was  Rn*>ther  king  named, 
^d  I  thiiik  it  waa  TteholKiam.  [  cannot  be 
positive  as  to  that^  but  Jeroboam  I  ain  sure 
wan  named.  Then  he  said,  »  If  the  people 
'  would  stand  to  their  ]»rincip}e«f  he  did  not 
'  question  but  to  oAercomc  alt  their   enemies 

*  with  broken  platters,  i"aros>h<nns,  and  a  stone 

*  ui  a  sling.*  Thcic  \>tre  Uic  words  Mr,  Rose* 
well  was  pleased  to  say. 

L,C*J.  Can  yc»urcii;^etnl)€r  what  day  of 
the  month  this  wan  ? 

Hifton.  U  was  the  14th  of  September,  my 
lord. 

L.  C.  X  Do  you  remember  what  number  of 
people  were  tlicrc  ? 

Hi  It  on  1  btdieve  tliere  were  4  or  500  peo- 
^|K  >    tl  ret  ful)«  and  two  ruoriis 

^M<}^'  and  the  halt  full  ;    and 

pne  Paul  .-ML'«j  ^a^  i»irs.  Smith  told  me  his 
name  tva«)  let  us  in.  I  did  not  know  any  oi' 
th^BO  J  nor  ever  had  convicteil  any  of  them  ; 
that  was  the  first  time  [  ever  was  at  a  mc^etin^ 
ta  my  Ufe,  and  f  had  enough  of  it  then. 

L.  C.  /.  You  say  you  came  on  Saturday 

ht  to  Mra,  Smithes 'hotisa  ? 
iUan.   Yes^  my  lord. 

In  C.  J,  What  tmie  that  night  ; 

tiiUttJim   >  t  ornint^o^clock, 

^  L.  C.  J*  \  in  ibc  morniDg  did  you 

fo  along  with  her  io  ilua  plaot  f 


SUUon.  We  urettiby  7  o^ctock  in  tbc  mofn* 

L.  a  i.  Did  :ilr.  lan^c^veU  come  bdmt 
you.  or  allcr  you  ? 

miion.  No,  be  came  presetitly  afWr  vreirerv 
there. 

L.C.J.  Do  you  remember  any  ocber  wonb 
he  uttered  there  that  djiv  ? 

lltiton.    He  ^^  "    4»f  sercnl 

things  betwerii  .    atnouf 

the  rest,  1  heard  niin  fiei 

said  there  was  a  worl  ,  bii|[ 

he  did  not  undersian«l   >^  r.nt, 

except  it  wert'  the  fellows  i 

a  liaha-hn-ha-ha:    tor  my  part,  says  , 
was  ashamed  to  hear  it- 

L.  C,  J.  Do  you  reaiembcr  any  otiier  pail  a 
the  discourse  P 

Hilton.      lie  had  a  great  n 
iho^e  tiling,  that  1  cannot  no^v 
affi  i>;:litcd  ine  Io  hear  it  out  of  - 

L.  C  X  ^^  heie  did  vou  tfo  ii 

JiUhm.  Wewentli   -      -  ^' 
\ias   two  o*cluck,  an 
bread  all  the  while  j    o.i..  o^  ., .., 
hoiue^   Mrs.  Smith  took  her  pan  and  ink  pre  J 
sently,  and  writ  down  those  \%orde*  ;    1 -^^^f  Uhl} 
band'nnd  I  and  ^he  were  together : 
we  had  tlone  this,  we  went  to   the  ^ 
meetiiig-. 

L.  C  X  What  Quaker^s  meeting  is  i\tit  * 

Hilhm.  It  is  that  by  Chea^rside  •    '  tl 

well  remember  the;  naate,  1  think  it  -  l| 

the  Bull  and  Moulh. 

JuKt,  IMioutty.  What  time  of  the  day  wiEsit 
that  the  meeting  was  doae  at  Mr.  Rosewtll'tr 

Hilton,  He  came  f*ora  Mr.  lio«efrdr«  a 
little  aOer  two  o'clock, 

X.  C.  X  From  »ev*.n  l^>  two  did  he  bold; 
that  h  pretty  lont^*  winded. 

Hilton,  No^  he  went  in  to  dinner,  and  left  us 
there,  and  abundance  in  the  conpreirunon  ♦  jt 
«w eel- meats,  or  biskets,  or  such  tuii! 
had.     Uut  1  am  sure  we  had  oothint:  i 

was  never  among  you  before,  nor  erar  eonvicted 
any  of  you. 

Urn.  1  liunibly  beseech  your  lordship  to  m«ke 
her  sensible  of  tltc  obligation  aIic  is  uudcr  Uy 
her  oath. 

X/C.  X  Ay,  Ay :  1  will.  Look  vou  miatfVMg 
you  must  take  notice,  here  is  the  life  of  a  man 
in  question,  whidi  is  a  thing  of  (^req^t  consi- 
deration. And  for  you  to  have  any  con<H*ru  in 
taking  away  the  hie  of  a  man^  if  it  be  upon 
tiilse  afroundfi,  is  a  very  dismal  thing  ;  l»esides, 
that  there  is  a  thing  which  is  yet  of  {^jrvatcr 
wtijrhtand  moment  to  you  vouJ'i^lf*  it  coy 
your owtiimmortal  soul.  You  must 
what  g'uilt  you  contract  upon  yourself  |_ 
tdl  a  lye  ;  *^bul  tliere  is  a  much  greater  ] 
contracted,  if  you  offer  to  swear  a  lye  in  a  i 
of  justice,  upon  a  cause  of  this  couc 
Consider,  I  tell  you,  you  are  io  the  pr* 
Almighty  God,  ibal  aeeth  into  the  hearts  \ 


173] 


STATUE  TRIAIA  36  Chahles 

;  that  is  the  aven^^r  of  all  lying  and 
tha.t  itiiy  justly  sink  voii  into  HeU,  if 
_.  ofer  to  swear  a  falshood.  Therefore,  1 
<iar^  yoo,  in  th^f  name  and  presence  of  that 
pfoX  God,  the  judge  of  heaven  and  earth,  to  an- 
nptr  Be  truly  to  this  qiiestion  :  are  the^e  tliin^< 
llmi  jou  hare  sAvorn  here  true  ? 

HiifM.  My  lord,  they  are  every  word  true. 
Then  is  a  gentlewoman  here,  one  Mrs.  Col- 
lagwwid,  that  shall  wKness  I  set  them  down 
ttaday  ;  and  went  away  to  the  recorder,  and 
|iic  hifii  an  account  of  ttiem. 
Mi,  Gen.  Well,  if  you  have  done,  go  over. 
L.C.  J.  No,  hold.'Sir,  will  the  prisoner  ask 
hv  loy  questions  ? 
Mm,  Yes,  my  loni,  with  your  leave. 
L  C.  J.  Ay,  in  God*s  name,  what  you  will, 
ifat  ■  fitting  to  ask. 
Bdi.  Mistress,  what  isvour  name? 
Bihcn.  My  name  is  Hilton. 
Jtoi.  Was  your  name  ever  Shafloe  ? 
"EUian.  Yes,  but  mv  name  now  is  Hilton. 
Bn.  Or  otherwise  Smith,  I  suppose  :  for  I 
taw  heard  so. 
mM.  No,  Sir. 

Im.  Then,  Mrs,  Hilton,  upon  the  oath  you 
kMetdtto  (for  I  hope  you  have  observed  what 
i^ltv^  has  said  to  you'about  the  sin  and  dan- 
frtffte  swearing)^— 

Mr.  Rosewell,  God  forbid  I  should 
e  to  tell  such  a  lie  as  this,  if  it  were 
A  to  my  knowledge ;  I  would  rather 
^ak  loi  than  more. 

Jfoeyou  at  Rotherhith  that  14th  day 


Vei,  I  was.    I  waswith  Mrs.  Smith 
«  iMrftmse  over  night,  and  went  with  her  to 
AAsitt  at  seven  o'clock  next  morning. 
Mm.  Whoae  house  were  you  at  there  P 
EiltM.  I  cannot  say  at  whose  house  it  was 
tf aj  awn  knuwledifis  for  I  was*  never  there 
Mr  in  all  my  life  ;  but  they  said  it  was  one 
OanielVk  house. 


Mm] 


What  street  was  il  in  ? 
^ioa.  I  do  not  kntiw  what  stret't  it  was  in, 
itfiiueai  West-lane. 

What  kind  of  baildin^vs  were  there  in 


Ktttm.  Over-airainHt  it,  a  little  way  from 
time,  i^  a  hrid«j:c,  tliat  we  went  over  ;  1 
iere  it  ina\  be  soine  ten  or  twelve  doors  from 
tikMse.   ' 

In  the  street,  you  say  over-against  the 


BZtov.  A  little  way  frf»m  it.  Mr.  Wosewell, 

9JN  do  remember  (1  can  remember  these 

very  well)  thercwere  shutters  in  the  win- 

'  the  sun  catne  in,  and  you  were  afraid 

tks  that  went  by  should  hear  you. 

a  was  not  lig^ht  enough,  and*vou 

i  that   one  pari  of  the  shutters  mfg^ht 

M  ;    which  wds  doni^ :   and  then  vou 

dial  half  might  be  shut  again,  for  Foar 

lleslwuld  over-bear  ytm. 

Wfatf  kind  of  ehtnuioe  is  tliere  into  the 

h.  IWa  is  an  entry^  and  from  the  entr\' 


1 


11.  I684.— /(w  Uigh  Treason.  f  174 

we  went  into  a  little  hall,  the  rooms  were  but 
of  a  low  height. 

Ros.  \\'as  it  in  an  upper  room,  or  a  lower 
room  that  I  preached  ? 

Hilton.  It  was  in  an  up|ier  room,  you  were 
n|)  two  pair  of  stairs,  the  chamber  was  hung 
with  sad-coloured  ])aper,  and  a  sad  coloureu 
bed  was  in  the  room  ;  upon  the  left-hand,  as 
3*ou  stood,  there  was  a  chest  of  sweet  wood 
stood,  and  a  little  cabinet  u|)on  it,  and  a  glass 
over  that :  and  upon  the  right-hand,  on  theside 
of  the  chimney,  was  a  closet ;  I  took  very  good 
notice  of  all  tliesc  thin^. 

Ros.  Two  pair  of  stairs,  upon  your  oath,  you 
say  it  was  ? 

Hiltoiu  Yes,  it  was  two  pair  of  stairs  upon 
my  oath,  Sir. 

Ros.  How  many  steps,  Mrs.  Hilton,  were 
there? 

Hilton.  They  were  low  stairs,  eight  or  nine 
to  a  pair,  I  think ;  I  did  not  number  them,  Mr. 
Rose  well. 

Rtrs.  The  other  says,  there  was  a  little  room 
up  six  steps  and  that  I  was  but  one  pair  of 
stairs  high. 

Hilton.  And  there  was  a  garret,  my  lord ; 
which  I  am  sure  there  was  above  400  people 
there  at  that  meeting. 

Ros.  Did  you  sec  that  uumlier  of  people 
there?— H//^m.  Yes,  1  did. 

Ros.  If  you  were  within  in  the  room,  how 
could  you  see  them  uU  there  that  were  below, 
and  in  the  garret,  as  you  say  ? 

Hilton.  When  you  went  down  to  refrcjsh 
yourself,  to  dinner,  as  I  suppose  ;  sdd  1  to  Mrs. 
Smith,  for  theL#ord*s  sake,  let  me  go  out,  for  I 
am  aifrightod  out  of  my  wits  to  hear  such  stulT 
us  this. 

L.C.J.  Frightful  stnft' indeed. 

Hilton.  Says  »i>(%  you  caunntcfo  out  (ill  they 
all  go  ;  tlure  is  noCoily  to  let  yon  out ;  but 
I  would  fain  havch-i^i  j^'.»t  ontlhcisc**. 

Ros.  What  time  did  }ou  come  thither,  sav 
>  ou  ? 

Hilton.  "We  eamc  by  seven  (rdot'k  in  the 
morning. 

/^^^  How  did  the  cXtn  isc  lci;iu  ? 

Hilton.  Between  scvni  niifl  cntrhi. 

Rt».  1  du  nut  ask  you  what  tiint;.  but  how  il 
began  ? 

J  Jilt  on.  Vou  made  il  kind  ot'a  prayer,  I  do 
not  understand  your  way,  for  I  ne\  er  was  used 
to  vc»in'  meetings,  1  ucvcr  was  at  any  before  in 
my  life.  \  on  took  your  text  (I  cannot  be  po- 
sitivi'  which,  but  it  was)  either  out  of  the  *iOi\i 
or  'Jlsf  ehaptor  of  Genesis. 

Ros.  IJut  can  yon  remember  these  wonls,  and 
not  the  chapter !' 

Hilton.  1  can  loll  you  niori;  tliai  \*in  jsaid,  if 
you  please. 

Ror..   Mrs.  Hilton 

^  L.  C.J.  Ui  her  go  oil :  \oui.sLheraques- 
tfrfn,  and  will  not  stay  for  ua  answer,  but  gu 
Id  another  thing.  S\iv  i ;  teliiug  yt»u  what  wan 
done. 

Hilton.  This  I  am po-ilive  in,  it  was  tiic  '2Uth 
or  f>lU  chapter  of  licnif^iis :    tiie'  story  wi** 


STATE  TRIALS,  36  Charles  H.  i5S4.^Trt«/  of  Tk^mai  RoMewtU, 


^ 
P 


I 


nbcmt  Alimham  midSarmb,  how  he  bid  her  call 
hersejf  hm  sister. 

Rif».  Tbal  i«  rhe  ^OiJi  chaplcr, 

L.  C  J.  Na  V)  I  su}»|iose  you  om  remember 
the  text  bttter  thao  thu  womun. 

Htiimu  1  believe  it  uas  ibe  20tU,  that  jou 
(Ud  most  ex|Kimi4l  upoa  tlibt  day  ;  for  you  said 
at  loiit  Abinietech  tuade  Abraliaoi  a  jtresent, 
\rhkb  you  did  tUiuk  might  be  about  ^  giu- 
rteat. 

ll^i.  I  see  you  aie  thurougli^iiiiced. 

L.  C*.  X  I^letUinks  sht^  brouglit  away  much 
©f  your  precious  stuff  for  one  lime,  upon  my 
word,  * 

Hoi*  Hou'  long*  did  you  stay  tlicre,  9irs. 
Uiltou  ? 

Hiiton*  I  &taid  ibere  from  tlie  time  you 
came  til  to  the  end  of  all  i  about  ek^  co  or 
twehe  o'clock  you  weot  down  to  dinuer  j  They 
that  uere  tberJ  staid  till  you  c^ime  up  aguio, 
irhieh  v/ks  in  the  attertioori^  ftnd  Iheu  you 
began  upon  a  text  which  you  took  in  the 
P^ms,  i  think ;  I  c2imot  positively  say  where  \ 
but  a  new  text  you  did  take,  that  you  did, 

itof .  Iti  the  Rsalms  did  you  Kay  ? 

Hilton.  And  if  it  nlease  you,  Sir,  I  never 
saw  you  but  thco^  and  noWf  in  my  lite. 

Ito^.  What  habit  wo^  I  in  ? 

Hilton,  You  had  a  carablet  cloak  on  that 
had  an  eye  of  blue  in  ii^  and  a  mourning  hat^ 
band  about  your  hat ;  and  upon  the  beikido  by 
me  sat  Air.  Atkinson  in  a  mourning  cloak,  and 
his  two  beys. 

Mm.  There  was  some  stop  or  pause  you  say ; 
yott  call  it  a  dinner? 

Hilton.  You  went  to  dinner,  I  suppose  ; 
I  know  not  wl>ere  jwu  wer^. 

Ras,  Pray  bow  did  the  exercise  begin  in  the 
afternoon  ? 

Hilton.  \  cannot  Tery  well  tell. 

Ros.  Was  you  there  to  the  end  of  it  f 

Htiton.  To  the  very  end  of  all 

Rot,  What  P»dm  wis  read,  or  w  bat  chapter 
that  I  preached  upon  ? 

Hilton,  Sir,  f  cannot  remember  what  your 
Psalm  is.  These  are  the  words  that  you  said^ 
and  that  vou  preached.  Sir,  I  cannot  remember 
how  all  tnese  ciroe  in,  nor  alt  the  stuff  that  was 
iaid. 

L>  C.  X  She  says  she  cannot  rememher  all 
your  stuff, 

Hilton.  I  was  nerer  used  to  a  c^ntenticle  in 
my  life ;  and  1  would  1  had  not  been  there 
then. 

Roi.  What  was  the  text  I  preached  upon  ? 

Hilton,  In  the  mitrnintf  it  was,  1  tell  you, 
the  ^Oth  or  5 1st  cbaptcr  ot  Genesis.  Bnt  the 
head*  of  your  s4^iinon,  and  after  you  had 
talked  ahout  tbe  kni'^,  and  all  those  things, 
ffis  about  Abrabani  aih\  Sarah 

Rifi.  But  what  waa  til e  text  in  the  afieniooo  ? 

Hilton.     1  cannot  ttll  that  truly, 

Rq$.  Then  upon  what  occcsio'n  were  thoee 
words  in  the  mornmg  about  flocking  to  tlie 
kJQ^tociirc  the  evil  r 

Hilton.  Sir,  you  said 

X.  C*  /.  How  can  any  body  tdl  what  oc- 


fl     [1T«1 

at  I  knoW^ 


casion  you  could  have.     You  bad  no 
from  that  text,  nor  any  other  text  that  ] 
of,  toialk  of  tbe  kuig'or  the  k»«g*s  etil- 

Rot.  But  1  speak  of  the  coherence  of  the 
discourse,  mv  lord. 

X,  C-  J.  \  ou  oreach  without  any  eoWciiei, 
or  you  never  hau  been  brought  here.  Wlioi 
you  give  youraiclf  the  liberty  to  talk  of  then 
lhtnpf»«  yon  ramble  from  your  tejit. 

Rot,  1  nieuii  by  it,  my  loni,  m  hat  |*ari  of  tht 
diapter  it  was  that  did  lead  to  it  ? 

L  C,  J.  No  man  living  can  tell ;  «t  waa  ttut 
devil  led  you  to  talk  treason  ;    Tbe  ii  ' 
tells  you  so,  that  you  had  not  the  fr  ^ 
bcfVjre  your  eyes,  hut  were  moved  ami  icuuctui 
by  tbe  nistigation  of  tbe  devil  to  do  kL    Wlk^ 
leads  people  to  do  all  »orts  of  wickedofSBi 
ibetlevil  ?  You  can  give  no  reason  for  ityour«j 
seir,  nor  no  one  eke. 

Rot.    Were  these   worda  delivered  b 
fonmoon  discourse  f 

Hilton,  T  do  not  know  what  yott  call  fcie^l 
noon,  or  afternoon;    1  am   sure  we 
dinner^ 

Rm,  But  was  it  all  before,  or  after  I 
oif,  and  went  down  ? 

Hilton.  Before,  Sir. 

X.  C.  X  She  says  it  was  before  you  weot  i 
dinner  i  but  for  her  part  she  bad  no  dinner  ai 
all,  she  says.  If  you  have  done  with  IiqTv  tbco 
goon,  31  r.  Attorney. 

Att.Gm.  Where  is  Mrs.  Joan  FarrvF 

Farrar,  Here  1  am,  Sir. 

At  I.  Gen.  Pray,  will  you  tell  my  kirf  aorf 
the  jury,  were  you  present  at  this  house  wHeo 
Mr.  Roseweitjjrcaencd  there  ? 

Fur.  Yes,  Sir,  1  was. 

Att,  Gen*  What  did  you  bear  him  say  t 

Fur,  Do  you  ask  me  of  the  14th  m'  Sep - 
letnber,  first »  Sir  T^^Att.  Gen,  Yes, 

L,  C.  /.  Why,  were  you  there  at  any  tAh«% 
time  ? — Far,  Yes,  several  time*. 

A(t.  Gat.  Well,  take  your  own  way  of  de-^ 
liTenng  your  evidence,  and  give  an  account  <  ' 
wbat  you  know  ot  the  prisoner, 

L.  C.  J  But,  hark  you,  be  sure  yott  tdl  i 
thing  but  what  is  truth.  You  muat 
here  is  the  life  of  a  man  at  the  stake,  and  ; 
own  immortal  soul  is  at  stake  too,  Y^ou  are  i 
tlie  presence  of  the  great  God  of  heaven  i 
eartn,  that  seeth  into  all  your  actions  i-m^ 
thoughts,  and  searcheth  the  hearts  of  all  maa* 
kind,  and  therefore  have  a  care  of  contracting 
any  guilt  upon  yourself  by  lelhng  any  lye  j 
be  sure  to  say  notning  but  w'hat  is  truth. 

Far*  Sir,  I  was  not  in  tbe  room  with  him  ; 
I  was  in  a  parlour  or  hall,  what  do  you  call  it« 
a  low  room  ;  and  be  was  up  stairs  above  it. 

Alt.  Gen,  But  were  you  in  the  congrega- 
tion? Were  there  any  otlveroflhe  hcarera  in 
that  room  among  whom  you  were  ? 

Far,  Yes,  Sir  j  there  were  a  great  oiany  of 
them  there.  Sir. 

Att,  Gen,  Well,  whatdid  you  hear  htm  aay  f 

Fur,  Sir,  oonoeming  the  evil  was  the  first 
thing  1  heard  htm  aay  ;    and  he  matle  it  aq%.i 
that  it  was  not  tbe  king  that  cared  it,  but  ill 
4 


STATE  TRIALS,  36  Charles  II.  l684.— /or  High  Treaion. 


[ITBT 


ihoald  flock  to.  It  is  we  they  should 
%y%  he  ;  for  we  are  they  which  are 
Ks  mnd  the  propbt-tK,  that  by    our 
» core  the  ipie%  ances  of  the  ])eople. 
'n.   What  did  you  hear  him  Kay  more 


be  next  that  I  observed  was,  he  suid, 
IT  two  wicked  kin^s  together ;  but  I  ' 
tell  who  he  cumpai'cd  them  two  i 
ip  to ;  but  he  bid  the  ])eoplc  stand  • 
mndples,  and  in  time  they  sliuuld 
tlidr  enemies. 
T.  Pray,  have  you  heard  him  at  any 

es,  1  have  heard  him  at  other  times. 
r.  Did  you  take  notice  of  any  thing 
ainaC  thegfo?ernment  ? 
beseech  your  lordship,  may  these 
estwns  be  asked  ? 

Yet,  I  hare  told  you  already ;  to 
*  practice.     It  is  uot  at  all  a  leading 

What  did  you  hear  him  say  at  any 

about  the  goveniment  ? 
I  a  mill,  it  was  bv  Hothorhith-wall, 
liBn'a,  tie  pray eif  that  he  might  not 
lisrd  ia  not  ]>raying  fur  the  king ;  but 
night  please  to  open  his  eyes,  or  turn 

Can  you  remember  when  that  was  ? 

;  was  the  17th  day  of  July, no, 

I,  to  my  best  remembrance;    and 

tnh  chapter  of  Genesis. 

.   That   he  preached  upon  there,  did 

.Yea,  Sir. 

'mJHd  vou  hear  him  say  any  thing  at 

•toe?— fVir.  Ves,8ir. 

Wm  What  do  you  remember  about 

nriet? 

Tell  us  what  you  heard  him  say  else? 
t  West-lane  end,  at  one  Paul  Shcd*s, 
a  preach  concerning  the  fire  of  Lon- 
tifhleeu  years  ago.  That  there  was 
pmX  rich*man,  that  lived  in  Grace- 
net  ;  he  said,  lie  needed  not  name 
Moaed  they  all  knew  who  he  was  ; 
la  there  went  a  poor  man  to  him,  not 
la  aeitber,  but  a  carpenter,  an  huiise- 
kbonring  man,  ami  told  him  how  to 
la  fire;  and  then  he  preached,  that  if 
tbcin  for  that  great  man,  that  tire  had 
I  Mr  the  fires  iu  South  wark  or  Wap- 
il  had  not  been  for  the  lord  mayors 


Im  Have  yon  any  more  to  nsk  her  ? 
kr.  What  h«i%e'  you  heard  him  say 

hb  No,  my  lord,   we  have  dune,  1 

i  Aaswcr  my  brother  Jenuer*s  qucs- 

i[r.- Whataliout  people  in  scarlet  ? 
MB  aAsr  he  hail  preached  concerning 
■'■^idit  was  a  fine  sight  to  see  fools 

M ;  and  be  heard  the  Itecorder 

lia  judge. 

»  ham  atrange  stories  it  seems. 

■■hi  of  this,  brother  Jexmcr  ? 


Ros.  God  forbid,  my  lord,  this  should  be 
true.  I 

jL.  C.  J.  You  see  she  swears  it. 

Just.  Mithint.  Mr.  lioseiVell,  will  you  ask 
her  any  questions  ? 

Hos.  Mistress,  you  say  you  were  at  the 
meetings  on  the  14tli  of  !*$eptembcr ;  pray  iu 
whose  bouse  was  it? 

Far.  It  was  at  a  house  at  the  end  of  West- 
lane  ;  there  are  a  row  of  houses  that  lace  to 
the  fields. — Rm,  Hut  whose  house  was  it  ? 

Far.  They  said  it  was  (me  DaniePs  house. 

Rat.  In  what  room  of  the  house  were  you^ 

Far.  In  the  lower  room. 

Ros.  Did  you  see  me  there  ? 

Fur.  Sir,  you  were  gone  up  stairs  before  1 
came  in. 

Ros.  You  did  not  see  me  there  upon  your 
oath  ? 

Far.  No,  my  lord,  I  did  not  see  him. 

L.  C.  J.  She  said  at  first,  you  were  gone  up 
before  she  came,  and  she  was  iu  a  lower  room. 

Far.  But  I  knew  his  voice. 

L.  C.  J.  Did  you  know  his  voice  ? 

Far.  Yes,  Sir  ;  I  had  heard  liim  several 
times. 

Ros.  Did  uot  you  tell  somebmly  that  you 
heard  none  of  these  words  ? 

L.  C.  J.  Were  you  asleep  all  the  while? 

Far.  No,  Sir,  {  was  not  asleep,  I  did  not 
sleep  while  I  was  in  the  room.  1  never  slept 
in  your  presence  in  my  life. 

Hos.  Were  you  tlicre  at  the  beginning? 
What  time  came  you  in  ? 

Far.  Sir,  I  believe  you  had  read  half  your 
prayer  ;  I  was  atthe  beginning  of  the  sermon. 

Hos,  Who  came  along  with  you  ? 

Far.  I  came  alone  ;  my  child  was  uot  well, 
and  so  I  canu;  lute. 

Ros.  What  was  the  chapter  I  was  upon  ? 

Far.  It  was  upon  the  i3 1st  of  Genesis,  Sir. 

Ros.  Upon  what  verse  of  the  iiUi  of  Genesis 
was  it,  that  you  heard  these  words? 

Far.  I  cannot  tell  what  verse  it  was. 

Ros.  I  ask,  my  lord,  because  1  went  dis- 
tinctly upon  verses. 

L.  C.  J.  Prithee,  man,  1  care  uot  how  thou 
wentest  on. 

Ros.  Cannot  you  tell  how  they  came  in  ? 

Far.  No,  Sir. 

L.  C.  J.  Nor  any  one  else,  1  dare  say,  how 
such  wonls  can  come  in  ? 

Hox.  Were  the  words  spoken  together  iu 
that  exenisi"  that  you  have  sworn  ? 

Far.   Vos,  in  that  exerciM*. 

Ros.  How  long  did  you  stay  there  ? 

Far.  Till  you  had  doue,  1  believe  it  waf 
two  o'clock. 

Hos.  Was  it  in  the  ioreno(»n  ? 

Fur.  \\  e  had  no  dinner  ut  all  ;  I  cannot  tell 
what  you  call  forenoon,  or  attcrnoon. 

Hos.  U  as  it  all  spoken  uj)ou  that  chapter, 
upon  your  oath  ? 

Far.  Truly,  Sir,  1  think  it  was  upon  your 
tirst  text. 

L.  C.  J.  If  you  have  done  with  her,  let  her 
go  over. 

N 


STATE  TRIALS,  36  Charles  II.  i684.--7Wii/  oJ7%mm  Ramwdl,     [  IW 


! 

I 

■ 

I 


Ait*  Gen,  We  iKall  call  one  or  two  inotre  of 

his  uu<Uu>ni  at  nthcr  times^  that  will  g^ive  some 
ftecouiii  of  \m  way.  \\  here  ts  your  man,  Mr, 
Atterliun'  ?  VVhiiC  is  his  liuroe  ? 

AtUriur^.    P«tcr»    But  hereii  one  of  tbc 

Ait*  Gen.  Swemr  him  then.     What  if  bis 

nami'  ?     [He  una  sworn.] 

At t a  bury,   FUihtTt  Cout,  he  (^ys. 

Httovdtr,  \Vt;w  you  an  officer  m  this  place P 

QkiA:.  YeSf  in  St.  Mary  ^luuithu^s  1  was  ; 
8t-  Mary  Mfi^ihilpti,  UenuoiuUt^y  ^mrish. 

liccordcr.    VVeic  v«w    at  tlu  40!' 

any  procesjs  ai^ainsl  IlosewelVs  « 

OjoA%  It' it  uitrajse  you^  my  loni,  i  luii  .*  uar- 
^nt  vVoin  !»ir  Thomas  Jeniterf  to  nerve  ut  one 
t^c4tly*s  house,  a  luieklnyer  m  Hotiierhith  ; 
auii  tk  Urn  I  came  to  tin?  itoiis*;  to  sene  it,  tUei'e 
Wafc  fihut|«iiino€  ot'  peojile,  ajitl  a  gTeal  riot  was 
tnndp,  but  uo  bloi«s  1  cimiess  ;  hut  a  greitt 
tiiinwltoi'jw«jj)le.  that  had  not  J  ami  the  b«^dle, 
oneSttuiuel  Bennt^t  by  tiiime,  caused  the  peupW 
to  stiiml  clear,  I  i]u  not  kuo«v  but  there  might 
hiive  been  mischief  ilone*  Of  which  i*c  upon 
that  ffave  un  account  to  sir  Thomas  Jenoer, 
«i»l  he  hnih  bouod  some  of  the  |ieopU;  over  H> 
thcsesiiqrms. 

L.  C.  J.  VVhat  do  yon  mean  by  this»  geii- 
tlemen  T 

^^f*  Gen.  My  lord,  we  have  done  ;  this  is 
aijly  ahruit  Koiue  disturbaoces  tliat  the  king's 
otiiceni  meet  with,  in  executing  proceiis  atptiufl 
these  convtoitictes. 

L.  C,  J,  But  what  is  thiii  to  tht  prisoner  ? 

A(i.  Gnt.  Here  is  ^>me  woulif  have  him 
enlled  ;  but  {  eotifess  t»€  cannot  make  any  iis^ 
of  Itis  evidence  against  ihtp  pii^ner,  oidy  as 
to  what  is  bmitd  in  the  imlictineut^  that  he  did 
it  to  disturb  ihe  peaco-^  -^ 

L.  C*  J-  Pish,  that  is  uuthing,  the  officer  did 
hbdaty;  but  wliat  is  thai  to  this  biisineiis  ? 
Have  yoti  done,  j^^entlemen,  for  the  kifiy;  ? 

At  I.  Gcti,  Yi'«,  my  k>rd,  we  have  done. 

JL,  C.  J.  Then*  Mr.  Hosew  ell,  now  is  your 
time  to  make  your  defence  j  and  you  shall 
have  time  to  make  it  as  fuli  as  you  wdK 

Sim.  My  lord,  may  I  have  the  favour  to 
have  iho  ludictmcnt  read  aj^am  in  Latin  ? 

L.  C.  X    Yes,  yea,  if  you  wilL     Ilcad  it 
rain. 

Tjim,  I  huriihly  thank  your  lordahip,  only 
lie  words,  my  lord. 

CL  uj  Croun  [reads,]  '  In  (juadam  illlcita 

*  assf^Tubiat^  10  pru^cntia  et  uuditu  divensoruni 

*  aubdii*  dieii  Doiului  Re^is,  adtunc  et  ibidem 
'tllidtcet  sfditioise  asiieuiblat*  et  cong^reg^t", 

*  as2feruit  et  declaravit  <{Uod  poputu^   (s»ulMtil^ 

*  dicti  Uomini  Rvg'is  nunc,  intiuciido)  coaduna- 

*  tionem  ftcere  (Anj^lice  made  a  flock inu) 
'  tiicto  Domino  Re4;i  none,  bob  prxtexta  sa- 
'  nmidi   morbum    regni    (Ang;tice  the   king's 

*  evil)  ijuojI  ipse  (dictum  Doroiuum  reg-cm  nunc, 

*  itcrum  innuendo)  facere  nou  piilest  ;  sed  no« 
<  sumtiii  illi  (fieipsum  Thohiam  lloseweli  et  aP 
'  !iaiitio(>a!»  tt  proditor*  person*   innuendo)   ad 

*  9UOS  ilU  (ligeoii  subilil*  diet*    Domioi  regis 

*  uitac,  ioaueado)  debent  accedcre  '(Aoglicai 


*  flock  to)  ^uui  DOS  (seipsum  pni*diat'  Thomain 

*  Rosewell   el  at*    nedti'    el  prfwIit^H  *  fttwam* 

*  itcrum   innuendo)  unmus  sacerdotes  ct  pro> 

*  phctie,  qui  pr*^ibus  doiorcis  ip^orum  (lig^etM 

*  suUtit*  dicti  Oomiui  re:>is  uuui\  it^rrum  ttuiii* 

*  endo)    sanaremus.      Nos    {nubdit*  et   hg^eoa 

*  hujus regni  Ant;-li(c  innuendo)  habuionus  nunc 

*  duo«J  ini^Uus  leges  (!!)ereoi>sinium   r';tro1uni 

*  pruuuui  It  u  per  regem  Anglta*,  et  <i 

*  num    rcgeui   nunc,   innuendo)   in- 

*  periniserunt  Uumauam  su|>erNttUoti<  j  :      vi- 

*  l^rlice   Popery)   itit^reili    (intra    hoe   ir^juifo 

*  A ngliu%  innuendo)   iu  eorum  • 
'' glice  under  their  noses)  i^oi  y 

*  luu)  pnioum  nu|>er  reyefu  Am 

*  J>omitiurn  rej^jem  uuut,  inuu^  1 

*  po&iunt  ad  nullam  perjionam  i... .  — .  ..^.j — 
^  i>imutn  Jei'ohuam,  El  si  i|»si  (<Livera^  iua)«- 
*'  disiposit'  i-t   &edit*   person^  adtunc  et  ibidvm 

*  cum  prefiii'  Thomam  Rosewell  ilhcite  ct  §«- 
'  ditio«t'  a^^emblat^  et  congregat'^  rxisttn'  in. 

*  nuendo)  ad  lundameutar  ipso  runt 
'  rent  (An>;:hce  would  atactd  to  their  ^ 

*  ipae  (seipsum  Thomam  R<jseviell  miiu 

*  noil    timeUat    quio    ipsi   (seipaum 

*  Bo'tewell    et  pnedict   inaledispos'    et 

*  person^  sic  ut  pretertur  aMcmbhi*  inauendd 

*  m«micos8uo5(dictuTn  Dimunum  reu 

*  ct  li(reo&  »utHtit'   ipsius  Domini  r* 

*  innueudo)  vincerent.  *it  ut  in  p-^'^t' 

*  Ctjm  cornubus  ariet\  pal  mis  i 

*  broktti  platters)  el   lapide  in  iui  :_  ^  ...^...^ 

*  Siing)  ^c** 

Rt}i.  If  it  please  you,  ray  kirtl,  ihal  uhlrfi  I 
object  agamst,  and  desire  to  b* 
your   WdAhip,  is  thi»  ■,    1  ao> 
dpeakingwo*^  abfmt  flocking  10  ii 
cure  lb e  king^s  evil  ;  and  it  is  in  t 
mcfit  called  ^  Morlma  Regni  Anglici,'  liiai  js 
ihe  disease  of  ihe  English  kini,'dom 

L*  C.  J*  No,  no ;  it  is  *  Morbus  Ite^ni,  An* 

*  glice*  ihe  king's  e*ilt 

}io»,  1  do    nut    understand  how    *  Morbiia 

*  Regni*  can  he  the  Kirtg's  evil 

L.  C*  J*  Therefore  because  th* « 
word  in  the  law  for  lliat  distent  1 
up  by  the  word  *  Attglice/  to  .si 
meant* 


f^o  a|vl 

rlptl 
ihey 


Ha$.  Btit.  mv  lord,  I  understand  there  arc 
proper  words  for  the  disease  ;  as  Struma^  und 
Snroftda^  Chose  are  proper  words  lor  ii,  not 
*  Morbus  Reffui/ 

L,  C.  X  Not  at  all  lu  law,  those  may  be 
tlie  wonis  used  amoiig  physicians  ;  but  in 
legal  pnH'ef*lin|^  we  are  to  ket»p  up  ejtacily 
to  the  lef;al  n^iittes  and  phrases  ;  and  w  her«  wc 
have  not  an  usual  iior«l,  then  we  help  it  iii|i  bj 
Anghce's :  and  so  we  here  express  thatiety 
dibtemi>er,  which  is  called  by  i\w  nanie  ol  ihc 
king's  evil,  by  a  wonl  framed  as  near  to  a  law 
plirase  as  we  can ;  and  to  shew  our  toeoiiing 
in  it,  we  add,  *  Anglice*  the  king's  eviL 

Rot.  My  lord,  IS  that  Ihe  phrase  ibil  it 
proper  for  jt  in  law  ? 

L.  C.  X  Yes,  yes,  it  is  very  well  eitpr 
to  shew  what  is  meant. 

HoicwdL  But,  loy  lord,  <  Mocbtis 


^181]         STATE  TRIALS,  36  Charles  U.  i684^>r  High  T^ra$mt. 
kin  Engiib  |if«|ii^j^be  disMse  of  tli«  kmg- 


i^  C  J.  It  iH  80^  ihe  Htsease  of  the  kin|r- 
4wn  ;  il'ibeybud  i'<iuo  n«i  fiirtbt-n  bul  lelt  it 
tet»  It  mtgbt  t.  lU'h  an  inter|>r^tatton 

ptttflponit.     Bi  the  words  nre  so 

iiiikiguoa&  iu  Li«fj(if  ihc'v  aio  rptlufcil  to  a  cer- 
taUMj.  by  (luUifitf  an  *  Atiifliee'  ii>  them, 

Rm.  I  t)iought  it  bad  b*«n  Anglici.  My 
Urd^  tbere  i«  another  ^*hra*e  that  I  obie<?t 
l^tnstf  it  says,  *  Nos  hiiliuiuiu:;  nunc  Juos 
*  alfBOt  Ri|?es  imitmil/  Vly  loni^  this  cannot 
he  uuikiifoni)  f^rtwo  liin'is  oni^  atler  auothcr  ; 
bill  innmnl  mnketsi  it  to  l»f  l»e»th  al  once, 

£.  C  X  ^f^>,  wehttvi*  had  uou  lotjether  two 

"      lliQt  w€  do  not  use  to  exiiress  so  in 


The  trcrds  do  tlius  sound  in  Eng- 


HfTf*  nrp  fwn  wm-ds  in$imul  and  itwwf 

^  time.     My  lottJ,  t 

Jiisuhile  tipon  the 

tUM  tin  >*    w  L*t  lU  wrre  spoken   by 

1  filill  liup  and  ahvays  must  deny  the 


.C'J'  Hetnkeitso. 

||({»T  ■■'■'  '  ■-'  t      -  -•    -rnivK 
I-  C*  X  I  (d  wrtli    your 

vvtili.     F'  v.,.,j^.. ^ ,.  I  that  you  said, 

VTeba*     I     V  iiad  tirti  wicked  kings  together, 

too)  ^il>  r»  >^ii*Jy* 

I  Rm*  H  that  he  an  Anglicism,  this  cannot  be 

)  L.  ^  .  if  it  t^  a  blunder  in  the  I^tin, 

.  t    of  your   making  ;    Ibr  you 
^AMiu  Eu^libh,  and  the  Indictment  in 
♦^Tiit'tJy  |iurs«e  your  Eughsh. 
^  Jln»    '*"  •! .  bert'  i^  anotlier  exprts- 

t  lhJ,  *  iifimanam   snper- 
ta  come  in, 
L*  i  hat  well  express<»d  ? 

H^,   i'is  *.  ,.,vi*i  may  be  superstition  in 

ife  worship  of  the  Cliifrch  of  Home,  and  yet 
ikdEitJi  Lwttir  liiin  '  we  call  Pnper>. 

L.  i  y  iif#,  you  siiy  rig^ht ;  but 

liicuii  I  the  same  r<^i^Hon,  as  the 

fmmtt  pktnuh/t    you    objrcteit    against    aliout 
but  R«tfTii.'     Beraii«c  *■  llomana  Super- 
*  is  such  a  general  word,  and  because 
!  jfCTcmi  supcniitions  in  the  Romish 
ieb,  abundance  of  them  ;  and   this  may 
'  it  onrcrtain ;  and  because  we   have  no 
wnrti  to  rYpretui  uhat  we  call  |H»pery  by^ 
there  la  an  Ang-Uce  put  m,  to  shew 
i  tf  Rirant. 
Sim,  Tben^  my  loul,  it  is  said  *  in  eoruni 

*  Oqiil»^f*-tn  ic   ll.il   rnrKl     IQy  lofd  ? 

L.  »  id'cr  their  nnses  f 

Roi  _<^t. 

£.  C  J-  IVftv^  bow  wouid  ycra  put  that  into 
latio,  uTirfr T  th^ir  noses? 

RiK  ,    iff  sbould  spcHk  aecording 

t^tbr  ^  of  the  Latin  of  this  Indict 

mtnt,  r  lordship  says  muKi  exactly 

p«mu'  ^Itsb,  I  wouJa  r«nd#r  li  *  sub 


[182 

L,  C.  J.  ^uoh  fieople  suffer  ccmTenticks 
under  their  nosfs,  •-  in  eonmi  couspcclu/ 

Just.  HoUimmf,   It  IS  tyiA  ymw  nose  thrit  5 

L.C,  J,  Sutler  relw'lluju  ui>der  your  no-si'S 
are  these  things  *  8ub  nsribus^^  or  '  in  co 
"  spectu  V 

Rtm,  My  lord,  ibis  could  not  po^sildy  \m 
spoken  of  the  late  kinqf,  and  I  his  Umu; ;  when 
the  preecdent  king  died  a  professed  zculous 
ProlcNUint ;  and  tiis  |ireseni  tnojosty  has  so 
oAen,  and  earnestly  declared  a^atnst  it* 

L.  C.  J.  We  know  that  rery  well  ;  but  yet 
withal  we  know,  it  was  the  pietonce  of  Fopery 
nnd  arbittaiy  powcr^  and  thoj^c  lUin^s,  tbut 
brought  tbut' blessed  Martyr  to  tlve  scaflToM  ; 
and  ihe  j^real  cry  now  at  this  day,  by  all  f^ic- 
tious  and  seditiou.'i  busy  iWlovvs,  is  ag^oiniit 
popery  ;  as  if  it  »v  ere  just  breakini;  in  upon 
us,  and  the  government  abctteil  it ;  when  it 
is  all  ffilse,  nothint^  more  uutiue  :  ilk:  Indict- 
ment calls  it  jo^  says  these  wortis  are  fipokea 

*  falso  cL  nialttiose  ;*  and  all  trea  ons  are  so* 

R4>s.  Then,  my  Inrd,  there  is  anolber  thing, 
^  8i  ipsi  starent  ad  FuudaujenLabai'ornnrt,  An    ' 

*  glicc,'  If  they  would  sland  to  their   princ 
pies,  or  principals ;  tor  I  know  not  how  it  la  ^ 
in  the  iiidii^tmeut.     Pray,  my  lord,  bowcoiucs 

*  Fundanientalta'  to  *i^nify  principles? 

L.  C.  J.  Their  firinciples,  that  is,  their  fouit* 
datjons,  or  fundan^entalii.     ^  U  the  fomid.itiun 

*  be  destroyeil,  uLat  ean  the  ri^jliltons  dof 
savs  the  Pialniist.     The  Latin  bible  cx]»re 
etb  it  b}'  *  Fundamcntalia,' 

liu$.  Then  il  is  *  si  ip«ii'  in  the  tliird  person ; 
now,  my  lord,  in  common  sense  that  mutt 
needs  reler  to  the  two  wicked  kin^that  were 
spokenofju^t  before,  or  to  the  king,  and  hl»i 
(subjects  sjHiken  of  atterwards  ;  and  then  sure 
it  cannot  be  treason. 

L,  C  J»  No,  *  they'  that  ig,  I  and  you  that 
are  here.     It  was  spoken  to  your  congrefj'a-j 
tion.     If  they  would  «itand  to  their  pnnciplcgJ 
then  come  the  broken  platters,  &c. 

Roi.  If  it  were  spoken  to  iliem,  and  of 
them,  itujust  have  been  *  you*  or  "^  we.'  Then 
it  is  added  in  the  end,  my  lord,  *  Fialis  l*a- 

*  tinis,^  broken  platters  i  your  lordbbrp  has 
remembered  me  of  that  wotd.  My  lord,  I  dk 
bear  that  Mrs.  Smith  did  swear  at  Kingsto 
assizes,  it  was  Pewter  platters. 

L,  C  J.  I  do  not  know  wliat  she  swo 
tbere  ;  now  I  am  sure  >hc  swears  as  it  is  in  tb 
Indictment. 

Roi,  2^1i$tress  Smith,  F*rav  did  not  yo 
swear  it  was  pewter  platters  nt  Ktng^stm  ? 

Smitft,  No,  I  never  said  othtrwifie  than  I< 
now,  and  that  is,  broken  platters. 

Roi,  1  did  hear  she  swore  pew  ter  then.  Bill 
my  lord,  I  conceive  if  it  refers  to  toe.  and  the 
people  that  were  there,  it  shoidd  have  lieen,  as 
the  former  sentence  is,  in  the  first  person  ? 
'  We'  bare  had,  &c,  hot  here  it  is  changed 
into  the  third  perion,  and  tberefore  caADOt  ' 
so  meant. 

X.  C\  X  But  it  plainly  ipeaksits  own  i 
ing,  that  it  \h  meant  of  the  people  there. 

Rm.  My  lordi  itien  as  to  the  luouenda**.  f  * 


18SJ      STATE  TRIALS,  36  Ch  arlbs  II.  l68i.-*7Viii/  oj  Thamai  Ihfiewtlh     [ISl 


I 


•ae  there  are  eijj^lit  or  ten  of  Ihem*  Whether 
Are  these  to  tn^tke  such  a  constnictinti  of  n 
iriiin*ti  tfn?Anin^,  whicli  doth  not  oihcrwisfr  siiiti- 
ciently  ap|Kiirf  as  td  briug'  a  mna  uuilcr  the 
guih  oftrrnsonf 

X,  C.  J.  t  i«ll  Tou  the  inedniintr  is  ptain  ; 
if  you  ftutl  lie,  such  f.)lse  trnitorsi  im  are  samJ 
to  be  ilicre  aisv^rtihtecl  \iith  you^  will  but  stnnd 
to  our  |>i  inriplt-M,  we  &h:ill  overthrow  and  de- 
stroy our  ciietnlei  ivith  brakcn  platters  and 
rani'S'hotiis. 

Hiir,  ItiSsaUl  here  *i [I'M?  won  timtUat<juin* 
— Of  whom  hhouti)  I  spenk  that  *  ifite  ?* 

/-.  C,  X  You  were  speakingof  \oiirseif  and 

ttmt  is  in  the  third  pcrsoo,  aad 
III        _      !  number. 

SoL  Ocn,  (Mr.  Finch)  No^  the  jurors  that 
find  thi>  Indict meiitiay,  that  he  said  so,  and 
thftt  niuA  be  lU  the  tliird  person. 

Hot.    Thnt  is  not  accordiuir  to  the  rest. 

Just.  IVithins*  'They/  is  the  people  with 
him;  and  '  he,*  is  he  himself;  thai  is  plain, 
aud  can  have  no  other  construction, 

Hoi»  Now,  my  lord»  will  your  lordship 
please  to  accept  a  froe  declaraUou  of  the  Irutli 
of  this  matter  r 

L,  C\  i.  Ay*  ny»  go  now  to  the  fact ;  now 
we  are  &r^t  o?cr  (he  exceptions  to  the  indict  - 
toeflt.  To  answer  the  fsct  is  most  proper  at 
thui  time. 

MotetvclL  Theti  here  in  the  presence  of  the 
great  God  of  Heaven,  the  rififhteous  jud^e  of 
all  the  enrth  ;  htfore  whom  yuu  and  f ,  and  all 
that  are  here,  must  one  day  a[i|>earf  at  llist  ter- 
rible bar  of  impartial  justice  (and  a  glorious 
tribunal  it  will  be),  to  give  an  account  of  alt 
thinjips  that  wa  have  done  in  the  body»  whether 
they  be  good  or  evil :  and  I  am  told  by  my 
blcsNcd  Redeemer  (who  shall  also  bo  my  judife 
that  day),  that  an  account  must  be  given  of 
every  idle  word  tlmt  I  ?»l)all  utter,  how  much 
more  lor  lying'  and  nnrjurVf  and  false- witness 
bearing?  as  \our  JoriUhip  (I  humbly  thank 
you  fhr  it)  dicf  very  seasonttblyiiug'i^.'Stto  tho<se 
that  have  witnesseil  these  thmgs  against  me  j 
1  say  in  the  presenoe  of  that  ^rreat  God,  and 
HHslionoumnle  b«»nch  of  rcvertjud  jndgea,  and 
you  gentlemen  of  the  jury,  ami  m\  dtJir  coun- 
try men,  lim!  have  been  now  sworn,  as  well  as 
retui  ncd  by  the  process  of  law  fitr  that  end  ;  1 
do  here  must  solemnly  declare  tlic  truth  luito 
you,  a:4  in  the  presence  of  this  God  I  shiiU  ao- 
Bvvi  r  It  h^^rmfWr.     Ami  I  shall  bt^yin  with  ibe 

I  t"  these  Wfirds  first,  where  this  in- 

II  uds ;  for  that  seems  to  rcler  to  some 
thinvs  of  the  laie  Ijioes;  and  aluo  to  my  trea- 
sonable intentions  now.  My  lord,  and  dear 
cotmtrymen,  because  I  lieaM  somclfiiu^  men- 
tioned as  to  the  lai^  unhappy  civil  warn  in  these 
nations ;  I  can  declare^  my  father  was  no  ways 
concerued  in  those  wars^*  fur  he  was  dead  lis- 

if        '       '  '  '  '    n  hut  a  child, 

■«  But  for  the 

.SI  MM,  1  N.iy  ?  that  is  Ion 
•^  r,  the  barbarous  u^tuxicr 

4^  ^._  _,^_  J  ^.,.^  Charles  the  First,  ^?hom 


I  had  once  the  happiness  to  see  the  ^oe  of, 

rather  the  unhuppiuess  tu  si'»^  in  rt-Sf»cetof  hifll 
condition  at  that  tiuj  r  under 

tree,  with  some  few  J.  m,  whirls 

very  much  atfrcted  itiy  httati,  UuMi^h  then  but 
young".     So  far  wus   i   fnmi  hfinir  ''^i*?  thai 
would  compare  him  to  Jev 
lordship  will  hear,  that)  I 
abhorred  that  art.     Fur  ni 
1  declare  in  tl»e  presc^nw  r ' 


bifll 


with  my  snul,  : 
I  could  do  him 
my  life  uv^-*  - 
at  bis  foot 
]  was  ouLc 


kJ,  [  woul  I 

■  .1...  it  ;    I     v; 

Mj<L  My  lord, 
la*-*  of  my  hfs 
for  declarin^T  tor  his  majesty  m  his  exile  ;  wbwi 
it  is  well  known,  few  durst  appear  in  thofit 
days  on  tlie  behalf  of  nn  injured  prince.  It 
was  objected  against  roe,  that  I  neve*'  pfnyeti 
for  Oliver  Cromwell,  that  had  iwurp' 
Fernm^-nt,  My  lord,  I  knew  he  stu' 
i  ;  11  ;   he  was  an  usurper. 

that  the  kingdom  would  n  t  J 

ptact:  nil  the  ri^^ht  heir,  our  itoxrr 
IS,  were  restored  to  his  right,  1  I J 

that  a  gihb<.t  sihuuld  be  set  ul  ...^ 
porch,  and  I  hanjfed  upon  it,  or  at  my   owi 
door,     I  preached  upon  that  place  of  siriptur 
Ezek.  XXI.  and  the  27lh  verse,  *  I  will  <*tc 

*  turn,  overturn,  overturn;  and  it  shall  bei 

*  more  until  he  come  whose  rig^hl  it  is, 

*  will  give  it  him/     And  1  declared   i 
sennon    the  several  ovtrtumtng;s    thni^ 
had  ^iventhern  then  in  powt-r.  And  tholl^ 
threatened  me,  yet  God  preserv<  '    ii| 
nt  home,  as  he  i^id  my  dear  sov'  ^ 
for  whom  I   have   prayed  many  unnMroi 
thousunds  of  times,     Aud  it  is  well  knowi 
mediately  after  his  majesty  ^s  happy  ri**t(i 
I  did  upon  one  of  his  majesty 'ti  days 
upon    that   subject :    *  For  th*'  itauk t 
^  of  a  bn<l  many  shall  he   the  y. 
I  preached  coiicerning  the  ex\ 
narchy,  which  I  shewed  to  be  the  cK 
l>est  of  ^iwerumentJi,   practised  alu 
where:  aud  I  proved  it  from   the   t 
the  great  God  of  Heaven,  the  mon 
the  world,,  down  to  someof  themeaii- 
of  creatures.     I  shewed  it  w  as  the  p 
God  had  s€'t  up  in  his  church,  app^' 
Lord  Christ  tu  be  the  kinjf  there  ;    ; 
ani^cls  there  was  the  prince  of  them  .  uiuuiti 
the   celei^tial  bodies,    the  suo  in  the  tin 
ment*^ 

£.  C*  J.  Mr,  BfiseweTl^  [  am  very  unwilUii 
togireyou  any  tnlen'uption,  becoUvSe  td'th^ 
dition  you  stand  in,  being'  a  prisoner  pk 
for  your  life,  U|.wn  an  accusation  of  hi^li 
son.    But  1  tell  you,  these  thin^fs  thatyot|| 
now  insisted  n(>on  are  not  at  all  toHlie  pu 
as  to  what  vou  are  br<mght  heixj  for,     Vvu  ai| 
not  here  arraigned   for  your  {|iioil  works,  bi 
for  yonr  evi!  works.     If  you  commend  yc 
self'for  two  hours  together  it  signifies  null 
farthings;  antl  the  gentlemen  of  the  jury  mil 
let  it  iro  for  notbin^^.     if  only  seni^s  to  ph 
your  humour  oi  talkiii^,  aad  captivate  the  ; 


STATE  TRIALS,  S6  CuAtitES  II*  1 684— /or  High  Treti$on 

I  ^t  it  is  not  At  aU  to  thepurpn^.  Keep 

tOfatter^  that  tt  is  iricumbent  upon 

to  ibe  biisifwfiw   you   Hre  iijion 

QQf  ^,.ft    ^.Ilo  jjcu  upon  our  oatlis, 

tld  vbo  are   a  to  ilie  govcrnmenl 

iftdllMi  hw  far  V  _  ilo,  to  sec  tbut  thiiiy:» 

ht^ooe  aeoonlingtD  bw.     You   are  not  here 

'  m  tor  votir  goo^i  Morks  ora*!- 

yon   had  never  done  worse 

Atv  ttaid  of  younidf.     But  liere 

^  tVir  IraittTfUts  |»reachm^at  one 

lace  imd  one  particular  iitne  ;  an- 

TUe  jury  niu^t  ^fo,  not  according 

'  '       ii'cordinj;  lo  the 

l^itd  in  this  in- 

"-»---  for 

■  ver- 

.  .^, , ,,..   .- .,_^  have 

you,  you  h:ivc   at  once  over- 

^^►od  you  ev<ir  did,  or  said  in  your 

bct4>rc. 

.fiat.  My  lord,  I  know  rrry  inrdl,  one  such 

fltCtMMi'is  eiioujfb  to  nuur  a  lil'e  of  former 

mmHimm,     Rut  thin  thai  1  have  said,  was  to 

•hnr,  liovt  •lit  those  thtngii  that  lht>y 

my  constantly  declared 


bav««ifton 
joikinitsit 

L  a  J. 
»lb<r 


•  e  of  people  to 

nljfbts  pardon,  i 

■mbittortsf:imit-  ^.,^..,  ........    ^^„,- 

l^rflii  :  bi3t  iti<>  ^vell  kno^o,  the  devil  has  not 

riidv  liislruiriLrits  ti>enn'v  f-n  Ijloodv 


(tiiuti  gratiited  and  advanced   by  hiin. 

p  «tircan  say  nothing;  to   wlratisal- 
I  of  Ibrxner  loyalty  ;  the   devil   surjirises 
wmmh/^^fh^^  things  :  'they  do  them,  as  tbein- 
Aditi'  liy  the  in^li^'aiioa  of  tbe  devil. 

Kw(  3ier  bel'ore  you, 

iitaf.   i'  ly  lor<l,  to  cut  ghort.     As 

In  idiA  buv  bis   mi^je^tyN  rctiim  :   I 

kmn  b*«!fi  '  ■   —  "  of  hi!$  days,  and 

pviliciilai '.  \  I  bave  always 

rifcjgnedat  _    ...  ...jon  i  and  I  did 

upon   one    of  itiose  days    preach  upon  that 

X.  C.  /.  And  nil  this  ^ig-nifics  just  notbinc^, 

1  upon  thiit  day  you  went  to  a  convenlicTe 
IfiinHtthe  taw,  and  preached  there;  which 
•bvw,  what  H  coniormiihle  man  to  the  govem- 
Bcni  and  tlie  law  you  are.  Yon  can  bavfj;  your 
OMlgfegilions  of  hundr^s  of  people,  aad  1 
^aW  not  what ;  now  t  tell  you  all  this  makes 
ftotlkiaif&gatiiflt  you,  nor  doUi  all  your  com- 
imidatiofi  make  any  thin^  for  you. 

Hdntr  My  )onl«  1  do  not  know  any  law  of  tko 
iJnvdthaiiij  ii^in"-'  * hiii^  the  Gosiiel. 

JL  t   X  \t 
b4  the  law  "'. 

Hat*  My  lord,  1  Uunihlv  conceive  it  is  the 
of  number  tliat  makes  the  trans^- 


tticles  to  preach,  ia 


:d. 


L.  C*  /.  f  I  is  not  only  a  circumstanee^  but 
l^tiifcata«ic«  to  pccach  m  a  convcutidei  a^d  all 
icuaj^lair. 


Rot.  If  yoti  call  that  a  tmus^ession  to  preach 
the  gospel,  1  humbly  acknowledge  myself  a 
transgT^or. 

L.  C.  J.  I  tf*1 '*"'*•♦'**  a  transgrresston  ;  bqt 
it  is  not  such  n  ^»un  as  that  for  which 

you  are  here  i  n  but,  hecausie  you  com- 

mend yourself  «o  much  ;  a  nian«  I  must  tell 
you,  thai  every  day  doth  noifirioosly  trans^resi 
the  ]a\i^  of  tlie  land,  iwvii  not  be  so  fond  of 
^viufr  himself  commendations  for  his  obedi- 
ence to  the  government  amJ  the  laws. 

Roi.  My  ford,  I  was  only  ^ayinif  that  upoa 
the  30th  of  January  1  pi-earhed  u]>on  that  text 
1  Tim.  ii.  1,2*  **  1  exhort,  theref«>re,  that  first 

*  of  all,  supplications,  prayers,  intercessions^ 
*'  and  fifivmg'of  thanks  be  made  for  all  men  ; 

*  for  kiiigii  ikiy\    '"  "^"  '  lie  in  authortiy  ;    thai 

*  under  iTiem  v  J  quiet  and  peaceable 

*  lives,  in  all  ^i .^ ml  honesty. 

L,  C.  J,  Amen  !   I  say  to  that  pe'tiUoli, 
Has.  Amen  !  1  am  sure  I  sity  to  it,  with  all 

my  soul ;  and  it  is  my  daily  prayer  to  my 
God  for  my  sovereign.  And  here  I  shewed, 
that  it  was  the  duty  of  subjects  to  pray  for  their 
prince 

L.  C.  /.  I  tell  thee,  I  care  not  a  farthings 
what  I  by  text  was,  nor  thy  doctrine  ;  I  wish 
vou  had  been  at  church  thougl),  and  been  con- 
Ibnuable  to  the  lans.  But  this  ls  nothiog  to 
our  business. 

Ros.  I  had  therein  a  sharp  reproof  and  in- 
vective against  tbo^e  that  instead  of  praying 
for  their  civil  head  cut  it  ofl';  and  those  that  de- 
sign and  plot  against  the  governtuent. 

£r.  C  X  You  did  abundance  of  goo<l  by  your 
sennon,  no  doubt ;  J  shall  not  .now  stand  to 
c^xamine  that* 

Ros,  So  far  was  I  from  harbouriog  any  trai< 
terous  thought 

L,  C,  X  Come,  come ;  all  this  is  besides  the 
cnshion;  eouietothc  matter  that  is  here  before 
us,  man.  1  would  not  restrain  you  of  any  part 
of  your  defence,  either  in  time,  or  any  thinj;^ 
else ;  but  let  us  not  have  the  time  taken'up  with 
that  which  no  way  concerns  our  question.  Our. 
business  relates  to  what  was  said  at  your  meet*. 
iug,  at  that  time  the  witnesses  speak  of. 

Roi,  Then,  my  lord,  as  to  the  truth  of  this 
particular  case,  I'shall  now  declare  all  that  past 
then  ;  as  in  the  presence  of  that  God  who 
search eth  the  heart,  and  trielb  the  reins,  and 
who  shall  judge  us  all.  U^»on  the  14lh  day  of 
♦September  last,  I  did  preach  to  some  people 
that  were  met  at  a  friend  ^s  bouse,  one  Capt, 
Daniel  in  Rotherhith  :  and  as  my  course  hath 
been  to  exnouud  the  Scriptures  Ttomake  them 
tinderstand  them),  I  was,  my  lord,  that  day 
u[ion  the  *2nth  chapter  of  Genesis.  The  chap« 
ter  is  about  Abraham  and  Abimelech  king  of 
Gerar.  Now,  my  lord,  will  you  please  that  I 
shall  <leliver  to  you  what  ^va^ said, by  repeating^ 
it  by^  word  of  mouth  ♦  or  read  it  7 

L.  C.  X  Ijfo,  lio  ;  I  do  not  desire  any  of  your 
expositions,  or  nreachmeots ;  answer  tt/  the 
lodicUneut,  ana  what  is  charged  upon  you 
there. 

Rat-  My  lord,  I  am  about  it,  in 


]87]     STATE  TRIALS,  $6  Charles  II.  i684 — Trial  of  Tkomat  Reaemett, 


what  was  renlly  said  ;  and  I  ask  the  favour  of 
deliver! ut(  in  court  what  I  then  delivered  to 
thein.  My  lord,  it  was  thus:  la  the  9d  verse 
it  is  said,  *  And  Abraham  said  of  Sarah  his 
'  wife,  she  is  my  sister;'  from  whence  I  ob- 
served, that  he  had  been  gfuihy  of  this  once  be- 
fore, in  the  12th  chapter,  when  he  told  the  very 
same  lie  to  Pharaoh  king  of  £gy  |>t.  And  thence 
I  raised  this  note,  *  That  a  goofi  man,  or  a 

*  friend  of  God,  might  fall  into  the  same  sin  once 

*  and  ag^n.'  And  in  proof  of  it,  I  brought  three 
or  four  uistances.  That  of  Lot  in  the  foregoing 
chapter,  his  falling  twice  into  the  same  sms  of 
drunkenness  and  incest  with  his  own  daugh- 
ters. T)iat  of  Samson,  in  the  16th  of 
Judges,)  and  there  came  in  the  mention  of 
Dalilah,  that  she  spoke  of,  she  only  re- 
memlters  the  name  of,  and  not  the  truth  of 
the  quotation),  that  of  Peter's  denying  his 
master,  once,  twice,  and  again;  first,  with 
a  he ;  seconilly,  with  an  oath ;  and  thii-dly, 
with  an  imprecation.  But  the  proof  which 
they  in  this  point  have  most  distorted,  is  that  of 
Jehoshaphat,  who  sinfiilty  joined  nith  two 
wicked  kings  :  first,  with  a  uicked  father  Ahab 
in  his  ex{>eidition  into  the  laud  of  the  Syrians 
against  liamoth-Gilrad,  2Chron.l8tli  chapter, 
for  which  he  is  reproved  as  a  gi-eat  trangressor, 
and  threatened  by  the  prophet  in  the  19th  chap- 
ter, and  the  beginning :  and  yet  he  afterwards 
joined  with  another  wicked  kins*,  Ahaziab, 
Ahab's  wicked  son,  to  go  to  Tarehish-  ;  as  ne 
mav  «ee  in  the  SOth  chapter,  and  the  latter 
end.  And  here,  my  loni,  is  the  whole  of  the 
bunneis  concerning  the  two  wicked  kings. 
In  the  presence  of  the  holy  and  great  God 
there  was  not  one  word  spoken  of  the  kings 
of  England,  either  kinif  Charles  tlie  first, 
or  his  present  majesty.  This  was  as  to  the  two 
widced  kings.  And  then,  my  lord,  I  came  to  the 
7th  verse,   which  has  these  words,  *  He  is  a 

*  Prophet,  and  he  shall  pray  for  thee,  and  thou 

*  shah  live.'  Upon  this  i  observed,  *  That  the 

*  prayers  of  God's  prophets  have  been  very  pre- 

*  valent  for  the  healing,  and  helping  of  others  in  a 

*  time  of  need.'  And  three  proofs  ]  brought  of  this : 
The  last  of  which,  was  that  of  the  ])rophet 
Isaiah^s  praying  for  king  Hezekiah  in  tlie  time 
of  his  great  and  dangerous  sickness.  But  that 
which  has  reference  to  this  business,  was  that  out 
ofthelKingsxiii.andthe  beginning;  '  When 

*  die  prophet  came  to  Bethel,  and  there  rebuked 

*  Jeroboam,  and  prophesied  against  the  altar 

*  there ;  Jeroboam  put  forth  his  hand,  and  shook 
'  it  at  him,  and  said,  lay  hokl  of  him  ;  uiioii 

*  which  tlie  king's  hand  was  dried  up.    Then*  • 

*  upon  the  king  intrcated  the  prophet,  that  he 

*  would  pray  unto  the  Lord  his  God  for  him, 

*  that  his  band  might  be  rcstnretl.  which  the 

*  prophet  did ;  and  the  king's  hand  was  restored 

*  again  and  became  as  it  was  before.'  And 
here  is  the  business  of  Jeroboam.  In  the  pi^e- 
pence  of  God,  I  speak  it,  there  was  not  any 
the  least  comparison  of  my  dear  sovereign  to 
that  accursed  wicked  pmoe  Jeroboam,  who 
made  Israel  to  sm;  No,  my  ver}' soul  trembled 
atthathougfauof  H  wImb  I  heard  it.    Upon 


this  head  I  had  this  sentence,  or  obser 
(which  I  will  give  you  to  a  word)  if  I  W( 
die  the  next  moment^  and  appear  before  tli 
rioiis  tribunal  of  the  heavenly  majesty, 
not  the  least  he,  or  equivocaaon,  or  prev 
tion,  *  That  a  godly  man's  prayer  ia  a 

*  reign  cure  of  the  king's  evil ;  whereb 
'  meanest,  or  the  pooresit  christian  may  gi 

*  and  serve  the  greatest  monarch.'  And 
not  my  saying  neither,  but  the  saying 
exjiositor  upon  that  veiy  place  of  seri 
out  of  whom  I  did  quote  it.  Nor  did  1 
of  it,  or  he  write  ot'  it,  with  respect  U 
pnilicular   disease   that  the  indictment 

*  Morbus  Regni,'  but  the  king's  evil  a 
king's  own  disease,  in  reference  to  Abime 
who  was  king  of  Gerar.  For  it  follow> 
the  close  of  the  chapter,  *  God  heard 

*  ham's  prayer,  and  healed  Abimelech  ai 
*■  his  house/  But  as  for  that  word  they 
of ;  'of  the  people's  flocking  to  his  majo 

*  cure  the  kiii'^'s  e\'il,  uliich  he  could  nc 

*  and  that  we  were  priests  and  prophets  to  ^ 
*tlicy  -imst  come  for  cure  ;'  in  tlie  presei 
the  eternal  Ood  ll;ere  was  not  a  word 
Then,  my  lord,  for  that  of  the  rams-h 
I  shall  observe  linw  that  came  in  by  and 
but  first  I  will  premise,  that  all  this  tha 
been  now  spoken  of,  was  ujion  the  expo 
of  that  chapter  in  the  morning.  In  the 
Boon  I  preachcil  upon  a  particular  text ;  1 
yith  the  reading  of  a  Psalm  and  a  chaptei 
so  far  i  conceive  it  was  afler  the  rnanne 
usage  of  the  church  of  England,  whid 
joins  the  reading  of  the  scriptures  as  pari 
worship.  I  preachcil  upf)n  the  lltli  < 
Epistle  to  the  Hebrews,  and  the  19th 
(tliongti  one  of  the  witnesses  saiil  it  ^ 
l^lni) 

L.  C.  J.  She  would  not  be  positive,  b 
thought  a  Psalm,  she  could  not  tell. 

Rixt.  xMy  lord,  it  was  the  11th  of  If  el 
12.  the  words  are  these,  *  Therefore  a 
*'  there  of  one,  and  him  as  good  as  dei 

*  many  as  the  stars  of  the  sky  in  mult 

*  and  as  the  sand  which  is  by  the  sea-she 

*  numerable.'     Upon  which  I   had  this 

*  Tliat  tlie  great  God  can  effect  great  it 
'  by  very  small  and  unlikely  means :'  A 
(ot  one)\vhiit  was  less  than  one  ?  None  i 
And  this  one  too  as  good  as  dead ;  and  ve 
him  to  raise  as  many  as  the  stars  in  the 
and  the  sands  on  the  »«?a- shore.  What 
tilings  did  GchI  dfect  by  the  rod  of  M 
which  was  but  a  little  wand  in  his  hand 
yet  a  sign  and  symltol  of  authority ;  a 
sherifi's  white  Nta\  cs  are.  Never  was  tliei 
great  plaifue  to  be  sent  upon  the  enem\-  ol 
and  his  church,  Pharaoh  and  his  S^yj 
but  u|ioii  the  stri'tching  forth  that  little  i 
came.  And  so,  at  the  sieu[e  of  Jeriuho ; 
dreadiiil  dilapidations  in  that  great  city  d 
sound  of  the  rams-horns  make?  What 
rible  anny  of  the  enemies  of  the  Israelit 
Gideon's  small  host  destroy  with  a  few  b 
pots  or  pitchers  ?  (much  less  did  1  vm 
plattci-s,  or  pewter  dishes  5  M  I  have  be 


STATE  TRIALS,  S6CbARLE$  II.  i68t.— /or  High  Treason. 


[190 


31  tU  tiiiii  oi  lit  I 

liiKt  ft»  I   bfive  now 


t  iJac^  first  swure).  "  And  vrb^t  a  tfom^u* 
lipiit  dumiptoa  diet  Daviil  itrtke  tfoviii  wUb  a 
fUMUf  ta  «^  ttbu^  ?  And  Mrlttt  a  i^tonoas  work 
W^wf  I  ^-''l  ri»>i<it  tUe  sou  of  David,  itn  m 
liiscii  It  %%itb  a   little  clay  ajid 

tpillk  ;  i' ilirni  iijilhe  eyfs  of  one 

MlGO«Uii»t:li  &c?t\  itiAii  to  Open  tlie  v^sp^  t>f 
^born  l>liu«h  Noiv  here,  oiy  lurd, 
^liolc  truUi  »u  ibe  iircscucrc  of  the  cteniul 
Hrrr  yoiir  lorasUii*  sets  in  menUtm 
upmi  Uic  second  vejrse  of  the  '^Oth  ot 
'  t  of  two  wicked  Uiag?J ;  but  bow,  not  (ss 
t  ii)  with  any  reHeclmu 
:  '^Haud  ;  noi  were  they 
''  *:Te  sworn  thciu, 
rm.  Here  i« 
,  ->  tnjl,  and  of  Je- 
«t.  juunuer  a»  ihey 
nMntion  of  rams- 
iie  if)  u  liUnj,^ ; 
WtCHH  -  ;         ^ktl  to  the  i^o- 

f«fOiiA*niti  or  retcn xjice  to  tt,  or  refleclrun  upon 
it,  «c  the  lun;:f  mitl  thi-s  15  th^  truth.  I  have 
:  m  of  the  who?e  a^  it 
nay  see  htnv  mitch 
wrttches.  And  if 
.s  as  really  and  in- 
r  vvIkiI  «as  thiMi  said,  their 
•  if  con9<!iences  cjinnot  but  ^0 
,  and  roiitirm  %vhat  J  have  mid  j 
L  ott  ibftt  was  %t token  by  me  thtit  dur,  wan 
am  I  h»^^  rr'  '  '  '-.r  nboul  the  least  refle<Hioii 
r*J*!  inwfoTiiior  majesty  and 

<»  L  .or  either  of  theai^  or 

[t  ire  lEfyr eminent.     And  if 

^lL•rt>^  I  Jim  m re  there  will 
|f»?  I  yoa  wilHind  nnd  «ee, 

the  kinsr's  friends,  but 
^tiini  th«»s  have  ftvlsly  nccnsed  ftti 
,  faithful,  loynl  silbjef  t  of  treason  ;  a 
[•rh«*-h  my  ^*ry  souJ  flhhorBthelhoii^hrs 
In   fif*y»r  «hrrfof»   if  your   lofdship    will 
4  re,  1  uill  now  orill  my  witnesM«fito 
^ilh  of  nil  thiM  ttiatt*  r.     Atid  alW 
1^  coufe<5sion  of  the  truth, 
[  ^hall   call  ^vill  te^iitifv 
uMi  iru«it   in   my  jjitml  God, 
11,  my  dear   countrynwn,   see 
'  ■*■*!'  ot  ray  heart  in  whatever 
Me,      Ha**  I  l»efii  ^tltv 
ti  laid  to  my  chanr*',  Tl 
•,    Fray,  Mr,  Ciier,  call 

f^  C.  X  Ay  ;  cooie  eall  \f*%\r  witoe<!SP^. 
■"  n.  Ify  lord,  one  thioyr  ^  »ouhl  desire  to 
^^irik  lo   yocrr  Umhlnp.     Your  lontshiji  wm 
^Hlttntf  thill  i^hHi    I  declared  of  my  former 
li|fih')  "i>tr  ^^  whnt  tiK'  witne«»ies  have 

^tfAK*  (d,  I  hftre  read  in  a  trwe  hw- 

teiy  ^1  MMok  iiie  scrif^tureK  will  be  owned  by 
fmwao*  llMt  fcre  here  tu  be  ^u<^h)  of  two  false 
•itar^*-^  •*  ■  were  siK-h  ;  they  »re  called 
■»»i't  !    prt^y   God  thesic   be   ikH  i»c- 

•■■ttr  «**^    f»f    lielial)    that    «wore, 

*^3?«i»"'  nte  Gril   and  the   kinjf.' 

Llie^«Mt:' 
klmt  would  yon  have  of  us,  imj), 


Aay 


/{47<.  I  am  confident,  my  lord,  yoiir  loed^htp 
and  the  court  do  not  believe  he  itid  »o. 

L,  6\  X  Tlie  Scriptures  tell  us  it  was  not 
true  ;  Ho  vou  think  we  do  not  believe  the 
seriptui"efi»  beeanse  we  lU*  not  heur  yoti  (oeiich 
iu  your  oouveoiicleii  ?  We  do  behr\  c  tlR'  vcrip- 
lures,  iiiaui  and  \ie  livlicTe  too  iltey  have 
lieen  |jerverte<l  by  you,  and  other  (>eojde,  Iu 
very  ill  |»ur|>oses.  \  cs^  [  do  rumemlH>r  the 
story  of  NulMiih;  and  (o  Mhewyou  that  I  can 
remember  some  ludy  history  as  well  u«  you^  I 
can  tell  you  of  anotlter  story,  and  that  m  the 
titiiry  ol  8u«anua  and  the  elders,  and  there  nas 
I  irciinkstauce  of  time  imd  place  le?,tified  lo  i 
but  tt  seems  they  uere  deftciive  iu  ihrir  proof, 
and  thereby  discoverml.  You  would  do  w«U 
to  detect  I  be  witne^^ses,  if  you  can,  in  ^somc 
contradiciiou,  or  talshood  ;  that  will  ilo  yoit 
more  service,  than  harangues  uruJs}>eeebes. 

RosetL-ell,  The  God  of  Heaven  will  ilo  it  thii 
flay,  1  trust ;  far  to  hinu  1  have  opened  011 
cause. 

L.  a  X   Well,    well,  call  your  witi 
and  prove  w  hat  you  can* 

Ru&ewdl.  My  dtiiir  Reileetner  himself  wi_ 
served  so  \  nay  condemn eit  by  the  te!i|iiiioti| 
of  false  witne^es,     [Mr.  Hudson  came  i«.}  , 

L.  C  J.  Come,  here  is  your  wittiesa  ;  nhi 
say  you  to  him  ? 

HosvuelL  Mr,  Hudson,  were  you  present  \ 
the  meetinij;^  at  RoLlierhith  oa  Lord's  iJ^^  the 
14ih  of  September  last  ? 

Iiud$'m.  YeSy  H^r^  I  was  so. 

RosewtiL  Here  is  IVIm.  Smith  hatli  swor^» 
that  eiince  the  beginninir  of  August  we  had  il 
meeting;  iu  our  public  Meeting-house  r  Warn 
thei^aoy,  pray  &r  ? 

HuiliQn.  rhere  w&b  none  such,  tltat  I  kiiowoC 

Ro$ew€lt.  She  swears,  that  we  were  At  Iftie 
house  of  captam  Daniel  \Veldy*t»  the  )4th  of 
Sep  tern  IxT.     Was  it  so  P — Hudmn,  No,  Sir. 

RoMCwtlL  Vi  hat  pUce  wasi  it  then  ? 

HuU»vn,   It  wa^  one  cupluiti  Daniert;* 

Ln  C.  J.  That  is  the  same  nn  Ihey  say, 

R4f9rmeli.    The  tirst   witi»eH»,.AVlr;i.  feimilii/ 
said  captain  Weldy'if :    ioik-ed,  tlie  other  i<uil» 
cuptaifi  liun  el'ij. 

L.  C.  J.  8he  sM  she  wiis  ttild  yo,  but  she 
CKiold  not  tell  ;  but  «be  remend>er»  yoa  prayed 
i'iyt  him,  and  his  child  too,  who  wa«  theo  ill. 

HmcMcti,  Pray  8ir,  as  to  the  truth  of  the 
buAiness^  ;  Did  you  hear  me  speak  of  two 
wickeil  kujg«>  i  Thai^  my  lord,  iume  in,  I  say 
u{*on  the  M*eond  t  erse  ut  the  SOth  vf  Geueait^ 
which  t  ihtn  wai;  eitpouuding^. 

L.  C.  /.  Nay  oftk  him  in  ^oeral  what  be 
heard  you  say  ;  and  %vh«lhvr  he  heard  you 
aay  any  thing  of  two  kicked  kiu^,  and  what 
it  was. 

RmewetL  Ay,&bout  Ahah,  and  Ahaztth  hii 
son 

L.  C.  /.  Nay,  nay,  I  must  have  luioe  of 
those  thin^,  w"e  mtjht  hare  fair  questions  put; 
for,  as  you  tict.'  we  will  not  admit  the  king*i 
eount^el  to  }»ut  aoy  questions  to  the  witnes^es^ 
Dor  profloce  any  vutneases  i^aioat  you,  tliat 
are  lesdincTT  or  not  proper,  so  nior  mtiil  you  : 


1913     STATE  TRIALS,  36  Cbaklbs  II.  l6S4^TrUa  of  TXmum  Rofewell 

nborning  ;  you  did  only  expound^  as 
to  do  in  the  morning. 

X.  C.  J.  If  you  have  done  wii 
should  ask  him  a  question  or  twi 
vou,  1^,  Pray  what  time  did  thi 
beein? — Hud»on,  It  beffun  about  8  < 
L.  C.  J.  What  number  of  peopi 
think  there  were  there  ? 

Hudion,  I  cannot  judge  how  n 
were. 
X.  C.  J.  How  many  do  you  think ! 
Hudson.   I  believe  there  were  a 
40  or  50  there. 

X.  C.  J.  No  more  than  40  or  50  : 
Hudson,  Alas,  we  could  see  but  in 
X.  C.  J.  What  room  were  you  in  i 
Hudson.  I  was  in  one  of  the  chan 
X.  C.  J.  How  many  pair  of  stairs 
Hudson.  Two  pair  of  stairs  high. 
X.  C.  J.  Did  you  see  Mr.  R(Mewi 
Hudson.  No,  I  could  not  see  him  i 
X.  C.  J.  Was  tliere  ever  a  bed  it 
where  you  were  ? 

Hudson.  No,  my  lord,  th^  was  i 
X.  C.  J.  Was  there  a  dinner  time 
Hudson.  There  was  at  noon  a  res 
tic  while. 

X.  C.  J,  Did  Mr.  Rosewell  go  dov 
Hudson.  Yes,  my  lord,  he  cud,  1 1 
down  stairs. 

X.  C.  J.  Do  you  remember  any  i 
was  spoken  of  Samson  and  Dalilah 
Hudson.  Yes,  as  I  said  before, 
about  fcjamson's  goinsr  downtoTimi 
Dalilah  ;  shewing  nis  failing,  ho 
twice  into  the  same  sin. 

X.  C.  J.  Did  you  hear  any  disco 
canting  ?  Did  you  observe  he  used 
canting? 

Hudson.  No,  not  that  day,  as  I  ki 

X.  C.  J.  Did  you  ever  hear  bin 

word  ? — Hudson.  Yes  I  did  one  day 

X.  C.  J.   Ay  ;    What  did  he  say 

about  canting  r 

Hudson.  1  am  not  able  to  tell  y<» 
actly. 

£.  C.  J.  You  must,  you  roust  ind 
Hudson.  I  do  assure  your  lordshi| 
not  how  to  repeat  his  expressions  abc 
X.  C.  J.    For  look  you,  Sir  ;    th 
are  not  upon  your  oath,  because  th 
not  allow  it ;    yet  the  same  thing 
those  witnesses  before,  the  same  I 
you;  you  must  consider,  friend, 
here  to  serve  no  turn,  nor  party  ; 
the  presence  of  the  g^reat  God  of  El 
eartn,  who  will  call  you  to  account 
thing  you  testify  here ;    and  tliereibi 
any  subterfuges,  tell  lui  the  trutli,  and 
plain  truth  without  welt  or  guard. 

Hudson.  My  lord,  I  will  not  den; 
of  the  truth,  nor  tell  any  thing  that' 
i  know  I  am  in  the  presence  of  a  i 
of  justice,  and  in  the  presence  of  tl 
Heaven.  . 

X.  C.  J.  Tell  us  then,  what  111 
said  about  canting. 


But  if  you  have  a  mind  to  ask  him  any  ^ues- 
tifins,  what  he  heard  concerning  two  wicked 
kings  generally,  do  so. 

Hudson.  Upon  the  2d  verse  he  was  then. 

X.  C.  J.  Of  what  chapter  ? 

Hudson,  Of  the  20th  of  Genesis.  I  was 
then  in  (he  place,  and  writ.  He  was  upon  the 
jtad  verse,  and  concerning  Abraham^s  denying 
of  Sarah  his  wife.  Says  Mr.  Rosewell,'  Doth 
Abraham  here  fall  again  into  lying  ?  I  thought 
he  had  smarted  enough  in  the  12th  chapter, 
for  the  same  he  told  to  Pharaoh :  And  doth  he 
fall  again,  and  not  take  warning  by  it  ?  From 
that  you  may  take  notice,  that  the  best  of  God's 
children  may  fall  again  and  a|raun  into  the 
same  sin.  And  there  you  quot^  what  mis- 
chief good  Jehoshauhat  had  like  to  have 
brought  upon  himself,  by  joining  with  two 
wicked  kings  :  first,  with  wicked  Ahab  king 
of  Israel ;  and  after  he  was  reproved  for  it  by 
the  prophet,  yet  he  fell  into  the  saoie  sin  again, 
by  joinmg  with  Abab's  wicked  son  kins'  Aha- 
siah.  And  so  he  quoted  Samson,  who  got 
mischief  by  taking  a  wife  among  the  dauefh- 
ters  ef  the  Philistines  ;  and  yet  after  he  had 
felt  some  smart  and  hurt  by  it,  yet  like  good 
Jehoshaphat,  and  good  Abraham,  he  falls  into 
the  same  sin  again,  by  going  to  Timnah,  and 
taking  DaUlah. 

Roseweli.  What  said  I,  pray  upon  the  7th 
verse?  ^ 

Hudson.  The  7th  verse  was  concerning 
God's  appearing  to  Abmelech  in  a  dream  ; 
where  God  says,  *  He  shall  pray  for  thee,  for 

*  he  is  a  prophet,  and  thou  shall  be  healed.' 
And  there  Air.  Rosewell  spoke  concerning  the 
worth  and  value  of  the  prayers  of  God's  pro- 
phets ;  wherein  he  instanceth  in  one  thing,  that 
they  were  good  to  cure  the  king's  evil.  And 
be  Quoted  several  texts  of  scripture  of  the 
worth  and  value  of  them  ;  and  among  the 
rest  was  that  in  the  first  book  of  Kings,  the 
Idih  chapter,  and  6th  verse,  wherein  the  pro- 
phet came  to  reprove  Jeroboam  at  the  altar  at 
Bethel ;  and  the  kin^  stretched  forth  his  arm, 
and  bid  lay  hold  on  him,  and  the  king's  hand 
was  dried  up  :  UiM)n  which  the  king  said  to 
the  prophet,    *  Intreat  now  the  face  of  thy 

*  God. lor  me,'  and  he  did  so  ;  the  prophet 
prayed  unto  the  Lord,  and  the  k\De*B  arm  was 
restored  whole  as  the  other.  And  He  did  quote 
that  of  Hezekiah  too. 

Rosewell.  My  lord,  this  man  did  take  notes ; 
and  therefore  may  be  the  more  exact. 

Hudson.  Yes,  my  lord,  I  have  my  notes, 
and  can  read  them  at  large  ;  and  I  Jid  gene- 
rally write,  my  lonl. 

Kosewell.  Tiien  pray,  Mr.  Hudson,  will  you 
declare,  whether  you  heard  any  thing  in  that 
exposition  or  discourse,  concerning  rams  'horns, 
broken  platters,  and  a  stone  in  a  bling  ? 

Hudson.  That  was  in  the  sermon,  Sir,  in  the 
aflemoon. 

Rosewell.  She  swears  it  was  all  in  the  morn- 
ing discourse. 

Hudson.  There  was  not  such  a  wonl  in  that, 
m  1  know  of.    The  semoo  was  uot  in  the 


iSS]         STATE  TRIALS,  36  Charles  IL  \6U.—/ar  High  Treason. 


Hudmm.  He  was  speaking  of  the  wicked 
■en  of  the  world,  that  when  they  spoke  con- 
cmuag  serious  religion,  called  it  canting,  and 
«jra  he.  What  is  canting  ?  Canting,  says  he, 
k  a  whinioff  tone. 

L.  C.  /.  l>id  you  hear  him  speak  anv  thing 
coacerning  organs,  and  surplices,  and  white 
govu? 

Hudson.  No,  my  lord  ;  nothing  of  surplices 
Mr  whhe  govms. 

L,  C.  /.     Nor  any  thing  concerning  or- 

Hudaon,  No  ;  but  something  he  hail  con- 
cerning the  caihedrahi,  and  their  canting  tone 
there. 

RottwfelL  Will  your  lordship  accept  an  in- 
gfnaoo^  oonfeosion  from  me  myself  about  this 


i^  C.  J.    No,  no,  Mr. 

Jfbv 


Roseuell,  that  will 
_  __n  neither  acquit,  nor 
nnyourseiruv  these  thinj^  cither  con- 
1  or  denied.  It  is  your  witnesses  that  I 
■Ml  ask,  and  that  I  expect  an  account  from. 
Ihcidbre  I  ask  you,  friend,  and  pray  recollect 
yoaraeif.  How  was  it  that  he  talked  concerning 
lie  cantiiig  in  catheilrals  ? 

IfadboK.  Truly,  my  lord,  I  cannot  give  a 
later  deM^iptiun  of  it  than  1  have  done. 
fm  I  Mhher  do  particularly  remember  what 
iaeii  was  that  f  heard  him  use  that  expression. 
«R  on  I  tell  you  where  it  was  ;  neither 
■Imubsi  when, 
twntf.  Shan  I  tell  your  lordship  the  oc- 

LC.  J.  Why,  do  you  think  I  belicFc  any 
wmk  jm  mf^  notwithstaudiuff  any  iinpreca- 
tim  sr  aweratious  you  make  about  your- 
adf.*  IrsBst  aeithor  weigh  with  the  court  nor 
^jtrj:  we  roust  go  according  to  the  evi- 
Mse.  8t.  Peter  himself,  that  you  say  you 
■U  of,  denied  all  with  a  mat  many  asse? e- 
■iMs;  hut  that  denial  did  not  make  him  in- 
•MBl, DO,  it  was  his  sin.  80 allyour  imprc- 
■im,  and  assererations,  and  amnnatioi:s  of 
fwravB  innocence,  do  not  signify  one  farthing 
lM||i  cause. 

Jut,  Gen.  Hark  you,  Mr.  Hudson  ;  let  me 
9AymL  one  oacslwn,  Pray  when  Mr.  Kosewell 
iiifiphiiied  those  texto  of  scripture,  diil  he 
■t  Me  frequently  to  make  application  of  his 
T^Mkms  ? — Hudwn,  Yes,  my  lord. 

An.  Gem,  Then,  i>ray.  Sir,  •i'ier  he  had 
iAn  of  the  two  wicked  kings,  how  did  he 

%that? 
Imm.  My  lord,  I  will  tell  you  how  he  ap- 
|[|hiiL    After  he  had  made  those  quotations, 
[  t%i  he.  Take  notice,  if  Abraham  fell,  and 

ejchoshaphat  fell,  and  Samson  tell,  and 
Ml,  tlien  what  are  we  ?    '  Let  him  that 


take  heed  lest  he  fall :'    and  tliat 
I  the  appUcatktn  he  made  of  it. 
*ir.  Gen.   Do  you  speak  to  all  that  Mr. 
mD  spoke  in  that  discourse  at  that  time 
lUagtliese  matters  ? 

Udmn.  No,  Sir,  not  all ;   I  cannot  remem- 
1 :  Bat  the  substance  of  the  distinct  heads 


1 


^oux. 


[194 
how 


RosewelL  Tlien  about  the  king's  evil ; 
did  you  apprehend  it  was  meant  f 

Hudton.  My  lord,  I  do  not  believe  he  spoko 
it  with  respect  to  that  disease  which  we  call 
tlie  king^s  e\  il  ;  bocaiise  he  spoke^it  with  re^ 
femice  to  the  disease  that  the  king  was 
under. 

Roseudl.  Did  you  hear  any  thing  about  20 
guineas  ? 

Hudson.  No,  I  did  not  hear  a  word  of  any 
guineas  that  daj. 

Sol.  Gen.  Did  you  hear  him  say  any  thing 
about  the  people's  flocking  to  the  lung  ? 

Hudiun.  ^fo  indeed,  Sir,  not  I. 

Rosen efl.  Pray,  Rlr.  Hudson,  did  I  name 
the  word  priests  ? 

Uudsoti.  No,  Sir,  I  did  not  hear  yon  name 
priests,  but  ministers  and  prophets  ;  and  what 
a  judgment  it  was  to  have  the  proj^hets  taken 
away. 

Att.  Gen.  Pray  recollccl  yourself ;  Is  that 
a  phi-ase  they  use*,  ministers  and  prophets  ;  or 
do  not  they  call  themselves  priests  ? 

Hudton.  Miuistci*s  and  prophets,  my  lord, 
aYo  tlie  usual  words. 

Ait .  Gen.  Priests  is  the  word  I  am  told  they 
have. 

Roscrceil.  Then,  Sir,  pray  will  you  give  an  ac  • 
count  how  tiiat  about  the  ranis-horns  came  in  ? 

Hudwn.  That,  my  lord,  was  upon  that  text, 
xi.  Heb.  12 

RosLu't  f!.  Do  you  rcmendier  what  time  it 
was  ;  forenoon  or  altcrnoon  :' 

Hudson.  1  do  remember  it  was  in  your  ser- 
mon in  the  ailernoon.    Tlie  words  arc  these, 

*  Therefore  sprang  there  even  of  one,  and  him 

*  as  good  as  dead,  so  many  as  the  stars  in  the 

*  sky  in  multitude,  and  as  the  sand  by  the  sca- 

*  shore  innumerable.'  From  wliencche  raised 
this  note,  or  doctrine ;  *  Th:»t  the  groat  God 

*  could  by  very  small  means  bring  great  thinj^ 

*  to  pass.'  And  then  he  eamc  to  prove  his 
doctrine,  by  several  instances.  Says  lie,  \s  hat 
works  diet  God  do  by  Moses's  ro<l?  And 
by  Gideon's  broken  pitchei-s  routing  a  whole 
army  ?  What  great  works  has  God  done  by 
small  means  ?  That  by  the  stmnding  of  rams- 
horns  the  walls  of  Jericho  should  fall  down ! 
And  what  great  wonders  he  wrought  when 
David  slew  the  tremendous  giant  Goliali  with 
a  stone  out  of  a  sling!  And  what  great  works 
and  wonders  did  the  son  of  David,  our  I..ord 
Jesus  Christ  do  in  opening  the  eyes  of  him 
that  was  born  bliutl,  with  a  little  clay  and 
spittle  ?  The  application  of  that  was,  A  little 
grace 

L.  C.  J.  We  do  not  desire  to  hear  your  ap- 
plications. 

Smith.  My  lord,  if  your  lonlship  please, 
Mr.  Hudson  used  to  cxpouiul  liiiiiself. 

Hudson.  My  lord,  1  used  to  rcpcAt  what  I 
writ  in  my  own  family,  that  is  all. 

L.  C.  J.  Yes,  no  (Umhi  ho  is  ;i  most  cwvU 
Kilt  expositor;  th«Ti*  nrc  scvi-ral  poplr  tako 
upon  tliem  to  expound,  ih:it  vnu  lu'ither  rt'»d,  nor 
write,  lint  i»ray,  lVi»Mi:l,  ]•-•*  nie  ask  you  ot»o 
qncstiun   nion.''    W  us.  t tic  captain,  »t   v^huiitf 

U 


195]     STAT£  TRIALS,  36  Charles  II.  l684.— Tm/  of  Themoi  Rnemdh     [196 


bouse  you  were  the  14lh  of  September,  at 
home  or  at  sea? 

Hudson.  My  brd,  be  was  not  at  home,  but 
at  sea ;  and  is  still  at  sea. 

L,  C.  J.  Do  yon  remember  that  be  prayed 
forbim  attbattimo? 

Hudson.  Yes,  my  loni,  it  was  bis  common 
practice  to  jii-ay  tor  the  i'amily  wberever  be 
came. 

L.  C.  J.  And  did  be  pray  for  bis  son  tbat 
was  sick  ? 

Hudson.  I  cannot  tell  wbctbcr  be  were  sick, 
or  no,  I  do  not  renieinbortbat ;  but  be  prayetl 
for  the  fatbcr  and  all  bis  cbildreu,  ibe  wbole 
family. 

lioj.  Pray  did  you  bear  any  one  wonl  men- 
tioned of  the  Uinus  of  England,  or  of  bis  pre- 
sent majesty  britonly  in  prayinpf  fur  liim,  as  J 
bless  God  l  dady  ud,  tbat  God  would  gi\e 
bim  grace  nod  all  good  things  berc,  and  iiis 
glory  bercatier  ? 

liudson.  Not  one  word  did  I  bear  named  of 
the  kings  of  Kngland ;  nor  of  any  kings,  but 
those  mcntionetr  in  the  Scriptures,  tbat  were 
quoted,  the  kings  of  Israel,  and  the  like. 

Mas,  Was  there  any  word  spoken  abfint 
po|icry  being  permitted  to  cumc  in  under  their 
mwcsV 

Hudson .  Not  one  word  of  tbat  was  spoken, 
tbat  1  know  of 

1..  C.  J.  Did  you  bear  the  king  of  England 
mentioned  at  all  'that  day  ? 

Hudson.  Yes,  in  bis  prayer.  It  was  bis 
coii<itani  coin-se  to  pray  ibr  the  king. 

/-.  (\  J.    Ay  ;  what  did  be  pray  for? 

Hifdfion.  He  usi'd  to  express  *bimself  very 
heartily  in  prayer,  that  God  would  enable  bim 
to  rule  and  govern  the  people  under  bis  charge, 
and  bless  bim.  And  be  used  to  say,  God  forbid 
that  he  sbouhl  sin  against  God  in' ni'glecting  to 
prav  for  the  king. 

Jffos,  It  was  SamuePs  speech  to  Siuil.  Pray, 
Sir,  did  you  bear  that  ? 

L.  C.'J.  Nay,  nay,  ask  bim  what  be  did 
bear  you  nray. 

Jios.    bid  1  pray  about  opening  the  eyof?-- 

L.  C.  /.  But  you  must  not  open  your  wit- 
nesses eyes  :  Do  not  lead  bim. 

Hudson.    It  was  bis   common  practice  to 

{iray  for  the  king,  that  God  would  preserve 
lim  from  all  his  enemies. 
L.  C.  J.  And  we  say  the  same  thing  too. 
Hudson.  And  that  Uod  would  remove  all 
evil  counsellors  from  him. 
T..  C.  J.  Ay,  no  question. 
Hudson.  And  cstjihlisb  bis  throne  in  rigbte- 
ous-ness,  and  lengthen  bis  lite,  and  prosper  his 
reign  ;  and  he  uschI  to  pray  as  heartily  and  as 
savbinly  for  the  king  as  1  ever  heard  any  man 
in  my  life. 

Xl  C.  J.  So  there  was  praying  in  this  hall,  I 
reniemJMT,  for  his  late  majesty  ;  for  the  doing 
of  bim  justice :  We  all  know  wliat  tbat  meant, 
and  wliere  it  ended. 

Ros.  Mr.  Crier,  pray  call  Mr.  George  Hill. 
fWbo  came  in.]  Mr.  Hall,  were  vou  present 
iiiiis  i4ib  day  of  Sflcptember  at  Rotherhitb  ? 


Hall.  Ves,  Sir,  I  was. 

nos.  When  I  expounded  npoD  the  SOth  of 
Genesis?— Ha//.  Yes,  you  did  to.  Sir. 

lios.  Pray  will  you  lAfonii  my  Uwdi  wh«l 
you  beard  me  say  r 

Hull.  I  will  inform  them  to  the  best  of  mj 
tnemoiy. 

L.  (;.  J.  What  trade  are  you,  friend? 

Hull.  I  am  a  meal-man,  my  lord. 

L.  C.  J.  Well,  what  say  you  ? 

Hall.  The  I4tb  of  Septcmberlast  it  WW  m 
lot  to  bear  I^Ir.  liosewcli  expound  the  SOtt 
chapter  of  Genesis ;  as  it  was  nis  iisnal  ooune 
to  expound  a  chapter. 

lim.  It  was  not  of  choice,  but  taken  in 
course.  And  pray  what  do  you  remember  was 
said  by  me  atwut  two  wiekcil  kings  ? 

Hall.  Sir,  I  remember  vou  bitmght  a  scrip- 
tun*  cone<'niing  Jebosliapdat  joiniug  with  two  ; 
I  first  of  all  with  wicked  .\hab,  and  atierwanls 
I  with  wicked  Atiaziab  bis  son;  and  you  TOored 
!  it  out  of  2  Chron.  xviii.  chap,  and  19tn  and 
'iOtb  verses. 

lios.  Do  you  remember  there  was  any  one 
word  spoken  of  the  kuigs  of  England  ? 

Hall.  There  was  not  one  worn  of  hia  present 
niajesty,  nor  his  father,  nor  any  of  the  kings  of 
Kri'glaiid  ;  but  of  the  kings  ot' Israel,  Ahab  and 
bis  s<iii. 

lias.  Well  then,  concerning  Jeroboam,  what 
do  yon  reincm'ter  of  tbat? 

Hall.  As  to  Jeroboam — *  You  were  ex* 
pounding  from  the  7tb  verse  of  the  20th  chap- 
ter of  Genesis — And  in  the  0{K;ning  of  that 
7tli  verse  among  several  texts  of  scriiAnrCp 
Mt.  Itoscivcll  bad  this  Note,— Ilokl— nlaro- 
boani — 

L.  C.  J.  Ay,  about  Jeroboam. 

Hall.  My  memory  fails  me 

L.  C.  J.  Ay,  so  rperceive  it  doth  wonder^ 
fully. 

Hall.  As  to  Jeroboam,  be  brought  a  text 
from  the  2d  book  of  Kings,  the  IStb,  and  tba 
former  part  of  the  chapter.  There  was  a  man 
of  God  tbat  came  to  Bethel,  and  prophesied 
against  Dan  and  Iletbel,  and  there  were  theta 
wonls,  tbat  Jeroboam — 

Ros.  He  bad  bis  band  dried  up— 

L.C.J.  What  do  you  mean  by  that?  If 
your  witness  be  out  in  bis  story,  must '  jo« 
prompt  bim  ?  Go  on,  friend. 

Hall.  He  prophesied,  tbat  the  bones  of  tba 
priests  should  be  laid  upon  the  altar  and  bnmt» 
as  tve  rea<l  in  that  text  of  Scripture,  2  Kii^ 
13,  and  the  beginning.  And  Jeroboam  was 
there,  and  put  forth  his  hand — and  bid  some- 
body take  bold  of  him — Whereat  the  hand  of 
Jeroboam  dried  up. 

Ros.  If  it  please  your  lordsbipi  I  will  call 
another. 

L.  C.  J.  Ay,  ay,  you  may  set  bim  going,  fov 
he  IS  out. 


*'  *"  This  witness  was  wont  to  say,  that  i 
person  or  persons  pinched  his  legs  as  he  waf 
giving  bis  evidence,  which  oocaaioned  theao  frfr 
quent  breaks.'*    Orig.  Edit, 


197]         STATE  TRIALS,  36 Charles  IT.  l6U.—far  High  TnasoH. 


[19S 


HM 

fiiitfaer. 


If  it  please  yon,  I  can  g;o  a  little 
I   have    something  to  say.  as    to 


L.  C.  /.  You  had  best  go  out,  and  recollect 

jounelf;  you  haveforgoc  your  cue  iit  [i;-c- 

tent. 

Rm>  Mr.  Crier,  pray  call  Mr.  James  Atkin- 
son.   I^Vho  came  in.  j 

L  CT.  J.  You,  Mrs.  8mith,  I  will  ask  you,  (I 
wiH  not  ask  him  himsdf,  because  lie  may  ac- 
CQse  himself  by  it)  Is  this  the  miller,  at  whose 
bottse  oneof  the  meetings  \Tas  ? 

SmkL  No,  my  lord,  the  former  witness  Hud- 
son is  the  mtUer  where  he  preached . 

L.  C.  J.  Well,  what  do  you  ask  this  witness  ? 

Ro§,  3Ir.  Atkinson,  were  you  at  uur  nieetuig 
the  14th  of  September  last  ? 

Atkuuiuu  Yes,  I  was  there  the  11th  of  Sep- 
tember. 

Rot,  Were  you  there  at  the  beginning  ? 

Aikkuon.  I  was  there  from  the  beginning 
to  the  end. 

JL  C.  /.  Pray,  what  trade  are  you.  Sir  ? 

Atkinaon^  My  knd,  1  am  a  mathematical  in- 
stniment-mAker. 

Roi,  What  chapter  was  1  upon  ? 

AikiMMom.  The  SOth  of  Genesis  in  course, 
and  not  out  of  choice.  His  usual  custom  was 
lo  expound  a  chapter  before  lie  preached. 

Am.  Pray,  what  do  you  remember  was  said 
by  me  of  two  wicked  kings  ? 
"  Atkimon,  Of  two  wicl^  kings !  I  remem- 
ber that  was  upon  the  second  verse ;  how  Abra- 
ham said  of  Sarah  his  wife,  *  She  is  my  sister  :' 
and  upon  that  Mr.  Rosewell  had  this  note, 
'  That  a  efaOd  of  God  may  fall  into  the  com- 
^  miasioo  of  the  same  sin  again  and  again,  after 
^  be  had  been  reproved  and  smarted  for  it.' 
And  he  qooCed  several  instances ;  as  that  of  Lot 
committmg  incest  over  and  over  again  ;  tliatof 
Feter  denying  his  lord  three  times  ;  that  of 
Sampson  out  of  Judges  taking  two  wives 
uaoDg  the  Philistines,  one  after  another  :  and 
then  Quoted  tliat  of  Jehoshaphat  joining  with 
tvo  wick^  kinffs  ;  Ahab,  in  the  Qd  of  Chron. 
xriii.  chap,  anu  afierwards,  though  reiiroved 
bjr  the  prophet  Jehu,  he  joined  with  Ahab'b 
vidwd  son  Ahaziah. 

B4fi  Pray,  what  did  yon  hear  of  the  king  of 
EjHdaod? 

JUkinson,  Not  a  woni,  nnlcss  it  were  in  his 
Mycr ;  in  which  he  always  used  to  pray  earn- 
tM^  for  the  king.* 

Bm.  Wliat  do  you  remember  was  spoken 
iboot  the  king's  evil  ? 


Alkinson,  7'here  was  an  expression  concern- 
ing the  evil,  upfin  the  7tli  verse  ;  '  he  isapro- 

*  |»l)et,  and  he  shall  pray  for  thee,  and  thou 

*  Shalt  be  healed.'  And  lie  had  this  expression 
er  to  this  same  effect,  for  1  hope  you  cannot 
expect  1  should  speak  every  word  exactly  ;  but 
I  shall  endeavour  to  speak  the  sense,  and  the 
truth,  as  near  as  I  can,  and  nothing  else.  He 
said,  the  prayers  of  God's  prophets  were  very 
prevalent  for  the  hiding  and  helping  others  in 
time  of  need.  And  he  quoted  severalinstauces^ 
as  that  out  of  the  prophet  Jeremy,  xxvii.  chap, 
and  li^Hh  verse,  to  the  best  of  luy  remembrance. 
And  he  also  quoted  that  of  the  1  Kings  13,  con- 
cerning Jeroboam.  The  Prophet  came  tn  re- 
prove him,  and  Jeroboam  sfretclie<louthis  hand 
a^raiiist  Inm,  and  it  dried  up  ;  and  then  he  de- 
sired of  the  prophet  to  pray  for  him  ;  whidihe 
did,  and  his  hand  was  healed. 

L.  C  J.  Look  you,  what  you  say  may  be 
true,  and  so  may  what  they  sny  too  ;  fur  he 
miglit  say  both.'  \ou  user!  to  say  abundance 
of  g04Ml  things,  as  well  as  some  bad  ones; 
therefore  I  would  ask  him  this  question,  whe- 
ther lie  heard  any  thing  of  the  king's  evil,  or 
that  had  any  reference  to  the  king  of  Eng- 
land ? 

Aihlnson.  This  is  all  that  1  heard  that  comes 
to  my  memory  concerning  the  king's  evil : 
*•  That  a  godly  man  by  his  pnivcrs  may  help  to 
'  ciu'e  the  king's  evil,  and  thereby  f  the  poorest 
*  Christian  inavirratify  the  greatest  king,'  as 
says  our  Knglish  Annotator  upon  that  7th 
verse  ;  but  I  never  understuud  hira  to  mean  it 
of  the  disease  of  the  king's  evil. 

llos.  Do  you  remember  that  I  preached  in 
til  is  discourse  about  rams- hums,  or  broken 
platters? 

Atkinson.  J  did  not  hear  of  any  stich  thing 
tliatof  J  upon  all  that  chapter. 

L.  C.  J.  Hut  4lid  you  hear  him  speak  of  any 
such  thing  at  all  that  day  ? 

A  t  lunsoii .  Y  ex,  i  ny  Ion  I ,  I  did . 

L.C.J,  Cuinc  then,  let  us  have  it.  \S\u\i 
was  it  ? 

Atl.insvH.  His  course  was,  after  the  exposi- 


*  See  in  this  Collection  the  Arguments  of 
Mr.  Erskine  and  other  counsel  upon  thepro- 
pQMd  Eiamination  of  Daniel  Stuart,  when  call- 
ed for  the  third  time  in  the  Case  of  Hardy,  a.  n. 
17M.  See,  too,  the  like  examinations  in  lord 
Kmell's  Case,  vol.  9.  p.  596,  in  Mr.  Hampden's 
Cms,  vol.  9,  p.  107 1,  of  this  Collection.  See  abio 
the  two  first  questions  which  Fitzharris  put  to 
Smith,  v^.  8,  p.  S50,  all  which,  among  others, 
aie  referred  lo  by  Mr.  Erskinc  in  his  ui^ment 
ia  Hardy's  Case  as  above. 


tion,  to  preach  a  sermon. 
Rt)s.  Was  it  in  the 


furcnoen,  or  in  the  after- 
noon ? 

Atkinson.  Tt  was  at>er  the  exposition ;  he 
nraycd,  and  then  ceased  fur  a  quarter  of  an 
liour. 

Rus.  Was  it  distinct  iu  the  afWnoon  ? 

Atkinson.  It  u  as  another  di^^inoi  discoarse 
after  the  people  had  receive;l  some  refection  iu 
the  af>ernoon  ;  I  cannot  toll  exactly  t!ie  time. 
Hut  the  discourse  was  preached  from  Hub.  xi. 
1'2.  1  suppose  that  i  need  not  repeat  the 
wonls. 

L.  C.  J.  No,  no,  1  care  not  for  that. 

Atkinson.  Rut  he  thence  raised  this  doc- 
trine, *  That  the  great  God  canetfeet  gieatmat- 
'  ters  hy  very  unliKely  means  ;'  and  he  instanced 
in  several  particulars  to  prove  it.  As  the  mira* 
cles  of  Ciod  wrought  by  Moses's  rod  -,  and  the 
wallsof  Jericho  falling  down  at  the  soiuid  of 
rams- horns,  in  the  Oth  of  Joshua  ;  aud  then  ht 


Rot,  Yes,  I  own  it  was  lo ;  Init  not  at  the 
other  witnesses  swear. 

Atkinson.  Truly,  my  lord,  I  woaM  not  tall 
our  tittle  of  a  lie  ;  to  the  best  of  my  remem- 
branee • 

Sol.  (ien.  Pray,  Sir,  let  me  ask  you  one 
qiiestiuii :  I  sec  you  are  very  perled  ia  the 
proofd  of  the  serjiion  ;  did  voii  take  notes  that 
day  ? — AtkiriMtn.  No,  I  did  not,  Sir* 

}iol.  Gen.  Can  you  remember  then  any  one 
observation  that  he  made  u|ion  any  other  verse, 
d  he  nwke  upon  the 


199]    STATE  TRIALS,  36  Charles  II.  16*84.— Trtir/  ofTkman  Itmrntt,     [SOO 

quoted  that  of  Ciideon,  a  dreadful  rout  of  a  preat 
army  by  a  few  earthen  pots  ami  pitchers ;  and 
what  a  tremendous  champion  diet  David  smite 
down  with  a  slinc^  and  a  stone  ! 

Rm.  I  have  this  one  question  more  to  ask 
you ;  did  yon  hear  me  s|icak  any  tfiini;  of 
standings  m  their  principles  ? 

AlkiuHon.  Not  one  word  :  ami  I  was  there 
all  that  live-lonr;  day,  from  be^innin^  to  end. 

L,  C.  J.  Then,  Sir,  I  would  ask  yon  a  ques- 
tion or  two,  if  Mr.  Uosewcll  have  done  with 
you  ? — Ros.  I  have,  my  lonl. 

L.  C,  J.  Tniy,  what  mom  were  you  in  ? 

Atkinson.  I  was  in  the  same  room  that  Mr. 
Roscwcll  was,  he  stood  at  the  door. 

Xn  C  J.  "VVhaf,  one  pair  of  stairs  ? 

Atkinson.  Yes. 

£.  C.  J.  is  there  not  another  room  littwccn 
the  floor,  or  the  ground  room,  and  that  you 
were  in? 

Atkinson.  Yes,  Sir ;  there  is  another  little 
room,  a  little  lower  than  that. 

L.  C.  J.  Was  there  a  bed  in  that  room  you 
were  in** — Atkinsim.   Yes,   Hir. 

X.  C.  J.  Did  you  sit  upon  the  bed  ? 

Atkinson.  I  did  sit  upon  the  bed  sometimes. 

L.  C.  J.  Had  you  a  mourning  cloak  on  that  ' 
day  ? — Atkinmhi.    Yes,  i   iiad.  I 

L.  C,  J.  Had  you  a  mourning  hatband  ? 

Atkinson.  Yes,  I  had 


JL  C.J.  Do  you  remember  who  sat  by  you  ? 

Atkinson.  No,  my  lord,  I  do  not  know. 

X.  C.  J.  Do  vou  remember  any  iKMly  gave 
you  your  Ixjys  shoes  from  uuder  the  bed  ? 

Atkinson.  Yes,  my  lonl ;  but  1  cannot  tell 
who. 

L.  C.  J.  ^\  ell  then,  I  ask  you,  did  you  hear 
any  mention  m:i(Ie  thiit  day  aliont  Dalilah  and 
i^amson  ? -^Atkinson.  Yes,  my  lord. 

L.  C.  J.  You  did  ? 

Atkinson.  Yes,  my  lonl,  as  an  instance  of  a 
good  man's  falling  twice  into  the  same  sin. 

L.  C.  J.  Did  you  hear  any  mention  made  at 
that  time  concerning  any  other  matter  that  you 
renu-mber .'' 

AtkinMn.  My  lonl,  that  i>f  Samson  and  Da- 
liiaii  u  as  one  of  the  instances  that  I  repeated 
iHjfore. 

L.  C.  J.  Mrs.  Sniitli,  was  it  the  same  day 
that  he  spuke  nbout  canting  ? 

Smith.  Yes.  it  was. 

/*,  C.  J.  Dtiyou  remember,  friend,  any  thing, 
that  W!is  s|M»ken  by  him  that  day  concerning 
church -nuLsic  ?      ' 

Atkinson.  No,  my  lord,  not  a  word  that  day 
that  I  know  of. 

L.  C,  J.  Did  }on  hear  any  thing  about  cant* 
Ingthat  ilav  7— ^Atkinson.  Sio,nota  won). 

L.  C.  J.  )>i(l  y)n  lii'ar  him  talk  any  thing  of 
surplices  or  \*lii'le  gowns  .^ 

Atkinson.  No,  my  lonl,  not  one  woni  all 
that  day;  but  that  of*  Samson  and  Dalilah,  my 

/..  C.  J.  \uu  remember  that  ? 

Atkinson.  Yes,  it  was  on«;  instance  of  a  good 
man's  committing  the  same  crime  once  and 
fltgain. 


Pray  what  observation  dkl 
eighth  verse  ? 

Atkinson.  None  at  all. 

Sol.  Gen.  What  upon  the  12th  or  13th 
verses.'* 

Atkinson.  I  cannot  tell ;  I  can  apon  tfae5di. 

Ros.  Will  your  lordship  give  me  leave  to  ac- 
quaint you  with  that.' 

Atkinson.  He  only  explained  that  which  was 
difficult ;  but  when  it  was  a  little  historieal, 
he  on I3' read  it.  But  what  he  observed  upon 
the  second  and  the  seventh  verses,  was  the  sob- 
suncc  of  the  whole  exposition  almost. 

Att.  Gen.  Has  noluidy  read  the  notes  of  thai 
sermon  to  you  sinei^  ? 

Atkinson.  I  endeavoured  to  recollect  my- 
self, after  I  heard  Mr.  Roseweli  was  aocnsed ; 
and  writ,  what  I  could  remember,  down. 

Att.  Gen.  But  did  any  body  read  theur  nolei 
to  you  since  .•* 

Atkinson.  No,  indeed,  there  has  nobody  read 
any  notes  to  me. 

Att.  Gen.  Upon  your  oath  how  came  you 
to  remember  the  word  Tremendous  T 

L.  C.  J.  lie  is  not  upon  his  oath,  BIr.  At- 
torney. 

Atkinson.  Because  when  he  made  auch  short 
notes,  I  endeavoured  to  remember  then;  1 
thank  God  I  have  a  pretty  good  memory. 

Att.  Gen.  Ay,  upon  my  word,  a  very  strong 
one. 

Atkinson.  He  did  use  the  word  '  Tremend- 
ous champion.' 

Recorder.  Had  you  and  Mr.  I^udsoa  any 
discoursf*  about  this  matter  since  ? 

Atkinson.  Yes,  Sir,  we  might  talk  what  we 
did  remember  to  one  another. 

Sol.  Gen.  Did  he  write  down  the  aennoa  ? 

Atkinson.  Yes,  1  suppose  he  did  ;  but  I  did 
not  sit  l>y  him. 

Hos.  Mr.  Crier,  Pray  call  Mr.  William  Smitb 
[Who  came  in.]  Were  you  at  thia  meeting 
the  14th  of  September  last  ? 

Smith.  Yes,  I  was,  Sir. 

Ros.  Pray  will  you  acquaint  my  lords,  what 
you  heard  me  say  there  Y  What  chapter  did  I 
exjMund  ? 

Smith.  The  20th  chapter  of  Genesis. 

Rns.  What  do  you  remember  of  it  ? 

Smith.  I  remember  the  chapter  coooenied 
Abraham  and  Abimeleeh. 

Ros.  What  did  you  hear  of  the  people's 
flocking  to  the  king  to  cure  the  king's  eril  f 

Smith.  1  heard  no  such  word. 

Ros.  Or  that  his  majesty  could  not  cure  the 
king's  evil  ? 


1 1  STATC  TRIALS,  S6  Cit ABLES II.  l684.— /or  Higk  TnatM. 


[SOS 


Ko,  Sir,  liot  a  word  of  it. 
Did  Tou  Ucar  any  tbb^  at  all  concera- 

ik.  Str.  I'oii  iriil  liuote  st^mclbbg  out  of 
^•imolat  :4^s  evil. 

Ao«*  Uo  ^  ;  >vhut  ttiat  was? 

Smith,  I  uaanul  reineutber  it  Mty  at  length, 

Ri  I-  i!  you  uodfrslaiiij  it  a<i  mc^nt  uf 

Ihtki  ,    vr  of  the  evil   of  A  hi  lae  lech 

Smiths  1  did  not  understatid  it  of  ttie  diseaie 
s^CAlied  ;  but  of  the  evil  nf  Ahimelecb. 

Jto$€4f)tiL  What  did  \ou  hetir  coitcernitig 
|mils  aod  prophets  ? 

^mitL  You  s«id  it  was  the  function  of  tbe 

^  fiPuv   lor  ihe  |)00|lk*, 

II  you  remember  was  said 

OC  two  \\\' 

Sm  ii«i  n»;ike  menlioiiof  two  wicked 

lan^«  '\  Aha/.»»fi ;     tJiat  Jehoshanhat 

'h  them  one  after  atiather, 
reatiy  thiti|^of  tbe  kingn$ 
•f  Ellfiatid,  or  ui  uiy  Hovertigu  f 
SbdiA,  N*>,  lint  at  alt,  Sir. 
X-  L\  X  Did  you  hear  anything  concerning 
Jerobuun  ? 

Smm,  Y«>thtifJ^  *"-i^  ^tretchcKl  forth 
|hs  liaml*  and  hi%  hiria  i  ;  and  tin*  ]iro- 

fl»t  pnyed  for  him,  ..i.-. ...-  .-.iad  was  restored, 
L-  C  J,  Did  you  htar  any  lliiugin  the  ex- 
^tallififi  ^ifltn^lrn  i»Itrhi'i'&,  I  meaii  in  the  forc> 
OMv  1  iiunk  nut* 

L.  i  I  .(  juu  hear  of  tbeiD  ;  and 

mhmf 

SmitL  To  tlie  beat  of  my  remembrance*  it 
^tm»  m  tJte  allemoon  ;  That  God  could  tlo 
gfWil  oMUcfs  by  smalt  means  ;  and  sou  quoted 
jmtll  i4ifti||^.  I  did  not  stand  weft,  so  tliat  1 
'1  imtbetf  all  the  f>articulars. 
X*  C»  X  But  whtit  did  you  liear  ? 
lUteweiL  Pray  did  you  hear  any  wortl  ot 
ortir  '  *  f'Hr  principles,  or  of  overcoming, 
that  I  '/i.  iNo,  I  did  not. 

Jii  "     If  seeuiA  ) oti  did  not  stand 

ia*L  ir. 

liiL  '  1  ler,  pmy  call  Mr.  William 

&t(«».    [  W  hich  ho  did,  but  lie  did  not  appear  3 
Crier    Hi?  is  not  here,  Sir. 
Km^&ttL  Pmy,  8ir,  csiil  Mr.  Cieorvre  Hales 
AcB.     [Wb'>  came  in.]      Were  you  this  I4th 
liy  ' '  kT  at  ihia  meeting.  Sir  ? 

li  I  was,  8ir. 

hoica^l.  Ucre  yon  there  from  the  begin- 
»!»  tbe  end?^>ftf/ef,   Yes,  1  w»^,  8ir. 

nfmewtU,  Pray  llieu  will  you  tell  my  lord 
ute  you  heard  me  say,  with  refereuce  to  flock- 
ifigtDtlie  ^'' '/    >-  'T'"v-   »«.  kiugf'j*  evit 

Buiei.    I  you  sliould  say 

«f  {i#op)e'>.  ;i-  „  ,,  :.  :....-  ;  but  you  were 
iMkiaiC  of  tbe  king's  i*vd,  and  that  was  thus  : 
Jly  lonl,  it  was  fr<no  tbe  7lb  verse  of  tbe  20tb 
CUJMtr  of  Geiiestis,  He  ik  a  ]»ropbet,  and 
•Inil  prmy  for  thee,  and  thou  shalt  be  healeiL 
God  ia  speaking  to  Abimelech  in  a  dresiui  j 
ud  iiWr  a  httle  uaraphra^  upon  the  words, 
He*  RowvrtU  aid.  That  a  godly  man's  prayer 


waa  a  sovereign  cure  for  tha  king's  ovil ;  and 
quoted  somescripture  instances,  an  in  1  Kingly 
where  God  having  sent  a  insui  of  God  to  re- 
prove Jeroboam  for  hi«  idolatry,  he  atn-tcbed 
out  his  hand,  and  bis  band  withered  ;  and  he 
desired  tbe  prophet  to  pray  to  the  L<ird  bis  God, 
that  his  hand  inigbt  be  restored  ;  and  accord  > 
ingly  it  was  accomplished. 

HQUiiidI*  Did  you  hear  any  thing  of  the 
kings  of  England? 

Hiilu,  No,  not  one  word  all  that  day  ;  only 
you  prayed  for  his  majesty,  as  you  used  to  do. 

lunevfeli.  What  do  you  remember  was  said 
about  rams- horns  > 

Hale$.  I  remember  you  were  preaching  out 
of  tbe  xi.  Heb.  12,  and  thewot^a  wereUiese, 

*  Therefore  sprang;  there  of  one,  and  bitn  aa 
*■  p^ood  a^  dead,  as  many  as  the  stai-s  in  the  sky 

*  Tor  multitude,  and  as  tbe  sand  upon  the  sea 

*  shore  innumerable/  From  whence  be  had 
this  observation,  That  God  is  able  lo  bring 
great  matters  to  past  by  small  means.  And 
so  accordingly  Mr.  flosevicll  instanced  how 
the  walls  of  Jericho  were  shoi^tk  down  by  tlie 
sounding  of  rams- horns  ;  or  somotlung  to  that 
puroosc. 

Kit^eircU,  What  do  you  remember  of  broken 
platters  ? 

Hates,    I  remember  you  brought  In  an  in- 
stance concerning  Gideon,  and  I  tbink  it  wi 
thus,  that  by  breaking  a  few  earthen  pitch€ 
he  rouletl  a  great  army. 

lioxcwtiL  And  so  'of  a  stone  and  a  sling* 
But  was  there  any  thing  of  standing  to  prin» 
ciples  ? — Haitt,  Sot  a  word* 

L,  C*  S,  As  yon  heard  ? 

Hules.  That't  heard. 

L,  C.  J.  Or  that  you  remember  ?  ^ 

Ua!c$,  Yes,  my  lord.  But  you  said,  What 
a  tremendous  champion  did  Darid  slay  with  a 
sling  and  a  stone* 

/>»  C.  /.  Did  you  lake  note*  f 

Hates.  No^  my  fowf. 

L.  C.  J,    Then  pray  bow  came  you  to  i 
member  that  word  trenicfidons  ? 

Hahi,  I  do  remember  he  did  use  that  word. 

L.  C.  J.  Have  ymi  hud  any  discourse  about 
this  matter  since  ? — Hales.  \^e8, 1  have, 

L,  C.  J.  With  whom  ? 

Hales,  With  several  fnends. 

X.  C.  J.  Did  v«u  discourse  with  Atkitiaofi 
about  h?— Hales.  Yes,  I  did. 

X.  C  X  Did  you  with  William  Smith  P 

Hates,  No,  I  do  not  remember  I  did. 

L,  C.  J,  Did  you  discourse  with  Hudson  ?^ 

Hales^  I  canuot  say  1  <lid. 

Att.  Gfn.  Nor  you  cannot  say  you  did  not;! 

X.  C.  X  Did  voii  hear  any  notes  read  ? 

Hales.  I  thlnt  1  did. 

X.  C  X  W^hose  notes  were  they  you  beard  f 

Hales.  Thomas  Huditou^s  notes,  I  think; 
I  am  not  sure  of  it. 

X.  C,  J,  It  is  so  hard  and  didicuU  to  giet 
out  the  truth  from  tliis  sort  of  people  ;  they  do 
60  turn  and  wind.  How  lung  aftrr  the  sermon 
was  preached  was  it  that  you  heard  the  nofea 
read  ? 


I 


905]     STATE  TRIALS.  3ti  Charles  II.  l6S4.^Trial  ofThmoi  Rotmeli,    [9M 


Ilahn,  I  wu  in  the  connlrv  when  Mr.  Rose- 
wcil  was  taken ;  and  when  1  came  home  again, 
I  heard  of  it. 

JL.  C.  J.  Hut  you  did  not  remember  it  till 
after  he  was  takkn  ? 

Htih&,  No,  my  lord  ;  and  I  read  the  chapter 
mysclt*,  nnd  rcmfmhcred  these  things. 

^v»/.  Gen.  Pray  is  the  word  tremendous  in 
Hudson *s  iiotvR,  or  no  ? 

i/a/(..<i.  I  caiuiut  tt'Il  whether  it  he,  or  no. 

Att,  Gen.  Pray,  when  was  the  next  daj 
after  this  ? 

HuUs.  I  cannot  tcil.  I  was  in  the  country. 

L.  C.  J.  Did  he  take  notes  in  long  hand,  or 
short? 

A  Stranger  that  stood  by.  In  characters, 
my  loixl. 

Att.  Gen.  TI:;ve  you  not  heard  Iiiiu  preach 
since  that  time :' 

Hales,  Sir,  I  went  into  the  country  soon 
after. 

Att.  Ctn.  \V here  was  his  test  at  auy  other 
time,  can  you  tell ;' —  Hales.  No,  I  caunuf  readily. 

Alt.  Gen.  Nor  what  he  diacoui-sed  upou.^* 

Hales.  Asm  any  particular  time  I  caiuiut. 

Att.  Gen.  Do  not  you  remember  his  text  at 
any  other  time? 

L.  C.  J.  "When  was  the  time  before  this  14th 
of  JSeptember,  that  you  did  hear  him  pi'each  ? 
You  have  heard  him  before  ? 

Hales,  Ye»,  my  lord,  I  have. 
•    X.  C.  J.  Was  that  upon  a  Sunday  ? 

Hales.  Yes,  it  was. 

L.  C  J.  Did  you  hear  him  the  Sunday  be- 
fore ?— //.//*'*.  Yes,  1  dill. 

L.C.J.  Well,  what  did  he  preach  upon 
then? 

Hairs.    This  I  know,  that  in  his  course  of 
reading  and  exposition,  he  was  upon  the  19th  ! 
of  Genesis.  I 

/..  C.  J.  What  was  his  discourse  upon  that 
rhaptiT ;'—//«/«.  That  I  cannot  lell.  j 

/-.  C.  J.  Nor  the  day  afterward  ? 

Hairs.  No,  my  lord. 

L.  C.  J.  Upon  my  w  ord,  you  have  a  lucky 
memory  for  this  piir^jose  ;  to  serve  a  turn,  it 
4-an  just  hit  to  this  very  day.  You  arc  very 
puiu'tuully  instructed. 

Soi.  Gni.  Do  you  remember  any  other  part  of 
the  sermon  of  il'iig  day  than  what  you  have  re- 
lated .^— //«/«.  Yes. 

L.  C.  J.  Ay;  tell  us  what  you  remember  be- 
sides. 

Hales.  I  must  coiisidcr  a  little  ;  I  am  not  so 
i-eady  at  it. 

L'C»  J.  Ay,  come  let  us  hear  it. 

Ros.  These  things  he  might  have  more  oo* 
'asioii  to  recollect  by  reason  ofmyjcharge. 

L.  C.  J.  You  say  right,  jnsl  occasion  for 
tl>is  purpose.  But  1  thought  these  men  that 
have  such  stupendous  memories  as  to  (ell  you 
th«y  remember  the  chapter  and  the  \erse,  and 
particular  words,  when  it  serves  a  turn,  might 
remember  something  before  or  alter,  at  least 
in  the  same  sermon.  Why  do  you  think  they 
were  enUffhtened  to  understand  and  r<'nu  mber 
that  one  day  more  than  any  other  ?  Tlicv  can 
8 


remember  particularly  as  to  sochthingK,  and 
can  clan  it  together  to  answer  such  particular 
questions  ;  but  as  to  any  tiling  before  oj:  after, 
they  are  not  prepared. 

Just,  lilthins.  Have  you  any  more  wit- 
nesses, Mr.  Rosewell  ? 

Ros.  Mr.  Crier,  pray  call  Mr.  John  Warkw. 
[Who  came  in.] 

J  ust .  Holloway,  Where  do  yon  dwell,  W  bar- 
.  ton?— ir/iar/oii.  At Rotherhitli. 

Just.  Hnllou-ay,  What  calling  are  you  of? 
W/utrti/H.  A  gardener. 

Riis.  Wei-e  you  at  the  meeting  the  14tb  of 
>  SeptcnilxT. — Wlutrton,  Yes,  I  was,  Sir. 
j  Hoi.  What  do  yon  remember,  pray,  of  the 
!  ex|K>aiuon  then  concerning  tlucking  of  the 
!  people  to  the  king  to  he  cured  of  the  king's 
:  evil  ? 

I      Wharton.    Sir,  I  do  remember  upon  your 
,  exposition  of  the  20th  of  CSencsis,  yqu  were 
j  s|ieakiug  concerning  Ahimelech  king  of  Gerar  ; 
and   you    took   3'our  exposition    thus,   that 
Ahimelech    had    taken    away    the    wife   of 
I  faithful  Abraliara,  that  1  do  remember  jery 
well ;  and  that  you  did  say  in  your  expositioii, 
that  the  prayers  of  tiie  prophet  were  preralent 
for  the  curing  of  the  king's  e\i\.    And  then 
you  brought  your  proof,  to  the  best  of  my  re- 
membrance, concerning  king  Jeroboam :  that 
JerolKMim  stretched  out  his  hand  againsl  the 

Erophet  of  the  Lord ,  and  that  the  king  cried,  lay 
old  of  him,  when  he  came  to  cry  against  the 
ahar  at  Bethel,  and  his  hand  dried  up ;  where- 
upon the  king  desired  the  prophet  to  prsj  to 
the  Lord  that  his  hand  might  be  restored ;  and 
he  did  so.  This  was  the  exposition  that  you 
I  madcu]Mm  that  verse  in  part. 

Roit.  Do  you  remember  any  thing  of  com- 
paring the  king  of  England  to  Jeroboam  ? 

W /tartan.  1  do  not  remember  any  anch 
passage. 

Mas.  Do  you  remember  anything  about  two 
wicked  kings? 

Whartvn.  I  do  remendter  this  passage,  cod« 
cerning  Jehoshajdiat,  that  he  had  fallen  twice 
into  the  simie  sin,  by  taking  part,  first,  with 
wicke<l  Aliab,  and  tfien  witli  his  wicked  sod 
Aha/jah. 

Rus.  Was  there  any  thing  of  the  kings  of 
England  mentioned  in  this  discourse  ? 

Warton.  No,  nothing.  Sir.  It  was  but  an  ac- 
cidental thing  that  1  h»;ard  you  then.  I  heard 
nothing  of  thi;  king  of  England  in  your  ex- 
position or  .<iermou,  but  only  in  your  praycra  ; 
when  you  prayctl  for  his  long  Lfe  and  happj 
reign.* 

X.  C.  J.  Did  yoti  ever  hear  him  before  that 
time? — W/uirtun.  Yes,  my  lord. 

L.  C.  J  Di<l  you  ever  hear  him  since  ? 

Wharton.   Yes,  once  since. 

L.  C.  J.  Now  let  us  know  his  text,  and  the 
sulyect  matter  he  was  upon  since. 

Wharton  Truly,  as  to  the  time  since  I  dkl 
not  take  much  account ;  for  I  did  not  write. 

L.  C.  J.  Canst  thou  tell  us  of  what  past  at 
any  time  before  ? 

'Wharton.  Once  before  I  heard  him  u|K>n  the 


«5j  STATE  TRIALS,  36  Chables  II.  l684.— /or  High  Treaam.  j  20(i 


or.  of  Genesis,  where  he  made  his  exposition 
—Truly,  I  have  not  any  notes 

I.C.  J.  Then  hark  you,  friend,  baie  you 
spoken  mth  any  body  since  that  14th  of  Sep- 
tember that  did  take  notes  ? 

Wharlon.  1  am  not  acquainted  much  with 
them  that  were  his  constant  hearers,  that  did 
t^e  notes. 

X.  C.  J.  But  answer  my  question  that  I  ask 
yoa  ;  did  you  erer  discourse  at  all  about  this 
matter,  and  with  whom  ? 

Wharton.  I  came  thither  by  myself,  1  say  ; 
I  had  not  much  acqaintance  with  them. 

JL  C.  J.  Nay,  do  not  pre?aricate,  friend, 
with  tiie  court,  but  speak  the  truth  out  plainly. 
I  ask  you  in  the  presence  of  Almighty  God, 
did  you  ever  speak  with  any  body  since  tlie 
14th  of  September  about  this  business  ? 

Wkartm.  Mr.  Ilndson  did  speak  with  me 
about  it. 

L,  C.  J.  Did  he  read  his  notes  to  you  ? 

Wharton.  Yes,  he  did. 

L.C.J.  It  is  a  Strang  thmg*,  truth  will  not 
come  unt  without  this  wu%-drawing.  You  can- 
not help  this  canting  for  your  life ;  this  is  cant- 
ing, if  ymi  would  know  what  csntinff  is.  Did 
ym  erer  speak  with  Hales,  or  Atkinson,  or 
tr  Smith  about  it. 

Wharton.  1  do  not  know  Atkinson  or  Hales, 
1  know  Mr.  Smith,  but  I  nerer  spoke  with  liim 
about  it ;  nor  he  with  me. 

JL  C.  /.  >Vhen  was  it  that  Hudson  and  you 
spokelngetber  of  this  thing  ? 

Wharton.  It  vras  last  Thursday. 

£.  C.  J.  Did  he  come  to  you,  or  you  to 
him? — Whmrton,  I  met  him. 

L.  C.  J.  Where  did  you  meet  hiro  ? 

Wharion.  At  Hotherhith. 

L.  C.  J.  Did  he  speak  to  you  of  it  first,  or 
you  to  him  ? — Wharton.  He  spoke  to  me. 

JL  C.  J.  Then  I  ask  you  (and  remember, 
though  yon  are  not  upon  your  oath,  yet  you 
veto  testify  the  truth,  as  if  you  were  upon 
voaroath)  did  he  mention  any  thing  of  Jero- 
vma?^Wharton.  Yes,  he  did. 

L  C.  J.  Of  Jehoshapliat?  anti  of  Abime- 
lech? 

Wharton.  Yes,  he  did. 

L  C.  J.  Did  you  mention  any  of  these  things 
10  him? 

Wharton*  Yes,  Sir,  I  repeated  nnore  then 
(Un  I  ha>e  done  now. 

Att.  Gen.  Was  your  meeting  accidental  or 


Wharton.  It  was  accidental  in  the  street ;  I 
^well  below  him  a  great  deal. 

Att.  Gen.  And  where  was  it? 

Wharton.  We  were  talking  in  the  street. 

Just.  Withins.  Did  not  you  go  into  some 
hoasr? 

Sd.  Gen.  Had  you  any  discourse  at  that 
^  of  being  present  at  the  trial  of  Mr.  Rose- 
"  €h  r 

Wharton,  Mo,  I  did  not  know  any  thing  of 
ittiU  I  nw  the  Subpoena. 

W.  Gen.  Before  vou  discoursed  with  l/uu 
^^  you  remember  all  these  things  ? 


Wharton.  Yes,  I  could  remember  them  aa 
well  as  he ;  and  a  great  deal  more  then. 

Alt.  Gen.  Then  cannot  you  remember  wliat 
was  done  the  next  day  ? 

Wharton.  No,  I  cannot. 

Att,  ixcn.  How  came  you  then  to  remember 
so  well  what  was  said  that  day  ? 

Wharton.  Bccaus^c  there  was  a  reukUikabU 
passage,  that  1  had  never  heard  before  ex* 
pounded.  I  had  not  staid  at  tliat  time,  but 
that  he  was  expounding  of  a  very  remai'kable 
thing,  which  1  had  never  heard  expounded  be* 
fore. 

L.  C.  J.  Have  you  any  more  witnesses,  Mr. 
Rosewell. 

Res.  I  have  some  witnesses  to  call  more,  if 
your  lordship  pleases,  to  testify  concerning  my 
life;  and  that  J  always  prayed  for  the  king, 
that  God  would  crown  him"  with  grace  here, 
and  glory  hereafter  ;  and  that  he  would  re* 
move  all  his  enemies  from  him. 

L.C.  J.  Ay,  Mr.  Rosewell,  first  remove  all 
his  friends  from  him ;  and  then  remove  his  evil 
counsellors. 

Hot.  Pray,  Crier,  call  Mr.  Charles  Arthur. 
[But  he  did  not  appear.] 

Just.  Withins.  Come,  it  seems,  be  is  not 
here,  call  another. 

Ros.  Call  Mr.  Tliomas  Jolliff.  [Whoap. 
pcared.] 

L.  C.  J.  What  ilo  you  call  this  man  to? 

Has.  My  lord,  this  person  I  call  to  testify 
with  iv?spect  to  my  conversation  and  carriage 
towanls  his  majesty  and  the  government.  * 

L.  C.  J.  What  is  yoiir  name,  Sir  ? 

Jolliff.  Thomas  JolKft'. 

Just.  Hoi.  Where  do  you  live.  Sir  ? 

JollifT.  In  Mary  3Iagdalen's  parish. 

i.  C.  J.  Why  not  St.  Mary  Magdalen's  ? 

llns.  He  is  my  neighbour,  my  lord. 

L.C.  J.  But,  I  suppose,  he  thinks  tliat 
would  have  made  the  name  so  much  the  longer ; 
or  else,  he  thinks  that  there  is  popery  in  calling 

it  80. 

Jolliff.  No,  my  lord,  1  have  called  it  a  hnn- 
dred  times,  and  a  hundred  times,  St.  Mary 
Magdalen. 

L.  C.  J.  Prithee  then  do  it  again,  it  will 
never  be  the  worse  for  thee,  I  dare  say.  Well, 
Mr.  Rosewell,  what  do  you  ask  him  ? 

lios.  Pray,  Sir,  will  you  testify  what 
you  know  of  my  conversation  towards  the  go- 
vernment, and  particulariy  towards  his  majesty  ? 

Jolliff.  My  lord,  in  the  time  of  indulgence  1 
have  heard  Mr.  Rosewell  once,  or  twice,  or 
niore ;  and  I  heard  liim  pray  for  the  king,  and 
the  peace  and  welfare  of  the  nation,  as  heartily 
as  ever  1  heard  aiiv  minister  in  England  in  my 
life.  / 

Ros.  Pray,  Sir, for  my  conversation;  Did 
you  ever  heiir  any  thing  of  my  disloyaJty  or 
disaffection  to  his  majesty,  or  the  government  ? 

Jolliff'.  No,  Sir,  1  never  heard  any  thioff  of 
any  disloyalty,  or  any  sucii  thing  in  my  Hie  ; 

*  See  Hnrdv'v  case  as  referred  to  in  the  note 
to  p.  197. 


QUI  If 

m 

mail 


I 


I 


but  ftll  the  parUh  will  g-ive  you  an  ac€ount^ 
that  you  have  bt^haved  joursetf*  as  an  lionesl 
lUAn ;  aurvil  I  [lever  knew  (lmt«  ettlier  iu  i^tiril 
or  deed,  you  were  necuaeil  of  iitiy  di^layaltj, 
Aod,  njy  lord,  it'  you  |>le.i^  Ui  j^ve  me  my 
oath,  1  ivill  swear  it ;  tor  it  is  tlie  same  thing 
to  me  to  te.stify  liere  iti  such  a  court  under  ao 
Oiit1f«  or  without  it;  fw  I  ought,  I  know^  to 
^  Itify  the  truth. 

Hos.  My  loril,  I  am  oonfident  lliut  what  he 
B  he  would  swear  :  and  he  is  a  very  hoticst 


L,  C.  /  Well,  Mr.  RoHe^vell.  if  you  have 
anymore  witiiesfteK,  call  them  ;  aod  make  what 
mnarks  upon  the  evideijee  you  pleoiic  afler* 
ward»»  tor  this  is  Dot  llie  time  tor  umkio^  re- 
marks. 

Rot.  1  humbly  thaukyour  lordship  for  your 
gr^tt  favour. 

L,  C.  J.  I  do  not  speak  it  to  cramp  you 
Id  your  time  ;  but  call  your  witnesses,  and  then 
make  whnt  ren^arks  you  will :  For  God  forbid 
we  should  hinder  you  from  taking  your  full 
time  ;  toi'  you  stand  here  for  your  Ufe. 

Rat.  U  Mr,  Winaacot  here  ?  [He  did  not 
»ppear.1  Then  pray  call  captain  Hichard 
Cottoo,  [But  he  didnot  apjicar.]  Cult  Mr, 
Thomas  Fipps.  [Then  capt.  Cotton  appearwl.] 

Rot.  Thus  prentleman,  my  lord,  hath  known 
me  for  severaTy ears.  Captain  Cotton,  1  pray 
Sifi  will  you  sneak  what  you  know  ot  my  coU' 
versalion  and  life,  and  loyalty,  i»1th  respect  to 
the  king  and  g-overnment  ? 

Cotton.  My  lord  and  gentlemen  of  the  jury, 
of  late  I  have  not  fre<[uented  I^fr.  iio«eweirs 
company,  or  his  cotip^egation  ;  but  when  the 
door  stood  oiiea>  without  opposii lion,  I  have  been 
tliere  ;  and  have  heard  him  pray  for  the  kin^ 
and  government  several  times  ;  and  bless  God» 
that  we  live«l  underso  peaceable  a  prince,  when 
all  our  neighbours  were  in  blood  and  war. 

Roi.  Pray,  Sir^  have  you  ever  heard,  that 
aither  in  word,  or  deed,  I  should  ever  declare 
tglklit  his  majesty  or  the  government  f 

Cotton.  No,  I  never  heard  any  siucU  thing 
in  my  lilc ;  but  what  I  heard  now  upon  this 
trial  up  and  do^ n  the  hall,  as  I  was  walking 
below , 

Just.  IViihim.  flow  long  ago  is  it,  that  you 
speak  of.  Mr.  Cotttm/ 

iJot!itn^  I  was  abroad  most  of  thptirae  at  sea ; 
but  this  was  three,  or  lour^  or  live  years  ago. 

Just,  Wifhm.  iVbai  lime  was  that  1-' 

Ct/tt&n.  It  was  in  thetiAie  ol'thc  indulgence. 

Just,  Withins.  Ay,  then,  it  may  be,  be  could 
speak  kindly  enough  of  the  government. 

Ros.  He  has  knowa  me  thessaten  years. 
Have  you  not,  Sir? 

Cotton.  Y'esj  I  believe  1  have*  ever  since  you 
came  thither.     [Then  Mr.  Fiupeieame  in,] 

Ros.  This  gentleman  has  known  me  sere- 
J*!  years,  have  you  not,  Sir  f 

tippt.  Ye»,  Sir, 

Rat.  Pray,  Sir,  will  you  give  my  lord  and 
the  court  an  account  what  you  know  of  roy 
life  and  conversatiou,  and  of  my  loyalty  or  dia- 

tnjf«!t V  tJi  th^  IriiMT  Ijy  tfOHOfiillftilflt  f 


F'tppi,  My  lord,  I  have  known  tbia 
man  divers  years.  He  lived  in  Wtllabirci,  _  „ 
there  he  ha  J  tlie  reputatKin  of  a  rery  Itooest 
man,  af^ood  )»cholar,  and  a  \m\\iK  man.  I  nearer 
heard  him  preach  in  my  liti  T  • 

go  to  conventicles;  butt  ht^ 
where  I  have  heard  hiui  priv  ; 

and  there  be  pr\i  yed  very  earno-  * 

and governiuent,  fort!   '  • " 

I  came  to  London  h» 
hds  been  herein  Lou^ 
has  bpcn  often  in  m  > 
tbf  late  tmjcs,  the  Btt  I 
bo<ly  did  take  liberty  to  say  what  li" 
of  the  king  and  goveiTiment ;    1    !•  i 

often  in  his  company,  and  heard  hiLii  &pt.ik 
with  a  great  deal  of  respect  of  tlie  king,  ami 
of  the  govenim«uit,  and  ihauk  God  for  the  h^ 
berty  he  did  cujoy,  and  the  protection  ho  bad 
from  the  govi^rnment  \  but  I  never  li  '  '  n 
speak  an  dl   word  of  the  governor  ^ 

life  ;  and  I  have  known  him  as  much  <^A  «AiM.ir) 
as  any  other  man  that  was  not  his  bearer  ;  he 
was  always  reputed  a  very  ingenioua  man, 
and  that  is  all  I  can  say*  1  never  heard  or 
knew  any  thing  of  ill  ot  him  inmv  lile. 

jRflf.  Pray  call  »lr,  Caleb  Veenng.  [Wlio 
came  in.l  Sir,  you  have  known  me  aerenl 
yt^rs.  Pray  be  pleased  to  te^iiiy  to  mj  lonl« 
and  the  court,  what  you  have  known  of  my 
conversation  ivith  respect  to  his  maje^y  aiid 
the  government. 

Vccting.  My  lord,  I  hare  known  Mr.  fiooo- 
well  these  several  years  ;  and  I  hare  bec»  in 
company  with  him  upon  the  oci  t  ■  rrccir* 
ing  money  on  account  of  rem  id  of 

mine  ;  and  likewise  have  bearil  M^.i  ^^'iHtetiy, 
when  he  preached  publicly  ;  and  never  tievd 
any  thing  from  him  that  reflected  u(>on  the  |r^> 
vemment,  or  shewed  any  disrespt'H  to  tlie  king. 
I  hare  beard  him  pray  often  very  hcariily  for 
the  king,  and  he  never  mctldltfd  with  any  pub- 
lic busintss,  nor  spoke  of  any  news  wluk  1  wia 
eonceroed  with  him, 

Ros*  l^y,  Sir,  did  you  ever  hear  of  any  ill 
I  should  speak  of  my  sovereign  ? 

Veering.  I  have  ficanJ  him  often  pray  for 
the  king  and  government  \  and  I  nevar  hemrd 
any  man  say  that  he  did  otherwise,  or  that  ever 
he  ftpoke  an  ill  word  conceroin*.*-  any  of  thofti* 

Rm.  Call  Mr,  John  lJiiLh<.<ock.  (Who  aum 
in.] — Sir,  you  area  gentleman  that  hti*^*'  t^t.^wT* 
me  lor  several  vearsi  \  pray,  will  ^ 
what  you  have  known  concerning  niL 
you  have  heard  or  known  any  ill  of  my  con- 
versation towards  the  king,  pray  speak  it  out« 
and  let  me  be  shamed  before  God^  and  lliii 
gpreat  assembly. 

Hitchcock,  I  have  known  him,  my 
several  yeai's,  and  have  heard  him  formerlj 
though  not  of  late  ;  and  when  I  heard  Vn^ 
he  used  constantly  to  pray  for  the  Ling  ai 
govenimenl  ;  I  never  knew  him  to  s{h  i«k  ai 
thing  against  the  king  and  gov  t)rnmctu  in 
life,  but  always  sp4>ke  very  w  orthily  of  tliei 

Kof,  Have  you  heard  me  oftou  pray  for  tli« 
king?  ^— 


i 


9D9j  '  STATE  TRIALS,  36  Charles  II.  l684.-/or  Nigh  Treaton. 

HHcA€Ock,     I  have  lo,  Sir,  a  great  many 


[210 


Ros.  How  long'  is  that  ago  ? 

Hitchcock.  Alwut  two  or  three  years  aj^, 
nv  h>n] :  and  I  never  knew  him  to  be  but  a 
fWT  worthy  gunth*man. 

Rm.  Vnkf  call  Mr.  Michael  Ilinmati. 
C^bo  caroc  in.]  Mv  lord,  here  is  another 
HEDtSetnan  that  hath  known  me  several  years, 
my,  Sir,  will  you  speak  what  you  know  of 
■y  cooTersatiun,  with  respect  to  his  majesty 
aid  Ibe  gvi\iTument  ? 

Himmun.  My  lorJ,  I  have  known  him  many 
jwi,  and  been  in  hjs  company  sr-vnal  times, 
Mincrer  ficanl  him  speak  any'thin*^  of  ill  rc- 
IHb^  to  tlic  king  or  government. 

Jm.  Pray,  8ir,  have  you  not  liecn  (upon 
use  occasions)  present  where  I  \m\v  prayed  ? 

Uiftman.  Yes,  Sir,  1  have  hcanl  yon  pray  ; 
■i  I  have  heard  you  pray  for  the  king  very 
bnitfly. 

Bm'  Have  vou  heard  of  any  evil  I  should 
otfKr  say  or  do  ?  Or  any  thin^  by  word  or 
ini  against  tlic  king  or  government  ? 

HinmaH.  No,  never  in  all  my  life,  one  way 


Mm.  Phiy  call  Mr.  Nicholas  Wanlcy.  [Who 
CHKiD.]  Sir,  you  bate  known  me  lor  these 
Wtn  years ;  pray  will  you  be  pleased  to 
ifaBtiie  triitli  of  what  you  know  of  my  con- 
hbmmb,  with  resfiect  to  the  king  and  govern* 

lUty.  My  lord,  I  have  known  the  pri- 
Mffttthe  bar  sc^veral  years ;  I  have  been 
ipfHMli  IB  Ills  coin p my  ;  and  never  heard 
titt^oltB  in  word  ;i^»mst  tlie  khig  or  go- 
VBOBril  it  my  lile  ;  but  have  ot)en  heard 
!■«■& dial  the  kiu£r  niigbt  live, and  have  a 
l^faidiiro»pen>iis  m^n  :  I  never  heanl  him 
■f  aedi  worci  ot  the  governnunt  in  my  life  ; 
k<«hny%  when  he  sftokc  of  it,  it  was  with 
difherrspeirt  that  anv  person  cnuld  do. 

Mm.  bid  y  ou  e\er  fiear  from  anv  utlicr  per- 
Mii  dinMTtly    or  inilirectly,  that  I  [iu\e  spoken 
Rieetively  upon  his  mnje^ty  ? 
WnUgy.  Never  in  my  lite,  my  lord. 
Mm.  One  w  ay  or  cither  ? 
Vfl«/f».  \o,  not  any  way  at  all. 
Mm.  rny,  call  ^Ir."  John  Stnuiff.      [Who 
jffttrcd.l  *   Sir,    you  arc  a  geiuleman   that 
IlKknowu  mt.'  iiianv  ^oarstiMi,  w  <>r  IJ  ycai«, 
tWiievc. — 6'-'r»'/f.e.  \es.  Sir.  \ 

.  Mm.  Praj,  wiii  \< 111  tell  my  loni,  and  the  i 
}qr,  w  bat  you  know  of  nu>  with  respect  to  i 
I^Mia^iuur  in  word  or  deed,  in  rtltriiicc  to  I 
JK Majesty,  nr  t hi' government  f  j 

Aroa^.'Sir,  I  hate  heard  you  teach  several 
iKsfonnc-ri^  ;    I  wris  not  at  this  time  indeed 
jh  wbirh  yoti   rkow  staml  accuseti)  at  tlipt 
jMk :    But*  I    never  heard  you  sjwal:  u  wdrd 
■B'iM'  hia  mujcoty,  or  the  government ;    liiu 
always  prayed  very  earnest! v  for  his  ma- 
r.     *        ' 
L  Did  you  ever  hear  tlu«t  I  sltfuild  iiay 
fcin^  iU'of  the  king  or  (>'o\L'rnuitMit '' 
rmig.  No,  never. 
Mm.  CaBMr.  Joho  Cutloe.    [Who  appear- 
TOuac 


ed.]  Sir,  you  have  known  me  too  very  many 
years:  What  do  \ou know,  pray,  concerning 
ray  behaviour  towards  his  majesty  and  the  go- 
vernment? 

CutfiK',  My  lord,  I  never  knew  him  sjKMik 
one  word  disrespectfully  of  the  government, 
or  the  king,  in  my  life  ;  though  I  have  known 
him  some  years. 

Rot.  Did  you  ever  he-ar  from  any  Ijod}*^  else, 
that  I  did  speak  ill  of  the  king  or  government 
directly  f»r  indirectly  i* 

Cutloe,  Mi»,  never  a  wonl,  I  assure  3'ou,  Sir. 

lio'i.  Have  you  been  where  you  have  heard 
me  iiray  tijr  his  mnjesly  ? 

Cut  he.  Yes,  Sir  ;  I  rememlier  at  Bristol 
once  occasionally  1  heard  you  in  the  time  of  li- 
berty :  otlii-rwi-ie  I  canitot  suy  I  have  heard 
you.  But  1  never  hc«Fil  any  thing  against  the 
government  *,  but  you  always  behaved  yourself 
loyally  and  |>eaceaLly  tint  1  know  of. 

lios.  Call  Mr.  Charles  Melsum.  [Who  ap- 
peared. J  My  lord,  1  call  this  gentleman,  who 
will  accpiaint  you  that  he  lived  with  me  many 

{rears  in  an  honourable  lamily,  a  pei-son  of  qua- 
ity  of  this  nation,  one  of  the  JIuu^erfbrdB^ 
where,  my  loni,  I  was  tutor  to  sir  Ldward^s 
son  for  near  seven  years ;  a  gentleman  well 
known  for  his  great  loyalty  to  the  king  and  go- 
vernment :  So  that  if  I  had  been  such  an 
enemy  to  the  kini^,  or  so  di8affecte<l  as  these 
people  would  make  me  to  be,  sure  he  would 
never  have  entertained  me.  Pray,  Mr.  Melsum» 
will  you  phrase  to  acquaint  my  lord,  and  the 
jury,  how  many  years  1  was  in  thatikniily  p 

MtfiunL  Seven  years  ;  and  I  was  above  14 
myself. 

Ras.  Pray,  what  do  you  know  of  my  car- 
ria^  in  that  honourable  family,  with  respect 
to  tlie  king  and  government  ? 

Melsum.  As  far  as  1  know,  for  my  Hie,  I 
will  declare.  I  do  not  remember  he  did  trouble 
himself,  or  meddle  or  make  with  any  man's  bu- 
siness but  his  own.  He  was  a  man  that  kept 
iiiurh  to  his  study  :  And  when  he  came*  up  to 
prayer,  heprajied  licartiiyibr  the  king;  and  had 
tiie  rfO(Ml  wonrorall  his  neighbours  tlicreabout. 

l\in.  Have  you  ollen  heard  me  pray  for  the 
kinir .' 

J/'  <•'/.'.   1  liive  heard  him  a  hundred  times 
pray  \<,\'  l!ie  kir^:^:  I  never  missed  pniyei'S  when 
I  J  wu  <i  at  huiuf;  and  it  was  his  constant  practice. 
i       L.  C.  .'.     Dill  Ik  ]>niy  in  the  lauiily  then  ? 

MiffUitt.   \ Cs",  h.rdid. 

L.  i\  J.   i)i«l  he  I'M-  iti  go  to  church  ? 

.'/i />■.•'••.  N  »*s, hi*  wont  t"  clniirh,  to  the  be- 
^iiir-iiiitr  ollh'^  prayMs  ;  he  did  Irequi'ntly  at- 
t**ud  d'vini"*«*T'.  !v«f. 

L.  (  .  J.  I»id  In  n.cei'.ctlic  sacrament  in  all 
ll>:»t  tJ|»ii.'  .' 

Mil.M't;.  Vrsj  I  hilio*.- ].u  diti  ;  I  cannot 
savit  dip  ciy. 

.h'fi..  1  \*  ;fs  u  vniv  \:\i\i  uttriidi  r  upon  the  pub- 
lic iiiinistr\ .  Itisnc)\v  Jmw  iid<»z«'ii  \  cars  ago; 
it  w;i«j  ill  tin-  yr:if  1»  t^.  my  Pud, and  so  doMii- 
wavd.  Sir,  yrMi  k:io\v  i  u:u;  a  coustr.lit  at' "i 
duntnpim  thV  ini.iiM  y  ot  the  church,  and  iii<^ 
worship  of  Cod  lli'.rv. 

P 


ill]      STATE TIUALS,  36  Cu arlrj  11.  l684 Trial vj T^ma  RdiiweU,      [8M 


I 
I 


I 


L 


Z.  C*  J,  Did  you  ever  hesir  him  umke  tuie 
o/lburoinmon-prH^er  liimseU'in  the  tiiuiily  ? 

McUuhk  I  caiiuot  hay  he  did. 
^X.  C\  J*     Well ;  bare  )ou  any  more  wit* 
I«R,  Kir  ? 

!<;^.  Ve5,  my  lor*U  Pray  c«U  Mr.  Hubert 
Medham.  [>V  ho  an|«etiTd.]  Hej  c  is  another 
e:«titleifiap,  M>y  lord,  tlittt  Uvecl  id  iliat  i'auiily. 
Vrsky^  Mr.  M^dham,  ho^v  lusg  did  yottlWeui 
that  hoDourahle  rainily  ? 

Mtdhum.  Abont  folii'  ye&rg. 

J^fJit,  Was  thut  iu  the  liiue  thai  I  wm  lb«re  ? 

Mtuihnm.  Yes,  it  ^vns* 

Jl^.  Pray  then,  Sir,  will  you  declare  what 
ycm  kuoivufmy  conversatiun  in  that  fiinilly 
with  ri'iJpcet  to  the  jiubhc  ? 

Ahitff  •  ^''  '  "'  '♦  -  !  jrrcal  while  ago ; 
but  lit  i«:  ldjdaKv»>8  keep. 

tn  thi '^j^ .....     .      r  uH  chaplain  to  my 

kdy  Jlung^tTtord  ;  and  always  prayed  for  the 
king  at  lMiI^  tituc  of  prayer, 
Y  Ji*'*.  Did  you  e\er  hear  that  I  should  speak 
Of  declare  any  thing  i&guinst  the  kfng'  or  go- 
▼emiTiont,  in  all  my  lite,  all  my  liaie,  oryuur 
lijlie  that  I  was  there  ? 

Mai  ham,  1  must  needs  say,  I  tie^er  did  hear 
auv  »«iich  thing  In  my  lifu» 

Jitsl.  Ihd,  But  ilVas  not  the  pray  era  of  the 
church  tlipt  be  used  ? 

Mcdhtnn.  J  cannot  say  that. 

L,  C.  X  Did  \  oil  ever  hear  him  use  tlie 
paversof  ihr"'-..-  t.  • 

Mcdhum.    I  r  thai  I  heard ^  was  lliot 

f?hichna«  um:  .  ,  lein  the  femily* 

L.  C.  J.  Btit  pmy  apeak  plain  ;  cFid  he  use 
the  c^mvoioii-piiiyer  f 

Alcdham,  5? o,  my  lord  ;  I  eaanot  say  he  used 
tht  cormnon  jn-aycr. 

X.  C  J.  1  tell  you  what  I  mean ;    Did   he 
out  of  the  book  of  the  Conuium^prayer? 
^edhmn.  >io»  my  lord,  J  •  '  that. 

C,J,  D*ist  t Iron  take  ht'  prayer 

''  ',  ers  urthe  churcn 

i/i*.  My  loifljj  he  does  not  know 
,f  believe  j  1  liehtMc  be  does  not 

Yes,  1  nscd  1o  attend  upon  the 
soiiid  iVIi%  r{03*ijw«ll. 

'  '!i«i.  ^Vdl,8ir,  have  you  any  more 

witnesses  f 

Roi.  Yes,  my  lord ;  pra)^  call  Mr«»  Atme 
Broadhurst.  ['fhen  Mr.  Wiunacott  appeared 
and  rtffered  hmiteJf*] 

WinnacoU.  >ly  lohl,  I  heurd  I  ^va^  ealkd  j 
•  ttd  am  come  as  soon  as  I  coubl  g'et  iu. 

Hoi.  Ay,  Mr  Winnacott,  you  have  known 
me  many  years  ;  I  desire  you  woid<l  testify 
what  you  know  concei'uiag'my  conversatioii 
fttid  behat'iotir. 

WtnmicolL  Formerly,  when  1  heard  him 
I  tir-ver  heaitl  him  apeak  a  wonl  a^ainiit  the 
kins.'-  *>r  •rrit*>rnment;  uid  it  %^  some  three  years 
a^  earj  him. 

'  •  you  heard  of  any  tvll  that  I  hiive 

i4iit  or  done  agfiiiiAt  the  kin^^  of  the  gavemmecitf 

Wtrmacott,  No  j  but  I  hafclt«U^  IlitfldWti 
pray  for  hia  majesty. 


4 


JuHt.  Wukmt.  Well,  there  la  your  Other  vrit 
ness  Anne  Broadhurt<t ;  what  aik  you  her  ? 

fifli.  2*Iy  lord,  this  was  a  servant  that  lif e< 
several  yejin#  in  my  fanulv*     Pray,  Nan» 
many  years  did  you  hve  tCere  ? 
Broadhunt.  Four  years,  my  lord. 
Kof.  Pray  declare  what  you  know  of  mctoi 
my  family,  lUth  respect  to  the  king  aitd  go- 
vern menu 

Broadhurst.  1  hare  generally  heard  you  twioi 
a- day  pray  in  yoor  family  ;  and  I  nerer  heard 
you  pray  in  my  life,  but  1  beard  you  pF*y  it 
eamaidy  for  the  king  as  you  did  lor  your  own 
souL  This  I  can  declare  during  the' time  that 
1  lived  there. 

Roi.  Did  jou  erer  hear  me  speak  evil  oftlie 
kiogf  in  my  family ;  or  reflectively  an  the  go- 
vernment f 

Brmdhttr$i.  No  :  you  always  prayed  for 
the  kini^  ^as  I  say)  as  earnestly  as  mr  yoursdf 
or  yf^ur  family, 

Rus.  If  you  know  any  ill  carriage  in  won! 
deed  towards  my  sovereign,   1  desire   you 
speak  it  out,  without  favour  or  afiectioDj  or  aoj 
respect  to  me  in  the  world, 

Broadhurit.  No,  I  never  did  ;  but  hM% 
often  heartl  you  heartily  pray  for  him* 

Jufkt.  Wit  him.  Pray,  how  lang  ago  is  ibli 
Brmdhuvit.    Two  years  ago  I   lived  wil 
him. 

Roi.  Pr4*Vi  tell  my   lord  again,  how  bog 
waii,  and  when  that  you  lived  thei'e. 

Broad hur%t.  I  lived  there  four  years  ;  and 
is  two  years  ago  since* 

Just',  Wit  hint.  Pray,  how  often  were  you 
church  in  that  time? 

Broadtiurst,  When  1  had  occasion  to  go, 
did  go  ;  but  1  did  usually  hear  my  masti 
when  1  dwelt  with  htm. 

JuiSi.  IFithint,  Well,  who  is  your  nevt  wit 
II ess  ? 

H OS.  Cal I  An ne  Mati ni ng .    [Who  c&me  ti 
Vou  lived  with  me  in  my  faauly  i»evertt1  yeari 
Mnnnitig.  Three  years,  ?Sif, 
Ron.  Pray^  will  \^\i  dt^clare  what  ytni  k^,. 
of  m y  cji  r riage  and  beh a v  io  ur  t o v>  a  rf U  ih e  ki\ 
andgofciuuieat,  iamy  faniily,  whileyoutf 
thei  e  f 

Maffhi/i^^.  My  lord,  he  prayed  for  the  kill] 
for  his  looj;  liftj,  in  his  family   duties,  monif 
atide\  Oiling  ;    and  iu   [uifate,  when  nc' 
lieard  hiia  but  my^lf. 

L.  C,  J.  \\\m%  I  you  and  he  were  at  c» 
i(»y:elher  ? 

Ahtnnif^g.  My  lord,  I  have  gone  by 
stud  V -dnnr,  iuid  iittve  heard  him  pray  for 
kiiij^\  lonu*"  lifi%  when  he  knew  not  thai 
body  heaifi  luui, 

Roi,  This,  my  lord,  is  more  than  1  esrncctedi 
ibr  I  litllelhoiiL'^  *  *1  *  uiy  body  could  give 
a  testimony  ol  -  devotion;  ilmugti  I 

never  then  on  a,.. ,  ..ly  for  the  kiug,  and 

never  shall  as  long  as  1  live. 

Alonning*    My  lord,  he  prayed  as 
for  the  kind's  life  as  for  bis  own  soul ;  and 

have  heard  him  ofUn  prayittgi  *md  d< 

Cod  to  preserre  him  in  his  kiogdomi  Itttd  gi^ 


STATE  TfUAIil,  36Charlbs1I.  l6u.—/or  High  IntMA. 

tve  buutl  bun  iosisl  ii(K>n 

k  not  eiil  of  the  kiosfi  "Oi 

tin  ir;  for  tli«  birds  of  the 

Roi,    Pray  spuak  the  trntli.     Dirt   you  ever 
he«r  me  utter  an  ill  word  or  reflection  upon^iis 
msuesty  or  ibe  ^t>Teriiineut  ? 
i^rnHg.    No,    tuy  lurdi  be    was  always 
ily  for  the  kixig. 

8p€ak  the  truth  of  what  you  know  ; 

I  you  would  speak  the  trul1i,aod  nothing 

i  the  truth,  as  if  you  wett  ujioii  your 


AfyniifTtg,  I  do  speak  the  truth,  and    it  ia 
^1  can  declare,  nui  would,   if  I  were  to 
ft  next  moment ;  and  1  vttn  safely  sMxar 


^It  w^anaolJeiit  aodcommofdy  received 
f,  [8t,  TriaW  1.  |nLS»ilui.]    (derived  from 
■  law,  riTid  wUlcU  also  to  this  ihy  obtains 
-^f  France)  [Douuit,  pidd.  law. 
a-  8p.  L.  b.  29.  c.  2.]  that,  as 
~  J  J I M.^  t'd  to  any  nristtn e r  uce used 

I      a  neither  siiould  hebciiur- 
'  !    lesljuiuny  of 
jBby  »^  deserves  to  be 

HiFcrrtiu,  nj  ijir  innuMi  ni   Mary  1,  (ivhose 
mente^  till  Ler  marriage  \vith  Pbiliti 
,  s«?em  to  have  been  liumane  ami  ge- 
laa)   [S*!e  pag.    17]    that  when  dio  ap- 
iiA  Sir   tUcbard   'VIli'^hh   rhi-  f  justice   of 
n   pleas,  no,   *  ti»U 

tiidui^^lhf  I  "i   *hd  uot 

vriiuess  to  s^itak,   oi   any  other 
ta  be  heard,  iafavoitr  ofthe  adversair)', 
J  part}' ;    her   [iii^hMi*:ii5's 
1 3  atM»e  V  er  could  \m  hrou ^  h  t 
ui  liie  suljject  should  be  admitted  to 
:    and  morcofer,  thai  the  justices 
suadf  ibernM-lvestosit  ipjudg^- 
for  her  hi^huesii  than  liir  her 


taijy 


LiiulUn^h.  11 1-2.  St  Tr.  L  or>7.] 
dsi  in  one  partieulur  iiistanee   (when 
the  (jut'Cirs  loilifury   sUiies    \%us 
by  statute  Si   E!i/.  e.  4,)   it  was 
at  any  person,  imijeached  ibr  such 
'  shm\hi  be  received   and  udrntUi  rl    to 
any  Uwful  proof  that  be  could,  by  law- 
jiness  or  oUicr\viie,for  Itis  discharg^e  and 
?»nd  in  g-ijocnd  the  courts  grew  so 
>  d  of  u  dt>etj'ine  ao  uureason««lde 
Hid  i^  that  a  piactice  was  gradually 

tfitroduLLil  of  txaiatniii«^  wiiuesses  for  the  pri- 
T,  but  not  upon  i»3Hh  :  ['J  Huliilr,  147,  <_'ro. 
'\  tV  jiieuce  of  wbicb  still  was, 

ar  >  credit  to  the  prihoner'ti 

[TfMhiced   by  the  croivn. 
x\  III    7i>.l  protest*   very 

i\i  luitirnl  practice:   de- 
dwii;.  ^  ul  .11     iny  act  of  par* 

Eaini  i  .  nrru,   iliatin  cnmiDal 

flieH  accused  »houhl  not  have  wit^ 

MMi^'  I  him  ;  and  therefore  there  waa 

tnlao  uiiuit  iii>Mcin[ilia  jurU  against  it.  [8ec 
ik>  ^  Ual.  p.  C.  2ti3.  and  hbsutumarj^  204.] 
IftdlJac  liau;se  uf  Comtiiouit  were  uu  sensible 


Rai,  Then  pray^  call  Isabella  Dicke^on — 
[Who  appeared.]*  My  Lord,  surely  I  would 
uot  speak  evil  of  his  majesty  or  the  goviTument, 
m  public  in  tb*'  rnii<rr»'».4U(»nt  when  1  prayed 
for  him  in  my  I  I  my  closet.    But  here 

is  another  sers  lived  in   my   famil}*  i 

Pray  wHl  vou  speak  wliat  yon  know  concern- 
in^  my  behaviour  ill  my  family,  with  respect 
to  the  king  and  goverumcDt. 

Dickt'Jitm.  He  usefl  to  pray  twice  a-flay  itk 
his  family,  morning'  and  evenings,  and  he  always 

tkrajed  earnestly  for  the  kioi^,  for  his  good 
tesitih,  lont^  life,  and  prosperity. 

HiKi.  Did  you  efcr  hear  Tue^peak  any  «vil 
fif  the  king  or  i^overiuuent  in  any  respect  ? 

Vkkcson.  No,  never.  Sir,  in  my  life ;  nor 
do  I  t>elieYe  you  ever  bad  an  evil'  thought  of 
thekintr, 

Ros.  Pray  then  will  you  call  Mr.  James 
.ilkinsou. 

Just.  THMiW.    We  have  bad  him  alreaflyj  ^ 
and  I  stH>|K>*je  he  is  gone ;  he  is  not  here. 

Rm,  I  callhinmow  iotetttity  auotber  thin^ 
if  your  loidT^hip  pleases;  and  be  is  at  hand 
my  lord,  1  suppose. 

L.  C*  X  You  should  examiueyour  witnesset 
to^^^elher,  but  we  will  not  surprisje  )  ou  ;  we  will 
stair. 

Just,  Hof.  Pray  call  any  body  else,  m  the 
mean  lime,  if  you' have  any  other. 

L.  C.  J.  ?iay,  brother,  it  may  be  he  Itath 
obst ned  a  method  to  himself*  he  is  lor  bii 
lite  ;  let  him  take  it.  [Then  Mr.  Atkinson 
came  in.] 

jRos.  That  which  I  call  you  now  for.  Sir,  is 
to  testify  what  you  heard  lipon  Ihe  30th  of  Ja* 
nuarj'  from   me,  about  praying  for  the  ktngf  ' 
and  all  that  are  in  authority, 

Atkin&m.  My  loitl,  he  kept  that  day.  I  be 
30th   of  January,  os   a  day   of   failing  and 

ol'  this  absurdity,  that  in  the  bill  for  abolishing 
hostilities  between  England  andScotJand,  [Htat, 
4.  Jae.  l,c,  I,]  when  felonies  couirajtted  by 
Englishmen  in  Scotland  were  ordered  to  be 
tiicfl  in  one  of  the  three  northern  counties, 
tbty  insisted  on  a  clause,  and  carried  it  [Corn. 
Journ.  1,  5,19,13,15,  U9,  SO  Jms.  1607.) 
again!»t  the  eflorts  of  both  the  crown  and  the 
House  of  l^rds,  against  the  practice  of  the 
courts  in  Etigland,  and  the  cypress  law  oi'Scot* 
hitid,  [Ibid,  4,  Jun.  ir»07.]  *  that  in  all  such 
'  trials  lor  the  better  discovery  of  tlie  truth,  and 

*  the  tietter  ii»h>rm»lion  ol'  the  conscience  si  of 

*  the  jury  and  justices,  thire  shwll    bf  idloweil 

*  to  the  parly   arniigneil  the    l>enefit  of  such 

*  credible  wiinesfccs,  to  lie  examinrd  upon  Oatlt, 

*  as  can  be  pt  oduced   for  his  clennJig  and  ju&- 

*  titicalion,'  At  length  by  the  statute  7.  W.  3* 
V,  ii.  the  same  metisure  of  justice  "as  cs^ta- 
hlisheil  throughout  all  the  realm,  in  casfs  of 
treason  within  the  aL't ;  and  it  i^as  aJlerwards 
declartnt  by  statute  t  Ann.  si,  2,  c.  9.  ihiit  in 
;ilIcHses  of  treason  and  felony,  all  Wiine»sej«  for 
the  prisoner  should  be  examined  upon  onih,  in 
like  maimer  us  the  witaeSMi  again &t  hlui.^' 
4  Blaekst.  359. 


I 


t 


I 


I 


215]     STATE  TRIALS,  36  Charles  II. 

pravcr ;  and  he  preac'lied  from  that  text  on  the 
1  l^iin.  ii.  1.  pray  for  kings,  and  all  in  au- 
thurity :  And  tnen  he  did  assert  iImiI  kingly  go- 
vernment was  most  a^ceable  to  the  word  of 
God,  and  the  constitution  of  the  government 
of  England,  which  was  the  best  in  the  whole 
world ;  and  had  lieen  so  approved  by  writc^rs, 
Imth  foreign  and  of  our  own  country  :  And  he 
did  urge  it  as  a  duty  incumbent  upon  all  people 
to  pray  for  the  king  aud  magistrates,  that  they 
might  *  hvc  a  peaceable  and  quiet  lite  imder 
them  in  all  godlluesk  and  honesty.'  [Then  he 
seemed  a  little  faint  and  stopiiecf  3 

Rat.  Pray,  Sir,  will  you  recollect  youraelf  ? 
My  lord  will  indulge  you  a  little. 

Atkinson.  1  have  been  acquainted  with  Mr. 
Rosewell  these  ten  years. 

Rog,  But,  pray,  Sir,  what  d»  you  remember 
of  the  application  of  that  sermon  upon  the  text, 
about  prayinof  tur  kings  and  uil  in  authority  P 

AthinMm.  That  persons  were  to  pray  for 
them,  and  to  olH;y  them,  and  that  it  was  their 
duty.     Tills  is  all  that  1  can  remember. 

J\(H*'.  ^\  h.U  d<.'  y..i  ic'!n«»!a1»cr  of  my  in- 
vectives iigaiii^t  lIiuNc*  tli.f  irarliscd  the  con- 
trary ? 

Atkinson.  "Why  truly  us  to  th»»...c  liiiii^x,  he 
did  highly  condouui  those  pcrscui^  ihut  hiid  any 
ivav  actcil  again.st  it.  And  f  hrtve  l;p::rd  Iiini, 
iMitli  in  public  and  privale,  inveigh  against  those 
that  liuil  any  hand  in  the  murder  of  the  late 
kin^,  and  condemned  the  fact  as  a  diabolical 
design. 

Ko.;,  Is3Ir.Smitlithcici? 

Afkhtson.  f  was  very  ill  <iti  Sabbath-day  last, 
and  I  tliouq;hi  I  should  nothawroinroutunw  ; 
and  I  would  not,  to  th«  best,  of  my  reixicm- 
brancr,  speak  a  lie,  us  I  am  in  the  pn'sonce 
of  this  hoiifiiindile  court,  and  in  the  presence 
of  God,  touhoni  1  must  give  an  account  ano- 
ther day. 

Ros,  Go<l  will  reward  you  for  what  you 
come  to  do  f»r  an  innocmt  ])< -rson  this  day. 

Atkinson.  1  never  licaid  an  ill  word  a:;*iiinst 
the  king  or  governmeut  drop  from  Mr.  Jtose- 
wellinmy  hie.  I  am  not  upon  niy  oath,  but 
know  myself  to  be  bound  to  dr  cjurc  and  tell  the 
truth,  and  nothing  hut  the  truth. 

Ros.  lam  conhdent,  my  lurd,  he  would  not 
speak  what  he  would  not  svvcur. 

L.  C.  J,  The  jury  are  judge.-*  of  that,  31r. 
Rosewell,  1  must  leave  it to'them. 

Roi.  Pray,  Mr.  Atkin.>un,  was  3Ir.  Smith 
with  you  ?  ' 

Atkinson.  Yes,  and  I  have  scnl  one  to  cull 
him. 

Ros.  Pray,  Sir,  let  measky«»u  as  to  what 
MistrcfiS  Smith  ^.1vs,  that  I  should  soy  of  the 
recorder  being  muile  a  j  ui Ige  ".' 

Atkinson.  1  never  heard  youspcuk  any  such 
wonls  in  my  life. 

Rot.  V[Mi\  the  last  day  of  August  last,  at 
Mr.  Shed's  house,  she  says,  that  1  did  use 
that  expre^ision. 

Atkinson.  As  to  Shed's  house,  I  was  then 
sick,  and  was  not  there.  If  my  lord  will  giv  e 
Bie  leave  to  look  upon  my  note-book,  I  can 
tell  what  day  1  was  there. 


1634.— TriV/  of  Tkmas  Rcmeell,     [il6 

Smith.  It  was  at  one  l)anie1  Weldy's  bouse, 
as  I  think,  that  you  spoke  about  the  mayor, 
and  the  sheriflii ;  but  what  you  said  about  fbolf 
in  scarlet  gowns  was  at  Shed*s  house. 

Ros.  Was  there  any  meeting  at  the  meet- 
ing-house, since  July  last,  upon  the  Sabbath- 
day  ? 

Atkinson.  Truly,  I  lie  not  able  to  it^member ; 
but  if  my  lord  please  to  give  me  leave  to  looL 
upon  my  note- book,  I  can  give  an  account; 
for  1  writ  down  every  day  the  place  where  we 
met. 

L.  C.  J.  Prithee,  look  upon  thy  note-book  ; 
for  I  have  a  mind  to  know  something  ont  of 
tbat  note- book.  Prithee  tell  me  what  w  as  in- 
sisted upon  the  14th  of  September? 

Atkinson.  My  lord,  I  only  have  a  note  of  the 
day,  of  the  place,  and  of  the  text. 

Ros.  Pray,  Sir,  did  you  hear  me  speak  of  n 
great  man  in  Grace-church-sti*cet  at  the  upper 
end  ;  and  that  if  it  had  not  l>ecn  for  him,  the* 
fire  hail  been  qucncliird  ? 

Atkinson.  I  never  heard  that  expression  froni 
you  in  all  my  life.  [Then  31  r.  Smith  cams 
m.l 

nos.  Pray,  did  you  hear  any  such  thing;,' 
Mr.  Smith  :' — Smith.  No,  my  lord. 

Ros.  My  lurd,  1  can  bring  all  the  rest  to  tes- 
titv  the  siime  thing,  if  your  lordship  viill  let  me 
call  them  ovt  again. 

L.  C.  J.  Do  as  you  will,  I  would  not  restrain 
you  from  any  thnig  of  a  legal  indulgcneeji 
that  is  fit  to  give  to  any -man  in  youroon- 
dition. 

Atkinson.  What  day  of  the  month  dojott 
say  it  was.  Sir,  that  you  spake  of  the  recormr  ? 

Rm.  The  :>lst  of  August,  1  think. 

AlUnaon.  At  that  time  I  was  sick,  and  irift 
not  there. 

Ro$.  Pray,  3Ir.  Smith,  have  you  ever  heai4 
me  priMcIi  upon  tlit*  30th  of  January  P 

Smifh.  Yes,  Sir  ;  I  have  heard  yon  upoo 
that  day,  and  upon  that  text,  that  we  should 
pray  fur  kings  and  all  in  authority.  You  kepi 
it  as  a  day  ot  uuuiiiiatiou,  and  you  abhorred  tiM 
r.ction  of  that  day.  It  was  kept  very  solemnly, 
tor  the  bewailing  the  horrid  murder  of  our  tale 
king.  And  you  were  so  far  from  giving  any 
Luuntenance  to  the  action  of  that  day ,  tbat  joa. 
detested  it,  and  preached  very  much  affauHt 
it,  and  you  have  always  preached  up  kingly  go* 
vemmeut. 

Atkinson.  Sir,  you  were  asking  me,  if  there ' 
were  a  meeting  since  July,  in  the  mcetiug- 
h'Uise  '.* 

Uns.  Yes,  l)ocaur:c  she  says  there  was  on0 
npnn  the  lOlh  of  September. 

L.  C  J.  h'  youlouk  uiMin  your  notes  agaiBi 
Mr.  Uusi: well, 'you  will  fmd  it  was  the  Idth  af 
.August. 

Ros.  Where  were  you  upon  the  lOtli  of 
August? 

Atkinson.  I  was  at  homesick  then;  itiii, 
written  down,  your  lordship  may  sec  it. 

L.  C.  J.  Do  you  take  notice  where  jotV 
heard  the  meeting  was,  when  you  were  sirJtf' .-• 

Atkinson.  Yes,  my  lord,  I  have  a  short  timt 
of  it. 


STATE  TRIALS,  36  Charlus  !I.  l6S4.-*/or  High  Treasm.  [US 

Hecorder.    Not  a  penny  that  I  know  of,  or  i 

Any  a^croent  for  it  * 

Has.  Pray,  8tr,  will  you  acquaint  the  courts  j 


i  C,  X  Wbcre  wag  ihe  meeting  then  ? 
f^itA?:!.  In  ihe  tnc^i        ^    tr;e,  aa  I  heard, 
.  a  X  P^y,  recti!  .  If;  and  look 

I  your  book,  h"*v  '^  , ,.  ,1  there  ? 
ikinton.    Mv^'                ^  *be  lOlh  of  Aug, 

2' J     VVh'ta        -i:„.Li  take  that  note, 
your  word,  now  t 

inmn.    When  my  family  came  home, 
o<ly  did  tell  me  that  day,  or  the  next  day, 
i;.  J,  Well,  wJicre  was  u  the  time  before"  ? 
kuuon.  The  3d  of  Aug^ust^  at  Mr.  Crook- 
'a ;  the  text  was  the  Heb.  xith  7>     The 
the  racetinff- house,  myself  at  home  ; 
tldca  the  8Ui  and  13th. 
My  lord,  these  gentlewomen  say,  they 
seTeral  meeting*.      I  desire,  my  lord. 
Be  witnesses  may  be  called. 
C.  J.  Call  whom  you  will.     Who  do  you 
I  fint  f 

,  Tliomas  How,  My  lord,  I  conW  brings 
pJb  of  witnesses  as  tv  this  point. 
C.  /.  Well,  there  is  Thoiiuis  How  ;  to 
t  purpose  do  you  call  him  ? 
f-  Bly  lord,  to  te!stfty  to  that  she  should 
■  bcfcTtv  sir  George  Treby,  that  Mr,  How 
\  at  a  contenticle  such  a  time,  when  he  was 
Mil  Bod  tlipnrfnre  I  desire  him,  thnt  he  would 
flhaUr  t  lit  truth  of  that  matter. 

lina  i  will  testify  the  truth  a3  lar 

[kiiaw  jr  ;   biit-  ypnt  thrtieteU' ■ 

t\  /    How  do  voii  know  tkat  ? 
r.  So  they  %',m, 
.C*  J*    Thiit  is  no  evidence  ;    and  I  lare 
rliat  tl»ey  said  :    If  you  know   any   thing 
'T«l  y*»ir  own  kuowiedge,  speak  it. 

,_.  11l^  offered 

.CI/-  1  tell  you  their oflering  signifies 

Iw.  My  lord,  it  is  an  year  and  a  linlf  a^, 

* *^^''  ^*  '*  ^  never  so  long  ago»  if  it 

I  they  Httid,  it  signifies  nothing,  H 

^  etrideuce  ;    but  if  you  can  say 

ir  own  knowledge,  you  say 

tiie  we  will  hear  it. 

'    some  questions  1  desire 
«  to  Mr   Recorder. 
J  *  ..  fifder  be  really  to  answer 
Eh  all  my  heart. 
n  *f*  r,  1    ile&ire    you   would 
nee  to  testify,  whei her 
B13  teeming  >!rs.  Baihoe  ? 

ICJ,  Who  IS  she? 

My  lordf  it  is  whether  there  was  not  a 
"cle  »wom  before  Mr.  Reconler  against 
'athoe :' 

^1  cannot  well  tell,  Mr,  Rosewell. 

on>irtion  before  me  (;*s  I  remera- 

r  r.iif  ^^        1^  !nfce  for  a  eonvenlicle  j 

i  I  •  witneJs  told  you  just 

t  ijud  IT  [1  oiii  iic'f  own  conffssjon* 

Oo  you  l<now  any  thing,  pray,  8ir,  of 

ntiun  that  was  made  upon  that  cod- 

r.   No,  Sir  ;  ynn  do  not  think,  snre, 

I I  stake  compoaitiona,  or  know  any  thing 
h«io? 

%9.  Was  Of  I  the  mc^tjeyy^ir,  patd  back 


bow  that  matter  was  really  ? 

Recorder,   ^\t%,  Bathoe  came  to  me,  and  ^ 
said,  she  was  mistaken  if  any  f^uch  worda  did 
pass  from  her  ;  for  indeed  there  was  never  any  \ 
such  conrenticle  as  Mrs?,  Smith  swore  aha  had  < 
confessed.      Upon  that  I  sent  for  3Irs.  Smithy  , 
and  bid  her  consider  of  it,  whether  there  1 
really  any  sucli  conxenticlc  ;  and  Mrs.  Bathoe 
had  brouffbt   her  appeal  and  it  is  dependini^  ^ 
now,  and  will   be  beard    the  n«Btt  (][uarter« 
sessions, 

Ros.  Prav,  Sir,  did  you  tell  her,  that  sbo 
misiit  have  Ker  money  again  ? 

Recorder,  I  did  tell  lier,  Mr9,  Smith  wa»' 
mistaken,  and  did  not  insist  upon  if,  and  she 
would  have  her  money  returned  again. 

Ros.  Pray,  8ir,  did  you  send  yotir  warrant  4 
foroneCartivriffht  imder  your  band  ? 

Recorder.  Yon  ask  me  a  hard  q\iestion  ;  I 
might  send  a  summons  for  several  pereonS|  t  i 
cannot  remember  all  their  names. 

Ktyii.  By  whom,  I  prav>8ir  ? 

Recorder,  i  catiiKii  leU  who  1  sead  all  my  ^ 
suramotis  by. 

Roi.  Was  ft  not  by  these  two  women,  Mrt. 
Smith  and  Mrs.  Hilton  * 

Recorder,  I  cannot  tell ;  it  may  ho  it  might 
be  so. 

Ros.  Pray,  Sir,  what  did  you  say  to  Mr- 
Cartwright  When  he  came  thither  P 

Recorder.  I  cannot  rcmc?mhfr  pnilLCularYv* 

Ros,  Sir, did  you  not  ask  him  whathefiail 
to  !^ay  against  ihe«e  wHoessei  that  are  produced 
against  me  ? 

Recorder.  My  lordVl  remember,  when  Mr^ 
Cartwngitt  carue  to  me,  I  did  ask  him  socot 
such  question  ;  for  they  had  told  me  that  liev 
had,  by  a  person,  been  tampering  with  thetn 
to  take  them  off  from  prosecuting  a  great  niaogr 
persont. 

Ros.  By  whom  were  you  told  so,  Sir  ? 

Recorder.  By  ihemaelTes.  I  know  nothing 
of  it :  But  I  tell  you  the  reason  why  1  sent  for 
him  i  because  tliey  told  me,  ihcv  went  in  dan- 
ger of  their  lives  ;  that  they  could  not  walk  the 
streets  in  satcty,  hut  they  hatl  stones  thrown  at 
ilipm  ;  and  they  were  ri^vo.'iched  qs  common 
inlbrmcrs,  and  Were  beset  hard  with  applica- 
ti  on  $  of  money,  to  tiike  them  off  from  prose- 
cuting. And,  among  the  rest,  ihey  conuilaioeil 
of  one  Cartwright,  that  he  had  been  dealing 
with  them ;  and  it  was  upoo  ihat  acr^ount  that 
1  sent  for  him,  to  know  what  be  bad  to  say  i 
against  them. 

X,  C.J>  These  questions,  Mr.  Roae well,  pet-  ' 
haps,  may  Ik?  bviter  let  alone. 

Recorder,  I  have  aeen  a  letter  that  dots 
ihreiiten  them  very  much  ;  but  1  cannot  say 
whence  it  comes. 

Rm.  My  lord,  1  desire  to  ask  Mr.  Recorder^ 
whether  or  no  he  did  not  send  lor  some  of  my  . 
wiiuesses  ? 

Recordc  r.  I  do  not  know  your  witnesses,  S&*, 

Roi.  Did  you  send  for  oot  Riihard  Oibha  of 
Rotherbitb  ?' 


Slff]     STATE  TRIALS.  36  Chabibs  II.  i6H4,^Trial  of  Itawm  Bnn 

fetsed  in  truth  they  were  not; 
[dications  to  compound  for  the  foi 
they  should  have  their  money  agi 

L,  C.  J.  Prithe^i  ask  him  in  g 
does  he  kuow  of  her  ? 

Harvey.  Elizabeth  Smith  cam 
of  mine  m  April  or  May  last 

Alt.  Gen.  Were  you  by  ? 

Harvy.  Yes,  I  was  by.  Sh 
friend  pf  mine,  I  say,  and  she  t 
she  could  swear  against  him,  and 
for  a  oonsiderabte  value  of  for 
conventicles — 

Z.  C.  J.  What  friend  of  thine 

Att.  Gen,  Where  does  that  fri< 

Hai-vey.  In  Southwark. 

L.  C.  J.  What  is  his  name  ? 

Harvey,  One  Games. 

L,C.J.  What  trade  is  he  P 
A  sail-maker. 
Whereabouts  does  he 


Recorder.  Yes,  he  was  eonitable  at  Rother- 
hith. 

Ras.  Pray,  Sir,  upon  what  account  did  you 
tend  for  him  ? 

Recorder,  I  did  it,  because  I  heard  the  con* 
atables  of  your  nde  durst  notexecute  their  war- 
ffants,  for  lear  of  the  rout  of  the  people. 

L.  C.  /.  I  tell  you,  these  questions  were  bet- 
ter let  alone. 

Rot.  Mr.  How,  that  which  I  call  you  for,  is 
whether  Mrs.  Smith  has  not  offered  to  swear 
before  a  justice,  that  you  were  at  a  oonventide 
when  you  were  not  ? 

L,  C.  J.  She  says  she  does  not  know  any 
thine  of  her  own  knowledge. 

Roi,  She  cMlTered  it  a  year  and  a  quarter  ago, 
before  sir  George  Trebv. 

L,  C.  J.  Were  you  by  when  she  offered  any 
sochthiiM^? 

Ho»,  fwas  by,  when  she  was  before  sir 
George  Treby ;  and  she  went  into  a  yard,  and 
offer^to  inform  against  one  Mr.  How  for 
being  at  such  a  conventicle ;  but  1  was  not  the 
man,  she  said. 

Rjos.  My  lord,  she  had  sworn  it. 

X.  C.  J.  No,  no,  she  had  not  sworn  it,  slie 
only  offered  it,  and  for  aught  I  perceive,  she 
is  a  very  careful  witness,  to  see  that  she  does 
not  fix  upon  the  wrong  person. 

Ro8.  Then  if  it  please  your  lordship,  I  de- 
sire John  Townsend  may  be  called.  £Who 
came  in.]  Pray,  will  you  testify  what 
you  know  concerning  Mrs.  Smith's  swearing 
ihat  Mr.  How  was  at  a  conventicle  f 

Tuwnsend,  Sir,  1  will  tell  the  truth  as  near 
as  I  can  ;  I  cannot  tell  the  day,  it  was  about  a 
year  and  a  half  since,  that  he  was  out  of  town 
of  the  lx>rd's  day,  and  that  day  was  remark  - 
able,  for  I  met  him  coming  to  town,  and  it  was 
about  the  ereuing,  about  nve  of  the  clock,  and 
that  day  they  hi^  brought  him  some  notice  of 
«  warrant  for  the  seizing  of  his  goods,  for  that 
he  had  been  at  meeting:  Now  he,  understand- 
ing when  they  were  to  make  affidavit  of  it  be- 
fore sir  George  Treby,  he  desired  me  to  ^o 
with  him  thither,  and  I  went  with  him,  and  he 
asked  her  if  she  knew  the  man.  There  he  was, 
and  I  was,  and  one  more,  and  there  came  one 
Stranger :  And  we  went  out  to  the  light,  and 
ahe  looked  upon  all  of  us,  and  knew  never  an 
one  of  us. 

X.  C.  /.  You  use  to  go  to  conventicles,  all  of 
you,  1  warrant  you  f 

Just.  Wit  hint.  She  was  not  much  out  in  her 
conjecture,  I  dare  say. 

X.  C.  J.  But  she  seems  to  be  very  careful, 
that  she  did  not  swear  against  the  wrong  fier- 
•00.  And  (speaking  to  Mr.  Townsend),  If  she 
had  sworn  that  thou  hadst  been  there  that  day, 
I  warrant  you  she  had  sworn  true. 

Rot,  Is  sir  George  Treby  here  ?  [He  did 
not  appear.]  Then  I  desire  Mr.  Thomas 
Uarvcy  maybe  called. 

X.  C,  J,  There  he  is;  what  do  you  ask  him? 

Rut,  My  lord,  to  prove  that  this  Elizabeth 
fiknith  swore  that  strml  pertona  were  at  se- 
TttalooBfoitidif,  wUokalM  aftsrwaida  eon- 


Harvey, 

X.  C,  J. 
wark? 

Harvey.  By  St.  Mary  Overy's 
he  came  to  me,  and  desired  me,  i 
meet  and  speak  with  her  ;  I  me 
it  was  about  the  Exchans^,  at  th 
there  was  she  and  anoUier  felU 
She  told  mc  she  could  swear  aa^aii 
such  ;  and  desired  me  to  give 
drink,  which  I  did,  and  then  she 
story,  and  demanded  either  10  c 
and  that  that  should  take  her  off 
ing  against  them.  I  told  her,  1  c 
thing  to  it ;  but  I  would  acquaint 
I  did,  particularly,  Mr.  Games.  '. 
not  fit  to  give  her  any  thing  ;  wh 
returned  to  her.  She  tidd  me  si 
])oor,  and  if  she  could  have  but  sc 
would  declare  who  it  was  that  v 
but  upon  reasonable  composition 
had  offered  to  swear^  she  would  i 
had  taken  the  copy  from  a  sister  i 
I  think,  she  said  her  sister's  nan 
Farrar,  as  I  remember. 

X.  C.  J,  Did  she  offer  to  swe 
against  you  ? — Harvey.  No,  my 

L.CJ,  You  know  tliat  Gam 
don't  vou  ? — Harvey.  Yes,  my  h 

X.  C.  J.  Does  he  use  to  f  requc 
constantly  ? 

Harvey.  I  do  not  know  that, 
have  known  him  many  years. 

X.  C,  J,  Do  you  live  near  liim 

Hiircey,  No,  1  do  not. 

Rot.  Fray  call  3Ir.  John  Cat 
Mr.  George  Norton.  [Mr.  C« 
peared.] 

Ros,  3Ir.  Cartwriglit,  I  desir 
please  to  testify  what  vou  know  ] 
ing  Mrs.  Smith,  who  Lutli  testifie 

Carf,  My  lord,  nuiv  it  please 
the  t2d  of  July  last,  'Mrs.  Smitk 
together  from  seven  o'clock  in  th> 
half  an  hour  afler  eleven  ;  and 
we  went  to  a  constable,  one  Alex 
in  Aldersgate-street ;  and  from 
went  to  Moorfieldi  to  kwkfinr 


"A 


STVRl  miALS,  36  Charles  II.  l684.-^or  High  7V»rmi. 

ce;  but  there  was  none :  And  from 
re  went  into  3Ioorfiekls  again,  and 
neimtman.wboni  we  supposed  was 
neeting;  andtbismanwc  followed 
f  almost  an  hour's  time,  that  it  was 
time  of  day  tbat  it  now  is  tiiat  I  am 
Hiatdaj  she  convicted  Mrs.  Batboe 

I  meeting  in  ber  house ;  when  she 
e,  and  another  man,  that  she  never 

hooM  of  Mrs.  Batlioe ;  and  then 
me  morning  tliere  was  one  Rice 
it  was  convicted  of  a  coiifeuticle  at 

,  Dpon  ber  oath. 

Sow  do  you  know  tliat? 

I I  was  told. 
But  it  may  be  yon  were  told  a  lye  ; 

oly  speak  what  you  know  yourself. 
rheu,  my  lord,  several  times  she 
M  to  coDTict  with  her,  when  I  never 
•meeting ;  and  also,  she  has  of- 
irict  with  me,  when  I  have  been 
ihe  hmth  not  been  there ;  and  she 
DT  wife  to  convict  one  Dod^s  mect- 
editcfa,  and  my  wife  refuserl  it,  be- 
vs  not  there. 
Were  you  by  when  she  asked  your 

■y  end  please  your  honour. 

Who  did  youteli  this  first  to? 
aeyou  bunted  along  with  her,  why 
go  and    roniplain,  when  she  had 
■  propositi  such  a  thing  to  you  Y 
jbrd,  I  did  not  so  well  understand 

did  you  first  of  all  tell  it  to,  I 

Jhl  of  all  told  it  to  one  Smith. 
Was  this  before  Mr.  Rosowt^ll  was 
kr  ? — Cart,  It  w  as  afterf*  anls. 
Did  you  go  to  Smith,  or  did  he  come 

waa  throuG:li  aiiothcr^s  means  that 
ipeak  witli  Mr.  Smith. 
Wbowas  that? 
(was  throiigii  u  OoUlsmith's means. 

What  i^  His  niur.e  .' 
Gi  name  ia  Ferrv ;  he  lives  in  New- 
L 

,  Huw  can^c  he  tu  ur'i'ici>:tand  it,  to 
together? 

ieeaiise  he  luidiTstoorj  tiial  I  was 
Smith  thai  tmiL  tl:iit  shr;  e-onvictnl 
MC^and  was  CMncoriK-ii  »iiit  iier.  I 
•vany  thiusf  <if  3Ir.  l^o^c  ivi:  A  that 
L 

Ki  ibe  DOttell  you,  she  would  do  as 
me? 

fk^  did  offer  mc  this ;  that  if  1  would 
Wver  anv  met'tiii^'-,  slif  woiiln  coii- 
IPlagh  litie' w:is  n<tt  tiien;. 
U.f/bo  didst  thou  icll  a  thinp^  of  this 
ff^tif  to  Mr.  Smith,  aiul  that  Ciuld- 

I  it  first  to  that  Mr.  Smith. 
VIkb  these  witnesses  ant  I  thin^ 
bs  dondfLl  never  put  any  j^cat 
tttMrn    ThttK  come  to  serve  a 


[SSS 

turn,  and  never  make  any  discovery  till  you 
are  taken. 

Ros,  My  lord,  you  may  observe  it  was  her 
common  practice  to  convict  upon  a  report, 
nor  havinv  any  eye  or  ear  witness. — 

L.  C.  J.  Well,  I  will  observe  what  he  has 
said ;  but  I  tell  you  what  I  think  of  it. 

Cart,  8he  has  asked  me  to  do  it  several 
times. 

X.  C.  J.  AH  that  I  can  say  to  it,  is,  it  seems 
she  looked  upon  thee  as  so  very  a  knave,  as  that 
thou  wouldest  have  done  sucfi  a  thing* ;  and,  it 
may  be,  she  was  not  mistaken. 

Ros.  Then  call  Mr.  George  Norton.  [Who 
appeared.]  I  call  you  as.  a  witness,  to  declare 
what  you  Know  of  Mrs.  Smith's  importuning 
you  or  any  one  to  swear  c^ainst  meetmgs. 

Norton,  Yes,  she  has  oftcretl  to  swear, 
but  1  cannot  say  with  him  ;  for  1  was  not  pre- 
sent all  that  time.  All  that  1  can  say,  is,  that 
she  owned  she  was  never  at  Mrs.  Batboe's 
house. 

L.  C.  J.  So  she  says  still  ;  and  it  agrees 
with  all  the  rest  of  the  evidence  :  It  was  only 
hear -say. 

Ros.  Then  pray,  will  you  please  to callJohii 
Holison  ? 

L.  C.  J.  There  he  is :  what  say  you  to  him? 

Ros.  My  lord,  1  bring  this  witness  to  testify, 
that  Mrs.  Smith  swore  there  \\  as  a  conventicle 
at  such  a  place,  when  there  was  none. 

Hobson,  Sir,  there  was  none  since  I  came 
into  the  house,  to  my  knowledge, 

L.C.J,  What  house? 

Ros,  At  Mr.  liales's ;  she  swore  there  was  a 
meeting  upon  the  13tli  of  July. 

Hubson.  There  was  none  to  the  best  of  my 
knowledge. 

Just.  Withins.  We  must  not  convict  people 
of  perjury  upon  such  evidence.  •  Indict  her  of 
pcrjurVj'if  you  have  a  mind  to  it. 

L.  C.  J. 'Where  is  the  instrument-maker  f 
Atkinson  ?  Bid  him  send  me  his  book.  [Which 
was  done.] 

L.  C.  J.  Were  you  at  every  meeting  always 
that  he  preached  at  ? — Hobson,  No,  my  lord. 

L.  C,  J,  Then  there  might  be  many  meet- 
ings that  yon  do  not  know  of  ? 

Hobson,    I  live  next  door  to  this  Mr.  Hales. 

L,  C.  J.  You  used  to  go  frequently  to  hear 
3Ir.  Uosewell,  did  not  you  ? — Hobson.  No,  Sir. 

L.  C,  J.  [Having  fooketl  upon  the  book.] 
Was  there  any  meetmgthat  you  kno^v  of,  the 
l.'Jthnf  JulyV 

Hoh.'U)u.  \one  there  ;  he  lives  the  next  door 
to  me, 

L.  C.  J.  U'as  there  no  mettinf/-  no  where 
there -awa^  ? 

Uohsini.  Not  that  I  know  of. 

L.  C.  J,  She  swears  to  that  day,  at  Mr. 
Halfs's. 

/i<).v.  Ay,  and  to  tho  very  place. 
•     L.  C.  J.  Do  you  know  oiu.^  Hodgeson  ? 

Atki/ison,  ll'is  Hudson,  loy  lord. 

Hohaon.  No,  my  I'inl  ;  J  do  not  know  him. 

L.  ('.  J.  ^\ovv  \ou  ever  at  his  house  at  au^ 
meeting  ^ 


SeS]     STATE  TRIALS,  Stf  Charles  IL  i6S4.«-7Wc2  of  TImm  Ibm 


Hobton»  No,  ray  lord ;  I  never  was  at  any 
aieetiiig  thefie  two  years. 

Rot.  He  liTes  next  doorto  the  house. 

L.  C  J.  There  may  be  a  meeting  next 
/door  to  my  hoosetwenty  times  over,  and  I  not 
know  it. 

Ros.  Then,  pray,  call  John  Crook.  [Who 
came  in.]  Pray,  Sir»  do  von  know  whether 
there  was  any  meeting  at  Mr.  Hales's  the  13th 
of  July? 

Crook.  No;  I  never  heard  of  any  such  thing 
bat  what  was  according  to  his  own  use  amongst 
his  family.  I  liye  under  his  roof,  and  never 
yet  did  know  that.tiiere  was  a  meeting  there. 

JRm.  Pray,  call  Sarah  Whibby.  [Who  came 
in.][  I  desire  she  may  be  asked,  whether  Mrs. 
Smith  did  not  swear  there  was  a  conventicle  at 
Mr.  Hales's  the  13th  of  July:  and  whether 
there  was  any  such  thing  ? 

Whibby.  lliere  was  none. 

X.  C.  J.  That  you  know  of,  you  mean. 

Whibby.  I  am  certain  of  it. 

X.  C.  J.  How  came  you  to  remember  the 
day  particularly? 

iVhibby.  I  can  tell  you  by  a  very  good 
token ;  because  the  chimney  of  my  honse  was 
on  fire  that  day. 

X.  C.  J.  nfow  do  you  recollect  it  was  the 
13th  of  July? 

WhUfby,  Because  there  was  a  neighbour  of 
cur's,  that  is  a  waterman,  that  was  sent  for  to 
wait  upon  his  majesty  ;  and  I  went  that  day  to 
call  him  to  quench  the  fire ;  not  finding  him  at 
home,  I  went  further  to  call  more  help. 

X.  C,J.  How  can  you  tell  that  it  was  the 
13th?  It  might  be  the  '^Otb,  for  aught  you 
know. 

Whibbi/.  No;  it  was  the  13th. 

X.  C.  J.  How  can  you  tell  that  ? 

Whibby.  Because  tueie  was  another  meeting 
on  the  2ath  day,  for  which  I  paid  20  shil- 
lings ;  and  I  can  remember  my  chimney  was 
on  fire  that  day. 

X.  C.  J.   \Vhat  day  of  the  week  was  it  ? 

Whibby.  It  was  Sabbath-day. 

X.  C  J.  Why,  if  my  chimney  was  on  fire 
the  14th  or  15tb,  it  may  be  I  can  remember  it 
a  little  while,  but  how  came  it  that  you  do  re- 
member it  so  long  ? 

Whibby.  ItwasthciathofJuly. 

X.  C.  J.  How  can  you  be  sure  of  that  ? 

Whibby.  Because  it  was  the  Sunday  before 
the  meetinff  at  Mr.  Bowen's. 

X.  C.  /.  Where  was  the  meeting  that  day 
your  chimney  was  on  fire  ? 

Whibby.  I  did  not  know  then  ;  but  I  knew 
since,it  wasatMr.  Hudson's. 

X.  C.  J.  Then  you  have  been  instructed 
about  it.  But  pray  do  not  think  you  come  hero 
to  serve  a  turn. 

Whibby.  It  was  at  Mr.  Hudson's. 

X.  C.J.  Was  there  a  meeting  on  the  13th 
of  J. sly? 

Whibby.  By  relation  there  was  ;  but  I  was 
not  at  it. 

Ro$.  My  lord,  I  bring  her  to  testify  there 
was  no  meetmg  at  MrTiiales's  that  day. 


X.  C.  J.  We  know  wellodough 
linff  saints  can  lie. 

Whibby.  I  have  answered  the  tr 
I  know. 

Ros.  I  only  ask  her  about  Mr. 

X.  C.  J.  Sne  shall  answer  sdch 
the  court  shall  thmk  fit  to  ask  her 

Rot.  How  far  is  your  house  froo 

Whibby.  Next  door. 

X.  C.J*  How  far  is  your  houi 
Hudson's  ?—IF*t*5v.  A  great  wa' 

X.  C.  J.  Wasit  half  so  fiu*  as' 
fetch  the  waterman? 

Whibby.  That  was  but  three  d( 
Mr.  Hodson's  is  half  a  mile,  I 
mile. 

Rot.  Then,  pn^,  call  Anne  Cc 

Just.  Withint.  Well ;  what  do 

JRoi.  Mrs.  Smith  hath  sworn,  tf 
a  conventide  at  Mr.  Hales's  the  1 
I  desire  to  know  of  you,  wheth 
such  an  one,  or  no? 

Coliim.  The  13th  of  July  then 

Rot.  Upon  your  certain  knowlc 

CoUint.  Upon  my  knowledge 
none ;  I  can  justify  it. 

X.  C.  /.  Not  there  you  mean,  at 
but  do  yon  know  there  was  an^ 
else? 

Collins.  No,  not  to  my  knowled 

X.  C.  J.  Do  you  know  Mr.  Ho 
there  any  there  that  day  ? 

Collins.  I  know  one  Hudson. 

X.  C.  J.  I  thought  you  liad  sail 

Collins.  No,  it  was  Hudson. 

X.  C.  J.  Was  there  any  convei 

Collins.  I  cannot  tell  any  thing 

Ros.  Then,  pray,  call  Sarah 
Susan  Bathoe.     [Sarah  Bathoe  a] 

L.  C.J,  Well,  what  say  you  to 

Ros.  That  wliich  I  call  Mrs.  1 
to  pro?e  that  Mrs.  Smith  was  mi: 
she  swore  that  Mrs.  Bathoe  pen 
venticle  at  her  house  the  20th  of 
which  Mrs.  Bathoe  was  convicted, 
lier  appeal. 

X.  C.  J.  You  do  mistake,  Mr.  R 
says,  that  Bathoe  confessed  that  tl 
a  conventicle  at  her  house,  as  she 

Bathoe.  She  has  convicted  me. 

X.  C.  J.  Ay,  but  it  was  upon 
sion. 

Bathoe.  No,  I  ne\cr  confess! 
thing  ;  for  I  had  none  there  at  t 
did  confess  any  such  thing. 

X.  C.  /.  Had  you  ever  any  c 
your  iiouso  ? 

Bathoe.  Tliat  is  not  it  that  I  a 
to  now.  I  desire  to  be  excused  frc 
that  question. 

X.  C.  J.  Then  I  will  not  bcliei 
talked  as  long  as  you  preach. 

Hot.  There  was  an  api>eal  t 
lonl. 

Att.  Goi.  She  is  not  a  witnes 
own  ease.  It  would  be  a  fine  tl 
4 


fiSS  ]  STATE  TRIALS,  36  Charles  II.  1 684.— /or  High  Treason.  [9SS 


womaii's  story  slioald  pre? ail  here  a^iiist  posi- 
tive testioiooy.     [Then  Susan  Bathue  came 


kid 


Im.  Mrs.  Smitli  hath  sworn,  that  Mrs.  Ba- 
Iboc  had  a  couirenticle  at  her  house  the  20th  of 
Julv. 

L,  C.  J.  No  ;  she  only  swears  thai  Mrs. 
Bathoe  coalesscd  it ;  hut  herself  was  not  there, 

Jtof .  Did  you  confess  it  ? 

JLC.  J,  So  matter  what  she  says;  it  all 
l|ieu  with  that  testimony  that  she  has  now 
givefl  :  tills  matter,  it  seems,  is  depending^  u|K)n 
SB  apfieat,  and  so  she  testifies  for  ficrsclf.  And 
vkra  I  ask  her  whether  she  ever  had  any  cou- 
Itsiiile  at  het  bouse,  she  will  not  tell  me  ; 
vbich  induces  a  suspicion,  that  she  does  not 
MM  fi>r  a  fair  pur^iosc,  but  only  io  serve  a 

Bm.  Pray,  Mrs.8usanBathoe,  was  there  any 
Wh  coorenticlcff  ? 

B§tho£.  There  \«as  none. 

L  C.  J.  Why,  I  tell  you,  you  mistake  still, 
k  Souih  swears  that  Airs.  Batlioc  confessed 
to  her,  that  she  had  a  conventicte,  but  slic 
she   was  not  there.    And  take  all  to- 


fHho',  Ktring'  she  will  not  answer  ^Uieihcrshe 
OThad  a  cum  enticlc  ;  and  so  it  may  bo  «nily 
tMake  just  nf  the  day  :  or  she  might  teU  Ikt 
i^Wany  thinir  Appears;  and  for  oug-lit  1 
%■»  Hales  has  had  convent  id cs :  and  what 
Mtti  to  the  purpose  of  \^hiohyouarcac- 

Mai  Call  Mr.  John  Feme.  [lie did  ap. 
fnr.')  II7  lard,  I  desire  3Irs.  llathoe  may 
MtfiiMaT. 

jCC/'Let  her  stay  then.    What  do  you 
olAiijaiafor  ? 
Mm,  It'ntty  |>ri)\eslie  has  compounded  ron- 
Pray ,  Sir,  citi  \  ou know  whether  !\lrs. 
bath  e«iiiipoundt'd  with  Airs.    Bathof, 
conviction,  to  set  by  the  pruseciitiou  ; 
fliHn.  Isathoi*  was  prevailed  with  so  to  do? 

hrme.  >1r^.  Fiathoccauic  t<i  me  nboiit  r.  or 
■4ysaj^i  ;  s:iys  she,  I  niiist  *^v\.  you  to  *^o 
^■t  to  the  Ht^cunlfT's.  I  uiu  pi-i>ini?(-'l  ruy 

S again  that  was  paid  upon  il:o  ai»rM'al*l 
t.  I  wasi  j^Iad  to  hciir  it,  and  w:iit  with 
ht\  UH'time  appointed  ^as  five  or  six  o'clock. 
IvMthi-it:  a  little  after  tive  ;  and  Mrs.  Hmilii 
maot  there,  thut  was  one  uf  the  v> itue^scs 
i|lB  her  c'jrivictioii,  Eli/.ubcth  Siiiilii,  for  \ 
,  Britd  her  with  a  notice  to  att(  n<l  the  Ui.-forucr. 
Vcvcre  iIktc  a  second  time,  al  the  Bccordor's 
teibrralHim  si\oVlock  ;  «he  w^usnot  roiiu*. 
W«mfited  hard  by,  an>I  wr-ittii  thi:d  Liinc  ;  ai.d 
iiilbevi -IS iht-ix-,  ai'd  <lcsiped  my  sister  lo *>.- 
btrthkt  she  wa^  r.otthcn-  ctulirr;  but  she 
ilMldouU but  she  should  have  hrriMUTicy  ; 

to *e the  Recorder.    Mr.   Utrorikr 

liifRcral  above  with  him.  We  waited  an  b^iir, 
Witfif.  Mrs.  Smith  went  up  and  my  sis- 
wot  up  w'tiii  her,  or  ti^llout-d  her:  uii«), 
ilheRcGonler  to  her,  arc  not  \ou  ihu 
npnthitwas  %vith  inesuch  a  lime,  with  .Mrs. 
■■»?  Yes,  Sir,  (says  she)  I  was.  Says 
WkMmifle  vu.maka  surji  haste  away  P 


I 


Upon  that,  Mr.  Courthopc  steps  forward  with 
the  l>ook  ;  Sir  (says  he)  I  have  paid  it  in  to  the 
clerk  of  the  peace,  Thtm,  says  the  Ilcconler, 
it  is  out  of  my  hands,  1  can  ^o  no  further: 
but  promised  a1\erwai*ds  to  speak  with  sir 
William  Smith,  the  chairman  of  the  sessions, 
about  it. 

L.  C.  J.  I  can  make  nothings  of  all  this. 
What  a  business  is  here  ! 

Feme.  8lie  seems  to  be  a  rash  woman,  ready 
to  swear  any  tiling;. 

L,  C.  J.  Oh  dear.  Sir !  and  you  seem  to  be 
a  grave,  prudential  sort  of  a  man. 

Ros.  If  she  did  not  swear  that  this  nieetinnr 
was  at  Mr.  Hales^s,  why  was  he  convicted  for 
that  meeting  P 

L,  C.  J.  I  know  liothing  of  the  conviction 
at  all ;  it  is  the  first  time  that  I  have  heard 
of  it.  , 

Hos.  Then  if  your  lordship  nicase,  we  desire 
to  have  the  rt»coril  of  It  read  ;  here  it  is. 

L.  C.  J.  Make  it  appear  that  she  sw  ore,  and 
that  what  she  swore  was  false  ;  and  then  you 
say  soim'thing". 

lio:f.  We  desire  to 'have  these  copies  of  re- 
cords read.  Here  it  is  '  per  Testimonium 
'  Kjizabethflc  Smith,  or  per  sacramentum.' 

L.  C.  J.  Prove  that  she  swore  it. 

Jio!'.  My  lord,  v.'o  had  a  very  gracious  an- 
swer concerning  the  petition  that  my  poorT^iii: 
delivered  to  his  sacred  majesty  in  reference  to 
her  coming  to  me  ;  wliir!i  his  majesty  granted 
with  a  great  deal  of  compassion.  He  remitted 
it  to  your  luixlship,  and  your  lordship  did  second 
it,  for  the  having  the  use  of  what  records  should 
he  necessary  for  my  defence.  And  tiponwhat 
application  \vc  made  to  the  Attorney- Genera!, 
it  WHS  readily  granted:  but  for  the  searching 
of  the  records,  we  ha\e  desired  the  Recorder, 
an- 1  cannot  have  it. 

L.  C.J.  You  are  much  misinfiirmed  inthat 
I  will  tell  you  ho'v  it  was:  Yom*  wife  und  A 
yoiM'LT  niau  came  to  me,  a  matter  of  a  fort- 
niglit  ago,  and  did  tell  :iie.  there  were  srver:il 
■ree:»ri!s,  thiit  wen*  necess'oy  for  your  de/eiu'i-, 
ami  iln*  iKv-'ircKr  refused  to  let  > oil  luMceopiis 
(»f  liieiu.  I  toI:t  her  then,  Codtoiliid  but  thut 
\i)U  sliouM  h:i\i*  .-ill  manner  of  helps  from  n- 
eo;<ls,  that  wrre  neccssriry  for  your  trial ;  and 
thereiipoii  I  did  ivipiire  my  brother  Jeiiuei\ 
who  is  Itf^cnrdcr,  to  atteml  to  shew  cause,  why 
Ih*  did  refuse  tv»  Ivt  ymi  have  any  records  thai 
\«iu  til'. light  iu;.'ssary  for  your  defence:  Ami 
lu  y-avi'  uietliis  li»r  onWerj'lliat  they  were  w.- 
<!M-.l>«.-.l  e«>nviciiuns,  :ind  were  retuvn«'d  to  the 
si'-.^i'Mi'"  if  peace  ;  some  toSarre\  ,  uiid  soiiu' 
into  ill.' lloi'X,  ami  svnue  w.MT  ill  "lu;  clerk  of 
ilir  jj-  ;•.(■».  S  hands.  *\  hereuji.ui  I  told  your 
\ni*»  .  it  *:he  woulil  iro  to  the  i  l(il»  of  tli*'  peace 
t'Tecjjiiis  of  the  re<  ordf;,  iftht-v  i!id  not  reudiiy 
givr  \(»u  eopi-.s  :'.lj, our  eliaiiie,  I  uoiild  make 
tluiii  ilo  it,  if  .siieVaiiM*  to  eomj'i;i:ii  to  me; 
and  it' tiny  would  not,  I  would  l.iy  tiieni  by  the 
heeN.  \\  ln:ii  in\  hiolhi  r  J«-mier  e;iuieto'  nie. 
said  1,  I  hi'lieve  that  which  they  have  a  mind 
to,  is  to  know  upon  whi»si'  testimony  the  con- 
victior.s  arc  made.     -Novy  that  is  tio  part  of  th# 

U 


9S7]     STATE  TRIALS,  a&CaABLis^lL  iSU^—THaU/Thomat  Rt^twrtl, 


conviclioa  ;  tnil  tlitl  we  tbought  ouj^ht  not  to 
lie  grautei).  Sqt  in  there  any  law  tor  it ;  for 
that  is  to  open  a  way  to  tite  taiupi^ring  with 
the  kinr>  W]lni>s^!!^.  Ailcr  ihk,  theSre  i»ii«t 
Mr.  WaTlopf  that  came  and  moteU  the  court  of 
Kingf's  Woch  about  this  txialtfr  ;  aii<i  we  jLfavc 
hitn  the  Rame  anstver,  that  for  any  one  to  dls- 
«0f erthe  k\»^*ti  j^iUicssw  beibn>  thc^  eorae  to 
trial  i^as  not  to  be  allowed  by  law.  If  Mr, 
Attorney  had  come  here,  arwl  wiid,  pray,  gi*c 
IIS  a  list  of  all  the  witiu'>ses  that  Mr.  Hiosewdl 
will  oiakc  use  ol*  at  his  trial ;  we  shouM  have 
denied  his  niotmu.  <jihI  Ibrbid  l^ut  that  tlit; 
mritoesses  you  brio^  sbouhl  be  heard  ;  and  that 
tlie  witnesses  they  brin|^fihoutd  be  heard  ;  but 
Hre  tnuRt  prevent  tampering  wilb  the  witnesses 
on  all  sides, 

Boi,  If  the  wilncases  are  snppiTssed,  it  is 
inpoiflsiblc  to  encmiiiter  their  testimony. 

L.  C.J.  What  do  you  roe^ia  by  snppreaaing 
the  tvitnesses  ?  They  are  here  proilured* 

Mm.  Their  n&mcs,  my  lonf,  upon  the  records. 

X.  C  J.  Their  nanica  are  never  exposed,  nor 
«uffjit  to  be. 

nv$.  >ty  lord,  it  is  that  which  must  enable 
Ave  to  mal^e  my  itefcnce.  If  we  could  have 
tlieir  names,  w%  CMilA  prove  them  peryured, 

L,  €.  J.  It  c«DDot  ne  by  law.  Yon  have  the 
wine  benefit  that  all  the  rest  of  tlie  king's  sub- 
jects have.  If  any  one  be  convicted  of  trcasou 
by  witnesses  (twenty  in  number)  we  never 
^iter  them  upon  the  record  ;  and  ti*  any  be 
aeijuittcdf  the  testimony  of  the  evidence  upon 
that  a<Mpiittal  is  never  entored  upon  record.  It 
may  be  in  your  matter^  it  was  not  upon  the  tea- 
tiiiinuy  or  wUnesst!s  that  the  convictinii  was; 
lint  upon  the  notoriety  of  tb*'  lact,  ur  by  con- 
Cession,  as  in  the  cuFf  t»f  Mrii.  Bathot;  ;  that 
was  by  confession,  and  wrtne«»soiJ.  Th<-  noto- 
ri<*ty  of  the  fact»  or tlie  coutes«>ioh  oftUc  piiiiy, 
are  oU,  and  each  of  them  sufiicicnt  to  make  a 
er>nviction  by  record.  Yon  have  tliesnmo  li* 
bcHv  that  every  sidijecl  ha«. 

ifojL  MrCourtbopeisthelleeovder^s  clei^^ 
that  saw  the  convictions  in  the  tieiL  of  ll^ 
peace's  hand* 

r..  C.  X  We  cnnnot  tell  tliat,  without  tjie 
rli  »k  r»f  tJie  peace  was  here, 

lioi.  Pray  where  is  Mr.  Charles  Walker? 
f  He  appeared »]  1  desire  you,  hir,  to  testify 
whftt  yrju  know  conccToing  the  coiiviction  t»f 
l'fi/alnjth  Smith  upon  Mr-  Hates*  for  a  con* 
vtiitic'le  at  his  house  the  13tli  of  July. 

llV*7Axr.  You  had  a  copy  of  itftom  the 
clerk  of  the  jujace  ;  1  made  it  out. 

Rom,  Of  Mr  Hales  and  Mra,  Bith'^e,  do 
you  mean  f 

Wuikrr.  No,  only  of  Mrs.  Batlioe. 

Ein.  Then  1  suppoHe  we  may  have  it;  and 
thi^  clerk  will  testify  it  to  be  a  true  copy, 

IVnihrr.  Thisi<i  a  true  copy. 

L.  C.  Jf,  Then  tualte  what  use  you  plra  e  of 
It     W  ill  yon  Iwive  it  read  f 

l?oi»  No,  my  ford,  not  yet,  If  your  lord- 
shr- ; '  -  I'desire  Ktchord  Drew  may  he 
*  u  I  we  ver,  if  your  lordship  w%U  let 

\kiw.  .v.v>  .iiui  paf!!t>j^e  in  it^  that  1  ctiuaoi  so 


pt^ 

so? 

would 
>k  t3fl 


well  read,  it  is  ilk  court  b^'  ^ 

Crown  reads.]  *  Memomi 

♦  ralem  Sesi^ionem  pacts  pro  Loin    Muhl  ^r\ 

*  timo  dieOctobiia,  tricesiino  sexti»»  \c.' 

L.  C.  J\    What  do  you  make  from  t!j 
Here  is  a  record  of  the  conwction^  which  sayi 
tl«it  by  two  eredible  w  itm^scs^  unCi  the  no-=' 
toriely  of  the  fact  she  \iascunf  icted 

Ho*.      Pray   call   Rieh«t.l   Ih.-.*        rvviro 
came  in .  T     PVa  y  Hi  r,  \v  1 1 
M  rs ,  8mit]i  *s  prat-tice  in  n  i 

Drrw.    Upon  the  lltli  ol  July  iiLst   tbi 
was  an  aei^uaintance  of  mine,  llj^t  «ho  did 
tend  M'as  at  a  moeiin^ 

L.  C.  /.    Who  was  that  that  did  pretend  so  ? 

DretP*    Eli7iibeth  Smkh ;    and  vtie  would 
have  bad  some  money  of  him.     He  eaoM  l» 
\%ye^  atnl  asked  my  advice.     Yes^  said  I,  1 
)ou  lijul  better  ^ive  her  money,  than  to 
the  ha/.ard  of  swearin*^  a^atma   you  :    So 
did»     He  took  roe  alontf  wiiii  him  to  a 
where  they  were  to  meet,  where  she  tnolt 
shillings,  and  pr<ocaiscd  lie  should  come  inti»  oa 
further  trouble  »1>oat  it  r 

X.  C^  J.  Hail  he  ber  ii  at  a  eonventicle  or  not  t 

.Dreii'.  That  1  cannot  say. 

L.  C.  J.  Do  you  believe  lie  was,  or  w  ;w! 

Drew.  My  lord*  I  eaaiMit  say  tliat  he 
or  was  not. 

X.  C  J,  But  that  IS  not  the  nucKiian  I  ajiJi 
you  :  for  you  would  not  penwifwie  him  to  ~ 
her  money,  if  he  had  nothi-eu  al  a  coiivvtil 

Drew.  My  lord,  1  did  not  know  whetliar 
was,  or  was  noL 

X.  C*  J.  I  ask  yon  agpain,  did  you  believe 
i;i  as  or  was  nt»t  f 

Dreu\  I  believe  he  mif;ht,  by  hJv   >-  ■"* 
wilhnjf  to  take  my  advico  ;  tbouf^'h 
was  a  base  thing  to  give  her  any  moii: 
a  matter. 

Rat,  Prav,  call  James  Howard.  __ 

L.  C,  J.  There  he  is  ;  what  would  you  Iti 
with  tiim. 

Ros.  ^I>  lont,  I  crave  leSTi*  Hrst  to  ntik  M 
tress  Shaft oe ;  Are  you  Mr  HiUonn  wilbr 

Smith.  Yes. 

Ros.  Then  1  desire  IVfr.  Hmvard  may 
what  he  know  s  <  "     (♦listrtss  8mi 

But  Hrst,  wlii*  ire  you  ,* 

Smith,   GeOP^r  nniu*  s. 

Hoi*    What  then  do  you  know  df  her, 

liofuurd.  r  was  once  drinking  a  cup  of 
ill  Grub-street,  where  she  did  lake  a  parcel 
money  in  the  concern  of  the  king,  my  loi 

X,  C.  X   Prittiee,  speak  up :    In  w  hat 
cem  P 

Hofwtitd^  $1ie  look  a  bribe  in  the  eoacem 
tliekin^. 

X.  C.J.  What  dost  thou  me^m? 

liowwrd.  Uf  a  person  that  had  breti  H 
meetina. 

X.  C.  J.  Priibc5e,  what  bribe  wan  It  T 

llouard*  About  II  or  12  siiillinys^ 

X.  C-  X  Prithee,  of  whom  was  it? 

H         '    'I* he  man  t  never  saw,  vm 
woiii  1  came  in  by  chance. 

X.  V .  .■ .  . *v  V  ioo^  ajio  \%\Sx\&  ?  , 


^29}  STATE  TRIALS,  SG  Chari.es  IL  J 6Si.^for  High  Trtifsom 


HoKCTxL  AlH>ut  the  middle  of  July  last. 
L»  C  J,  Who  ditj  you  di$cor«r  tbis  luttlter 

Homnrd.  My  lord,   I   was  only  drinkiiifT  a 
oip  nf  ale ;  ami  1  disecovered  it  to  Mr.  Dreu , 
wmat  inillcd  last. 
Jl  C.  J,  Was  Mr.  Drew  one  o£  them  ? 
HcnrairJ,  No;  Mr.  l>rew   1  tirii   nciitiainted 
;  tie  is  111^'  aeighboiir. 
L\  /.   W  lieo  were  you  at  ckurcU  last  ? 
tfc«K«rt/p  The  last  Lord's  day. 
/*,  C.  J,  WbettJid  you  receive  the  sacra- 

tiarard.  Hy^ord,  t  ocfCf  did*  We  have 
10  piiri»fa -church  at  pn^ent  ;  it  is  now  *- 
kidob^. 

/*  €,  J.  Where  do  yon  live? 

Motparti.  lo  Mugwell  street. 

L.  C  X  Uaie  you  no  {>ulilic  preaching'  in 

isb? 

I  do  hear  Br.  Fo\*ler,  and  Mr- 
too,  eotnetiiues. 

That  is»  V  hen  there  is  no  eouveu* 

ipose)  iu  the  way.  That  Mr.  Hinytliies 

dwler  are  both  very  well  known, 

t$  Mr*.  Anne  Farry  here  ?    [She  did 

ar  ]     Pray  call  Mrs.  Anne  H i^jjirenson. 

Aneai>t;d.  ]    Do  you  know  Mi^.  Shaftoe, 

ridtoB*  as  fihe  is  called  ? 

M  y  lord ,  1  ha  v  e  v  cry  Uttl  o  kno  w  - 

a^it  ber ;  I  Itave  known  her  hut   a  very 
litil^. 
.Bail  What  te^^timony  can  you  give  of  her 

CUBWIMlJiOll  r 

Bm$auon*  Smoe  I  have  known  her,  1  have 
h^xmmmt  lil  thinga  of  her :  iiut  1  cannot 
9ptak  to  any  thing^  of  mine  own  knowled^. 

X.  C  J  *Wfi\%  so  jieople  may  say  a  great 
■M8I  i^fyou  that  you  do  not  deserves 

nartih  iiii^  of. 

Hm.  Call  Aane Carter.  [8hcdid  not  appear.] 
Idatie  sir  John  Talbot  would  please  to  fie  ex- 


Mt  appear 


J.  C.  /.  Here  ts  sir  Jolm  Talhol  by  nic. 
iKof.  Sir,  i  desire  you  would  please  to  testify 
tslhr  court  and  the  jury  what  you  know  con- 
'  '•'     ■" -iventation  of  nui^tress   Sbaftoe^ 

Mrs.  Hiltno. 
.-„..  .».iA>£.    She  was  a  aenrantt  that 
my  bouse  a  great  many  years  ;    but  I 
t  tise  to  converse  with  her. 
^Soi.  No,  Sir  John  ;  but  what  do  you  know 
'  her  conversation  while  she  hved  in  lOur 
wumf 

%  /.   Tafbot.    AH  that  I  know  of  her,  is, 
ifce  had  nov^y  good  character  in  the  family. 
L  (',  X    Do  vou  know  any  thing  of  your 
«wnk        ■  ? 

Sir  As  to  any  thin^  of  my  own 

bowknigf  J  I  cannot  speak  ;   it  is  all  no  other 
in  hiear->«av  from  all  the  family. 

.  C.  X    But  I  ask  you  what  you  know  of 
r  own  knorwledge,  Sir  John.     TeU  us  tl»e 

tlUr*  vnii  yOUnilf  kuOW. 

It  was  the  complaint  of  all 

l^le  house,  that  she  was  guilly 

^  ttihay  to  and  stories  io  the  taimly. 


Jloff.  Was  she  reported  in  the  family  a  Ire- 
tjuent  lyar  ? 

Sir  /  Talbot,  She  had  that  cha^-acier  in  tl>c 
family;  all  the  servants  ('omplaimtd  of  it.  I 
only  inow  of  other  ihinj^s  siuce  she  v%  as  gone 
out  of  the  family  ;  and  lliat  she  has  been  coo- 
cerneil  in  an  odd  sort  of  practice<»  about  at- 
tempting to  steal  away  a  younof  lady. 

L.  C.  J.  Do  you  know  of  a  of  your  owa 
knowledge  f 

Sir  X  Talbot,  I  had  it  frotn  herscH;  and 
upon  her  own  af&rmation. 

£.  C.  X  What  wtt»  that  ? 

Sir  J.  Talhvt^  It  was  alnjut  the  practice  that 
had  beeii  set  en  foot  of  chL^atinq:  people  of 
raone}'  for  procuring  Ibrtuiwis  ;  iiuriiculariy 
eoncernincrltie  daughter  olone  sir  H  airy  Jones. 
And  there  have  a  great  many  gentlemen  Inrca 
abused  about  town  in  that 'matter,  and  made 
beliete  that  this  woman  had  an  interest  in  her, 
and  would  put  this  great  fortune  into  their 
hands  :  I  have  not  been  privy  myself  to  a»y 
of  the  negociatioos,  1ml  1  have  understood 
iherL*  were  such  practices;  there  was  one 
Salem  and  she  that  wei^e  engaged. 

L,  C.  X  Look  you,  sir  John,  Do  you  know 
this  of  your  own  knowledge  ?  For  %ve  must 
not  hear  evidence  to  take  away  people's  repu- 
tation by  hear-say  :  If  she  hnth  confesseil 
any  thing*  to  you,  you  may  speak  that,  and 
let  MS  know  it. 

Sir  J.  Talbot.  My  lonl,  if  it  be  not  too  long 
to  give  yon  tlie  circumstances  how  1  came  to 
know  if,  [  will  tell  you  what  1  have  been  in- 
formed about  it. 

X.  C.  X  No,  that  k  not  evidence,  sir  Jolm  ; 
unless  you  know  it  yourself,  or  had  it  by  her 
confession. 

Sir  X  Talbot,  IMy  lord,  I  do  not  come  here 
as  a  voluntary  evidence,  but  I  am  here  called 
upun.  And  J  "in  v  lor<l,  I  think  I  ought  to  give 
my  lestiinunv,  Tlu  ntan's  hie  be  concerned. 

J.,  C.  X  iind  s^  ought  %ve  who  arc  upon  onr 
oatlifj,  to  insist  n^m  it,  that  you  give  legal  evi- 
dence, what  you  know  of* your  oivn  know- 
ledge ;  and  1  ask  you  here  again,  whtdher 
what  you  relate  he  of  your  own  konwledge, 
or  what  was  by  hear-say  ? 

Sir  J  Tot  hot.  My  lord,  1  had  notice  sent 
me  by  a  letter,  That  there  was  a  gentleman 
come  to  Thistlenortb  with  a  coach  and  four 
horses,  with  a  design  to  steal  Mrs.  Jones.  I 
cannot  ftemembcr  vmether  there  was  any  name 
to  the  letter,  but  soch  a  letter  was  sent,  and  1 
was  to  inquire  about  it  of  this  Ellinor  ShaiV>e, 
who  was  engaged  in  the  design.  I  sent  to 
her  to  come  to  me,  and  she  did  come;  and 
told  me  that  there  had  been  such  a  practice  of 
one  Salem,  and  she  would  bring  a  ijentk'man 
to  discover  the  whole  business,  and  she  did  so ; 
and  brougtrt  this  Hilton  (by  whose  name,  as 
her  husband,  she  owns  hersett^,  and  he  came 
to  me,  and  gave  me  a  note  of  several  gentlc- 
men'.s  names  that  were  toaccrticd  in  it  j  and, 
t  behcve,  I  have  a  book  wherein  their  names 
are,  1  then  asked.  Why  she  did  let  it  sa 
long  rem,  and  the  busi&ess  go  oa  »a  ^  ?  Mr. 


931]     STATE  TRIALS,  36 Charles  II.  l684.— TV-ia/  f^ttomai  Rauwetl, 

Hilton  did  confegs,  that  one  particular  fj^entle- 
inan  had  been  kept  in  treaty,  who  was  a  coun- 
try-man, and  came  to  live  ui  town,  and  was  in 
town  the  greatest  part  of  the  winter  upon  this 
de4>!vii ;  and  did  walk  that  way,  expecting' that 
this  Nau  Carter  should  hrhigf  clown  this  Iieiross, 


eto  that  they  mitjrht  have  an  opportunity  to  steal 
iier.  Mr.  llihnn  had  no  otner  way  of  an- 
phmtion  to  me  hul  by  this  Shafloe. ;  and  he 
(lonfissed  himsflf,  that  he  was  a  party  con- 
cerned in  tho  dcsif^ii. 

L.  C.  J.  Ay  ;  but  what  did  Udton*s  wife 
say  ?  For  wli'at  he  said  is  nothing^  to  the  pui- 
jioso  in  this  point. 

Sir  J.  Toihot.  81ic  is  one  that  I  had  no  com- 
munication with,  nor couTcrse,  while  slie  was 
in  my  tamily,  othcr\vise  than  as  an  ordinary 
servant ;  but  this  same  Mrs.  Junes  was  my 
ward. 

L.  C.  J.  Did  she  confess  she  had  any  desi^fn 
in  this  matter  ;  or  was  to  have  a  reward  tor 
scttinfijf  the  matter  on  foot  ? 

Sir  J.  Tulbat,  \o,  my  lord  ;  she  did  not 
particularly  confess  she  had  any  hand  in  the 
desii^^n,  but  it  was  that  which  several  other 
persons  have  come  and  inquired  since  of  my 
tiinuly  abiiut ;  who  have  told  me,  that  there 
ivas  one  Shafto^,  otherwise  Hilton,  that  was 
cpnccrned  in  it. 

L,  C.  J.  That  is  no  evidence,  Sir  John,  1 
inust  tell  you  again. 

Sir  /.  Talbot.  My  lord,  I  cannot  make  the 
evidence  otherwise  than  as  it  is.  I  tell  you 
>vhat  I  know. 

X.  C.  J,  You  understand  yourself  so  well, 
sir  John,  that  you  know  it  "is  not  evidence  ; 
;ind  you  arc  not  to  talk  of  what  other  people 
havetoid  \ou. 

Just.  }i'Uhin$,  How  long  did  she  live  in 
your  family  ? 

^■ir  J,  Tfiihot.  I  cannot  tell  how  loni^,  my 
lord,  but  1  believe  she  was  there  ten  yrai*s. 

Just.  Withins.  Th^t  is  a  strange  thing,  that 
you  sliould  keep  an  ill  woman  so  long. 

Sir  J.  Tttlhot.  My  lord,  v  ilh  your  permis- 
sion, she  was  a  S'jnant  when  thi't  child  came  \ 
to  me,  )ind  when  the  mother  died  ;  and  my  I 
wife  did  not  think  tit  to  put  her  away  ;  s<i  she 
came  and  staid  v»ith  the  child  as  lonp^  as  my  t 
wife  could  keep  her  ;  but  at  last  bhe  did  fa.  '< 
Oitnit  ditfei'cnces  in  the  family,  lies, and  stories,  ! 
and  was  found  to  be  a  pers«)n  not  fit  to  live  in  { 
the  family  ;  and  therefore  my  wife  was  afraid  '. 
to  keep  tier  any  longer  and  put  her  away.         j 

£.  C.  J.  Well,  i\lr.  Rosewcll,  have  you  any  I 
other  witnesses  !* 

Ras.  Pray  call  Anne  DilUnarham. 

J..  C.  J.  \Vell  what  do  you  ask  her  P 
.   Hot,  My  lord,  I  bring  this  i\  it ness  to  prove 
coneiTo-ng  Mrs.  ShaAoe,  alius  Hilton,  that  she  ' 
off  CI  ill  to  sweur  against  people,  as  being  at 
Vou\t..itiL'!e.'i,  uliom  she  had  never  seen. 

DiiUngham,    ^9^e  lodged  in  my  house,  .  iid 
is  a  VfM-y  ill  woman  ;    and  asked  nie  to  hwcm  * 
^  racetiugsthat  1  nevtTrkncw  anythimrof  at 
•U  in  my  life.     I  never  was  at  meetings  but  \ 
l^lmt  thvteoii  yoar^  a^      {  asked  her  why  I  J 


should  s\vcar,  or  what  I  coold  swear  to  ? 
told  me,  1  should  have  a  share  of  the  mi 
if  I  would  swear  to  what  she  said,  whet 
wore  right  or  wittng,  1  should  have  a  slia 
I  would  but  swear. 

L.  C  J.  How  long  ago  is  this  ? 

DiUingham.  Two  years  ago. 

L.  C.  /.  Who  did  you  tell  this  to  first  i 

DUlingham,  My  lord,  I  am  subpo 
here  to  give  my  testimony. 

L,  C.  J.  That  is  true  ;  but  who  did 
tell  this,  that  you  Ulk  of  first  to  ? 

DUUn^ham.  My  lord,  I  never  told  it  t 
body  but  her,  except  it  was  to  my  own 
banil. 

L.  C.  J.  But  why  would  you  keep  t 
a  secret,  and  not  tell  it  to  any  body  ? 

Viltin^ham,  Why,  my  lord,  Tdo  not  i 
it  for  any  malice  to  her  jat  all,  I  assure  yo 

L.  C.  J.  Where  do  you  live  ? 

DiUin^ham.  In  Long- Acre,  at  the  Gn 
Ball. 

L,  C.  J.  If  you  live  in  Long-Acre, 
came  you  to  discover  any  thing  of  a  n 
that  was  transacted  at  Uotherhith  ? 

DiiUnghum.  31  y  lord,  I  know  nothing 
of  my  own  knowledge ;  but  what  she  } 
have  |)crsuaded  me  to. 

X.  C.  /.  But  how  came  she  to  talk  ti 
about  a  matter  at  Rotherhith?  Or,  yon  to 
any  thing  about  her  ?  That  1  desire  to  k 
and  how  you  came  here  ? 

Dillingham.  One  Mrs.  Peirce,  thai 
neighbour,  asked  me  what  I  knew  of 
andso  would  subpoma  me,  because  she  k 
at  my  house. 

L.  C.  J.  How  long  did  she  lie  at 
house.'' 

DiUingham.  I  cannot  tell  ;  I  believe 
half  a  year. 

L.  C.  J.  Well,  what  iHwame  of  her  ? 
did  slic  U^have  herself? 

DiUinghtim.  My  husband  turned  her 
the  house,  and  would  not  entertain  her 
cause  she  kept  compnny  with  a  man  thi 
none  of  her  liusband. 

L.  C.  J.  Why,  can  you  tell  when  they 
niarrif d  i* 

DUlinehmn.  She  went  as  the  wife  o 
George  IJilton,  when  she  was  nor  married 

L.  C.  J.  How  !  Was  sho  not  married  i 

lJtUin"ham.  No,  they  witc  not  ms 
then.  He  was  not  her  husband  then.  ' 
are  a  great  many  of  our  neighNiurs  tha 
say  more  than  1.  She  is  a  naughty 
woman ;  a  very  ill  woman  ;  if  I  sliould  ca 
whore,  1  believe  she  might  trouble  me  ti 
but  I  believe  il  to  be  true 

L.  C.  J.  Have  you  any  nwre  witn 
Mr.  Ri  sewell  1* 

lifls.  .\'',  II' \  li>rd;  hut  I  hope  your  kn 
will  i^ive  me  icavc  to  say  something  t 
court  aijd  jury. 

L.  C  J.  Mr.  Attorney,  have  you  any 
vtitnesses  to  call  tor  tbe'king  ? 

Att.  Gen.  My  loni,  we  have  some 
qcsscs  to  support  the  credit  of  thc^e  witn 


23S1 


STATE  TRIALS,  36  Charles 


that  we  ha?e  produced :  But  we  do  not  tliink 
tbeffe  is  any  »eed ;  nor  that  it  is  any  way  di- 
Biaisbed  by  the  defence  of  tlie  prisoner  at  the 
ter. 

L.C.J,  Do  as  you  please,  Mr.  Attorney  ; 
fo  en  your  own  way  ■ 

'  Att'Grn.  >o,  rny  lord ;  we  shall  trouble 
TOOT  lordship  no  further  with  any  evidence. 

L.  C.  J.  Tlien,  3Ir.  Rose  wolf,  let  us  hear 
vliat  you  ha%e  to  say  further  li>r  yourself;  for 
alltlie  wiuifftses  ha^e  been  heard,  of  one  side 
ia4  the  other. 

Mr.  Hmttnreil.    My  lord,  and  dear  country- 

noi,  who  are  to  hemvjud^  in  this  cause  this 

Aiy,  what  I  now  speak,  is  with  resjM^  as  much 

to  their  precious  .souls,    who  are   concerned 

cidKr  in  prusri'Ution,  or  tryini^  of  uic,  as  my 

mfaf<:ty.     There  is  not  a  man  of  you  of  the 

'jmy\  thc.ig-h  you  are  stranpfers  to  nie,  but  1 

••wl  by  down  my  life  to-morrow  to  save 

laeof  your  souls,  if  I  mi^ht  bean  instrument 

Iktffin :  How  much  more  then  all  of  them, 

i  the  mnsMderation  be  taken  of  the  worth  of 

li  inniortal  soul ':*  Your  lordship  knows,  and 

iai  teosibk',  liow  unlit  I  am  now  to  do  such 

iflhiof  as  this  is,  in  the  company  of  so  many 

laned  raitleiiien  of  tlie  loni;  robe.  1  ha?e  be- 

Inttd  uready  t<io  much  of  my  i^'norance  in 

■^liainf,  and  1  hcj;  your  parilun  for  it ;  and 

Ibably  than k  your  fordship,  and  the  court, 

fcilkiiBdol^encc  tliat  j^ou  nave  shewed   to- 

MiiiBe  in  my  infirmities.    You  are,  my 

M  Mil  the  presence,  so  in  the  place  of  the 

niM,  the  judjii^e  and  lord  of  all,   at  this 

«]:  \m  are    Clohim,  I   have  said  ye   are 

«l4;  wbMe  propei-ty  it  is  to  help  the  weak, 

Mi<p«yiMK>nat<r  the'  innf>rtMit ;    therefore   I 

ttktdki  apfilfig-y  in  reference  to  my  own  in- 

■wat  ii ,  and  niv  ^rrat  inability  to  sum  up  the 

fMbthat  have  bren  in  this  cause.     If  you  will 

|M»y  m*akn%?NS  in  competition  with  their  vast 

M»m,   who    arc  of    counsel   for  the  king^ 

ipOM  mtr,  and  my  i^'norance  in   the  laivs  of 

^  bntf  a:n*in<t    their   arreai  kriowle<lg^e ;    1 

«»r4Hii  cxniTt  lo  he  overtlirown,  notuith- 

■»^".'iio  .  '-e  is  very  innocent,  and  1  have 

Wit.-*  •!  i:'.-  •ve'Sence  of  (rod  the   trulli  of 

■f  bfar:  «lr  .  f..i\  .      An'l  if  1  were  to  be  calh'd 

•iHeliftr  *,!  i!)/.  .J-   si  C-..d,  the  jiu|;^re  (if  all 

*fe«th.  ''..t-jr.-:  I    nU  .p,   I  shoiilft  ^jieak  the 

■■^th"  ••».  i-j;  I    »?ii'.t,   airl   .. »  <itiiir.     fain 

•■■fck  a  lyi  iv  hfith  a  base,  ami  a  vt-ry  \%  irked 

fcuff;  nadtli-:  I  "  i:*.ke  thai  liurieth  with  urc. 

•jTrp  -   \  V.'i  'ill  lujis.     An'l  I  ]»i-ay  Ciodcon- 

'•wth**.-  I'l-ntli  «n»ucn     •'u'nin  they   have 

••!»«!♦•<!  .'f\  :;I*ummI  me    hat  thev  inav  rcpri  t 

jflkirnin  :  m  hich  (I  bU>s  '  Ind)  {  l;:i\c  pray«  •! 

■filrsn  «ii"-.i  il  ivs  f:ver  hiiico  1  was  coiifinnl, 

I  II  ill   (zikI  Willi  tiM'i'.s,  in  rharity   to 

vr:|..      And  !  Wi-lit-ve  I  ha^e  prayed 

^^- — Jus  maie'^ty   in  ime  wicrk,    than  tlsi'v 

■•^d'/otf  ri   ;iil   il;i:ii'  lives,     'i  ii''y   are  n<»t 

.■»lia5'<»  tr.'euds.  hnt  his  ciKMiiit  s  in  hriin^iny;- 

•fclte^atii'Bs  against  ihosr  that  an*  his  inu-, 

iMri,  asid  Innocciit  subjects,  as    I   am,  niv 

pikwnretH. 

*  M  Wre,  my  lortl,  I  woukl  first  observe  the 


AKsferliis 


II.  l684.-:/or  IHgh  Treason.  [S34 

variations  that  are  in  their  evidence.  In  the 
iirst  place,  Mrs.  Smith  swears,  that  the  text  1 
preached  upon  was  the  C>lstchapter  of  Genesis. 
And  hei'c  is  .Mrs.  Hilton  conies, and  she  swcari 
afterwaiHls,thatit  wasthe  i>Oth  ;  herein  they 
\'ary.  Then  I  sujtpose,  my  lord,  if  they  vary 
and  differ,  in  law  they  are  not  two  witnesses^ 
but  difTerintr  so  are  both  of  them  incredible  : 
And  I  thhikthc  Statute  haw  of  this  land  is, 
that  a  man  must  be  convicted  upou  the  oath  of 
two  credible  witnesses. 

Next,  my  lord,  here  is  mistress  Smith 
swears,  that  these  things  were  delivered,  which 
are  char<!fetl  in  the  indictment,  all  together  in 
the  morning-e.xcrcrise,  in  the  foi*enoon :  Whereaw 
your  lonlship  hns  iieurd  from  several  witnesses 
(and  I  do  not  know  one  man  of  them  but  fears 
a  lye  ;  and  would  have  sworn  to  the  truth  of 
what  they  have  spoken.  They  tell  vou)  how 
every  passage  that  these  people  woufd  pervert, 
must  come  in,  and  how  it  was  divided.  I  hope 
your  lordship  will  pardon  the  infirmity  of  two 
or  three,  a  few  illiterate  men,  that  are  weak, 
and  could  not  so  well  instruct  themselves  to 
speak  in  a  court  of  justice  upon  such  an  oc- 
casion :  But  upon  the  whole  matter,  they  give 
such  an  account,  all,  that  it  cannot  be  pre- 
sumed, or  thought,  that  they  should  agree  to 
speak  any  thing  that  was  not  true.  And  1  am 
confident,  there  is  not  a  man  of  them,'but  would 
take  his  oath  (as  I  said)  of  the  truth  of  what 
he  has  here  declared.  And  they  have  declared 
that  there  were  two  distinct  exercises,  as  1  havo 
protested  in  the  presence  of  the  great  God. 
That  in  the  mornmtif  was  upon  the  20th  ot 
( jencsis :  And  the  other  in  the  aftiTnoon  (there 
hi'ing  an  hour  that  past  between)  was  upon  one 
{^articular  verse  of  a  chapter  in  the  Epistle  to 
the  Hebrews,  quite  distinct  from  the  other 
tliscourse  that  was  in  the  morning.  She  not 
only  varies  from  ihc  truth,  hut  also  from  her 
f«>llow-witnes$,  that  it  was  all  in  one  exercise. 
This  I  submit  to  your  lonlsliip*s  and  the  jury's 
consideration  (these  worthy  gentlemen  that 
are  to  judge  of  niy  life  and  death)  whether 
they  are  two  credible  wimesses  thus  varying. 

Thn-e  he  several  other  things,  my  lord,  thai 
iKH^ausc  of  my  pr(>sent  infirmity,  1  may  uot  so 
readily  call  to  mind  ;  hut  which  ought  to  be  re- 
c.illo'fand  recolhricd,  as  in  reference  to  the 
lirr-Non,  w  hr.sr  house  we  met  at.  One  says  it 
was  (>:u- ciipt.  Dauii'l  Wehlv's:  .Another  that 
it  wa^  our  Mr.  Daniel's,  l^herein  again  they 
vary  ir  ''cfi:ivn«'e  to  the  person  ;  and  if  they 
are'oiit  in  one  thing  they  may  be  out  in  another. 

Smith.  I  can  say  nothing  about  hLs  name ',  I 
ncvn*  was  then:  in  my  life  iM-tore. 

L.  ('. ./.  >listri*ss  !  uiistnss  !  You  must  not? 
inten  tuit  him  :  he  is  upon  his  dclcMK'e  for  his 
life. 

Ko.v.  Thru,  m\  lord,  she  sa\s  that  my  text 
in  the  attcriiooti  uus  u])on  a  1*:alm ;  and 
then.'  was  no  sui'li  lliiii^-,  as  yoin*  hirdship  has 
had  il  partirnlariy  nunW  :i|ii)car  tn  you.  1 
have  ingenuously  told  you  thu  te\i  aiitl  the 
truth  :  I  li:iM>  spoki'U  it  from  uiy  heart  in  the 
prebvnce  of  tlie  j;i*oat  Clod  ;    and  ui»on  what 


S35J     STAT£  TRIALS,  36  Charles  1L  i6S4,.^Trial  of  IHomm  Rouwell,     [236 

occasion  e%'ery  passaj^e  that  they  haTe  wrested 
was  spoken  :  And  your  lordship  may  thereby 
perceive  how  most  abominably  they  nave  per- 
verted my  words.  Now,  they  having  wr»ted 
my  words  that  are  innocent  in  them^lves  (so 
itir  from  being  treason,  that  I  do  not  know 
there  was  any  fault  or  crime  in  them ;  being 
only  plain  scriplural  proofs  of  doctrinal  pro|K>- 
positions  in  divinity,  without  those  applica- 
tions that  they  have  pretended  to),  certainly 
your  k>rdship  and  the  gentlemen  of  the  jury 
will  consider  what  is  most  probable  or  likely  ; 
what  they  have  declared,  or  what  you  have 
beard  from  the  several  witnesses  that  1ia?e  coiofts 
in  lo  testify  concerning  me. 

My  lord,  I  was  going  to  s^ak  somethiog  to 
your  lordship  of  the  great  wickedness  of  their 
making  the  application  of  what  was  innocently 
spoken  and  meant,  to  the  late  king  of  England, 
and  his  present  miyesty  whom  I  daily  pray  for, 
and  always  did,  whatsoever  these  witnesses 
have  declared  concerning  me.  And  your  lord- 
ship has  heard  my  maid  testify  (whicli  I  little 
expected)  that  I  used  to  pray  fifr  the  king  every 
raoming  and  evening  in  my  own  house ;  and 
God  knows  that  to  him  I  have  addressed  myself 
for  him  daily:  And  more  than  that,  she  heard 
me  (when  I  thought  none  hot  the  God  of  hcAven 
himself  had  heani  me)  pray  for  him  in  my 
ck>set.  I  would  desire  your  lordship  and  the 
jury  to  consider,  whether  these  are  not  the 
criminals  (and  not  I),  that  they  have  ooada  ap» 
plication  of  innocent  passages,  and  wrested  the 
words,  that  were  plain  and  innocent  in  them- 
selves, to  a  wrong  meaning,  to  make  me  guilty 
of  High -Treason  ;  apply  lug  them  to  his  ma- 
jesty, when  I  never  uiicuded,  or  thought  the 
least  of  any  such  thing. 

Mv  lord,  I  doubt  not  but  there  have  been  se- 
vrruf  that  have  joined  in  it,  that  have  helftcd  to 
frame  and  forge  this  accusation  against  me. 
And  there  is  that  which  T  suggested  to  your 
lordship  in  the  morning,  in  the  beginning  of 
this  cause :  These  |>crsunK  have  not  only,  or  so 
much  sworn  nic  a  knave,  hut  a  perfect  fool 
and  a  madman,  to  speak  such  absurd,  incohe- 
rent, inconsistent,  solccistical,  and  nonsensical 
things.  I  believe  there  is  no  man  of  common 
sense  and  reason,  no  genth^man  that  is  here 
this  day,  that  cum  imagine  that  a  person,  that 
had  the  use  of  couunon  sense  and  reason,  should 
speak  such  absurd  things  as  these  are.  Be- 
sides, my  lord,  I  ha\e  brought  witnesses,  se- 
veral of  them,  to  testify  there  never  was  any 
such  thing  spoken  by  me,  as  they  have  trsti- 
tied  against  me,  and  nilsapplii^.  I  have  like- 
wise proiluccd  scv(M*al  |H-rsuns  to  gi%'€?  evidence 
of  my  usual  and  constant  pracrticti  with  relation 
to  the  king  and  govern meui  all  along,  my  con- 
tending fur  monarchy,  and  against  anarchy, 
which  did  too  much  reign  in  these  late  days  uf 
confusion,  which  I  remembi-r  by  very  sad  ex- 
perience, though  I  was  then  indeed  biit  a  child. 
And  when  I  came  to  he  a  man,  I  used  always 
to  observe  the  .SOtii  of  January,  :uid  the  20th 
«vf  May ;  preaching  upon  thosc*da>  s,  and  press- 
in^   people  tu   ouedicuce :    auJ    inveighing 


af^^ainst  those  that  had  acted  against  their  prin- 
ciples, and  were  rebels  either  agamst  his  pre- 
sent majesty,  or  had  been  concerned  in  that 
barbarous  act  agamst  his  royal  father ;  which  I 
did  utterly  abhor. 

And,  my  lonl,  mcthinks  it  should  have  heco 
very  unlil^ely  that  a  man,  that  should  make  it 
his  common  practice  so  to  do,  as  I  have  terti« 
tied  concerning  myself,  should  fall  under  wch 
a  suspicion  and  accusation,  as  I  now  am  ;  or, 
that  such  on  one  should  fall  into  such  a  solecism, 
as  the  words  tliat  are  testitied  affaiust  me  mart 
import  ;  it  is  very  unlikely.  I  leave  it  to  the 
great  God  uf  lleaveu  to  Viodicate  my  inoo- 
cency  in  the  matter ;  which  1  do  not  question 
but  he  will  do. 

Then,  my  lord,  here  are  several  gentl< 
of  the  church  of  England,  that  have 
concerning  my  conversation.  They  have  had 
acquaintance  with  me  many  years,  some  of 
them  near  20  years ;  the  kast  8,  10,  or  18. 
They  never  heard  an  indecent  word,  with  ra- 
pect  to  his  majesty,  or  the  govemmeiit,  fidl 
from  roe;  any  unwortliy  reflection  upon  either 
of  them :  But  my  constant  practice  was  l» 
pray  for  hb  majesty  with  all  eametlnen  ani 
solicitnde.  There  arc  several  of  tbein  fan* 
tlemen  of  repute  in  the  city.  There  era  pir- 
ticularly  two  persons,  that  belonged  to  an  hi^ 
nourable  famdy  in  which  i  lived  eo  mmf 
years,  who  give  a  testimony  what  my  convcfw 
sation  there  was,  and  my  constant  practice  if 
praying  for  the  king,  while  I  was  there.  Thii 
your  lordship,  and  die  gentlemen  of  the  yarfp 
have  heard  aiid  observed,  I  doubt  not. 

But,  besides  that ;  your  lordship  and  thejnry 
I  hope,  obsen'c  as  to  these  people,  who  nraw 
against  me,  what  my  witnesses  have  testified, 
that  they  would  swear  any  thing,  and  finw- 
swear  it :  and  what  a  character  is  given  can*- 
ccriiing  one  of  them  particulariy,  yourloniihb 
has  heard  from  that  wortliy  gentleman,  nr 
John  Talbot,  whose  face  I  never  saw  befoin  H* 
was  in  this  place.  And  by  tlie  last  witnea^ 
you  have  a  testimony  concerning  her  lewd  can* 
versation.  And  siiveral  other  witnesses  pratn 
she  would  swear  any  thing  for  them,  it  they 
would swifar  fur  her.  So  that  it  appears  aht 
would,  and  does  swear  at  a  venture  such  and 
such  conventicles  ;  only  unon  hear -say,  and 
mere  report :  and  that  she  lias  taken  moncgf^ 
and  made  some  comp(»sitions  too.  These  thin^ 
f  must  refer  to  your  lordship,  and  tlieae  worthy 
gentlemen  who  are  of  the  jury. 

Ifthf-n,  my  carriage  and  conversation  te ' 
well  known  in  the  world)  be  compared  wilk 
that  character  that  is  given  of  tliese  persons,  !• 
niiibt  humbly  submit  it  to  your  hinlship,  anA 
the  jur^ ,  how  ihr  they  arc  to  bcbelie%cd  againil 
mc  ;  and  might  argue  from  the  incrcdiUTity  eC 
their  testiinuiiy  :  but  your  loniship  cannot  bnlr 
remark  it. 

31y  lord,  it  is  very  strange,  that  these  t«# 
women  sliuuld  exactly  remember  these  words* 
They  agree  in  every  paiiicular  circumstanco* 
I  durst  appeal  to  your  lordship,  and  the  jnrf^ 
particuhiriy  to  thejnry,  if  now  the}"  would  on-* 


m 


STATE  TRIALS,  36CHAlltKs  IL  l6u.—f€r  High  Treason, 


r338 


ilateke  M  rapcti  upon  tUeir  notes^  the  words 
ibiihiT^fo  o4le»  been  repeated  liere ;  and  whtt- 
iber  tfcoe  is  any  of  Ibcn  woulil  be  able  to  agree 
kiitliie|MUtieiiUirwqrds?  They  have  an  in* 
"'*'  t  memory,  that  couM  so  exactly  agree 
thnt  tbcae  wen  the  i^ords.  f  do 
*usto  yuur  lonUUip.  For,  my 
n  1  i .  f'ss  ot  my  defence  very  much, 
Itely  upuii  Uie  incrcdiluliiy  and  improbabi- 
ft  kill  evi'u  ibf  iiupus>ibitiiy  of  llie  cvideni-e 
1  tWy  ba^**  t:tv(*i»,  I  liuiiibly  submit  it,  1 
wy.  twyour  bnkbip,  anil  these  gentlemoA  ; 
tlulkai^cH  with  thtfUt  and  the  great  God  of 
Emtfii,  ^]iom  1  prBy  to  direct  ihem.  1  hope 
tiiBy  will  rtHifiuler  the  lite  of  a  man^  and  the 
ittirtb  of  blood.  My  loni,  however  I  am  repre- 
waled  ih»day^  1  know  mysiLf  to  be  a  iaithful 

aKt  to  his  majesty  ;  and  to  the  great  Gtid 
^     eaieti,  wbose  I  am,  and  whom  I  desire  to 

tfy  kid,  1  will  now,  if  you  pleaie,  i&genu - 
■_  ^  ^^-_j^^y  crime,  if  it  were  any»  1  have 
Dtly  preaching  in  my  congrega- 
liatt,iKilol*yie  scriptures,  and  it  b  true,  as  your 
Mdup  ««ct,  the  chapter  came  then  iu  course 
to  be  expottodcd  :  which  1  useil  to  do,  to  let  the 
undefstand  the  scripture,  as  well  as  J 
I ;  lor  th«  people  perish  for  lack  of  know- 
! ;  and  it  i!i  by  the  kno%vle<tge  of  Jesus 
^  'i  V  must  come  to  hit?  and  salva> 
know  is  life  eternal.  It  has 
**^jr    lo  expound  the  scriptures  to 

mf  h  Ui£  presence  of  the  great  God,  before 
ilapeftk,  towliom  t  can  appeal  for  the 
landmiegnty  t»f  what  J  «iay,tliat  Godiiefore 
ibotu  we  must  uilsiaod  (all,  Whose  faces  I  see 
'  slulJ  meet,  und  see  one  another,  at  the 
tribunal)^  It  ii  to  this  God  tliat  I  appeal 
Itdlhv  truth  of  my  heart  in  these  thing;;, 
lad,  tny  lord,  1  shall  continue,  as  I  have  done, 
kMtevi^  God  diiiposeth  of  me,  to  pray  for  the 
lilriii'}  ssof  his  majesty  :  my  usuai 

_  and  evcniog^,  being-,  that.  God 
rn  uim  with  grace  here,  and   fflory 
tJicreafter.     And  this   I  shall  do  by 
^''  ^ '  d  unto  my  dyin^-day  ;  for  my 
-Mch  things  OS  have  been  tM*. 
i..i^  thi*i  day 
'  lord,  1  have  dealt  tu^  plainlv  ivitb 
■irn\  thi-  inrv,  n§  I  ca«.     My  in- 
'..' to  leave  my  whole 
'■'■  with  tliese  worthy 
country  lilt o<,  who,   I  do  not 
V  i\  jitst  rompa*»sion  and  con- 
e,  under  these  circum- 
Mid|   and  to  all  the  cir- 
Uicus  tlialtuve  been  made  out  in  this 
ttM this  Jay. 

L  C.  J.   '*      '        'ley,  will  you  please,  or 
f  m1'  tht:  i  i^eli  to  say  auy  thing  in 

ittef  ; 

^Oen.  Bio,  my  lord,  we  leare  it  entirely 
r  lordiyp. 

C.  J.  GGitlemen  of  the  jury,  thif  case 
k||  bcU  a  long  ttuie  ;  and,  gentl«meQ,  f  must 
liyQu,  nob^yougiitlo  think  time  too  long 


in  a  case  of  this  nature,  wherein  the  gotcm**^ 
mentis  so  much  concerned  on  tli«  one  sidef^ 
and  the  life  of  the  prisoner  at  the  bar  on  thi 
other.  *  Et  de  vita hominis  nulla  est  cunctatia 
'  lOTiga.'  I  think  no  man  ought  to  appreliend 
his  patience  too  much  tired  in  finding  out  tlii 
truth  in  the  case  of  a  person  that  is  tried  tor  bii 
life.  However,  gentlemen,  by  the  way,  I 
cause  the  case  has  been  long,  it  is  fit  that  th 
should  be  sonie  recollection  made  of  it ; 
in  order,  ns  near  as  1  can,  that  I  might  lielfi 
your  raemoriejs  in  the  evidence  that  hath 
given,  both  for  and  against  the  prisoner  at  th 
bar ;  I  would  endeavour,  as  well  as  1  can, 
repeat  at  least  the  substantia]  part  of  it  to  you  | 
and  in  c.i&e  any  thin^  that  is  material  he  onut 
ted,  God  forbiJ  but  it  shouhl  be  supplied 
any  one  that  is  able  for  to  give  any  assistanc 
of  that  kind  y  for  V  cannot  pretend  to  be  »o  eX4 
act,  as  to  give  an  account  of  the  whole  eviJ 
dence  myself  But,  gentlemen,  I  must  teT^ 
you  it  isa  duty  iocumwent  upon  the  court,  i 
give  you  all  the  assistance  that  can  be  in 
matter  of  this  nature,  and  I  will  do  it  with  i 
much  integrity,  and  with  all  the  care  and  cau 
tion  of  doing  no  injur%%  either  to  the  prtsone 
or  to  the  king,  lietweeu  w'hom  we  are  to  be  in«( 
different,  both,  you,  and  the  court,  as  possibU 
can  be,  that  there  may  be  no  wrong  done  oi 
the  one  side,  or  on  the  other  ;  and,  according 
as  the  prisoner  lumsolf  both  said,  w  hat  1  sha 
!«peak,  I  know  I  Kf^enk  in  the  presence  of  tb 
great  God  of  heaven  and  earth,  who  is  to 
the  judge  of  all  men.  We  are  upon  oar  oaths 
and  you  are  upon  your  oaths ',  and  we  arc  all  t 
us  bound  by  our  oaths  that  we  have  taken,  to  1 
guided  in  ibis  weighty  affair  (for  so  I  must  call 
it)  by  the  evidence  that  has  been  given  to  tis  i 
this  time,  both  against  the.  prisoner,  and  fo 
him.  For  certainly  there  cannot  be  a  thing  i 
greater  concern,  nay,  even  in  point  of  oom« 
passion,  than  to  see  any  man  come  to  be  ac-^ 
cused  of  so  high  a  crime  as  the  prisotier  at 
the  bar  is  now  tried  for.  And  he  must  have  a 
strange  obdurate  heart  and  conscience,  tliat 
cannot  so  far  participate  of  tlic  comofton  sym- 
pathy of  hun\an  n.nture,  and  his  fellaw*Gmt«i 
tures^as  tocumpas*sionateany  one  that  i 
in  such  cireumstauces  as  the  prisoner 
But  then,  on  the  other  hand,  the  denials  of  tha 
prisoner  at  the  bar,  with  all  the  imprecation 
that  he  has  made,  and  at!  the  affirmations  tha 
he  has  offered  of  what  lie  has  formerly  done| 
and  all  these  things  of  his  appealing  to 
great  God  of  Heaven  about  his  moocency,  tha 
I  must  tell  you,  of  themselves,  they  are  not 
weigh  with  you  ;  for  jour  business  is  to  ktiow^f) 
according  to  the  oath  that  yon  have  taken, 
whether  you  have  eiidence  given  to  you 
(since  you  a  re  sworn  upon  this  trial)  to  satisfy 
vou  that  he  is  guilty  according  to  that  evidence, 
^  that  if  the  attirmation  of  the  person  ac42 
though  attended  with  never  so  many  uap 
tious  one  way  or  other,  be  offered  to  persQiMi^ 
are  in  your  case,  as  jurymen,  it  is  not  to  wc 
with  vou  at  all  one  way  or  other,  if  it  be  o„.^ 
the  atifirmation  of  the  party  accused  j  for  if  so^ 


180]      STAtE  TRtAJLS,  SG  CiiABLES  IL  l€U^T}*iat^'I%ammm$meN.     \i 


I 


I 


IbMillierttiVfl  aid  never  be  anj  gfuilty  f^ieraon 
bftiu^lit  W-riifp  i»rtv  'mrv  wliatCTemer ;  or  any 
Of  I  any^a<^^i€at,  or 

be  if  hisr  Q\%n  aifir* 

mitiilii  I  iiiii  I  iiiini,  hmtM^ii^  and  hii  own  com- 
MtodBltioiis  of  [itinscir,  woutd  be  nitfiiaii^nt  to 
■equit  liictK  iirn\  set  aside  liia  aecu^alioh.  ^ 
tbat  hi»w  yon  arc  10  {(ti  accordifi;^  to  tbe  evi- 
dd  ~      l.  And  so  are  we,  a^aicuit  this  per- 

i4K:  lV»re  you. 

<it_!iiHni>°ii^  lamsjlsay  tliat  it  is  very  unto* 
wiird,  and,  I  bope^  by  this  cause  there  v»Hl  be 
ftimmiiig  giveD^  at  Least,  to  other  persotii:*  that 
Ibere  k&ve  \t^n  too  many  notorious  tmnB^ 
grsMOtB  of  the  law  in  this  mcnter  of  convett^ 
tidoi.  1  Bpeak  that,  not  to  affect  this  ease  at 
all;  but  1  speak  of  what  the  nation  haih  hail 
Intlao  woftil  ex^i^rience  of,  ds  to  tUefiCsetiittouE 
meetiD^f  thiit  tire,  and  have  bec^o  contiuiiallv 
kept  up  in  opposition  to  the  laws  ;  and  I  speak 
tiothtn^  a«  to  the  rneeting  that  was  at  this  time ; 
hui  I  *pcak  it,  that  others  may  be  warnwl  for 
futiire  tiroes ;  for  always  miiiK^hief  attends  the 
nptm  and  public  traoagresaion  ot*  tiicj  law.  God 
lorbkl,  hut  that  people  should  uorsbip  Uodj 
aodserrte  him,   ai  i  *  their  own  cf>n* 

•cieocies;  iberufoi  lia  been  so  indtiK 

gttA  to  tbctDf  m  t<»  L  :  \  t>  iiiLm  leave  to  e^xcroi-^e 
ibfirrdigioii  in  othci  munnerthan  us  i^donr  in 
thecbitrvli  of  Eugbitd;  providi-H  ''■  -   ' 
any  oirasiou  «jC  tumuU  ;  but  tli:*^ 

ahtfir*  tive^  except  those,  of  the  s.i...,    ,..\, 

Iteting  ttjgethcr  ;  i^hich  yon  knoiv  the  act  of 
pafkament  Imth  provided  lor.  And  the  truth 
of  it  is,  the  rta^son  of  ibe  Ltw  i*  very  plain  r 
For  yon  all  know,  who  at*e|rcntJlrnKV  oi'<]na- 
hly  f  that  ibis  law^  as  well  as  another  law,  that 
has  so  great  a  rehuioii  to  the  cTiS^  bHbre  you, 
liwes  declare,  that  from  I hes*  .  of  ae- 

dition  and  tiiclion  rurif eatici  i.c  clubs 

and  cabalK  of  discontented,  uic^ui^ir  j)eople, 
dtaaiTectetl  tolhelawsb'Jth  of  chiin:h  undiitate, 
Wasllie^rcat  mi:afebicf  and  cnidiLsiuti  (fmt  W]i«? 
tMrOQght  upon  us,  and  ivhich  at  Unifxtli  brtiu|^'^lit 
IB  into  thethstmctions  of  tb«  '  '       ^     , 

Gentlemen,  I  mustt^ay  hk  lo  yon, 

tbat  wbatsoevcrtlie  prisoner  «. x.r  thinks 

Dow>  tliat  Wcased  martyr  kin^:  iU»arb  s  the  list, 
was  by  such  means  brought  to  that  bovrid,  qc* 
nursed,  murderous  death  and  (Tud ',  1  cannot 
Qftllitl«s«than  so,  in  relation  to  the  persom 
that  brought  him  to  it,  nuder  the  prtitence  of 
religion.  It  was  the  cry  of  I'optJiy  and  arbi- 
tnty  power,  of  whicJi  he  was  no  way  gnilt;\% 
tlkuug-b  that  was  insinuated  into  the  rViinds  of 
•iiiy  fieople,  those  ignorant  souls,  that  wcxe 
eMtly  £aptrra|ed  with  a  base  1  ye  :  but  th:U  wok 
lb«  I      Many  of  yon/  '    j  rm,  that 

m»  Aigy  remember  ii  ":  ;  and 

many  oi  >iiu  mfe«  and  eami<pi  duk  jmveseen 
and  raadlneiiisliiry  of  tliose  times,  ami  hare 
hien  so  eonTennnt  with  the  practice  of  thejte 
people  suice,  tliatyou  arvabte  to  make  ujud|^* 
lacttt  in  the  matter.  Ail  these  sort  of  ibhigs 
wet  but  pfetmces,  and  Mr  jhcws  of  djingwous 
■ad  §edili«tis  people  ;  that  which  vitis  tnoit 
tlMgeDoiia  to\is»tthftltiiius,ttDtl  |.ani  apt  to 


fe  will  be  s^ 
peop1<i  come  i*t  ■ 
dition,  iti> 
Fnr,    a  rati.  ; 

It  a^iost  tiie   i 
'  i  of  the  citshtoTi 

the  Uiutiii^  any  dnim  in  t 
well  known  these  Mr*»  Hte 
laction*  that  luit^ 
lh«re  lo  in<3F>nse 
rillanic3$  cbat  tjo: 
us  we  know  ;  b- 
UH  into  thnt 
time^:  At: 


kiai^^m  chain«i, 

iron  ;  and  raises  (     ^ 

of  scripture-,  that  were  ci  i 

quite  tar  other  purpof»(!s,  i<> 

prsf^ices,  to  make  |»oople  kih  . 

aootntnd,  itnder  pretence  of  ^/i 

tecting  the  anointed  of  God.     iiut  mIm 

tbcy  tneun  byit'^  Prrty,  how  did  lUejc^ 

come  t4»  t)\  \:  '     :  ' , 

pery,  whi  ; 

ntl  luannur  i»i  r*  iif^i^i^'ii,  tnnu  r  n 

1 1  tut?   t^M    that   you  jfrew   to   ! 


to- 


Ihey  cuine  all  Uito  ofhie^  and  the    more  < 
va^nttbc  ni(»re  im  trrrtd ;   no  that 
t he  bf (^Kio ^\xtu\  I r  p ro v ide at^ I 

by    a   seixjud    >'  n.    trdueiiiu^    i 

some  sort  of  onler,  in  i^«t* 
jesty  (whom  I  pray  God  t^ 
orer  IIS  ;  and   sr»  ott^lit  all    U'\ 
pray),  what  a  uiiM-rabk  condith 
in  !  And  I  may  call  it  a  sr 
hvUtiT  the   re^urpcetion  oi 


U, -  ..,. 

SOTS  of  it  V 

were  the  |!i. 
Gerulemen^   I 

Tnv\  -i,  t!):it  havr  i 

king,  have  {nkvu  not  ice,  that  t 
.  all  the  tnischief  hath  lH<en  > 
Akid  iliui  the  (i^reat  iucc^ndiaries  of  all  sorts  j 
boiliou  wr-rp  tltr^e.    \'^'\\*^  took  njton   fli 


known  to  you  nil,  that  I  must   leave   to 

and  tr I        -     ^^'.  i.-i     ,j|*ane^  to  Ih 

case,  '  ■  iti!T>;    ttM 

ibnt  t                   not  jibet  orassiist  in  any  1 
tii  '                       ,  or  that  is  known  to  her 
!                          1   they   think;    far  the 
M                       *:pon  Tt  one  f line  or  aontlu 
them  prvtetul  wbat  th«y  will,     Aa  lb  at 
1 


941] 


STATE  TRIALS,  36  Charles  II.  l6S4.-:/or  /%*  Treason, 


mi 


t1«nan  say^,  he  undertook  to  expomul,  and 
teach  his  people  the  koowlcdsre  of  the  f  lOrd  : 
the  kiiowledi^  of  the  Lord  is  a  very  ^ooA 
li-sson  to  he  learnt,  and  to  ho  tauq^ht  all  pco-  | 
j)le;  but  blessed  be  God,  we  thank  him  for  ■ 
it,  we  have  chnrchmcn  of  as  gfreat  learning  | 
(without  an V  reflection  upon  the  gentleman  at  | 
the  bar)  as  lie  can  pretend  unto,  and  fiien  as  ' 
pious  and  virtuous  ;  and  perhaps  we  may  say  I 
at  this  time,  with  a  little  more  confidence'  than 
ordinary,  that  we  have  as  learned  a  clerify  as  I 
crer  was  since  reliipon  was  kno\%n  within*  this  ; 
kingdom.     And,  Goil  be  thanked,  these  men  ; 
are  not  only  learned  for  then\^lves,  but  they  \ 
exttt  themselves  for  the  jjood  of  others,  for  the  I 
satisfaction  of  that  duty  in  whicli  they  are  > 
nnplovcd,  by  their  due  and  constant  attcn'ilancc  • 
npoD  the  worship  of  Go<l,  in  their  places  of  • 
worship,  the  churches,  which  are  by   law  np-  • 
|ioiated  for  it:  and  we  need  nut  run  nito  holc&i,  ; 
aod  comers,  and  conventicles,  and  clans,  to  un- 
derstand the  word  of  God,  and  the  practice  of 
our  duty  towards  him,  or  towards  mm ;    br- 
caasewe  have  churches  to  apply  ourselves  to, 
where  we  may  learn  to  know  God,  to  ohcy 
bin,  and  theni  that  are  put  in  authority  under 
him ;  which  I  am  sure  is  a  duty  incumbrnt 
npon  evary  preacher  of  the  woril  of  God  to 
insist  upon,  and  press,  and  ur^c.     And   I  am 
lure,  wnouoever  pi^eachesata  conventicle,  can- 
not with  a  safe  conscience  preach  oUidieiico  to 
the  civil  magistrate  ;  because,  while  they  are 
in  that  very  preachin<r,  they  are  actin|>^  (lis- 
oMience  ajgainst  his  laws,  iii  retard  what  they 
do,  is  against  the  authority  of  those  law  s,  under 
which  they  live ;  and  no  man  ctm  preach  well 
afifaiost  that  which  he  knows  in  hu  own  con- 
adence,  at  the  same  time,  he  is  practising  him- 

So  that.  Gentlemen,  I  must  tell  you  litis  is  a 
wonderful  dangerous  tliiiiti^ ;    and  thcrofore   1 
give  it  as  a  caution  to  all  people  to  l>eware  liuw 
tlifv  break  the  lauK,  by  jjoingfto  such  meet- 
ing^ and  conventicles  as  these  are  ;    fi»r  it  ivill 
hare  at  the  lonpf-run,  one  time  or  other,  a  very 
dinsrerous  issue.     And  there  Ik  another  tliiu«^ 
which  is  wonderful  danuerous  too,  to  see  what 
shoals  and  cruuds  of  i>eopl(>  cokiie  to  thcs4'  :?oi1s 
Qi'nieetincfs  ;  people  of  all  sorts  of  mean  tractes 
aod  professions.     And  how  easy  is  it,  if  a  man 
bis  a  mind  to  insinuate  into  some  kIIIv,  i^^^no- 
rant  people,    common,   illiterate  fellows,  (hut 
cm  neither  write  nor  read  some  of  tln'ni,  \  it 
thereby  to  feel  their  puis**,  to  see  whelh'-r  ility 
«ill  swallow  down  such  a  thinpr,  or  such  .'tp-.J-  { 
lenceat  first  1*  For  they  dirl  not  iu  the  l.-.te  | 
times  bei^a  with  open  reijeltion,  and  pr(\'t(.'Iiin«f  I 
the  doctrine  of  deposinjy  of  princes,  t-r  hrii-.y;-  j 
ia^them  to  the  block  ;  hut  tn(*y  tht  d  w\{\\  ^c•• 
veral  previous  ways,  and  as  the  l>:.it  mih!:,  , 
lod  was  snckcnl  in,  they  attcm])tcd  to  try   i'ln  - 
ther.     Tliey   applitrd  themselves   [iiTiUuully 
to  pursue  the  temper  of  their  ainlitorv  ;    ami  ! 
therefore  we  must  ha*e  a  ijreal  drul  I'f  cave  to  ' 
Irerent  all  such  mischiefs  as  these  are  for  the 
lature,  that  they  may  pive  no  eonntciraiice  tn 
•ich,  who  pretend  to  be  expositon>,  but  arc 

VOL.  X. 


very  ill  ones  of  the  scripture ;  and  t'lereby 
inslil  into  the  minds  of  men  siieh  danirerous 
and  lu-rnirii-us  doctrines;  that  the  snipture 
may  not  be  perverted,  to  give  an  authority  t«» 
Kucli  desp<Taie  ihings  as  these  are;  for  we 
have  known  over  and  over  how  easily  peopl-j 
are  drawn  into  mischiif  in  this  ai,'e,'cvcn  by 
the  very  same  train  that  they  were  in  the  timo 
of  the  late  rebellion. 

Now,  g'cntlemen,  these  thingfs  being  pre- 
mised, I  would  take  notice  to  you,  that  th« 
thinir  now  before  you,  is  a  question  of  a  dif- 
ferent nature  from  what  I  have  now  spoken  of* 
It  is  not  the  <]ucsiinn  that  you  am  to  try,  whe- 
ther he  preached  at  a  conveTiticle  or  not  ?  or 
whelherthedoinijf  of  that  wliich  he  did  in  so 
preachiiij;',  is  ai^ainsl  the  law  or  not ;  but  whe- 
ther he  did  at  »fiy  nuf'tin*^  (especially  as  to  the 
time  that  is  pailit  ularly  sjiecified)  .speak  words 
of  the  same  suhstaiice!  to  the  same  effeci  and 
intent  that  are  coinpn*'ed  in  the  indictment.' 
Forfhouf»*ii  he  did  preach  at  n  conventicle,  and 
the-ehy  did  tranpfrrc^s  the  law  :  yet  in  rase 
he  did  not  preach  to  the  suh^taiicp'  of  i^  jiju  is 
contals:ctl  in  this  indictuic  nt  that  hath  been 
read  uiitoiou,  and  that  I.e  is  accused  of,  he 
must  be  acquittcfl.  That  I  mnst  dor-lmo  lo 
>ou  iorlaw,  as  no  doidil  it  must  i>p  ai'know- 
letltfcd  by  me  to  he;  tlHTelon*  you  :ire  to 
take  care,  upon  your  ccmseiiMi'.'es,  t  i  try,  and 
consider  whi.-theror  no  v«:n  believe  th*^e  three 
witnesses,  that  have  been  produced  Ri»;ainKf 
him.  swear  true,  orareg-uilty  of  \^ilful  perjury. 
For,indo\niri;»ht  idaiu  Knglisli,  they  are  gfuiliy 
of  pirjury.  if  he  be  not  ijuilty  of  the  Worifs 
laid  in  the  indictment.  One  of  the  two  is  cer- 
tainly true;  either  they  are  gf"ihy  of  perjury, 
or  the  prisoner  at  the  bar  is  t^uilty  oi'  tiic  trca 
sun  laid  to  his  change ;  I  pray  Gtuldiivet  yoU 
in  your  enquiry ;  lor  it  is  a  iiue.Niion,  1  must 
i.eeds  ••-ay,  f»f  \ery  •^resit  dirii%-ul{y. 

Gentlemen,  fur  tiic  inti'Uti.-n  of  a  man'» 
heart]  UMist  tell  \un  i[:is  tor  \ji\\\  us  to  \\w 
eoinpiiv^iitjr  and  ima'^iuinu;'  oi  tin;  drath  of  xV.m, 
kinjuc,  it  is  not  to  bo  di:.coveiX'd  but  by  sonic  ae 
tion  ;  MMue  wcird,  or  o\eri-act,  there  uiiyht  I'C 
to  interpret  the  tecrti  imai^ination  of  thelieart. 
It  is  impossible  to  diseo\er  or  disirlose  tlie  iuui- 
irinution  of  iiiiy  nni;'s  heart,  except  we  Ik*  di- 
rected to  that  cliscovcn-  by  wonis  or  actions. 

Now,  jjenilemen,  words  tliut  in  tiituiselve!> 
\\vi\  bear  a  jrorid  (..(instruction,  and  are  ^uod 
words,  yet  coopled.  with  actions  that  are  e>ii,  or 
otlier  word*;  that  are  evil,  these  very  word» 
may  Im'  i«  di*covt  ly  of  tl.e  c»ii  iiiiSi'Viiation  that 
is  in  a  inaii's  iuart.  As  \*>  r:  j.riSi  myself  in 
a  \ciy  f-iuiiiiar  lixuuii.l"  fov  tlje  perpoct-,  that  1 
ni-uv  niul.c  tiiiitosas  plain  as  i  oiui.  i'or  that  is 
i:i  V  «lesi4ii.  ;uid  ouj^ht  to  be  cveiv  one's  that  is 
cur.eernet!  in  &ueh  a  m.v.ter  a:;  tliis.  Because 
we  liavc;  i.:ul  .seincdicourse  concerninj^thelat^j 
Mrvh.-il  n:ariyr  kinir  i'lu.rUs  tlic  I'iiat,  he  uas 
here  brouiLihi  to  a  shaujbies  efju'otice;  for  1 
cannot  e::il  it  a  c<)ui  t  of  ji;-  lice,  however  they 
called  it  a  l.i;rh  court ;  and  there  w  as  a  kind  of 
moekerv  "r  j».»ij:iyiitry  of  a  tii;\l.  lie  was  ar- 
raigned* and  tried  fof  treason,  aod  a  new  na- 

K 


STATE  TRIALS.  36  Ciiaelbs  XL  l^Sl.—Triai  ^  Thmai  fbmwflh     [ 


I 
I 

■ 

I 
I 


tiooal  treofiou,  oevcr  yet  invtriitcd  aor  knovTii  of 
Wfor^  umoug^t  us,  irc^oson  ogaiasst  liis  peojilc  ; 
I  gay,  noiv  and  uevtr  tliought  ot  till  tbtse  lun- 
ch erly  fello^T^  that  sjjruug  out  of  tlj<^  jshattiMc^, 
crime  to  nut  it  in  practice ;  ercctin'j  w  hat  iliey 
called  a  »l^U  court  of  justice,  but  v%hicli  wus 
truly  to  lie  called  a  bigii  court  of  injustice  ;  and 
thea*  they  %vcrc  to  have  sorwe  come  uud  cry 
J»i*»tice,  juMice,  justice  upou  tlie  kiu*f.  Gen- 
lltmeo,  justice  k  a  ^ooa  word ;  but  if  ibat 
word  be  usceil  and  suoken  ks  it  was  in  that  cftse^ 
m  order  to  bring  tlie  king  to  his  daitb,  that 
wbicb  was  g  i^ood  word,  and  if  otlitTwise  u^d« 
had  been  ti  proper  woid  e\cQ  at  that  time  ; 
tliat  l^^  if  Applied  to  gooil  purpose,  to  set  the 
kin«j  und  the  aaiioo  free  ;  yet  beiii^^  applied  to 
tlie  ill  iQ^iu*^  Uiftt  sucred  martyr  to  so  borrld 
and  bai'lKituos  n  dt^atb^  tbttt  was  plain  down- 
H^bt  treason  \  aiid  I  inaike  no  diHiculty  rn  the 
world  (nor  can  »ny  man  tbat  UDflenituQds  any 
thiut^)  that  it  was  so  by  law  ^  and  it  was  an 
Ovcrt-4vrt  sufi3cient!y^  iudicaliug  the  ioLcntioD 
of  all  [mrsons  tbul  were  therein  concerned  to 
put  aud  btijiy^tbrkin;^  to  utter  death  and  de- 
jitruetion  ;  atid  all  these  fclhm&tbat  made  use 
of  that  ^<Hxl  wonU  Justice,  justice,  pi&iiee. 
Were  all  imdoubtetl  Iriiilor*;  raukiog  use  of  it 
i^r  that  ill  purpose. 

GeiUhinen,  agkin  ;  suppose  if  Mr.  Cook 
was  a  mail  of  luw^  lliut  was  sulicitor  of  wlmt 
they  calltd  the  commouweahb  at  that  liiue, 
solicitor  to  the  state  {I  only  speak  ibis  to  e\- 
luin  my  min<l,)  if  he  coniei*  (when  ibc  kin^ 
ad  just  ground  to  dispute  the  authority  of 
that  conn  of  iujuslicef  ilutt  be  was  drii-^iTtd  to, 
and  refused  to  pleml)  and  docs  pray  jud;:toc[it 
Hl^atDst the  kiiij^,  as  he  did ,  nuditwj^  proved 
•thb  tri«l,  jtidgnient  aloue  uu^'ht  be  tlicre 
meant  :i,s  tcntliui^  to  c^'^usc  the  kiiig»  us  well 
%H  to  wnlcnc*  him  to  dv^ulh  ;  yet  he  being  theie 
prayitij,^judHrinent  ii^amst  the  kin^'.  and  vvhich 
was  afterwards  at  Ins  [nay er  so  i*rofiouurcd  ; 
that  sheweil  what  his  upiokin  of  tue  word  he 
Qscd  wag  at  tbat  titne  ;  and  that  tiiade  Ijim  a 
traitor,  and  was  an  ovcit*act  to  discover  his 
guilt. 

Why,  io,  grntlcioetu  I  am  to  tell  yon,  though 
tt»ei<e  are  wurds  that  may  be  used  iu  a  scriptu- 
ral wjiy  vti'Y  well»  and  to  lery  jg^ood  purpose; 
yet  if  they  lie  aoplied  to  a»  ill  purpo:-je,  they 
may  be  u  sutfifient  indicution  of  a  man's  con>- 
lia'ssin;^  and  imncfinin^  the  death  ami  de^ruc- 
lion  of  the  kii*;:^.  Therefore,  ^utletnen,  you 
ar  <^  <:  I.  whether  if  iu  thi»  case,*  he 
»-!  iirdsj  of  destroying  our  ene- 

i;  ..  .lu^  to  OOP  principles,  tliey  have 

I.  Lon  to  the  f  Miner  words  ;  and  whe- 

li  _    Lie   not  expositors  of  t lie  mind   of 

this  pei-^ou,  tlie  privHM'r  at  the  bar,  of  eom- 
pa.'jirtiig'  and  Ima^inhi^  the  death  aad  deslniC' 
tiou  ot  the  king';  and  I  do  this  on  purpose  to 
TDfoind  yu'i  of  what  i»  necessary  to  let  you 
inlo  the  i]nc$Uon, 

Nou  for  tht:  tcvtim©nj  agftinBt  the  prisoner  at 
the  bar  y«ui  Imve  three  witnesses.  First,  you 
have  >Iv3.  8m lib,  she  dues  directly  swear  that 
$he  did  ftie^uently,  sevual  tiiae^,  *^o  between 


t 


1 


the  13th  of  July  and 

hear  Una  prisoner  at  it  , 

coui'euticlrs  or  places  vi  nveetioi^.     ^he   tellf 

you  the  particular  days:  J^he  tell^t  you  a»  Ut 

ehe,  thit  she  heard   him  the   '>Oth  of  M    ' 

8he  heard  htm  anoiber  time  Ibo  unh  of. 

accord injj  to  the  \tehl  of  her  rememl 

She  he  ud  him  aj^ain  the  17th   of  A^ 

14th  of  Anarust,  the  "         "  '    _ 

heard  btni  the  luh  « 

cording  to  the  hestot  ui^i 

both  tells  you  the  time  an 

heaiil  him  preach  a t    il- 

that  she  sayB  as  to  tV 

she  speaks  of  the  lit:  ^  ,     hi 

the  tlay  to  which  the  mdictment  doca  rrl 

sindlhi!*  she  tlot-a  ftay  [Kifiitively,  tliat  i^^on 

iTth  of  Auc^ustjte  pruyed  that  he  mighl 

forgivenfor  not  pray  lOLf  for  the  kin^r;  ai^d 

that  she  would  hate  you  to  uir! 

would  insinuate,  tliat  he  did  oul 

the  king". 

HosoicH  [Turning  to  the  Jury.]  I  made 
tif  the  wonis  of  8am neU  God   forbid  tUtt 
should  cea»e  to  pray  for  him. 

L.  C.  X  Sir,  you  must  not  talk  to  the 
now  ;  1  urn  direclingof  theui« 

Rotrttr/l,  My  lord,  1  beg  \onr  pardoii| 
\vi%ii  to  set  the  tuatter  right.  \i  %vus  mia-j 
prehende^l* 

L.  L\  J  All  this  is  antecedent  to  Uie 
for  uhich  he  is  accuaed  j    and  you  gee  li^ 
swer  to  it,  from  a  text  ofscriptmi!  that  1 
to  you.  which  he  did  not  rc^pt at  with  dit 
pray  for  the  king  ;  but  tbat  he  thought  tl 
dutV  always  sa  to  do. 

'then  £he  1(1  h  you  pnrtkcutarly  : 
time,,  which.  I  think,  wii8  at  the  ho 
FanlShed,  I  caiuiot  particularly   ten  oj 
the  name,  there  was  a  talk  of  the  R 
and  of  the  lord  mayor  of  the  city  of 
but  that  was before'this  f nne.     And  aJ 
the  first  and  Uie  second  witneas,  two 
more,  give  you  an  accnunt  though  thi 
ne\cr  there  but  then  :    That  he  began 
about  the  tire,  and  tliat  he  should  say  th< 
gr«at  man   at  the  coiner  of   Grace-i 
streetf  1  need  nut  name  his  name,  for  yoti 
know  him  very  welt ;  that  he  met  with  a 
man,  though  mdeed  he  was  not  a  p<H 
was  n  bibuuring  man,  a  carpenter  ; 
U'gan  to  talk  much  concerning  the  lnt\  aiui 
did  iiay,  that  in  cuse  it  had  not  lieen  lor 

trej*t  man,  there  had  been  no  ?;     ' 
rein  London  ;  nor  if  it  had  i 
lord  may  ors  and  sheriftk  after u  . , . 
been  no  ;»uch  thing  as  the   6re  in  Scuiihwi 
andUupping,    And  I  take  notice  t<;  i    ili  4 
tlie  same  place,  which  was  Shed*s  I 
they  spoke  of,  there  is  Mrs.  Fsn« 
uhiun  diei-e  is  not  the  least  objection  that  i 
hear  oi" ;  She  agree*  both  in  the  circumi 
of  place  and  time,  and  of  the  words?,  and  to 
diiiloi^ue  about  Grace- church -street,  «nJ 
carpenter,  aod  to  the  previous  words,    thai 
Avas  not  a  poor  man,  and  the  like,  and   nl 
the  discouTsa  rcUtuig  to  Uie  tires  of  Lobi 


f(5]  STATE  TRIALS  96  Cn arlbs  il.  1 684.— >r  High  JVeasm. 


\2i6 


mm  HM  ivooni  ;  wiiicn  ail  tne  uiree  witne 
te  jon  have  beanl,  sjieak  to  ;    thoagfh 
WMof  what  I  mentioned  before,  vias  anol 
tee;  And  this  is  at  the  hou«e  of  one  c 


y  andWapping,  and  likewise  relat- 
ii|ta  the  lord  mayora,  and  aldermen,  and 
aerifi;  these  discourses  were  at  that  time. 

Giiilluueii,  the  next  testimony  you  have,  is 
irthetewitiie9sestbatspeakof  the  time  that 
ilia  the  record  ;  which  all  the  three  witnesses 

tlic 
another 

^    _  jne  cap- 

Iriilluiiel ;  one  says,  captain  Daniel  Weldy. 
Btf  thai  it  was  a  captain  that  was  then  at  sea, 
■  ibiB  ;  for  this  gentleman  bimsdf,  Mr.  Rose- 
vol,  does  not  deny  that  this  \ras  at  capt. 
MlA  hoiue ;  and  that  he  did  pray  for  him, 
■Mv  then  at  aea,  and  tor  all  his  family  ; 
■i  slftfae  witnesses  speak  to  the  same  time. 
Thnsh  indeed  the  first  witness  did  say,  that 
A»dM  not  know  but  it  migfbt  be  capt.  Daniel 
Wddy;  hot  she  likefi'ise  said,  she  did  not  di- 
Mtff  know  hb  name.  But  she  directly  swears 
lille  ?ery  words  that  are  mentioned  m  the  in- 
tenent.  She  does  directly  swear  that  Mr. 
Ilftivcll  preached  upon  the  21st  of  Genesis. 

Sdwy  as  1  remember ;  though  Mr.  Kose- 
did  tbinky  there  was  a  difference  between 
Atcfidence  of  the  one  and  tlie  other  woman 
Ami  the  SOth  or  S  1st,  yet  it  was  only  upon  her 
iHKBbraoce,'ns  well  as  she  could,  and  she 
ilMt  positirely  swear  it  was  in  that  place, 
hUffWifag  to  the  best  of  her  remembrance. 
Utkesenond  witness,  Mrs.  Hilton,  when  she 
Itoili  swear,  she  said  it  was  either  tlie  20lh 
#flil;  lot  in  so  many  words  she  did  directly 
MBviUk  he  should  i>reach,  that  the  people 


^  imisillnig  to  the  king  on  purpose  for  the 

»tf  fte  king's  eiril ;  but  the  king  could 
it;  btit  yve  are  they  that  the  people 
linrfi  fck  to  for  the  curing  of  all  their  evils. 
Wki  «e  the  Tcry  same  words  in  substance 
itt  atinthe  indictment. 

lit  fciy  same  words  in  substance,  says 
teitfhv,^e  second  witness  ;  the  same  day, 
Irttinme  place,  did  I  hear  Mr.  Rosewell 
AlMsyi  these  words;  and  they  co  further 
M  At  ssme  witnesses  both  swear,  Hilton  and 
MA,  dial  Mr.  Rosewell  should  say,  we 
wicked  kings  together  who 
Popery  to  ct»me  under  their 
ean  be  compared  to  no  other  per- 
pt  widced  Jeroboam.  Mrs.  Smith  s.vrars 
words  directly,  and  Mrs.  Hilton  sa^^s, 
mks  there  was  the  name  of  Rehulioam 
hut  she  is  sure  there  was  mention 
tvo  wi^ed  kings  in  the  same  words  as  Mrs. 
Tliey  go  yet  further,  and  say, 
tkc  one  and  the  other  of  them,  that  he 
W  the  people  would  stand  to  their  prin- 
faedidnot  doubt  but  they  should  over- 
tficir  enemies  as  in  ancient  times  with 
hnnis,  bndcen  platters,  and  a  stone  in  a 
The  two  witnesMs,  both  Mrs.  Smith 
IS.  Hilton,  swear  to  the  very  words,  and 
•^tD  the  sobstance  of  them  ;  and  if  thcjrc 
*^tesMneKttle  yariancein  some  few  of 
V^jOiat  win  signify  notliing,  if  the  sub- 

bendes  these  two  wit- 


nesses, there  is  a  third  witness,  I\lrs.  Farrar, 
against  whom  (that  I  can  see)  there  is  not  the 
least  exception  in  the  world,  if  you  n^meml>er 
any,  you  would  do  well  to  consider  of  it  ;  you 
may  be  better  able  to  rccollfct  what  lias  wen 
s|K>ken  or  offered,  than  1  can  in  so  long  a  time  ; 
and  you  ought  to  e*)do:ivour  (l>cing  men  of  un- 
derstanding, and  good  onality)  to  rHrrsh  one 
another's  incnioi'ii*s,  and  malic  what  ol>srrva- 
tionsyoucan;  which  1  perct-ive  you  ha^e 
taken*^ notes  about,  some  of  you  at  least. 

She  does  directly  swear  as  to  the  business  of 
the  king's  evil,  the  same  wonls  that  the  other 
two  have  sworn,  about  (locking  to  the  king  to 
cure  the  king's  evil,  which  he  could  not  do : 
but  they  were  the  pncsts  and  prophets  that 
could  cure  the  maladies  of  the  people.  And 
as  to  the  second  words,  she  swears  that  ha 
said,  there  had  been  two  wicked  kings  that 
had  suffered  popery  to  come  in  under  their 
noses.  And  sne  swears  in  the  third  place,  that 
there  was  likewise  an  exhortation  to  stand  to 
tlieir  principles,  and  that  they  should  over- 
come their  enemies.  She  does'not  indeed  par- 
ticularly tell  yon  about  rams-horns,  and  the 
platters,  and  the  stone  in  the  sling,  but  only  of 
standing  to  their  principles,  and  overcoming 
their  enemies:  Wiiichl  would  have  you  par- 
ticularly to  take  notice  of,  it  being  the  material 
part  of  the  indictment  to  make  these  words 
treason. 

Now,  gentlemen,  give  me  leave  to  tell  you, 
there  is  a  great  regard,  and  very  great,  to  be 
had  to  the  circumstances  in  this  case,  to  see 
how  far  these  things  are  to  be  tacked  together. 
First,  you  rememmsr  the  witnesses  wen'  exa- 
mined*aprt ;  and  it  does  not  appear  that  they 
have  talked  together;  and  there  was  all  the 
care  taken  that  possibly  could  be,  they  should 
be  out  of  the  couil  and  out  of  one  another's 
hearing  ;  so  that  there  was  as  much  endea- 
vour to  detect  the  falshood  of  their  testimony 
(if  it  could  be)  as  possible  in  any  case,  ercn  in 
the  very  most  minute  circuinstance.  Mrs. 
Smith  swears,  that  Mrs.  Hilton  came  to  her 
house  on  Saturday  night ;  that  they  went  to- 
gether to  the  house  of  this  capt.  Daniel  upon 
the  11th,  about  seven  of  the  clock  ;  that  they 
were  there  before  Mr.  Rosewell  catne  in  ;  that 
there  was  a  lower  room  in  t}iehont>e ;  and  a  little 
higher  thei*c  was  a  little  room  ;  and  then  tliere 
was  a  room  up  two  pair  of  stairs,  where  them 
was  a  bed  ;  that  Mr.  Uoscwell  stocnl  upon  tlie 
stairs,  but  they  both  sat  upon  the  IkhI,  together 
with  one  of  'Mr.  Rosewell's  own  witnesiies, 
which  was  the  mathematical  instrument- 
maker,  and  that  he  was  in  a  mourning- rioke ; 
and  that  there  was  particular  iiotifre  taken  of  a 
pair  of  shoes  given  by  Airs.  Smith  from  under 
the  bed  to  tlie  child  of  tliat  mathematical  in- 
strument-maker ;  and  that  there  was  nrayer 
made  tor  capt.  Daniel,  the  master  of  the  house, 
who  was  then  at  sea,  and  for  his  child  and  fa- 
mily. There  were  these  circumstances,  every 
one  particularly  asked  of  the  witnesses,  and 
sworn  to  by  them  in  the  very  same  wonis,  the 
same  manner  cd*  posture,  tbs  same  thuigs  done 


247J      STATE  TRIALS,  S6  Charles  II.  l684 — Trial  of  Thonm  Rosewell,     [2i& 


huth  as  to  the  rnoiu,  the  bot],  who  sat  upon  the 
hi'd,  tlif  moiirnin)^  doke;  the  plucking  off  anil 
dehveriiicr  of  the  shoes;  that  I  may  appeal  to 
yo.r  iiirmories,  it"  they  did  not  ag^rec  to  a  little 
rxiictly. 

Thfcii  ihcy  beir*n  to  enquire  further  concrrn- 
ingf  ctlicr  expressions  of  Mr,  Uosewcli  at  other 
times:  SoiiU-thiii<^  aiioul  people  in  sirarlet,  and 
«uiiutii:u^^  iilHiutoantiiiir:  And  Mrs.  Smith  tells 
yoa  thnt  hedid  speak  something  ahoutcaii I iny; 
ih:a  ijo  was  talkinq^  concerning  that  uoni ;  says 
he,  I  will  tell  you  what  that  cantins^  means,  J 
\\t'ntnot  joni^  a;^  thn>Uii;'h  a  cathedral,  wlicre 
the-  organs  aie,  and  there  the  people  were  ira- 
tlified  tui^ether  ;  and  they  were  sin^^iiifif  the 
Isold's  {irayer,  and  1  tlo  not  know  uhat  1  heard 
tSu-msiiig/and  I  could  not  hut  laui^ii  out ;  and 
he  hrukc  out  in  hisst^-imuu  into  a  lie  !  he  !  he! 
tlur  i- eantinu'.  This,  they  su> ,  was  his  e.v> 
pivsMun  at  that  time. 

V> lull  .Ui's.  Hilton  came  in,  she  tells  you 
the  very  same  words,  even  to  a  very  particular 
phrase,  which  I  iiad  forj^^ot  before,  that  he  saw 
the  men  in  white  gowns  thatwerc  sini^ing-,  und 
which  he  counted  canting-.  It  is  very  true, 
tiiere  is  no  such  thinj^  mentioned  in  this  indict- 
ra<enc ;  hut  only  it  is  offered  hy  the  kin>j;*s  coun- 
srl  to  shew  the  temper  of  the  man,  and  how  he 
usually  used  to  preach. 

As  t'oncerning  the  story  of  Sampson  and 
Dalilah,  that  is  sworn  by  hoth  wiMiessi-s,  that 
Uiere  was  such  a  discourse  ;  for  he  began  to 
talk  of  our  king's  keeping  of  women,  and  lie 
hoped  they  would  hring  the  same  destruction 
ii|H)n  him  that  they  lirought  upon  Sampson  ;  he 
)iu|)ed  it  wouhl  so  fall  out  with  our  king.  How 
far  it  is  true  (they  both  havhig  sworn  it)  you  t 
arc  the  judges ;  they  have  din-ctly  sworn  it, 
and  to  all  the  circumstances  huth  of  time  and 
place. 

(ientlemen.  There  is  yet  another  thing  that 
is  material  tcM>,  though  a  small  minute  eirrum- 
stance,  and  that  is  about  this  same  iViul  Shfd, 
that  they  lvi>e  spoken  of.  When  the  first  wit- 
ness caiiie  ill,  he  chid  her  f<ir  coming  in  her 
pattins,  and  bid  her  pull  otf  her  paitins,  ibr 
tliey  wiaild  It-avt^  >ueh  :in  inijiression  there, 
that  people  would  he  apt  In  discover  that  there 
was,  or  would  he  a  nici  iin;;  ;  und  therefore 
vhc  promised,  when  she  caiiu' any  moi*e,  that 
she  wouhl  he  suiv  to  leave  oif  her  patiiiis.  And 
il  hi  proved,  that  INIrs.  Iiiil  in  and  3li's.  Smilh 
were  in  ihe  room  abo\e,  and  Mrs.  Tarn^rwas 
ia  tlie  r.)om  he  low,  and  it  d(K:.>>  not  ap|M>ar  that 
hhc  was  actpiainted  with  tii;.*  rest.  She  had 
heard  hiui  several  iimcs.  and  tiioiigh  .she  did 
not  see  him  thai  day,  he  hting  up  two  pair  of 
btaii-s  hi;;her,  yet  she  sv\ears  directly  to  the 
6aine  words,  the  substantial  part  of  them  that 
Iheother  two  witnesses  spoke  of.  So  that  I 
Must  say,  if  in  case  they  have  contrived  this 
story  to  lake  away  the  hfe  of  the  prisoner  at  ihe 
bar,  tb.ey  h:i\e  contrived  it  with  all  the  dcivil- 
i;4iest  subLliy  that  ever  any  could  do,  or  that 
I'ould  enter  into  the  minds  of  any  neople.  You 
are  the  judges  of  the  fact,  1  pray  God  to  direct 
^  tfUi  that  you  umy  detect  the  truth  ;  Tar  bo  it 


from  the  Court,  or  any  body,  to  desire  that  - 
any  thing  but  truth  should  |ircvail ;  fur  it  were 
far  l)etter  a  thousand  times  that  a  handred 
guilty  men  shouhl  'esca^ie,  than  one  innocent 
man  should  sufler.  But  on  the  other  side,  far 
be  it  fn»m  any  man,  that  is  u^Kin  his  oath  to 
t\o  his  duty  between  the  king  and  the  subject, 
to  he  moved  hy  compassion,  or  any  things  of 
that  nature,  to  do  agamst  the  evidence  thatia 
given  in  ojien  court ;  unless  he  lie  satisfied  that 
tlie  evidence  is  falst;.  For  in  this  case  I  say 
again,  either  you  niust  fnid  the  prisoner  guilty 
of  what  he  stands  charged  with  in  the  indict« 
inent ;  or  else  you  must  fmd  these  three  wit- 
nesses guilty  of  wilful  |)erjury :  and  I  pray 
Ciod  again  to  direct  you  what  you  are  to  «M 
in  it. 

Gentlemen,  as  to  the  testimony  that  has  been 
offered  on  the  behalf  of  the  prisoner  (I  would 
follow  the  same  method  that  has  been  taken, 
both  in  the  evidence  given  by  the  king  and 
the  prisoner,  as  near  as  we  can)  :  first,  yon 
have  had  brought  by  him  half  a  dozen  (for  I 
would  not  injure  him  as  near  as  1  could  om 
tittle)  that  have  given  you  an  acc4)unt  of  «  hat 
he  said  at  that  time.^  There  was  HudsoUt 
Hall,  Atkinson,  Smith,  Hales,  and  Wharton  ; 
I  took  their  names,  as  near  as  I  could  ;  and  ill 
these  people  do  directly  say,  they  were  preient 
nt  that  time,  and  they  heard  nothing  spoken  of 
the  late  blessetl  martyr  king  (?.harles  the  finl, 
or  of  reflection  upon*  the  government ;  but  all 
that  was  said  of  the  king's  majesty,  that  ninr 
is,  was  in  his  prayer,  wherein  he  did  pray  for 
him  ;  that  they  heanl  nothing  come  from  Ur. 
Rosewell  concerning  the  king's  evil  in  the 
maimer  that  the  witnesses  speak  of ;  but  whal 
was  spoken,  was  spoken  of  an<ither  kiog*,  in 
relation  to  Abimclech  king  of  Kgypt.  and  not- 
relating  any  way  to  the  disease  they  <&llcomr 
monly  amongsl'us  the  king's  evil.  It  istntTy 
one  <»f  them  does  say,  (which  is  a  word  thai 
has  obtained  very  mucli  anmngst  some  sort  if 
pciple),  that  when  he  prayed  for  the  kingi  hn 
prayed  for  his  deliverance  from  evil  com* 
sellors :  and  under  thes(>  woi*ds,  evil  ooui* 
M'llors,  and  deliverance  from  them,  we  knoir 
what  lM,M:amc  of  that  so  oUen  mentioned  princt 
now,  king  (.*harles  the  lirst.  Under  that  prt* 
fence  they  would  remove  all  his  friends  troM 
him  ;  and  when  he  was  letl  ahme,  they  could 
ciLsiiy  do  what  thc-y  plc:usetl  with  him.  Manji 
with  pretence  of  great  pitv  and  zeal  tor  tM 
king,  cry  out,  that  all  that  tliey  complain  of^  i|  • 
not  «>f  vihat  the  king  docs  ;  him  they  think  la 
l>e  a  wonderful  guod  man  ;  it  is  not  he,  butUi 
evil  counselhns,  that  they  it-tlet  t  U|hid  ;  and 
so  we  must  ii,:;ht  against  these  cv il  couusetlon^ 
and  when  vtx'  have  laid  them  iLside,  and  h« 
elands  alone,  then  it  will  lie  easy  to  ser%e  hitt 
as  they  did  his  father.  Whatsoever  the  pre* 
tensions  of  such  words  are,  we  know  what  th|( 
designs  oi'the  [Hopie,  that  made  thu  same  liri^'< 
tence  heretofore,  came  to;  and  I  pray  uodl|^ 
that  there  are  not  the  same  designs  on  fbit 
still  ;  nay,  that  that  wa.s  not  the  design  of  tkii 
prayer  of  tlie  prisoner  at  the  bar. 


S19]  STATE  TRIALS,  36  Charles  IT.  i684.~/or  High  Treason. 


[250 


Gentlemen,  tbey  give  yon  a  particular  ac- 
connthnw  he  preacnecl  upon  the  SOth  of  Ge- 
nnis ;  and  they  speak  as  to  the  2cl  anil  7th 
Tciws  of  that  chapter,  and  what  discourse  he 
InkI  upon  them.     Bnt  truly,  it  is  pi'etty  strangle 
(as  >lr.  RuaetvcU  himself  objecteii  even  to  you 
ortliejury  very  well),  can  any  one  of  you  re- 
nipmber  so  exactly  the  words  that  were  spoken 
u  these  witnessea  have  sworn  ?  And  truly  he 
IKite  a  very  material  question  :  hut  then  the 
qa.^ion  turns  the  other  way  ;  how  come  all 
yonr  witnesses  to  give  such  an  exact  account ; 
ttil  except  the  second  man,  wliu  intleed  did 
itimnut  a  blundei*  or  two,  your  six  witnesses, 
«tn  to   the  texts  of  Scripture,  to"  the  vory 
phrases  that  were  useiJ,   particularly  to  the 
woni  tremendous  ?  They  arc  all   as  exact  its 
(30  he.     It  is  strange  that  five  poopje  slinuld 
■jfree  in  all  the  circumstances ;  but  why  should 
it  not  be  as  much  helievahle  that  throe  should 
hare  as  exact  a  memory  as  the  other  five  ? 
Nay,  and  I  will  tell  you,  what  is  prett}'  stranu^ 
tool  that  theiie  people  must  hear,  andremeinl^r 
just  what  was  said  upon  the  I4th  of  Septcndter ; 
but  that  which  was  said  upon  the  text  the  time 
before  or  atler,  that  they  cannot  s(»  well  re- 
member.   It  is  plain,  they  have  Ikm^h  dialopie- 
io;  with  one  another;  and   it  is  plain,  that 
luoe  people  can  neither  write  or  rcail,  nor  re- 
member, DUt  how  they  shall  be  sure  to  serve 
the  present  purpose.    'That  seems  to  carry  an 
objection  in  it  on  the  other  sitle,  as  the  kmg's 
cwDsel  say ;  and  it  seems  the  more  reasonable 
OD  oor  side,  why  they  should  remember  so  ex- 
actly, as  the}'  have  sworn  ;  because  (say  they) 
I      tluti  dav,  wfien  we  come  home,  we  cullcil  lor 
I      pea,  ink,  and  paper,  and  set  down  these  words. 
\      the  substance  of  which  we  have  now  hero 
suoru :  so  that  that  does  shew  you  we  had 
nason  to  remember,  what  we  have  testiticd 
agaiast  this  person.     But  what  is  yet  ifreatcr 
tbao  all  this,  it  cannot  be  imagined  (sviy  the 
iiio^'ft  counsel)  that  the  prisoner's  witncs<«rs 
are  so  much  to  be  believed,  since  they  ii^ive  no 
account  of  what  was  spoken  at  any  tiiiic  ticfore, 
DOT  any  time  since. 

Ttieu,  gentlemen,  there  is  another  reason, 
Bvs  Mrs.  8niith,  I  came  on  purpose  to  see  who 
V'as  at  the  conventicle  ;  though  1  had  \iccn  at 
iereral  conventicles  before,  yet  I  never  heard 
meh wonls spoken.  Says3irs.  Ifiltdn,  I  v.as 
^lad  to  be  gone  ;  and  teils  you  of  her  uuwil- 
lincfness  to  btay  there,  having  never  he.'U'd  such 
vuids  spfjken  a^^ainst  the  govcnnnrnt  before  ; 
>rjt  therefore  she  set  them  down  imuiediatuly 
t^w)i)ii  as  they  came  home ;  and  lliey  wmt  to- 
^Miier  to  the  Bull  and  Mouth,  the  Quakers 
DKilins^near  AIdersgat«?  nHcrwards ;  and  thut 
lliatilay,  or  the  day  following,  they  Mcnt  to 
Mr.  liecorder,  and  gave  him  an  account  of 
»hat  had  past  in  their  knowledge.  This  is  the 
tQsvverthat  isgi\euby  them  to  what  the  pri- 
snr.tr's  witne<$sc!;  s;iy  :  hut  you  are  to  weigh 
this  testimony  of  bcith  sides.  For  I  must  tell 
you,  {VfuLh  inVn,  though  these  witnesses,  that 
^  \w  tiic  prisoner,  are  not  upon  tluMr  oaths, 
}it  ihey  are  as  much  under  the  obligation  of 


giving  true  testimony,  as  they  can  be  by  law  ; 
and  you  ought  to  have  regard  to  their  tes- 
timony, how  fur  it  is  consistent  with  reason  and 
with  truth.  S4nne  things  they  differe<l  in  ; 
some  things  they  heard  in  another  manner ; 
wheihcr  \ I iu  may  believe  such  things  may  slip 
out  of  tlieir  memories,  or  how  tliat  is,  you 
are  to  consider  of  it.  This,  gentlemen,  is  "the 
first  part  of  the  evidence  that  the  prisoner  hath 
given  for  himsi'If. 

Next,  gentlemen,  there  is  another  part  of  the 
evideiiCK,  and  that  is  fnim  the  fifteen  witnesses, 
one  Mr.  Jollifi',  captain  <^otton,  Mr.  Fipps^ 
Mr.  Veering,  l\Ir  ilitehr«»ck,  Mr.  Hinman, 
Mr.  Wanly,  Mr  Strong,  Mr.  Cutloe,  Mr.  Mel- 
sain,  Mr.'  Medhani,  Mr.  Winnacott,  Anne 
Broadliiirst,  Ann<*  Mnuning,  Isabella  I>icke- 
son  ;  all  these  were  called  to  his  reputation  ns 
to  his  behaviour  and  conversation  towards  tlie 
government.  They  tell  you  they  have  known 
him  a  long  time.  "^It  seems  they  frequented 
the  hearing  uf  him  sometimes,  when  there  was 
an  indulgence  and  a  di«pensatum  for  such 
meetings,  then  they  went  to  hear  him,  and 
then  he  used  to  pray  tor  the  king ;  and  it  has 
i>een  oljserved,  that^  it  may  be,  meeting  with 
favour  and  kindness  from  the  king  and  govern- 
ment, he  might  be  very  ^^ell  pleased  with  the 
kin^  at  that  time  ;  though  that  turned  to  the 
prt;judiceof  the  govenuuent  (us  we  all  know^. 
hut  whether  his  cou)pk-\ion  altered  towards 
thi'  govtMiiiiient,  when  it  was  thought  fit  to 
restrain  that  iudulgenee,  that  ynu  have  to  con- 
sider. They  say,  they  know  nothing  of  harm 
by  him,  and'that  mav'be  true  ;  no  moi-c  do  1  ; 
ami  I  presume  you  do  not ;  il  you  do,  you  will 
t(  11  us.  >'('U  and  1,  pray  Ciod  we  had  never 
lit^ard  of  any  thing  t>f  harm  come  from  him, 
with  relation  to  the  king  and  government;  but 
you  have  heard  what  has  been  testiiied  by 
these*  witnesst's. 

Th(>n  there  came  two  wime^sses,  that  lived  at 
sir  K^Iward  llun<rerford's  when  the  prisoner  at 
the  bar  lived  there; ;  one  <»i'  thi'Ui  iivcti  ten  years 
theiv,  the  other  four.  And  ihey  give  you  an 
account,  how  he  was  usenl  to  pray  (not  accord- 
ing to  the;  Common  l^i-ayer)  but  he  used  to  go 
to  chun'h,  and  he  did  prny  for  the  king  very 
farneslly,  an«l  heartily,  as  they  say ;  he  came 
there  in*thi«  year  Itio'l,  and  he'coutinued  there 
seven  years,*uud  they  always  lookeil  upon  him 
to  hir  well-inelined  to  the  government. 

I'liHi  yuu  have  an  account  of  three  servants 
that  liveil  in  the  house ;  one  hved  four  years 
with  him,  and  that  she  frequently  beard  him 
pniy  for  the  king  (for  I  would  not  willingly 
forget  a  word  that  should  make  for  the  pri- 
:  son.  r's  advantag(r),  she  siiid  he  prayed  as  ear- 
nestly for  the  kuig  as  lor  his  own  sold,  with 
as  nuich  zeal  and  eariiestnt^ss  as  he  could  do ; 
tikis  is  what  she  says  And  the  second  lived 
with  him  three  years,  and  she  does  remark 
pai'ticularly,  that  one  time  benng  ill  private  ia 
his  own  closet,  at  prayer  by  himself,  she  heard 
him  very  earnest  m  praying  for  the  king :  so 
thai  he  'w(»uld  urjje  it  as  iinprobable,  and  un- 
rcabonable,  to  beheve,  that  it  he,  in  his  private 


I2h 1 1     STAT£  TRIALS,  36  Cif  ARLBS  II.  1684.— 7riW  of  TkomMi  Roaeweii,    [ 

not  but  that,  for  any  things  yet  nppmrs, 
woniatj,  that  is  here  Imiught  as  a  wit 
Acainst  Mr.  Rnseweli,  did  »wpar  true,  ihat 
o3ier  woman  did  confess  to  her,  that  there 
sach  a  conventicle ;  they  indeed  have  en 
vonred  to  eriiice  there  was  no  such  con 
tide.  1  must  leave  it  to  you ;  for  nothing 
pears  clear  of  the  one  side,  or  the  other. 

Then,  gfentlemen,  as  concerning  brrtal 

with,  and  about  one  Games;  wherein  you 

an  account  |pven  you  by  one  Harrey,  an 

advised  to  give  money,    rather  than    ti 

troubled ;   bat  they  would  not  gire  mo 

Now,  tor  that  the  whole  ans^ver  (that  il 

be  given  together)  is,  that  you  know  tha 

set'utor,  iu  these  casis,  has  a  share  out  ol 

penalties  that  are  incuricfl  by  conventii 

;  and  though  it  may  be  that  it  wm  not  so 

,  done  by  such  iiilbrinations  to  compound  pi 

■  tits,  J  et  it  is  no  evil  thing :  lor  if  1  will  cfa 

I  to  inionn,  or  not  intbrm,  there  is  a  right  h 

I  to  a  part  of  the  [lenalty  arising  from  the  otfe 

and  though  it  be  not  a  commendable  tt 

yet  it  is  not  a  criminal  thing  lor  me  to  i 

i>ound  it ;  for  I  do  not  obserre  that  thei 

prored  to  be  a  people  that  do  use  to  go  to 

Tcnticles. 

Then,  Gentlemen,  there  issomethingtob 
served  conceminsi^  tlie  evidence  of  Cartwtv 
He  comes  and  tells  you,  that  he  was  by,  aik 
of  the  persons  that  uent  along  with  Mrs.  H 
to  several  places,  in  ordiT  to  make  convic 
of  persons  for  couveuticles ;  and  she  n 
have  him  swear  such  and  such  conventi 
that  sl^e  would  dictate  to  him  ;  aud  she 
misetl.  mil!  oM^red  to  swear  fur  the  con«i 
ul'  cinivoiitidt^s,  vvh«.n  she  was  not  tliere: 
thi<i  ^«as  a  tyrvat  while  ago ;  but  nobody  I 
a  woid  of  ii  till  now.  and  that  when  Mis.H 
%^us  i'!i:r«>irL'ti  in  this  prvsecution  agaiiMI 
Kost'vifll.  Now  when  wc  meet  with  this 
of  |»t\»|»lo,  we  ou^ht  tu  consider  of  the  n 
i}t'  \\w\r  t'vidtiice.  It  is  certainly  a  ver^ 
priibubk*  ihiu:r.  that  any  penon'shoukl  i 
.Hid  toll  hr»u,  I  >»iil  b^«  -^ilty  of  perjury,  1 
be  fojNiv%inu  for  ynu,  if  vou  will  be  furs 
Km*  im*.  h  iMu' Liaxdly1)e  beiieved  that 
IhhIv  ^hoiilif  si\  41,1  III  a  tellow,  that  you  i 
likolv  ciu'i«\;!i  to  detti*t  any  such  thing 
■«h»*uUl  Iv  :iT  hi'i  jil\  jniay:e':  And  it  had 
h:Ni!':t\  ^  »'l«.-  lidd  Ue«  Ail  lionest  ma:i)to 
JiNivnvivd  iiii"*  i"  d  uij:^i<irate  imoiedii 
III.!  lU  ivv.'-.l  i.  St'  as  V.y^i  the  vitlainy  si 
li,i*K'  '  v«  ;»J!.iishcd;  Ui. t  lo  cuiue  and  SC 
umi  inH'it  ^MK-U  .iiM:ii,  just  as  this  is.  Andt 
i»'if,  -iuiliiM,.it,  I  Fo'^x't  like  *i!vh  accid 
WIIU.W.M-M.  lii.u  MXiii  V  ilivp  '^as  it  were)  e 
\\u'  K  !p;ius,  inj  \tt,'  caij  iiavo  no  acei^untof 
»H  ii'if  >  ...I  LUC  lo  s;ir  s7uctor\  reason 
It*  .uiiKi*  III  'fy.\  V  uiukviii'sdiscoveiy. 
%ou  ii.t»t'  -»v%«i  u ... »,  r  *4.'n!cs!«e«,  that  wer 
J-i.-,  iii.a  ijov  ,iMiic  nx-ouut  ol*  her  beha 

III   (llt'M     lll.lllCIV 

tt  i«»  I  Ik-  otMot^ttoii  that  ihev  talked  of, 
Hi*.  1 11(1  »i  .h,ly,  ^tirvi^l  wictiesMsgiveT 
•»-»HMM.i  ..|  ihe  uinnrr  First  of  aU,  it  is 
•|.|^y vi.i  bv  ili«i  ^iiu4  tiMi  i!i  prtMluofsd, 


family,  nnd  by  himself,  should  so  earnestly  pray 
for  tfie  king  (which  was  never  intended  to  tie. 
heard  by  any  ImhIv,  and  ciunr  to  be  thus  heard 
by  nceincnt),  he  sliould  in  pnhtie,  l)efure  a  great 
congregation,  utter  such  witrds  airainst  the 
king  and  government  ns  art;  nrctcuded  against 
him.    This  is  the  use  ho  makes  of  that. 

Then,  gentksmen,  you  have  likewwe  aAer- 
wanls,  the  ti^stimoiiy  of  those  two  witnesses 
that  have  been  exaniiniMl  before,  that  is,  Mr. 
Atkinson  and  Mr.  Smith ;  that  whereas  you 
seem  to  say,  says  he,  I  matle  a  great  reflection 
ii|K)n  the  late  kmg,  and  his  presi*nt  majesty ; 
it  was  so  far  from  that,  that  I  used  to  teach 
upon  the3(Kh  of  January,  and  then  to  preach 
obedience  to  the  king,  and  to  pray  fur  the  king, 
and  make  8har|i  inveetives  and  refluctii»ns 
upon  those  that  had  been  (*onc(>med  in  that 
horrid,  barbarous  nuirder  of  the  tare  king,  of 
Messed  memory  ;  so  that  1  eamiot  be  tliousrht 
to  encourage  siieh  things  as  these,  when  I  used 
to  |ireaeh  to  my  auditory  such  doctrine,  as  I 
now  U'\\  vou  ot.  This  is  the  substance  of  that 
ftart  of  tfie  evitlence,  as  near  as  I  can  remem- 
ler,  anil  weollet*t ;  you  have  taken  notes,  gen- 
tlemen, yom-selvi*^';  you  will  be  able  for  to 
make  obsenations,  ai*cortling  to  what  notes 
you  have  taken. 

Then,  genilemen,  here  are  18  witnesses, 
that  he  has  ealletl,  to  endeavour  to  persuade 
you  to  a  dislielief,  and  gain  a  discredit  as  to 
the  witnesses  that  are  produired  ai^inst  him. 
Now  as  to  that,  which  was  oiKreil  by  the  first 
iviUiess,  How  ;  thut  w;is  but  by  a  l:»'ar<Jiy,  he 
knows  nothiutf  of  his  own  {xpoiili-  !^'.» :  I'.-V  mv 
bivihiT.  sirTlioir.us  Jri.:\.-.  ho  irive<;  \oua*;i 
a*\\>u:it  of  a'!  ifie  rjik'sti«^« ,  that  Iu-  Mas  asUrd 
ai»om  ;  ihal  >l:e  v.v\c:-  »Iid  s:  v  ili.:t  slio  v.  as 

1»ie>fni  di  ihv*  onvv'iilu  w.  «u!l  iIkxi  >!!>;.  i;aihv»i* 
lad  ivtifossi'tl  It  lo  b»*r;  an.l  i!r»«Mi  tbii  *on- 
fessiou  slit' \»  lis  eouMiiol  Nvw  »4en:loMion, 
it  is  a  vei\  i!Mto\vi!tl  thui^  us  ilu  I'^uu-r.  i'mi 
Mrs  lkuhiH\  ii  i**  i»'iin,  i'mnI  u«  I;.»^i*  Ok'.^vu 
m  lie's,  aiul  she  ssiiu'  widow  oi  .i  non-%vnt'orii}iM 
pre ae Iter,  and  ilu*s  uoiuaii  v*;in  no  tar  fn»in  s;i\ . 
m«.r,  lhHt<«h4>  i>;is  klifie,  ili.ti  slu-onU  ti*Mst*i-«l 
uj\M  It,  ibai  '^li>.  UathxM-  tniil  .-iMiti-vNttl  it  lo 
her.  5h»  lik«."wiNr  you  l».i%*-  Uvii  iol«l  coiuvrii 
mg  that  bibiiiu'vk  oV  >lr  M.i'^"^.  I'lo  \*t»iii%'mtcle 
at  hi>  hoOM',  *>ii  ibo  lolh  n  .lii!\  ;  it  n:is  v» 
iHr  f»\WM  h<*r  s%%fajn:;[  ib.tt  *li    |l.'»%  w  .i*  ilu-u-. 

tiUt  ilUiM*;i|  tK'  \%U%  llU1lllOil«\l,   \tl  sliv'  M  IllM'il 

beJoiv  >  ;•  ti»x»r^v  IHvbv  u»  suimi  il'.ti  ilio^-  *».ix 
any  siK-it  v\*tiiiniiele.  or  ih.il  iu-  \%  i>  ihe  m  v\  . 
bhedid  iK»t  k(K»\%  ihv  loan,  mh\  i««tiM  n.*i  xti\ 
any  tbui^  to  Imo  Vud  mv  NumIu-i  .l«-:t|t^t 
being  ivtvuK\tl  »h  '.i  i*u-iv  lu.^lii  Iw  » iiii.,(  ikv, 
that  ih«*re  lui'jhi  tK  :i«>%0(  ii  itnitcuiu  !«•  .u  \|i-. 
IkI!(hvN,  vivnl  at  i.ti  i-*  ho  «**iiKi  m  i«iMiV. 
it;  but  it  seems  ii  «%•'«  |ia«i  it>oii>  fnui  mii*  lu,- 
i*U*rk  of  ihe  peuiv''^  h.i'uU  .  I  i'a'M»»i  ,.i\  mi 
thing  lo  Ii'  but  il  >o4i  alt-  vioviuU  ill  II  ihiitt 
wa:«  u<»«iuch  tHUivcatiek*  ni  uti,  <«ll  ih.ti  i.m  H«< 
said,  IS,  thai  ilu-  old  woman  St  IuhI  h«  i «« Ji.  .ui.t 
my  brother  Jeuiicr,  ;m  lit  <iti  .m--«  «*iiiuuhIwiu«u 
between  them,  did  reMolv«  tu  ik»  m  hat  hu  i  «*kilil 
aail  proinistfd  to  .s|H;d4  lo  ih%  i^lmk  ^u  kh«'  |iv««ii* 


STATE  TRIALS,  d6CHAlLLESlL  i6B4^'-for  High  Treason. 


[234 


■  acooventidethe  ISib  of  July,  and 
Hr.  Hii49on*s ;  but  indeed  it  was  not 
•let's;  aiid  it  is  not  alludg^l  here  by 
it  was  so.  And  tor  tbat  other,  my 
saner  gtt es  you  an  account,  tbat  upon 
ma  of  Miv.  Bathoc  there  was  a  con- 
bul  there  was  no  such  conviction  of 
llw  case,  but  only  of  Batlioe ;  us  ap- 
ke  record  which  hath  been  proiiuced. 
gentlemeo,  the  next  question  is  con- 
le  derk  <^  the  peace,  and  the  writing 
talk  of;  which  makes  nothing  one 
ke  other.  Then  there  are  two  wit- 
!ew,  ami  the  other  man,  that  met  witu 
an,  Mrs.  Smith,  in  Grub-street,  in 
make  a  composition  tor  penalties 
to  con7entick» ;  and  they  find  out  a 
t  used  to  go  to  conventicles,  and  thev 
lim  into  a  composition,  and  so  much 
IT9  iverc  paid  perhaps,  and  be  ought 
aid  more :  But  it  is  plain,  he  used  to 
icfiticies ;  and  it  is  pretty  odd  that  he 
pwked  up  on  a  sudden  there,  on  this 
rater,  to  discorer  these  practices,  at 
IMlion  of  the  prisoner  at  the  bar,  who 
fh  a  distance  on  the  other  side  of  the 


aen,  as  for  Mrs.  Higgenson,  I 
Pigr  tkia,  she  says  nothing  to  the  pur- 
ii  cither  material  for,  or  against  the 
lar  flhe  aud,  she  knew  notliing  (if  her 
_  i ;  and  all  that  she  did  say,  was 
I  mod  reports,  not  by  way  of  down- 
''       against  the  person  she  M'as 

g'nst.  And,  gcntk^men,  you  are 
iAt  hearsay  and  report  is  no  evi- 
lut  itmust*be  what  the  witnesses 
'  of  iheir  own  knowledge. 
pt  IB  a  worthy  gentleman,  sir  John 
|i  as  to  whatsoever  he  said,  or  any  of 
f  loM  him,  except  he  knows  it  of  bis 
iMge,  that  is  no  manner  of  e\  idence 
mk»  off  the  credit  of  Mrs.  Hilton, 
[jhe  herself  did  say  (if  it  can  he  tc^sti- 
against  her.  If  she  coiifest 
I  any  (K'sign,  or  was  cnj^i^jift'il  in 
e  to  Getray  the  vouni;  lady  sir  John 
i  of,  that  indi'cJ  hi  a  very  evil  tiling. 
ever  were  the  apprehensions  uf 
rning  her  siiare  in  that  matter,  or 
m  fittle  thiui^  that  they  talked  of  oon- 
iMtfeas  Hilton,  before  she  intermar- 
m  swnify  but  vcTy  little  in  this  mat- 
i  when  we  ask  sir  John  Tulbot  the 
,  Iw  cannot  gi%e  any  satifsfactory  ac- 
|pi|  for  be  says  plainly,  he  hud  no  con- 
|..witb  her. '  It  see'ins  it  was  not  a 
|ii  wlule  slie  lived  there  for  ten  years 
^  9md  it  is  pretty  hard  to  imagine  in 

Bif  sbe  nad  been  such  an  e>  il  per- 
wwld  represent  her,  in  that  time, 
Pl  araeued,  so  far  at  least,  as  that 
■  Aiiaiarged  the  service  long  be- 
r  John  Talbot  is  a  person  that 
mAI  to  permit  any  thing  of  ill  in 
Ml  yd  withal,  he  cannot  know 
Wk  Wf  vHPre  than  any  of  you,  of 


irregularity  in  the  family.  If  indeed  they  had 
questioned  any  of  the  servants,  that  were  more 
conversant  with  her,  and  taxed  her  of  any 
thing  that  was  oil,  tlien  it  had  been  a  much 
more  probable  exception ;  but  to  have  people's 
reputations  blasted  barely  by  tittle-tattle,  and 
stories,  ai^r  persons  arc  ^one  out  of  a  fiekmily, 
where  they  have  lived  lor  many  years,  is  a 
matter  of  very  dangerous  conseijuence ;  and 
any  man  in  the  world  may  be  imured  in  his 
credit,  if  such  a  thing  be  permitted.  What  sir 
John  Talbot  upeaks  of  his  own  knowledge,  that 
is  evidence,  and  wo  woidd  liear  it,  and  give  all 
due  regard  to  it :  But  what  was  siioken  of  con- 
cerning Hilton,  belbrc  she  was  married ;  what 
the  rest  of  the  servants  said  concerning  her ; 
or  the  general  reputation  that  she  had  in  tho 
family ;  that  is  no  evidence  at  alL 

Gentlemen,  in  the  last  place  there  is  a  wit- 
ness produced,  one  Dillingham ;  and  she  pre» 
tends  that  sbe  is  a  woman  of  a  very  ill  repute*- 
tion ;  and  tbat  she  would  have  hired  her  (as 
she  would  have  it  believed)  to  have  sworn 
against  several  people.  Now  as  to  that,  sho 
would  have  done  exceeding  well  to  have  made 
a  discovery  of  this  before  this  question ;  and  it 
had  been  ner  duty  so  to  do;  and  not  now  to 
come,  anil  drop  *in,  just  when  this  question 
comes  to  be  delNited  before  you :  That,  gende- 
men,  draws  a  suspicion  along  with  it,  and  a 
very  great  one :  But  I  must  leave  the  whole 
matter  to  you,  which  1  do  not  question  but  you 
will  examiue,  and  look  into,  as  well  as  yon 
can.  Thus  I  have  offered  the  evidence  that 
has  been  ^veu  on  the  one  side,  and  on  Uie 
other,  in  point  of  fact. 

Now,  gentlemen,  there  are  some  remarks 
made  by  tlie  pns<»nerat  the  bar  (as  God  forbid, 
but  he  should  have  the  advantage  of  whatso^ 
ever  can  be  observed  upon  the  evidence  given 
against  him),  that  is,  he  makes  a  difference 
between  the  testimony  of  the  one  and  the  other 
of  these  witnesses,  about  tho  'JUth  or  21st 
of  Genesis:  that  the  one  said  the  2l8t,  the 
other  the  20ih.  Now,  it  is  to  be  observed,  as 
has  been  said,  that  she  that  said  the  20th,  which 
was  the  second  witness,  Kaid  it  was  either  the 
QOth  or  the  21st;  and  Mrs-  Smith  said  it  was 
so  to  the  best  of  her  remiinibrance ;  but  it  ap- 
pears to  l)e,  and  so  I  perceive,  by  all  the  wit- 
nesses, ui>on  the  20th ;  so  that  as  to  her  it 
cannot  be  very  material,  because  she  does  uot 
swear  jvositively  cither  the  one  or  the  other. 

Then  gentlemen,  there  is  another  tiling, 
that  is,  that  she  should  talk  of  one  Weldy,  cap- 
tain Wcldy,  or  captain  Daniel  Weldy,  when  it 
seems  his  name  was  not  Weldy,  but  Ins  name 
was  captain  Daniel ;  which  I  think  can  go  no 
great  way  in  the  ca^*.  She  is  not  acrjiiaint* 
ed  with  the  man  himself;  she  tolls  you  one 
part  of  his  name  right ;  describes  the  house 
mail  the  parts  of  it;  and  speaks  of  the  cir- 
cnmstuncc  of  his  bcinic  at  sea,  and  l>eing  prayed 
for  by  Mr.  llnscwcU ;  thc^rein  they  do  both 
fiffcec  :  So  that,  though  she  apprehended  that 
his  name  might  he.  Daniel  Weldy,  yet  it  is  so 
far  right  enouyfh  that  it  was  one  captain  Daniel: 


256]     STATE  TRIALS,  36  Charles  II.  1 684.— Trw/  of  Thomas  Rosewell,     [256 


ani)  that  there  is  a  very  small  minute  differ- 
cucc,  that  it  will  make  little  one  way  or  other. 

Tlien,  g'entlemeii,  he  insists  npon  the  differ- 
ence between  their  evidence  ahnut  thai  cir- 
cumstanec,  wiiether  it  was  all  upon  one  entire 
subject ;  or  part  one  part  ofthe  day,  and  part 
the  otiier.  One  of  them  sa\  s  it  was  not  an 
••nlire  tliwronrse;  tor  that  about  the  rams- 
hoius,  and  the  broken  platters,  and  the  stone 
in  a  slinjf,  was  aflcr  two  o'clock,  alWr  the  in- 
'  ten'al  that  had  been,  and  the  space  of  time  be- 
tween the  disconrse  of  the  Kinsr's  evil,  and 
those  other  thing's ;  and  therefore,  says  31  r. 
Kosewell,  whereas  she  pretends  that  it  uus  all 
8|)oken  at  the  same  time,  just  as  it  is  laid  in  the 
indictment,  that  cannot  be :  and  so  it  appi  ai*s 
npon  liisown evidence.  Now,  suystliat  \\ omun, 
I  cannot  so  well  tell,  whether  it  was  forenoon 
or  aAernmm,  and  truly  they  mi{<fht  call  it  fore- 
noon, liecanse  they  had  neither  eat  nor  drank  ; 
nnd  says  the  woman,  we  n-rkon  that  iu?  i'mx'- 
noon  till  ailer  we  have  ilineil;  and  !>lie  cannot 
t».ll  whether  it  was  in  tlin  I*salins,  or  whrllier 
it  was  npon  the  chapter ;  but  it  was  in  that  dis- 
course that  he  held  that  day.  She  does  trcnc.- 
rally  apply  it  to  the  whole;  and  that  in  the 
day's  discoui*se  (alt  uhich  time  she  staid,  till  all 
was  over)  scieh  words  did  pass.  Voii  ha\c 
■heard  the  ditference  that  is  between  the  two  j 
.witnesses,  and  you  did  well  to  consider  of  - 
it,  if  you  think  there  isanv  thing  material  in  it. 

Cxentlemeu,  f  must  confess  it  carries  a  notable 
soil  of  testimony  in  it,  of  which  you  are  jud<i;es 
and  \%ill  wei;>-li  it  acconlinsr  as  it  oujs^ht  to  be 
wc'L'^hid,    First,   That    these    jwojile   sliouhl 
liU'Kilv  hit  together  concerninjj  tlin  kin:^\s  evil, 
and  thiit  there  was  such  a  discourse  iu  is  l;iid  in  i 
the  Indictnsent  about  it,  and  of  the  nnmhetVs  i 
prayin;^fi)r  the  people  for  the  cure  ofthe  kind's  I 
evifand  then  they  should  be  imuKHliately  healed . 
AntI  (>n  tlie  other  side  it  is  ju-etty  strange  (a**  he  I 
urires  for  himself)  that  that  should  lu*  per^eit-  ' 
ed.  uhicli  he  spoke  conc<'iTiin&f   the  prophtt^s 
prayinsr  f"r  Ihi;  kinj^,  antl  thrreupon  his  hand 
htinjr  healed,  wiierehy  the  prophets  ha\»*  the 
honour  (as  he  says)  'sometimes  by  i>rayer,  f»f 
eitrhii^  the  kiug^'s  evil:  so  that  sometbin<r or 
other,  thi-re  is  in  the  matter,  thatirives  a  mi<^h- 
ty  coi!iit«'iiance  to  wii:it  the  witnesses  s]ieak. 
There  i-*  a  eertnin  sort  of  occasion  (riven  (:is  one 
would  s;iv)for  sue!i  expressions  as  they  have 
testified,  \n  his  dlseoui'ses. 

Then,  when  they  come  to  talk  concerniii«»" 
the  rams-horns  and  the  platters,  the  witnt^ses 
say,  we  heanl  iiothinL;;  coneerninjf  platter*, 
mueli  Itrss  of  pewtrr  platters  ;  no,  it  was 
broken  pitchers,  and  tliat  was  occasioned  hv, 
and  iiad  relation  to  a  tuxt  (says  Mr.  I^osi'well) 
about  Gideon,  how  easily  he  discomfited  the 
Philistines'  army,  and  there  was  no  such  thifig" 
as  any  discourse  coneprning"  the  kin*;,  or  the 
^vcrnment  or  any  relatlou  thereunto;  it  was 
only  a  phrase  ustd  by  me  in  the  pulpit,  to  shew 
how  great  a  matter  ini^rht  be  ilone  by  little 
means.  And  so  hkewise  conecniing'  the  stone 
in  the  sling,  that  being  an  oceasionul  instance 
too  what  great  xniracles   ha>e  been  br<>u;;ht 


about  by  little  means  and  circnmstances :  1 
have  instanced  in  that  (says  he)  how  Daviil 
killetl  Goliath  with  a  stone  out  of  a  sling,  nnrj 
that  our  8a^  iour  Jesus  Christ  cured  the  blint] 
man  by  a  little  spittle  mingled  with  clay.  So  that 
he  u'ould  insinuate,  that  those  words  that  wen 
spoken  \\ere  not  with  any  such  intention  as  tlu 
king's  counsel  would  make  it,  and  as  the  indict 
ment  insinuates;  but  only  in  a  common,  ordinary 
preachment,  as  inferences  from  such  and  sueii 
scriptures.  And  whether  this  that  be  talks  of! 
was  the  discourse  he  held  at  that  time ;  oi 
what  the  witnesses  sjieak,  mu5tt  be  left  to  you ; 
they  having  sworn  it.  And  this,*as  I  talce  it, 
is  the  substance  of  the  evidence  given  by  the 
one  and  the  other  side. 

Then,  gentlemen,  Mr.  Rosewell  put  tbe 
question  in  the  moniinn^,  and  he  seemed  to  in- 
sist very  much  up(»n  it  in  point  of  law,  that 
the  dis'.'oui'ses  of  a  madman  cannot  lie  treason. 
It  is  true,  tliat  such  discourses  cannot  lie  trc- 1- 
sou,  if  you  lake  madmen  in  the  true  sense, 
that  the  law  conunoidy  takes  it.  All  iraitor«, 
all  knaves,  and  villains,  ar<'  somr>  way,  ami  in 
some  sense,  matlmcn ;  for  no  |>ersou  can  act 
with  any  roison  in  any  such  aflairs.  Treason 
is  not  to  be  connnitteJ  upon  the  foundation  of 
rirason.  TluMx-fore  uj)Ou  his  asking  of  tlie 
question  of  the  witnesses,  what  reason  there 
was  for  him  to  ns4*  such  expressions ;  I  told 
him,  >ou  did  it,  ac«!ording  as  the  iDdictmcnt 
says,  which  is  drawn  according  to  the  prescripts 
ofthe  law,  by  the  instigation  ef  the  i\f\\\ ;  yon 
did  it,  not  only  \%  ithout  reason,  hut  against  rea- 
son. Jlut  if  t  \U'.  bare  say  hig  that  it  \«  as  against 
rc>ason,  and  that  i  heir  fore  a  man  m  us  a  mad- 
man, would  srne  the  turn,  them  would  lie  no 
traitor  aceordiiii^  to  that  rule  :  liecaiisc  every 
traitor  would  Ih^  a  madman.  Every  traitor  is 
a  madman  ;  hut  cvary  madman  is  not  a  traitor. 
A  Uiadman  m  our  common  acceptation,  is  one 
that  is  c.:!pii\atcdiii  his  senses,  not  one  that  id 
corrupt  in  his  will  and  utlections,  which  must 
he  the  d(*fmition  (la  traitor  :  so  that  the  argu- 
mcut,  I  must  tell  you,  is  fallacious.  Every 
man,  that  is  depravcMl  in  hih'  mind  and  afTections, 
is  a  madman,  so  as  to  he  an  enemy  to  the  go- 
vernment, or  to  mankind  ;  hut  he  is  not  such 
a  madman,  as  is  commonly  meant  by  thai 
word  ;  one  uhose  winds  may  be  mistaken, 
because  of  some  disorder  in  his  understanding, 
so  as  to  \h*  excused  from  the  accusation  oi 
trrtason.  Then  lore  u  hutsoever  cons«|uencc 
there  may  be  ui'ihv.  thi.C;*^,  1  must  tell  you,al 
men  that  talk  afur  this  rate,  that  this  person  i:r 
accused  to  talk  in  his  pulpit,  they  are  every  one 
traitors,  ami  so  madmen  ;  for  <*'ory  traitor  is c 
madman:  and  if  in  case  Mr.  Kuscueil  b* 
guilty,  he  is  in  that  sense  a  madman.  If  i  - 
true,  in  other  thini^s  you  fmd  him  a  man  u 
very  notable  un<lerstan.lii)^,  a  man  of  a  ^er^^ 
threat  insinuation,  oiic  that  Ikis  a  gi-eat  deal  o 
Imowlcdi^o  in  tlu'  lor.i^  ucs,  lookiil  upon  to  li« 
a  very  IcMiiod  aud  ir.tri  iiioir-«  man  ;  whu  wa 
thou'^ht  tit  to  l»e  a  tulor  Xat  Sir  Kflward  Hun 
^erfbrdVs  children  ;  and  h.ts  luul  very  mauy 
Icuined  discourses,  and  shtwu  hiiust;!!'  to  b« '. 


Salt]  STATE  TRIALS^  56  Ciiahles  IT.  l684.— >r  High  Treason. 

ntn  of  f  ery  (rreat  |Hirt9.  Tlioiiijrli,  if  he  be  a 
traitor  upon  thb  evidence  that  is  ^iven,  lio  is, 
■eo  nomine/  a  traitor,  and  consequently  a 
■adman,  for  preaching  and  publishing  sucli 
iietrioe  as  lhi:»,  that  nill  not  serve  tfi  ixcusc 
him  from  his  treason  :  but  the  rather,  liettausc 
he  Bi  a  man  of  so  much  learningf,  it  aggi-avates 
the  treason,  as  it  muse  needs  do  to  any  body 
bthe  n'orld  that  considers  it.  For  he  iiiuier 
that  pretence  otferingf  to  preach  bis  doctrine  as 
fBipel-trutli  to  ij^iorant  people,  it  seems,  t'.00 
cr more,  of  all  trades  and  persuasions,  whose 
hh  it  Has,  acconliuj|r  to  law,  to  have  been 
then  at  c&urcli ;  men  of  strcn<^h  and  ability  of 
Mf,  as  t}iey  appear  to  be,  for  the  service  i)f 
Ifeffovemnient ;  for  these  people  to  bo  <!c- 
kuraed  into  rimtIi  doctrines  as  these,  of  stand- 
ia?  10  their  principles  a^inst  the  guvernuifcut, 
ibraMfe  learned  the  man  is,  the  greater  and 
UKker  is  the  crime  of  that  man  that  is  guilty 
if  it  God  kno^s  whether  that  be  Mr.  Uose- 
■iell*»case,  and  you  that  arc  of  the  jury  arc  to 
lrj:it:  to  do  it  under  pretence  of  preacfiingtlie 
Md  is  the  worst  way  of  doing  it  Uiat  could 
K  taken  ;  tw  quote  scripture  for  rebellion  adiJs 
todbe  crime,  as  it  did  to  that  of  those  black  ^il- 
hi»ibat  were  concerned  in  the  murder  of  our 
hteifrfad  Ki'Vereign,  who  has  been  so  often 
■otiooed ;  they  were  geaerdlly  the  preaehrrs 
if  the  laie  tiiues  tikat  contributed  to  that  horrid 

GoidemeiL.  it  in  notoriously  known  to  you  hi 

ttiuiu^ed  late  hellish  conspiracy  against  his 

Mid  and  most  merciful  majitstv,  our  so\e- 

Rjip  that  now  is  (%i  horn  I  pr^.y  6«m]  long  ia 

f^BK^mayjs)   those  that  had  an  hand  in  the 

■tantiMi  to  destroy  liiui.and  his  r(»yal  brother, 

nvifit&t  ruariy  of  thcui  black -coat  dissen- 

mii ihe church  of  England ;  and  I  cannot 

■/ 1  luMw  any  one  mcniber  of  the  church  of 

bflaad  that  had  any  band  in  it  at  all.     How 

■ttv  of  them  stand  now  (x>uvicted  by  outlawry 

ftr  that  bUiody  treasiiU,  I  won't  say  all  parsons, 

hi  gfner^lly  all  of  them  diss<>nters  ;  and  we 

hmm  these  are  th(»se  l>ase,  pn»digate  viilnhis, 

a%s  uiaile  ii^c  of  in  these  base  sinks  of  re- 

\ntl  tliev  are  the  common  sewers  of 

,  tlie9:c  coijvi'ntii'K's  are,  and  of  treason 

cf*nspiracy  ag:ii:ist  the   government    in 

rh  and  s.ate.     (jod  be  praisHt,  we  h:i\e  a 

a  on  tliat  teaehr.s  us  niuch  b;'ttf  r,  a  religion 
UUied  hy  the  hi\«s  of  the  land,  and  \\itli 
tetdectrncy  of  uorship,  and  care  of  t!:*?  soiils 
if  tteii,  that    !nav  bring  us  all  to   heav(  n,  h\ 
Acjf.aceof  fioii,  ifwc   please  to  her.rlun  To 
Aedictatf-'i  <  f  ir,  and  to  mind  \thnt  is  injoined 
Mb«ur  du*v  hy  the  law  ;  hut  when  peoolcj  are 
MBedehi.Ud  by  the  insinuation  (d*  such  f:d.s(> 
Inehers  ami   run   into   faction  and  diseonlcn^, 
kithe\  wiU  ^tjf,u  rnu  into  relicllion  too.  Ami  1 
ytakthis,  tb'-  raiher  to  deter  and  j^ivc  w::r:»- 
Iflo  oth«T  peopif,  to  have  a  cnro  how  they 
IMm  sear  «uch  plaics,  and  sueh  pnictices, 
llBto  afiec't  you. 

n,  here  you  have  hail  three  wit- 

czandbcd  against  the    prisoner,    who 

I  Mcnsed  for  a  crim*  of  bigh-trcason.    1 


[258 

nmst  confess,  I  have  taken  up  a  great  deal  ol 
the  time;  and  a  great  deal  of  the  time  was 
taken  up  before  ;  but  there  is  no  time  too  long, 
wherein  a  question  of  so  mighty  moment  us 
this  is,  is  to  be  decided  :  the  government,  thk 
preservation  of  our  king,  the  preservation 
of  our  religion,  the  preser\ation  of  our  laws, 
are  all  concerned :  for  by  the  destruction 
of  our  king,  and  of  our  govermcnt,  our  re- 
ligion, and  all  that  is  neur  and  dear  to  ns 
in  the  world,  will  run  a  great  bastard,  if  not 
come  to  a  total  destnietion ;  and  I  am  sure 
it  did  come  near  to  it  in  a  former  time,  by 
thi.s  very  suil  of  way.  Tiierefore  I  injuin 
you,  in  t'ic  presence  of  the  Aimif;hty  t«od,  let 
neither  di-  nittasurf,  nor  any  soit  of  personal 
imimositvj  in  any  tlung.  Hint  has  been  contract- 
e<l  by  hearsay  irom  abroral,  nor  any  imngina- 
lions  that  have  lieeu  suggesied  here  without 
proof,  any  way  direet  you"  in  the  consideration 
of  this  cause  against  the  nrisoncr  at  the  bar. 
Hut  go  accdrdlng  to  the  evidence  that  has  lK*en 
here  before  you,  en  the  one  side  and  on  the 
other  side.  For  as  on  the  one  side  you  arc 
not  to  be  corrupted  by  common  talk,  or  any 
prejudice  against  a  portj  or  a  faction ;  so  ai"e 
you  u(/t  to  be  inlsicd  by  any  affirmation,  or 
rcHeetion,  or  com.jient  that  the  prisoner  has 
made  or  said  for  himself,  other  than  what  is 
supported  by  the  testimony  of  these  witnesses 
thai  he  La]  ;;i*oduecd,  an**  A^  liuse  evidence  is 
left  lo  you  to  consider  :  for  you  must  not  be 
led  by  any  circumstances,  or  by  discourses, 
but  what  is  sworn  on  the  one  side  for  the  king, 
or  testitieil  on  the  other  for  the  prisoner.  And 
theret()re  I  can  with  all  frei  dom  and  zeal  for  the 
government,  and  all  tine  compassion  to  the 
prisoner  at  the  bar  (whom  with  ail  ni}'  soul  I 
am  sorry  to  see  accused,  or  indeed  any  man, 
of  s'ueh  a  criuh")  leave  this  matter  entirely  n[ion 
the  evidence  that  has  been  givi-n.  And  tfiougli, 
I  say,  1  am  sorry  to  see  him  accused  ;  yet 
such  transgressioils  arc  aggravateil  now,  when 
u«*  live  in" an  age,  wherein  we  ha\e  all  peace 
and  plenty,  while  tho  rest  of  our  neighbourii 
are  \^  allowing  in  their  bltMid  round  ahont  us  ; 
son\e  Me  hav<!  hrtird  o\\  are  brought  to  the  ne- 
cessity' of  calinjx  tlu»  most  fi'aijy  and  basest 
animals,  that  never  was  designed  for  the  food 
of  m:in ;  1  say  ^^heii  all  our  neighbours  arc 
giJ.jiMing  under  thi'  miseries  of  war  (blessed  be 
(io»!\  ue  live  and  sleep  i\\m  \\\  under  our  own 
\in(s  ;  v.r  <-i)oy  the  b<nefii  <d'hi'ing  subjects  t«» 
a  gr?.<-i()u>.  king;  we  enjoy  the  full  e\tf nl  of 
our  l.iur,  \\]ii<;li  are  surli'ient  to  stfin-c*  our 
libcrtirs  and  [»roj)ertie:; ;  ?T»d  no  man  cjui  Iw 
l-roeyiit  (no,  in»t  rne  ni'  {Uv.  uH-anest  sul.jt»i'ls 
ilu"  king  liiis;  to  Mi.ieh  an  miMnuly  md,  ln!l  hy 
tlie tmi'  ujttliods (djuMiec 

lie  is  lo  he  trail  by  \on,  i;rntlenien,  ^ho 
are  gent  Uiuen  tjl^jualily  of  !?•!•  louiity  ^I'tre 
the  fact  is  alledgr  d  to  l«-  t.mujittrd;  against 
whom  he  mioht  hn\<' madr-  hi-.  ei»allenges  aiuf 
exceptions,  W  he  hiul  :.nv  n*a>o!i,  as  he  di«| 
ag:iinst  the  others,  are  .n!iug  to  the  libert\  the 
law  allows  him,  without  any  reason.  Si>  thai 
you  staud  indiUbruU  between  the  king  and  the 

S 


iB0}      STATE TlllALS,  BG  Chahlrs  if.  1684.— TriflU/  JhmaM  R&saffeU, 


I 
I 


ndisouor  at  the  bar,  to  try  tills  niusi%  whrther 
he  be  tfuJlty,  or  not  guilty  of  the  treuson  uf 
^bit  b  he  sfantlti  accused.  In  case  the  late  its- 
lentJed  rebi-llionfi  ami  iusurrections  had  tiiken 
ll»  '1  cftect,  accoidiii^lo  ifu*  dottrme 

JM  these  stTnions,  of  sUuulmcf  li>  jirn- 

f':  ,■,-;...  .   ."  ,.  '  ,:  ^. 

«^m'  one  of  iheni  might  le  nctunUy  tTigaged)» 
1  snv,  ill  cn«e  sucli  a  ihiijg  hud  Wen,  U»ere 
had  teen  nothing  but  eutlmg;  of  ihrtmtij ;  there 
hjid  heen  nojisstice  for  any  sohjcet  ro  have  e4- 
necte<l ;  nn  methods,  or  pn>ceedin|j^  ot  laiv  ; 
but  destruction  would  have  come  upon  tis  like 
«n  annrd  mau. 

Therufure,  gentlemen,  as  the  evidence  ba^ 
licen  lotiL',  so  I  horn?  ynn  will  g;ivc  me  your 
pardon,  that  I  h.'ive  been  tlie  longer  in  insisting 
ttpon  it ;  and,  according  to  my  beflt  understand- 
tD|t  and  memor\\  1  have  g-iven  vou  the  best 
Hecount  I  can,  both  of  the  evidence  for  and 
oguiust  the  [imontr.     You  nw  judges  of  the 

ffi^*     ""^'  ' V  fiod  direct}' on,  and  ifiiideyou 

i»'  lices,  that  the  truth  may  be 

di.  -     L.^  i  :^   ,!;urverd»cl» 

HjoscwcIL  lilay  a  loyal  subject  speak,  my 
lord  ? 

L,  C.  J,  No,  Mr*  Kotewdl ;  after  the  Jury 
art*  cliar*ri«d  by  Ute  court  yuu  arc*  not  to  say 
any  thing,  l^v*ear  au  olfic«?i'  to  keep  the  Jury. 
[VVbich  u as  done,] 

'i'ben  tlip  Jury  withdrew  into  the  usual  njom 
far  such  j>urfK>sca,  to  consider  of  tbdr  Verdict ; 
and  afU'rH'Hrds  they  returned  into  court. 

CVitA  of  Uh-  Crown.  Crier,  take  the  appear- 
ance of  ifiejury. 

Crkr.  Sir  George  Sheers. 

Sir  OtiWMC Sham.  Here. 

Crier.    Vous  aveic  Sir  George  Sheen,  3tc, 
fAnd  »o  of  the  rest. 
«yCr,    GentlemeQ,  are  you  agreed  in 
ymir  Verdict  ? 

Jury,  Yes, 

Ci.  flfCr,  Who  shall  say  for  you  ? 

Juri/.    Our  ForemutK 

Ci\t'Cr.  Thonjas  llose^^ell,  bob!  up  thine 
hand,  [Which  be  did*]  Y'ou  i»f  ih**  jury, 
look  upon  the  prisoner.  How  sny  you  ^  Is  be 
Cuilly  of  I  he  uit^h- treason  whereof  be  stands 
htdirtiNl,  or  \n\,  Uuiliy  ? 

IWrmun.  Guilty* 

VL  of'Cr  What  gtuxk  or  ehattetji,  lands  or 
Unementft,  btid  he  at  the  time  of  the  bi^b- 
tri'tiMtri  ( uiiiii.int  d|  or  at  any    time  ciince,  to 

I  'AL\  that  we  know  of. 

Mot,  ibt'O  iliv  Lord  liave  tnercy  upon  the 
jury  !  My  lord,  I  huintilj  rec]Ue*it  this  favoui » 
lb  HI  ibcy  may  be  aske^l  icparatim^  wbetlier 
tbev  he  all  rd'fhe  Mame  opinion* 

/*.  C\  J.  That  i»  never  dorie>  Mr.  Hosewell, 
uoUhm  ihiin<  \h*  unv  dilferonccT  suggfcsted  from 

tnl  to  tliem  tlieinselves  ; 
4$t  1  Urti  V  iicai  a  umny  timci  iJlc  j>iry  gt  by 


the  major  part  ;  and   I  VfoM  kli9«^ 
ihty  be  all  of  that  opinion*    Therefore 
they  may  be  asked  that  question* 

t.  C.  J,    You  umsi  be  eootented*  Mr 
well;  in  case  there  neie  any  dttft- 
i»liouhl  hi-ar  of  it   from  ainoiiq'st  tb 

CLofCr,    T       1       V  ^ 

the  court  has  f 
Itosewfll  in  t/n.Hv  «it  n** 
be  Jjtunds  inilictetl ;  but  i' 
chattels-,  Urids  or  U'neui< 
b)j(rh-ttea$ioii  LMitnmitteit^  ^cc, 

ymtr  knowledge,  and  so  \ -     ^  ; 

Omnet.    Ves- 

C7,  of'  Cr*  Gcnlletnen,  the  ooari  - 
you. 

L.  C.  X    Marshal,  you  mu'*t  take  liiin 
your  custody,  Wing  now  '  i 

ifjw,    Mv  lord,  I  wout'i  jeg',  fw 

jur> '       ■       :i  luselves,  thai  Itiai  ipiestiow 
ben-  ji. 

L,  I, .  7     \\  r  uiu«(t  not  induing  any  it 
tiouiS*     It  is  not  iisuh].     Yon  miiv  ask  Ibem, 
you  plea*ic  ;  see  wbt**'  -^  *^'"*  *vill 
We  nuisit  (JO  «cc<irdi  i  jrms  of 

Roi.    Then,  my  Im^.,  ,. ; ui«--;t  ot-nt] 

estates  wer*  joined  in  one,  In  f 

conditions  with  that  man  of  th> 
possess  the  wbole« 

L*  C.  J.  Mr.   Roscvrell,  ^e  mvisi  h$,Pt 
reflection*  upon  the  jnry. 

Then  the  pnsoncr  wa<t  tnketi  i^aVt  tli4  I! 
court  broke  up. 

Die  Lnme  24  Nov,  lOa^i,     B.  lU^/i. 

DOMlNt.S  UliV  V,  ROSEWELL. 

Til  is  day  Mr  HosewcH  beiag  brought  up 
the  court,  to  receive  sentence,  tlie  isoiift 
ceeded  as  follo\rs ; 

X,  C.  J.    Brother   Jenuer»  bare  ytm  m 
tiling  to  move  ? 

Scij.  Jenntr,    My  lord,  wc  wait  uuon 
prisoner  at  the  bar,  lo  desire  jud^men 
conriction  that  wa!S  here  the  otbi.i 
'tifason. 

A^'ainst  the  prisoner  ftt  the  tnr 
you  mean  : 

Serf .  Jm  n  tr.    Yes,  Sir . 

L,  C*  J-    Then  call  him  to  bl-j  ju< 

CV.  of^  Cr,    Tlnjmas  Rnsewell,  bo! 
hand.     [  W  bich  he  did  ]    Tliou  hast 
dieted  tor    big'h- treason^  in  compasfttn^ 
iuiBgining  the  deoth  of  the  king',  and  thi 
verAioti  of  the  i;overnment  r    Upon  tin 
dictment  thou  hast  been  arraiofned  :  V\  * 
arrarpnneut  thou  hast   pleaded  Not 
And  tor  thy  trial  thou  hast  put  thyself 
God  and  thy   countn^ ;    which  country 
found  thee  O'^uilty .     Wliat  hast  thou  to  sa^ 
thyself,   wherefore  judgment   should   not 
(fiven  a'^ainst  thee,  to  die  accordiii}?:  to  the  biir 
[Then  ne  wa*  made  to  kneel  and  rise  a| 

Roii'ucif,     My    lord,    I     humbly 
that  your   lordship    will    not  give 
Jig^ainst  me  upon  this  indictment,  o 
thv  circumstanocs  of  it,    I  bti?e,  niy  li 


ht^'trfasi 
L.  C.  J. 


M] 


STATE  TRIAIA  36  Chables  1L  l6S4,— >r  High  Treaim 


I  id  tliU  bdoour^Me  court,  in  the  presence 
-'•-*•  *^  '♦    ftrp  scare Kev  of  tiearfSf  my 
4" ;  tut  I  baTe  been  found 
li^  ..  II  \vlu>m   lUe  Lord   have 

I  :  iny  detestation  anil 

,  II  in  my  Tery  soul  \ 
W  I  do  humbly  bf'^;  your  lord&hip  and  the 
^ttrt  to  com|]aisioiiate'tny  preHont  condition  ; 
^^'*tlj  biiinbie  snbmissron  to  your  lordsluiit  1 
enter  iotn  my  disrx>ur3«  unon  that 
taesds  ;  for  1  would  be  M\  taken  thus^ 
gttt  io  this  convietion  to  deny  the  thesis, 
■  was  guilty  of  spesikine  Biich  words 
in  the  indictment.  Bui  U(M>n  the 
-1  r  nz  that  1  ivere  g'uilty,  I 
tliAt  these  wordfi,  as  they 

vt  lai^.,   * IVeaiion.     They   are  very 

Cnlob  mod   ugly  vrords;  and  nmy  be  a  very 
DisdciDeftnour  inlaw  (if  true,  whicli  still 
i  over  and  over  again  insist  upoo)»  but 
not  treason.     And  I  lieg  your  lord- 
tio  oie  the  fuvour  to  let  the  Indict- 
*  re«d  once  more, 
J.    Ay*  with  all  nny  heart. 
Rot,    I  huinbJy  tUank  ^our  lordship  i  I  de- 
t  »ay  be  read  in  Latin. 
.  C.  J.    Ucad  it  to  him  in  Lutin* 

'  t$,  Juratorc^pro  Domino  Uege  suptT 
encam  suutn  pr;r8entaQt,  SfC, 

[Tbc  wb^le  Indictment  was  read] 

Btfv*  1  humbly  thank  your  lordship.     There 
DC  things  that  1  shall  ofler  to  your  lord- 
iKiTes^  of  judgment  out  of  this  indiet- 
ii\A  I  request  your  lordship  to  bear  me 
K  Ing  hert'  fur  my  liie.     I  pray 
lie  arrested  for  theie  causes; 
rnot  any  crime  !»ufficiently  set  forth 
Jftbip  to  ^?e  judgment  upon,     My 
Jgliy  take  it  fur  y;rantedf  that  in  all 
I  oi  treaiion  there  mu»t  be  some  par- 
r  of  treason  ussig^ned  ;  uud  that  it 
cient  tadjctnient  in  j|p^neraT»  that  a 
intend  to  depose  the  kinjj,  or  to  raise 
liun,  n ith out  some  Overt- act  poMtii^ely  wi- 
]  to  b*'  linnrhv  that  person  ;    the  jfeuenil 
IfcittioQ   1:  ai)   iudu cement  to  the 

1  I  luattepi  that  set  forth  the 

r  LretiiH»tK  are  tl»o«e  that  mnke 
,  upon  which  the  court  and  tJi« 
piooeed.      ^o\i\  my   lord,  if  that 
er^  timt  b  altedged,  lie  ins^ufScIent, 
nhie  submission,  thoug'h  there  be 
ny  such  sorts  of  facts  proved,  and 
jury,  the  party  i^nuot  be  con- 
rfreasoD  :  For,'  in  this  case  the 
I  same  adtrantagc  to  except  iigolnst 
B  particuliirs  alledged^  to  prove  the  jfcneral 
fffci^c««..ri  tFV-ncon,  851  acainst  the  gneneral  trea- 
in  II'  \  with  humble  submission,  my 

hrt^  V-  \\  that  the  matter  here  sug- 

.  as  will  evidently  anpcar 
yfafli  i  ii  !o  offer  to  your  lordship, 

ftn4  utjii  pruiei  pal  objection  that  I  have, 
i«t  the  inuueudos,  which   are  so  many, 
^mr$os^,in  these  words  that  are  allcdged 


Hl^ar 


against  me.  These  inuuendos,  my  lord,  I  say, 
are  nought  and  void  ;  aud  t  presume  that  it 
will  be  allowed  to  mc,  upon  reading  of  the 
words  by  themselves,  as  had  and  as  foolish  as 
ibey  are.  >V^ithout  these  iimuendos  there 
could  nothing  be  made  out  of  such  words  as 
these  are,  neither  trt^ason*  nor  any  thing  else. 

Then,  my  lord,  in  the  second  place»  laying 
asitlc  the  innuendos^  I  muiit  insist  upon  the  re- 
pugnancy and  instMisibility  of  the  words  laid  in 
the  indictment,  being  in  Latin »  and  such  Lahn« 
as  I  believe  your  lordsViip  never  saw  ;  au^ 
upon  these  two  points,  1  de.sire  that  judgment 
may  be  arrested,  and  I  humbly  pray  counsel 
may  be  Assigned  uie  to  make  them  out  m  bet* 
lerTonn, 

L>  C.  X  What  say  you  to  it,  brother  Jenncr, 
and  the  king's  couosef? 

Serj.  Jtrrtwer.  1  cannot  see  that  he  has  al- 
ledgedany  objection,  which  hei-e  requires  an 
answer  from  any  of  us,  that  are  of  counsel  for 
the  hing. 

L,C.  J.  Yes,  brother ;  raethinks  h«  does. 

Att.  Gen,  Ifhe  docs  pretend  to  object  against 
any  of  the  overt -acts  alletlged  in  the  indict* 
ment ;  3'our  lordship  observes,  this  indictment 
is  upon  the  statute  of  the  13tli  of  this  king, 
wherein  words  are  made  treason,  if  they  in- 
tend any  hurt  or  imprisonment  to  the  king-s 
t»erson.  For  his  objection  as  to  the  hmuendos, 
ic  dues  not  assigu  wherein  they  are  repugnant, 
or  insufficient,  lie  does  a«isign  in  particular, 
indeed^  th lit  it  is  insuflicient,  being  a  general 
crime ;  which  yet  he  does  not  say  is  not  suffi- 
ciently laid ;  for  it  is  said,  that  he  did  compass 
and  imagine  the  death  and  destruction  of  tlte 
king  :  And,  to  eifect  that  compassing  and  ima* 
giuatiopt  he  did  speak  such  and  such  words, 
which  by  the  statute  are  made  treasou  if  they 
tend  fo  attempt,  by  preaching  or  writing,  any 
imprLsoumenc  or  harm  to  the  king's  person. 
Then  for  him  to  come  to  talk  of,  '  standing  to 

*  their  principles,*  after  he  had  spoken  of  *  two 

*  wicked  kings  together,^  meaumg  the  laie 
king,andthe  present,  and  that,  '  then  weshould 
'overcome  our  eotunes,*  what  is  that  but 
preaching  in  order  to  raise  a  reheUiou  and  in- 
surrection, tending  to  the  destruction  of  the 
king,  and  his  government  ?  All  this  is  laid  in 
the  indictment  ;  the  jury  iind  it  spoken  ma- 
hciouslvt  and  with  such  an  intention  as  we 
have  hud  ;  and  therefore  we  think  that  it  is  suf* 
licient. 

L,  C\  J,  Uut,  if  I  take  the  gentleman  right 
(for  1  tell  you  befomhand  justice  must  be  done 
to  all  people  im partial! Yi  the  crime  is  a  very 
great  cnme  that  he  s»tuiids  uccu^d  of;  and 
the  jury  have  found  him  guilty  of  ilie  crime 
laid  in  the  indictment:  But,  if  I  take  him 
artg^ht]  he  does  not  say  that  wonis  are  not 
sumcient  to  create  a  treason,  but  the  words 
here,  as  they  are  laid  in  this  indictment,  are 
pot  sufficient :  And  as  I  take  it,  there  is  no 
great  dilHculty  in  the  matter  ;  but  the  wonia 
would  have  been  sutlicienl  to  have  supported 
the  accusation,  if  they  be  well  laid.  But  the 
f^uesttoti  is,  whether  the  wordt»  that  you  have 


SS]     STATE  TRI ALS»  Sff  Charles  11,  ifiSi.— ThW  of  Thomas  Rmwir,     [S 


bid  here,  be  so  po^ lively  a65rine4l  to  hare  been 
okeii  bj  the  prisoner  and  to  rcbfe  to  tlic  j(o- 
nimtfnt,  ns  tUey  ought  to  be  in  un  indicitricnt 
li%b  ti-easoii  f 

Att.Gcn.   That  the  inilictmeiit  rou&t  make 
Pill ;  aud  the  jury  have  ibuud  him  ^liJty,  ac- 
li^rdiuif  tn  tht^  iiiJictnient. 

X.  C  X  But  that  b  his  objection,  they  arc 
[jiot  soin  the  indictment. 

AU.  Gen.  My  h»rd»  they  are  laid  as  the 
ritnesses  swort;  Iheai :  as  your  lordiihip  can- 
Hoi  but  remeraber. 

L.  C.  /,    That  they  are  net  positively  af- 

Brmed,  but  only  tiDedgeH  under  an  innuendo; 

liat  is,  he  s[»okesuch  and  such  \%ordii,  whereby 

be  compared  Uic  king*  t<»  Jeioltoam,   and    tlic 

lllke ;  and  we  had  two  w  ickcd  kingia  tojycther, 

|bl3t  if   we  would  stand   to  out  principles,  wo 

ibould  overcome   our  enenutii,   innuendo  the 

lu^,     'i'he    alletlging   erf  the   w  orJs    spoken 

I  in  the  indictin<mt  vh  positive,  if  tliere   be  bofli- 

[c)ent  matter  in  the  words  to  make   them  ap- 

I  Bihcabte  lo  the  government,  so  as  to  make  it 

llreasiQn.     Bm  if  you  #>nlv  *ay,  he  spoke  I  hem 

t^tmtendo  «(0  and  sa,  ihat  itj  not  pL>siiive  enougii 

To  make  the  indictment  good.     1  take  it  lue 

Bbjeetion  rims  ifiut  way. 

Urn,    My  lord»  I  hmnMy  thank  your  lord  - 
^^brii  tin*  exiifaining-  mv  niraninir  :  it  is  so; 
/„  L\  J.  ^  In  T ..  e.is«^,  tf  yon 

ay  the  dffcno.r  nd  such  words, 

"ymi  do  not  hi>  u  ,  p  them  of  tht 

plamtifi;  in7iuni<f(\  ;ifl;  in  repent- 

^  0 rdfs  vvt>  n '  I  * .  V .  .  .  -  ,  i  t  re ,  i i  y  o u  had 
|ht  it  in  the  tndtt'tment,  that  having  dis* 
fe  oi  thr  itttc  king  and  this  king",  he  had 
ti^cii  ih<"HO  words?,  •  We  ha?e  now  had  two 
r*  wicked  kir.^s,  &c.-  you  ehmi  had  bruughi  it 
[liome  to  htm  :  but  you  do  not  lay  it  tlial  it  wau 
oken  of  them  at  all,  but  onty  in'th*  immvndo ; 
■^tfls  you  ougfht  to  say,  first,  That  he  s^pokt- 
I  btc  king",  and  this  kinij  ;  and  then  said, 
Nave  hud  two  wicked  Unv^s  tog^*ther,  in- 
fmucitdo^  I  he  Jate  king,  and  this  king. 
'  An.  Gt:n,  My  bird,  1  do  not  know  how  we 
I  could  have  done  it  bcUer  th»n  we  have  done* 

L.  C*  J.  lx>ok  ye,  w^e  give  no  opinion  ;  hut 
^thc  objection  has  weijjht  in  it^  upon  m)  word, 
I  Ai  I  told  vou  before,  in  common  rasi^s,  an  ac- 
i  tio«  of  fhc!  case  ibr  word**,  or  tl\e  like,  ynu 
ritiitxt  lay  a  communication  coocemijic'*^*^ 
Ffilainlifr,  or  an  intiumdo^'iM  not  be  asutficient 
[  aierfiient  of  its  lieing;  spoken  of  him.  In  en 
'  I  of  ihf  ciise  for  words,  till  utlhiu  these 
In  or  eif^ht  yearn,  they  wen*  obliged  to  lay 
r  the  plaintiff;  and  of  hi<%  tnide  ; 
I  me  him,  were  bp<»kt-n  of  him 
ill  Mtrii  u  iitut'  such  word^,  l^<s  thnt  h^  was  a 
^  <?beatin{r  knn^u;  wher*.*  the  woni  knave  would 
1  Ix^ur  an  action,  n  hnre  innucntjft WmiW  not  do, 
tikiii  wdH  nr»t  tnoTigb.  But,  now  I  confess, 
klmncedtelaratUius  nre  made  a  littli^  more  con- 
1  ci«(e,  you  need  only  ^y  *  dixit  ile  qnaTente,* 
bwudi  «nd  Huch  wonk"  without  a  Voitoffuiuffif 
fliul  you  must  5ver  it  t'j  be  spoken  of  the  plain - 
Ltilf.  1  never  thou^it  it  |fnod  in  snth  a  cose, 
,  ^  My  of  a  merchant,  tie  is  a  tiattkrnpt  knare 


{innuendo  the  plaintiff),  unless  be  say  he  ^ 
of  his  ti'ade  and  merchandise,    t^o  tbat  the 
jcrtion  does  seeno  to  carry  rery  niucb 
iu  it, 

SoWior  General  (llr.  Finch).    My  lord, 
ynur  lordship  would  ^ive  me  k*ave,   1  woi 
endeavour  lo  ansvrer  tne  case  as  yt^nr  loidjjl 
has  pni  it ;  for,  my  lord,  no  donht  m  all  coi 
nion  actions  of  the  rase  for  words,  it  rnuai 
averred  lliat  tlie  words  wei*e  spoktn  (tc  jn 
of  the  ptaintiff;  hut  the  first  partol 
ment,  m  tliis  case,  shews  that  the  v 
be  spoken  of  the  person  of  tiie  king,  ;-i 
late  kinijr;   tor  it  says,  be  did   cunfi[ 
death  and  destruction  of  the  I  1 

(Mise  him  from  hisy:Ovenmieii( 
that  traiterous,  wicked  inienutiii  ^pi   i 
intcnttotte  lie  did  speak  these  words  of 
veriimeot,  ♦  We  have  bad  two  wicked 

*  together,-   meaning  Ihia   king  and  the 
king- 

Z.  C,  J.    If  you  bad  said  fto,  that  be  «^ 
these  words  of  the  king»  you  had  an«wV 
mv  objection;  but  the  conspimcy  of  the  d 
ol'  the  kin^  bein^  only  a  general  form 
treason,    will  not  make  gotnl    an  mdicf^ 
of  higli  treason  -,  but  yo^  must  vh»-w 
acts  or  words  to  evince  and  prt        V       '\ 
his  intention;  that  he  did  eit 
and  Siucb  words,  or  did  KUch  -  > 

It  i%  not  a  gfu»d  indict meul  to  » 
■;    ,  for  he  spoke  fv  ' 
■  >  c4iiTy  on  hi<i  1 

.....    ....J  such  v..n,t.   of  .,..  ^„.,..._... 

mtist  be  potiitn  d, 

SqI  Grn,     V\  ,  mv  lord 

*■  et  ad  ea!^dem  net  and  as  | 

*  rimpleud&s,*  he  spiike  % 
Wehaveha^l  two  wicked  kmgsi  togclht!f»  i 
uurndo  this  king  and  lite  late. 

L.  r.  J.  You  ha%e  innuf.nd<i^'d\%  UM  ttiib 
T  do  doubt ;  for  all  the  fncts  are  laid  imdi^r 
iiinncnd<Xi  MiUiout  a  positive  avcrtnenL 

Alt.  Gen,  My  lord,  I  think  it  isasfuUy  U 
as  il  |)ossibly  eouM  be. 

L  C.  /  Come,  Mr.  Attorney,  if  an  casrt 
common  artions  for  %» ords  there  \m  ^ueh  «iyi 
nc^s  reipiiretl,  ten  time^  more  ought  thcru 
be  in  an  itjdictment  of  treauon,  where  a  maj 
life,  and  all,  h  so  much  concerned.  1  am  i 
i»ati.%lied,  I  aa^biire  you,  that  this  indiHiBrnl 
well  hiid.  thotJgU  I  give  no  opinion  ;  but  In 
justice  wo  oujjht  to  aswgn  him  counsel  to  ma 
out  his  ohjcction, 

Ati.  Goi.  Alt  this,  my  lord,  is  only  in  4fU 

LC^J.    Mr.  Attorney,  *  Ue  vi' 

*  nulla  est  cnnctfttio  loiig-a.*    I  thin^ 
to  as5«tgn  him  ^  ^1  the  rest  or  my  m 
!hcr!arcofi'  loe. 

A(t.  Gen.  *.' i  tti.  :ij  read  colonel  Siilne 
Trial, '^  and  the  [odictment  there,  and  tbej 
find  it  the  siirue  ibing, 

L.  C*  X  1  cannot  ttll  whetlier  there  arc 
such  innumdin  there,  1  believe  noi^  b 
know  not  il'Uiere  were,  if  in  ease  it  had  1 


*  SeeTol  %  t>.  8ir,  of  ibia  CoHectM. 


STATE TRfALS,  sSCharlbs 

»H  in  aiTMt  of  judg^m^t^  what  ihe  court 
M  b»?e  dooe  thctt*     But  I  think  we  oaght 
tft  Mi^  lum  counsel  to  make  out  Uts  ob- 

•    Tery  fact  thftt  makes  this 
rTH'^' up  sedition  and  reLcllton 
iruj  we  saVi  to  effect  it, 
ii<  rn  his  pat  pit,  we  have 
together,  raeaniogf 
huvc  su^ei'eil  Po- 
ne uiidei  tiirir  noses;  hut,  if  yop 
■your  pnnctplejf,  meaning  ihepeo- 
■"  irour  coeniies;,  meanlntr 

PI  '3t. 

"  f!o  not  say  that  he 
^«ke  '  I  :^ :  iliis  you  shoukl 

ii  :.,.:- :i:espcnkiiigot  these 
fy^iy  overt- act ;  ari<i  if  he  did  not 
rof  ttie  kiojf,  ^  hicli  yon  ought  to 
at  Otily  hy  way  of  mnurndot  thai  cftn- 
*  think,  be  m*  (jo<hI,  lioi'  sofiirient. 
J«i».    H'tMinT.    I  take  It  that  these  are  the 
m  wonls  that  are  to  noaiutain  ihj*i  indict- 
.  and  the  <piestion  is.  nhellier 
hare  t>een  averred  that  they 
okc=n  otiii  '     .rs? 

,  J.    We  any  opinion,  Mr, 

'  jir-L  liuii    Keemti  to  he  $oinc 
t    and    weii^lit  in  the   objec- 
»  K  r-vt'  li  urjTUfcd,  uud  iheretbre 

An.   t  .     ■..    ,  L.  uk  your  loidshsp, 
.  £. C,  J.  We  (fo  ihnik  !t  Ht  to  Jook  into  it,  be- 
w©  nrue^tnl  any  tariher  in  a  case  \rherc  a 
'^ttn^thie  18  cOTicprnotl, 
Ritt,  1  prny  find  lo  bless  yourtordship, 
t'  i  you  have  na  ntn^d  to  thank 

'^  :u  do  justice  lo  a!l  men. 

fU*i,  Uui  1  <U  sire  to  rti tiro  luy  hearty  thanks 

'  jfour  lordsihip,  for  exphiniuf*'  and  maktntf 

I  tny  iinakilfuhief**  in  the  law  Avould 

nil  me  it}  do,     God  be  your  reivarder 

Ft*  C.  /.  Well,  who  would  you  bare  to  be 
ponsel  f 

fif  yonr  lordship  pleases,  ftlr.  Wallop^ 
hpxfi-ii.  :nu\  Mv.  Thonms  llaraptield. 
rf-  C  u  as^ii^T^ued  of  counsel  for 

I  veil,  I  ihink  It  IS  noe  im- 

k»',  Oju^o  this  occ*j*i*>o,  to  take  no- 
liiai  H  in  my  mind,  relating- to  your 
I  In^c^use  f  observe  it  is  a  matter  of  great 
itioii,  and  *so  ^^•ds  M  your  tnirf,  and  here 
Rt  rrowii     "  "  '  now;  vhat  as  thii^ 

undr  if  t!  I  nt  (ulU  out  to  be  a 

Dent,  unirii  is  the  question  that 
btfffore  the  «*ourt>  so  that  you 
;,.,4..,.,^^t  of  high -treason  paijsed 
■r  according  to  that  jud^f- 
[ik,.„  ....,  ., ,  inc  of  thf?se  4CK)  people 
sr  yotif  auditurs  at  the  time  that  these 
lilt  are  thus  found  and  a<1jnd^ed  to  bij 
Oo,  w^rt?  spoken  ?  And  1  siieak  U  for  the 
of  all  eon?entiok'rs»  and  frcipieolers  of 
•fb  mertinj^,  (ts  tht^se  are.  If  yoo,  that  are 
tttpTOfberf .  and  tcaebere,  the  mouths  of  such 
s,  do  utter  treason,  and  so  they 


n;  1684.— /or  High  Treai^n. 

conceal  that  treason,  what  a  condition  are  thejf 
In?  What  are  they  guilty  of  ?  Therefore,! 
)>eople  will  consider,  they  would  do  well 
think,  that  when  they  go  to  such  places,  th 
go  at  a  great  peril  ^  being  to  answer  for  thetii-i 
selves,  ^lieir  lives  and  estates,  upon  the  pru-i 
dence  of  the  expressions,  to  say  no  more,  tba( 
come  from  the  teachei^,  I  only  put  3'ou  m 
mind  of  this,  because  I  would  have  all  standers*) 
by,  and  the  auditory, which  1  sec  is  lery  i^reafJ 
ill  mind,  what  danger  and  risk  tbey  run  in  lliitl 
offending  the  law,  ^^ 

Htn,  My  lorrK  1  do  hcUeve,  that  00  one  iM 
the  world^  besides  these  witnesses,  ihut  heri^ 
were  produced  ag'amst  me,  can  ever  testify  the 
lenst  disi"e&[*ctifiil  woid  spoken  by  me  of  tb 
late  king,  or  of  his  present  majesty* 

L,  C.  X    Well;  when  will  you  be  ready J| 
gerit!emen  ?  * 

Mr.  Palkxfcn.   My  lord,  we  desire  to  hari 
as  much  time  to  prepare  ourselves  as  we  can. 

£,  C  /.  TVo  or  three  days  time  will  servCbJ 

Att*  Gen.   It  Ls  ^t  we  liliould  kttow  wha 
points  they  intend  to  insist  apon,  that  we  1 
prepare  to  arwwer  them. 

JL.  C.  /,  Yes,  \es,  that  must  be,  but  I  1 
ceive  his  main  objection  is,  what  I  tell ;  let  him^ 
be  brouq-ht  hy  rule  hither,  upon  Thursday,  be«H 
cause  the  »:oun  may  have  time  to  consider  of  | 
what  shnll  be  said  on  both  sides. 

Rati.  My  lord, these  gentlemen  are  Strang 
to  me ;     hut    I   dare    rt^ly    upon  them,  tron 
the  character  I  have  heard  of  them,  that  thej 
will  do  tne  all  the  justice  tliat  they  can. 

L.  C,  X  Well,  they  are  assjfjned  of  couns 
for  you.     But  1  eon  Id  not  forbear  giving  tha|^ 
hint  that  I  did,  ibfil  this  might  bea  warmng  t« 
people,  how  they  transgress  the  law  in  gtnsg 
to  such  meetings. 

Die  Mercurii,  26  Novembris,  1684' 

Bex  rcr,  Rosewell.  ^j 

i.  C*  X  3Ir,  Pollcxfen,  hare  you  any  thio 

to  move  i* 

Mr,  Folleifen.  My  lord,  I  have  one  word  to 
move  for  myself,  and  the  others  that  are  ap> 
poiote(l  to  be  of  counsel  for  Mr.  Rosewell.    W«^J 
rJniik  it  our  duty  to  apply  ourselves  to  youiLj 
lordship  for  this  favour  ;  thai,  to  enable  us  tb* 
belter  to  do  our  duly  for  the  person  for  whom 
we  are  assigned,  your  lordship  and  the  cour<r  j 
would  plea^  to  order  that  we  may  have  a  copy' 
of  the  indictment.     We  do  3cknof%ledge,  that 
It  is  not  an  usual  thing  lo  have  copies  griuiieii 
(thought  there  be  no  express  law  that  we  know  ^ 
against  it)  in  capital  matters,  but   where  any  I 
doubt  does  arise  upon  the  petining  the  indict*  ( 
ment,  and  counsel  \s  assigned  to  enable  them  to 
do  what  is  fitting  for  them  to  do  for  their  clienly'  1 
copies  of  the  indictment  have  been  granted ; 
particularly  in  the  case  of  Fitzharris,  in  order 
to  the  plea  that  he  was  to  put  in  ;  and  I  my^ 
self  was  one  of  tb^  counsel  at  that  time. 

i.  C.  X  Mr-  Ptdlevfen,  I  make  00  doubt  irtH 
the  woihl,  it  is  in  the  jpower  of  the  court  to 
order  a  copy  of  the  mdictmeot,  if  tbey  eeo 


96SJ     STATE  TRIALS,  dA  Charles  II.  \6U.^1Vial  of  Jkmai  Roseweir,     [264 


laid  here,  be  so  positively  affirmeil  to  have  been 
spoken  by  th^  pilsner  and  to  relate  to  the  go- 
vernment, asibey  ought  to  be  in  an  indictment 
of  iiiL^li-lreasnii  f 

Ait.Cen,  That  the  indictment  must  make 
(mt ;  and  the  jury  have  found  him  guilty,  ac- 
cordinar  to  the  indictment. 

X.  C.  J.  But  that  is  his  objection,  they  are 
not  so  in  the  indictment. 

Att,  Gen,  My  lord,  they  are  laid  as  the 
witnesses  swore  thcni :  as  your  lordsJiip  can  • 
not  but  remember. 

X.  C.  /.  That  they  are  not  positively  af- 
firmed, but  only  alleilged  under  an  innuendo  ; 
lliat  is,  he  spokisiifhaud  such  v.ords,  whereby 
be  compared  tlic  king  in  Jcioboaiu,  and  the 
like ;  and  we  had  two  wicked  kings  together, 
but  if  we  would  stand  to  our  principles,  we 
should  overcome  our  enemus,  innuendo  the 
king.  The  allcifging  of  the  words  spoken 
in  the  indictniont  is  positive,  if  there  be  suffi- 
cient matter  in  the  words  to  make  them  ap- 
plicable to  the  government,  so  as  to  make  it 
treason.  Rut  it  you  only  say,  he  spoke  them 
inntirndu  so  and  so,  that  fs  not  positive  enough 
to  make  the  indictment  good.  I  lake  it  the 
«»bjcction  runs  tfiat  \¥ky. 

Rm.  My  loni,  I  humbly  thank  your  loi-d- 
ship  for  explaining  my  meaning  :  if  is  so. 

Jr.  C.J,  In  an  acCum  on  the  c.iSk\  if  yon 
say  the  defc-ndant  ?fpaJco  such  and  such  words, 
if  you  «lo  ot  lay  it  that  he  spile  them  of  the 
jdatnlid';  inv\uuni\  The  nlainlifl*,  in  repent- 
ing thi-  voids  uf.i't  ^o.  S)  hfrc,  if  you  had 
bronchi  it  in  the  ii'ilivtnient,  that  having  dis- 
CfHirse  o,  t'.M  ititv  king  and  this  king,  he  had 
sp'^Un  til.  sf:  wiird.s-,  *  ^Vi-  lia^r  now  had  two 
•wicktd  kif  i;s  ^<*'  you  lh«-n  had  hrou;u;ht  it 
hoint  to  liioi :  hut  Vini  do  not  lay  it  that  it  was 
spoken  of  th:>ni  at  all,  hut  only  in*  the  innuendo; 
vhureas  yoiiouf^^h  tosay.firNl,  That  bespoke 
of  the  late  kirg-  and  Uiii  kin:;  ;  and  then  said, 
We  have  hnd  wo  wickw  kin«,'s-  together,  in- 
vuutdvy  t!ie  J.ito  kifii;,  and  fin's  king. 

Att.  (itu.  M\  lord,  I  do  n(»t  know  how  we 
could  have  dom'it  hiiiiT  than  wc  haw  done. 

L.  C.  J,  l/iok  ye,  we  j'iu-  no  opinion  ;  but 
the ohjfrtion  has  w tight  in  it,  upon  my  word. 
As  i  told  you  before,  in  comuK>n  rasi-s'  an  ac- 
ti  »n  of  tlio  case  for  word*?,  or  tlic  like,  yon 
must  lay  a  communication  eonrc nii.iif  the 
plaunirt',  or  ati  ^n1nfzndo^^l\\  not  1k!  a  sufficient 
a^ennent  oi'  its  licinar  s[ioken  ol'  hiui.  fn  an 
action  of  the  (Tse  for  wonK-,  till  witliiu  tlu*»c 
seven  or  light  jxarji,  they  were  obliged  to  lay 
a  Coilwfvit'.m  M  (ht-  plaintiff,  aufl  of  his  irai!*/; 
and  that  to  defame  him,  were  Npokin  of  him 
at  sneh  a  time  such  word*«,  a-?  tdnt  hv  was  a 
rheaiiug  knave;  whew  th."  v. on]  knaio  would 
hear  an  action,  a  bare  innucwU*  \\  uild  not  do, 
that  \\%v*  ttnt  nsOKs^li.  !?ut,  nou*  1  cimfiNs-, 
since  detlamUons  aft  made  a  little  more  con- 
cise, you  need  mAy  ^-ny  **h!t  {\v  qiiUTente,' 
Kueh  aufl  Mich  words' without  a  Coifotptium, 
but  you  mustavtT  it  t'.*  bi»  spoken  of  the  plain- 
tiff. 1  never  thought  it  good  in  such  a  case, 
to  say  of  a  roerchant,  he  is  a  bankrupt  knave 


(innuendo  the  plaintifT),  unless  be  say  he  wgolae 
of  his  trade  and  merchandise.  So  that  the  ob- 
jection does  seem  to  carry  very  much  veigbt 
in  it. 

SoUcitor  General  (Mr.  Finch).  My  lord,  if 
y(mr  lordship  would  give  me  leave,  I  would 
endeavour  to  ansn-er  the  case  as  your  lordship 
lias  put  it ;  for,  my  lord,  no  doubt  in  aU  com- 
mon actiant^  of  llieca-^o  for  words,  it  must  be 
averretl  that  llie  woi*ds  wei-e  spokeu  de  pemonm 
of  the  plaintifl';  hut  the  fu^  part  of  the  indict- 
ment, m  this  case,  shew  tliat  thf^  words  mint 
be  s|M)ken  of  the  jicrson  of  the  king,  z^A  of  tba 
late  kinijr;  fur  it  siiys,  he  did  conspire  the 
fleath  and  destruttion  of  the  king,  and  to  de- 
fNise  him  from  hi^i  government,  and  to  manifest 
that  traitcrouR,  wicked  iutentioti  of  his ;  Em 
inientione  he  did  speak  these  words  ot  tlie  go- 
vernment, *  We  have  had  two  wicked  ki^ 
( ti^ether,'  meaning  this  king  and  tlie  M 
king. 

£.  C  J.  Kf  you  had  said  so,  that  be  spoktf 
these  words  of  the  king,  you  bad  answeraf 
mv  ol»iection ,  bu  the  coaspiracy  of  ll«!  deitV 
of'  the  king  bi-iug  ojily  a  general  form  for 
treason,  will  not  make  good  an  indictnieiif 
of  high  treason  ;  but  you  must  &hew  aooie 
acts  or  w  ordb  to  evince  and  prove  that  that  itJW 
his  intention ;  that  he  did  either  speak  mh 
and  such  words,  or  did  such  and  such  actinfJ 

is  not  a  good  iudiciment  to  prove  that  faHl 
ron^pLrc»  for  he  spoke  such  and  such  words. 
Lilt  Ihmt  to  carry  on  his  conqiii-acy  he  didspeak 
such  and  such  wordb  of  the  government,  that 
must  bi*  pohitivi  Ij  allcdged. 

Sol.  Gf-fi.    Wc  do  sfl  my  lord ;  for  we  taff^ 

*  et  ail  easdf -m  nelandas  proditiones,'  &c.  *  pe- 
-  rimplendcs,*  he  ^poke&uch  atHl  such  wom^ 
We  have  had  two  wicked  kingn  together,  m- 
iiuendo  tliis  king  and  llie  late 

Ij,  i\  J.  You  ha\e  innuendo^ J  it  too  mutk^ 
T  do  doubt ;  for  all  the  facts  are  laid  oudier  HI 
ianucndiX,  without  a  poskiTcaverfnent. 

Atf.  Gni.  My  lord,  1  think  it  is  as  fully  luif 
'as  il  pissilily  could  be. 

L  C.  J.  Come,  :^lr.  Atloraey,  if  in  casei  «f 
coinnKMi  actions  for  words  there  be  ?fuch  strict* 
ncas  rtipiired  ten  timet^  more  ought  lherc?t« 
he  in  an  niljctment  of  treason,  wUerw  a  man^'f 
life,  and  all,  is  sn  much  Cfjacemed.  f  am  not 
siitiAfud.  ]  assure  you,  that  ibis  indictmtiit  ia 
wHt  laid,  though  1  give  no  opinion  ;  but  in  aH 
JMstic4?  w<'  ought  to  asidgu  him  counsel  to  make 
orU  his  ohjrcti.m. 

An.  Oi .!.  All  tiiis,  my  lord,  is  only  in  debj. 

L.  C.  J.    Mr.  Attorney,  '•  Lie  vita  hominoi 

*  nulla  TNt  cunrt'i  io  loug^'  1  think  we  ou^ 
u>  as>iiiin  liinv  cot  n^t  and  the  rest  of  my  mo* 
ilitTN-  are  of  t'.ial  opinion  too. 

Att  Gfii.  Lot  them  read  rotoncl  Sidiwj^ 
Trial,"  and  the  Indictment  there,  and  tbeyV 
find  it  the  sanu-  thing.  * 

L.  C.  J.  I  cani<olt*.n  whether  there  are  aow' 
such  iut.uendos  th(Te,  1  behove  not;  but  a 
know  not  if  tln^e  wei-e,  if  in  case  it  had  [ 

«  Sec  vol.  9,  p.  817,  of  this  Collectiov. 


8S5]  STATE  TRIALS,  36  Charles  II.  1 684.— /or  High  Treat&n. 

iwfcd  in  arrest  of  judgment,  what  the  court 
vould  haf  e  dooe  then.  But  1  think  wc  ought 
10  assign  him  counsel  to  make  out  his  ob- 
jection. 

Sol  Gem.  The  very  fact  that  makes  this 
tnason,  is  his  stirrinp^  up  sedition  and  rehcllion 
vilhin  the  kingdom ;  and  we  say,  to  effect  it, 
Iwbad  these  expi-essions  in  his  pulpit,  we  have 
Bwbad  two  wicketl  kings  togetlior,  meaning 
tUf  king  and  the  late,  who  have  sufici-ed  Po- 
MT  to  come  under  their  noses ;  but,  if  }'0u 
vii stand  to  your  principles,  meaning  the  [ieu- 
ple,  we  shall  orercoroc  our  enemies,  meaning 
the  king  mntl  government. 

L  C.  /.  Ay,  but  you  do  not  say  that  he 
ipeke  thfse  words  of  the  king :  this  you  shoukl 
Hie  nki  at  first,  because  the  speaking  of  these 
vffds  b  the  very  o%'ert-act ;  and  if  he  did  not 
tfak  them  of  the  kiug,  wliich  you  ought  to 
lAm,  hut  only  by  way  of  innuendoj  that  can- 
MC,  we  think, "be  so  good,  nor  sufficient. 

JiBt.  Wiihins.  I  take  it  t!iat  tliese  are  the 
mm  words  tliat  are  to  maintain  this  indict- 
■m  of  treason ;  and  the  question  is.  wliether 
Iky  ought  not  to  have  Ijcen  averred  that  they 
vnt  BMcen  of  the  two  kings  ? 

L,  Cm  J.  We  do  not  give  any  opinion,  3Ir. 
)r,  but  because  tliere  seems  to  be  some 
doubt  and  weight  in  the  iibjcc- 
taifWc  desire  to  have  it  argued,  uud  therefore 
vMian  him  counsel. 

Xml  I  humbly  thank  your  lordship. 

I.CL  J.  We  do  think  it  fit  to  look  mto  it,  be- 
Anevefiooeed  any  farther  in  a  case  where  a 
■■■?■«»  concrrncd. 

Km.  1  pny  God  to  bless  your  loiilsliip. 
L'C.J.  Na\,  you  ha\e  no  nectl  to  thank 
o» ;  iBridesin^  to  do  justii%  to  all  men. 

Xn.  But  1  desire  to  return  my  hearty  thanks 
ii  mr  lordship,  fur  evphining  and  making 
iV  what  my  unttkilfulntrss  in  the  law  wuuM 
■M  fftnoil  inc  to  do.     Gud  be  your  rewarder 

LC.J.  Well,  nho  would  you  have  to  be 
J»ir  counsel .' 

Rm.  If  \f nil- lordship  pliases,  Mr.  Wcillop, 
Mr.  Pollexten,  and  Mr.  Thomas  ISaniptiolil. 

^  £.  C.  J.  \jcX  iheui  be  assigne<l  of  counsel  for 
Mm.     Rut.  Mr.  ftoscwell,  1  think  it  is  nnt  im- 
(ra|i»T  fur  ine,  u|ion  this  occasion,  to  take  no- 
i«  ef  this  that  is  in  my  mind,  relating  to  yo!ir  \ 
lAir,  because  I  uiiserve  it  is  a  matter  Of  great  j 
ilfi«.Ution,  aud  so  uus  at  your  trial,  and  here  i 
»» great  crowd  f:f  people  now;  that  as  this 
itei  ts  found,  if  the  indictment  falls  out  to  be  a 
fMd  iisdit  tmcat,  which  is  the  question  that 
wtm  dt.*fH'n<i>  before  the  court,  so  that  you 
OHM  to  bavf-  iud(rmcnt  of  high- treason  fMissefl 
■1^  you,  and  to  suffer  according  to  that  judg- 
■m.  what  uill  become  of  these  400  people 

%m  we.t  your  auditors  at  the  time  that  these 

Mf^B,  that  are  thus  found  and  adjudi^ed  to  be 

hHWv,  were  <;poken  ?  And  I  speak  it  for  the 

rib  of  all  conventiclers,  and  frcqiient(*rs  of 

~  'l  Bwmigs,  as  these  are.  If  you,  that  are 
«.  and  teachers,  the  mouths  of  such 
Df,  do  utler  treason,  and  so  they 


[S66 

conceal  that  treason,  what  a  condition  are  they 
in?  What  are  they  guilty  of ?  Therefore,  if 
people  will  con>i(lpr,  they  would  do  well  to 
think,  that  when  they  go  to  sucli  places,  they 
go  at  a  great  peril ;  being  to  answer  for  them- 
selves, their  lives  and  estates,  upon  the  pru- 
dence of  the  expressions,  to  say  no  more,  that 
come  from  the  teachers.  I  only  put  you  in 
mind  of  this,  because  I  would  have  all  standers- 
hy,  an<l  the  auditor}',  which  I  see  is  very  great, 
ill  mind,  what  danger  and  risk  they  run  in  thus 
oflendingthe  law. 

Rtn.  ^ly  lord,  I  do  believe,  that  no  one  in 
the  world,  besides  these  witnesses,  that  here 
were  produced  against  mc,  can  ever  testify  the 
least  disrcs[)ectful  word  spoken  by  me  oV  the 
late  king,  or  of  his  present  m«ijesty. 

L.  C.  /.  Well;  when  will  you  be  ready, 
gentlemen  ? 

Mr.  Poticrfen.  My  lord,  we  desire  to  hare 
as  much  time  to  prepare  ourselves  as  we  can. 

L.  C.  J.  Two  or  three  days  titne  will  serve. 

Alt.  Gen.  It  is  fit  we  sliould  know  what 
points  they  intend  to  insist  upon,  that  we  may 
prepare  to  answer  them. 

L.  C.  J.  Yes,  yes,  that  must  be,  but  I  per- 
ceive his  main  objection  is,  what  I  tell;  let  him 
be  brouufht  by  rule  hither,  upon  Thursday,  be- 
cause the  court  may  have  time  to  consider  of 
what  shall  be  said  on  both  sides. 

Ras.  3Ty  loni, these  gcntlcnu-Ti  are  strangers 
to  me :  hut  I  dar^  i\Iv  upon  them,  from 
the  character  I  have  heard  of  them,  that  they 
will  do  me  all  the  justice  that  they  can. 

L.  C.  J.  Well,  they  arc  assi^^ned  of  counsel 
for  you.  Hut  I  could  not  forbc»ar  giving  that 
hint  that  I  diil,  that  this  might  lie  a  warning  t(v 
people,  how  they  transgress  the  law  in  going 
to  such  meetings. 

Die  Mercuiii,  26  Novembris,  1681 

KeX  VCr.  ROSEWEI-L. 

L.  C.  J.  3Ir.  Pollrxfen,  have  you  any  thing 
to  move :' 

>ir.  Fof!f\fcn.  My  lonl,  T  have  one  word  to 
rnovi*  for  niyseir,  and  the  others  that  are  aji- 
••oiiUe-.l  to  ho  of  counsel  for  Mr.  Rosewell.  We 
think  it  onr  duty  to  apply  ourselves  to  your 
io.d.ship  for  this  favour  ;  that,  to  enable  its  the 
i'tttcr  to  do  our  duty  for  the  person  for  whom 
\\c  arc  assigned,  your  lordship  and  the  court 
would  p'easc  to  order  thnt  wc  may  have  a  copy 
of  thr  indicUucnl.  He  do  acknowledge,  that 
it  is  not  an  usual  thin<>-  to  have  copies  granted 
(thought  there  he  iu»  c.xpnss  law  that  we  know 
at^ainst  it)  in  capital  matters,  but  \Uiere  any 
iloubt  does  aiisn  upon  the  penning  the  indict- 
ment, and  counsel  is  assigned  to  enable  them  to 
do  what  is  fitting  for  them  to  do  for  their  client, 
copies  of  the  uidictment  haie  hfcn  granted ;  as 
particularly  in  the  ca>e  of  ritzliarris,  in  onlcr 
to  the  plea  that  he  was  lu  put  in  ;  and  1  my- 
self was  one  of  the  counsel  at  that  time. 

X.  C.  J.  IMr.  l*olle\fen,  1  make  no  doubt  in 
the  world,  it  is  in  the  power  of  the  court  tr* 
order  a  copy  of  the  indictment,  if  they  se€? 


£67j     STATE  TRIALS,  36  Cuaelbs  II.  i6%4^^Tiialof  Tkmim  fUmweli,     [968 

ttaiue ;  but.  if  }'0U  remember  (for  you  were  of 
oouDsd  in  tlwt  cause  too),  it  is  not  to  be  pnoted, 
because  it  is  asked.  For  my  lord  Russell  had 
no  copy  of  the  indictroentp  though  lie  insisted 
rery  much  upon  it:  And  it  was  m  the  case  of 
FitKharris  granted,  that  he  might  particularly 
apply  his  plea  (if  he  had  a  mind  to  it)  to  the 
inuictment  ittM'If. 

Mr.  PoUexfcn.  My  lord,  I  do  not  desire  a 
ropy  of  all  tlie  whole  indictment ;  but  of  so 
much  thereof,  as  may  be  enough  tor  us  to 
know  the  foundation  upon  which  we  are  to  go. 
1  do  remember  wc  were  called  in,  in  my  lord 
RusselFs  case,  upon  the  point  of  challeng^e,  for 
want  of  frecholuers ;  but  that  was  not  in  the 
point  of  the  indictment,  and  there  I  cannot  see 
what  we  had  to  do  with  the  indictment ;  but 
here  we  must  understand  bow  it  is  laid  really 
in  the  indictment,  that  wc  may  apply  our  ar- 
guments to  the  case ;  and  that  1  bene? c  was 
never  denied. 

L,  C.  J.  Look  yc,  if  you  speak  to  me  pri- 
vately, as  to  my  own  particular  opinion,  it  is 
hard  for  me  to  say,  that  there  is  any  express 
resolution  of  the  law  ui  the  matter;  but  the 
practice  has  been  always  to  deny  a  copy  of  the 
indictment.  And,  therefore,  if  you  ask  me  as 
a  judge,  to  have  a  copy  of  the  indictment  deli- 
vered to  you  in  a  case  of  high -treason,  1  must 
answer  you,  Shew  me  any  precedents  where  it 
was  done :  For,  there  are  abundance  of  cases  in 
the  law,  which  seem  hanl  in  themselves ;  but 
the  law  is  so,  because  the  practice  has  been  so, 
and  we  cannot  alter  the  practice  of  the  law 
without  an  act  of  parliament.  I  think  it  is  a 
hard  case,  that  a  roan  should  have  oonnsel  to 
defend  himself  for  a  two-penny -trespass,  and 
his  witnesses  examined  upon  oath ;  but  if  he 
steal,  commit  murder  or  fblony,  nay,  high-txca- 

son,  where  liie,  estate,  honour,  and  all  are  con- 

ccrneil,  he  shall  neither  have  counsel,  nor  his 

witnesses  examined  upon  oath :  But  yet  you 

know  as  well  as  I,  that  the  practice  of  the  law 

is  so ;  and  the  pnietice  is  the  law. 

Mr.  PolUxt'en.  My  loixl,  we  heard  the  other 

day  the  indictment*  read,  and  so  may  have 

some  little  account  of  the  indictment ;  hut  we 

desir<>  such  a  copy  as  may  enahic  us  to  ar^^ue 

aswRoujrhtto  do,  and  as  the  C4)urt  will  e\|H.'Ct 

from  us,  U'liig  as>i{^niMl  by  the  court. 

Mr.  Wallop,    My  lord,*  if  we  Khould  offer 

any  thiiig  tliut  is  iii>t  in  the  indictment,  it  is  all 

one  as  ii'  we  heltl  (uir  rui)<i|riies  ;  and  if  we  have 

only  a  lo<*.se  account  ui'  the  indictment,   that 

may  be  as  bad  as  if  we  had  a  false  one  :  and 

therefore  wc  desire,  to  the  end  that  we  argue 

ad  idem,  that  your  lurdship  witli  please  to  fa\our 

us,  that  wc  may  have  a  copy  of  so  much  oi' 

liie  indictment,  as  upon  which  our  objections 

may  be  grounded. 

L.  C.  J.  Mr.  Pollexfen,  you  may  remember 

a  particular  case,  I  have  forgot  tiic  name,  but  I 

belief  e  you  may  remember  it ;  where  a  prisoner 

at  this  bar  desired  to.  hare  the  indictment  de- 

Lvensd  to  him  to  read,  hut  it  was  denied  him. 

It  is  hard,  I  confess,  and  so  are  many  other 

thipgv  in  the  law  j  but  1  am  wonderfully 


tender  of  making  precedents:  tad  thereforp,  ii' 
it  has  not  been  practised,  I  do  not  see  how  we 
can  dp  it. 

Just.  Withins,  That  is  the  usual  practice, 
my  lord ;  but  it  is  m  the  power  of  the  court 
sure  to  grant  a  copy ;  or,  at  least,  of  so  much 
as  is  necessary  tor  them  to  apply  themieivfi 
to.  There  have  been  many  cases  of  rourdcni 
where  they  have  had  copies  of  the  indictment 
in  order  to  move  in  arrest  of  judgment,  at  this 
case  is. 

Just.  WaUoi.  But  have  there  been  aDjio 
high  treason  i* 

Just.  Withins.  1  do  not  take  it  that  then  p 
any  difference  between  the  one  case  aod  tb 
other,  they  bein^  both  capital  crimes;  aiii 
counsel  being  assigned,  they  must  know  wlMt 
they  are  to  speak  to. 

t.  C.  J.  1  would  know  when  ever  a  com 
was  granted  to  enable  the  (wrty  to  more  iQ 
arrest  of  judgment. 

Just.  Withins,  My  lord,  when  there  if  A 
motion  in  arrest  of  judgment,  and  counsd  pi- 
signcil,  that  is  a  thing  the^  ou^t  to  bMNfi 
how  to  demean  them^vesm  their  ai^gunoMpilk 

3Ir.  PoUexfen.  My  lord,  we  sumnit  ft  # 
you.  We  desire  the  favour  that  we  may  Ac- 
quit ourselves  as  we  ought  to  do,  ami  ap  thi 
court  (we  know)  expects  from  us. 

JL.  C.  J.  As  iar  forth  as  I  could  do,  hmg  in 
the  case  of  life,  1  would  indulge  you  :  m  I 
tell  you,  I  am  lotli  to  be  the  author  of  praee- 
dents  in  cases  of  this  nature,  one  way  or  odi^ ; 
especially  in  this  case,  where  I  know  VM 
cannot  but  understand,  by  what  was  firnf 
here  the  other  day,  what  tiie  objectioii  is,  tad 
where  the  stress  of  it  lies:  every  mao  aldw 
bar  must  needs  understand  it. 

Mr.  TolUrfcn.  My  lord,  we  know  peflpio 
have  various  understandings ;  and  the  caie  ii 
many  times  variously  stated,  not  only  in  ow 
minds,  but  in  our  books. 

X.  C.  /.  Well,  we  know  you  nndentanl 
yourselves  well  enough :  and  what  w«  oouii 
grant,  we  would. 

Just.  Withim.  It  may  be  Mr.  PollesAtf 
does  it  only  to  make  way  for  an  excuse,  wk« 
he  comes  to  argue,  that  he  is  not  so  well  pv^ 
narcd  as  he  should  have  been  ;  but  we  knsjf 
liim  well  enough. 

3lr.  Pollcjrftn,  But,  my  lord,  if  we  miiBlkp 
words  of  tiic  iudictinent,we  hope  your  lordplap 
will  not  tliink  us  im(icrtinciit,  in  having  uadk 
this  motion,  which  is  lor  ourselves,  not  for  oiv 
client :  and  therefore,  wc  hope  \ou  will  pardai 
us,  if  in  ease  we  mistake ;  which  we  ooali 
have  had  no  colour  to  have  desired,  if  what  mf 
had  to  sav,  wore  guided  by  a  true  oopysf 
the  reconf. 

No  co[)y  was  granted,  nor  rule  made.  * 

*  h\  Stat.  7  Ann.  c.  SI,  s.  11,  it  was  c»» 
acted.  That  alter  the  decease  of  the  person  wipf 
pretended  to  be  Prince  of  Wales  durmg  the  flk 
of  thehte  king  James,  and  since  pretends  i| 
be  kmg  of  Great  Britain,  and  at  the  end  oTAi 
term  of  three  years  after  the  in 


IJ  STATE  TRiAtS,  36  Charles  \h  1684.— >r  High  TreMsm. 


[270 


DoiitMts  Rrst  vtr.  Rosewell. 

KibvMr  ni>^i  tvrll  was  liff)a«rht  totbe 
I  cotitisel  assigned 

AUop.  Msky  It  please  vo«r  lordship^  I 

n*e\  for  Mr.  Roiiewelh  by  yoor  lord- 

{ippfHiiUtieiil,  be  being  here  a  prtsoner 

II  ihc  demise  of  her 
ir«*ct,  aslhesaineis 
i  gUiMi>>  ittiiLtca,  xc  A^hcQ  any  person  is 
iodktiFd  for  hi^li  trtusvMi  or  misprbioo  of 
UWOii,   a  liii  iA'xha  ^Uoesses  that  shall  be 

aeoid  on  the  trial  for  proviDtJp  the  said  in- 
■ml,  and  of  the  jury,  Qietuioning'  tb« 
DiaMm,  profanton  and  [» I  ace  of  abode  of  the 
Hilirftiiefii^  >uid  luioi^,  be  also  ^iven  at  the 
i%\i  >y  of  the  iudictment  is 

I  Ik:    r  nidicted,  aod  that  copies 

^ictitietiiA  i\}v  the  offeuces  aforesaid, 
I  llMl,  shall  be  delivered  to  the  party 
I  ten  days  before  the  trials  and  in  pre  ■ 
I  of  two  Of  more  crtdible  witnesses,  any 
iitrary  notwithstoiidinpf. 
t.  7  Ann.  c*  21,  extended 
"■IBpri^iiegc^  i^nich  had  be«n  g^ranted  by 
ML  7  W.  3,  «.  3,  and  was  first  a^^ted  upon 
Gordon's  Case,  a.d.   i7Bt»  io 


pomnioti'luw  no  prisoner  in  e&pilat 
ft^%  iniitlt'd  to  a  eopy  of  the  indictment 
B\  V  of  the  proceed  in  ens  against 

|1  »t>6«  it  is  true,  hiive  upon  their 

tet!  on  a  copy  of  the  whole 
rtMi  \  Itmh  been  ct>ii«tantly  denied , 

'  It  «1»  4ktii«!4l  iu  Ihe  case  of  lord  PtPston  and 
(be  fivo  other  i^entlcnien  indicted  with  him,  by 
^"^    ^  littiouB  opinion  of  the  judi;es  present, 
'ared  tliat  it  never  hail  b«^n  jtrratitetl, 
\  ttm^tnt\y  demanded.     And  Itn^l  Pres- 
•aid  that  it  was  grtinted  to  lord 
,1.  f.^A  i.v„  iu„t  heaod«*)me  others 
if  lb*  I  .  ere  of  counsel  for 

tl||tlo(l^  .—  .>'L  «.,...  i.iiu  to  denmud  it; 
'  FoA,  sailh  he,  we  knew  he  could  not  have  it 
*hy  law.'  Lord  Predion*  not  ^mtisfied  with 
flui  iii«wer|  prayed  that  coun^l  mi^^ht  he  as> 
hitit  to  arjnir  tlmt  point;  which  the 
aitimoiislv  -i  bebg",  iheynid^  > 

i  Ihat  woi  I  i  i  a  debate/ 

p«tatute  of  4(3  K.  I>,  which  had  been 
imtlfj  insSated  upon  by  prisoners  in  the  like 
tm^  was  mxnth  pressed  m  this.  It  is  not  in 
{te  inKmi?  th«<  Httlutes,  but  an  attested  copy 
ftn  fhe  roll  woM  tetkA  at  the  nrisoner's  remieal, 
Ihl  if  firinted  in  the  triaK  it  plainly  reialeth 
in  such  records  in  whi^V  '''^^  -nhject  may  be 
intiltted,  as  ^  truittv't  -  '^  upon  tmes- 

* fiao»  of  pf irate nghi:'  .../.  ..    .i^ctetli,  *ThBl 
'  dl  ytnam  shall  for  the  future  have  free  ac- 

*  Qte  to  fliem,  and  mav  huve  exempUficationa 

*  •f  tliicm  w  hethf  ■ '  c  for  or  aeai nst  the 
*teBj.'    Tbit  Hn              -lion  of  the  whole 


now  at  ihe  bar.  jMy  lord,  I  am  informed  (for 
1  have  not  seen  the  proceedings  itor  heard'! 
the  indictoient  read),  that  it  is  an  indidmeiil?] 
fbr  treaBOnable  worda ;  and  many  treason 
words  ;  and  likewise,  as  1  take  it  by  iaforma* 
tion,  these  words  are  aopfiad  by  divers  innu»L 
t^fiiioi  ;  9o  that,  for  augrht  I  can  apprehend  bjrtl 
what  1  am  informed  (which  I  must  still  keen! 
to)  it  is  so  uncertain  I  insensible,  involved^  and  ] 
intricatei  tliat  no  safe  judjrment,  as  I  humbl j  J 
coDceife«  canlt  'U  it,  € 

My  lord ,  to  c  I '  -  iMvords ;  first,  if  ynuii 

please^  I  shall  Ftaie  lucm  as  disciiarged  ofthe  , 
innuendos^  and  put  them  to  your  lordship  / 
barely  and  nakedlyi  as  ihey  are'in  the  indict*  i 
mcnt^  and  as  they  were  sworn,  and  are  to  boil 
aup^MVsed  by  the  conviction  to  have  been  spoken*  | 
The  words  are  these,  as  they  stand  dlseuargtil'l 
of  their  inuuen^ojr :  that  ^  the  people  make  ft^ 

*  fiocking"  to  tlie  king",  onder  the  pretence  €M 
*-  httalin^  the  kiog^'s  evil,  which  he  could  naft^\ 
^  do  ;  but  we  are  they  to  whom  they  oug*!!!  1 

*  flock,  because  we  are  priests  and  propi 
'  that  by  our  prayers  can  heal  the  dolors 
*■  g^riefsof  the  peuple.     We  have  had  now 
Mnckod   kings  together,    who  bave  sufiere^l 

*  Popery  to  enter  under  their  noses  ;  who  cmtl 
»  be  H'         >  >     no  Qiher  person  bat  the 

*  wir'  I  inm  :  and  if  they  would  i 

*  to  tlni.    t"'^"  'I'lt'Sj  be  did  not*feur  but  tltejrl 

*  should  overcome  their  enemies,  as  in  former  f 

*  limes,  with  ituns-horus,  broken  platters,  an 
'  a  stone  in  A8ling.^ 

These,  my  k»rd,  are  the  words  nakedly  ia  j 
themi»elves  ;  and  tliese  are  said  to  be  spoken  ia^ 
a  public  assembly,  where  (hey  were  likely  f»l 
do  hurt  to  the  government,  Thua,  I  say,  they i 
stand  without  nnv  of  the  innutndos,  Now,^ 
though  your  toi'jship  will  have,  and  justly  i 
ought  to  have,  a  good  account  given  you  of^ 

**  In  the  caae  of  Chamock,  King,  and  Keys,^ 
whose  trial*  came  on  after  the  passing  this  act^ 
and  about  a  fortnight  l^i'ure  it  took  pla<v,  they  { 
were  denied  a  copy  of  their  indictment  |  - 
though  they  argiietl  with  a  sjTeot  deal  of  pla 
sibility,  that  they  were  within  Ihe  reason 
e^juitv  of  the  act  at  that  time,  an  much  asl 
would  have  been  if  their  trials  had  been  I 
on  a  tbrtnight  later. 

'Mn  these  cases,  and  tn  the  case  of  tlie  as«  * 
saaaines,  whose  trials  come  on  lieforc  the  com* 
roenceftient  of  the  act,  the  prtsoners,  as  soon 
as  they  had  pleaded,  liail  copies  of  the  ^ 
delivered  to  uiem ;  and  their  trials  were'  [ 
poned,  that  they  mi^rht  be  better  enabled  to 
conduct  themselves  with  regsni  to  their  chal* 
teages.      But  this  the  court  declared  to  be 
■Mtier  of  favour,  and  not  of  right:  and  coun 
and  solicitors  were  permitted  to  attend  themim  ( 
prison  previous  to  their  trials.     This  likewist.^ 
was  an  indulgence,  w^hiehtbey  could  uotckim  < 
of  strict  right,  and  which  in  bad  tiuios  hatli  i 
been  genendly  denieil,'*    Fost.  Cr,  Law»  i»£8,  ^ 
«99.  [ 

tl^,  ttio,  pp«  1 , 3, 930  of  the  eMIt  bvok,  Mi  J 
East's  PL  Cr.  oh.  «.  a.  48^^!.  d^ 


ri]     STATE  TRIALS.  36  Ctt ARtES  II  l6S4^^Trial  of  7Uma$  Rcatutif.      [S 


I  vvortU  m  these,  how   lUey  canie  to  he 
n,  even  uking-  tbem   as  ttiey  stuml  tlis* 
linrgiHl  of  ihe  vmuendot;  yet  1  buniUly  con- 
Pivet  vriili  subtntssion^  th«^  tlo   not  contaiti 
ny  iaieftiion   of  (lepcK»tDg^  or'  ^  the 

insff  aiu)  so  can  bateiui  trc^si>>  mIiou 

|ti  tucin  :  ami  then  \yur  lordship*  i  >-in>|)«&c, 
FiH  likewise  exjK'Ctto  l»a%'e  a  gfO<id  at'tHnint  of 
tliese  wori|}j,  in  another  respect^  how  ^oids^ 
which  la  the  hearing  of  ihera  bare!y  ami 
ily  sjiokeiYi  could  nol  carn^  a  irpuMkrinhle 
loti  ;  I  say,  how  it  cou\e%  to  pnss  ihai  in 
irititiK'  ot**  them  down  in  ati  itidictraent, 
bey  bctfiiiic  high- treason. 
My  l*jr  l\    tliest'   wui<N.  us  llirv   stand  dis- 

,  extmva- 
1  It  r  towards 

»tiren^y.  ihuu  treason,  N»  that  a*  ihcy  stand 
f^itboul  further  e,\[»laiialioti  by  au  tnmtet/fin^ 
lii^y  are  fierfectly  iiiseniiible^  and  one  cannot 
tl\  M  bat  they  refer  to,  or  whom  ;  and  if  th^ 
Ofdx,  Ej  vi  lermini^  wilbout  further  avcr- 
uetit,  cHjutain  no  treasonable  intention  and 
fti  '  1  I  ntly  have  no  treason  ; 

and  bard  to   main- 
,  ^ji'i  xj,  I  in-  ,ioiiijMy  in  nhichlhey 
irere  spoken,  bein^'  m»t  into  l^tin  in  an  indici- 
«iit,  they  liihoiiUl  OL^otne  tjf''»^riu     ili.  y  not 
Nig  trt'&kon  at  Hotbcrbith»  yy '  \vei^ 

olcen:  bow  t bey  sboubt  bi>  tr  «im  at 

lingatoni  or  bere,  where  thk-y  aie  dressied  n[» 
a  anotlier  form*  Indeed,  t  know  no  way  that 
I  can  be  doB<».  but  by  abiding:  some  other  worris, 
some  other  bamT  And,  my  bird,  I  snjnK*»*c 
_  was  ko  done  by  lho!»e  who  framed  this  in- 
ij<.ifnei!t  that  is  Before  your  lordship*  by  iu- 
ting"  and  adding  tbts  uiuttitndc  of  ittnvendM. 
But  I  Bup(io«e,  Uien,  they  that  would  insert 
I  trtnucndoi  must  bate  a  ^ood  warrant  to 
I  til  era:  iov  if  lliey  are  mserte«l  wiiboui 
nnt  m  law,  then  it  must  be  acknow  ledgfed 
uie  ))i;tt  the  indict  metit  is  not  |food  ;  ami  f 
llitmblv  conceire  it  tu  be  a  rule  in  law^  tbattto 
nnuetttio  can  wammtably  be  inserted  in  an 
Indictmatit,  intbrmation^  or  deckration,  u\n>u 
action  of  the  case  for  words,  unless  the 
leleiidaiit  fn^  him^ielf  be  averred,  and  that 
ectty,  to  bave  mentioned  a  pertiornn  certain, 
I  wboiti  those  wonls  may  be  rvterred ;  aad  it 
i  uoi  slide  in  by  supposition,  but  it  must 
'  in  tbe  body  of  the  Uiiicour!ye  of  the  dc 
ndant.  And  tbe  rttason  i^  evident  in  all  eases 
r  slander*  anil  particularly  in  these  of  tria- 
ble uordti ;  for  how  could  Uie  hcnrer  under- 
I  whofn  the  preacher  meant*  or  be  tiiat 
neonrsed  so  and  so,  and  so  be  itiHuenced  to 
ebellion*  uuleaa  he  had  nametl  the  perAon  of 
I  be  spoke,  as  here,  unless  the  fletendant 
■med  tbe  kinqf*  to  wbotn  tbe  wordii  lie 
b  should  be  referred? 
My  lord,  tbe  treason  of  the  words  is  in 
It trring  up  sedition  and  rebel li on  ;  and  if  then 
the  words  cannot  tenuinate  upon  tlie  king, 
and  tlie  hearers  roul*!  not  collect  that  to  be  tbe 
intention  of  the  flneakcr*  these  wordi»  couiil  not 
Inilueficf  a  people  to  rebeUiou  und  seiiition. 
And  acGordipg  to  Ibis  rule,  I  conceive  tliat  most 


of  the  ififiucndm   in  this  iQcbctuictil  ue  ] 
warrantable. 

For,  my  lord*  as  to  ihe  first  w^ 
Ibem  in  order,  tboui^h  I  take  ir,  ttr 
moat  reuiote  mutter  from  thi 
yet  lot  us  strike  otf  \hv^^  in- 
ahm^*  if  we  can,     T 
iSic,  Ibe  piK>p!c(ni' 
lord  the  !  ' 

cure  tbr 

Here  Iht  in^,    ,,f: 
in  J?  the  suhj«*cts  of  ( 
hud  never  1 
but  tbe 
tbe  Moril  :, 
my  lonl,  i»  als 
cndo  ;  and  ii 


rh,  with 
1  of  a  naughtji 
warnnt  of 


etidcaTourmg  to  give  an  orig-inal  certainty 
umfrtaio  words  ;  which  is  more  than  ibe  oS 
ot^  an  innucrtth  will  allow  or  warrant.     I  i 
my  lord,  it  always  heara  a  bad  face,  irb 
woi"  lear  with  ani/tnii(/)</o  ;  and  f 

no  vnn  in  the  brcifuunfif  ^^f 

but  ■  ' 

to  I 

Orih.'.    i'.'i    i>  iiji.il   li  unniii-iw  in-  ll^rM  in  tii 

Populus  iiuiy  intend  any  people,  it  may  tat 
the  Fiench  i>e*"il*^  *^"' VJng  to  the  Fr 
(and  he  does  I  i^'s  evil  in  Ih 

nmnner  :  na>,  i  to  it*  as  a  sole 

him*  \ns  predecessors^  and  successpra  ] 
only  put  that  for  an  instance)  j  and 
innutndott  if  you  observe  tbem,  anc  «(f  ' 
nature,  Tbe  words  first  appear  without . 
light  but  what  these  ^upiKwitions  givf 
and  therefore,  I  say,  they  ai  c  to  be  raj^ 

Fiut  now,  my  lord,  1  come  to  thai  \ 
more  paiitcular*  ^  Nos  babuimua  nu 
*int:        '•  imul;'    *  We  (me 

suli  -)  •  hare  had  two  i 

kiuj^.  V  ^  Cbarlfcitbe  Fir 

tbia  kiau  TSow  that  we  say  is  s 

If  ether  V I  jewas  no  i^n^MiSm^ 

feingfs,  TV  or  i^oci 

bad,  befnj  ■scours*:,  f 

in^  to  the  olli  ce  o  t  a  n   j 
are  lo  be  appliad.    My  hi  i 

foL  U*  B.  liaitbis  case. 

John  Jeames  brings  his  action  against  A5c 
under    Uutlech*   tor   speaking   iU* 
words  concerning  bim  to  oneJoL 
*^  Uau|;  limi    (pr&edictum  J<k 
innuendo)  he  is  full   of  the  ; 
the  French  pocks)  I  marvel  ^ 
dictum  Johunncm  IlAnner  in}i  \% 

drink  with  him  (prv*-'"  "  m.  i. 
inniHtido)  1  will  pi' 
pocks  {innuendo  the   :  ,    .    i  ,      . 
motion  in  an  e^t  of  judgment^  it  was   ref»p|« 
by  tJie  court,  that  jn  every  action  of  thu 
for  sbmder,  two  tbingh  are  re^juisite.     Piij 
that  llie  {lenson  vvbo  is  scandalised  be 
S!iecondly*  That  the  wortls  spoken  be  app 
slduder.     Tbe  ufilce  of  an  tnnueuJo  ts  to- 
sig^o  the  same  person  that  has  lieen  nan 
fore  :    And  is  iii  eflect,   instead  of 
But  it  camiot  make  the  person  certatti^ 
4 


its] 


I  before.  In  the  present  case,  it 
m  enient  that  the  pluntiflf  did  speak  tbe 
earliof  the  defendant.  But  at  to  the  secood 
iaf,  it  did  DOC  appear  that  the  words  spoken 
ii  mean  the  French  poeks ;  and  words  are  to 
heti^Hi  in  muiiori 


•Mich.  41.  &  49  It!gin«  £yz.  en  bank  le 
Rtv,  entre  John  Jeames  pi.  &  Alex.  Rut- 

Le  jininiitRi  ooniit  que  le  defendant,  ct  un 


STATE  TRIALS,  36  Charles  II.  i684^^  High  Treaaw.  [274 

And  I  humUy  conceive  this  book  is  a  most 
pregnant  authority,  that  states  the  matter 
truly,  with  a  judgment  of  law,  and  the  reason 
of  it;  and  all  the  books  that  come  after  this, 
borrow  their  light  from  what  is  laid  down  as 
the  rule  of  law  is  in  this  case ;  as  there  are  an 
infinite  number  of  them,  which  I  shall  not 
trouble  your  lordship  with  particnhuising ; 
only  just  to  name  some  of  them.  6  Co.  SO 
Hob.  45.  and  2  Cro.  136.  wherein  they  say, 
that  althoueb  the  plointifl'be  particularly  named 
by  a  special  name;  yet  if  the  declaration  ooaoea 
to  name  him  in  an  action  of  the  case  for  wordSf 
at  the  first  appearance  with  an  tnntiejic/o,  then 
tlwt  innuendo  is  void ;  thougii  his  name  be  ex- 
pressl)r  alledged  in  the  very  words,  yet  they 
will  reject  that  innuendoy?^  not  doing  the  pro- 
per office  of  an  innuendo  ;  and  that  judgment 
shall  be  arrested,  though  the  jury  found  that 
the  puty  spoke  such  words ;  And  this  is  upon 
the  rule  in  4  Co.  before- mentioned. 

Now,  mv  lord,  to  Apply  this  rule  in  the  4th 
report,  to  the  case  before  your  lordship,  we  say 
there  was  no  mention  at  all  before  ot  any  two 
kings ;  nay,  not  of  any  king,  in  his  discourse, 
to  which  the  innuendo  should  refer ;  and  the 
innuendo  being  joined  to  tlie  wonis  first  spoken, 
without  any  discourse  laid  concerning  such  a 
person,  or  averment  to  be  spoken  of  such  au 
one  before,  the  innuendo  cannot  give  any  cer* 
tainty  to  that,  which  had  no  such  original  cer- 
tainty ;  that  bein^  against  the  otfice  of  an  t/i- 
nucndOf  and  so  is  to  he  ivjcctcd.  And  the 
meaniDg  of  the  books,  aud  of  that  great  rule, 
which  1  first  cited,  is  this,  that  the  defendant 
must  himself,  in  his  discourse,  first  set  up  such 
a  light  about  tlie  words  of  the  person  concern- 
ing whom  they  are  spoken,  that  the  intention 
of  the  speaker  may  with  case  be  collected; 
then  comes  the  innuendo  with  a  beck  or  a  nod^ 
as  it  wei-e ;  and  that  coUecrtion  is  to  be  the  nulus, 
to  shew  who  was  meant ;  but  it  is  not  sufficient 
to  give  an  original  certainty,  where  such  a  oer* 
tainty  is  not  fixed  before  the  innuendo  comes. 
The  defendant  himKelf  must  set  up  such  a 
light  as  will  carry  the  intention  to  the  end  of 
the  discoui-se. 

Then  it  is  said.  Duos  iniquos  Rega,  in  the 
])liiral  number  ;  meaning  the  lute  king  Charles 
and  lii*$  present  majesty ;  now  king  Cnarlea  the 
first  WBi^i  never  pretended  to  be  mentioned  be- 
fore ;  why  then,  according  to  that  rule,  as  to 
liiiu  the  in/iutnJo  signifies  nothing  at  all ;  and 
then  it  must  be  taken  in  eoumiun  undcrstanil- 
ing,  *  We  have  now  liatl  two  w  iekeil  kingys  to- 
ifi'tber,'  innuendo^  <»ur  s(»vereiijn  loid  the  king 
that  now  is,  agiiinst  whom  the  trc  :im>!i  must  he 
sail!  to  be  connnitttrd  :  btit  tliis  i*;  mmv  harsh, 
and  inst-nsible,  autl  iiii)H>ssihle ;  ii  is  irjish,  in 


vw.  wiMHK^  *Z*°^  eonierenoe  de  le  plaintiffe , 
U  drfwdinl  .dii.  plaintifie  al  dit  John  Bonner 
*  huig  him*  (pnadictum  Johan- 
iDDnendo) '  he  is  full  of  the  pocks' 
the  French  pocks)  *  I  manraile  that 
i^mf  (pnedictum  Johannem  Bonner  innuendo) 
■i0ea&'  [Bl  *  or  drink  with  him'  (praedictum 
MMneni  Jleenaes  innueodo),  I  will  prove 
to  he  ii  full  of  the  pocks  (innuendo  the 
fflMKhpodss).  Le  defendant  plead  non  cul- 
|tfr,  ct  fait  troTe.pur  le  plaintifie,  et damages 
■Hw:  Et  luit  move  en  arrest  de  judgment 

eki  ditB  perob  oe  fueronc  actionable.  Kt 
lHBlfe<|iieenGhescun  action  sur  le  case 
ClMdcnma  perob,  deux  choees  sontreqni- 
1.  One  le  penon  qui  est  scandalize  soit 
Mmu  t.  Que  le  scandal  soit  apparent  per 
In  fili  mennes.  Et  pur  oeo  si  un  dit 
D  precedent  communication,  que 
eiits  de  J.  S.  (il  ayant  divers)  est 
Fekm  on  IVaitor,  &e.  icy  pur  le 
nnul  action  ^t;  et  un 
■e  poit  iaire  ceo  certain :  Issuit  si 
iment :  >  1  know  one  near  about 
e  nolorions  thief,'  ou  tiels  sem- 
i  qoent  le  person  est  un  soit  nosme 
.  come  si  d^x  parlant  ensemble  dc 
JlClWdit.  «  He  is  a  notorious  thief:'  La 
JlftiB  wm  ooant  poit  monstre  que  la  fuit  par- 
Jmi  ie  ley  entre  les  deux,  etque  ]*un  lUt  de 
*iy:  *  He*  (innuendo  pratedictum  1.  8.)  '  is  a 
^MainB  thief.*  Car  le  office  de  un  innuendo, 
ete^eHteincr  et  designer  mesme  le  person 

S'bI  Boame  en  certain  devant :  et  en  effect 
eafieu  de  un  (pnedict')  mes  un  (innuendo) 
SipiiCftire  person  certain  que  fuit  incertain 
ilMt:    Car  aerrk  inconvenient  que  actions 
^  Jpim  — intnine  per  imagination  d'un  entent 
[•KpRi^A^appicrt  per  les  parols  sur  que  Taction 
,  mce  est  tout  incertain  et  subject  al 
ooniecture:    Mes  si  un  dit  aJ.  S. 
art  a  Traitor,'  fire,  la  '  constat  de  Per- 
et  action  gist :  Issint  icy  en  le  case  al 
leant  le  defendant  et  Bonner  ad  par- 
4m  pi'  donques  quant  le  defendant  dit 
him :'    La  (innuendo)    voyle   denote 
lepertOQ  nosme  devuunt :  Mes  si  le  de- 
■uins  ascan  parbnce  del  plaintiffe  ad 
*  knag  him,'  &c.  la  nul  innuemlo  vo\  le 
fieile  person  certain.  Quant  al  'i.  si  coine 
^^mim)  ne  poit  faire  le  person  certain  que 
mMaia  oevant,  issint  un  (innuendo)  ne 
kvkeiatlcr  on  sence  des  psmds  inesines : 
•nt  le  defendant  en  le  case  a  I 
intiiie ;    « That  he  was  full  of 
~e  the  French  |iocks) 


m  9m  qoant 

.Ad  ilainti 

PMkiJCmii 


cest  *  iniuientlo,'  ne  fliit  son  prnp-.c  ofiice,  car 
ci'«)  eonieude  a  exleiulcr  a  les  iri^ncrul  puruls, 
'  rhe  poeks,'  ale  *  French  iMieks,'  |ter  imagi- 
nation d*ini  I'litfiit  ijiie  nc'st  apiuirent  per 
aseun  precedent  paioU,  a  que  Ic  '  iumieudo'  re 
ferrer;  Lt  les  parols  me;iiucs  secra  prise  Mn 
*  mitiori  sensu.' 
T 


975 J     STATE  TRIALS,  36  Charles  II.  i6si.~TMl  o/Thomat  RMtwell, 


a]|  respects,  both  of  grammar,  and  reason,  and 
law  ;  It  is  insensible,  because  it  is  im|io6Stble ; 
and  it  is  impossible  because  you  must  else 
make  two  kin^  to  be  one,  or  one  kiii^  to  be 
two,  and  tbc  innuendo  must  serve  both  ways  ; 
which,  I  believe,  your  lordsbip  will  hardly  un- 
dertake to  do. 

And  besides,  my  lord,  there  is  another  incon- 
sistency in  these  words,  *  knbuimus  nunCy^ 
that's  contradictory ;  hubuimus  refei-s  to  the 
time  past,  and  draw^  one  way ;  nunc  to  the 
time  present,  and  draws  another  way:  and 
when  there  are  such  inconsistencies  anil  inco- 
herences, how  can  any  man  make  a  judopiuent 
in  this  case,  where  the  lite  of  a  man  e8[iecially 
u  concerned? 

But,  my  lonl,  if  huhnimus  he  tliat  which  he- 
ingf  first  shall  take  pUce,  then  these  words 
reTer  to  any  two  kings  thnt  wc  have  h?.d,  under 
whom  Poper}'  hath  been  let  in  ;  and  so  we  must 
run  back  i'rom  Ilarrv  the  8th,  up  to  the  con- 
quest, nay,  Iteycmd  the  conquest,  tn»the  Saxons 
and  other  former  kings,  to  the  first  that  estah- 
lishcil  the  Christian  relipon,  which  was  then 
aubjec^t  to  the  Papacy.  And  it  will  he  hard  to 
construe  them  wicked  kings  for  m  doing  at 
that  time;  as  any  man's  reading,  thai  knows 
any  thine  of  tlie^  history  of  Kngland,  will  ea- 
sily tell  Tiim.  So  that' it  is  unintcnigible  and 
insensible,  e\'cn  that  way ;  and,  to  be  sure,  if  it 
be  80,  that  we  luive  had  two  wicked  kings  toge- 
ther, refoning  so  far  back,  it  cannot  at  all  con  • 
cem  the  present  king. 

My  lord,  I  shall  be  short:  I  only  stale  these 
things  beinre  yoii,  and  ivcoinniviid  them  to 
your  lordship's  fousi<lcna1i"ii.  Theu  vume 
these  words,  which  ii  seems  nrc  most  i-elicd 
uiwn.  ♦  If  they  would  stan«l  to  their  prinriplcs, 

*  he  did  not  ♦piestion,  but  thoy  should  be  aide 

*  Inimicos  suos  vinren-,'  hmnvniio  the  kin;:  :ind 
the  government.  Tliis  is  iho  niosl  insf  nsibl.*. 
as  I  apprehend,  of  all ;  and  it  is  iti  th;*  fatal!* ".; 
part,  it  being  there  that  the  trcai»on  must  li>-, 
if  there  be  any.  Now,  my  lonl,  \\q  tivst  s»a^ , 
there  is  no  mention  at  all  of  any  enemies 
throughout  all  the  words  pretcdt-Kl ;  there  is 
DO  averment  that  the  king  was  enemy  to  any 


My  lord,  I  ^hall  cite  no  books  more 
have  done.  I  humbly' conceive,  that  ] 
that  great  rule  in  the  book  1  first  men 
and  the  reason  of  the  thing  together,  > 
subsequent  authorities  that  I  have  citec 
they  stand  so  fair  antl  clear  to  avoid  this 
ment,  that  to  tiouble  yoiur  lordship  i 
were  to  embroil  the  case ;  therefore 
say  no  more  out  (vf  tlic  books.  Rut  t 
is  a  firm,  rrasonablc,  undeniable  nde, 
must  rule  all  cast's  that  come  under  tl 
son  of  it.  .4nd  I  never  heard  tliat  bo 
ever  contradicted ;  but  all  subsequent 
ments  were  agreeable  thereunto. 

Just.  Withim.  U'liat  folio  is  it,  Mr.  \ 
in  the  4th  Rep.  ? 

Mr.  Wallop,    Folio  17.  B. 

Just.  Hollozcaif.  It  is 's  Case,  h 

Mr.  Wal/op.  Yes,  Sir.  My  k)rd, 
stripped  the  words  of  the  innncndos. 
will  not,  I  am  sure,  put,  nor  can  an  in 
put  such  a  violence  or  force  upon  wore 
make  them  treason,  when  in  tliemselvi 
have  no  such  meaning.  Innuifndos 
follow  the  meaning  of  the  wonis  as  the; 
the  reconi,  and  not  to  draw  the  meaning 
wonlsaiW  the  innuendo;  for  you  wi 
(especially  in  case  of  life)  press  worda,  o 
them  to  speak  more  than  willingly  the^^ 
or  intend.  It  is  not  the  practice  of  the* 
to  do,  to  make  any  such  stretches, 
niniis  emungit,  elicit  sanguinem,*  1 
wrings  the  nose  too  hard,  will  draw  ibrtl 
that  is  the  rule  of  thai  great  lawyer,  i 
Coke,  who  applies  that  saying  to  th< 
straining  of  words;  l>eyond  what  in  tliei 
they  naturally  and  easily  will  bear.  A 
plu::)  that  God  is  not  well  pleasod  wi 
emupctions :  n.'»r  iJors  the  lew  of  the 
all  allow  it.  hut  ahsoluiely  Ibrhids  it, 
!:iw  orKn-rhud  spoaiis  thus,  •  Indubii 
,  n^rnlilKiv;,  l>enignior  senPU9  est  prsfei 
i  in  all  duinous,  unco'.iain,  and  genera' 
tliomost  hcni^'u  and  candid  inteqtretati 
I  l)o taken:  so  that  if  there  should  be 
about  ill r\sc  vords.  what  si;nse  they  b< 
it  that  the  king  was  enemy  to  any  '  in,  the  law  of  Ku;'!and  do?s  injoin  yo 
body,  or  any  bod3^  to  him  :  and  there  fore  the  ■  ship  to  ta\r  \\io  \vl\y  iUm  Wffi  on  the  ngl 


innuendo^  for  this  reason,  is  to  bi  i>(y^(:i;.'d  ;  and 

the  rather,  in  that  il  unLkcs  the  king  and  his 

subjects  to  be  enemies  one  toimotlipr;  vihioh  i 

is  an  imputation  that  ought  not  to  he  aiiiniited  ;  ! 

and.  I  dan'  suy,  will  not  be  hy  your  lordship. 

Therefore,  in  this  ease,  to  put'sucli  a  sense  in  . 

such  a  weighty  matter,  beiug  u  nsattcT  (.f  fact,  '■ 

upon  such  uncerlaiuticsi,  witiirtut  an\  further  I 

averment  of  the  intention  and  ni<  aning  of  the 

speaker  to  be  so  and  so,  and  without  an\  thing 

hut  such  innttendotj  is    very  hurd  :    tor  n(>\r  ! 

pcrluips  tl.ejur\  only  from  this  innuendo  v. t-vc  I 

pcrsy.uicd  that*  all  tlicnko  things  pointed  n|Km  I 

the  king  and  the  govcrinnent  ;  and  dil  tidvC  it  1 

that  the  lav/  was  tm  ;   that  the  ivords  intendetl  ; 

us  much  :  then  do  they  give  their  verdict  of  a  ' 

luattf  1  that  was  never  aVerred,  and  tor  want  of  I 

an  avcrnifnt  could  no^er  be  put  in  issue,  so  '  ^ 

tliat  the  parly  could  hare  a  trial,  whether  he  ^  iiou  of  the  Vase 

were  guilty  as  iliu  indicliueut  sa)  <» 


and  iiiuko  tl:  >  most  j'.i«  ourihie  const 
that  can  he  ot  iljciu.  We  ..■ly  ihon  the 
as  [  coi^coi^c,  siariiliii-,''  qniu;  othcrui 
wiih(»ut  \\ic  tn.njendi,  an-  insensible, 
nncovtain,  to  nhat  t'.i\  shoidd  lu>  ap| 
to  whom  :  and  iIkm)  it  thoic  >«hoidd  be  ) 
though  indirnd  in  one  respect  I  ihink 
non*^,  \etif  th«>re  should  remain  a  doul 
your  lordshi|)  iiud  the  court  are  to  ta 
vJtich  is  iiii-  uKtst  !iiild  and  grntit:  May 
biruingthcM'  words. 

My  lord,  1  hhall  not  trouble  your  1 
fin-tlicr  in  th:>  matter,  tor  I  think  it  is 
its  own  ligiii.  and  those  tew  touches 
li:ivc  i!fi^rn  of  that  gcneial  rule,  Lsap 
th.r  praliculnr  case  iKfiirc  yourlordsh: 
I  dn  r;i  qutsti<;n,  but  they  \vi!l  be  ap] 
ycui  lordship  and  the  court  in  their  oo 
therefore  1  Ia3'  it 


STATE  TRIALS,  36 Charles  II.  1684..— /or  High  Treaaom.  [21S' 


»'•  ftet,  •nd  hoRibly  pray,  that  the 
Bt  BMv  be  armted. 

'oMeWen.  M y  loni,  T  am  assiffnetl  hv 
1  tube  of  couiiS4'I  for  Mr.  Roscwcll, 
mer  at  the  bar,  ami  therefore  humbly 
our  k»rdsbtp  would  please  to  spare  me  a 
tbe  same  side  with  Mr.  Wallop.  The 
It  is,  this  part  of  the  indictment,  hath 
I,  aocordiiiff  to  what  our  information 
hy  Mr.  iVallop;  hut  lKN:ause  there 
!  many  words  in  the  inrlictment,  and 
e  ao,  aonic  of  a  higher  nature  than 
Acftfere  I   hes^  leave  to  put  the  words 

Las  they  lie,  and  1  shall  endeavour, 
istfioD  to  your  lonlship,  to  shew  what 
re  in  themselves  treason,  and  what  are 
■m,  thoagh  they  may  be  a  great  mis- 
oar,  and  highly  punishable  by  the  law 
the  court. 

Mnd,  thoufE^  the  statute  of  the  25  Kdw. 
provide  that  for  the  convicting  of  any 
WDy  there  shall  be  an  overt-act,' yet  I  do 
I,  nor  <lo  I  think,  but  that  tliere  may  l»c 
bat  are  an  overt- act,  and  consequeutly 
,  within  that  statute;  but  then  what 
worJs  these  are,  is  that  which  1  would 
^  afler  to  your  lonlship  to  discourse  of: 
'  bml,  it  plainly  appears  that  words  in 
btiy  that  are  very  evil  and  wicked, 
Mt  tnaaon,  nor  ore  to  lie  punished  by 
f  Aat  statute  of  the  U5  Kdw.  3.  As  in 
^117.  and   iUr,.     iU}^\\   Pine's  case. '^ 

£  there  spoken  by  I'liie  arc  most  evil 
I  wordi,  yd  by  all  the  judg-es  of 
jfttkay  are  am'ecd  niit  to  be  treasnii. 
t^itlf  hnrti,  iora  furtlicr  determination 
IjpiiM^wbat  ^\o^d:i:l^c  treason,  and  uhat 
fv  ae  leave  to  inc-.itiun  the  statute  of  IS 
^vfiich  1  uiiilerMund  to  be  the  statute 
vbich  the  prisoner  is  indicted,  and  the 
of  that  .statute :  lor  the  tirst 
is  treason,  aud  the  second 
mat  treason,  but  only  misdemeanour: 
M  second  brunch  ol'  the  statute  says, 
any  person  siinll  maliciously  and  ad- 
'  foUiih  or  alHiin  the  kin^  to  l>e  an 
tar  a  papist;  or  timt  he  endeavours  to 
IBS  Popery,  or  maliciously  and  advisedly 
tfa^y  printiui;,  pix'achin:<^,  or  expressly 
Bg,  publish  uitcr,  ordcL'laru  any  words, 
an,  or  other  thin^rs,  to  stir  uo  the  pcoph; 
icdor  dislike  of  the  kiti^'s  pi'rsou,  or  tho 
itei  government ;  then  he  is  disabled  to 
Vcurcisc  any  piuce  or  utfice,  civil  or 
y,aod  be  liable  t<»  ^uctl  further  punLsh- 
aa  by  the  comiuun  luw^  oc  statutes  may 
Ukti  in  such  casos  ;  by  wliicdi,  I  take 
>f  sning  to  be  Hue  and  imprisonment, 
1^  poniihmeut ;  but  not  the  punishment 
kttppaiated  to  th.;  judgment  of  high-trca- 
fMKofliibor  membLT. 

My  lord,  I  humbly  crave  your 
(jadgment  whether  this  shall  be  per- 
Mllie  ooiiDsel  slioidd  enter  into  such 
mi'wm  ikm.    The  question,   1  take  it, 


fjpL  1^  f.  9M|  of  this  CoUectioD. 


that  your  lordship  appointed  to  be 'spoke  to,  is, 
whether  this  indictment  as  to  ibrm  be  sufficient 
tor  your  lordship  to  i^ivc  judgment  upon  ?  But 
Mr.  Pfdlexfen  is  yfoin&f  into  that  which  is  a 
far  ^eatcr  point;  whether  these  words  ab- 
stracted from  all  their  innuendo  are  treason, 
or  no  ?  My  lord,  the  piisoner  did  not  move 
that  in  arrest  of  jud$:^ent;  and"  whether  voiir 
iords!iip  expects  any  such  thing  shoulil  be 
spoken  unto,  that  was  not  moved  "or  stirred  by  • 
him,  I  must  submit  it  to  you.  The  jury  found 
that  these  words  were  spoken  with  an  intent  to 
depose  tbe  king.  ^Vhether  that  your  lordship 
will  permit  it  to  be  argued,  whether  such  words 
are  tn-ason  in  their  own  nature,  is  of  quite  ano- 
ther consideration. 

Mr.  Fu//t.r/t/i.    Good  Mr.  Attorney,  Pray 
spare  us.     \Vecome  to  shew  that  if  in  their 
nature  they  import  not  matter  of  treason,  then 
the  innncndos    cannot  help    them,  so  as  to-  . 
make  tre<ison  of  them. 

Att.  Gen.  Tndy,  my  lord,  I  did  not  un- 
derstanil  that  it  was  your  lordship's  pleasure 
the  counsel  should  have  liberty  to  argue  any 
such  thing,  as  whether  the  words  be  treason, 
Iming  found  to  be  spoken  with  such  an  inten- 
tion ;  but  whether  these  innuendos  have  suf- 
ficiently lieen  laid  to  maintain  the  indictment  in 
point  of  form. 

Mr.  iW/cM/t/i.  If  3'ou  leave  out  the  words 
imnicndo'd,  then  sure  we  may  s[)eak  to  the 
words  themselves. 

L.  C.  J.  I  Milk  yon,  5Ir.  Attorney,  either 
you  mistake  Mr.  Pollexfcn,  or  I  do :  For  I  take 
It,  that  he  is  entering  into  the  consideration  of 
these  words  as  they  arc  laid  in  the  indictment  ; 
that  are  uncertainly  laid,  so  as  that  they  will 
not  support  an  indictment  of  ti*eason. 

All.  Ocn.  My  lord,  he  is  arguing,  that  if 
tlu^y  «ere  spoken  of  the  king,  yet  they  woul(i 
not  be  treason. 

L,  C.J.  Mill  ho  say  so?  1  dare  say,  be 
vi!l  not. 

Alt,  (Jen.  He  is  arguing  upon  the  statute, 
what  words  are  treason,  though  spoken  of  the 
king,  and  wliat  not ;  \\hicli  i  take  it,  is  not  the 
question  now. 

Sol.  Ucn.  My  lord,  we  humbly  offer  it  to 
your  lordship,  whether  it  be  according  to  your 
lordshipVs  rule  and  intestion,  that  he  was  to 
argue  wluihcr  the  woi-ds  were  treason ;  or 
only  whether  the  form  of  the  indictment,  as  to 
liie  inr.ucntioSf  was  good  and  suiticicnt. 

/..  C.  J.  'J'aking  the  words  to  be  sufHciently 
set  forth  in  the  indictment,  and  found  by  the 
jury  to  be  spoken  of  the  king,  esi)ecially  the 
last  words:  Do  you  think  we  would  suffer 
that  question  to  be  debate<l,  whether  they  were 
treason  or  noli'  Ciod  forbid.  1  will  not  sit 
here  to  hear  that  ipicstion  at  all  so  uuich  as 
made  or  put,  Pll  assure  you.  1  took  him  not  to 
argue  at  ail  any  thing  that  way. 

Mr.  Po/Zci/trt.  Pray,  my  lord,  hear  me; 
I  am  going'  only  to  this;  for  1  would  not 
offer  any  thing  'bc^yond  what  is  lit  for  me  to 
offer,  and  for  the  court  to  hear :  But  this  we 
say,  that  the  words,  the  effective  wor^ki,  are  wi 

4: 


t79]     STATE  TRIALS,  86  Chables  IL  l6M.--Trial  ^  Thomoi  Roumdlj     [2M 

80  siifficieotly  laid  in  this  indictment,  as  to 
make  tbcm  amount  to  treason,  I  am  only 
going  to  that. 

L,  C.  J.  Ay ;  that  in  the  stiiisrinip  ]iart  of 
the  iiuestion,  :uul  su  1  understood  aim  before. 

Mr.  FoUerftn.  My  lonl,  I  only  mentioned 
thatiof  the  statute,  that  there  were  two  sorts  of 
words  there  taken  notice  of;  to  shew  that  I 
thoii^t  these  wurds  were  nut  within  that  branch 
that  is  said  to  lie  trt-ason. 

L,  C.  J.    Well,  jfo  on. 

Mr.  Folic rfin.    I  will  keep  myself  to  the 
first  clause  of  the  statute ;  for  what  I  mean,  is  ; 
this,  Tluit  if  these  words  come  not  witliin  that ! 
fuvt  branch,  which  niak^  the  treason,  then  ! 
^our  lonlship  rannot  {^ive  judji^'ment  upon  tliis  ! 
mdictment.     For  thoufrh,  my  lord,  it  may  be  ' 
these  words  are  extniordiiiary  ill,  and  being  ; 
spoken  or  preached,  may  have  an  ill  sense  ur 
meaning  with  them  ;  yet  I  would  observe  to 
your  lordship,  there  are  other  penalties  and 

Suuishments  provided  for  some  sort  of  words, 
lan  there  are  for  others. 

But  then,  my  loni,  let  us  consider  the  words 
of  the  first  branch  of  this  statute.  If  so  be  any 
person  does  com[)ass  the  death,  or  bodily  re- 
straint, or  other  harm  to  the  king's  person, 
or  to  deprive  the  king,  or  levy  war  against  the 
king,  &c.  and  this  compassing  and  imagina- 
tion does  express  by  printing,  writing,  preach- 
ing, or  malicious  and  advised  speaking,  they 
chall  suffer  judgment  of  high- treason.  Now 
tfien,  all  that  I  would  come  to,  is  this,  that  this 
same  treasonable  printing,  writing,  prcac^hing, 
or  speaking,  must  be  of  such  words  as  shall 
intend  the  death,  bodily  hurt,  restraint,  or  im- 
prisonment of  the  king's  person,  or  levying  of 
war. 

My  lord,  having  said  this,  the  next  thing  is 
to  come  to  the  words  themselves,  and  to  take 
thcui  as  they  are  in  themselves,  without  the 
innucndosy  and  see  what  the  natural  sense  of 
them  will  be :  And  we  will  take  them  in  the 
natural  order  as  thov  are  laid  in  the  very  in- 
dictment, and  found  by  the  jury. 

The  first  passage  of  them  is,    *  quod  Po- 

<  pulus,*  i^c.  (meauing  the  neojik*  of  Hngland, 

*  the  subjects  of  our  lord  the  king)   ^  made  a 

*  flocking  to  the  king  (meaning  our  said  lonl 

<  the  king  that  now  is)  to  cure  the  king's  evil,  I 
f  which  lie  could  not  do ;  hut  we  ^re  they  to 

*  whom  they  should  come,  being  Priests  and  • 
f  Prophets,  that  by  our  |>rayers  can  heal  the  ' 
«  griefs  of  the  people.'  N(»w,  my  lord,  with 
humble  submissHm,  it  is  plaiii  that  as  to  these 
words,  they  have  not  in  theiuselves  any  ten- 
dency to  treason  at  all,  whatsoever  rejection 
they  may  m^ke  upon  tlie  king ;  they  are  the 
wonUof  a  priest  niagnilying  i.is  own  oiKce, 
and  his  power  with  God  *Ahiii«;lity  ;  hut  they 
do  not  come  up  (I  tliink;  to  this  crime,  ibr 
which  the  prisoner  at  the  bar  stands  accused. 

Then  the  next  wunis  tliat  follow,  are  these, 

*  Nos    habuinius  nunc   duos  iniquos    R*  gcs 

*  insimul,  qui  i»eriuisenint  Homanaiu  super- 

*  stitionem  intrare  in  eorum  cons)>ectu,  Jkc.  and 

*  who  oaa  be  likenad  to  none  but  wicked  Je- 


*  roboam.'  My  lord,  these,  I  do  acknowledn 
are  very  wicked  and  bad  words,  espcdiulj 
if  they  must  be  applied,  as  the  indictment  bu 
set  them  forth,  to  the  itte  king,  and  his  prs* 
sent  majesty :  Yet  these  very  words  (under 
i'avour)  will  not  amount  to  the  charge  of  bicli 
treason.  'Vhcy  deserre  very  severe  puniu- 
ment ;  but  they  seem  not  to  conoe  up  to  soy 
thin^  of  an  intention,  or  compassing,  or  » 
signing  the  death,  bodily  hurt,  or  imprison- 
ment of  the  king ;  or  the  lerying  war  s({^nil 
him.  This  I  speak,  my  knd,  with  submiMoni 
and  1  believe  your  lordship  may  be  of  the  saon 
mind. 

But  then,  my  lord,  the  next  wor^  that 
follow,  are  the  words  (1  suppose)  that  are  rdiad 
upon,  to  make  out  this  accusation  ;  *  Quod  si 

*  ipsi    starent   ad    fundamentalia,    ipse 

<  timebat,  dkc.    That  they  should  eve 
'  their  enemies,  as  in  former  times,  with  i 

<  horns,  broken  platters,  and  a  stone  in  a  sliiy.' 
These,  my  lord,  seem  to  be  the  words  in  wkidl 
the  crime  consists.  Now,  my  lord,  if  tbcN* 
words  in  themselves  are  so  uncertain,  or  aadi 
as  do  not  tend  or  relate  to  the  present  kij|y,  ar 
the  present  government,  to  stir  up  seditMin  ar 
rebellion  against  them,  then  they  will  noi  bt 
treason,  because  they  do  not  so  reute. 

Now,  my  lord,  these  words,  if  you  take  thai 
alone  without  the  former  clause,^  Noa  baW- 

<  mus  nunc  duos  iuiquos  Rem  insimul,'  te, 
closed  with  the  innuendo^  Uiat  he  meant  fim 
late! 
can 

government, 
art.     Which  way  can  it  bef  'If  they 

*  stand  to  their  principles,  they  should  ofai* 
'  come  their  enemies:*  How  can  thev  be  i»» 
tended  to  be  meant  of  the  king,  and  nialoval 
subjects  ?  Then  let  us  consifler  the  words  tw 
go  nfoi-e,  whether  they  will  help  any  thing  tr 
no ;  '  habuinius  nunc  duos  iniquos  Regea  ia^ 

*  biinul'.  These  words  of  themselrea,  atii^ar 
the  innuendo,  do  not  express  what  two  knfB 
are  infant  by  them.  If  you  take  the  wwii 
strictly,  that'  *  We  have  had  two  kin^  avw 
togeilier,  insimul,'  as  the  word  signiQca^  i| 
must  l»c  iwo  kings  at  one  and  the  same  liflM; 
But  take  it  in  the  English  phrase  (as  perbuA 
thoy  would  ha%e  it  turned  into  English), « Wm' 

*  have  luul  now  two  wicked  kings  tOKethart^ 
(meaning  the  late  blessed  martyr,  and  Eia  now 
majesty),  then  it  must  be,  we*  have  had  imw 
two  kings  successively ;  but  it  is  a 
thing  to  render  such  Latin  into  such  £ng 
wluch  s<>eins  to  he,  in  the  nature  of  the  i 
theinseh  os,  such  as  will  bear  no  such  senaa  ac 
construction  as  thqt.     And  then,  the  '  qui  papt 

*  iniserunt  Romanam  superstitionem  intraie  \^ 

*  eorum  cnnspectu  ;*  if  the  first  words  do  Ml 
in  themKelves  exprfss  what  kings  were  maaai^ 
these  words  that  follow  can  gi\c  no  manMrfl 
certainty  to  them  at  all :  For  here  is  nal  ft 
much  as  any  innuendo;  nor  can  the 
that  follow  them  *  (qui  assimilari  poasiiut,'  ^ 
which  can  be  likened  to  none  but  wicked  Ja 
boam)  in  any  sort,  shew  iny  ^:ertfunlv  |q  \ 


lea  witn  tne  tnnucnao^  inax  ne  means  ma 
\  king,  and  this,  1  see  not  possibly  how  thqf 
1  be  said  to  relate  to  the  present  king  aai* 
ernraent,  to  make  them  treason  within  ihii 
.     Which  wa\  can  it  be  ?  'If  they  wwU 


STATE  TBIALS^  S6  Cicahles  U.  1684.— /w*  High  TrmM. 


[98S 


lOB to  be  tppUed, or  Ofliitnte  whom 

r  tint  which  is  the  next  claii8e»  if  the 
k  of  ell;  'Scduipsistarentadfiui' 
J  &€.'  *  Ipi*  in  all  ordinary  con- 
in  of  epeech  lo  all  language,  being 
lA  to  the  former  words  (and  so  I  thiqjc 
le  ia  the  grammar  is  and  will  be  read  by 
eaaoBaUe  person  that  reads)  must  refer 
Best  aateoedeat.  And  then,  who  are 
hit  are  last  spoken  ofP  It  must  be  the 
ached  kings,  let  them  be  who  they  will, 
rare  meant  by  those  wicked  kings ;  for 
is  no  other  person  that  does  intervene,  as 
B  ef,  to  whom  they  should  be  referred, 
■mer  words  are  spoken  in  the  first  per- 
■d  pkirmi  number :  We  have  had,  speak- 
the  Dame  of  himself,  and  they  that  were 
riitors,  and  then  to  come  with  iDfi,  after 
I  MBtioned  two  kings,  who  h^  suffered 
!y  to  eome  in,  and  were  to  be  likened  to 
changes  the   form  of  the  whole 


diotment  has  not  pursued  them,  hat  has 
of  that,  to  be  quite 


L  It  sbonid  seem,  according  as  it  is 
i  the  indiisCment,  to  run  thus,  and  then  I 
i|— f  lordship  to  consider  the  sense  and 
■vef  them ;  '  We  had  now  two  wicked 
pstagwilifi,  who  have  soflfered  Popery  to 
n  nnder  their  noses,  we  cannot  compare 
■to  any  but  widced  Jeroboam  :  And  if 
^vaaklatand  to  their  principles,  then  he 
ht  but  they  shonkl  ovei-conie  their 
I  in  former  times,  6cc.'  Why  then, 
"  ^  to  qprammar,  and  ordinary 
a  relative,  must  refer  to  that 
i  before,  there  is  notlitng  in  all 
ihdorc,  but.  We,  tliat  is,  lie  and 
|i|iblhat  iM^ni  him,  and  the  two  kings 
nbifeke  cd';  and  the  two  kings  being  last 
bi(itmii&t  ill  ali  grammar,  I  say,  and 
^Ae  anderstood  of  the  kings.  Then  let 
1^  what  sense  we  can  make  of  it;  'We 
mhsd  two  wicked  kings,  that  have  per- 
jtol  popery  under  their  iiuses,  that  they 
ite  compared  to  none  but  wicked  Jero- 
■  :  and  if  they  stand  to  their  principles, 
M  not  fear  but  they  (the  kin^s)  should 
HMse  tlieir  enemies.*  In  all  onliuary  and 
toduming,  I  cannot  see  how  tliey  can 
li^  hot  the  ipii  must  retier  to  the  regett ; 
ihin   *   £orum    fumhitiiontaliic,    ipfwrum 

a*  if  you  take  these  wonis,  as  they  do 
if  they  have  any  sense  or  meaning  at 
etfMm,  this  is  the  profier  and  natural  sense 
■nniiig  of  them. 
^Mia  pretty  hard  to  apply  the  *•  Nos  ha- 

fc.nnnc  du(n»  iniquos   lieges,'   to  the 
•tarent  ad  fundamenuiia.'      lu  all 
f  be  spoke  it  thiis,  if  it  continued  on 
e,  which  I  can  say  nothing  to, 
speak  to  the  words  as  they  arc 
r  indictment,  <  And  if  we  do  but  stand 
,  I  do  not  doubt  but  we  shall 
r  enemies  as  formerly,'  &c.  But 
I  of  ihe  person,  and,  according 
l4»nstnictioo,  we  know  bow 
The  other  seems  to  be 
fof  the  words;  but  the  in- 


them  wstead  oi  uhm,  &v  uc  4UU0  uwum.hot.,  ■ 
nosing  them  to  have  been  spoken  as  the  juiy 
nave  foimd  them. 

But,  my  k>rd,  if  they  do  not  well  bear  that 
sense,  which  I  think  they  sbuidd  properly  ami 
naturally  hear,  if  they  had  been  right  laid,  the 
question  then,  whether  we  can  make  these 
words,  as  they  are  laid,  to  bear  any  such  sense^ 
as  the  king's  counsel,  by  their  innuendoi^ 
have  placed  upon  them  ?  that  is,  if  they, 
meaning  his  auditors  ;  <  should  stand  to  their 

*  principles,  then*  thev  should  overcome  their 

*  enemies,'  meaning  toe  king  and  his  loyal  sub> 
jectS.  Truly,  my  lord,  I  cannot  see  how  that 
can  be,  how  ip$i  should  be  me ;  I  and  mine 
auditors  should  stand  to  their  principles. 

But  setting  that  aside,  come  we  then  to  the 
main  words.  « He  did  not  fear  but  thay  shouM 
overcome  their  enemies.'  The  gvM  force  of 
these  words  lies  in  the  word  enemies.  What 
is  meant  by  enemies?  For  all  the  rest  without 
that,  would  not  signify  any  grest  matter,  with 
submission  to  your  lofidship,  as  I  think  :  And 
therefore  here  cornea  the  great  harden,  and 
that  which  is  the  sharp  sting  of  all  this  indict- 
ment. And  to  make  enemies  to  signify  the 
king  and  his  subjects,  my  lord,  is  a  very  won* 
dcrful  innuendo,  as  1  believe  ever  wss  attempt- 
ed  to  be  made.  So  it  seems  to  me,  with  submis- 
sion to  your  lordship ;  the  word  enemies  itself  ii 
a  word  of  so  large  comprehension,  that  it  reaches 
to  a  great  part  of  the  world.  God  knowa,  man- 
kind is  so  very  uubappy,  as  that  every  one 
hath  very  many,  and  too  many  enemies.  Who 
is  not  anenemy  f  A  man  scarce  knows  ;  it  is 
well  if  he  does.  And  this  is  a  thing  that'a 
mighty  hard,  that  so  general  a  won!  should 
have  so  heinous  a  particular  application. 

There  then  rests  the  buruen  of  the  case, 
whether  inimico$  should  signify  the  king  and 
his  loyal  subjects.  If  in  the  natural  grammar 
the  former  words  of  *•  Ipsi  starent  ad  funda- 
*•  mentalia,'  be,  as  I  have  shewn,  to  be  referred 
to  the  duos  Reges  as  the  last  antecedent,  then  it 
inuKt  mean,  thst  the  duo»  Reges  would  over- 
come their  enemies,  and  then  there  is  no  hurt 
in  all  theiie  words,  but  whatsoever  was  spoken 
is  very  commendable,  and  very  allowable: 
But  if  you  would  take  it  otherwise,  1  see  not 
how  it  c*an  be  done  without  the  greatest  strain 
in  the  world  of  so  general  a  word,  to  make 
mimicos  mean  the  king  and  his  subjects. 

Now,  my  lord,  let  us  see  how  they  intend  to 
help  it  out,  and  tliat  is,  by  these  mnueudet^ 
The  nature  of  an  innuendo  bath  been  already 
opened  to  your  lordship  by  Mr.  Wallop.  I 
shall  not  repeat  sny  tiling  of  that  which  was 
said  before,  for  that  1  cannot  take  to  be  any 
service  to  the  prisoner  st  the  bar,  to  take  up 
your  lordship's  time  in  repetitionR.  The  hooka 
have  been  cited,  and  reason  itself  will  direct  to 
that ;  for  must  ni»t  a  man  be  convicted  by  hia 
own  words,  as  well  as  punished  for  them  f  It 
is  not,  sure,  the  skill  of  the  dork  to  put  in  an 
innuendo^  or  of  any  one  else,  that  shall  be  eon- 
struedto  make  my  words  tu  hafo  any  other 


S8S]     STATE  TRIALS,  ^6  Cuarlbs  II.  1684.— Ti-ta/  of  Thmuu  kosewcli,     [S8^ 

seiuie,  than  I  that  spake  them  intended  them  in. 
If  the  words  are  not  clear,  why  then  tliey  can- 
not affect  the  auditory,  so  as  to  have  any  evil 
influence  upon  them,  to  incite  tlicni  to  sedition 
or  rebellion;  for  sensible  words  must  influence 
sensible  men:  But  words  that  arc  insensible, 
can  have  no  influence  at  all  upon  rational  crea- 
tures. «Then  shall  an  innuendo  make  that  an 
offence,  without  \s  hich  it  was  not  an  offence ;  es- 
pecially so  ffteat  an  oflcnce,  as  that  ot*  high- 
treason?  Surely  not. 

Besides,  my  lord,  all  our  books  are  against 
making  any  such  construction.  Unll's  Abr. 
1.  part  84.  There  is  a  whole  b«»d-roll  of  them 
to  prove,  tliat  innuendas  will  not  help,  where 
the  words  in  themselves  have  any  inocrtainty 
in  them.  The  bare  setting  down  the  words 
with  innuendos  are  not  an  averment  sufficient 
to  maintain  an  action,  or  an  iudi(*tment.  The 
cases  there  urc  indeed  upon  actions  of  the  case 
for  wonis,  which  in  reason  are  under  the  same 
rule. 

For,  my  lord,  there  are  two  ways  to  apply 
words  that  are  uncertain,  to  bring  out  the  true 
intent  and  meaning  of  tiiem,  to  \f  horn  they 
are  to  be  applied  ;  the  one  is  by  a  colloquium 
precedent,  and  where  there  is  a  colloquium 
preoedcut  of  such  matter  as  will  lead  in  the 
ause  of  the  words,  which  iiithout  it  were  not 
to  be  understood,  thcrp  the  laying  that  coilo- 
quium  makes  the  wonls  rnnic  to  be  sensible, 
and  there  is  thij»  reason  for  it,  whenever  that  is 
done,  the  colloquium  uaist  i*oine  in  evidence, 
and  must  be  proved  :  But  I  never  yet  know  an 
innuejidoolfeved  (o  be  proved.  AnolIuT  way  is 
this,  where*  \vori!.>  'jlvv.  i'.iid  in  a  drclaratiuti  with 
an  averment  pre  cetlcnt  to  he  spoken  of  sneli  a 
person,  then  the  woids,  uiili  an  intmcudo  afu'r 
that  averment,  ^hc^v  stitliciently  what  Ls  meant 
by  them.  If  so  be  soaudaloiis  words  are  spo- 
ken, as  to  say,  ''Thy  landlord,  your  brotlier, 

*  your  mastor,  \oiir  servant,  your  son,  is  a 

*  tliief,*  or  tile  !il;e :  In  these  cases  the  words 
in  themselves  do  not  express  the  man  of  whom 
the  scandal  is  raised,  but  they  give  such  a  de- 
nomination of  the  man,  that  may  by  the  hearers 
he  siiflicienily  known.  >Vliy  then,  in  that 
case,  if  in  the  declaration  it  is  averred  that  the 
plaintjtt  was  his  lanillord,  was  his  brother,  was 
his  master,  was  his  servant,  was  his  son,  anil 
that  thesif  words  ^\ore  spoken  of  him,  aiid 
tliereby  it  comes  fh  be  made  apparent  to  the 
court  what  is  meant,  and  who  is  meant,  thai  is 
well,  and  all  tiiat  nnistl>e  ]iroved  to  the  court 
upon  evidt  ace,  or  the  aciion  cannot  be  main- 
tained, by  such  means  as  this  it  is  made  plain 
and  demonstrable,  tbat  there  can  no  doubt  re- 
main, either  v.  ith  the  court  or  the  jury,  to  whom 
the  injury  is  done,  and  of  whom  the  scandal  is 
uttered.  And  these  are  the  only  two  wa\s 
tliat  ever  I  could  observe  were  allowed  to  be 
suiiieienc  to  maintain  any  such  action :  And 
there  the  inuutudo  comes  very  properly  in  to  as- 
siiil  the  averment,  or  the  colloquium. 

But  now,  my  lord,  here  in  this  case,  here  is 
nothing  of  that  kind,  but  only  a  bare  innuendo 
that  such  and  such  were  moBBt,  without  either 


a  colloquium  that  there  was  a  discourse  coD' 
cerning  such  and  such  persons,  or  an  aremiMit 
that  the  words  were  spoken  of  the  persons. 

,My  lord,  I  cannot  tell  what  precedents  they 
willofler  to  vour  lordship  of  former  or  latter' 
times.  We  nave  had  but  very  little  time  to 
loi^k  into  it,  and  have  not  that  recou  rse  to  the  pre- 
cedents on  the  crown's  aide  that  the  kuig*! 
counsel  have.  But,  my  lord,  for  precedenli 
that  may  have  past  sub  silcntio  ;  witnout  hiT* 
ing  the  question  stirred,  I  suppose,  will  not 
be  allowed  by  your  lordship,  and  the  court  as 

Erecedcnts  against  as.  But  1  think  there  will 
e  no  instance  given,  wherever  any  such 
thing  cams  in  question,  that  ever  jadgnMBf 
was  given  against  the  defendant. 

My  lord,  this  seems  to  be  the  sense  and  na- 
ture of  the  words  as  they  are  laid  in  this  k* 
didment,  stript  of  the  innuendoi,  and  jovr 
lordship  knows  what  a  case  we  have  now  be- 
fore you.  We  are  in  the  case  of  the  life  of  » 
man,  which  is  much  favoured  in  law,  and  if 
there  beany  doubt  or  uncertainty,  your  lord- 
ship  will  lean  rather  towards  the  isTOurabl* 
side  ;  and  if,  according  to  tlie  rules  of  knr, 
words  to  make  men  criminal  shall  not  ho 
strained,  or  forced  beyond  their  plain,  natani 
meaning,  sure  they  shall  not  to  make  a  nun 
capitally  so :  For  the  greater  the  crime  n,  th^ 
greater  consideration  the  court  will  hoYO  to  tee 
tnat  there  be  no  strained,  forced  constmctioM 
to  bring  the  life  of  a  man  in  danger :  And 
therefore  1  humbly  pray  that  judgment  mj 
be  arrested. 

Alt.  Gen.  Alay  it  please  yonr  lordship  f 
am  of  eounsi>l  in  this  ease  for  the  king :    and 
notuitiisiauding  any  thing  that  has  been  laid. 
I  do  conceive,  that  there  is  high-treason  wdl. 
alledged  in  this  indictment,  of  which  the  pri- 


soner is  fuund  guilty  against  whom  I 
niand  your  judgment.  3Iy  lord,  there  is  agieal 
diirc.-x'iioe  in  this  matter  ;  that  is,  whethct 
the  words  nrc  treason,  as  they  were  spoken  If 
him,  Kud  whether  or  no  this  treason,  admitlaitf 
it  to  bo  trea<;on,  be  well  disclosed  by  this  iih 
dictmcnl  -  For,  my  loni,  I  think  to  preach  md 
public   BS^einbly,   that    '  we  have  had  tiNi 

*  wicked  knv^s  togetiier,  who  have  pennitlii 

*  Po|iery  to  ttome  uadcT  their  noses,'  and  thM 
{  to  go  on  with  it  to  *  Stand  to  their  principleiP 
'  (for  so  the  wv)r(b  are  laid  in  this  indictrnM^ 

*  and  they  should  overcome  their  enemies  li 
^in  tbrmer  times,  »ith  rams-homs,  brokM 

*  |datters,  and  a  stone  in  a  sling,'  is  a 
high  aggravjition  of  sttch  words.     And, 
lord,  if  you  re.iicmher  the  evidence,  as  I 
not  you  do,  it  was  all  spoken  in  a  publio  •#• 
sem'bly,  before  4  or  500  people,  and  they 
spoken  without  any  words  intervening  r 
soever.    These  \\  ere  the  only  words  that 
spoken  relating  to  this  matter :    So  that 
mubt  carry  their  own  pregnant  sense  with  thev 
of  exciting  the  people  to  stand  to  tlietr  an' 
against  the  wicked  kings,  or  else  they  ara 
no  signilicatlon.    And  thns  they  are  laid  m  4 
indictment,  and  fonnd  by  the  jury  to  be  opahk 
positively  to  stir  op  the  people  against  tfiaki%r 


STATE  TRIALS.  36  Charles  IL  l684^/or  High  Trmon. 


[386 


cat  him,  and  to  nue  rebellion  within  the 
on.  This,  I  say,  is  positively  afQrmed, 
id  dMm  in  the  indictment.  *But,  now, 
icr  or  DO  these  words  arc  in  point  of  ibrra 
I,  tint  the  court  must  understand  tliem 
dation  to  the  ktn^  and  government,  and 
■igomait  to  st'u:  up  the  people,  is  the 
m  I .  For  if  they  be  so,  then  they  are  well 
laop'port  this  conviclion  of  treason. 
vlorlbaC,my  lord,  I  would  only  first 
bey  must  either  import  treason  in  them- 
«  or  they  do  not  If  they  do  import  trca- 
I  rhriiiiiliiiii,  no  addition  of  the  person 
raio^  whom  tliey  were  spoken,  as  that 
pcre  spoken  of  the  kinff,  will  mend  the 
or  make  it  better.  Though  it  be  laid 
■I  much  to  be  spoken  of  the  kinff,  and 
e  Bcrer  m>  much  averred,  yet  if  it  he  not 
a  to  disturb  the  government,  or  to  raise 
Ml  and  insurrection,  tlie  adding  a  thou- 
imea  that  it  was  spoken  *  de  Domino 
Se^'  vouhl  not  avail.  They  confess  they 
■•  pracedents  to  produce,  and  I  believe 
Ihej  have  not :  And  so  they  only  go  by 
€  migunnent,  taken  from  actions  upon  the 
br  wards :  Whereas  there  is  a  great  dis- 
f  m  die  case  between  actions  of  the  case 
■ii^  and  informations  or  indictments  tor 
I  Art  are  criminal  or  capital ;  and  I  know 

£*il  look  into  the  precedents  that  are  in 
ihe  entries,  and  m  the  reports  of  in- 
ptfm  or  indictments,  they  will  find  it  is 

amwtry  seldom,  or  rarefy  done,  it  being 
^maa  to  no  purpose,  or  as  perfect  sur- 
ip^HbTthat  such  or  such  a  thing  was 
lHbk^1leI>Draino  Rege  dc  GubeniRtione.' 
Ihflmaal  cases,  and  not  capital,  it  is  com- 
l^tfl^  of  which  tliere  are  multitudes  of 
■■i:  That  such  a  one  lieing  of  an  ill 
^li  fMe  oommotion  in  the  kiiu^om,  and 


^mUotky  sfioke  these  and  these  words. 
pM  the  constant  form  in  your  lordship's 
lordship  can  remember  in  the 
\  that  were,  or  the  indictmeats  of 
H  that  had  spoken  words  relating  to  the 
^if  York.  I  can  remember  when  your 
H^  wed  to  say,  *  Never  consult  me,  but 
nr  the  ancient  prrcL'diMits,*  which  I  dare 
rtribe  to  say  are  all  thus,  and  so  I  shall 
p.lgr  and  hy,  it  has  U'cn  in  indictments  of 
n:  And  though,  perhaps,  one  or  two 
H  at  any  time  be  otherwise  <lrawn  (nf 
kjct  we  can  find  none),  yet,  this  hath  ! 
Mbaeooatant  form  i'or  any  tbing  that  I  can 

eit  kof  very  great  consccjucnce  to  say 
m 9i  day,  that  what  has  for  hundreds 
■mtaselher  been  the  constant  practice, 
'Wf^  Jf  indictments  and  informations,  is 
|ppi^  it  were  to  turn  all  things  topsy  turvy, 
MMhr  jgieat  confusion  in  prosccmtioiis, 
■anmclMae  of  the  law,  in  criminal  mat- 
haB  therefore  shew  your  lordship  that 
'i  a  certainty  as  the  taw  does  require 
"  1  that  the  words 

must  have 
I  down  in  the  in- 
HiliBelhBgelse. 


WmXty  practised,  and  thai 
bwva  such,  tliat  they 
rwhat  we  have  laid  down 


But  then  they  do  lay  down  ^is  fbr  aground, 
which  I  think  I  may  grant  them  veiy  easily, 
and  yet  it  will  signify  nothing  to  what  th^ 
mean  ;  I  would  wipe  ott*  all  these  innuendoSf 
leave  diem  out  of  the  case,  for  1  never  expect 
any  heJp  from  them  at  all ;  and  then  1  do 
agree  that  an  innuendo^  without  a  strong,  ur- 
gent averment  that  the  people  which  hear  the 
words  spoke,  and  the  court  that  are  to  pass 
judgment  upon  them,  shall  say  forcibly  ap- 
pears from  the  words  'themselves,  who  was 
meant,  aiid  what  was  meant,  will  not  support 
the  indictment,  nor  has  the  verdict  tbrtitied  it 
at  all. 

But  they  tell  you  in  actions  of  the  case^  if 
John-a-Stilcs  be*^  called  a  bankrupt,  if  he  will 
bring  an  action  against  the  party  that  spoke 
these  words,  he  must  aver  andamrm,  that  they 
were  spoken  *  dc  Querente,'  of  that  particular 
person  that  doth  bring  the  action ;  and  so  it  is, 
the  law  is  so,  and  the  reason's  plain,  because 
there  are  many  John-a-Stiles's  perhaps,  and 
the  plaintiff  that  brings  the  action  is  but  one ; 
and  therefore,  if  he  does  not  shew  that  the  dis- 
course was  of  that  John-a-Stiles,  who  brings 
the  action,  it  is  uncertain  who  was  meant,  and 
cannot  be  supported  by  a  bare  innuendo.  But 
I  take  it  in  these  cases,  wherever  the  prece- 
dent averment  is  necessary,  there  must  be  a 
distinct  proof  of  tliat  averment,  as  if  John-a.* 
Stiles  be  called  bankrupt  (in  the  case  I  men- 
tioned) and  he  brings  his  action,  and  avers  the 
discourse  to  he  dc  Qucrente  ;  and  he  calls  wit- 
nesses, who  prove  the  words  to  be  spoken,  that 
the  defendant  did  say  John-a-Stik^s  was  a  bank- 
rupt ;  and  the  court  demands  this  question  of 
the  witnesses,  but  do  you  know  what  John-a- 
Stiles  the  defendant  meant  ?  and  lie  shall  an- 
swer, no,  we  only  heanl  the  party  say  John-a- 
Stilcs  is  a  bankrupt :  it  is  apparent'  that  evi- 
dence will  not  support  the  action,  fbr  that  aver- 
ment must  be  proved,  that  he  that  brings  tlie 
action  was  intended,  and  that  there  was  a  dis- 
course concerning  him.  There  must  be.  I 
say,  the  proof  of  ihc  avcmient  to  make  up  that 
cerUiinty  of  the  application  of  the  words,  which 
the  law  re<[uires.  And  tiKTctbrc  in  what  case 
soever  it  lie,  if  the  words  he  the  only  proof,  or 
if  the  words  carry  suHirient  in  themselves  to 
shew  of  whom  they  were  spoken,  it  is  ridicu- 
lous to  say  there  must  l»e  an  averment  that 
they  v.ere  of  such  a  one ;  because  words  cannot 
prove  theuiselvps. 

For,  my  lord,  wlicrover  words  by  sti-ong 
and  pregnant  intend mvnl  do  cnrry  slander,  and 
of  such  u  particular  per^nn,  there  the  lHi(»ks 
are  express  th.-itthor<*  uteds  i  '  averment,  that 
they  wen;  suoketi  (»i;'  such  a  one  ;  as  in  the 
case  of  Fleetwood  and  (uric,  Hoh.  'Jt>7,  which 
is  a  rule  lor  ail  causes  n[Kiti  a<  iinn^of  the  case 
for  words.  Sir  Mii«»K  Floctu  immI  bring  receiver 
of  the  Ci.urt  of  W  jirds,  h.in'/lit  an  action  of 
the  <-asc  Jii^Jiinst  Curl;'.  Inr  ihjit  he  (ha\ing 
sjicech  with  one  \\  hoicwdotl)  did  ^peuk  of  the 
piuintirr these  wonls,  Mr.  Llcri-i\i'i-  (Innuendo 
the  plaintiff)  had  drceivrd  and  cu/rned  the  king. 
&c.    JUe  did  there  alledgc  the  words  W  be 


,..r^., 


and 


987J      STATE  TRIALS.  36  Charles  IT.  \6B4.^Trial  ef  Thmmf  Ramtell, 

mwkvio  of  tbe  pkintiC  In  that  case,  upon 
Not  Guilty  pleaded*  it  wu  fouad  for  tbe  plain- 
tiff,  and  it  was  niored  in  arrett  of  judgment, 
that  tt  did  tiot  appear  by  the  wordti  spoken, 
Ibat  they  were  spoken  of  the  piaiutin :  tor, 
Mr.  Ileceiver  bad  no  propriety  to  tJiat  purpose  ; 
HHithe  Innueftdv  ^voulci  not'  make  it  certain, 
when  it  appeared  to  ibe  cauit,  that  the  Hords 
would  bear  noceriatQty,  tjiough  he  did  ailed j^e 
the  words  to  be  fpokeo  ot'  tbe  plaiDtitf  in  ihiit 
case ;  because  there  may  be  many  deceivers, 
0r  teceivera,  and  he  must  prove  it  particularly 
vpokea  of  hunsetf  But  tlien  tbe  book  is  9%- 
press,  that  allcr  a  verdict,  thoup:h  lie  did  not 
aver  it  waa  apoken  of  him  in  bis  office,  yet 
judg-ment  should  be  giveo  for  the  plaintiff)  be- 
4cause  there  is  a  nregnant,  v iolcDl,  certain  sense, 
that  may  l^d  tne  court  and  heartens  to  take  it 
so  to  be  meant,  and  cannot  be  ctberwi«e  ima- 
giiied  ;  and  therefore  the  court  will  not  ima- 
gioe  it.  Ai  if  a  man  spoke  of  an  attoruey, 
&ai  he  ia  a  knave,  and  spoke  not  of  \m  prac* 
Itee  ;  why  then  the  action  won't  lie  :  but  if  b** 
he  named  an  attorney  ia  the  diclaraticn,  and 
the  bearers  knew  him  to  be  an  attorney  \  in 
Uuit  caie,  it  was  ruled  not  necessary  to  have 
Any  such  avennent  ;  for  tbe  words  tliemseives 
ditf  import  it  iu  tbe  origins  I  case,  that  it  was 
apokco  of  him  in  his  office,  by  the  word  de- 
ceiver ;  that  having  an  aJlusioo  atul  ironical 
tmrnmUmimt  to  the  name  of  his  ofiioe  ;  and  in 
the  •tber  case,  because  the  hearers  knew  him 
to  bean  attorney. 

80^  my  lord,  upon  these  ground*,  juilgments 
have  gone  in  those  casew,  which  ihey  them- 
selves  do  so  much  rely  upon  ;  actions*  fur  the 
case  for  words ;  wherever  the  words  import 
presnantly  such  a  sense,  there  does  u^t  need 
aucVi  an  averment.  But  I  shall  shew  tliat  in 
informations  and  indictments  this  cannot  be  ne- 
cessary»  and  the  reason  seems  plain  :  tor  here, 
as  we  bave  laid  it,  and  as  tbe  truth  is,  we  all 
know  it,  there  ia  but  one  king  and  ffnc  g-ov em- 
inent ;  and  when  w  ords  are  laid  to  be  spoken 
to  cxuitt  commotions,  or  rebellions,  or  iusur* 
WmMmiBf  thev  are  but  external  declarations  of 
•the  msA  i  tne  treason  that  he  is  chariged  with, 
that  is  inward,  it  is  the  thoughts  that  are  trea- 
■on.  Bat  it  is  true,  the  laying  that  alone,  that 
he  did  so  compass  and  imagine,  without  some 
ftutward  declaration  would  not  be  good  in  an 
indictmetjt,  any  more  than  the  outward  de- 
claration without  the  inward  intention.  But 
the  treason  is,  that  he  did  imagine  to  raise 
lebeUioo  and  war  within  the  kingdom,  to 
atir  up  tbe  people  agaiost  the  king,  and  to 
depose  the  kin^,  and  brio^  him  to  death,  anil 
deprive  him  of  hiii  crown  and  dignity  ;  and 
then  goes  the  indictment  on,  and  savs,  to  the 
end  that  he  might  effect  thi^  treason,'  he  spoke 
Mioli  and  such  words,  whieli  by  that  new  law 
(that  Mr.  Potlexfen  mentioned)  will  amount  to 
tresaon  in  speaking,  14  wdl  la  writing,  I  say^ 
it  is  positividy  charg^  hi  the  indictment,  that 
he  did  thus  and  thua  speak  la  stir  up  the  people 
lo  rtbeUion  and  war  agsiDSt  the  king  ;  and 
then  coaae  the  words,    if  tndetd  any  collateral 


^//,  oV 


words  be  spoken,  which  its  tbetr  <»Wn 
import  not  a  tendeni  y  to  incite  and  sttr  up  thi 
people  against  tbe  king,  it  would  he  luuig^ 
with  ifintttndm ;  and  so  it  would  he,  ?f  then 
were  twenty  averments.  But  1  think  that  thi 
is  as  strong  an  avpjinent  as  can  l>e  (uhat 
all  know  lo  be  true),  that  there  is  hut  one  I  ^ 
and  one  gOTerniiient.  And  then  he  spnkd 
words  in  a  public  .ij^stniddy,  *  We  have  I 

*  ;«nd  so,  and  li  ihey    would  do  no  and  j 
which    carries  forcibly   and    preg-na 
sense,  that  it  cannot  be  rntended  to  T 
agiunst  any  one  else,  but  sgainiit  1 
the  government;  especially  now 
diet,  when  thr      '■-    f -^ '  ^^-^  ^-  o 
raise  up  tbe  ; 
discourse  is  1;.  i. 
teoditig  that  way 

Wy  lord,  we  are  now  upon  i1>e  fot 
iudictnieot*  Put  tbe  case  1 1 
expressions  in  it,  as  I  may  gr 
if  the  greatest  part  import  treason,  sedil 
rebeUion,  and  are  laid  to  be  done  to  incil 
people  to  rebellion,  and  so  foood  by  tbej< 
then  the  indictment  is  well  lairl,  And  Judgi 
must  be  w-ivcn  for  the  king.  The  ftrrt^ 
are  highly  derogatory  to  the  king,  and 
be  understood  tg  V-  spoke  of  him.  If  iIm  , 
BOiier  had  thought  these  words  would  not  title 
been  treason,  if  be  had  demurred  in 
by  that,  as  the  jury  tind  it  now  here, 
have  confessed  tt  V)  bave  been  sp( ' 
king ;  for  it  is  said,  he  apoke  it  to 
and  he  spoke  it  of  tbe  people  of  fin[ 
to  say  that  Populuf^  may  mean  th 
France's  people,  as  Mr.  Vvallop  wool 
certainly  no  man  can  think  that :  For  wh< 
speaks  m  English,  to  an  English  auditory 
public  assembly,  That  the  people  um" 
docking  to  the  king,  how  can  that  kiag 
the  king  of  France  ?  and  how  can  the 
people,  by  any  iateodmeiit,  but  a  very  fMgo 
and  fiti-avige  owe,  be  iu^  *  rtijf 

the  French  people  st^  ^ 

for  lo  be  cure<l  of  tlie  km-  1.  ^'^-  *'« 

himself  sai^s)  the  Freneh   "  >mkA* 

power?  No,  That  does  fix  a  ^„ut.^  .iUily  up* 
our  own  king. 

Pray,  let  us  consider  then,  what 
can  the  intendment  of  these  wonla  ' 
low,  *  We   liave  had   now  two  wic! 

*  together  ?*  As  for  that  objeetion  of  th« 
hmmul,  that  it  meaa»  t^i^ ether  at  one 
tiiat  sure  can  have  very  little  in  it,  it  baifljf* 
he  taken  according  lo  i'nrpm^»n  uudtfrfttal^f 
in  our  dialect ;  and  in  r  1  n  iay  irabi^ 
bad  now  two  wicked  i.  uar,  every  ^ 
will  underatand  it,  we  Um  m-ni  one  aft«  »* 
other,  because  we  have  but  one  king  •*  • 
time. 

And  then,  ray  lord,  if  the  latter  words  *•• 
left  out,  with  submission,  I  r-m.-.^,%«  u|iOfi  ^ 
authorities  that  are  in  our  "♦«  ^^. 

would  ha*  e  been  treason   u,  niMtuXt^ 

25  Edw.  3,     For,  my  lord,  in  a  pubiie 
biy  of  people,  which  is  an  unlawt\xl  iMf 
as  this  waS|  to  speak  t uch  woi^  df  tilt 


889]  STAtE  TRIALS,  36  Charles  If.  1 684.— /or  High  Treason. 


[290 


wAnld  he  treason.     For  put  tlir  case,  lie  hail 
collected  a  number  of  amitHi  men  al  lluunslow 
lleath,  and  there  ex  boned  tliein  to  stnn<l  to- 
Ifcther ;  that  the  kinij  wat«  a  wicked  prince, 
aoil  had  niis^jfrn  ernetl  himself  in   the  ailminis- 
trai'An  nf  ttic  trnvi  ntmeiit ;  I  think  that  would  ; 
be  iifM>x»ii  ^HiJjin  ilie  law.     IK  the  new  sta-  j 
ti!»:\  li>  sny  the  kiiii/  is  a  Pupiit,  pbiinly  is  a  * 
Pr. '»..•;•  ••/#■(.• ;  Irit  to  vay  th*'  Kinjf  is  a  ^ticked 
kiufir,  aii«t  hns  niisgo^trned  iii»'ise!f  in  intrt)- 
duciRs:   Popery  j    th.ii  in  a  bt«*i>  further  than  j 
whai.  the  act  nrw:«;«;  i   V\rtiwnhr ;  for  vhe«ie  : 
veiTurds  to  stir  ;i|)  tlie  {»C'»;)le apfainst  the  king", 
«[iect<i.My  prea«:!iH= !  i'l  a  p'lblie  asKcmbly. 

Tiien,  Lny  hud.  you  v.  i\\  i::ke  all  these*  \^onls 
to^etli^-r  ;  first.  P.'f.r  ho  \v\Ct  :\xt\vu  away  that 
great  authority,  a»:d  ^j^reat  i»ov.er  that  tlie  f«i»d 
rfHrjiveii  hath  ::'Voii  to  tlio  V\\\<i^  in  cuving"  : 
the  kind's  evil,   and  deflurd   hiui  :o  lie  a  ' 
nickc'd  |ir:ni'e,  by  suiii^rlnjr  Popery  to  come  | 
\       inder  hiss  nose,  end  that  l)e  was  to  be  compared  ] 
j       ttnone  Imt  wicked  Jor'»boaui;  nnl  thee,  to  I 
'        abort  tlie  people  lo  **taiid  lo  thvir  priueiides,  | 
(       ad  he  <1h1  not  dou'  I,  nut  they  .she-.dffcnerrouu'  • 
tbeir  enemies,  wLu-t  can  b«»  plaiijcr  Treason?  ; 
For  it  is  plain,  that  he  did  speilk  to  the  people, 
to  the  congrefjfation ;  ai'.d  thai  can  n^ vt:r  In^ 
MDden»»ood  othcrwi-e  by  thf*  eouit,  nor  by  the 
ketrers.    For  that  intevjiretation,  that  the  kin^ 
shouhl  overcome  his  enemies,  it  is  forei^  and 
ridiculous,   and  not  to  i>e  ima^neil  by  any 
body,  tiial  has,  either  sicnse  or  ix-ason* about 
tliem. 

But,  my  k>rd,  I  hh.all  leave  all  this  (the  Jury 
having  now  found  it)  to  shew  what  preeedt^nts 
v^e  <^Hlld  prepare  lor  vour  lordslii|> ;  how 
thinus  1^  tdis  nature,  have  bten  used  to  Ije 
drawn:  For  we  have  miide, fur  the  Hitle  time 
we  had,  as  ((oimI  a  search  as  we  c:ui ;  anil  1 
have  found  several:  And  iitdecl,  I  cannot  fuid 
one  otherwise,  than  as  this  is.  And  for  late  in- 
fbrniations  and  iDdictment*;,  if  vou  cxniMiuethe 
clerkn  that  now  are,  tluy  will  toll  you,  that 
there  is  not  one  othiTwise :  But  ti<at  if  it  b<' 
said  to  be  done  with  an  intent  to  raise  rebel- 
lion or  war  njpiinsl  the  kinv;^,  or  sedition,  or  the 
like;  and  then  say,  lie  spoke  h\iv\\  uiiM  sneh  ■ 
wurds,  that  is  suHirient.  l*Mt  f  will  sli<w  your  ■ 
lordships  soxi\^  aneieuier  prereilents,  soiue  few  j 
which  will  .shew  how  tiie  iiiactice  \\<a^  hereto- 
fore. I 

The  tin.t  is  3  11.  a.   Hut.  17.  in  tl.i^  Indict 

nent  against  my  l.)rd   Grey  of  hii^h-tn  ason 

ifter  the  (general  eharnfu  of  in.ii-luiiHti:;^  th( 

,       destni.-tion  and  dtatli  of  the  kiii;^,  and  sub-  ' 

Tersion  of  the   g-ovfrument;  it  is  said  there,  , 

i        that   prodilurir   he    did   spcik   ili{-se    words,  ! 

*  That  the  kin-^'s  grace  sli(ndd  l;e  dri\  vu  out  .d"  j 

*  tlie  rfului,  and  tin-  pr.ixe's  jfrr.cc  should  I 
'never  '»u%  cet.d.*  .\i».!  \\  is  not  uvprml  that  ] 
these  \i  oris  uore  sjmUj  ::  of  jI:..»  kiii'^f,  and  ol  '. 
theprinc*'.  Uf>v  wns  ilieiv  an;,  lu-i'!  \\  sliouUl  bo  . 
irwtd  ;  li»r  the  w.irds  pl::i'  !y  ijoj'oit  thev  '• 
•ere  s|Kiko'.i  of  ihem  ;  r.iuJ  iUv.  i . ,  ni'j;  it,  that  It 
was  to  rarse  sedition  wiiliiu  tlJ*  realm,  wns 
ntticient  to  make  thcui  hiufli -treason. 

'  Then  the  uea^t  is  my  lord  Cobhaiu's  Case, 

VOL.  S. 


1!  Jac.  Scssione  Ima ;  for  it  is  one  of  the  great 
records  that  lie  in  the  che.<tt^  amongst  the'  Ar- 
cana. Uut  by  tlie  iHiuk  in  the  otiice,  we  have 
a  copy  of  it ;'  but  thei-e  is  the  record  in  the 
chest,  and  there  it  is,  *  i'osteaque  12  die  Juuii, 

*  ultimo  piroterit,  ac  diversis  aliis  diebus  et  vi- 
'  cibus,  tarn  posteaqunin  antea,  dixerunt,  s.Scc.* 
(for  there  are  4»tlier  del'<  ndants),   proditoric 

*  there  will  be  no  t^ood  till  the  kinif'  (meaning^ 
our  sovereign  lord  the  king)  *  and  idl  hiscubbi, 
(nieaniiijtr  the  children  of  our  said  lord  the 
kin«:)  '  were  quite  taken  away,  'Ncc'  I  leave  out 
tlie  t«^r'nend  clia:-j;e  «»f  t!o'*niaehiniition  and 
contriviiio^of  the  dt-.'iih  oi  tbe  king;  init  to  the 
intent  to  elf;  et  iIim!  feaso!*,  i.;ifh  wenis  wei-e 
spoken  without  \\vy  :i\crjner.t.  that  they  were 
sjiokin  *<!.•:  resfo."'  There  ^^asno  meii'tion  of 
the  pr<i»eny  of  the  kiiijr  before;  or  that  the 
eubbs  that  w  *•!•<•  sji'iken  oi'wi'i'O  ihe  kiiiir's  chil- 
dren ;  lii'iiher  would  the  vur.^ls  *  regalis  iiro- 
'  genies'  answer  t!io  Kn^iu^h  word  '  ciibos ;' 
which  was  a  u ord  jduisivcly  mentioredby  him. 
Hui  in  that  case  it  wis  hVid  to  lie  a  good  in- 
dictmfiit;  and  sir  Viuiter  Kaleigh  was  con- 
demned uptin  it.* 

Anotber  is  Williams's  Case  ;f  and  that's 
very  like  our  fa>ie  in  the  l'.:st  pr.vt ;  that  is,  the 
first  words  iiisisitd  up-'^u  are  Isi.id  positively  tf» 
W  sjjokon  *d*  kire;  ,!:'i;ves,  by  an  innuendo, 
Pas.-.h.  17  Jat".  i?.t.  1".  tl:":vr  I'fier  the  '  Ma- 
'  ehinatiS  el  ir.terdri:.:.  \-<'.'  ii  is  laid,  that  he, 
such  a  «!-^y  «;fSemeo.l>v»i-.  *  ;iv.»  M!;>riiM!evisavit' 
a  trea-oiiable  boil*  called  I*  i'::5jm\  Ass ;  where- 
in there  are  .^\\i\\  r.i.ti  such  irassages  applied  to 
the  kinir  by  the  iw«.<cw</<>.  Tbe*re  is  nothinj^ 
said  of  that,  to  be  spoken  of  the  kingp,  *  de 

*  rege  ;*  but  the  words  of  the  book  carrying" 
their  own  plain  sense  and  meaning'  in  them, 
that  tlii>y  must  b^  intended  of  the  king^,  and 
the  goveVnment,  that  was  suftieicnt  to  maintain 
the  uidictment ;  aiul  be  was  execuled.  The 
innurnf/us  are  not  inaterial.  If  it  can  have  no 
oilier  sensc>,  that  is  eiioegh  to  maintain  the  in- 
dictment. 

lily  lord,  in  Fitzharris*s  Case,§  which  your 
lordship  sr.id  jdl  the  eonrt  rtinember;  part  of 
iIh^  li'/. !  v;  laied  to  the  duke  of  York,  l)y  the 
letUMii  J.)  of  y.  and  sometimes  only  called  by 
the  letter  K  and  the  king  hiniseU*  by  the  letters 
CV/.  And  the  innuendo  is,  meaninp^  our  so- 
vereiq^n  lord  the  king ;  and  there  is  nothing 
avei-rVd  in  that  case,  and  ind(?tHl  there  can  he 
iKithing  averred  ;  for  by  the  unpoit  of  the  things 
it  must  have  that  sense. 

Colonel  ISidney*s  <'ase,|i   my  lonl,  youMl 

*  .Sre '.ol.  'i,  p.  1,  of  this  Colbetion. 

f  *<et;  vol.  V,  p.  lOUo.  In  Shower's  Re- 
port of  this  Case  ol  Itosewdl,  tht;  (  Iiief  Justice 
IS  rtp-CMMitiMl  lo  lia\e  said  to  the  king's  comi- 
sil,  in  WilliaiuH'sCnst",  '^  the  book  was  de«li- 
euiod  to  tlie  kir.ij;  and,  I  \m\\  teil  you,  that  if 
\on  U:\i\  laid  it  t'.iat  le-  sptdvc  tbov'e  words  of 
the  kiiijr,  *uul  yy.i  bad  pr.>\  !  onlv  the  words, 
I  would  ii:\(''i:rt  ;i  to  •Ik'Ji'.v  whether  ihey 
belii^cd  I'.ioL  iio  v:}»'»lvi'  the  word-  of  the  king*.'' 

§  Sec  vol.  tJ,  p.  CU3.     It  See  vol,  9,  p.  HIV 
U 


991 J     STATE  TRIALS,  36  Cuaelbs  1L 

fiuil  to  be  the  same :  thciv's  no  avermeDt ;  but 
the  wonis  of  the  libel  are  brought  in  witli  an 
innuendo. 

And  you  have  another  indictment  at  Salop, 
SI  Car  S.  One  Pitt  was  indicted  of  hiah- 
treason,  and  con\icted  for  these  words,  *  Ifthe 

*  kingshduld  hanff  or  banish  an^  of  the  papists, 

*  his  throat  sh«tli  be  cut.'  This  is  laid  in  the 
same  form  in  ilie  indictment,  as  we  ha?e  it 
here  in  our  case.  If  you  please  it  may  be 
read  that  he  did  '  ad?isatp,  proditorie,*  speak 
aucb  and  such  words,  *  if  the  king,'  meaning 
our  sovereign  lord  the  king,  witliout  any  pre- 
vious discourse  of  the  king,  or  saying  it  was 
•poken  de  rege,  *  should  bang  or  banish  any 
'  of  tlie  pa]>it4i*  (quasdam  personas  mala  dis- 

*  positas,  &c.'  innuendo)  *  nis  throat  sliall  be 

*  cut'  He  was  convicted,  I  say,  and  I  think 
was  executed,  though  I  cannot  directly  tell 
that :  but  this  is  the  record  ol*  his  conviction. 

So  I  take  it,  it  is,  with  submission,  that  the 
precedents  go  all  along,  both  in  criminals  that 
mre  not  capitals,  in  indictments  and  informa- 
tions ;  and  also  in  indictments  for  high  treason. 
The  charging  the  words  to  be  spoken  to  stir 
up  sedition  and  rebellion  within  the  kingdom, 
without  the  help  of  any  averment  whatsoever, 
18  sufficient ;  that  is  a  strong  implication  tliat 
Ihev  are  spoken  of  the  king  and  government. 

And,  mV  lord,  as  to  these  words  they  could 
■ot  be  laid  otherwise,  than  they  are  in  this  in- 
dictment ;  for  this  is  all  that  the  persons  tliat 
are  the  witnesses  swore  was  spoken.  Your 
lordsliip  remembers  it,  it  was  so,  when  they 
B'ere  here,  tliey  could  swear  no  more.  So  that 
to  have  averred  that  he  K|>oke  to  them  '  de 

*  rcge  et  gubernatione,'  would  have  put  a  proof 
upon  us,  that  our  witnesses  woulci  not  nave 
come  up  to.  We  must  have  proved  a  discourse 
of  the  king  and  government,  and  a  swearing 
of  the  words  would  not  have  been  a  proof  of 
that.  The  jury  has  found  that  this  was  done 
to  stir  up  sedition,  and  to  levy  war ;  there- 
fore, I  conceive,  according  to  the  constant 
course  of  tlie  precedents,  there  is  no  need  of 
any  averment;  but  the  wnnls  are  well  laid, 
«nd  well  proved,  and  he  well  couvicted. 

To  say,  that  enemies  is  a  very  <veneral  word, 
and  that  we  have  enemies  of  all  suits,  and  that 
therefoiie  a  bare  innuendo  cannot  make  it  mean 
one  more  than  another,  is  odd  in  tliis  case  : 
Ibr  I  would fiiin  have  any  mau  assign  me  what 
sort  of  enemies  he  could  be  thought  to  mean. 
In  such  a  discourse  he  could  not  inea  spiritual 
enemies;  because  the  instiuiuents  hat  tlu*y 
were  to  be  destroyi^d  with,  were  carnal  wea  • 
pons,  broken  pitchei-s,  and  a  stone  in  a  sling. 
These  arc  not  tit  for  overcoming  spiritual  ene- 
mies ;  but  they  must  be  such  enemies  as  can  be 
destroyed  by  such  instnimenls,  camul  entinies 
that  are  to  be  vant|uished  by  outivard  force. 
And  tlien  what  enemies  can  such  a  public,  un- 
lanful  assembly  have,  but  the  govemnient .'' 
AU  that  arc  oi'tLeirown  sitleand  party  are  none 
of  their  enemies.  And  it  cannot  be  taken  dis- 
triUitivelv,  that  evary  particular  man  has  his 
mfiiuyf  tuat  is  a  Ibreign  ondorstandiug  :  but 


l684.— TKo/  of  Jhmm  RoieweU^     [S9f 

when  be  spoke  to  the  congregation  in  a  con- 
venticle, that  tliev  should  overcome  their  ene- 
mies, being  so  unlawfully  assembled,  that  must 
be  the  government.  And  bad  he  not  told  ^oa 
before,  who  were  the  enemies  that  he  plainly 
meant  ?  He  had  said,  that  the  king  was  a 
wicked  man ;  and  according  as  he  represented 
him,  an  enemy  to  God  and  man  by  introducing 
Popery  into  tne  kingdom.  And  you  are  to 
consider  the  time  when,  and  the  place  where 
these  words  were  spoken.  We  know  that  in 
these  conventicles  it  has  been  the  constant  cry, 
that  we  should  be  all  over-run  with  Pdnery,  and 
the  like :  and  therefore,  that  is  coniuteraMe  b 
the  case. 

Mv  lord,  I  make  a  great  difference  between 
wonfe  spoken  in  private,  and  wmds  spdun  in 
a  great  and  large  assembly.  It  is  tne  nme 
thing  as  if  it  had  been  spoken  at  the  heed  of 
an  army ;  especially  when  people  meet  con- 
trary to  the  laws  of  the  land  in  defiance  of  tko 
government,  and  gather  together  in  tncbgrMi 
multitudes ;  and  have  such  diaooursei  and 
opinions  broached  amongst  them.  1  cannot 
see  truly,  how  it  is  possible  to  have  been  better 
laid,  being  sworn  directly  as  it  is  laid ;  woA^a^ 
pecially  being  ibund  to  be  all  spoken  to  die" 
tlie  government,  and  to  raise  sedition 
rebelRon.  Thereibre  I  must  submit  it  to  ^ 
lordship ;  and  pray  your  judgment  agaiMlbt 
prisoner  for  the  king. 

SoLGen.  My  lord,  I  b«flrlpareto  add  out 
word  on  the  same  side.  That  which  I  rinJI 
apply  myself  to,  is  to  shew  that  thia  is  a  i 
good  indictment,  in  the  form  of  the  in  ^'''~ 
and  that  upon  this  matter  which  the  { 
proceeded  against ;  for  it  could  not  be  better. 

My  lord,  the  tact  charged  upon  the  | 
is  as  Mr.  Attorney  has  opened.  Then 
were  spoken  in  a  ccniventicle,  *•  The  peoplit 
«  make  a  flocking  to  tlic  king  to  cure  the  unn 
'  evil,  which  he  cannot  do,'  lee.  These  are  m 
words  upon  which  the  prisoner  was  co 
mitted :  tnese  are  the  words  u|M)n  which 
is  proceeded  against;  and  these  are  the  woi 
wliicli  have  been  found  against  him.  Ani^ 
my  lord,  more  words  than  these  are  nH 
alledgeil  to  be  spoken  by  the  prisoner,  nof 
prov»l  to  be  spoken  by  him  at  bis  tliol 
upon  this  indictment.  Therefore,  if 
uordsare  high- treason,  this  is  a  good  in 
ment  in  substance,  if  it  proves  so  too  in  i 
.'\nd  whethtT  these  words  are  not  themselfot 
treason,  1  shall  not  now  speak,  but  bhall  on^ 
go  to  shew,  as  1  said,  thai  it  is  a  good  indielf* 
ment  in  point  of  furin.  Fur  these  words  am 
his  crime,  as  sp<»keu  in  tlii^t  conventicle;  an4 
the  only  crime  of  whicii  he  was  accuoed,  and 
of  i^hich  he  is  found  q^iiilty. 

Now,  my  loi-d,  lei  us  sec  how  the  indictmcil 
is.  He  is  charged  uitli  compassing,  lan^- 
gining,  and  intending  to  raise  i-ebelUon,  adi  -* 
levy  war  in  th«i  kingdom,  and  to  depose  Atk 
king  ;  and  to  bring'  the  king  to  dcstnictiiNI| 
that  is  the  charge  of  high  treason,  in  tbekiai. 
of  it.  Now,  as  that  is  the  diarge,  it  ia  A 
absolute  necessity   to  alledgc .  an  OTert*ii% 


STATETRIAL8»  36Chahle§  II*  i68l.— /<^  High  Treason. 


fsgf'j 


irludt  miHt  t^  |irov^  tt>o ;  atidiftlierc  be  not 
tftorerVact^  the  indict oi^ot  isoauglif.  Well, 
thia,  the  trrtson  is  coin{»ju»Mifig  theaejtth  of  the 

111^  to  rai««  ^ition,  and  levy 

uve  oTert-«rt  churgetl  \i\w^ 

\\\h}\  to  bring  such  Kb  wicketrmirposes 

1I»  be  diti  traitrroutly  speak,  [niUlbh}  and 

^be  words  of  the  act  of  [lattiiiineni,  iu 

IS  Ci.  f  ,1  in   no  unlawful  assf^mhly,   in  the 

■pesfuce  of  diveri  of  the  kind's  Ruhjocis^  these 

ord«  that  I  rcfteated  before  to  your  lordship. 

No»r,  my  lord,  I  ask  ;  are  these  words  trea- 

[too  ID  l|icfiitel?pft«  or  «re  they  not  ?  If  they 

of  theriificK^efl^  then  the  indictment 

dj  g9od  in  form,  witliout  saying-,  that 

!  the  words  of  the  king,  or  of  the 

e  of  En^laod,  suhjects  of  the  ktoff.     For 

they  do  imp»rt  thiit  of  theni salines,  or 

fdonoi.   !fil  r«ortitof them«elres, 

rsijing  thai  !  L  them  of  the  king-, 

the  people,   would  have  been  imperti- 

idle,  i>pcaii*j*^  it  is  a  tliiog-  manilestly 

f  iiaelf.     If  they  do  not  jmport  this  of 

then  bad  it  been  charged,  that 

W«T«    tpoken  of  the  king  and  of  the 

pvople,  this  must  hare  been  proved. 

TbtfQ  00  then,  my  lord  :  if  it  must  hare  been 

»fcq^  it  mu^  have  been  prored  either  hy  the 

Uiemitetres,  or  by  something   else.     If 

m*  to    be    proved  by  the    words  them- 

rn  \  why  then  it  returns  to  the  ohl  question, 

f  •«  nee<i  not  altedge  it.     If  it  were  to  he 

tjtei  by  fomeihing  else,  then  the  fault  is  not 

I  di«  indictment,  but  it  must  be  want  of  other 

r  thin  what  our  witue-sses  would  pro  re  ; 

lun  iure,  would   have  been  a  very 

I  in  us  to  ha?*^  drawn  upon  oorsches. 

*ilie  vftiv^s   ittiport  of  themselves  the 

to  be  of  the  king,  and  of  the  people 

'^i  ;  then  it  is  (dain  they  make  the 


words,  that  they  do  not  import  in  themseUe 
flucli  a  rneauintj.     And  Oierefore,  1  thmk,  with'] 
suhinissioD,  1  have  m.iinlainod  iho  formof  thtH^ 
indictment  beyond  all  tHjnlradktion  ;  and  not-, 
withstanding  all  their  objections^  it  is  a  verj" 
tfood  form  without  the  words  *  dixit  de  re^e»  vc 
de  populo/ 

Ah  Mr.   Attorney  said,  it  is  necessary,  mj 
lord,  in  actions  on 'the  case  for  dander,  to  avcf 
*  dixit  de  querente/  because  he  most  ascertairi^ 
the  nerson  of  whom  the  words  arc  Sipoken,  t<i 
be  the  very  plaintift';  for  there  may  be  divert 
of  the  same  name :  and  you  must  always,  upo 
a  record,  ascertain  the  person,  to  entitle  th 
])laintiir  to  the  action  :    but  where  ivorrls  ar 
pregnant,  and  fuU  of  themselves,  there 
no  averment  in  such  a  case  ;  which   w  ithou 
sucli  pregnancy  w*ould  be  necessary,  and  if  m 
done,  the  action   would  faiL      As,  iu  that  i 
that  was  cited  by  Mr.   Attorney  of  sir  M\\^i 
Fleetwooil ;  if  it  had  been  that  the  words  wef( 
sir  Miles  Fleetwood  has  deceived  the  king:, 
would  not  have  borne  an  action,   unless  it  ha 
been  averred  to  have  been  K}K»keQ  of  him  as  ( 
cozening  the  king  in  his  office :  because  ge 
nerally  to  say  a  man  has  cozen etl  the 
will  not  bear  an  action,  it  is  so  loose.      Du 
when  he  says,  Mr,  Deceiver  ;  the  ironical nt« 
of  that  shall  not  excuse  him,  but  rather  < 
monstrate  both  who,  ami  what  he  meant ;  that 
it  shall   be  applied  to  htm,  as  doing  it  in  his 
office.      And,  bemg  so,  it  must  necessarily  be 
understood  to  be  a   verj'  great  slander  ;  'and 
then  it  needs  no  averment.     8o  says  the  bfxk. 

Ho  that  where  words  are  plain  and  full,  c.cn 
in  an  action  on  the  case,  there  reriuires  no 
avenuent :  but  in  indictments,  they  being  for 
offences  against  the  government,  the  very  an- 
cient forms  used  will  govern  the  case,  as  well 
as  the  reason  and  nature  of  the  thing  ;  that  no 


of  themselves,  and  there  requires  no  |  one  can  be  meant,  by  such  sort  of  wonU,  but  the 


iivvndii. 

As  oow,  for  instance,  my  lord,  to  change  the 
words  a  htile,  to  illustrate  the  case;  as  sup* 
t  ti  ha4  been  charged  in  the  indictment, 
I  bo  bring  his  wicked  purposes  forth  to  effect 
edid  speak  these  words  in  such  an  tissembly, 
^vicure  to  yourselves  arms,  and  make  your- 
""  idy  by  such  a  day,  and  go  to  nhiie- 

ad  kill  the  king  ;  would  any  man   have 
ETf,  that  it  was  nece-ssary  that  we  should 
Jtn  the  iiiitictment  that  he ''  d)x:it  de  populo, 
^  '*?iide  R-^gt?,*  so  and  so  ?  No,  cei-taiol  v,  it  ia  not 
ttrosoary,  because  the  words  plainly  import 
iMr  own  meaning* 

So  here  in  this  ca»c  ;  if  the  words  them- 
Mlvct  neeevtarily  import  to  be  sf»oken  of  the 
loigt  it  is  as  impertinent  here  to  say, '  dixit  de 
*  R^^  dixit  de  populo,'  as  iu  that  case ;  because 
K  b  no  more  than  what  thf y  necessarily  and 
naturally  import  of  (luinsclves  ;  which  shews 
that  this  averment,  tiiat  thev  would  have,  is 
alaolutrly  immaterial ;  and,  if  Jt  had  beeu 
ihirgrd.  would  have  reqtitred  some  other  proof 
ikMI  the  words  themselves.  And  so  the  tault 
^BUttol  b«»  at  they  would  alletlge,  tn  the  form 
•Ctlkt  btomeut  y  but  m  the  substance  of  the 


king  and  the  gov  ernmcnt :  and  for  that  I  rely 
upon  the  precedent*  that  have  been  cited,  that 
the  fonns  wew  always  thus.  The  precedents, 
with  humble  submission,  where  the  overt  act 
laidiu  th(?  indictmcMit,  i;;  by  words  s[>oken.that 
it  is  said,  *  dixit  de  Domino  Rege,'  ^c.  There 
is  not  one  that  dues  ever  carry  it  so,  but  the 
forms  are  constantly  iu  the  same  manner  with 
thi<  that  i-i  now  before  your  lordship,  without 
such  averment,  as  carrying  plain  surplusag* 
10  aver  that  which  the  words  necessarily  im- 
port. 

To  say,  my  lord,  in  this  case,  as  we  bear  i 
objected  on  the  other  side,  Thai  these  lorm 
passed  '  sub  silentio/  and  no  such  olyt*ction 
was  ever  made,  I  say,  that  is  no  ohj'-'ctiun  to 
our  indictment :  fur  the  at  gument  sui^e  turns 
the  other  way  ;  because  the  forms  ha%«*  been 
constantly  in  this  manner  that  ours  is,  thcrdbro 
tl  is  assigned,  that  what  they  otfer,  is  no  ob* 
jection  at  all ;  for,  douhtksx,  m  so  long  a  tract 
ot  time,  when  so  many  learned  men  sat  on  tlio 
bench,  and  »c  many  learned  of  the  king's  <Miun- 
sel  attended  the  king's  courts,  and  so  many 
persons  have  been  indicted,  tried,  and  sutfcred 
upoQfuch  it  dictments,  who  would  have  saved 


995]     STATE  TRIALS.  36  Charles  II.  l684.— Trtri  of  Thomi  Ratemlh     [996 

their  lives,  no  doubt  if  they  could,  by  ninking 
Kuch  advant^igt"  oC  such  an  exception  ;  that  is 
a  strong  arj^uuii-ut,  that  it  was  never  thoug^ht 
an  exre|)ii«»n.  So  that,  besides  the  reason  <if 
the  thiiur,  ttio  {iiwcciiuiis  art'  uli  witli  us,  which 
hatii  a!\v;iv.<>  lii-vu  ai.'.:ur.iUe<l  a  good  artfuincnt. 

r»iy  lord.  iiaiT::!  !ii;iuy  of  us  remember  the  ! 
ir.ili.'  tiii^nil-i  i*:'  iutier  liiUL-s :  paniculari y  that  of  { 
coloiK'l  Mdney  :  lhou!;jh  there  is  another  overt-  | 
net  UiU  iii  tlial  iudicniient  t<>o,  yet  that  is  no- 
thiii'j  to  this  ej;«L\     11'  there  hi-  but  one  overt-  | 
act  laid  in  tlie  indictment,  it  mnst  bn  proved  > 
by  t\v<i  uitnessvs  ;  but  if  theie  be  several  overt- 
acts  laid  in  the  indictment,  and  one  is  ptuvHl 
by  one  witness,  aod  tlie  other  by  anotluT  wit- 
ness, that  is  suHieietit  to  maintain  the  indict- 
inent.       In  3lr.  Sid:ie;/s  case  there  was  to 
one  fact  but  one  witness  ;  and  tbercfore  it  was 
nt\xrssarv  to  lay  snotherovcrt-eet,  which  was 
prcviMl  by  otla-r  witnesses.     And  one  overt-act 
comos  to  this  point  that  i:«  now  in  cpiestion  be- 
fore y<»ur  lordship.     It  is  in  this  form  dirf»ctly 
M'itJiont  an\  averment  that  the  words  were  spoke 
or  written  "*•  de  Kegfe  or  de  Ilegimine,'  but  that 
the  book  contained  so  and  so  :  and  the  tliint; 
itself  speaks  itself  of  whom  it  was  meant.     If 
therefore  the  words  in  that  case,  being"  proved, 
were  necessarily  to  be  applied    to    tlie  go- 
vernment of  Enjifland,  there  need  no  averment: 
No  more  does  there  here. 

My    lord,    not    to   trouble    your   lonlship 
fiirther  in  so  plain  a  case,  the  pri*ce<lents  bein^ 
thus,  and  it  being  knoivn  to  l>e  the  constant 
practice  in  point  of  form,  I  would  tain  Know 
what  they  would  lia\e  had  us  done.    The  wit- 
nesses swear  these   are  the  words,  ar.d  there  ] 
arr.  no  more  ;  how  thou  e:ui  we  frame  a  hitler  , 
indii-tmi'Mt,  than   iiptin   the  words  that   tln^y  • 
swtMr  were  i.p<ikeni*    3ly  lord,  we  pray  \our  j 
judgment  for  tlu*  kinj^.  "  '         \ 

jL,  C.  J.  >Voll,  ha> r  \  on  done  ou  Imih  sides  ?  ! 

Wr.  AlUy.niti,  Ye.s,  n:y  lord.  j 

L.  C.  J.  Truly  fur  nj\  j)ari,  I  think  this  is  , 
a  ease  (d'l^^rent  c;;)ns(.M'iMUCe  on  the  one  si.le,  1 
and  on  »i»e  olher.  I  hear  i;  is  suid  theiv  are  j 
abundance  oi'preertU'nts  in  the  ea&<',  utiw.  ha>e  I 
been  itu-ntiiMud,  and  it  is  n<  ix-ssary  wa  sluuild  ■ 
look  uj«'.ii  ihi'sc  precrdi'uts,  hcline  we  <!e!i\er  ! 
nn\  ah.xolulc  jjpiiiicn.  JJjit.  tn:ly  I  n;a..t  bay,  '■ 
IMr.  Attdrnrv's  prretMlcnts  hu\c  with  m?i^ci'v 
Jiliie  weight*.  And  I  mustilifl'er  iVom  Mr.  M-  I 
turuiy  in  antdher  thin*; :  tor  if  i::  t-iuic  the  last 
wcinls  v.Arc  out  ol"  the  ea^**',  of  *  s*».Hli::;j  lv»  ■ 
•their  principhs.  and  o\e:\N:i.;ijiiv  ihcir  one-  '• 
'  mics,*  do  \<Mi  liiink,  that  hcenisr  it  i^:  s;.i.|  jn  I 
tilt'  ion*  pari  of  tin-  iii'.irtuii  n'l  tli.ii  W  \\.Ui\m"\  | 
tiie  d^.ath  of  tin  Wiuir,  i.n.l  to  raiv  n-hciliuii.  j 
and  tlu'reloH'  sij'l,  lfnri'  *  wan*  mn  wjoke*! 
*  kiiiys  uho  m:1!'«  r.il  t'!>|.t  ly  lir.ilti  il  .  i.-nosis,  . 
and  wiTV  ti»  b:?  iikenrd  ii>  Jn-ib'-ani ;  lij..:  tisul  , 
wouM  U*  a  g^immI  indietii:;*!*!  for  hl<;!i  liC-aMUi  '.'  1 
TIk'o  it  wni'  plain  tin*  mX  of  parl::'i..i  ut,  i;;  j 
r'ar.  '2.  was  n»ade  to  no  purpose.  I'er  thou:;ii 
1  doubt  not  in  the  least,  v.'onls  nia^  be  an  oven-  • 
act  (A'  lii^li-ti'f  ason,  in  compassin;^  the  death  of  - 
the  kin^,  upon  the  stal.  of  C.>  i:ldw.  3.  I  make  ■ 
no  ditiiculty  iu  the  world  of  that:  so  was  my 


lord  Cobham's  case,  and  so  w]pve  the 
in  Harry  the  eiyfhth's  time,  *  We  will  drire 
the  kin{j^out  of  England,'  or  any  things  of  that 
nature:  1  say,  that  woidd  be  an  overt-ad 
sufficient  to  bfin{;  a  man  within  the  compaaaf 
the  statiite  of  *i  >  Edw.  3,  because  those  are 
ex'pn^ss  words  tending  to  the  death  and  de- 
struction of  the  kintf,  the  deposiu^r  him  and  de- 
priving him  ;  and  they  call  him  the  kuig.  But 
if  a  man  comes  and  says,  That  such  a  one, 
with  a  pu!*pose  and  intent  to  destroy  the  king^ 
said  these  words.  That  the  king  could  not  cure 
the  kin^jr's  evil ;  that's  not  such  an  overt-act  at 
to  make  ^ood  an  indictment  of  hi^h-treason. 
And  to  say,  that  the  kiiiif  introduces  Pc^ieiy 
under  his  nose  into  the  knigdom  :  why  it  if  b 
very  lii-^h  crime,  but  it  is  prescribed  by  the  act 
of  parliament  to  be  prosecuted  only  as  a  .iiui> 
demeanour,  and  punished  b\  Pramunlrc,  If  yon 
look  into  that  statute,  you  w  ill  tinci  which  waj 
the  words  shall  have*a  tendency,  that  are  to 
convict  :i  man  of  treason  ;  that  is,  that  teirf 
to  the  imprisonment,  bodily  harniy  death  ar 
destruction  of  tln^  kinv^,  or  laisiuflr  iuiiurrectioB, 
and  rebellioii  :  or  levying;  war  within  the  king- 
dom, that  is  hii^h -treason,  hut  words  thatM 
nut  nceessurily  tend  to  any  such  things ;  ■•  ti 
say  the  kiri^  is  a  IV.nist,  introduces  Popery,  ■ 
iHrnishly  udecti.'d,  phrases  that  some  people  de? 
ii;rht  in :  tl;at  has  a  peculiar  punishment  ap« 
poi:ite<l  to  it  by  this  act.  And  tliis  is  all  takeo 
uureof,  to  shew  the  judm^s  how  tuey  should 
proceed,  kun^  careful  of  leaving;:  it  loose,  in  n  * 
^rcat  3  case  as  hif^^h-lrcason.  And  tlie  |Murii>-' 
nient  seems  to  be  the  more  careful  in  il,  fao- 
causc  they  make  the  treasonable  words  such  M 
oiiVnce,  cJnrinpf  the  kiujL^'s  life  only.  Now,  ■• 
Tilr.  Solieilor  puts  the  case,  by  way  of  illusti»* 
lion,  in  oJier  words  ;  1  make  no  dnHculty,  bfll 
to  hid  men  pre  pare  arms,  and  ^)  to  WhitebaUi 
and  kiii  thn  kinir.  would  he  rauk  downngfat 
tirnson.  Would  any  man  in  the  world 
to  aver,  t!:at  that  were  an  overt- act  ?  No  i 
\Wi\\\r  wiM'hl.  l)ul  if  I  will  say,  that  to< 
pass  aud  ima;;ine  the  kind's  death,  he  bid  I 
rise  up  and  p*  to  AVhliehall,  and  they 
(k.crtome  tiieir  enciuies,  does  that  import  tilt 
kin;;?  There  is  no  necessity  of  that.  The  kiag 
cannot  b(.'  said  to  be  an  enemy,  unless  it  bf 
plainiv  declared  b\  the  party  himself  who  lli 
iiK':.nt.  And  th(  n  t>  say,  how'  could  it  be  madt 
b« :'i'.(  t*.  no  floiibt  oi'it.  il  nuL>:ht  easily  be  madi 
b.  tl(  r  ir  i;  luui  h. :  a  i  oii.sidered  of.  *  For  if  yoa 
hu(i  f  m:i}"  a:id  u\t.riri!,  that  these  Viords  Wfll* 
sMOi.i  u  r;:ji<  '.ri-lii«^  the  king"  and  the  [teople  «f 
J.nu^l:.>!il,  4  js-.'uiiiU  il  v.oidd  have  made  it  mora 
cert.iiii.  (  do  :ui!  h.Mid  myscif  now  in  luy  o|dv 
nioM,  liy  M  iiat  i  now  tfdfyou  ;  but  I  ani  only 
IiK  ..ki-.iL^  t!ie  nutter.  If  you  had  said,  tliat  M 
b:!i«i,  if  I'.c  will  .stand  i<)  our  prineiplesy  we  sbal 
ili'>.in>\  ti!'.'!ii,  I  ili!:ik  it  \\\\i\  made  the  caio 
stiOii;;t:r  If  ii  times  :  hni  you  have  not  sodoMb 
Indeed,  I  um  u-.?t  so  iiiud  in  n:y  imagiDatk% 
av  tile  counsel  \\)v  the  prisoner  seem  to  bo|- 
*  That  we  have  had  iwowiekcHl  kings  tOflh 
^  ther,  who  have  suffered  Po|)cr>  to  eoiue  vaS^ 
'  their  noses  ;*  that  thercibrc  we  must  run  it  m- 


S97]  STATE  TRIALS.  36  Chablss 

II  ki>g  Etbeibert,  and  I  do  not  know  who ; 
m,  thftt  plainly  in  common  English  s[)cakiDpf, 
■cans  two  kings  successively ;  and  it  must  be 
■ade  a  strange,  furceil  construction,  it'  wc 
thoold  interpret  it,  tbat  he  did  not  s|ieak  these 
Mda  of  the  late  blesaed  Martyr,  and  his  pre- 
snft  majesty.     And  liecause  eueinies  is  in  the 

ell  number,  therefore  to  make  it  nonsensp, 
uae  one  is  destroyed,  if. the  wonls  had 
well  laid,  as  they  mi^ht,  therefore  it 
have  no  relation  to  him  that  was  left,  1 


n.  iGU.'^for  High  Treaion. 


[298 


•ly,  wodM  make  a  stniifre  furce«l  constrnc- 

tiBB.       Tbat   nii<;ht  be  well  enough,  if  the 

umAi  had  been  pro|KTly  laid.      Jiut  wlieii 

TMCome  to  s|>eak  of  etieraies,  innuendo,  the 

by  and  his  subjects?  how  can  tbat  iMssibly 

kef  For  you  had  talkeil  of  nobody  before  that 

Ihqr  are  said  to  have  a  displeasure  to ;  and 

J  without  sayin!^  that  the  kinG;  is  an 

y,  to  say,  '  Stand  to  your  urincipk^s,  and 

*jm  shall  destroy  your  enemies,'  innuendo, 

Wt  kiD^,  is,  I   doubt,  to  stretch  it  a  little  too 

fe    But  whereas  I  have  put  the  words,  how 

Ittakthey  should  have  been  laid;  says  Mr. 

i#Biw,  Tlie  u-uth  is,  Uu'y  were  uot  so  spoken 

•ysa  wouM  have  thcni  laid,  hut  they  are  laid 

alltty  werv  spoken,  antl  as  they  were  sworn ; 

lis  a  point  of  fact  to  lie  left  to  the  jury, 

r  they  aimed  at  the  kingr  and  if^i^eni- 

■M^ar  not.     Do  you  think  that  an  answer  'i 

V«  it  fKmld  bo  the  same  argrumcnt  in  an 

HiM  if  die  case  lor  words :    Where  it  is 

flMitaMt  be  '  dixit  de  quercnte,'  you  do  so 

•ii  ML   Mt  declaration  must  aver  It,  and  1 

■■ft|H«a  it  toil.     Iff  do  not  say  it,  though  1 

IHStd^dnt  will  not  maintain  tlu:  action  :  if  1 

diSNltaod  not  prove  it,  it  will  not  uiniutiiin 

lliMvation  ;  all  is  naupiit:   and  what  is 

.  .*  in  this  case  ?  if  vou  hail  said  it,  that 

ave  directed  the  jury  plainly,   u|M)n 

ibe  words  as  laid  in  the  indictinent,  to 

i  w  hat  was  the  intention  o«  the  party 

%  Ane  wonls.     These  are  things  (I  must 

Mi6»)  that  wontieTfuliv  xtei^rh  with  uio.     It 

■•moof:  of  capital  oflencc,  when:  t!ie  life  of 

•  ■U  is  concerned.     If  the  preciMlents  have 

flssBe  so,  thi-rc  is  some  wei{;ht  in  that :  but 

if  w  precedents  lie  only  such  as  yuu  have 

When  of,  words  directly  tellings  who  is  meant, 

fhgr  have  n«i  manner  of'likeiiess  to  the  words  in 

Miiaifiilnient,  because  tliere  tliey  could  ni:vcr 

ilHrt  any  thiu^  else. 

u  ibe  wOkX  |ilar.f>,  I  am  stumbled  at  another 

tiw,  3lr.  Attuniey,  and  ihut  is,  the  dirlcrcncc 

;  if  tte  persons  in  one  ]Kirt  of  the  wrirds,  and 

ftlSlbcr.     Yon  have  be^un  in  !!:(;  first  piTson 

|knl|  *  We  have  had  two  wiek<jii  kin^  to- 

'MMTy'  and  as  tlic  l^atiu  words  arc,'*  Nos 

*falaiiniis  nunc  duos  iniipiits  l(>i(cs  in«iniuK* 

■laArrwards  you  say,  and  if  the\ ,  i/^M,  *  will 

'  ^^mk  Ift  their  principks,  he  did  not  donht  hut 

Mr  should  ot  crconie  their  eucmies.*     It  hud 

■tWai  til  ha\e  laid  them,  as  (et  rtaiuly  in 

MB  iiiidtiiitandin)()  they  must  he  lK.lie\cd 

onr 
ould 
applicable. 


■MhcB,  *  If  you  or  we  will  Mund  to 
■ffka;'  and  then  the  my  innueado  wo 
him  vore  icotibb  lad  applicable.  . 


Sol.  Gen,  But,  my  lord,  it  was  sworn  ttby 
the  witnesses,  that  he  said.  If  they. 

L.  C.  J.   The  wonts  say  he  preached,  *  Wc 

*  have  had,'  that  In,  ho  atid  the  congresTtition 
assembled,  and  then  it  is  aUer^vards  turiicfl  to 

*  they.*  \  make  no  diliiciilty  in  the  worltt,  but 
that  *  we  have  hiul  t*vo  w  irked  kin!;s  toyiHlier,' 
was  intended  of  the  late  kin^  and  this;  and  if 
it  had  been  ailed v:c(l,  that  ahtTWurris  hu  had  said 

*  we  shall  overoomo  them/  and  a  jury  had 
found  tbat  these  word'-  were  spoken  with  sucti 
an  intention,  as  is  laid  in  the  indictment,  it 
would  ha\e  bi'en  treason.  But  both  in  gram* 
mar  ami  ii'astm,  when  you  come  to  siiy,  and 
si  ipi^i  tS  c.  [iray,  to  whom  should  that  relate  ":• 
What  is  the  Kn^ish  of  ipsi  ^  Is  it  we,  or 
they  ?  If  it  ht;  they,  in  the  tiiinl  iierson,  the;Aj 
are  no  thinl  persons  spokir:n  of,  hut  the  two 
kings,  and  tliey  arc  the  last  antect^dcut.  For 
my  pail,  it  does  stumble  me,  it  U  a  thinn-  of 
great  consideration.  1  M|>cak  not,  as  1  said,  to 
bind  myself  in  opinion  ;  but  1  think,  if  ye  had 
put  the  word  uo^  instead  of  iy^si,  it  bad  come 
nearer  to  the  understanding  of  i.-ien,  both  in 
grammar  and  iseiise.  For  1  exclude  myself 
and  them  I  sped;  to,  if  i  put  it  in  the  third 
nerson,  and  your  innuendo  (I  said)  can  uo  way 
help  it. 

Aif.  GcH.  Truly,  my  lord,  I  did  not  think 
that  that  did  rot  ii|Km  your  lo:d.ship  at  all,  as 
any  oi.jcetii.n. 

L.  ('.  J.  It  tloc-s  rcit,  I  assure  you,  Mr. 
Attorney. 

5ii/.  (jcn.  If  wc  ha'l  done  othcnrise,  wc 
should  not  have  htid  it  as  the  truth  is,  and  the 
Latin  does  not  alttv'  the  cu.se,  for  the  word 
sMokcij  «as  'TUcy.' 

L.  ('.  J.  '\\,  Ijut  certainly  he  said,  no 
duuhr,  >  voir  or  •  v,i/  if  you  will  stand  to 
your  principles,  il'.N  iiohM  use  else. 

^;/.  Gen.  IVIy  b.rd,  I  tal;e  that  to  be  well 
enoutyh,  for  here  an*  three  sentences.  The. 
first  is,  *  That  the  peoph*  make  a  th»ekin(r  tr» 

*  the  kinsf,  &r.  cju<d  populns,  Vc*  The  iievt 
I  is,  *•  quod  nos  habniu.'.is.  \c.'  And  then  the 
j  thinl    i«!,    *  fpiod   si  ipsi.'     Now    *  ipiod'   go- 

j  verns  tiio  particular  seiitrnee,  and  it  being  a 
j  p-urticul.ir  .sentence  by  itself,  v.ith  huiuble 
!  subuiiissiun,  it  isgootl  in  gi-an.r.sar,  und  in  sense 

I    U)0. 

i  J.,  C.  J,  Sup|»ose  you  were  to  speak  it  in 
i  Kiiglish.  Mr.  !SolieUi>r;  suppo:;e  you  were  to 
I  spwik  it,  *  Now  we  ha\<'  had  two  wiekcfl  kings 
■  *  together,  wh«»  lia\e  bufiered  Popery  to  cunio 
j  *  under  their  noses'  (meaning  t!ie  late  king  and 
',  Uiis),  there  pi  rhaps  the  innutndo  is  sen^ble, 
J  and,  no  douiii  of  it,  then  he  must  UKuUtbeiii : 
lMittoKa\,  If  they  Mvillbtand  to  tluir  prin- 

*  ei|:les,  ih.'v  ^!r.l\l  overc»mie  their  ein.ini«  s,' 
pi-av  to  uhom  <Ums  that  *  tliey'  relate? 

^o/.  Grn.  iVTy  Txinl,  with  humble  submis- 
sion, >ou  put  the  cas<-  f.f  an  entire  spee^-h, 
made  in  the  person  of  the  i»reaeher,  and  the 
congrr/falioii,  and  as  the  \\oi-ds  were  spoken 
all  at  one  lime.  I  would  make  it  an  entin^ 
spr((h  too;  but  it  seems  to  be  se\eral  sp;i- 
tcuce:>,  and  therefore  that  differs  the  case.   For 


]     STATE  TOIALS,  3(J Charles  II  l6u,^Triai  if  Thmtu  RmmU,     [S(»- 

ifl«  tyrant,  &-e.  yet  Ui«re  tt  it  said,  and  ex^ 
prmij  ttTerred,  'tJwt  be  nioke  tlic  wonb  •  de 


I 


tiking  it  that  these  arc  thrw  distinct  scniences, 
they  niigbt  b«  f^poken  iii  a  s^^Ferai  inaaner  by 
varying  the  p^rsun*  and  so  they  ivcre  si w urn. 
Ami  su|i(>oj)e  \\it  lid,)!  only  s|»ok(f  ihe  lust  wor<ii, 
aft  indicUiitnt  tor  thi-i  in  the  iliird  perMn  had 
been  a  good  iudicLtiK-til  :  aii^l  tf  it  haid  betm 
diariyreii  in  that  caK4%  *  t^uod  dixit  ©t  a!*8«rinl» 

*  quail  si  ifisj,  (Scc.^  and  then  in  evidetii^c,  come 
ami  prove  tbe^e  wurdu,  would  uot  that  have 
been  |f(Kid  ? 

L.  L\  X  Truly,  1  think,  Mr  Solicitor,  if  the 
mdicUtient  for  these  bwt  words  aUnje  liad  been 
in  the  third  person,  it  is  aqii<*%non  whether 
tbit  mig^ht  hare  been  a  yfood  iudictineoif  if  ytni 
bail  cmne  in  evicfence,  autl  proved*  that  he  ha<1 
faid  of* flic  kioy  und  |fOveminent,  *  Ifyou  will 

*  stand  to  your  principles^  you  shall  overcome 

*  your  enemies.'  Though'  I  deliver  no  abso- 
lute opinion  of  that,  because  tliere  ou^rht,  f 
tiiiak^  to  have  bpen  an  averraent,  that  they 
w€rc  siK»keu  of  the  kin^»  and  the  people. 

SoL  Gen.  In  an  entire  spetTh,  my  lord, 
there  the  relative  must  be  applied  to  the  la»t 

teoedeiit|  acGordiurr  to  grammar. 

L.  C-  /.  And  I  thmk  it  must  be  taken  to  be 
an  eotiie  speech,  aud  you  lay  it  in  the  indict- 
ment lo  be  so,  and  then  the  relative  must  go  to 
the  last  antecedent,  or  ebc  Dr,  Busby  (that  so 
tong^  ruled  in  We^t- minuter- school)  taught  me 
quite  wrong,  and  who  hail  tried  most  of  the 
g^mmmurs  extant^  and  used  to  lay  down  that 
aji  a  podttive  rule  in  ^ammar,  thatch e  relative 
must  refer  to  the  next  antecedent. 

Just  Wdhins.     Mr.  Sohcitur,  ifyou  make 
it  several  speechea,  tlicn  it  is  ten  tiraea  worse, 
Ibr  then  the  latter  part  is  so  uoecrtain,  without 
ati  averment  of  whom  the  words  were  spokeo,  ' 
ibataure  tt  can  never  be  made  ^lOdr 

SoL   Gen.    Suppose  it  had  bf^eu  *  ulterius 

*  dtxit,'  would  that  have  made  it  a  distinct  sen- 
tence ?  If  it  would,  our  proof  it  may  be  was, 
that  it  was  aa  entire  speech,  but  yet 'consisting 
of  sereral  santences,  and  must  have  the  com- 
mon understand iu^^  as  to  their  relation  one  to 
another. 

Att.  G€n>  This  objection  of  •  quod  h»i,  &c.* 
wa5  not  moved  by  the  prisoner  at  Uje  oar,  and 
therefore  we  did  not  expect  to  speak  to  it, 

L.  C.  J.  It  is  started  here  now  by  the  coun- 
sel.  And  it  is  a  question  truly  with  tne,  whe- 
ther tbia  can  be  any  way  aetisibly  applietl,  as 
you  would  have  it.  Surely  the  tnnucndo  can 
never  make  it  go<»d, 

AtL  Gen.  My  lord,  I  say  flintf  all  the  in- 
nurndiii  out  of  doors,  th«  word;^  Tti  themselves 

II  do  it. 

L*  C  J.  Why  **ten  we  most  sec  wfaather  it 

a  good  indiotiii     :  int  of  form,  or  ra- 

ther in  point  of  OS  you  have  kid 

lii*^e  words,  will » mi n.  .-cl^  mu'  they  were  spoken 
'  de  vpge.*  It  is  a  quesLiou  of  great  weight 
and  oouoemmeijt  liotli  to  the  Vmg  and  to  the 
pfisoner,  and  therefoi'e  we  must  txuce  good  time 
to  eansider  of  it.  before  ue  deliver  a  settled 

inion.     But  V  ,  you  very  well  re- 

tuber thatSta;-^  ^aa otherwise.  For, 

though  the  words  Were,  tl^a  Viof  of  England 


rege, 

Ati,  Of!    ^ 
in  arrest  ui 
now  ^tart»  :   .\ 
huve  moved  for 

I  ome.it 

,..  .nrt  ill 


!  Sidney  ha-  •    1 

.   that*  th^  r 

not  sure,    llti  ungut 


I 


M..;  ,   .r.  Atttifuey  General]^ 
not   up  to  tiiig.    Whcsre 
them^4res  that  the  kin£ 
meant,  or  any  way  circumstantially,  it  d 
necessarily  imply  that  Uiey  be  m**ant  of  n4 
one  eUe,  und  that  would  be  goodwi 
averment.     Which  was  the  case  i>i  1| 

Sidney,  where  the  matter  declared  in  the  Uhkt 
was  plainly  down- right  relatini^  to  the  goven^J 
ment,  that  *  if  be  did  so  and  so  he  mtnnt  ns-" 

*  nounce  his  crown,^  and  the  like.  Ilow  eaa 
that  be  applied  to  any  but   the  '  *  Tht 

*  people  of  England  have  comi:  vjoaf- 

*  dom  to  his  power,  ScqJ  Why,  **>"  «  ut*  rl  bt 
interpreted  that  any  body  else  ts  meant  f 

Att.  Gtn.  When  will  your  lordabip  please 
to  give  judgment  ? 

L.  C.  X  Mr.  Attorney,  wt  will  consider  of 
it.  It  is  usual,  in  cases  of\G&&  difRculty  than 
this,  to  take  time  of  consideration,  t  do  not 
say,  but  that  looking  upon  the  precedeote,  per* 
haps  I  may  alter  my  opinion,  and  thert^ore  do 
not  sneak  this  to  bind  myself:  but  we  wiU 
consider  of  it. 

Ati.  Gen,  I  look  upon  it  that  t!te  gOTfrn^ 
ment  is  greatly  concerned  in  this  matter,  i 
than  ten  such  as  the  prisoner  at  the  bar. 

L.  C.  J.  It  is  tnie»  Mr.  Attorney,  ibe 
Tern  ment  is  greatly  concerned,  and  the  prt4 
soner  is  greatly  cxmcemed,   lor  bis  alt  is  a 
stake.     I  do  say  a  good  bdictment  might  ban 
been  made,  I  am  sure. 

Sal.  Gen,  This  is  the  best  we  conid  mak*, 
for  we  had  no  proof  to  make  out  any  avvmiadt 
because  these  were  all  the  words  he  sai^. 

Att.  Gen,  Afler  the  jury  have  found  tba 
words  as  laid  in  the  indictment,  was  rt  ever 
asked  of  a  jury,  '  These  words  were  spokeo 

*  of  the  king,  or  they  were  not,  but  jrou  banc  n«* 
*■  said  that  they  are  spoken  of  the  king,  for  ft  is 
'  not  laid  in  the  indictment  ?*  Would  that  etcsr 
vitiate  the  verdict  ? 

L,  C.  X  Mr.  Solicitor,  pray,  would  you 
have  us  give  judgment,  that  the  jury  <  nnlif  nut 
find  that  the  wordis  were  spoken  of  il 

Mr.  Fofierfen.  The  jury  have  not  l  f  i  i 
they  were  spoken  of  thcliing,  for  thertj  ia  ii<» 
such  thing  averred « 

Ait.  Gf ft.  Nor  they  have  not  foun«i 
he  not  spoken   of  the  king;    btit 
found  thrin  to  be  spoken  to  stir  np  setittioir 

SoL  Gen.  We  are  never  hound  by  law  to 
aver  *  that'  that  we  cannot  prove.  And  there- 
fore I  put  all  upon  that  dilemma ;  either  the 
words  imjHirt  of  themselves  to  be  st»okf<i  af 
the  king,  or  they  do  not.  If  ihey  d<i  not*  If 
we  had  said,  '  dixit  de  dotnino  te^,'  it  looit 
have  been  proved,  and  that  would  have  becB 
to  have  left  it  to  the  jury  whom  he  did  ! 
And  if  they  bt  not  aalf-evidenty  God  f 


301}  STATE  TRIALS,  s6  Charles  II,  i68-i,->r  High  Treaion. 


|iiiy  iM]  be  cluirged  to  find  out  iuch  a  mean* 
ny;  but  if  they  ant  •elf^cfidcmi  ibey  need  no 

Jofl.  Hoi.  Tnily,  we  iUink  it  may  be  g^no** 
ffiiteooe  to  «  jury,  and  it  is  every  tJay  tfotie  in 
cUfK  of  actions  for  vronts.  It  is  leVl  to  the 
jiiry  to  caD«ider,  wheiber  be  ixit^ut  tbe  plain- 
US,  Joliii*A-8lile9t  or  any  utber  :  and  th«  ewi- 
droee  19  lidped  by  tbis,  or  tbat  circumstance, 
tiwre  the  words  do  not  naturally  nnport  it. 

/ust  Wtikvt.  I  do  think  tliat'  tbe  averment 
dui  ibe^  words  were  flpokeo  of  tlie  king',  is  a 
pojat  of  fact  that  ought  to  be  arerred  and 
pro»«J.  Mn^ht  not  the  jury  in  this  case  have 
iHal  tbcy  wort?  not  st*ok«*n  of  the  kinif  ? 
If  they  had  touml  that,  i«hv  they  wiruld  bave 
•ennltcd  htm  ;  if  xUey  h»d  loiuid  tb«y  were, 
and  you  bad  not  allt^ilged  it,  uhy  then  they 
htd  fmmd  mure  ib&a  the  imUctment  would 
Wmd  tliem  to* 

/^  C.  J.  WeU^  tills  is  only  by  way  of  dia* 

C0un>e4  not  that  we  bt«d  our«elve«  by  our  pre- 

opinion.     We  uuuii  Jottk  upon  it.     We 

Ijfive  our  judgment  auddenly  in  a  case 

nature. 

Nofth.  Wtl]  yaur  turdahip  please  to  spare 
■It  line  won]  ? 

L.  C.  J.  Ay, Sir,  let  etrery  tnan  be  UearJ,  in 
€Md'm  aaifiew ' 

flh*  Nvf  tk,  Bf y  lord,  m  U>  ibts  ohjection » '  quod 
*  ns*  idalfeS  to  the  two  wicketl  klii)^  spoken 
<M  JMlbefofv,  tUfli  (?annut  be:  for  you  take 
mtUetllhfti  Uiese  worda  (?f  tlietwo  wicked  kiu^a 
ffilite  III  tile  fAle  kiD^,  aud  to  the  present,  as 
Ubc  iodielnafit  i«yi.  One  of  the  kin^  is  dead, 
so  llitil  ym  cannot  understand  it  to  he  of  the 
ivfoitta^  that  should  overcome  their  ene- 
a  liiti  till}  therefore  it  must  he  the  people.  Tbia 
^■^JBpdtia'  bctnga  nouu  of  ruultituae,  aud  taken 
^^^^M  |il«tml  Dumber*  l^tsi  will  ?ery  well 
I     oMeioic 

L  C  /.  Mr.  North,  the  ar^raenttuma both 
way«  Ufoa  tltat^  and  certainly  he  did  not  rx- 
mam  btsisclf  aller  that  rate.  It  k  so  Wmn  a 
UO|^lli[|felber  indictment,  ^  truly  I  bare 
i9roe  i««D.  For  my  part,  I  would  know  how 
it  enoie  to  ^si,  tiiat  v^e  abouM  not  bate  as 
itKh  certainty  in  indictmeots,  as  we  hare  in 
uf*oo  die  case  ? 

Ocn.  My  lord,  there  must  be  certafnty 
casea,  and  we  think  there  is  ecftain^ 
b  in  tliia  lor  your  lordship  to  gii^e  judg^- 
Mit  npon, 

JL  C.  J.  Mr.  Attorney,  I  believe  if  you  sat 

our  places  you  won  hi  not  iltiuk  so.     All  our 

oks  rtsfuire  j^reattT  cevtaiiuiejiin  indietmeuU, 

llflm  to  acLionn  on  iUe.  r:tse  :  nay,  in  causea  of 

iblifiaUire,  we  are  iKitmd  by  our  law  books  to 

^aC  counsel  for  the  pii^oner,  which  we  are  not 

b  «ini  c«ti!6€^^  where  the  prisoner  may  clioo^e 

hm  aiwn  counsel.     And   we  have  not  one  act 

tfpafJ«iiuii'£*t  Ui  U*f\p  ihe  defect  of  forming  in- 

feii  H  in  civil  ojctioDs,  but  fitiJl 

aall  ^  lie  in  Jeofails,  there  i»  an 

<Va^l«iHi  res,  to  shew  that  our 

ianannri  |»  uncertafnti^  or  in- 

m  iQ€m»  where  tba  lile  of  a  man 


was  concerned.     This  iseetna  to  carry  a  gveat 
considemtion  with  it. 

Ait,  Gen.  IMy  lord,  I  wa«  yery  wiUiDg  and 
denirous  your  lordship  should  assig'n  the  pri- 
soner thy*  learned  counsel,  because  we  did  &up- 
posQ  ihey  would  have  produced  sotoc  preca* 
dents  of  a  l»etter  form  than  thi^ :  bat  tbey  hsTe 
cited  none, 

Z.  C.  J.  And  you  hare  cited  never  liuch  a 
case  as  ibis,  Mr.  Attorney.  And  if  we  can 
find  no  other  like  case,  we  must  be  governed 
by  the  reason  of  the  thtng^. 

Alt^Gen,  My  lord,  we  hope  you  will  ex- 
peiljte  it  for  the  sake  of  the  ^vemment. 

L,  C,  J,  Certainly,  I  think  it  is  very  uu* 
certain  who  are  meant  by  eneniies ;  it  may 
be  Wr  Solicitor,  Mr.  Attorney,  it  may  be  the 
court,  no  body  knows  who  it  is :  for  every 
body  knows »  that  to  preachera  in  oimventialaa 
aufl  to  thoMC  ihat  meet  there,  the  judges,  and 
aN  that  are  for  the  support  of  the  laws,  may  be 
reckoned  to  them  as  enemies.  But  when  it 
is  so  uncertain  who  are  meant,  how  can  we 
supply  it  by  such  an  tnntiendo :  That  ihera 
mig^ht  have  been  a  good  indictment  framed 
upon  such  Words  as  these,  as  he  in  all  proba- 
bility spoke  them,  and  he  justly  found  guUty^ 
is  no  Question  with  me  at  all.  And  (as  I  sauI 
the  otlier  day,  for  the  sake  of  the  auditory)  if 
he  be  guilty  of  speaking  such  words,  and  o 
treason  in  ii(>eakmg  them  ;  what  will  tjhey  be 
guilty  of  that  were  present,  and  heard  the 
words  spoken  ?  They  may  thank  Go<K  that  we 
have  a  gracious  king,  that  dues  not  take  all  the 
advantages  the  law  gives  him  against  thosa 
that  break  his  laws. 

Sdi.  Gen,  I^Iy  lord,  y ou r  1  ordsh ip  tvas pleased 
to  mention  Sta ley's  case  io  me.  As  1  do  re* 
member  It,  it  is  not  as  your  lordshlu  says :  but 
it  is,  That  he,  to  perfect  his  wicked  'tjeason 
(speak iiig  of  the  king)  said  so  and  so,  Now, 
if  an  aveiincnt  be  necessary,  this  is  a  naughty 
averment ;  for  it  is  not  positlvaly  averre^l  that  h* 
did  sjK^ak  of  the  king. 

L.  C.  .r.  Well,  we  will  look  upon  it.  And 
I  would  ask  you,  >Ir.  Solicitor,  wnether  if  he 
said  (as  it  is  most  likely  be  did)  If  you  wdl 
stand  to  your  principle^';  and  you  put  in  ai 
t/>«,  whether  that  would  be  gfi>od  ? 

SoL  Gen,  My  lordi  we  put  it  in  as  the  wit- 
nesses swore  it, 

Zr.  C.J.  Theytlid  ^wearthc  words  accord- 
ing to  their  apprehension  ;  but  no  doubt  of  it, 
in  common  form  he  must  speak  tljem  as  I 
say. 

Alt*  Gen,  They  swore  the  words  so;  and 
we  could  lay  theni  no  otherwise, 

L.  C.  /,  'Well,  Mr.  AUorney,  will  you  moTc 
any  thing? 

Alt,  Gen.  No,  my  lord. 

X.  C.  J.  Then  we  will  consider  of  it.  And 
take  3'ou  back  the  prisoner  $  and  yon  shall 
have  a  rule  of  court  to  bring  him,  wheti  tiie 
court  is  ready  for  judgment. 

Then  the  prisoner  was  carried  back  to  the 
King^s- bench  ;  and  no  judgment  was  given 
that  temi ;  but  the  oext  t^in  Mf.  EoaeweU 


303 :      STATE  TRIALS,  36  Charles  II.  1684.— TriW  ofThema^  RosewelL     [304 


pli  adt-'l  the  kinijt's  nanlon  at   the  baroftlic 
c«.Miit  of  Kiri^*s  beiicii :  niid  ^^as  discharg«»tl.* 


The  tono>\inij  is  a  Corv  of  the  said  Paudon  : 

Hex  v.  UnsKWELL,  for  iJigh-Tivuson. 

^lidr,  36  Car'  2  Rot.  IJiJ.  IJ.  11. 


coadunatiouihiis,  nii^iirivinnihiis.  ronit'deratinii- 
ihus,  talsis  Hl|p<;:uiliis,  tranHurcsisionibuji,  riot', 
roiit\  riMiMitionibiis,  escapiis,  coiiteitipt',  faU 
sitat*,  ne|r|ifjnL>iit*  cnut-4*le&iiteiit\  maiiiitenent*, 
o|iprcssioiiii)ii8,  cambi|)artii$,  doceptioiiibus,  ac 
nltis,  inaleiactis,  ofieii8',et  iiijur'  quibu«cuiir|iip ; 
npcnon  acccsisar'  eoruindeni,  infra  L*nin*  prae* 
dii:t*,  tam  infra  Hbcrtat',  (|ii:iin  extra,  per  quos' 
cunr|iie  ct  qualitercuiiquc  iiabit'  fact*.  |>erpe- 


Ii(n\  extitit  pru'hciitat'.    Surr.  5S.     Juratbres, 
vc.     The  whole  iiidielmiiit  as  in  the  TriaL 

Uu«id  qtiidi'iii  iudiela:nentuiii  Dominus  Rex 
iiiiiir  ('(H-aiii  CD  |io>tcn,  ctTiis  do  causis,  reitire 
ia-it '.MT.iifmiur,  Vi*.  I'erquod  pnecept' Itiil 
\  'y  cum'  (n-u'dit-r  uoii  otmti\  Ve.  quin  caperet 
<  u.ii,  si,  S:o.  ad  r«'siKiiideiul\  Vc.  Et  niodo, 
sciP,  d>e  Jtsvis  i>ro\  post  t tin  sept imanasisanrti 
Mieii;.;'lis,  isto  eodein  termiittt,  coram  Domino 


Surry,  s*.  Alias,  seil' die  Martis, sciV  S4^ptimo  trat\  si%e  eoiiuiiisHa,  et  per  (|iios,  .vol  per  quciii, 
die  Octohris,  anno  regrni  I>omtui  nostri  Caroh  ciii  vol  qiiihus,  quando,  qualiter,  et  quomodo; 
tfcnindi,  Dei  «p-atia,  Anirliie,  Scotiiu,  Franciir,  ac  de  aliis  artituliMrtcircumstantiis  pnemissa, 
et  Hibernixe  Kp<;is,  fidei  dcfcus*,  \'C.  tricesinio  et  eoruni,  aliquod  \cl  aliqua  qualitercucqnt 
sexto.  Per  quandam  inquisiti(»neni  eapt' pro  coneerP.en%  plenius  i  eritsit',  ct  ail  easdeiu  pro- 
sereiiissimo  Domino  Reiri;  upud  Kiii^sion  sujicr  dition<'K,  et  alia  prteniistia  aiidiend*  et  exami- 
Thames,  in  coniitatu  JSiiit*,  coram  tiiMiryio  naiid*  ;i:isi(tn*,  st  riiudum  le«>-cm  et  consueiu- 
Com'  Herkley,  rr:ir«"isco  VV vtlu»ns  Mil*,  inf  dincm  rcjyni  dicii  Dom'  Koo/a  Angliee,  per  sa- 
tfustic'  dirti  IKouini  Uc^i>  :td  placita  coram  cramcntiini  diiodccim  jiir'  proboriiiii  ct  ie^- 
ipso  Re^clenend\i«isi£rn* ;  Thoma .Icnuer  Mil\  iinin  hominum  com*  pr»dict\  qui  adtmic  et 
un*  S^rvi^a'  dicii  Daniini  Ueu'is  ac  iei^cm,  nc  i!:;d*'ni  jiuat'  ct  nni^rai'  cvisten*  ad  inquireiMr 
Hecm*<l-jtor  civitai'  Londtm  ;    Adamo  Brown,    pro  dicto  Domino  Rc£^t*,  et  corporc  com'  prse- 

Har',  Francisco  Vincent  Bjir\  Kdvardi»  EiViiii     '"    '      -  *'*' '      ^'  ' 

Mil'  ct  Bar*,  Jaco!»o  Clarke  ^lil',  ( -i^risloi  hem 
Buckle  MiW  llichardo  licath  Si-rvicn*  ad  j 
legem,  Pctro  Rich,  <'t  Stephano  Har^n\  \rni',  • 
.fustic*  dicti  Domini  Rejjris,  per  hie.-f:*;  pntc!:t4  n  , 
ipsins  Domini  Rtifis  cisdem  .IiisJic'  pra-iio- 
luinat*,  Oi".  qnihuseuiupie  trihns  \cl  plmihiiN  | 
porum,  sub  tnagno  sii^ilto  d'cti   Domini  Rc;:;;is 

Anjjliie.confe^-.t*,  :id  iiujuir:  nd*  p<:r  sacramentuni ,  — ..,., „.„  .^„„„„. 

probornm«.t  lc.;^alium  h'»miuvmi  com' praidict',  ■  Rc^fc  a|*ud  \»  lMui',  lenil'  prjcdict'  Thomas 
ac  alii'i  viis,  modis,  tJ  inediis,  quihus  melius  I  Rii-t-.i.  !1,  st'.h  coshhI*  euhtod*  ])hsoD'  dc  le 
sciverint  aut  poterint  t.mi  iniVa  liherfat',  i{uain  j  (lat^iioub:',  \Vcslmini;!',  in  emus  custod' 
cxlra,  jM-rqnosrci  v«  ritas  i.mImis  sciii  poierit,  !  pnianKa  f\  cuusa  praMlii.1'  coumuss*  fuit  f ir- 
dc  qnibusruiiqiio  p!»Mli«i*Mii!Mi«.,  J|♦i^;M•isionih;•,^  j  Pit*'  Invvis  dicti  Domini  Rci^i?*  de  Habeas 
prodiiioninn,  insi.ui « i-ou.bas,  ri!n.:ri«i!?il,ns,  ,  Corpc^,  ad  Mihiniend'  ct  r»?cipiend'  ad  barram 
conlrafractuii^, lon.'iirMi.nir'.fnlsisiUl.rita'ii-n-  inr  Jiuri'  in  p:-o|,na))e>v>n*sua,qui  committitur 
ibtis,  et  alii-. !:».!  •■ta»'  Mioncla;  hnjii*;  n -^'i;!  \n'4iiit\  I  .Man',  Vc.  Va  Matim  dc  pnemiikVis  ei  siiiierius 
ac  aliornni  K '^-nifnuu,  sive  domii)>.»ium  qnor- I  iiupi.-ii'.  all 'pmr.  qualiter  se  velitindcac- 
umcmiqne;  ac  de  tpjii:iiKf'iniqne  irnir(lri.s,  it'-  ,  qnieti'.r:,  4i::.mi.  Mi.cifl  :psi.'  in  niiUo  c^t  iude  cul- 
loulis,  homicid*,  iMtirfcctioiri  ifs.  lMiri;Iav\  =  jiabiliN. .ct  iii'!.-  <lc  bon<»  (-t  malo  ponitsc  super 
raptibtis  mMl'crum,  c«'n!»nLfuti.>:jil.us  a<*  con- |  p'llriani.  i^^^.•  \imi'  inde  jur'  ooraiu  dicto 
\enticulis    iilicitiK     \eriM>ruin     prolationiiMi^c.     l)nniini)   R<  ^'t  apud  Ur>im\   die    Martii*  in 

-    -  - !  ju'lal'' sancii    'ViJUlifii,  per  qiHK,  ij^c.     Kt  qui, 

'^  This  case  is  reported  al«JO  in  :J  "Moili'm  .'i  j  \:c.  ad  nr.f^n'.  \.i\  uiiia,  .Vc.  Idem  dici 
jnd  li  Shower  lit.  The  lormerol'thosi-  nrpoits.  ;  dal'  c..;t  pr.vh''  'fii«»;ni.  EtustTWt  11,  sub  rustod' 
after  briefly  noticin*jf  the  ari^fimu'iit.s  ibr  and  ;  prii.-iai*  ci:stodi.>  pi-ison'  dt>  le  Ciatchouse 
a(fain«it  the  motion  in  am  ^t  oijitd^'mi  lit.  pr<)-  '  U(*sim'  iteriun  <-(>niiiiis.<',  saha  cu»U>- 
cerdsth'i^  •*  Curia;  ucnls  n>a\  he  :mi  overt  e<!,  i  dliTid*  quouMrui*.  \r.  .\d  qui-ni  quideixi  diem 
but  tlicn  the;,  nuistbcsor-crlaln  ami  positiva«<  !  iiarli.-:  in  o<.t:.i.'  .>^*v<\  !Vlartini,  coram  Do 
plainU  to  dci.oL*  ilir  inl<Miii<»Ti  oflhc  -•— ^  -  •"•••■•  »*"• 
Jf  a  man  should  tdi  ano'hcr  tii.4t 


s|K*:ik»-r. 
lie  would  ] 

drive  the  kin-/  n\\\  of  I'.mxiai.d,  the:*,  t-.c;  •..•>  !n» 
a\ermt'iit  tint  surli  \v,»r,I^  were  .n|'o1:vmi  dc 
rejfc,  heciusc  thc>  lend  unnicdiauiN  to  dep'»sr  ! 
thekin{;,  \}y\\  if  he  had  s:»id  that  he  would  'jry»  i 
to  U'hilehall  and  d«st.ro\  his  cneniii-s,  liiai  is  ; 
not  treason  withoui  an  a^criiient.  ,'itii^iiK'i?t  i 
Mas  arrebtct!.''  ; 


nuiii  Rerf  apusl  >>c»»t»u',  vcnit  prwdict* 
Tl!«iin:>  ii'»s#».vi*!l  s;'.b  i  I'.stod'  pitefat* 
ei'.*i«Mr  priso!!"  li*'  li  (ia...l.MU4f  Wcstiii'  proB- 
dici'.  viriulc  Ir.cvis  i;u*.Mu:i  lic^^is  de  Llalteis 
Co!pu>.  ad  Mib|!..io:;d',  \c.  ad  hiirram  hie  duct* 
in  p'.'ojirii  pervaip  sua,  tpii  i  i>nuinttitnr  Marr*, 
Vc.  I'.t  jiir'  pradiii'  per  \ic*  com*  predict* 
nd  l:«»v»  impanciii!,' ».  \:Kt'  %en\qui  ad  ^critatem 
.lectV 


p.*umi5Sis   ilicnti'   elect',  triat'   et  jin'ar, 
In   2   SSbowcr  it   is  riifhtly  state  I,   thai  the  i  ilicnnt   supi.r  safn'mentuiii  sumn,   qu«»d  pne- 

'  diet'  'I'homas  Ro>fwell  est  culpahilis  de  alta 
proditione  pne(iici\  in  indictament'  ]irsedict' 


prisoner  was  pardon*".!,  .mid  at  the  ciid  of  the  case  | 


th«.  reporter  says  *'  Tamcii  quuuc  c»f  the  l.iw  ; 
for  the  sticn^li  ol  the  prisoner's  defence  «m 
bis  trial  as  to  ihe  fact  char^'tl  v\ps  thoi:tcht  the 
In.'st  of  his  ca.se."  St-ethe  reports  of  these  eases 
iu  Leach's  ftlitions  ul' Shower  and  Tiiod.  Rep. 
ttud  tbti  Editor's  notes  and  refertuccs>  thereto. 


specitieat',  modo  et  f<  rma  pront  per  indieta* 
mcnt'  prtT-^lict'  Hupc  rins  \  (.rsus  cum  suppuuitur. 
Ft  quod  idem  Tho*  Rosewell  t(^mpore  perjie- 
trationis  alta!  proditionis  pra;diet\  seu  unquam 
l>08tea,  nulla  nabuit  buna  seu  catalla,  terras, 


J'tiriiiii'iiuiii!* 

ii  si  ijuitl 
curia  hit; 
prrtcetlere 

Fnmciffi, 

r,  ^c.  jwr 

»'  tlat'  apitd  W'cstm'  vice- 


0  fdasifit,  wc  per  easdem  literas  p«tente9, 'pro 
m^  hmt€A\  et  successor'  suis  (iardoDabttl»  f^ 
nikl«dbiti  «C  relaxabat  eidem  I'hom^e  Hopewell ^ 
I  TiiouiK  Rosewetl  luiper  de  jmroch' 
*  Hr^Ms^  in  com^  Hurt'  C'lerrco,  seu  quo* 
lim  nnmine  vel  co^Dumiiie,  seu  m\iii- 
lonunis,  aiU  loci^  idem  T. 
.<^3tur,  vocetur,  sive  nim- 
Kr,  *ui  iiu[fi.v  acwbauiv^  censebatur,  Toca 
nr£  mint  upa!iutUE',  omncii  proditiones, 


EMJtli' 

Wettlki*  I' 


fat'  Thomas  Hose  well  in 
»d»«  jam   iilr*  olap^\  in 
Ls,  cmum  ipso  Rttije  apad 
t*  si?e  iiUinctMiiii ;    ac 
....i  tjiauienr,  jiidid;i,iunvic- 
iiiones,  exectiLioneu,  impiiso- 
Mttn  ni^,  H  niniu's  iilins  [icftias  et 

Mn&i  iitMjut*  supf r  vel  vrtsM^  ipsiun 

jW^.  sHi,   dr,    pi'o,  sive  roiiceriteii* 

freniitfsifiiiieurvirtiiii  aliqtio  IiuIjIi^  t'M'i\  leddit*^ 
•(Ti»  adjiujii^at*.  rtit  iri  pivstrnini  huljen  i\  red- 
^£Did%  lmc'icind%  -  li<-tir>d\  neritoii  om- 

d soDgiila  11 L.   .  iis  dirhim  Thomam 

itiooe  ;cu  oLtaKione  pneinisvf»nim, 
li({OorV%f  I  iiticii|ii«i  pi^>iiiu)L'^ut\  stive 

.If. 
ip»  I  lit  ,  ler-  ! 

■ISetljr  II  iu  (uUtro  habere; 

tjUri^  ?sw)re5  dicli  miper  ( 

W((J»«  pulrnHl  in  iiUufii.  [ 

ttBUfiMiuc  pacis   ipkiUA  tiuper  H^i^^if*,  rpiiP  ad  I 

tam  ntipsT    !l«  jr*:m   vcr?n»;  |)rn:'tht'  Thnmam  j 
ttfim^    '  ume  \ 

ct fintiiLiu  a   oup4.r    lU_:i£«  ^i  iude  i 

filial  H  our  ,  f  tmsdem  htiras  patent*. 


comitrs^  Jostic*,  Dani^oa,  aitt  alios  minifttrtvi 
ipsiiw   nuper    Ue^ii/  lirtriMp,  sea  fiuc<>t?«mf' 

Mtoiiitn^  cK-'Ciisioue  pnviuwbor*,  fcu  corutn 
ali^ujun,  iTiolc^tt'tiir,  arcHvioiictur,  |K*rti]ii>rlur, 
Kcu  in  alifjiio  ti^a\etiir;  \olens  ijuud  ra'dcia 
hlem?  aiitt!  paU:nt\  quod  oruriia  tt  smcruhi 
pra^imfta  KUperivts  riiciiiioual',  l»on\  Ijiui^ 
%aHd',  Miif<cieni\  ni  effectual  *  in  lege  sin!  et 
eriiit,  licet  crimitia  ft  ott'erw'  prndin*  mitmii 
oertc  I5p*><'i|if^i'  exii»tut)l ;  tjUfHlipie  j^ardvifimio 
J i la  in  or:  i  '  dicti  nuper  R* ;  oi, 

iuti:frprct  ulicetur  m  betj«  o 

iiO»is*i,  pn>    rjn.KfJii  ^'ine  pn'iar    i  no* 

tiwr  Uo«ewell,   ae  Letur  et  alloretur 

in  onmihus  cur'  u+^  ^  n^^y^x  Regis,  cili»(|u^ 
alirpio  brcvi  de  alloeatioiie  in  ea  [mrt^  pniis 
ohtent*  Siive  obtinend\  non  ohstaot*  stanit'  in 
pariiatTienIo,  anno  rpi^ni  diet'  niiper  Reg'ta 
decimo  terlio  fact'  ct  edit\  et  npu  obstante 
atiquo  defect^  aut  aliquib us  defcgiibusin  eisdcin 
litem  patent*  content^  aut  aHqtio  alio  staiitt% 
actu,  ortlinatione,  provisioned  proelaraatione, 
Bivc  restrictione^  ant  atiqua  alia  re,  cuuiia,  vrl 
muteiia  f|uac\mqne  in  c*jntair*  iiide  m  aliquo 
non  obstante  Itatanii-n  quod  dicuis  7boina« 
'*  II  tal'   bon'   et  su^r'  sccitntut'  de  s# 

end^  a  dal'  lilerar^  piilent'  pranijct* 
-^ii^t  uicium  nupcr  H«  sjcni,  h«i*cd\  et  sne» 
i?««ores  snos,  et  cunctiun  populnin  snum  m. 
veniat)  quat'  appuuLtuat'  et  iiniitiit^  ent  iwr 
Capital'  Justic'  de  ottr*  praid*  pro  trm}ir})t» 
exi»siten,'  Et  idem  Tlwmas  Rohow ell  prof ert 
hie  in  cur*  Uterae  patentespracmls&a  tei^iiltcantes 
in  h:cc  vurba : 

Carol VB  senindu»,  Dei  gratia  Anq^lii 
Scotiic,  rranciiu,  et  Hibernian  Rex^  tidci  di 
tensor,  5cc.  omnibus  ad  qims  prseseotes  lileras 
nnstne  pervenerint,  anhitem,  8c » at  is,  quod 
nos  de  gratia  nostra  specially  ae  ex  ceita 
^ientin,  et  m^ro  mom  iioMns  pardonaviuiuSf 
remisinius,  et  relaxavimus,  u  '  enteis 

pro  nobis,  ha.Tedibiis,  et  sticc  i A>stni 

]»ardouainus,reuuUirunfit  et  re!  .  itomee 

Kosewell,  nuper  de  paroeh*  dt^  l.'i  I;  '.  aie*>m' 
iSurr'  Clerico,  sen  qutMHUique  aliu»  £ji  uuhc  vel 
coiriiotnine,  seu  adilitioue  nornitus,  ant  loci, 
idem  Thinnasi  Rose  well  sciatnr,  censeatur^ 
voeetnr.  mxe  nuncupetur,  out  nuper  seiebatur, 
cen^ebafnr  votTabatiir..  sivenuncupab.itiir,  omneg 

Jiroditionfs  qua^cunque,  undt  i  i  nma** 

l^osewell,  in  tennino  saneti.M:<  i   idt' 

elMpK*,  in  enria  nosiraeoram  noln-^  apud  \Ve*1 
monast*  tent'  ronviel*  mc  aUinrt*  liiit ;  acou 
'  nia  ft  ■  ^        ''■'■;,;     ^  •  ■     ','.■: 
I  eonri 


eS^H 


•iPHIf*^     lUKl^ 


J,^*Ll^^.^, 

•c  super  vel  ver^u^  i| 

■-        -^     <^^j    !>"'      -'^^^ 

p*:** miosis,  seu  eoruiu  ul 

rfMidit\  sive iidjudicaiS  ani  i    , 

reddendo  faciend^  sive  adjudicand^  nee   no 

Onsnia  et  singula  utlo^ar*  irersus  .ItcI'  Thrtmnii 

Hoscwell,  ratione  seu  oecHsion 

seti  eoruni  aliquonitn    vel  alim 

sive  in   iM>8teTum  promulgaud\  ac  oitiuia  e|-| 

ornnimod*  sect\  quert'l*,  torislactirr',  impetiti« 

om^  et  demand'  quiecimqu^,  qutt  uim 


Sfl]       STAT£  TRIALS,  36  Charles  tl.  l684.— Trtbl  of  JoKpk  Hkifes,       [80i 


tpMun  imtime  fnemiKoram,  seu  eomm  alicujos 
b«Mmm,  habemiHi,  seu  in  futuro  habere  po- 
teriimitf,  ant  hmred*  ceu  successor*  nostri  u1k> 
modo  haliere  poterint  in  iutaro,  seetanMiie 
pflcii  nostrv,  mut  ad  nos  v«nas  pnetat'  Tno- 


Rosewdl  pertineat,  sea  pertinere  po- 
toriat  ratiniie  pnemtiaorani  seu  eorum  aliquo- 
rum  Tel  alicnjus ;  tt  fimiam  paoem  nostram 
ci  inde  damus  et .  eoncedimin  per  prasentes, 
volentet  quod  idem  Thomas  Rosewell,  per 
ViceooraitoB,  Justiciar',  BaUivos,  aut  alios 
miniatrOB  aostros,  haeredmn,  ku  sucoessor' 
DOttronmi,  t>ecasione  pnnniasoniin,  seu  eorum 
alicujaB,  moWstetor,  occasionetur,  «u  in 
afiqno  graretur.  Volent*  quod  has  liters 
vostne  patentes,  quoad  omnia  et  sinifala  prse- 
minaaaperius  mentionat',  boose,  firmse,  valid', 
•■fficieBt%  ct  effsctual'  in  lecfe  sint  et  erint, 
lioet  crimina  et  ofTens'  pmhct'  minus  eerte 
•pedftcat'  ezistunt,  quodque  hsBc  pardonatio 
nostra  in  omnibus  curis  nostria,  et  abbi,  inter- 
pretetur  et  adjudioetur  in  beoei&centissimo 
aensa,  pro  firraiori  exoneratione  prefat'  Thonme 
Rosewell,  ac  etiam  placitetur  et  alloeetur  in 
omnibus  cunis  nostris  absque  aliquo  bi«vi  de 
allocatione  in  ea  parte  prius  obtent',  eIw  ob- 
tiaend*,  non  obstante  statut'  in  parliament' 
asBO  legni  nostri  decimo  tertio  fact'  ct  edit',  et 
non  ob^nt'  aliono  defect',  ant  aliquibus  dc- 
feetibus  in  his  literis  patentibin  content',  aut 


aliquo  alio  statnto,  acta,  ordinatioiiet'pmiaioiie, 
proclamalione,  sive  restrictione,  -  aut  aNqua  alia 
re,  causa,  Telinatcria  quacunque  in  ooDtrar'  iiiia 
in  aliquo  non  obstante ;  ita  tamen,  oodd  dttA' 
Thomas  Rosewell  tal'  bon'  et  safficwn'  Mea- 
ritat'  de  se  bene  gereod'  ex  nunc  erf^  noa, 
hcred'  et  successores  nostros,  et  canctnm  po- 
pulum  nostram  inTeniat,  qaal*  appmiclMlf 
et  hmitat'  erit  per  Capital'  Jastic^  de  curia 
prsdicf  pro  tempore  existcn'.  In  enjosm 
tttstimonimn  has  literas  nostras  fieri  fiilMsi 
pateotes,  teste  meinao  apud  WestfflOBUl' 
vicesimo  octavo  die  Janaarii,  amio  regni  m*- 
tri  trieesimo  sexto.  (Per  breve  de  pnvHa 
sigriilo.)  Babkbr. 

Super  qno  vb'  et  per  cur*  htc  intelleet'  om- 
nibus, et  singulis  pnemiss',  cons'  est  per  eof 
hie,  quod  predict'  Thomas  Rosewell  (sob  on- 
ditione  mentionat'  in  literis  patent*  snjgcrisi 
recitat")  de  ahis  proditionibas  predict'  mta- 
dictaoient'  pnedict'  superins  specificst' exoM- 
neretar,  et  eat  inde  sine  die. 

On  the  Back  of  the  Pardon  is  written  M  Al- 
lows: 
Ista  Charta  nlaoitatur,  allocator  «t  iifilii 
tatnr  de  record'  ooram  I>omino  Regv  lodd 
Westm'  terroino  sancti  Hilar',  anno  regni  tH* 
mini  Jacobi  secmidi  nunc  Regis  Aiifl'  Ue, 
primo. 


'  That  he  being:  &  f«lsc  Traitor  agiinBt  Ifae 
«  king,  &c.  the  Slst  of  Aoj^ust,  intha  SSlh 
*  year  of  the  king,  knowing  sir  Thomaa  ina* 
« strong  to  have  consptrni  the  death -of  thi 


310.  The  Trial*  of  Joskph  Hayes,!  at  the  KingVBench,  for  Hjgh 
Trea'ion,  in  corresponding  with  Sir  Thomas  Armstrongs  aa 
Outlaw  for  High  Treason  :  36  Charles  H.  a.  d.  1684- 

]Vf  K.  Hayes  was  brou^t  by  Habeas  Corinis, 
upon  the  3d  of  Noveiuber,  lG8>i,  from  the  Gate- 
houRe,  and  H-as  arraigned  upon  an  Indictment, 
tA)  this  effect,  viz. 

*  See  Sir  Thomas  Armstrong's  Case,  p.  105, 
of  this  volume. 

f  '*  In  Armstrong's  pocket,  when  he  was 
taken,  a  letter  was  fonnd  writ  by  Hayes,  a 
banker  in  London,  directed  to  another  name, 
which  was  believed  a  feigned  one :  in  it  credit 
was  given  iitm  upon  Hayes's  corres[ioudent  in 
Holland  for  money  r  he  was  desired  not  to  be 
too  lavish:  and  he  was  pnimised,  that  he 
should  be  supplied  as  he  neede«l  it.  Here  was 
an  abetting  cf  a  man  outlawed  fur  treason. 
Much  paias  was  taken  on  Hayes,  both  by  per- 
auasioD  and  threatening,  to  induce  him  to  dis- 
cover that  whole  cabal  of  men,  that,  it  seemed, 
joined  in  a  common  purse  to  sup|4y  those  who 
0ed  beyond  sea  on  the  acxnunt  of  the  plot. 
And  they  hoped  to  know  all  Monmouth's 
friends ;  and  either  to  have  attainted  them,  or 
at  least  to  have  fined  them  severely  for  it.  But 
Hayes  shewed  a  fidelity  aud  courage  far  bc- 
joimI  what  could  have  biecii  expected  from  such 
a  man :  so  he  was  brought  to  a  trial.  He 


a  alnnig  defence.    The  letter  was  not  exactly 
Klie  kis  haad.    It  waa  boC  addwiwad  to  Ana- 


strong,  but  to  another  person,  from  whomte 
perhaps  had  it.  No  entry  waa  made  of  it  ii 
Lis  books,  nor  of  any  sum  paid  in  upon  it.  Bal 
his  main  defence  was,  that  a  banker  rTsmhri 
into  no  person's  concerns ;  and  therefore*  wkm 
money  or  good  security  was  brought  him,  hi 
gave  bills  of  exchange,  or  letters  of  credit,  ei 
they  were  desired.  Jeiferics  pressed  the  nufi 
in  his  impetuous  way,  to  find  Haves  guuty  il 
high  treason ;  because,  though  there  waa  Ml 
a  witness  against  Hayes,  but  only  |iiiemM 
tions  appeared  upon  tlie  proof,  yet,  JefcM 
said,  it  was  proved  by  two  witnesaea  that  ihl 
letter  was  found  in  Armstrong's  poekct ;  aed 
that  was  sufficient,  the  rest  appearing  by  cl^ 
cumstances.  The  little  difference  hetweoi  Um 
writing  in  the  letter  and  his  ordimury  ■ 
was  said  to  be  only  a  Icint  to  hide  i^  i 
made  him  tlie  more  guilty.  He  requwed  Ihl 
jury  to  bring  him  in  guilty :  and  «aM«  thai  Ihl 
kmg's  life  aud  safety  depended  upon  thia  Hiall 
so  that  if  they  did  it  not,  thevexpaaed  ^ 
kii«r  to  a  new  Rye-Pbt; 
vaoaoeMLWishi 


,  tiievexiMMiltM 
with  aiharcHMi 


•  bur,  •»**•" 


10^ 


fSrHigh  T^fwmn- 


taCbrt,  aod  mjn; 

AtiJ   ttViitiU  ir.«iii  I 


UfOD  ibc  21st  of  >ovcuiber,  1684,  he  wj$f 
brwu^jhl  to  Iritil,    l»elurc  ibe  lord  cfiiel'  jUfUve 


ictj/" 


Burnet's 


a*  «  ctli^^n  lltut  b^  £ieflcries] 

i  lit  km  ftmtcnleii  f  L.«s«n  ;  anil 

ai  the  irot,  ap|i«i  '4  biro  otf 

viii  Ibe  jonr :  wlitCiliv  II  r  I 

•A  iiMnn  i'  t4f  r  at  Mt  QC^-^  r 

Hv  «pniiti^  lit  tlie  1  H  ^vas  not  seen 

becofno  friends.     Upon  ^^ 

•*l,  «,  p.  toy,  8vi>  milt  (if  t  W«. 
••  Nwf.  3,  1084*     Jciseph  Hnves 
VMftlv  Udbctts  Cnrpufi  friMo   ihc 
%^  Koifl^'ft-bctich  tuir,  and  Mfa«  t&rrat^:Laii  on 
«ijiMMi*M  uf  high  tr«aioa,  tor  cointiirtiui/^ 
^^^*  Mii  reliBTUif  sir  TlioiiMuK  A 
ft  loi^  U>   wliifth  bt  {i4«wleil  ^ 


■Bt^yi  truU  by  a  uiry  of  r 
Ai^a4i^  alt#<T  u  rtiulK*ri*rtr  u;i 
llr  ctvf  r«Ml* 


rli.i 


vo  or 
ti<»ma« 
^  g>miff  by  ibe  iiain«?  of  Henry 
iBmnmm^  and  Mi»t  they  had  stsea  a  bill 
itefad  W  ocir  Jos  liiiyes  ftnr  161/  5t.  an 
Mr.  Itnkci'lfai r^,  Utm^  U\o  money  for  1,00 
pnaM  p^iil  m  l^mioti;  Uitm  xh^ve  wu.h  a 
ying  iho  ttme,  ilireck;J  lo  Heniy 
Bubmxiiied  JiMiepli  Hayeti^  whie)i 
■botti  m  T.  Arn>«troii(^  wheu  he 
ttufciwi;  iWa  wii*  t*' '^* '  '  *'''"'  '■"  "*  ^"iic?r** 
badky  CMslbatH  I  ■■■U  ^ 

•ba  hy  CMiamarictg  u  ...  j:si  of 

Uik    TW  jAmma^a  defetici^  was  in  utuking' 
'  I  on  ibe  atideiiea  which  \>  ei-c  very  per* 
aa  «lan  b#  €jdl«d  »iov<<-.ral  persona  who 
'lia  laymlt}',  cmiit  anc]  Minvioiir ; 
Itba  jtirj,  olC  '  s  be- 

lli cnmu  in  a;i  Not 

ba  traa   diJchxir^eLl/       «\drciuuii 
L'i  **  Bnd'HMoricalllutatiori, '  MR 


L. 

ruetit     nms     thus: 

Ji^     " 

phits   R.'iye^   nnpcr 

OOtl' 

►fwnr" 

Jf  (IVi 


.Sopu% 


den,   Jofia    < 
B 

Th«  Jury 
Danit:!  Mkn 
Daniel  Tew 


1,!,.-^  Ili^Uo 


luik't-  WiltiUi^. 


■  u  ib 


Wulle 


I  rid 

4 

re* 


?!Worn  were, 


reg' 


b- 
■  U^cta 

i'  3ia* 

et 

^u 

Dooi* 


*  spiravuise  ct  iaiagiiuil 

*  destruction'  diet'    Don*' 


Samuel  Shesfijirdy 

t.  Adam  BeUwpy» 

>  Dewaft,  Eiiwai'd 

Ell  word  Checke^ 

Then  the  ladictineDt  being  read,  Mt*  Bol> ' 

*  ponderans,  s«d  iniitigatioae  diabobca  oiot'  «il 

*  seductV  iiiu  i  i.-.rk   wMjisu  etdtbitain,  i^t  uatur- 
'  alcm  veru*  et  fttld*  subdrl* 

re  tinetui 
>  stuif   int'. 

'  mfjnt«iiir^,  Hiule^tai^e,  et  ju  i 

•i  rebeUion*  cuntva  *1 

re  et    mo>ere^  *»i   u 

^  Hum   :'     '      : 
*diaM 

*  not]liiit%    tf>rou    iii]||K  nm    it4;rii 

*  f'Oncre,  dtjicera.  e(  dcpriyarei  > 

*  He^eii)    ad    fiaar   destrtictiou*    ..o», 
'  poncre,   31   die   Auj^tii^ti,   annt* 

*  Curuli  secundi   mmr    Hr  .'     in 

*  a  pud    parocb^     ^ 

*  wai'da  de   Basfci^  i 

*  quenflam  Thomaiu  /Winstfoni;  uupt^r  de  Loo^ 

*  doD  Mlbt\  ut  faii^um  [iroditor,  proditoric  C4U|* 
V  fuisse  mortem  et  fintl* 

Reu-',  el   pro  eadem 
proditi^  ■■■■■V  |»r«d^ 

Johajir  cto    31 

die  Aiij;*i-n  .uiuo  rt'L:   «i»ri    i"»iu    ito'^is  n 
23  siipmd',  ct  diversib  uV   dii-bus^  rt  »iaJ 
tain  autea  qxuun   po^tea,  npinl   | 
^liebaeP  B^H^iiihiiw,  in  \v:uil:v  : 


ncti     1 


'  1  m  cor- 
catic'  SLUT 


't. 


^  tuiiq  el    ibidem   pru 
'  tntione^  etmantileiiiioji' 

II*  sd  centum  ai  t|i  Ubia^ 

monel'   Ai^^i^   mat  i  uosio,  el 

et   solvi    c^u:i.oiij    coulna 

lum,  ac  contra  |iaeem  diet* 

I'oiii  .  cumn*>  el  dicniiat*  sitaa, 

'ikc.nt  A  formam  slutuli/  >k€, 


311]        STATE  TRIALS,  36  Cuablu  II.  l6U^Trutl  ^  JoKpk  Hagn,        [SlS 

ttetiy  as  counsel  for  the  kio^,  opened  it  to  the 
jiirv. 

Mr.  Atf4}r,i€ff  Ofintral^  *Sir  Robert  Sawyer.;  . 
KiUiv  Sir  Thomtift  .IrrnMron^  )i»l  fled,  tbe'pn-  j 
contT  TvWf^eA  and  aid«>d  him  with  money,  and  1 
thit,  after  he  was  indict^!,  and  sued  'to  the  j 
Kxifrtnt ;    iN^KiiJes,    a    pmchiniatkin  followed  | 
ii|wiii  liiK  flight,  which  was  a  sufiurient  notice  \ 
t^i  oil   th<:  Icin^'f*  subjects.     Sir  Thomas  went  | 
hy  the  name  *A'  Henry  Lawrence  beyond  sea  ; 
by  that  narnc  the  prisoner  held  a  corrwpond-  . 
eiifc  with  him,  and  sent  him  a  letter,  dated  the  , 
'Z\st  of  Aij(.ni>.t.  and  tells  hiTi,  he  bi.d  sect  hiw 
tthilltjf  f  ?:.;!. an r/«:  for  Vi^^t.  drawn  upon  hU  \ 
hr!iiii<?r,    l«,:u»-l  il»;v< -^   who  was  ac^iuaiRted  ; 
Ufilh  sir  Th'iiiiT,.     If  it  ^x-re  not  for  these  re- 
fti'iviiijr  jin/{  hoi:r.".,l.iwc:  r-f  tr&itors,  they  would 
nut  lurk  at  Anrtiiiari*,  as  ihev  do,     I'Le  letter  | 
viitNtik*  :i  avjui  -iir  7  !i'»r!:ab.  and  we  shall  prove  . 
it  ij*  the  ;>.•.■ -'.riM-'^  it uwi- writing,  and  that  sir 
Thorn :i*;  ur  ••:■.  tA  t*;t  ftjom-y.     1  hope  you  will 
tuki;  cfiP-,  t,y   ( »•  ri\  ictinyr  this  ^i  ntleman,  to  i 
Ktop  ihi-  I'MiriViii;,  V.  iiich  ivsiu-s  so  much  supply  j 
to  llir.w  trail.,,.*  Y,\^'^  j„;k  i.Ijr*ad. 

3«r.  /y'lf/'..-,  i!;  :ii  iiifiriiiefl,  that  he  never 
kni»\*  sir  't  noTrKis  j.i  liis  life. 

Th#ii  iJ."  liidii;tiiu;!jt  a<|aiDst  sir  Thomas  was 
reuil,  which  was  found  tliu  r^th  of  July,  and 
Mr.  tilover  provf.d  a  copy  of  the  kiniL^s  pro- 
clamation against  sir  Tiiojuas,  dated  the  l^Bth 
of  Juno,  VJ'fVX 

TIm'u  Kzikifl  Ercrls  was  sworn,  an«l  testi- 
fieil,  that  in  Au(ruxt  IGiiS,  \u'.  was  at  Clcrc  in 
Cjisrniany,  with  the  lord  Orey,  who  went  hy 
the  name  of  Thomas  Holt,  anH  sir  T.  A.  came 
thiihffr  hy  lh<;  ii.'ii;ir- of  'Ir.  Hrnry  l^urence, 
and  slii:wid  hini  a  Kill  of  ('xchaii^r^T  fi-om  Enr^- 
hnid,  upon  Mr.  Isra«  1   II;»y's,  in  Ainsirrdam, 
lor  l(>u/.  odd  mom;}  ;  and  that  it  \%asfor  lAO  ' 
guineas,  p;ii«l  in  Mii^^latd  :  ami  he  toM  him,  it  ; 
wioi  diiivvii  li  V  .}o.M|i!i  I  iuyci,  and  it  was  signed  i 
Josi  ph  H;i\(  s  ;  and  tlic  lull  wns  accjptf  d,  and 
1h!  kuw  Isia<.l  llay«  '.V  If:'.^  r  to  sir  Thomas,  by 
th<*  nunu:   of  l/nMixiu...-,  whirh  uionlioncd  th'j 
9cndin^ th^said  Mini  X't  ('!<  \f. 

'I'Ih- t'oiiniioii  S  .jtuii  ((.'risjK')  then  d'-li- 
TeriMl  a  parnl  of  h-iu-rs  into  tin'  ccinrt,  and 
fiivon*  that  h"  rrcrivi.d  tin  ni  of  thf  lonl  Cfodol- 
idiin,  and  tlit-y  Ind  hct  u  cvd*  since  in  his 
(inndN. 

'i'lit*  Lord  (iiulo/j  hln  t!ien  tcMificd,  thai  he 
riM-fivrd  thri-<- IrtlfM's  iiriidiir(d  in  court,  from 
Mr.  t'onMaliic,  ."Mr.  t'liiidl<y's  secretary >  who 
toM  liiia  tiicy  \tt'i-r  tal.  S)  aitout  sir  Tlit)inas, 
tli:iton(M)f  thi-ii\.  I'.itluMit  a:iy  name,  mcnliom'd 
l'iC»i;nin ;nl'nt;'.!  {u  i.{<iu\  I.aur('!iC»\ 

Vofi.'.t  h!i  !■  ■liti;  'I,  Xi.r.i  hi*  \va>  pitscut,  when 
thr  Seoul  nf  i*ul».i  ,(;•;. i-f Ik nilr-d  sir  T.  A. 
and   thai  ihr   !(iLiis   v.'-."  4  d^on  out   of  his 

IMii*l;i;i,  :ind  iit*  hinroill  iI.  11\(m'C(I  tlicm  to  Mr. 
I'huillry,  wini  M,a|c4l  th-  in  i:;i,  and  sent  them 
by  him',  to  till'  lord  tiO;!i>'plii:). 

VharUi  Duris  tvs(ifi«(l,  tiiat  takinpf  boat  from 
AmKtrrdaiii  to  Ucti^  rdam,  !ic  met  Israel  Hayes 
and  air  T.  A.  tomii'ir  to  take  Imat,  and  bir 
Thomas  i^int  witli  him  in  the  boat,  and  he  told 
tlwiik  hiv  name  u  as  Henry  Laurence.    Uavis 


\ 


added,  that  he  loA;^pd  a  month  in  one  Bria- 
cnwe\  house  at  Amsterdam,  where  there  waa  a 
cluh  eren*  Tfaurviay :  there  were  Mr.  Inad 
Hayes,  Mr.  Henry  Ireton,  one  W'ilmore, 
Emerton,  Dare,  antf  some  other  Enj^ish  mer- 
chants ;  and  he  beard  ifaem  ^et  eral  times  aboM 
the  king*  at  table. 

The  Atturney  General  then  shewed  Mr. 
Hayes  a  letter,  savins*',  It  may  be  he  will 
sare  us  the  labour  ot^'proving  it ;  biit  3Ir.  Havea 
disoviniosr  it,  Mr.  Ualpol^  was  called,  and  Sir. 
Hayes  said,  lie  was  my  serrant,  and  went  awav 
after  a  rate  that  possibly  would  not  be  af- 
I'jwed. 

WulpoU  testified,  that  he  seired  >Ir.  Hayes 
almost  fuur  years  and  three  quarter*,  and  dad 
beiieve  the  letter  to  be  3Ir.  Hayes*a  huid. 

Huyts.  3Iy  lord,  in  m^itters  of  trcsaoo,  I 
hope  \  ou  will  not  admit  of  compariaon  of  hndi 
and  belief,  for  evidence. 

L,  C.  J,    Ves,  no  doubt  of  it. 

Hayes*  It  has  not  been  so  in  other  casw, 
that  have  not  been  capital  \  as  pmrtictilariy  ■ 
tiie  Lady  Carr*s  case. 

L,  C.  J.  This  is  tf  mistake,  yon  take  idnm 
Al<^emon  Sidney;  but  without  all  doubt il  M 
jftiod  evidence.* 

Jud^e  Withins.  Comparison  of  hands  w 
allowed  for  $^ood  evidence  in  Coleman's  CMCf 

Hatftt.  That,  with  submission,  Tiitly  dif- 
fers ;  those  letters  were  found  in  his  own  cm- 
tody  ;  this  was  not  found  in  mv  posseaBon,  bot 
in  another  mau's,  and  in  anotlier  nation. 

Sir  John  Trczvr,  couusid  for  the  king.  Tbii 
fl^entleman  was  a  trader  with  tlie  £ait- India 
Company,  and  made  contracts  with 
whicli  are  entered  in  their  books  ;  we  will  c 
pare  ihcm  with  the  writing  in  this  letter. 

The  Connnon  Serjeant  then  railed  Hannan 
and  Brittle,  and  demanded  of  them  where  the 
Ituuks  wvYL' ;  and  ihev  produced  them. 

lltiriiunt  toslilied,  that  he  kucw  Mr.  Hayei^ 
and  ili'tt  he  mide  several  contracts  in  1689^ 
and  that  he  sau  him  in  September  1683,  iub- 
bcrihc  his  hand  to  a  book  of  the  company^ 
shown  to  him. 

iiriuiv  t<  siifiLH],  that  hi'  is  porter  in  the  alreil 
to  tin:  E.ist- India  Company,  and  that  he  saw 
Mr.  na3L'S  write  his  hand  \o  a  book  shewn  H 
him. 

Capt.  rUrcehiHse  produced  a  note,  which  be 
said  was  I>lr.  Iltiycs^,  and  that  he  suppoaedil 
to  Ik;  his  hand,  and  compared  it  with  the  hand 
in  tiie  hiHik,  and  said,  that  he  deliTcred  the 
{^oods  upon  it :  and  \\  alpole  then  said,  he  b6» 
lii-vcd  it  to  be  Mr.  HaycVs  hand. 

Then  i\]i*.  ::itur(jlirajit  was  called,  and  thejT 
showed  him  the  letter,  and  he  said,  Here  u 
Joseph  Hay  v.>  writ,  but  1  do  not  ktiow  it  to  b6 
his  h.ind. 

The  Common  Sorjcant  said,  that  3lr.  Stm*- 
dtvant  swoi-c  he  did  know  Mr.  Hayes's  handp 

*  See  the  1^:ocee<lin^  in  Sidney's  CaW|  toL 
9,  p.  nu\  of  this  Collection. 

t  As  to  the  truth  of  this  assertion,  See  Coh; 
man's  ca^,  Vol.  7,  p.  1  of  this  Collcctwn. 


313] 


STATE  TRIALS,  3(>Chablb8 


befare  the  grand  jury;  but  Mr.  SturdiTant  af-  | 
finned,  the  coinmoa  scijcant  wgs  under  a  : 
wftike. 

T1m»  sir  John  Trevor  called  for  Mr.  Har-  ' 
iiHiL ;  but  tli«  common  seneant  answered,  ■ 
Tbat  be  was  out  of  town  before  he  could  hh  , 
lenred  with  a  subpcena. 

Tben  the  Ljettcr  was  read,  It  was  snbscribe<l  . 
Jouph  Ilayea,  and  dated  the  Slat  of  Aug^ist,  | 
1683,  directed  to  Mr.  Henry  LAurence,  iieiiior,  . 
U  Amsterdam,  and  began  thus,  *  Sir,  at  your  : 
ttcdre  I  bare  seut  you  a  bill,'  <kc. 

The  letter  and  the  Easit- India  books  were 
tben  shewn  to  the  jury  and  to  the  priKoner. 

Haya  denit-nl  the  letter  to  be  his  writinii[',  and 
Hid,  It  is  very  strange  I  should  not  know  my 
•va  hand  ;  may  not  counsel  be  admitted  to 
ihsd,  Whether  comparison  of  hands  and  be- 
bf  anp  anj  evidence  in  criiuiual  causes  ?  I 
kfc  been  infunued,  it  hath  been  denied  to  be 


£.*  C.  J.    You  are  under  a  mistake ;  some 

My  has   pot  it  into  your  head,  and  puffed 

m  Dp  with  a  vain  stnry ;  there  is  no  such 

br,  It  is  a  fiction,  a  meer  whim,  only  said  by 

■r.  ndoey,  and  no  ground  in  the  world  for  it. 

Emm. '  \Vas  it  not  so  in  the  case  of  my 

Uj  Carr  ?  There  is  a  record  of  that  I  suppose. 

L  C.  J.     It  was  not  so.    Don't  talk  of  it  *, 

Ibtftvaa  oo  such  thinff  at  all.    Comparison 

iff  ¥■!•  was  allowed  for  good  proof  m  Sid- 

Wff^  OR:     We  must  not  alter  the  law  for 

■7  Mr. 

Jit.  Gen.  Besides  this  comparison  of  hands, 
«e  Aaflgive  an  account  of  the  correspondence 
rfike  pMouer's  brother,  and  that  he  recei\ed 
the  MMey  of  him.  Mr.  Common  Serjebut, 
Wloe  ha'd  you  this  paper  ? 
Cm.  Serf.  I  had  them  from  my  lord  GodoN 
*'''~  This  is  an  account  of  the  receipt  and 
Dent  of  the  mouey  ;  shew  it  31r.  Con- 


Camsiab/e  This  U  one  of  the  papers,  which 
wm  taken  out  of  sir  T.  A.'s  pocket. 

It  being  sheun  to  the  Jury,  one  of  them  de< 
■aided,  Hhcih«rr  au^  one  proved  the  hand  that 
win  that  note? 

'  Ati.  Ctn.  No  ;  but  Everis  swears,  that  sir 
T.  A.  shewetl  Iiim  a  bill,  subscribed  Josepli 
Haves,  for  so  uiain^  hundred  Guilders. 

Cbbi.  Stij.  He  says,  it  was  160  odd  pounds  ; 
WW,  the  sum  of  this  note  is  Itil/.  5s.  which  is 
#•  change  of  150  guineas. 

Ifoyrt.  Here  is  nobody  proves  this  letter  to 
%i  mv  hand,  |Kisiti\ely  :  they  o:dy  prove  it  by 
fimilitiide.  and  comparison,  and  belief.  I  cou'- 
^•me  thtrre  is  but  one  uitnpss,  that  that  letter 
Vli  found  in  «lr  T.  A\  hands.  Everis  says,  he 
W  a  bill  had  my  name  to  it.  »Sir,  you  <!id  not 
Iww  me,  n«'r  e*  er  saw  my  hand  ? 

tx€ri$.  No,  never  in  ni^life. 

Bmf€t,  It  is  only  an  evidence  of  reputation, 

'heard  it  nas  my  bill;  you  saw  no  money 

ii  vpoo  it.  Hid  you  t 


*  k  was  in  Trinity-Term  1669.  Anuo  31 
MiClSid.  418. 


If.  1684.— /9r  High  Trtawn.  [SU 

Everis.  No ;  but  I  saw  a  letter  from  Mr. 
Israel  Hayes,  that  gave  some  account  of  it. 

Hayes.  All  this  is  hut  similitude  and  circum- 
stance :  and  T  thought  in  case  of  treason  there 
ought  to  be  two  witnesses,  and  ho|)e  you  will 
let  it  be  so  here :  here  is  no  evidence  but  the 
letter,  anil  that  is  not  ivto  witnesses ;  there  is 
no  bwly  has  proved  the-*  knowingly'  in  the  in- 
diccment,  that  runs,  that  I  knew  sir  T.  'A.  and 
his  treason :  that  ought  to  be  proved,  but  I  am 
sure  it  is  not.  Your  lordship  says,  that  the 
indictment  and  the  proclamation  are  sufficient 
notice  that  he  %vas  a  traitor :  that  may  admit  of 
counsel  to  det*ate  it ;  there  ought  to  be  wit- 
nesses tliat  could  shew  me  to  be  concerned 
with  him  ;  which  nobody  in  the  world  can: 
prove,  or  that  I  ever  saw  him  ;  and  that  wit- 
ness, who  says,  he  saw  the  bill,  or  this  letter, 
does  not  know  that  I  wrote  it ;  there  are  them 
that  say  they  beard  of  money  paid  upon  this 
bill,  but  there  is  not  one  of  them  says,  he  saw 
any  money  paid  :  and  these  are  several  wit- 
nesses, every  one  to  a  several  thing.  Here  is  no 
proof  but  by  the  East- India  porters,  and  those 
who  say,  they  believe  this  letter  to  be  my  hand  ; 
nobody  says,  he  saw  me  write  this  letter,  or'had 
any  correspondence  with  sir  T.  A.  If  thq^ 
pretend  there  was  money  paid  beyond  sea ;  is 
this  indictment  well  laid,  for  it  is  laid  to  be  paid 
in  London?  The  payment  of  money  beyond 
sea  can  be  no  evidence  of  fact  upon  this  indict- 
ment: for  the  jury  of  London  are  to  enouire  of 
matters  arising  in  London  only.  If  1  am  to 
be  tried  for  payment  of  money  beyond  the  sea, 
the  fact  should  have  been  laid  tliere,  and  the 
trial  ought  to  proceeti  upon  the  statute  of  3.S 
H.  8.  cap.  2.  The  indictment  should  be  taken 
hy  special  commission  from  the  king,  and  the 
trial  be  in  the  county  that  the  kuig  should 
choose.     1  desire  counsel  upon  this  point. 

L.  C.  J.  No,  it  is  an  idle  whim,  and  I  would 
fain  know  the  counsel  that  put  that  foolish  no- 
tion into  your  head. 

lluifis.  If  you  will  allow  me  counsel,  yon 
shall  hear  who  they  are ;  I  have  been  informed 
the  law  is  so. 

L.  (.'.  J.  We  are  of  another  opinion:  if 
any  u  himsical  notions  are  put  into  you,  by 
some  enthusiastic  counsel,  the  couitis  not  to 
take  notice  of  their  crotchets. 

lliit/ts.  The  witnesses  are  strangers  to  me ; 
there  is  one  tliat  has  been  sworn,  to  whom 
I  li:ivc  paid  several  thousands  of  |)ounds,  who 
sjys  he  does  not  believe  it  to  be  my  hand. 

'Then  he?  called  ]>Ir.  Sturdivant,  who  looking 
upon  the  letter,  said,  I  do  not  believe  it  to  be  his 
hand,  I  ha\c  had  dealings  with  him,  and  he 
hath  given  me  many  receipts. 

Hnj/cs.  There  have  bt^eii  a  grcnt  many  for- 
geries ;  and  this  letter  is  foi^eil :  lh«»re  have 
been  forgeries  so  like,  that  the  [>ersons  them- 
selves have  not  known  their  own  hands.  Every 
b<jdy  knows  that  a  hand  may  be  countcrfeiti'd 
very  like:  in  Mr.  Sidnoy*s  cas<?,  Mr.  Wharton, 
a  young  gentleman,  not  above  one  or  two  and 
twenty,  said,  He  could  undertake  to  coun- 
terfeit any  man's  hand  whatsoever.    I  am  not 


S15]       STAT£  TRIALS,  36  Cha^rlhs  II.  i6S4.— Trto/  o/Joieph  Baga,       [S16 

m  man  of  that  quality,  to  g^ive  sir  T.  A.  150 
guineas. 

£.  C.  /.  We  all  know  you  have  been  a  very 
active  man,  a  hiisy  follow  a!>out  the  city  ;  as 
forwai-d  a  s^*ark  as  any  I  know  of  a'^rcat 
while.     I  rioirt  know  what  you  talk  ofyoui* 

Suali'iV,  but  w  c  k:»ow  ■,  c  v:  qulililicatious  ;*you 
av4iaiway;  ht:c:!  t;u?iiuii5  unil  Uirbit  lent  against 
the  kiii;^  1111(1  <;(jv;  :-:)Uii.;it. 

Huyts  liieii  aliiiuiL'J,  that  ho  neither  gave 
nor  le:;t,  nrr  rciiM'ijttl  any  sum  of  money  to 
this  i»cr8on  ;  anil  tlien  eailul  Mr.  Lau>;Iey, 
who  ti-siiriul,  tl..;l  ;i  Utter  was  counieri'citcnl 
and  a  bill  of  ExLh:i!i^\.'  ur:  l^o/.  and  so  v'»x:ictly 
like,  tbat  if  he  li.ul  noL  known  oi'it  I'Clb.c  he 
saw  it,  he  nuist  luive  ov  nit!  il  for  his  h;=r.d; 
anJ  the  party  that  \yJw\  th-j  !u:*i:'jy,  i^airi  it  in 
his  own  wnaj;' ;  torhentxer  <ircw  nn^  such 


bill.  i\ir.  i/ounnnn  MoiJLid!  liad  my' books 
seve'aldavs  in  hia  ir^U'is.  wheiv  thsre  is  r.n 
account  of  ,10,000/.  I'ctwccii  :ny  Iroiker  anJ 
me  ;  ami  if  I  would  stt  my  haV.d  to  s'lc'i  a 
letter  and  bill,  and  write  my  n:u:ie  at  length, 
is  it  not  as  reasonable  tiiat  I  siiould  pnllhc  nuiLe 
of  Lan.Tnce  in  jny  books?  and  if  it  weivj  there 
he  would  appe:ir.  Indvod  Iilu*  is  ;:n  account 
prodncfn]  of  di\ers  -x.icels  cl  ir,o;iey  disbursed 
m  little  sums  ;  but  1  -ipju  al  to  tiiJ  merchants 
whether  any  bill  ofExclianGre  Mas  ever  paid 
io  such  pareelt.*  No  iortij^ir  bill  was  ercr  pui<i 
by  3/.  or  3/.  or  20/.  at  a  time  ;  it  inusl  bt^  paid  at 
the  day,  or  it  \till  be  pruttsttrd.  IL.'i-e  is  a  com- 
putation of  a  sum  like  to  the  sum  in  the  bill ; 
out  tiipse  are  su[)positions,  and  not  proof. 

lln^n  Mr.  Hayes  calb'd  .VMerman  Jef)i'eys,.to 
speak  to  his  reputation  aiid  eonnrsation  ;  who 
said.  That  ho  had  known  him  many  years,  and 
never  knc  w  ony  hui  t  of  him. 

L.  C.  J.  Have  you  been  at  any  of  the  elec- 
tions at  Guild-hall  for  mayors  or  sheriffs, 
when  Mr.  Hothet,  and  Mr.  Cornish,  and  them 
people  were  chosen ;  and  hu\e  you  seen  Mr. 
Ha} cs  there,  and  how  he  bebaveil  himself?  A 
very  forward  active  man,  I  will  warrant  you. 

Aldermau  Jtfinys.  I  su|)|»o>e  I  may  have 
seen  him  there,  but  I  cuunoi  say  any  tfiiug^  to 
his  behavir.ur. 

Then  Mr.  Hayiis  aiVM  Mr.  Pellet,  Mr. 
IJoyd,  Mr.  WitheVs.sjai.  Mr.  Witlicrsjnn.  and 
BIr.  lfut;:h  W  bite,  who  ^ave  a  fuir  account  of 
his  deal  in;;  ami  comers.ition.  He  then  said, 
that  he  w  ould  trotdib?  thu  court  with  no  more 
witne^kses. 

Mr.  Atforneif  C aural  then  said,  that  he 
would  call  on(.>uirncs>«  more  a^ninst  him;  and 
ordered  Attirbury  the  nuv-'ieni^'T  lo  bo  swon., 
and  the  letter  va's  sbtwet!  lo  h:r»v 

Attcrbuni.  I  ;ip;»rehendo<l  Mr.  Ha} es,  and 
brouLCht  him  I"  loi'C  the  kin^f,  and  was 
presuit  wli(  n  th«'  leiUi  v. .is  shewed  to  him  ; 
and  the  kii.^  and  Lord  Keeptr  North  press- 
ed him  to  own  whetlwr  it  was  his  hand,  or 
no ;  and  he  snid,  he  shu«dd  say  nothing:  tu  it,  if 
they  could  j)rtive  it  upon  him,  well  and  good. 

Huiftis.  Ili«  mai(  sty  was  not  there. 

AUcrbur^.  As  1  remember,  the  kmg  was 
there  s  I  imu*;iue  the  lun^;  was  ibere. 


X..  C.  /.  I  was  there,  what  be  saja.  w 
true ;  von  said,  I  am  not  botmd  to  aocine 
myself^;  it  is  true,  you  did  deny  that  jon 
knew  Laurence  or  Armstrong ;  and  it  is  at  true, 
you  would  not  abeolutely  deny  the  letteff* 
but  Slid,  you  were  not  bound  to  accuse  your- 
self. 

Hayes.  My  lonl,  I  did  hope,  tluit  in  point  of 
law,  my  counsel  should  have  been  heard  to 
those  things  I  mentioned,  and  I  wish  you 
would  favour  roe  in  it ;  [but  that  beiny  denied 
him,  he  addressed  himself  to  the  jury  t"]  Motbbg 
has  more  troubled  me,  sinoe  my  continement, 
than  the  imputatiou  of  high-treason,  a  thing  I 
always  detested ;  I  never  knew  any,  toe 
Iv^ast  thing  of  the  conspiracy,  hut  by  the  trialf| 
or  other  printed  papers  -,  not  one  of  the  con- 
^^{•iraiors,  who  have  come  in,  or  been  takeo^ 
have  charged  me  in  the  least ;  nor  did  be  him« 
.':if  accuse  me,  with  whom  I  am  charged  to 
have  this  coiTespondeuce.  Gentlemen,  1  de» 
Miti  yon  to  consider,  that  it  is  my  Uib  is  con- 
corned,  and  I  beg  you  would  consider  whal 
tlie^c  witnesses  have  testified ;  they  are  not 
posi-ive  in  any  res|>ect,  nay  there  are  not  two 
to  any  one  thing  that  is  charged:  ConstaUt 
s:i}s,* the  letter  was  found  among  sir  T.  A.'s 
papers ;  he  says  no  more ;  and  here  are  not 
twj  witnesses  to  that:  Everis  tells  yoU|  he 
s:iw  this  bill,  b'.?t  did  not  know  ray  band;  there 
isnobmly  tells  you  1  wrote  this  letter,  but  it  is 
fon-id  in  another  man's  custody,  in 
nation. 

Gentlemen,  it  is  very  hard,  that  by  « ^_ 

risen  of  hands  a  man's  life  should  he  in  danger  ; 
when,  in  lesser  crimes,  it  has  been  denied  to  be 
gT)od  evidence ;  and  none  of  you  can  escape 
the  same  danger  if  this  he  allowed  to  be  eri- 
dence ;  for  your  hands  may  be  counteifeiled  as 
well  as  mine. 

If  there  had  been  any  probability  of  mj 
knowing  him,  it  had  been  something  ;  out  there 
is  not  one  that  testifies  that  ever  I  knew  him, 
nor  indeed  did  1  :  there  is  a  great  deal  of  cirr 
cmnstaucc  made  use  of,  upon  the  accotmt  of  hk 
actpiaintance  with  my  brother  in  Holland  ;  bu^ 
it  is  strani^e  there  should  not  be  some  evidence 
of  a  fnrtlicr  correspondence  between  him  and 
me,  if  there  were  tiiat  intimacy  that  such  a 
letter  as  this  doth  imp<nt. 

I  must,  with  reverence  to  the  divine 
jesiy,  say,  acd  I  call  Gwf,  angels,  and 
I  to  wltne.NS  the  rrui!i  of  it,  as  1  shall  answer  it  te 
him,  biitire  whom,  for  ought  1  know,  I  am 
qniekh  to  appinr,  that  I  neier  in  my  lifespoka 
with   sir  T.  Armstroni^,  nor  was  ever  in    his 


company,  nor  ever  wrote  to  hiiu,  by  the  i 

of  Laurtnrc,  or  any  other  name;  and  I  do  so- 
lemnly say  in  the  presence  of  God,  that  I  never 
gave/sent,  lent,  paid,  or  onlered  to  hi;  paid,  anj 
money,  directly  or  indirectly  to  air  T.  A.  or 
H.  Laurence,  or  to  htm  by  any  other  name,  or 
to  his  use  ;  I  speak  it  without  any  comitcrTeiting 
or  eqni vocation. 

Gentlemen,  there  have  been  overturn,  if  I 
woiihl  say  some  things,  that  my  life  mighibe 
saved ;  and  it  is  not  to  be  bvlieredToial  | 


STATE  TRIALS,  36  CffAllin  n.  1684.-:^  Higk  TVmmh. 


r»» 


f>lB  llw  fiaioe  cif  mj  life,  if  b]r  ipialtiiig 


b)4t  do  jt^ti 


MIA^IIlte? 

L.  C~  X  Ay,  bai  J^n  mait  say  those  things 
tkU  warn  4mpm»  um  At  f^)t  vu  lo  hear ;  ymi 
•Ml  feot  iiBimate,  is  if  t  ^  men!  would 

■    Witkf  a&J fliicb  rttmfnvt  Ik  of. 

^K     Htfjrri,   l^'i^  n 111  me 

^^^fcj.    If  1  idl  yrtM^ 

^H|^M  Kbs<  |i«rlui|tjs  you  It  til  be  vt^ry  tinwiHtng 
^^^Hiri  «Ni  ID^  word,    it  wilt  he  very  u»plea> 
^^W^  Is  Inbt  It;    y<J<u   h»d  t>etter  let    tho^ 
Ikttfi  alanr,  for  you  will  butdnm  it  load  upon 

Utfn,    1   bfteedi  y4>iir  limlship  k^  ti«ar 

L  C  X  V«,  1  wtTl  lieftT  yon»  provided  you 
Uiq^  witliiii  doff  bouttds ;  but  we  must  not  autfer 

0^pcr.  I  «hy  n^ihingr  but  tbis^  tt  has  b«on 
iii  ate,  llMi  the  wsy  tos&re  my  life  is  to  coii- 


r 


C  (X  X    A«  you  represent  it,  it  is  a  reflec- 
li  iMi  ibc  gtjTcrnmifut— you  talk  of  over- 

ihMbc  Imi  niftd«  vou ;  do  tiot  make  tii€ 

ital  I  bay^no  muia  to  aay. 


[^•ffidr 


♦i«fe/   *tid   *  1  think^*  or    *  I  liuve 

inMm^  I  knnw  yiiii  ftre  mj'  fHlow- 
^•cHt  rf4T<jti  M  !u7- tiDTiK.  :iniT  of  the  mme 
J  hojjt*  you 
I  any  pre- 
I  III*,  i  wiii>ftrtial  I'ffso- 


tilt*  4  or  ftOOOr 
■nnicsxj    r  ajtiU,    f#fy  t(C««ptltf>' 


llbfti: 


uod.  imdc!ft»0k  lO 

Bfr.  Il«yc»»  thtl-tt  pftrdoii  >.;HMnu  »h 

.  OO  ifukiflwi  10  lli«  kmg^^  and  looo  to 

r^    Iraft  Ii0  •^.nvufili  deobu-«d,  that  the 

mi  fcfoard  httn  tb«rciii,  tnd  lotd  bitn, 

►^fc*  •*!  Ajf^'JHMl.    that  bi-   hi\d   l>^.TlfM- invr 
mh(r^ 

boll, 

,  _J*  dk)  f^tertiiTtt  ilKMiid   tiol  hurt  Mr, 
iijn/*    Fanaac  EJiiiiMi. 


nn.  I  say,  Mr.  Foraler  by  n^me  told  mf ^ 
*••  •«  on  wiy  for  me  lo  escape,  but  by 

L  C  J.    You  hfu\  best  call  Mr.  Forstcr,  to 

IfeM  \  *m  \\t'  rnrnf*  tn  till  v<jii«;o  •    if  VOU  dO,  I 
^-  i  Of  5000/. 

^  :   vmi   bad 

li^aNivar,  or  i  shaii  ^twi  .»i>d  of 

•  ^■d*J  erf  *cnT!»^W\  th;^t  is 

fi  Ikl,  liiat  wa?t  the 

^»  T  h«iT<»  d»*rl»rcd 

I  ?^  '^^^  ^  ^  ^^  *^*^  srtkmuit 

I.  and  n<^i  an   ii!   i 


le«?e  tbe  tu«tt€r  with  you  ;  T  am  snrt^  tbtt  If 
God  help  mp,  J*nd  deliver  me  in  tliw  cxig^iey,  ' 
that  it  is  hcf*  and  you  undti'  bim,  that  preftTf« 
my  life-^ — 

Geutlcnirti,  The  great  iooertaiuties,  impro*  . 
babilit)i?s.  imd  consequeaees  in  tbis  casr^  1  hope 
wtll  1^  wei((bed  by  you,  aod  maJee  you  wm 
better  to  consider  the  proof,  which  is  made  by 
oooe  but  such  as  are  stranj^era  to  me ;  since, 
tbeu,  l)>  lie  not,  I  bo^ie  you  will  weigli 

it,  heiih  V  it  agmnst  me :  we  must  aO 

die,  stul  1  .uu  sure  it  will  be  no  grief  to  you 
tn  acquit  a  man  that  h  innocent.  I  leave  it 
with  you  ;  tlie  Lord  dirtrt  you, 

5Ir.  lUcotikr^  (8ir  Thomas  Jeeui«r*)  11w 
treason  charged  on  the  prisoner  is  ^*  that  sort, 
t^t  if  he  be  guilty  ^  he  wilt  l>e  a  jimt  exampfe 
to  terrify  others  from  doing  the  like ;  tor  if 
traitors  had  not  per^on^  to  supply  them  with 
money  abroad,  it  may  be,  they  would  not  baT« 
so  much  courage  to  run  away.  We  have  si- 
tif^fied  you  that  sir  Thomas  ^mstrong  was  tn- 
dieted ;  that  an  exigtmt  was  gone  at^atust  him 
upon  that  account  j  here  was  a  urocUiiiatioUt 
and  sir  Thomas  Arnistrong  namecf  in  it  ;  and  so 
the  Recorder  re]»entet1  the  evidence  of  the  wit- 
nesses, and  eonchided :  Gentlemen^  We  think 
that  his  defence  Imsljeen  so  little,  and  our  proof 
so  strong,  thai  y<Hi  have  good  ground  10  find 
him  c'uilty. 

The  Litrd  Chjf  Justice  then  summ^  op 
the  matter  t4)  the  Jury  : 

Gentlemen  of  the  Jury,  This  is  an  iQiicf> 
ment  of  iii(;h- treason  against  the  prisoner  at 
the  bar;  and  yon  are  to  try  it  ai?eording  to 
your  evidence*  The  priwwJer'si  aifii-matiori  ©f  ^ 
his  innocence  16  not  to  weigli  with  you.  Nay* 
I  must  tell  you,  I  cjmnot  but,  upon  this  ooMi- 
siou,  makf  a  little  reflectioii  upon  seTeml  nf 
the  hoi:  ntfTTS,  thai  ly,  with 

a*  m  II c  , .  impreci'  j  ce  upon 

t \\mn^L I r '  s  .oiy  treasoD  ; 

but  ihrunhi  ^  ty  good  aer* 

that  \u'[{.  '  ■   \  notun^ 

one  of  tl  ill  ihi« 

i:>Mfvr.  ilirl  -n'Mfiu  U?  SO  tkf 

1        >i  that  they  nhould 


and  all  tbit»uu- 

.  1  of  religioti ;  pay, 

.  r  ofHiiother  of  lie 

r  a  fuU 

of  haf' 


I"    '    ■'"- 

(\  .rr   :,:,!,: 

1  *  '  ' '  VOU  O.J  I  I  IT- 
CO  aspirators^  [lord  iiv 
and  evident  proof »  and  [ 
io^  an  band  m  it,  when  he  ooniea  upmi  llie 
brink  of  fleatb,  and  mas  to  answer  for  that  hor- 
rid fact*  before  tbe  great  G^h),  b«  blessed  At- 
mi^cy  r4od,  tUt  he  died  by  the  band  of  tbe 
■  r<nd  did  not  die  by 

-wl,  at  the  place  of 
I  \»f-ini"n,  iiifii  ne  n<e<i  a  irailor  ag^insl  tbe 
king  and  government,  rather  than  died  o  mar* 
tyribrhts  religion  f  " -nk  it  ncocssary  to 
make  •loroc  reflei ;  ;  when  mtin.'^un- 

th>r  rh^^  nriH/*nee  ui  --  -v,-  •!•  "^'^ 'townd  up  to 
to  lb  ment  rlif^emses,  to  di4tuTb 
Ihi-  L-^t 'Muniment,  Ift  dqstfoy  tba 
*^  <<er  bb  sacred  : 

ui  ^  ,  and  lo  «abveK«iiri 


319]      STATE  TRIALS,  s6  Charles  II.  ibSi.— Pr/fcAflrrf  t.  PapUlim,       [320 


gi«n,  and  liberty,  ant)  pro]ierty ;  and  all  Ibis 
carried  on  upon  pretence  of  doiiiji^  Gut)  {ifood 
■enrke.  You  are  to  ^  accnnlinsif  to  evidence ; 
as  the  blood  of  a  man  is  precious,  so  tlie  |^o- 
vernment  abu)  is  a  prt-cious  thin^ ;  the  lile  of 
the  kinfl^  is  a  precious  Chinj*',  the  preservation  of 
oar  religion  is  a  iNrecious  thing',  and  therefore 
due  regard  must  on  had  to  all  of  them.  I  must 
tell  you,  in  this  horrid  conspiracy  lliere  were 
several  persons  that  bore  several  parte ;  some 
tbaC  were  to  head  and  consult;  there  was 
a  council  to  consider  ;  otliers  were  designed  to 
have  a  liand  ia  tlie  perpetrating  of  tliat  horrid 
villainy,  that  was  intended  u|)on  tlie  ])ersons  of 
his  sacred  majesty  and  his  ro^'al  brother,  and 
witlithcm,  upon  tlie  persons  of  all  his  majesty's 
loyal  subjects  that  acted  with  duty,  as  thc}' 
ought  to  do  ;  there  were  others,  that  were  to 
be  aiding  and  assisting  (as  in  the  case  of  the 


prisoner,  if  you  find  bim  guilty)  aiding,  abett- 
ing, assisting  by  money,  or  otlierwise,  or  har- 
bouring any  of  those  persons  that  were  con- 
cerned therein.  Then  he  recounted  the  Evi- 
dence given  against  the  prisoner,  and  made 
such  n'Uiarks  uimn  the  same,  as  bethought  fit. 

The  Jury  witndrew,  and  sfient  two  hoars  in 
consiidrratiim  of  the  matter;  and  then  return- 
ing, gave  their  \eixlict,  that  the  {irisonsr  wis 
Nut  CJuihy. 

Att.  Otn,  BIyLord,  thongb  they  have  ac- 
quitted him,  yet  the  evidence  is  so  strong,  that 
J  hope  \oiir  Lordship  and  the  court  will  tliink 
fit  to  l)itid  him  to  his  good  l»ehaviour  daring 
his  life. 

L,  C.  J.  Mr.  Attorney,  that  is  not  a  proper 
motion  at  this  time. 

80  the  prisoner  was  discharged,  aAer  he  had 
I  been  imprisoned  fiveniontlis. 


311.  The  Trial  between  Sir  William  Puitchakd,  Plaintiff,  and 
TriOMAS  Papillox,  esq.  Defendant,  at  Nisi  Prius  at  the 
Guildhall  of  London,  in  an  Action  upon  tlie  Case  for  a  false 
Arrest:  36  Charlks  II.  a.  d.   1684. 


Kntenihcr  6,  1081. 

LaTZ(/o»,  «^SlR  Wm.  PritchanI,  late  lonl 
mayor  of  the  city  of  I^oniion,  having  in  ii):ister 
Term  last  brought  an  {in ion  u[ion  the  case,  for 

'  For  sevnril  partiirulais  «ii'the  proceed iiigs 
in  ihi^  i'ity  of  1.4<ndori  with  which  this  Case 
is  ecu  meet  od,  s«t  the  Note  to  ihe  Case  of 
SSachcverell  and  others,  p.  29,  (»f  this  volume, 
and  tho  Cases  and  Notes  there  refcn-ed  to. 

The  following  pitssa^es  arc  from  Narcissus 
Luttreirs  MS. ''  Brief  Historical  l{elation,"&c. 
in  the  Library  of  All  St)nls'  College,  Oxford : 

**  April,  ltJ83.  Mr.  Papillon  and  Mr.  Du- 
bois luiving  gi\'en  onler  for  a  writ  to  be  taken 
uut  to  arrest  ilie  I^ml  Mayor,  sir  Dudley 
North,  one  of  the  sheritrs,  :uid  several  of  the 
aldermen,  in  an  action  of  the  rase  lor  a  \\i\^ 
rrtum  to  a  mandamus  dinx:ted  to  them  for 
the  swearing  thriu  two  sluritrs  of  London  ; 
and  the  sheriff  buing  concerned,  the  writ  was 
«li reeled  to  Mr.  Urt>me,  coroner  of  London, 
who  uccordingly  %u'nt  to  theiu  to  acipiaint 
them  thori'witli,  and  desireil  an  appearance, 
or  that  they  would  ;;i\  e  bail,  which,  they  re- 
fusing, he  execultMl  the  writ,  and  carried  them 
very  civilly  to  his  own  house,  and  kept  them 
there  till  ten  at  night;  when  one  of  the  city 
Serjeants  came  with  n^rit  and  arreste<l  the 
coroner,  and  carriiMl  him  away  prisoner  to  the 
Counter,  refusing  to  take  bail,  so  that  he  was 
forced  to  lie  there  all  night,  during  which 
time  the  lord  mayor,  &c.  walked  home.  Tiiis 
thing  had  so  surprised  sonie  persons,  that  the 
Tories  reported  the  Whigs  had  seized  the  lord 
mayor  and  carricil  liim  away,  and  the  lieuiu- 
nuicy  of  the  city  met,  and  ei^bt  companies 
wari  onlered  out  immadiatdy  tor  th«  liecurity 


fj&lsly,  maliciously,  and  without  nrob:«blecuBe> 
procuring  him  to  be  arrested  ana  impriioncd  ia 
his  mayoralty,  against  Tliomas  PapiHoD,  oq. 
the  deVenriant  pleaded,  Not  Guiltv*  and  thera- 
upon  issue  being  joined,  it  ouinc  tliis  day  to  be 

of  the  city  ;  this  affair  affords  variety  of  talk, 
some  condemning  it  and  others  approTing  it^ 
according  to  the  diOerent  tem^iere  of  persom. 

**  Nov.  Cth,  1634.  f  u  the  afWrnoon,  a  trial 
was  at  Guildhall,  before  the  Lord  Chief  Justioa 
Jeffreys,  on  an  aclitni  brought  by  sir  WiUiam 
Pritehard,  lute  lord  mayor  of  thecity,  agaiMl 
Mr.  Papillr)n,  for  i  a  using  him  to  be  amsateA 
during  his  mayoralty  :  and  the  jury,  to  tht 
amazement  of  all,  o-ave  10,000/.  damam. 
Since  wliich,  Mr.  Pa;)illon  hath  thought  mti 
alnicond,  as  being  nuieh  the  safer  for  him." 

.  At  the  end  of  "  A  M:Vih  Collection  of  Papart 
relating  to  the  ^lv:^(nt  Junctin-eof  Affairs  ia 
England,*'  Ve.  pnblislir-.l  in  the  year  1689^ 
there  is  iv.v;f  riid,  'An  Advertisement,'  aiitil 
culled,  ^  oi'ihe  !<•  :irniii>y-  :uid  Uhetoric  of  tha 
lale  L«n-d  ChaiHfllor  .lolirrj^s,*  as  followg: 

''  Tliiiv.'  is  laicly  pulilir.i'.i-d,  the  trial  of  Mr. 
PaTiiilnp,  by  \vhi(  h  it  is  niaiiifest  that  the  then 
Lord  Cliif.'t'Jiisiice  Jefireys  had  neither  leant- 
uvj^  law,  nor  g(;od  i.'iunn.  rs,  but  more  imiM*  ' 
dencH  than  ion  c:ii*ii;d  whorrs  (as  was  said  of 
him  by  kinir  f^'ii'rlo  the  Stcunil)  in  "^^lyny 
all  thoic  W'lishy  (iii.'.ons  uho  voted  for  Mr* 
Pnitillon  and  Mr.  Dubois,  cullinsf  them  a  pared 
of  factious,  pragmatical,  sneaking,  wbiniiici. 
caniiiig,  sniveling,  prick-eared,  crop^ean^; 
atheistical  tltJIous,  niisculs,  and  scoundrels,  AnS 
as  in  p.  W,  and  othiT  plRci^  in  the  said  TridI 
may  be  seen.  Sold  by  Uichard  Janeway,  mi 
most  booksellers."  < 


STATE  TRf  AI*  36CtiARLES  It.  l684.— /or/n/tr  ArrtnU 

idi 
;.  ,„, ^.,  :    ,         .  lUc 


,  Josejiij 


me  out  of  itiind, 
vij  office,  in  the 
1  city,  according" 
'U\ru  ho  wns  to 


i^AiVtl'<^  ^^  I'^^h  tlay  of  Ft!bruary,  in 
ifci  JMjfftr  ufbr*  vaSif.  ili(-  ffeflnrfant  fur  vexa* 

■  \  IdU'titl  or 

•  ►  pirtintiff, 


■ttfcr 


J 


ol  ILm 


id    to    the 
"loii ;  by  winch 
I  tMiroiit;r  ta  Uike 
ifr««ni:  '     '         i! 

\  ktm  no  41 

M    W^I>*U .^♦.    ..,.-,,    ;V  v..iM ->i.^y 

l^dsy*  of  Baxter t  \h^n  nivxx  follow 


»     Aiul 

\  tW   rrtkirii 
bilKyoCAli. 

4  ibtn*  iIk*  I 


t.  f.n.l.ut 


\  {>lra  of 
I  rther 
hI  Ik*. 
.  the 
id,  at 
1*1  Ni.  AJiltJir<l 
the  WHffJ   of 


ijlr 


lAJd  I'Tirtjr  e  cf 

,  t»  iW  4i«57*«''^  r  l(iP 

Mid  «jlii€«-,  toi  jils'j  ttj  Uir  ma- 

Ci  p^.^itiilti-r    ;,rji!    ;,'iuvjnt('  of  lllt^ 


.  M  Uir 


ftl>cpifcnt4imj*rww>^  «iliMi6- 


,  :m\  Va 


BR 


*  Paiicbiv 
*  London,  u.    ^ 

*  nuper  Major  ci*  i 

*  Papillon  in  custnir  Sliii\  lWc,  i/vo  vo  itiilelioet, 

*  ijiKKi   cum   duodecimo  die   i*eliniafii^   unno 

i    Domitii   Caroli    s^^ctindi  nunc   Kepris 

,e,  ^c.  tricesiuio  quitito,  ipjie  idem  VVil- 

"  uriMius  Pritrhard,  ac  anita,  et  ahimie  per  8^* 

'  rwnil'  nnjoscs  rx  tunc  pro\'  .supitrid'  ejttiAit 

*  ftlajor  ctvilal'  lAMidon  piH!d\  in  oHioium  Ma- 
*jorfttUfi  illius  debito  luodo  el^cl\  pnfiect%  et 

*  jurat',  ac  Becundum  con&nctudinein  civilnl' 
^  London,  piu'dici',  a  tempore  cujus  coDtrar* 

*  menioria  hominutu  non  existit,  in  eadetn 
*■  itsitat'  et  approbat'  o§ieium  suuon  Majoratus 
*-  jUius  indies  intendi  debuit^  per  assidunm  dHi- 

*  pent'  ipsius  Wilhelmi  in  reg'iniirte  civitat' 
*'  iljiusf  per  ipsum  secuHdiiai  deb] turn  otHcii 

*  iiui  pned^  exequend',  et  pcrtbrmand'  ad  bo- 

*  noreni  et  dicrnitat'  ad  officium  illud  spectaut' 

*  ft  periini!n\  p rird ictus  tamenThoniasexijgt cut 

*  unuH  lie  fJkiiiiiLrtt'  civitat'  pr3Ed\  et  sub  regt- 
^  mine  diet L  AVilbelmi,  virtute  oiircii  eui  prae- 

*  ibcti,  prtemiiisor'  non  iijniirus,  s*'d  niachinans, 

*  ct  ittlse  ac  mulitioao  invldens  felici  statui  ip- 

*  sins  VVillielini  in  officio  8uo  pnedicl',  necnoo 

*  ipi^um  VVilhehnuui  in  evecutione  officii  ilUus 
*■  minuK  juste  iiiquleiare  ei  disturbare,  lirtediclo 

*  duodecimo  die  Kebruarii,  anno  tricei^iiQo 
'  quinto  supradieto,  idem    Thomas   PapiHoo, 

*  pro   vexationc   prtefat*   Wilhehno  adhibend* 

*  (eoilem  Tboma  adtunc  non  habentc  aliqiiata 

*  k'S^tjmum  vol  protKibilem  eausam  artioms 
*•  verms  ipsnm  H  iUielinum)  iiil»o  et  malitjose 
'  pfoseqnut*  fnit  e:^tra  citr^  dieti  Domini  li*i^^ 
*•  coraiD  ipso  Regie  nunc  babit*i  aoilioiti  apiicl 
'  We^tfoon'  in  coni^  !Vtiild}e«*ex  udtuBC  t^l  tfluuc 

*  tent'  txifiten\  quoddam  bi-^te  ipsiaa  Dom' 
'  Reg*  de  alias  Capias  versus  if*siini  Hi]h«l' 
'  muoi,  per  nornen  VVilbelnii  Pritcbard^  Mifitisy 

*  adtunc  Coronator'    civitul*    I^xudou*    prccd* 

*  direct^  per  tpiod  qtiiilem  breve  ifkrn  Dotuiiitit 

*  Hex  nunc  tulem  tunc  Ctironatori  pr{i«cepit 

*  quod  caper'  ipsnm  Wilbelmum  Pntchard,  si 

*  invent'  tbret  in  civitat'  London*  pncd',  ^ 
'^  euni  salvo  custoitiretf  ita  quod  btberet  corput 

*  ejus  coraoi  Domino  Begi?  apud  West'  di« 

*  cnr' prox'  post  quindenani  Pai^cki* 

*  ex    tunc    pnix*    Mequcnd%     ad    resj^den* 

*  prft'tat'  Thomce  PapiHon,  per  nomcn  Tbootes 

*  Pupillon    Arniiger',    de    placito    iranagTM', 

*  et    quoti   idem   time  Coronator  babrr^t   iW 

*  tuDc  brere  iltud.  £t  pra»d ictus  ThoiiUtt 
^  Papillon,  e%  uUeciort  nequilia  et  oialitia^iia 
'  prxtx»gilat'  versus  ipsum  U  ilhelmuni,  po3t€i 

*  et  ante  retom'  brcvis  prfcdicti,  «ciiKi?t|  vic<» 

*  limo  quarto  die  April  is,  annn  trie  tN»  mo  sit* 

*  pradicto,  apud  London'  pra^l  ' .  in  pa* 

*  rochia  sanctse  Mildredw  V  ir^  nlietnt| 
^  in  waAlft   de    Cheap^    Loudon,   pni^dictum 

*  breve  de  alias  capias  cuidem  Jobanni  Brome, 

*  Gen\  adtunc  Coroaator'  civtl^  Loudqo  piv4' 


»2S\       STATE  TRIALS,  36  Charles  II.  \6S4^Priichdrd  v.  Papillon,       [3S4 


defcn  Jant  hos  ploadcil,  Not  Guilty.  If  we  that 
«rc  of  counsel  fur  the  phintiff',  shaH  prove  this 
inattiT  unto  you,  «^entlriiieii,  that  r.e  have  laid 
in  the  (Inclaration  that  lias  been  opciictl  unto 
you,  you  are  to  tiiul  for  the  plaintiff*,  and  I 
no)ie  \vill  repair  liim  in  duinages  for  this  af- 
front and  injury. 

AitorntijG  eu  era  I.  (Sir  I  lobert  Sawyer) .  May 
it  please  y-ouv  lordship,  and  you  t^ttenien  of 
the  jury,' I  am  of  counsel  in  this  case  for  the 
pbiintilt';  and  this  anion  is  brougfht,  ^utlciDen, 
to  vindicate  tlidionour  of  the  chair  from  such 
affronts  as  these,  which  in  no  age,  till  of  late 
days,  our  times  of  faction  and  confusion,  it 
ever  met  with :   that  by  a  ]M>rson  that  is  a 
citizen  of  London,  and  one  of  the  commonalty, 
that  ougfht  to  have  paid  submission  to  the  loni 
'  mayor  as  his  chief  inaipstrate,  and  was  bound 
ISO  to  do  hy  his  oath,  as  a  freeman,  should, 
without  cause  of  suit,  arrest  the  lord  mayor  of 
the  city.     That  there  whs  no  probable  cause,  is 
evident  by  his  not  proceedinc:  in  the  action, 
that  he  had  thus  brought.     But,  gentlemen, 
we  shall  shew  you  in  the  course  of  our  evi- 
dence, that  there  lay  a  further  malice  in  this 
case,  and  thai  thcii^  was  a  design  in  it  ajyainst 
the  governnienl.     For  we  shall  ^ive  you  evi- 
dence,-that  this  desii;'n  was  laid  to  cany  on 
the  flfreat  Plola<raiust  tlic  lives  of  the  kin;;^  and 
his  brother,  and  fi>r  the  subversion  of  the  jjo- 
▼ernnient.     For  they  eonirived  it  s«»,  that  they 
would  imprison  the  irtiiyor,  and  then,  ihou(;;ht 
they,  the  loyal  citizens  will  interpose  to  rescue 
hiiii.  and  then  tbe  r»arty  should  rise  to  assist  the 
ollicer,  lie  havin-^  tjeroniii.'iii'.nfewF authority, 
and  heiTi^  in  the  cxenjiio's  <::'  ili*.  kinn'-^  wiit. 
(especially  if  it  he  coTisieier^-il  tliou  \»iio  \\t\s 
coroner)  and  so  a  public  e<i'!ir.iniio:i  would  ii* 
made  a  ^neral  nui tiny,  and  ilmt  wouM  l>r»  a 
fit  opportunity,  in  the  coiifr.siou  iA'  t\ni  eil\ 
wantinj^  its  cfiief  tjf >vei*!ior,  of  ckiiuji-  what  thuy 
di**i«fned.     Gcnlk-nieu.  ne  shall  prove  ;.ll  th:.t 
is  laid  in  the  deeiiuatian  ;  and  liken i>e  that 
the  end  of  this  busjiiips-^'  v  as  to  Ijave  Inal  a  voi:\- 
motion  for  the  accomplishiyitr  ^heir  i:;rent  e«fn- 

*  existeu\  delihenn  il  exeipiend',  nc  adlune  ri 

*  ibuN.'iu  npud  "Wilfii'lmuu*  adtunc  Maj»ir*  ci- 

*  vitat'  I^Kulon   prad',   r.t  piv-Jcrt',    existeii\ 

*  pnctcvru  bnvis  illius  pr«'  «:t»rp*  suum  capi  ct 

*  arri'st;»ri.  «e  in  prisona  Nub  cust(»d'  tjusdeui 

*  tunc  iJoro/iKtui'  per  y.paiiiun  sex  horarum,  e\ 

*  tuncprox*  S('ij>ieu\d('tiuMi  uialitiose  ft  minus 
•juste  pro4*m:i\it,  in  vitupemtion',  deroffa- 
'  lion*,   v.i  vili'ieiidiuni  pra-dicti  Wilhelmi   ct 

*  ollicii  M:>joratu;i  ipsiiis  W  ilhehn*  praul,  ne(;- 

*  non  ad  damnuiu,  pru  judieiuni,  et  irravamtn 

*  ipsiuK  U  ilhelini  iMnn:t>  it',  ubi  rcvt-ra,  et  di* 

*  tacto  pic^dii'tus  'fimmtis  L'apiltou,  prje«lieto 

*  tcinporr.  captionis,  arrestionis.  et  detentionis 

*  ipsius  Wilhehn'  in   prisona  sic,  ut  pru  fert' 

*  fact*,  nonhabuit  alii^unm  justam  vel  prriba- 
•  *•  bilem  causam  aetioius  versus  ipsum  Willicl- 

*  mum  in  pnx*ni!Skis  pra^d',  unde  idem  WiUiel- 

*  mus  die*  quod  ip<<e  dctcriorat*  est,  ct  damnum 

*  habtttad  valenl'  decern  millc  librunim,  etindc 
f  produo*  soctttu,  dec' 


spiracy,  as  has  been  opened.  That  sir  William 
Pritchard  wasarresteu  in  his  mayoralty,  I  sop- 
pose  will  be  ag^reed,  or  else  we  shall  prove  it. 
Mr.  Ifiire/.  1  es,  ves,  we  ajyree  it. 
Solicitor  General.  (Mr.  Finch)  Then  we  will 
^  on  and  prove  the  manner  of  it.  Swear  Mr. 
Gorp^es,  and  Mr.  Keeling.  [Which  was  done.] 
31  r.  Keelinfjf,  pray,  will  you  tdl  my  lord,  and 
the  jury,  were  yon  made  a  special  bailiff  to 
arrest  sir  William  Pritchard,  when  he  was 
lord  mayor,  and  what  did  you  do  iqion  it  ?  Tell 
all  you  know  of  it,  and  what  was  deseed 
by  It. 

Keeling,  My  lord,  all  tliat  I  know  of  it  is 
this :  It  was  upon  the  94th  day  of  April,  I 
have  the  warrant  here  to  shew,  1  met  with  Mr. 
Goodenoujifh,  at  BIi^  IlussePs  the  cook,  in 
Ironmonger- lane,  and  several  others  wew 
there  ;  and  I  went  away  a  little  while, 
came  a^iu  :  while  I  was  gone  from 
they  put  my  name  into  the  warrant,  and  \  _ 
that  warrant,  1  did  arrest  sir  William  Pkil^ 
ard,  who  was  then  lord  mayor,  at  the  snit  of 
Mr.  Thomas  Papillon,  I  sup]K>se  this  is  Um 
gentleman  [pointing  to  the  det^dant.]  f  bad 
no  order  for  it  from  Mr.  Papillon,  nor  efw 
spoke  with  him  about  it ;  but  1  bad  order  iVom 
the  coroner,  i%ho,  upon  the  arresting  him,  took 
my  lord  mayor  into  his  custody. 
Alf.  Gen.  Where  was  mv  lord  mayor 4]iea? 
K*clins^,  At  Grocer's- hall. 
Att,  Gen.  Wq«i  that  the  place  ho  kept  Iw 
mayoralty  in  ? — Keel  in;:.  Yes,  it  was  so. 

Sof.  Gni.  What  %vas  h'j  doing  when  joaiT' 
rcMed  hiui  ? 

Kcefiii^.  There  was  soruc  disturbance  imon 
il,  amonp^  the  oflict-r.?  and  poople  there.  The 
curoiier  caui'^  up  to  hitn  and  said,  Sir,  I  bsre 
;  a  writ  ai;aiiisl  ^(lu,  1  pr.iy  you  wonM  please 
to  ciw  an  nj>]\  aviuicc  at  the  suit  of  Mr.  Tho- 
mas Pnpilloii,  niid  another  at  the  suit  of  Mr. 
John  Diibois,  and  soiut^  words  there  pa.«sedbe- 
tw<  en  him  :;nd  the  ceroiier  ;  and  my  loid 
maydf  refu/m*;  to  give  any  appearance,  the 
coroner.  Til r.  Uroine,  bid  ns*exe<*ute  OfRi 
ranis ;  upon  whieh  1  came  up  to  my  lord  i 
and  touched  hnu  upon  the  shoulder,  ond  i 
I  arrf'st  you  at  the  fiuit  ot  Thomas  FapilhiB, 
esq.  and"  one  1  Vrnandd  tiurley  arrested  bin 
again,  at  tliesuil  of  Mr.  Juhn  liubois. 

Att.  (ifn.  \\  hot  did  you  do  uhh  him,  wbcn 
you  had  arrestttt  him  i* 

KfdinfS.  The  eoronei*  dismissed  us,  and,  It 
1  take  it,  carried  him  home  to  his  house. 

Att.  (Jen.  What  instructions  had  you  wiMt 
to  do,  in  <\isc  he  made  any  resistance,  and-  dil 
not  submit  to  the  arrest  r* 

keeling.  I  know  of  no  instructions  about  Uf 
such  thing. 

Sol.  Gen.  Who  was  by,  pray,  when 
were  given  }  ou  to  arrest  my  lord  mayor  f 
Ktrlins.  *tioth  the  (xCKMleuoiiglis. 
Alt.  Gen.    He  in  the  Proclamation, 
mean,  and  his  brother  ? 

Keeling.  Yes,  liichard  and  Fnoicis  i 
nough. 
&l.  Gen.  And  who  else,  pray  T 


385] 


STATE  TRIALS,  56CHARLEd  11.  l6S4u^for  false  Arrest. 


[326 


Keelinr.  Several  that  I  did  not  know.  . 

•Attm  Oen,  Can  you  rememher  any  body 
ksiiLes  the  Goodchou^s  in  particiilar  P 

Keeling,  There  u  as  one ,  a  tall  our- 

chudlcr,  and  a  gr&iX  many  tliat  1  did  not 
kaow. 

Sol.  Gen,  How  many  do  you  think  there 
were  ?  And  where  was  it  ? 

KetUng,  I  behete  there  wrrc  about  thirty 
v  fiirty,  and  it  was  at  Russcl's  tlie  cook,  in 
faanmonqrer-lane. 

•  Ait,  Oen,  Did  they  all  come  along  with 
yoa  10  Grocer's  Hall,  to  arrest  my  lord  mayor  ? 

JCrdiur.  No,  my  lord,  they  did  not. 

&/.  Gem,   l>id  any  of  tlitiin,   and  which. 

Ktetimg.  Sir,  1  will  tcU  you  who  did  eome 
ti  my  kml  nwyor's.    There  was  the  coroner, 
fanoa  Gnodenough,  Ferdiuando  Burlcy,  and 
i^Hlf :  and  after  my  hird  was  arrestc<l,  the 
MMMT  hub  us  be  |(one,  and  he  would  look 
iAbt  aj  lord  mayor. 
Ml  ben.  Whither  did  you  go  aAer  that? 
MmUng,  I  went  to  sir  Harry  INilse's  directly . 
.  Jft.  Gem,  Did  not  ypu  expect  an  opposition  ^ 
had  joa  not  some  discourse  what  you 
d  doin  case  there  was  an  opposition  ? 
iBpbw.  No,  I  cannot  tell  any  thingr  of  tliat. 
itt.  6eB.  You  say,  there  was  a  mcetiufir,  or 
■■ril^at  Rusaell's,  of  forty  people ;  had  you 
MlAnemne  consultation  what  was  to  be 
!■■,  'day  ionl  mayor  did  not  obey  the  arrest  ? 
JUm^  I    do  not  remember  any  thing 
Mi  ikm^  at  that  time. 

Au,  Gem.  Was  there  at  an^  other  time 
Mr?  Or  did  you  hear  any  ol  those  people 
4nBv  the  Goodenoup^hs,  or  any  of  them, 
nkm  ikej  would  ha\e  «JoHe  iu  case  they  were 

itdmg,  I  do  not  remember  any  discourse 
tf  ■i4uinir«  before  or  aller. 

LCJ,  (Sir  George  JeflTeries.)  Pray,  Mr. 

faring,  let  ine  sisk  }  ou  a  question  or  two. 

Vntyoueier  employed  by  the  coroner  to  be 

•^mbU  baililTlo  arrest  any  body,  before  this 

Hrmneakof,  thatyoa  arrested  sirHil- 

iMPrilrliani:' 

Xsrlisf .  No,  ray  lord,  I  never  was. 

Li  C.  J.  Then  pray  rcTollect  yourself,  who 

«ne  at  that  niettuig,  when,  as  you  say,  your 

IBS  was  put  into  the  warrant  fur  this  arrest  ? 

EuUtig.  31  \  lord,  when  I  went  away  for  a 

illt  whue,  l'  left  these  |)Ci-sons  particularly 

hi  I  did  name,  the  two  GocnU-nuuglis,  and 

f  •■  Bnrtou,  I  think,  and  one  t-roniptuu,  and 

AttlsUow-cluuidlcr  ;  there  were  to  the  nuni- 

kvof  ihiny  or  forty,  thai  L  tliJ  nut  know  ihoir 

L,  C.  J.  But  pray,  how  came  you  to   be 
ia  this  service  then?  Mere  you  a 
__   lintonntheu.' 
Knfaf.  Yes,  at  Wauping. 
^  C  J.  Good  now,  now  cafne  you  to  be 
§9 id  in  aiTCStiug  my  lord  mayor,   more 
iMgrdber  of  those  thirty  or  forty  that  you 
•m  there  then? 

.  i  went  there  among  them,  but  did 


not  know  then  that  I  should  be  concerned  in 
this  business ;  and  1  went  away  a  liitle  while, 
and  when  1  came  back  they  told  me,  that  my 
name  vtbs  put  into  the  warrant. 

L,  C.  J.  Pray,  tell  us  the  whole  story,  how 
you  that  were  a  tradesman  at  Wapping,  should 
come  to  be  employed  as  a  bailifTto  the  c«)roner 
of  London,  to  ai'rest  my  Ionl  mayor  ?  There 
must  be  some  particular  Viid  in  it. 

Att.  Gen.  Mr.  Keclinpf,  tell  the  court  and 
the  jury  the  v/hole  story,  and  what  it  was  that 
brought  you  into  this. 

Keeling.  I\Iy  lord,  Mr.  Goodenough  told  me 
I  must  be  concerned. 

L.  C.  J.  Ay,  piithee  tell  us  what  Goode- 
nou^i  desired  you  to  be'conccnicd  in. 

Keeling.  U|>on  my  coming  back  to  the  com  - 
]>any  that  was  at  RusseiPs,  Mr.  Richard 
Goodenough  told  me  1  must  be  concerned  in 
the  business  of  arresting  my  then  lord  mayor, ' 
sir  William  Pritchanl ;  said  I  to  him,  Mr. 
Goodenough,  this  is  foreign  and  remote  to  luy 
business,  to  be  concerned  in  such  a  matter  as 
this,  it  will  seem  very  strange  for  mc  to  do  it. 
He  presseil  it  upon  me  to  do  it,  and  says  he. 
If  you  will  not  do  it,  you  will  be  a  man  looked 
ill  upon,  and  it  will  be  taken  strangely  from 
that  party  ;  he  meant,  I  suppose  the  discon- 
tented party,  the  faction,  or  what  you  please 
to  call  it,  that  were  not  contented  with  the  ad- 
ministration of  *tlie  government  in  the  city  at 
that  time ;  and  he  urgred  it  upon  me  with  a 
great  many  arguments.  I  opposetl  it  with 
much  vigour  a  good  while,  but  at  last  he  pre- 
vailed upon  me  to  go  along  with  the  coroner  ; 
and  Frank  romlenough,  his  brother,  said  he 
would  go  with  me,  and  he  did  so ;  and  we 
came  and  arrested  my  lord  mayor,  as  I  told 
^  ou  before. 

L.  C.  J.  Where  did  Mr.  Goodenough  press 
you  to  be  concerned  in  this  business,  as  vou 
say  .^ 

Keeling.  At  Mr.  RusselPs  a  cook  in  li*on- 
monger- lane. 

L.  C.  J.  How  came  3-011  tliilhcr  ? 

Keeling,  lie;  sent  me  a  letter  to  meet  him 
there,  licwasutiuo  before  to  be  concerned 
in  it,  but  I  did  not  comnly  with  him  in  it.  Mr. 
Richard  Goodenough  it  was,  and  Mr.  Ash- 
hurst,  1  think  it  was  aUlcrniau  Cornish's  son- 
in-law,  was  1)} . 

L.  C.  J.  U  as  \elthorp  there  ? 

Keeling.  jS<i,  my  Ionl,  h**  was  not  there  ; 
but  they  did  not  procce:!  then,  becaiiso  my  lord 
and  his  brethren  we»e  gmie  out  of  town,  to 
>\ait  upon  the  king,  I  think  ;  :iiid  this  uas  si\: 
weeks  or  two  months  bcfoi-e  this  meeting  ut 
Russell's. 

Sol.  Gen.  Pray,  .Mr.  Keelin;;,  recollecrt  your- 
self. Had  yoi!  anv  (hse<Mn>e  \uih  GimmIc- 
nough,  orany  b<idy  els**,  what  ih'M"ons<H|iiciice 
of  such  an  arrest  would  he  :' 

Keeling,  'i'lu'v  ti)hl  iiu',  my  lord  mayor, 
and  court  of  aUkTiuen,  i)u<l  iiia:!f  an  ill  return 
to  the  MandumiL^' >  tli.n  were  a»«.r\eil  for  ihcin, 
for  the  swcarin;^^  of  Mr.  Papillon  and  >ir.  Du- 
bois sherilfs,  aatl  thci-tfore  Mr.  Papillou  ami 


3S7]       STATE  TRIALS,  36  Charlbs  U.  l6B4.^Pritckari  v.  Papilhm,      [SH 


Mr.  Dubois  had  srood  cause  of  action  againil 
Utem:  and  GoockuouKh  said,  he  had  Order 
fhmi  them  to  arrest  ray  lord  mayor  upon  an 
action,  and  dcsu-ed  me  to  be  concerned. 

Sol,  Gen.  But  pray,  remember  what  you 
said  beiore,  Mr.  Keeling,  nrby  should  the  dis- 
contented party,  as  you  call  them,  be  concerned 
antl  be  angry  with  you,  if  you  did  not  arrest 
uiy  lord  mayiir? 

Keeling.  *The  particular  argument  that  he 
useil  with  me  to  persuade  me  to  it,  was  this, 
Thut  1  liavingr  a  trade  and  dealincf  among^  that 
sort  of  peofile,  they  would  think  ill  of  me  if  I 
did  not  do  it. 

Sol.  Gen,  But  why  should  the  party  be 
an^y  with  you,  if  you  were  not  a  uailifT  to 
avi^est  my  lord  mayor,  at  the  suit  of  Mr. 
l^niilon  Y 

Keeling,  I  did  not  know  the  reason  of  their 
nnij^er  ;  he  might  have  something  in  his  head 
that  he  did  not  reveal  to  me.  But  that  was  tlie 
argument  he  used,  The  party  would  think  ill 
ofnie. 

8erj.  Muynard,  If  you  have  done  with  this 
witness,  I  would  ask  him  a  question.  You  say, 
Sir,  that  Goodenough  told  you,  the  discontent- 
ed party  u'ould  be  angry  with  you  if  you  did 
nut  do  it.  l^pon  your  oath,  was  the  discon- 
tuitcd  narty  named  ? 

Keckfig.  No  Sir,  but  that  party  of  which 
Mr.  Goodenougl)  and  I  then  was ;  and  they 
were  the  discontented  party,  I  think ;  for  they 
were  so  discontented,  that  they  would  have 
killed  the  king  and  the  duke. 

Atl,  Gen,  Tliat  is  an  answer,  I  hope,  to 
your  fiucstion,  Mr.  Serjeant. 

L,  C.  J.  I  thiiikf  when  he  names  the  Good- 
enou|[^hs  to  be  of  the  party,  nobody  ([uestiuns 
but  they  were  discontoQtcd. 

Sol.  Gen.  He  has  explained  will  enough, 
sure,  what  he  meant  hy  thf^  disrontentetl  |>arty, 
those  that  were  so  discontented  thai  they  would 
have  killed  the  king  and  the  duke.  *  Those 
were  the  promoters  of  this  action,  and  Mr. 
Keeling  must  engac^e  in  it,  or  they  would  be 
displeasc^d.  Now,  my  lord,  we  shall  call  Sir 
Harry  Tulso  and  sir  Uobert  Jcileries,  to  shew 
whatthe  coroner  did. 

Keeling.  I  arrested  Sir  Harry  Tulse  after- 
wards. 

Then  Sir  Hariy  TuUc  was  calletl. 
Mr.   Ward.    !\Iy  Ion!,  wo  d<>sire  sir  Harry 
Tulse  n»ay  not  Im:  su  oru,  we  have  an  <jxcep- 
tion  to  iiis  tcstitnoiiv. 

L.  C.  J.    What  IS  your  objection  ? 
Mr.  Ward,    Uc  are  infurniid,  he  and  the 
rf^tof  the  court  of  nldermen  havr  joined  their 
nurses  to  carry  on  this  suit,  and  then,  witii 
submission,  he  is  not  a  go.id  witness. 

L.  C  J.  Ask  him  that  <piesiiou,  upon  a 
Voyordin*. 

Then  he  was  sworn  upon  a  Voycr  dire. 
Mr.  Williams.    Pray,  Sir,  is  there  any  order 
of  the  court  of  aldermen  to  lay  out  money  for 
this  cause,  out  of  their  joint  purwn*,  or  the 
p«blic  Ci^  Mock  ? 


Sir  //.  Tulse,   Not  that  w«  know  of. 

Mr.   Williams.    Pray,  Sir,   do  you 
whether  sir  William  Pritehanl  laid  out  moiiie|r 
in  it,  or  who  else  doth  ? 

Sir  H.  Tulse.  I  cannot  giTC  a  positive  an^ 
flwer  to  that,  who  iayeth  out  money  upon  it, 
nor  do  I  know  of  any  such  order  as  you  speak 
of. 

Mr.  Ward.  Sir  Harry  Tnlae,  though  yon 
know  of  no  such  fonoai  order  of  the  court  of 
aldei-men,  yet  is  there  not  some  directioD  b^ 
tlic  coui-t  of  aldermen  about  expondiug  moniw 
in.  a  joint  way  ? 

Sir  //.  Tulse.  I  assure  you,  Sir,  I  kuovr  no- 
thing of  it 

L.  C.  J.  Come,  he  has  s^iven  a  full  auwer 
to  your  question,  swear  bun.  [Which  wai 
done.] 

Mr.  Holt.  Sv  Harry  Tnlae,  now  you  wn 
sworn,  pray,  will  you  giy)  an  account  of  wbnl 
hapi»ened  about  this  matter,  tvithin  yonrkwnp* 
ledge  ?  Pray,  tell  the  whole  story. 

Sir  H.  Tulse.  My  lord,  about  four  of  tko 
clock  in  the  afUirnoon,  this  gentleman,  and  tMO 
more,  came  to  me  to  my  own  house,  and  ho 
(Ud  arrest  me  (I  mean,  Mr.  Keeling^,  thai  wm-. 
sworn  here  before  me)  at  the  suit  of  Wrm 
l^iliou;  and  another  of  them  did  vnttLnm 
at  the  suit  of  Mr.  Dubois:  Said  I  to  then,  1 
do  not  know  tliat  1  owe  tliem,  or  either  of  tbaB« 
a  farthing.  But  what  must  I  do  P  he  toU  mi^ 
it  was  only  to  giire  an  appearance.  8ud  V 
gentlemen,  I  shall  oonsider  of  tliat  Thai, 
suvs  he,  you  must  go  to  my  Lord  Mayor*  Whp^ 
w6ere  is  lie,)  said  1  f  Said  he,  he  is  m  the  ent- 
tody  of  the  coroner,  at  his  house.  Where,  M^t 
1  ?  He  is  gone  to  Skinner's- Hall,  nid  h» 
This  is  well,  said  I.  So  I  called  for  my  Mn- 
to  hring  my  cloke.  Then  they  told  me,  if  1- 
pleasefl,  tliey  would  take  my  word  till  to- 
morrow morning,  if  1  would  promiaeto  appeon, 
I  told  them,  they  mi^ht  do  as  they  pleasea.  So 
tliev  left  me ;  *and  1  went  first  to  mj  LevA 
Mayor's  house,  hut  found  him  not  there ;  M  B 
went  down  to  Skinner V  Hull,  and  there  1 
found  iny  Lord  Mayor  all  alone,  and  no  aklo^ 
man,  only  the  offieers.  I  asked  his  ' 
how  ho  came  there  ?  He  toUl  me,  he 
rested  by  the  coroner.  I  asked  him  how  long 
he  had  been  detained  ?  And  he  sail  I,  but  a  littlo 
time  :  And  indeed  I  think  it  could  not  be  leogy 
tor  I  met  his  coach  coininL<:  haek  from  ftkin- 
nerVHall  Yihtn  1  went.  Vt'tei*  that,  lie  WM 
detained  there  till  about  eU-ven  of  the  clock  or 
thereiilKiuts.     This  is  all  that  1  know  of  it 

L.C.J.  What  hcrame  of  the  government 
of  the  City  all  thut  time  ? 

Sir  H.  Tulse.  There  was  presently  a  ffreefr 
niM^e  iill  about  the  C'ity  con«*crnlng*  my  Lord 
Mayor's  lieing  arrested,  and  abinidance  of  pe^ 
pie  were  gaihercMl  together  al)oin  the  door,  bnfe 
there  came  a  compaiiy  of  soldiers  of  the  trained 
bands,  nnil  they  kept  all  quiet.  There  weregreil 
apprehensions  of  an  uproar.  I  saw  noftiin^  e# 
hurt  done,  though.  And  I  a.Hked  Mr.  Himm 
the  coroner,  who  was  by,  am  I  a  pri<Knier  toOT 
lor  J  waa  arrested  to-day,  by  n  wa 


Iv  be  fnMB  joQ;    Says  kr,  I  luiTe  »  writ 
'  you,  and  now  yon  ar#  bort,  I  cannot 
iRhtiR  von  have  ffiven  t 


[SSO 


hiy«n^po,      ^ ^ ^^ 

Si  ft  took  inyMtf  to  he  detained  there  with  ray 


s  given  an  appearance. 


Uri  ^Uyor  in  enstody,  and  staid  as  long  aa 
hertaid,  and  went  aivay  with  him. 

Mr.  SUcorder^  (Sir  Thomas  Jenner.)  8wear 
^.  Wdb,  the  Gommon  crier,  and  iir  John 
ftak. 

Mr.  Wellt  was  sworn. 

Mr.  Recorder.  Mr.  Common  Crier,  were  you 

il  my  Lord  Mayor's  house  when  this  hubbub 

was  made  ?  IPray  tell  my  lord  and  the  jury 

what  voo  know  A'  it. 

Mr.'  WelU,  Yea,  I  was  ftbere. 

Ifr.  Hoit.  Then  tell  what  pasC 

Mr.  Weilr.  I  was  not  in  the  Halt  where  my 

Imi  anyor  was,  but  in  another  room  by:  and 

teeMesK  came  running  in  to  me,  and  tokl 

■^  I  auBt  coBw  to  my  lord  mayor  quickly, 

ftiba  wan  aireafead  by  some  people.    When*  I 

ciHi^  I  Ibond  there  were  none  of  the  sheriffs 

iflnnlhac  oand  to  arrest  people,  bat  the  room 

HiM  of  oUmt  wraonB.    My  lord  mayor  bid 

■iliAetheairord,  and  go  along  with  him,  for 

teiMUpA  Ulmw  was  not  then  ju^  at  hand. 

Ivfcai  hb  lordahin  whither  be  was  going? 

1^  eHsner  naid,  he  wm  his  prisoner,  and 

■■I  ft  '''V  ^'^  ^^^'  ^  ^^^  house.'   My 

laivifvbidine  presently  send  out  the  om- 

MtonHBon  a  hei|tenancy,  which  I  did.   I 

Mn4  Ai  caroner  and  his  men  to  be  gone ; 

',  ^ou  let  my  lord  alone,  and  go 

~ieaa?  No,  be  said,  except  my 

an  appearance,  be  must  go 

f  aAk  liina.     I  then  asked  him  whither 

wi  mmat  fip  ?  He  said,  he  had  no  place 

»eiPB  hoaseto  carry  him  to,  and  thither 

WMI ;  where  when  we  came,  my  lord  was 

n  little  roem  by  bimsdf,  where  were 

ntm-aeif  and  tiie  coroner,  as  I  remem- 

ht.   Wy  lord  nutyor  bid  me  (^o  and  see  fur 

Mnaea  Edwards  and  sir  Harry  Tulse,  and 

■f  kri  oinyor  that  now  is,  and  so  I   went ; 

bt  I  Iband  they  were  arrested  too  before  I 

1^  CL  /.  How  did  my  lord  go  away  from 

Ifr.  Wtfis.  In  his  coach. 

iff.  Oen.  Were  you   by  when  he  went 
■Jf  f  And  who  was  there? 
1    m,  Welh.  Mr.  Brome,  the  coroner,  wns 
I  MAere  when  my  lord  mayor  went  away,  but 
I  iae  was  Goodenough. 

L,C.J.  Ay,  he  was  in  trusty  hands  upon 

|B|WM^. 

Mt.Cen.  Urn  soldiers  prevented  tlie  de- 


mUl, 


\  ^^ari  so  they  lef  him  go  agnin 
I   m.  Recorder.  Swt 


r;- 


Swear  sir  John  Feak.  [  W  hicli 
l!lir  John,  what  can  you  say  to  ibis 


V  J.  Peak.   My  lord,  I  had  order  from  the 

*%BKy,  to  rmae  my  regiment  upon  the 

tf  vy  lord  mayor'a  being  arrested,  which 

li •  nrr  Kltle  time,  and  came  ^^irh  my 

'  ^MYf  where  I  heani  my 


lord  mayor  was,  and  prerented  any  atir,  as  it 
was  feared  there  would  have  been.  Bot  Mr. 
KeelUigi  I  believe,  can  tell  something  more  of 
the  desigm  than  he  has  spoken,  for  I  remember 
at  the  trial  of  the  Traitors  at  the  Old  Bailey, 
be  did  say,  That  after  my  lord  mayor  was  ar- 
rested, they  did  intend  something,  but  their 
hearts  misgave  tiiem  when  tttc  regiment  wa» 
up. 

X.  C.  /.  That  is  nothinfr  to  this  eause  what 
he  said  there ;  now  he  reuicmbi  rs  nothing  of 
it.  Have  you  done,  "^^ntiemen,  or  will  you 
call  any  more  witnesses  ? 

Aet.  Gen.  We  rest  it  here,  my  lord,  till  we 
hear  what  they  say  to  it. 

L.  C  J.  Cume  then,  what  ire  you  to  say 
that  are  for  the  defendant  ? 

Serj.  Maymrd.  May  it  please  your  lord- 
ship, and  you  gentlemen  of  the  jury,  I  am  of 
counsel  in  this  cose  with  tho  defendant,  Mr. 
Papillon.  I  see,  gentlemen,  it  is  a  cause  of 
great  expectation,  and  by  that  means  thejr 
would  make  it  greater  by  far,  than  indeeil  it  m 
hi  itself  But  I  suppose,  you  who  are  upon 
your  oaths  to  try  this  issue,  will  duly  weigh 
and  consider  what  it  really  is.  Gentlemen, 
the  record  tells  you  what  it  is,  an  action  upon 
the  case,  whereni  the  plaintiff  declares,  that 
the  defendant  did  arrest  him,  being  then  lord 
mayor,  without  any  probable  cause,  and  out  of 
malice.  Now,  as  to  that,  gentlemen,  1  con-i 
ceive  and  think,  I  may  appeal  to  my  Lord 
Chief  Justice  in  it,  for  (firection  in  point  of  law, 
that  my  lord  mayor,  if  he  do  mistake  in  his 
office,  and  do  not  do  that  which  belongs  to  him 
to  do,  he  is  as  much  subject  to  the  process  of 
law  and  actions,  as  any  private  person  in  the 
city  of  London.  If  he  docs  any  man  an  in- 
jury, or  does  that  which  is  not  ri^ht  in  his 
office,  by  which  another  person  is  grieved,  he 
is  liable  to  the  prosecution  of  any  particular 
subject  the  king  lias,  that  is  so  grieved  by  him. 
Then  they  allege,  that  this  particular  action 
and  arrest  thereupon  was  prosecuted  and  <ione 
out  of  malice,  and  without  probable  cause. 
Now  what  have  they  provetl  of  that  ?  'J1icy 
prove  the  thing  done,  that  he  was  arrested  at 
the  defendant's  suit,  and  that  he  was  kept  in 
custody  six  hours.  Hut  if  wc  can  give  yon 
any  account  of  a  probable  cause  for  it,  that  is 
snfficii'iit  to  justify  us  from  this  action.  Gen- 
tlemen, the  (piestiou  that  you  are  to  try  is  not, 
whether  this  man  or  tliat  man  were  duty 
chosen  into  such  an  office ;  but  whether  there 
were  any  probable  cause  for  the  dctciid.ant  to 
conti'St  altout  the  choice  ?  And  herein  the  rnso 
will  fall  out  to  be  thus:  There  was  a  difference 
in  tlie  c\Xy  of  Loudon,  as  is  very  well  kiioun 
to  every  bodvi  about  the  choii'c  of  sheriffs  for 
the  city,  wherein  the  defendant  was  one  of  the 
competitors ;  thf.re  were,  upon  tlie  noiuinution 
and  election  iu  the  hall,  a  qfrcat  many  mtirr 
voices  or  suffnu;|^rs  for  om?  than  for  the  otlu  r, 
which  was  certitied  to  tlic  c<furt  of  aldenurii 
and  lord  tnayor,  as  is  usual ;  but  some  contest 
bein^,  a  poll  was  deinandt^l  and  granted,  and 
upou  tliat  poll,  my  lord  mayor  was  plea^d  v 


S31}       STATE  TRIALS,  36  Charles  II.  l6S^.^PHtekard  v.  Pillion,       [3S? 

ileclare  tlie  election  on  one  side  at^nst  Mr. 
I'apillon,  who  was  yet  aiipreheDdLiI,  by  the 
tint  choice,  to  be  one  that  nad  most  siUfrag'es. 
But  several  mectitif^s  there  were,  and  several 
common  halls  assembled,  so  that  it  was  a  con- 
tested matter,  and,  as  I  said,  thei-e  had  been  a 
report  maile  on  the  defendant's  behalf.  We 
insist  not  upon  the  riju;ht  of  election  ;  that  has 
been  otherwise  deti-nnincd.  L>ut  u  hen  he  is 
put  in  nomination  by  the  electors  in  the  city, 
and  has  many  sulfrages,  and  he  conceives  him- 
self rightly  chosen,  and*  they  that  are  mana- 
gers of  the  ekection  ^ivc  such  an  account  that 
in  their  jud^^fmeut  he  vius  chosen,  that  surely 
was  a  probable  cause  for  him  to  proceed  upon 
it.  And  if  there  lie  but  a  proiidble  cause  to  brinjijf 
this  to  a  question,  no  doubt  he  micht  very 
well  take  the  course  the  defcudant  took.  Mere 
is  no  arrest  without  legal  proce<«ft ;  nay,  their 
own  witnesses  say,  there  was  an  ofler  to  take 
an  appearance  witliout  puttinjjf  it  on  so  far  as 
an  arrest :  if  my  lord  mayor  would  have  but 
given  an  appearance,  there  had  be^n  an  end, 
iNit  he  did  not  think  fit  to  do  that,  and  so  the 
|)rix:ess  of  law  was  executed  upon  him.  Then 
nerc  is  the  rase  in  short :  A  nian  thinks  him- 
self rightly  and  dtdy  chosen  into  an  ofHce^  and 
has  probaulc  n*ason  so  to  think,  for  the  judges 
of  the  election  think  so  too,  and  deliver  that  as 
their  opinion :  so  that  though  he  is  mistaken, 
as  the  event  proves,  \et  he  is  not  alone  in  his 
mistake,  nor  without* i^ound  of  Ids  apprehen- 
aiou :  then  if  it  bi>  (under  favour)  such  a  man 
has  no  other  proceeding;?!  to  take  in  the  world 
for  settliuLf  this  mutter,  but  to  appeal  to  your 
lordship,  and  that  great  court  where  your  [nrd- 
ship  Mt.«,  to  have'  a  writ  to  command  the 
mayor,  ur  other  iiropcr  oflict-r  to  swear  such  a 
mail  iiiio  thcoi2ic'>.  or  shew  good  cause  why 
he  doth  not.  If  \\w  mavor,  u|K»n  tho  re- 
reipt  of  the  v>Tit,  tlunUs  lU  to  obcv  it,  and 
swears  the  man,  all  is  \\eli :  if  not,'  he  must 
make  a  return  of  the  writ,  with  the  cause  wiiy 
the  command  of  li;^:  urit)>  hut  oL.-ycd.  Now 
the  suiT^'siiou  of  the  writ  is,  thra  lui  was  duly 
cboseii  uito  such  .in  otiii'c.  :ind  therefore  lie 
bad  a  fair  way  lo  put  this  luatlrr  to  an  eufi ; 
if  he  would  have  ie:urned  he  w  ;:<j  Ciii.rTcn,  or 
not  chosi'ii,  ihcfL  \\?A  bern  u:i  rnti  of  the  bu- 
siness, whirh  hi*  might  ^umUi*  i:..cur)  to  have 
done  in  obedicsi'jc  to  tin-  ki:i<;  s  urit.  What 
tlien  follows  upr^n  his  not  doiiii;  so '.'  'f  he  party 
that  is  grieved  hereby,  ht>s  no  o:luir  cour:^ 
to  take,  but  to  hrin^' liN  :utioii  at;-ain*>t  the 


person;  zeal  and  earnestness  to  have  right 
done,  to  a  man's  self  or  another,  in  a  1ml 
course  of  justice,  is  not  malice,  nor  will  mase 
the  prosecution  of  tlie  action  unreasonable  and 
^^rroundless.  Have  tliey  proved  to  you,  gen- . 
tlemen,  any  particular  discontent  and  malice 
that  is  between  the  plaintiif  and  defendant?  No 
truly,  I  think,  by  all  the  proof  that  has  been 
offered,  the  quite  contrary  does  Bp[iear.  The: 
defendant  took  out  a  Afaudamus,  directed  to 
the  plaintiif,  which  was  not  duly  returned: 
what  then  doth  he  do  next  7  Dotb  he  most 
violently  arrest  bim  ?  That,  with  submiasiony 
he  mignt  do,  and  no  oflence  in  law :  no,  bot 
he  doth  not  do  it,  but  only  desired  from  time  to 
time,  as  we  shall  prove  anon,  that  he  would  bot 
give  an  appearance,  that  would  have  put  a 
conclusion  to  this  dispute.  There  is  no  ap- 
pearance given:  whereupon  he  is  arrested, 
and  detained  in  custody  .six  hours.  If  a  man 
be  once  in  the  ofiicer's'liands  taken  upon  legal 

(irocess,  how  long  soever  the  officer  kesfiB 
lim,  is  not  at  all  to  be  laid  upon  the  nenon 
that  brings  the  suit ;  tliat  is  to  be  lookea  after 
by  the  otticer  himself.  Whatsoever  was  the 
usage  in  that  manner,  we  are  not  to  < 
for  (though  it  is  plain  an  ap|>earanoe 
have  done  all  presently,)  we  shall  profewe 
gave  order  to  use  all  detereuce  and  reqwct  in 
theworid.  And  besides  (though  I  would  not 
speak  it  to  iuvalidau  an}j  of  the  evidence  gavca 
about  the  right  of  elocution  one  way  or  other, 
yet)  tliere  l^ing  a  return  of  the  defendant's 
election  by  the  sheriffs  to  the  court  of  aUrr-. 
men ;  but  they  l>eing.of  another  opinion,  gavn 
order  that  those  that  thought  themselTfls  ag- 
j  grieved  shonld  take  their  remedy  at  law: 
which  order  we  have  pursued  in  that  nyninr 
coui-se  that  the  law  has  prescribed.  And  I 
hoiie  it  will  never  come  to  that,  that  a  naa- 
(though  mistaken)  conceiving  himself  to  \vKsn 
a  right  of  artion,  and  suing  out  the  Idng^ 
writ,  shall  suffer  for  so  doing,  uukss  particiUBr 
malice  be  made  lo  appear.  Here  isagrat 
noise  of  dama^,  and  disrt*pute,  and  dtsgraen,- 
to  the  plainiift  and  his  office,  and  be  ha3  ben' 
pleased  to  reckon  his  onu  damages  at  10,000l« 
iVe  sa\  he  has  siistaine*!  no  damage  by  any 
thing  we  have  done,  but  we  are  qui^  Mt; 
guilty  of  this  uurrasonable  and  malicious  pip- 
stxrutifMi  l-jid  to  our  charge.  And  that  we  are 
nor  iruiliy.  tiie  matter  that  has  been  opened,  ««t 
ihiiik,  v'ill  sur.:cioiuly  d<>clare.  Fur  if  there 
nUM  a  Ci.iito^l  abou;  tlii*  election,  and  the 


mayor  fori*.     This  Ki\y\r>v  ihi'  di  Jaulant  took,  [  rirt<  rcturntd  it  as  tlitir  opinion  that  the  de-j 


bv  taking  out  :i  w.it  a^aiuM  tlie  idaintiii*:  and 
w*hat  was  the  eflVoi  oi  iliut  wv'ii  /  U  is  indt*etl 
charged  \wsv  l:\  ll;«'  onr.:iM'l  on  tlic  ot!;»p  side 
that  there  wiw  a  design  of  a  di«icontented  parly 
in  it,  aud  1  kii>>w  not  »ii:U,  <ii]ii  a  gre:tt  ^vzX  ot 
stir  made  that  a  i-vkuntr  o/ihi'iiiy  ot  London 
should  arrest  my  b  nl  iivjor.  ft  may  be  it 
was  not  in  rcvtitiuly  dune,  but  yei  if  he 
thou'^hi  he  had  good 'cause  ofactiun  against 
him,* he  might  do  it  lawfully.  Doth  this 
prove  to  vou,  that  this  nas  maliciously  aud 
unmsiinalily  done.'    Malice  must  be  lo  the 


li'udaiit  A^i^s  chosen,  though  they  and  hn 
t«M»  ^*pre  iiiistakt'n.  mh  that  might  give  a  |inK 
iMblegrouiMi  fo»-  his  pur^uiug  the  course  he  dM 
tiike.tind thevcr,>  CAiiiitufaliKuuieu^aiHlthelor^ 
maj  or.  bltlding  them  take  their  course  at  bw,  we 
sure  shall  nut  be  punished  tor  it.  We  did  nsi 
priv^^rute  our  «|JCsiion  iu  any  u.aIicious  wajr*. 
but  in  tiiat  course  that  the'  law  allows,  wif 
taking  out  the  king's  writ,  aud  m  c  hope  ihv 
latv  will  pnitect  us  tur  it.  , 

Sir.    Wiiliamt.     ^\ill    vour    lordship   hm 
pUttscd  to  spare  me  a  woril  on  the- 


STATE  TRIALS,  3()Chaeles  II.  iGSi^^Jbr/ahe  Arreut 


tWtci 


^^■ilil  Mr.  Scrjeatit  Mayiiard.     1  um  ot*  conn- 
^K^i^t    '  wiiti  Air.  PapilluD,  the  tie-  I 

^^^|Et  'li(»D*     Wtf  do  not  insist  iipm 

^^^nhr    u"  ''ing    to    assrrt    <mr 

(1  vvc  we r*f  elected, 
.  .,^,  ami  wc  rested  i^a- 
^  e  C4^>me  tiere  now  before 

Myniii|^v<  in:  whether  we  had  any 

piiobtlite  cause  ol  ojchun,  upon  ivbicK  we  mi^lit 
dot  this  nrucf'j^  mentjoned  in  the  decla- 
|l  ivhich  IK  a  Capias  upon  a  Latitat  i*  And 
p  iiisist  upon  itf  that  ttiis  actioa  of  lUe 
ttffV  must  fall  u|R}ii  the  i^ue  joined^  iCwe 
~  ouk  mii^tf  you^  Httd  <jht'W  that  it  was  not  ma- 
ilBimn>  and  without  probable  cau«c.  And 
||0B|^i  our  cause  of  action  ai;  Ju'^t  tlie  plain- 
fSfSSw  -'  ^  the  <'«eot  not  tu  be  a  $c^^  and 
Mtfci<  yet  it  it  wore  proliabte^  it  will 

evade  u.^  <  .<^  ^^nv^   and  that  is  att  we   laboui- 
for,     TUi  y  do  not  alfen^pt  to  ph/ve,  at  least- 
•Re  I  hare  not  heiird  any  tiiioflr  of  it,  that  thi^TC 
lias  All  Sprees  ujaiice,   any  tlun|?  either  snid 
ardoiie  bylhedeiendanl,  luotethaii  the  cau&iiig^ 
lo  Ue  arrcsteti  upon  this  writ.     It  iit  very 
know II,  it  wo«s  iu  the  city  of  London  a 
ttry  Qiuoh   cantroireikd    questioHf    whether 
Ht'  ft^»p4Uun  And  Mr,  Dubois,  or  sir  Dudley 
uh  aud  Mr.  Rich,  were  chosen  shm-ifts  of 
bo  Y  1  would  uol  run  over  the  history  of 
dot  loo  wtU  Lni)HU  and  rememl»ered, 
\ons  that  \s€v*  m   the  city   about  it, 
vtcre    so    much   disffati^etj    with   the 
5ir  Dudley    North  and    ^ir.   Rich, 
•»   tIij|>yHj^r   them  not  duly  elected, 
t  have  the  court  of  kinjX^H  bench 

^  nt  of  MandanTtts  to  swear  Mr. 
Mr.  Dubois^     Tbta  Maud  am  us 
red  for,  and  grauted  ;  and  to  this  w  rit 
Bttjor  and  aldermen,  to  whom  it  was  di* 
iii^c  a  return  that  we  were  not  elected 
of  Lotidou,   which  return  waa  appre- 
Iddied  to  be  talae ;  and  really  to  try  the  truth 
of  lldi  return,  was  tJic  acticm  brought  againt^t 
tbepllAfilitr.     A  man  that  is  injured  by  a  talse 
fttwiit  hath  iudeetl  no  other  way  to  right  hint' 
•eH^  bat  by  hnnijinij  an  .icuud  against thera 
thalflcmde  it.  Lpon  this  actum  bi'oug'hl,  I  hope 
yog  lire  jottisficrd^  emitlciuen,  from  liie  eviiienc« 
lint  lias  been  already  mveo,   the  dcfendtint 
pOMKcded  re;;:u1arU   and  orderly,  in  a  decent 
OHOncr  sj'jHyiQ^  htmsielf  to  get  an  appearance 
tt^kk  ai!tion.     And  ue  shat)  proie  he  did  so; 
kif  ftrtit,  he  took  out  a  Latitat  aghast  my 
M  uyiyc»r,  aud  by  the  attorney    gave  him 
Mtke  ofit^  and  desired  an  appearance  ;  w  that 
ike  <|Miertion  in  dii»pute   mi^ht  come  to  lioine 
But  he  was  not  pleaiied  to  ^ve 
ippcftnuice  to  that  «  rit,  !io  we  took  out  a 
fty  gave  blm  Oiotice  ot  it,  and  desired  an 
but  could  have   no  appearance; 
ipoo   we  took  out    an    Alia^i  Capias, 
i4trii  i*i  thi^-^vrit  Dientioner]  in  the  declaration. 
ad  tl  r,  who  hasbt'en  named,  wa3 

tbcn  I  noold  be  called  upon  to  make 

MOME  return  to  hiK  wrtt;  which  Ije  acijuainled 
mj  b>rd  mayor  w  ith,  and  desired  him  lo  ^ive  an 
Hrjugb    lie  tdosi^   t&    4o ;    the 


[334, 


officer  wa!«  constrained  to  arrest  hilD*  ta  «xe^ 
cute  tlie  king's  writ,   and  yoti  hear  how 
treated  hhn  with  all  dn^  respect,  and  ca 
hiin  to  liisonn  house,  where  he  «itaid  son 
hours,  and  then  went  away,     AH  thift  tin 
were  wc  witisfied  with   what  was  done, 
erpectcil  no  mure  than   an  appearnnce,  wh 
at  lii^t  was  g'iven.     Upon  that  appeamm'>e 
did  de^'lrtre,  in  the  be^inningr  of  Hillary 
Eastcj'  term  (83) :  but  it  tell  out,  that  in  Easter  J 
term  (B.S)  there  was  an  information  for  a  riotl 
upon  ^lidsummer-ilay  belbrt%  abcmt  this  coit^j 
tested  eleclion,   came  to   be  tried.     And  that.] 
i-oming  to  trial,  20  Mali,  aud  being' found  tob%I 
ari<it,  and  the  she  ri^s  Rwoni  to  he  iluly  cict  tedy 
iJicreupon  wa  were  abundantly  satisfied 
we  were  mistaken,  and  under  misapprehen- 
sions, and  that  our  caust-  of  action   ivould  n< 
hold,  and   we  did  discontinue  it.     Indeed, 
we   had   jirAKceul<»vl  our  action  after  ihat« 
wouhl  hare  betu   more  like  an  ang'ry  and  i 
fiilly  prosecution,  anti  the  whole  haM*  had  i 
worEe  con^l  ruction,    than  the  tliin;!^  in  itscll 
wnuhl  brar.      Hut  when  we  found  the  opmioa 
of  the  court  to  be  a^inst  us  alH>ut  our  eleclion^^ 
we     imiuediaiety     discontinued    our    action* 
Gentlemen »  we  shall  prove  thc«elo  haf^e  been 
our  proceedings,  and  that,  I  hope^  will  satisf;^ 
you,  wc  arc  not  guilty,  according  as  we  havi 
pleaded. 

Mr.  Ward,  May  it  ]deasGYourhirdshjp,  t 
you,  tjfeutleiTien  of  the  jury  ^  1  am  of  counsel  < 
the  same  side,  for  the  defendant,  and  desire  i 
be  heanl  one  word,  as  to  some  thing?*  tha 
have  been  said  on  the  other  fiide  on  this  caus< 
There  have  been  some  tpiestions  asked,  that< 
tery  much  reflect  upou  the  defendant,  aud 
which  I  woidd  take  out  of  iliis  cause.  1  shall 
take  notice,  tirst,  what  the  questions  wc 
and  tlieu  tpve  them  that  regard  and  answe 
which  they  deserve.  That  which  in  un 
g^eutlemiE'n,  by  M'ny  of  crimination,  in  tliis  < 
anj^ainst  the  defendant,  and  an  unjust  as  well  i 
foreign  refleeiion,  not  at  all  coucerniu*^  tt 
cause,  is,  as  if  the  defendant  were  acquainti><| 
with  the  insurrection  and  cou'qnracy  that  wa 
intended  aj»-ainst  the  king's  life,  and  tor  sub 
version  of  the  sjovernment,  and  procured  lb 
plaintiff,  then  Jurd  mayor,  to  be  arrested,  i 
fnrther  and  promote  that  inaurrectioti.  But  i 
that  w  as  insinuated  only  tor  rolkciion^s  sake 
so  i  hope  you,  g^enllcmci],  wilt  l»e  plaased  I 
take  notice,  that  not  one  word  of  any  aa 
thini^f  is  proved  at  all«  thiit  the  defeudant  eve 
knew  of  any  intended  insurrection,  nor  tlu 
this  »a«  done  with  any  such  design  :  for  eve 
their  first  witness,  Keeling,  from  whott^  lieiiij 
employed  by  the  coroner  in  the  execution  i 
tlie  writ  upon  sir  William  PritchaT*i|  the  pbiiv 
tiff,  they  would  argi|,e  that  }»orueihioar  else  wa 
devigned  in  it,  doth  g^ive  a  positive  denial  of  an 
such  tliincr  now  upon  his  testimony  here.  An 
Mr.  Pupilion  the  defendant  never  knew  bim  i 
his  lite,  nor  employed  hiui  in  this  busiiiesa,  ud 
unlered  thai  be  should  be  out  ployed  iu  it,  ua 
ever  saw  htm  ;  but  the  coroner  ^Ave  him  1 
warr«fitt9  axecuta*  If,  Ibor^bre,  t^eeUn^  and 


333]       STATE  TRIALS,  so  ChablbsH.  i6s«.— PnYdbirtf  «.  F^/oii,       J3S0 

to  ftiiy  attorney,  imil  ixderum  m  appeamHs^ 
antl  UKii,  I  hgpe,  t]iepeaee<irUfte  kiiigfdoni  bad 
bem  in  no  (leril  fir«m  audi  a  tlei^ii  aa  ibii 
anest  Wkicli  I  ivould  not  have  dicb- 
tkmed,  nor  ahould  liave  taken  to  be  at  all 
ooooenied  in  the  isme  nnw  befbre  you  to  ba 
tried,  but  diat  I  find  them  to  be  tttken  iM6 
the  questkm,  when  I  hope  you  will  oonaider 
they  are  no  way  uatenal  to  the  ]ioint  in  cob- 
troreray.  Now,  p^eatleinen,  in  onr  defeaoe 
against  tiiis  suit  ot  the  phiiiitiflr*fy  weahaHoaH 
our  witneasca  to  prove  what  we  have  opoied. 
And  oar  -deienee  wiU  be  in  theae  atepa :  -fin^ 
to  shew  the  inducement  to  our  action  agaiaaK 
the  plaintiif :  which  will  shew  tiiere  waa  a 
probable  cause.  Secondly,  give  an  aeoouM  of 
tlie  reverent  cania|»«  and  behaviour  towaHb 
the  plaintiff  in  tlie  prosecutiou ;  how  wMi  ff»> 
iterated  applicationa  it  was  only  deaired  4faat 
the  plaintiff  woukl  give  an  apnearanoe,  whU 
hewasnotpleaaed  todo;  aucl  that-theroupa*^ 
witli  great  civility,  the  king's  writ  waa  ODe^ 
cuted,  as  indeed  i  see  no  proof  to  the  eooliM. 
For  neither  the  coroner,  nor  those  other  paaple 
that  ^ve  their  assistance  to  hnn,  were  dl  all 
rude  in  their  carriage  to  my  lord  mayor ;  Imtas 
soon  as  the  arrest  was  made,  they  were  dX 
turned  off,  and  the  coroner  staid  alone  widi 
my  lord,  and  went  with  him  in  hia  lordaUp^ 
own  coach  to  tlie  Skinners- Hall,  wfaioh  was 
the  coroner's  bouse.  Neither  waa  tkave  any 
thoig  ill  donoj  after  all  tliis  was  past:  iw, 
upon  the  plaintiff's  appearance,  the  aow  di^ 
fendant  declared  in  liis  action,  and  intaadad  to 
pursue  it ;  but  it  happened  that  afteiwaids,  in 
a  short  time,  these  things  suffered  .ftom  de- 
bate, in  a  trial  tliat  was  hei-e  about  a  riot  it 
this  election,  where  the  question  of  the  right 
and  election  was  determined  on  the  otficr  side, 
which  gave  the  plaintiff  in  that  action,  the 
deiendaat  in  this,  satisiiiction  that  he  was  in  a 
niistake;  and  so  he  tlionght  tit  to  disctniti- 


Goodenonglt  were  ooncemcd  in  any  ill 
ness,  and  liave  takeu  upon  them  to  do  that 
which  they  ought  not  to  have  done,  that  doth 
not  signify  any  thing  in  this  me,  nor  ought  to 
turn  to  the  defendant's  prejudice.  Nor,  if  any 
thkig  were  done  by  the  officers,  that  were  to 
execute  tliis  process,  that  were  a  Misfesauce, 
or  a  male-executiou  of  their  office,  that  ought 
not  to  be  impute<l  as  a  fault  in  the  defrndant. 
Bntfor  this  matter  now  before  you,  the  case 
will  depend  upon  this  point  chieflv,  whether 
the  now  defendant  had  a  rcasonalm  cause,  or 
probable  ground,  to  bring  an  action  against  the 
phimtiff  at  the  time  when  it  was  broi^ht,  and 
this  arrest  mode  i*  For  there  is  many  a  man, 
that  at  the  commencement  of  his  action,  doth 
conceive  in  himself,  he  had  a  good  probable 
cauise  of  action  against  another  man,  that  in  the 
event  of  things  ftods  he  was  mistaken,  and 
hath  no  such  cause ;  and  tliercupon  desists  the 
prosecution  of  it.  Therefore  the  probability 
of  the  cause,  at  the  time  when  this  Act  was 
doae,  is  the  question  you  now  are  to  try.  For 
we  are  not  now  considering,  whether  tbat  pro- 
bable cause  did  continue  ami  prove  a  good 
rause  ;  the  event  of  this  matter  has  proved  it 

Siite  otherwise.  Indeed  the  original  qnestion  of 
is  whole  cause  was,  Who  were  only  elected 
•hcrifis?  And  that  at  the  lime  of  such  election 
made  a  great  number  of  votes  ])assed  for  the 
/leiimdant,  is,  I  think,  very  notorious,  both  vpon 
the  lifting  up  of  hands,  and  upon  the  poll. 
These  thmgs  we  sliall  offer  to  you,  and  make 
it  ont  that  these  gave  occasion  to  tbe  defen- 
dant to  conloJt  tlie  election,  and  consequently 
to  the  bringing  of  the  action  that  the  plaintiff 
wan  thus  arrested  upon-  If  then  there  were 
such  tilings  as  these  that  we  have  opened, 
which  gave  a  colour  to  coiitrovcit  the  right, 
and  the  defendant  pursued  the  method  pro- 
scribed by  the  law  to  bring  it  to  a  determina- 
tion, and  there  was  no  particular  disrespect  or 
incivility  offered  to  my  lord  mayor,  then  sure 
there  was  no  reason  tobriiig  this  action  against 
us.  And  that  there  was  no  indecent  behaviour 
uaed  towards  the  plaintiff,  doth  appear  from  the 
evidence  that  hath  been  given  of  the  whole 
transaction.  All  that  was  desired  of  my  lord 
mayor  was  but  an  appearance.  For  tliiii  was 
indeed  an  action  thi't  did  not  require  bail,  but 
an  appearance ;  thougii.  I  nmst  neeils  sny,  I  I 
never  knew  any  one  ss)  avtiNc  to  ir'ivc.  nii  ap- 
pearance to  nn  action  as  tlie  plaintiif  was ; 
for  atler  a  Ijuiitat  and  Ctwias  htken  our.  ai'.d 


iiuo  tiint  action,  an<l  proceeded  no  furthei^— 

L,  C.  J.  No,  Air.  Ward,  that  waa  not  tha 
question  detennmcd  then. 

M\\  Wara.    My  Ijord,   I  humbly  conceifa 
the  issue  of  lliat  cause  did  determine  diat  < 
tion— — 

1.  C.J,  No,  no,  r  tell  you  it  waa  not  the 
question. 

Mr.  Ward.  I   must  submit  it  to  your  hud- 
Khij». 

L.  C  .T.  I  pi'rceivc  vou  do  not  nndnitMd 
the  question  thnt  was  'then,  nor  the  qiu.  ilii 


beiug  frequently  acquainted  with  it,   ami  at  i  tiiat  is  \mw.  '  \  on  have  made  a  long 


length  upon  applicatian  aOcr  thcta'/.inp;  out  of 
the^/i»  Cai;i<fi«,and  many  attendanroN,  u  ith  all 
the  deference  and  respect  iina>j:iii»hIo.  hoth  to 
his  person  and  office,  not  so  much  cs  a  bare 
nppi'arance  could  be  obtaiped.  l^)ion  the  opon- 
uii;  of  the  declaration  and  the  cause,  you  l:avc 
been  told  of  the  great  dangci-s  that  ncre  in 
the  case,  as  to  the  intringemcnt  of  public 
peace,  and  the  government,  which  has  been 
Tcry  much  aggravatctl  on  the  otiier  side.  But 
had  the  reasonable  request  of  the  defendant  by 
his  altomcy,  or  the  officer,  so  ofWn  repeated, 
baan  but  compliud  with,  it  had  been  but  s«iidlug 


here,  and  notKincf  at  all  to  Uie  puqKiae:  yi 
do  noi  uitdcrstcUid  what  you  are  about,  I  'toH 
you  it  was  no  such  question. 

Mr.  WurU.  My  lord,  I  was  onh'  giving  anac- 
rount  of  wiiat  we  should  prove  as  to  ttie  iSut' 
ness  of  onr  proceedii?j»>j 

L.  C.  J.  iiut  1  must  interrupt  you,  and  %A 
yon,  all  }'nu  have  said  signifies  nothing.  Mmk 
as  to  what  you  mention  of  tlic  trial  for  tbe  ntt^ 
I  say,  if  tlierc  he  any  electian  to  an  oiBee  aft 
any  time,  that  is  controverted  or  doubtful,  y«K 

halve  forms  and  methods  of  hiw  tofl"^ ' — 

the  coutro  voTky— — 


m 


STATB IWALS,  96  Chables  II.  l6S*^orfabe  Arrea. 


[335 


Mr.  Wkrd,  And  weMij,  with  anbmission, 
■J  lird,  we  hare  only  {mnoed  tuch  form  and 

£.  C.  /.  Toa  are  not  to  try  rig^ito  by  club- 
liw,  by  riots,  by  Doise,  and  by  tiimults. 
fluiiuiL,  yoa  are  fnistaken,  to  say,  that  was 
tefsestiM  upon  the  trial  of  the  Riot  No,  it 
ttSMtthe  qncstiDn,  bul  the  defendants  there 
w«n  trM  for  a  oolorions  offence,  and  di«or- 
My  tMnvkiMNis  assembly,  an  assembly  that 
M  fte  to  have  set  us  tc^thcr  by  the  ears, 


ire  you  niii 
Wym  will  speak, 
hmL    Do  not 


AilisaB  i 


moBt  not  talk  after  that  rate. 
sk,  apply  to  the  business  in 
uaJke  sucli  excursions,  ad  cap- 


N^ii/am,  with  your  flourishes;  tor 
I  tbat  is  designed  by  your  lonif  ha- 
But  1  must  nut  suffer  it.  I  i^ill  none 
Dcl,  nor  3'our  garniture.  Thebu- 
of  the  court,  is,  and  bv  the  grace  of 
9ai^  it  shall  always  be  my  business,  and  so 
f^fkmM  h9  the  coansd's  too,  '  Servare  jus 
Shim.'  But  I  see  you  do  not  understand 
'AifvcatioB,  and  that  makes  you  ramble  so 
■Kt  njoar  discourse. 

Mr.  Wmrd.  My  lord,  I  ilesire  always  to  do 
•Wia^;  and  do  it  as  well  as  I  can.  I  know 
iVfWdl,  and  hope  to  apply  it  to  this  case, 
te  ia  aanestion  of  right  there  are  forms  and 
MAaft  or  law  to  be  pursued,  and  I  would  de- 
ftiiaj  ciieDt  from  this  action,  by  proving  he 
HiiBaB.  that  mKhod ;  and  when  he  apprc- 
baMktkad  been  before  mistaken,  hedesisted 

Aiwtebe  bad  begun 

'  Lax  I  tell  you,  I  perceive  you  do  not 
MlartHd  tlie  question. 
.MLlFarrf.   It'  your  lordship  will  jofive  me 
lMelicx|>lain  myself,  1  hope  I  shall  satisfy 
jHrlwdsbip. 
L  C  J.  Ind<^d  Mr.  Ward,  you  do  not  nn- 
iaMnd  the  question  at  all,  but  launch  out 
Imi  aa  ocean  of  discourse,  that  is   wholly 
aiiefram  the  mark.     I  see  you  do  nut  nader- 
ttadiL 
Ifr.  Ward.    Will  your  lordship  please  to 

karrae 

JL  C-  /.  Ay,  if  you  would  speak  to  the  pur- 
fm ;  but  1  cannot  sit  here  all  nii^lit  to  near 
jm  anke  florid  speeches  about  matters  that 
mt  foreign  to  the  point  before  us.  Come  to 
fe«ncstion,  man;  I. see  you  do  not  under- 


M  what  you  are  about 
■r.  Ward.   My  Lord 


L  C.  J.  Nay*  be  as  angry  as  you  will,  Mr. 
Wad,  1  do  tell  yon  again,  all  you  hare  said 
hasliiiBg  to  ttie  purpose,  and  you  do  not  un- 
*  the  business. 


,     Then  there  was  a  little  hiss  liogun. 

^C.X  Who  is  that?  What  in  the  nnmc 
trfOad!  I  hope  we  are  now  past  that  tinic  of 
humming  ami  hissing  shall  be  used 
oTjustice;    but  1  would  fain  ktM)w 


that  dare  to  hum  or  hiss  witilo  1  sii  '  niav^r  nhoi>t  it  / 


hissed  or  hummed  ;  and  I  do  not  question  biit 
they  hare  as  good  a  will  to  it  now.  Come, 
Mr.  Ward,  pray  let  us  have  none  of  your  fra- 
graories,  and  tine  rhctoi-ical  flowers,  to  take 
the  uople  with. 

i^lr.  Warfl,  My  lord,  I  do  not  do  any  such 
thing,  but  if  your  Inrdship  would  please  to  hear 
me,  1  would  explain  myself,  I  hope  to  your  lord- 
ship's satisfacUon,  and  the  satisfaction  of  the 
gentlemen  of  the  jury. 

L.  C.  J.  Hear  you?  Why,  I  did  not  in^ 
tcrrupt  you,  man,  till  you  cafnc  to  launch  out 
into  extravfigant  things  that  did  not  at  all  con- 
cern the  cause.  Keep  close  to  the  question 
we  come  here  to  tr\',  and  1  will  hoar  yon  as 
long  as  you  will.  I'^hc  sinpfle  question  is  here, 
W^hethcr  there  were  a  probaMe  cause  for  your 
arresting  the  idaintiff,  or  not. 

Mr.  Ward.  My  lord,  we  did  apprehend,  I 
say,  that  we  liivd  a  probable  cause ;  but  when 
we  found  our  mistake,  we  discontinued  oor  ac- 
tion, paid  costs,  and  have  a  receipt  for  them. 
This  was  it  1  was  saying 

L,  C.  J.  Say  what  you  can,  in  God's  name, 
that  will  con^tuce  to  the  point  in  band ;  but  do 
not  make  the  |jco:iIe  belies  c  as  though  the  right 
of  sheriffs,  or  not  sheriffs,  were  determined 
upon  the  trial  of  a  rioi . 

Scrj.  Muynard.  There  arc. these  things  that 
are  proper  to  be  con«idere«l  in  this  question, 
whether  the  cause  were  probable,  or  not  pro- 
bable ;  and  if  not  probable,  whether  malicioua, 
or  not  ? 

L.  C.  J.  True,  brother :  if  people  will  but 
understand  their  business,  it  is  reduced  to  a  nar- 
row compass  ;  but  if  they  will  not  understand 
what  it  is  they  come  about,  they  will  rambia 
from  the  point,  and  who  can  help  it?  But  we 
must  keep  to  whr.t  ir>  before  us. 

Mr.  WUUamit,  ^\'e  shall  make  it  out,  that 
notliing"  was  dune  hut  very  civilly. 

L,  C,  J.  You  uiust  ra«ike  it  out,  that  nothing 
wns  do;ie  hat  what  you  had  probable  cause  at 
IcHst  for. 

Mr.  Williamx,  We  will,  my  lord,  apply  our- 
prlvos  to  that  which  your  lordship  directs. 
C'AX  M\\  Brome,  Mr.  Courthope,  and  Mr. 
Cornish. 

Mr.  Brome  sworn. 

?ilr.  Ward.  l^Tr.  Brome,  are  you  sworn  f 

HnmK.  Yes,  Sir. 

Mr.  Ward.  Hare  you  the  WTits  here  ?  TIjs 
Latitat  and  the  t'apijis? 

Jiromr.  Trulv,  Sir,  1  have  not ;  I  did  not 
brlRif  tlipm  witli  me,  thry  arc  at  home  at  my 
house  ;  if  you  ploasi*,  I  will  fctrh  them. 

Mr.  ]}  rrd.  Pray,  can  you  tdl,  Sir,  when 
the  first  \^rilwas  rt-turnahic  .'* 

Y.rome.  In  lliliry  term. 

Mr.  Wrrd.  \Vl:cn  you  iKi.hli.-^t  writ  brought 
to  you,  Sir,  ^vhat   did  3"ii  suv  to    my  bid 


k«  1  wifl  assure  him,  be  he  who  he  will  I  will 
■  hrthe  heels,  and ,  make  an  example 
L  ladced  I  know  the  time  when  causes 
i»  it  carrMd  according  as  the  mobile 


Phvuc.  1  W(Mit  to  my  I'»id  mayor  with  ^Ir. 
Cloodrnoufjli,  \\^\y\  dt^iri-d  iiiv  lord  that  lit* 
would  apjM'jir  ioii.  .T"!  M".  Ci(»o(Ienoui;htn»d  mo 
he  lifid  di.>^ircd  of  !;iui  lii!.n«Llf  bL-fo:'.*.     But  hu 


9S 


3S9]       STATE  TRIALS,  36  CuAm-ZS  II.  iSS^^PrUehsri  v.  Pdj^ltm,       [MO 

■aid  be  would  give  oo  appearaDce.  If  I  would 
take  bim  upon  the  writ,  I  might  do  ap  1 
pleased,  and  he  would  consider,  and  do  as  he 
should  think  fit ;  but  he  would  not  gire  any 
appearance.  I  told  him,  I  had  writs  against 
seFeral  of  the  aldermen  upon  the  sanue  account, 
and  that  I  would  wait  upon  them  also ;  and  I 
did  so,  and  desired  them  to  appear,  and  offered 
to  take  an  appearance  from  thiem,  and  gave  my 
lord  mayor  and  them  time  to  consider  of  it, 
and  came  again  ;  but  they  told  me,  they  had 
considered  of  it,  and  would  give  no  appear- 
ance. 

Mr.  Williams,  When  was  this.  Sir  ? 

Brojfie.  In  tlie  beginning  of  Hilary  term,  to 
the  best  of  my  rcmembra[nce. 

Mr.  Williams,  What  time  did  you  give  my 
lord  mayor  to  consider  of  it  ? 

Brome,  About  a  week,  or  some  nine  or  ten 
days  time,  as  J  remember. 

Mr.  Ward,  Where  was  it  that  you  had  that 
answer^  that  he  had  considered  of  it,  and  would 
give  no  ap|)earancc  ? 

Bromc.  It  was  at  the  court  of  aldermen. 

Mr.  WHliaiNs,  M'cie  the  writs  brought  again 
tfi  you  ? 

Brc/ne.  There  was  not  time  to  make  a  re  • 
turn  tben,  and  so  they  let  all  alone  till  a  httie 
before  the  U.«];iiming  of  Easter  term,  and  then 
•ne  day  Mr.  Goodenough,  the  attorney,  brought 
me  the  writs  a^n,  and  threatened  to  complain 
to  the  court  ot  me,  and  acquaint  them,  that  I 
had  neglected  tlie  execution  of  the  king's  \iTits, 
two  of  them. 

]\Ir.  Ward,  Upon  your  oath,  Sir,  did  he 
threaten  you,  that  if  you  did  wA  make  a  re- 
turn of  the  writ,  he  uoiiUl  comMhiin  T 

Bromc.  lie  said  1  had  c.xiiostd  him  to  tli«* 
complaint  of  his  client  ;  and  if  1  diil  n'lt  do  it. 
he  would  com;iIain  to  the  com  I  of  me:  if  I 
would  maki?  a  return,  as  I  ou'^bt  lo  do,  well 
anil  good,  il'  not- 


GibsoB,  and  intreated  him  to  let  my  lord  mavor 
know,  that  I  desired  to  speak  with  his  lordship 
at  his  leisure ;  aftervi'ards,  when  I  came  ap  t9 
my  lord  mayor,  he  asked  me>  what  wai  mv 
business  ?  I  told  him  the  writs  were  renewed, 
at  the  suit  of  Air.  PaniUon  and  Mr.  Duboia,  and 
I  was  pressed  to  make  a  return ;  and  I  desired 
his  lordship  that  he  would  he  pleased  to  gire 
an  appeerance.  He  told  me  be  waa  ready  to 
aobmit  to  the  king's  writ,  but  would  not  give 
an  appearance;  thereupon  the  officers  named 
in  the  warrant  by  my  command  did  arrest  him. 

Mr.  Ward.  6ow  often  did  you  wait  apoB 
my  lord  mayor  for  an  appearance  upon  both 
tlie  writs,  before  he  was  arrested  ? 

Brome,  Several  times ;  I  cannot  exactly  tdl 
how  oAen. 

Mr.  William,  Had  you  directions,  if  he 
would  please  to  give  an  appearance,  to  take  an 
appearance  and  not  to  arrest  him  f 

Brome,  I  had  directions  to  take  an  appear- 
ance,  if  he  would  give  it. 

Ait.  Gen,  From  whom  had  you  that  durec- 
tion,  Mr.  Brome? 

Brotne.  From  the  attorney  Goodenongfa. 

L.  C.  J.  Now,  Mr.  Brome,  let  me  askyottft 
question  or  two :  how  long  had  you  been  ooro-' 
uer  before  ? 

Brome.  About  two  years  before,  or  there* 
abouts. 

L.  C.  J.  Had  you  ever  made  any  wamntf 
upon  writs  of  Capias  before? 

Brome.  Yes,  my  lord,  several. 

L.  C.  J.  Who  did  you  use  to  make  ^r 
warrants  to,  to  be  executed  ? 

Brmne,  T  never  keep  my  warrants ;  they 
that  execute  them  have  them. 

L.  C.  J.  But  answer  me,  To  whom  did  you 
make  them  ? 

Brouic,  To  one  ofthesherilTs  officers  com* 
inonly. 

L.'C.  J.  Then  I  ask  you,  upon  your  oatli* 
Mr.   Williams.  If  not,  u  hat  then?  Did  he  '  did  vou  before  this  time  ever  make  any  war< 

^« ^*l .1 * : t?!„       l..^.L_^         ^' ^1  ,.-ll U    i! . . 


use  any  other  ihrcatenings,  pray,  Sir,  but  that 
he  wo«ild  complain  to  the  court  ? 

Brome,  Mc  did  threaten  to  complain  of  me. 

Att,  Gen.  Vousay,  Sir,  he  threatened  you  ; 
what  aiiswor  did  you  make  to  him  ? 

Bromc,  1  did  not  use  to  execute  writs  myself, 
I  told  him  :  lUcreMj)oii  lit- did  pnipose  two  per- 
ikons  to  me,  Mr.  Kuelin«jr,  and  one  Mr.  Hur- 
Jeigh,  for  he  told  mn  thu  shcriifri  ctiiccrs  would 
not  do  it. 

Att.  Gen.  Pray,  Sir,  did  you  endeavour  to 
get  any  of  the  sherijls  oHjcers  lo  do  it  ? 

Bromc.  He  told  me  he  could  not  get  any  of 
them  to  do  it. 

Mr.  Ward,  Mr.  Brome,  what  did  rou  do  af- 
ter he  had  proposed  those  two  jMTSiinii  to  you  ;' 

Bromc.  Aiier  I  had  given  tlinse  w;Lirants 
to  the  officer  he  had  named,  I  told  hitn,  i  was 
willing  to  go  once  more  to  my  lord  mayor,  to 
see  if  I  could  get  an  ap]tearancc  of  hini  ^vlih- 
out  arresting  him  ;  so  I  waited  on  him  at  his 
house  at  Grocet's-hall,  but  found  him  then 
at  dinner ;  so  I  went  away,  and  canie  again 
about  four  o'ck>ck,  and  I  'first  spoke  to  i>ir« 


rantb  to  any  otluT  person,  till  such  time  as  you 
made  time  warrants  to  arrest  sir  Williara 
Pritchard  ? 

Bromc,  I  have  made  several  to  the  sheriib 
officers,  that  I  cannot  remember  now  particu- 
larl\\ 

L.  C.  J.  But  mind  my  question,  man,  and 
answer  me  diierliy ;  for  I  expect  yon  should 
answer  me  positi\cly  to  it.  Have  you  ever  at 
any  time  made  any  warrants  to  any  other  Imt 
the  sheriffs  oHieers  till  this  time  ? 

Brome,  1  cannot  remember  that  I  have. 

L.  C.  J,  How  then  came  you  at  Ru»el1i 
house  to  discourse  with  Mr.  Goodenongfa  about 
who  would  be  fit  to  execute  the  wnt,  when 
you  used  to  employ  the  sheriffs  officers,  and 
there  were  so  many  of  them  ;' 

Brome.  He  t<dd  me  he  could  get  no  one  of 
them  to  execute  it. 

L,  C.  J.  But  there  must  be  something  mort 
in  it  than  ordinary,  that  yon  and  Goodenougliv 
and  all  those  other  people,  ahoidd  come  to  niMi 
about  such  a  thing  as  this,  to  difioonrte  md 
consider  who  should  bo  fit  to  be  pot  intoa  i 


UX] 


tnlliM  t; 


STATE  TRIALS,  56  Charles  II.  i69*.—/or/alte  Arral. 


f34« 


upovi  a  Opiiu,  when  be- 
'  j->  make  it  lo  thoet*  that 


;i»-Ti  til  .  ..^   ,.  .-,....._  ..... 

I  Im  iKMniaalc'., i  ,..*.^^  i i,.v  ^.,.01- 

it. 
X.  C»  X  Then  iftu'  t»p,  if  you  ean,  any  one 
r  1  Vrtii  litre  taken  the 

I  «r  til.  ^ ,  Vhoce  uame  lo  [lut 

V*-«,  tny  InnI,  I  can. 
L,  C  J*    U«  tlleii,  let's  hear  it,  wUeii  ivas 


Bf^ 


1  dM 


mnj<  iru 


I  came 

iji   v^iinin    to   put 


r 


JL  C  J.  Uf--*  .<;r..,.^ ;.....  Ji,j  he  gtfu  you  ? 
J^*»#.  Hr  tiejt  in  writinjj. 

JCanfii^*  fiifrr,  mv  turd. 
£  C  /*  %Vhat  was  the  meaning  of  that 
«ivl  thai  was  oi»pti  l»y  yo»»»  '  *'»»*  t^ie  party 
fo  laf^rTf  if  vou  did  not  ariik^t  my  l»i  d 
'  Ibr  that  is  "it,  wbieb  makc?s  me  so  in- 
tiklA  thiK  uiatter,  tiuw  these  people 


M«aaitt«u  I 


lit  to  ft r rest 
u'tefi  it :  how 


^y  i5on«Hcr  witlj  yourself, 

I  rwrr.  ir*^^^    ^ir     P       *     .  *    m    you  ivere 

to  I 

you     -..r    ,.M*  .,,,1 

fj^U  lo  be  drawn  in,  unrt  eui^iiged  to 
^kf^Eerling,   I  wtU  tell  >  ou,  u»y  l<>riL 
LC^J.    Ay,  and  tell  us  what  number  of 

m  about  thirty  Or  lorty. 
1  '>  ttiie  attutiij;' them  f 

Xa&«^.    lit£  wa«  there  same  part  of  the 

L  C^  X  Wrll,  what  was  the  ixason  that  you 
k99ll|ei^gt3<i  ahout  thi«  thiiiir? 
I    vrrtit 
[r,  Bremer 
MilaHiLlf 
lime. 
1  caxD^  t 
warraoi 


1  came 

:iy  ;in 

con- 

i .  that, 

>  ,,.,-.„  4.jsierte<t 

.  '  fioroner,  to  ar- 

1  loril  mayor.    I 

»uccrnctl  iu  any 

.  ly  unwilitug'  to 

tr.     Kays  Ulr.  Good- 

11,  Vou  wiJi  diiiobli^L' 

m^'  ;  ilu  not  doit. 

I  Ir.  Hrom<^  io  the  company 

•Wm  L.c->icrirHj^ii  e^^iid  mo  to  you  ? 

lic^M^.  1  know  nut  tJiat  truly,  hut  he  waa 
liii^  is  ibir  rompany . 
L  C*  /  IJuw  many  were  (here  in  the  roofn  ? 
XtWm^.  Ahoiit  twenty^  or  more,  a«  near  aa 
ftaareMpber. 

L  C.  /.    Y«»fi,  Brome,  did  you  ever,  when 

|IB  fVBiv««l  a  writ  to  iirn^si  n  maji»  4ud  were 

Hl^aa  iAiifurit    >j(trai   it^  <-all   a    coiiJtult  of 

••ilyot  In  it^  before  thia  time  f 

Mfwtm.  iiow. 

LCJ,^  ^M>^  ii»>  »-kdi-a-day  thou  wertoi 


innocent  in  all  this  matter  m  a  iniekmg'  chilif. 

Mr.  Wiftiams.  Was  Mr.  Papillon  in  the 
comfMiny,  Mr.  Keeling^  ? 

Keeihii^.  No,  he  was  not. 

Ati.  den.  Mr.  Brorne^  pray  answer  me; 
when  you  had  my  lord  mayoriu  your  custody, 
how€!arac  you  to  discbarjre  him  out  of  aistf>dy  f 

Brome,  1  was  taken  into  custody  mywif. 

Mr.  Ward,  Did  my  lord  mayor  give  an  ap- 
pearance ? 

Brome,  I  waa  committed  to  die  compter 
my  Stir'. 

Mr*  Willuiwi.  Were  you  by  when  it  waa 
agreed  that  my  lord  would  give  an  appear- 
ance '<* 

Br^me,  I  believe  not ;  it  was  allenvards  ai 
1  have  heai*d« 

L.  C.  J.  A-lack-a-day,  it  went  stnmg'ely 
a^ioiit  Mr.  Brome*s  stoiuach,  all  ibis  diiK  *( 
know  it  very  well  he  had  no  tuitid  to  it  at  all, 

Alt,  Gen,  Mr.  Recliiij^,  did  you  hear  any 
discourse  between  the  iweiily'  or  llitrty  that 
were  in  that  company  about  thii»  Utsiuess  ? 

KecHng.  1  cannot  say  who  in  particular  dis* 
coursed  of  it^  or  what  was  said. 

SoL  Gen,  Wuh  it  discoursed  of  in  the  whole 
cdmi»any  ? 

Keeling.  There  was  some  diicourse  about  it 
in  thecompany- 

L.  C.  J.  Y^o'u,  Brome,  were  you  ever  ac» 
fjuainted  with  Keeling  liefore  ? 

Bnmie.  I  hnd  the  misfortune^  my  lord,  to  be 
concerned  uith  him  about  some  coal- works. 

L.  C.  J,  Did  you  know  that  Mr.  Burldgh 
before,  that  was  tlie  other  hailiff? 

Brume.  I  knew  him  by  sight ;  1  had  no  g^reat 
acquaintance  with  him/ 

L.  C.  J,  Pniy  where  lived  Keeling  ? 

Brome,  At  ifasl-Smithlield. 

L.  C,  J.  And  where  lived  Burleig'h? 

Brmne.    Truly,  mv   lord,    1  know  not 
think  at  the  other  eiu)  of  the  town. 

X.  C  J.  But  prithee,  how  vnmv  you  to  joiil 
these  two  peojde  lOK^cther  m  ilns  bu!iine<i«  ; 
the  one  from  \Viipping,  the  other  from  Weit- 
minsler  ? 

Brortte.  Where  the  shtri^Bi  were  coucerned* 
as  they  were  in  this  mutter,  and  tl^^refore  it 
came  to  me,  I  thought  it  not  bu  proper  to 
pitch  upon  the  sheriffs  officers,  uor  wouhl  I  bey 
do  it,  as  he  lotd  me ;  and  especially  it  beingf 
to  arrest  my  lord  mayor,  1  did  not  thmk  proper' 
to  employ  any  one  that  Ibetl  iu  the  city* 

L.  C.J.  But  there  were  abundunce  of  peo- 

Ele  that  were  not  citizens,  that  w  ere  nearer  at 
and,  and  nearer  together,  and  liit-er  for  such  a 
purpose  than  a  tvarfcsruan  ft:irlied  ont  of  th« 
east,  and  I  know  not  who  out  of  the  west,  to 
arrest  a  man  :  there  must  be  some  utlicr  mean* 
lag  in  it, 

Bromc,  1  £rave  them  the  nomination,  as  1 
used  to  do  in  like  cases. 

X,  C  J.  Upon  your  oath.  Sir,  waa  it  you  or 
the  attorney  that  namcti  these  per-sona  ? 

Brome.  He  told  uie  he  could  tf«t  none  of 
the  sheriflH  officers  to  do  it ;  and  I  did  n«it 
think  it  indeod  proper  for  any  of  ihooi. 


^ 


3i3]      STATE  TRIALS,  36  Charlss  IL  l6^4^PrU€Urd  9.  PttpObUs       [SM 

liis  attorney ;  how  he  dioold  oaurj  oa  lhi» 
matter. 

Mr.  Cornish,  My  lord.  That  which  I-^articii* 
Urly  reniember,  I  shall  fully  and  verv  faith* 
fully  declare.  1  was  with  Mr.  Papillon  'Vjod 
Mr.  Dubois,  at  my  house.  The  occasion  of 
their  comings  thither,  I  knew  Dot,  nor  did  esped 
either  of  them  there;  I  myself  cametroM 
Guild- U all,  either  from  a  court  of  aklennen,  or 
from  a  committee ;  and  when  I  came  home,  I 
founil  them  there.  We  had  not  been  many 
minuttis  together,  hut  in  comes  Mr.  Gooo- 
enough  the  attorney ;  and  he  api>Ued  himseif 
particularly  to  31  r.  Vapillon  and  31  r.  Dubois 
to  receive  their  oi*ders  v»  hat  lie  should  do  ;  for 
he  said  the  time  was  almost  spent,  and  he  bad 
addrci^sed  himself  from  time  to  time  to  my  k>nl 
mayor,  and  some  of  tlie  aldermen,  to  get  Uieia 
to  appear,  but  they  would  not.  They  told  hira 
then,  chey  had  j^iveu  him  what  orders  they  bad 
to  give  Imn  ulready ;  that  it  was  tit  the  mailer 
should  be  brought  to  some  trial  or  issue,  tbftt 
there  might  be  an  end  of  it.  He  pressed  them 
then  earnestly  to  know  what  he  shoidd  dot 
Said  they.  Yon  are  to  desire  an  appearanot  l» 
the  action,  and  if  he  will  ^ive  it,  take  it,  and  n- 
member  my  lord  mayor  is  the  chief  magiitrtli 
of  the  city  ;  and  pray,  cai-vy  it  wilh  all  ntftti^ 
and  regard  imaginable  to  him. 

Mr.  IVilliums.   You  say,  Sir,  they  M  ' ' 


L.  C.  J.  And  why,  good  Sir  ? 

£rome.  I  did  tliirik  so,  truly*  my  lord. 

X.  C.  J.  Why.^  Wiiy  ?  VVhai  reason  had 
you  for  it  r* 

Brome,  It  was  reasonable,  as  I  apprehend, 
my  lord,  for  me  to  think  so,  it  being  in  a 
matter  wherein  the  sherifl's  were  so  much  con- 
cerned. 

Sol.  Gen.  Bat  did  you  propose  it,  or  any 
one  else  in  the  company,  upon  your  oath  ?  and 
who  was  it  ? 

Brome.  The  attorney  nam^^l  them. 

Com.  Oerj.  It  seems  here  were  a  great  many 
pci'sons  met  at  Russel's  about  tliis  business.  I 
desire,  my  lord,  tbat  Mr.  Brome  may  name  as 
many  of  them,  as  he  can,  that  were  there. 

L.  C.  J.  Ay,  as  near  as  you  can,  name  the 
twenty  or  thirty  persons  that  were  there ;  for 
you  living  in  the  city,  and  having  an  acquaint- 
nnce  among  that  sfirt  of  people,  must  needs 
know  most  of  them. 

Brome.  Why,  my  lord,  there  were  both  the 
Goodfuoughs,  and  Mr.  Nelthorp,  and  who  in 
particular  else,  Icanuot  well  remember. 

L.  C.  J.  Yes,  yes,  I  am  sure  you  can  tell 
more  of  them. 

Brome.  My  lord,  1  cannot  sucar  that  I  re- 
member any  oUier  in  particular. 

Com.  Serj.  It  seoms  he  has  named  some  of 
those  that  are  in  the  proclamation;  pray,  Sir, 
do  you  remember  any  otbers  were  there,  that 
were  in  the  proclamation  ? 

Brome.  I  do  noi  remember  any  other  of 
those  in  the  proclamation  were  there. 

At.L  Gtn.  Can  you  remember  any  that  were 
not  in  the  proclamation  ? 

Brome.  There  were  several  people  that  I 
knew  by  sight ;  but  I  caunot  remember  their 
names. 

L.  C.  J.  Nay,  nay,  pray  open  your  eyes  a 
little,  and  recollect  your  memory,  and  tell  us 
who  were  tlieix* ;   \  know  \ on  cau  <lo  it. 

Bvome.  Mv  loiJ,  thcieVeiT  many  citizens 
that  1  knew  by  sigiit ;  but  had  no  particular 
acquaintance  with  iLcm. 

So!.  Gen.  Did  you  know  a;iy  of  the  com- 
pauy  bosidrs  thti  Goodeikough>,  and  Keeling 
•nd'.Nellhurp  ? 

Brome.  1  had  litile  acr|uaiiitauce  with  him. 

»Sc)/.  Gtn.  How  come  you  to  rcmembLr  him 
60  particularly  :' 

Brome.  I  verily  believe  he  was  there. 

11  con/ir.     \\'«s  Mr.  West  tlicre  ? 

Broine.  I  cannot  positively  sny  whciher  he 
was  or  not. 

Mr.  Williams.  Swear  Mr.  Cornish  then. 
[Which  was  done] 

L.  C.  J.  You,  IJroino,  was  Mr.  Curnish 
there!' — Brome.  Not  that  I  kuowof. 

Alt.  Gen.  It  is  ^trunge  we  cannot  l^rn  who 
those  persons  were  that  met  there. 

L.  C.  J.  Oh  those  fellows  have  »tratige  me- 
mories for  their  purposes.  Weil,  what  do  you 
call  him  for  ? 

Mr.  Ward.  My  lord,  we  call  Mr.  C^omish  to 
give  an  account  w-hat  he  knows  of  this  matter ; 
what  diructions  were  giren  by  the  plaintiff  to 


to  take  an  ap|»iarance,  if  he  could  ^et  it  t 

3Ir.  Cornish.  Yes,  and  they  dedar^l,  thil 
their  design  was  only  to  brings  it  to  aD  i«Qiil» 
be  tried,  and  tliey  would  not  inoatuponaoj 
thing  but  an  appearance,  if  it  might  be  omI. 

L.  C.  J.  ^Vonderful  careful  and  ctvil  Atf 
were,  no  doubt  of  it. 

Mr.  Corni>.'i.  Thb  h  the  truth,  and  the  wliolc 
of  the  iruth,  that  I  know  of,  relatiog  to  Ifcis 
matter. 

L.  C.  J.  Mr.  Cornish,  you  speak  ef  aome  of 
the  aldermen,  that  he  said  he  had  been  with: 
wliat  uMeinien  were  those  ? 

Mr.  Cor}tioh.  There  were  several  cif  thwiy 
that  he  saivl  he  had  writs  ai^nst. 

L.  C.  J.  Yon  were  an  addennanthen;  pity 
had  he  any  writ  gainst  you  ? 

Mr.  Corjiish.  I  know  not  whether  be  had  M 
no. 

L.  C.J.  But  he  (Ud  not  require  an  •ppcU'* 
anceofYOU,  I  suppcjse? 

Mr.  Cornish  If  he  had,  I  mnst  have  takfli 
notice  of  it  to  defend  myself  as  wtdl  at  I 
could. 

L.  C.  J.  Ay,  no  question  but  you  wobI^i 
but  wen?  you  askinl  tiir  an  apneorance,  or  no? 

Mr.  Cornish.  I  was  told  1  should  be  Mcd 
among  tlie  rt^t. 

J..  C.  J.  But  was  there  any  writ  ahewn  to 
you? 

Mr.  Cornish.  No,  my  Lord. 

L.  C.  J.  Then  pray  let  me  ask  you  a  quel- 
tion  or  two.  Did  you  ever  know  any  mtm 
before  bring  an  action,  or  sue  to  be  sberif 
of  London?  You  have  been  sheriff  yvtumHi 
we  know. 

Mr.  Comiik.  This  wm  a  matter  thatM 


»J 


STATE  TSIAIA  S6CBAttBS  II.  l6%*.—/or  fal»  Amtt. 


[S4» 


Im  BUdi  duputed  in  tbedtjr;  tndaqaes- 

tMohaii  been  depcDding  upoa  it,  whether  the 

^|fat  wu  to  my  lord  mayor,  or  in  the  iherifrs. 

L.  C.  J.  But  the  ouestion  of  right  between 

Kkid  mayor  and  soenfla,  what  was  that  to 
.  Papillon  ?  Did  you  erer  know  a  man  bring 
m  action,  or  sue  to  be  sheriff? 

Hr.  CamuJL  Truly,  he  thai  experienoeth 
At  troufaie  ol'  it,  will,  1  believe,  never  be  de- 
■mtofit. 

L.C.J.  But  that  iff  no  answer  to  my  ques- 
Mi,  answer  me  directly  :  did  you  ever  know 
■f  lach  thing  before  ? 

Mr.  iZomixh,  1  never  did  hear  of  any  such 
telkaowof. 

L  C.  /.  llow  then  came  Mr.  Pa{nlion  so 
Aioiialy  to  desire  it? 

.  Mr.  CemuA.  I  cannot  answer ;  what  his 
■■0B8  were,  I  know  not. 

Mr.  WilUuim,  It  waa  an  action  to  determine 
iifMtioD  tbmt  was  at  that  time  so  much  li- 
%MiBd  in  the  city  of  I.<onflon. 

Mu  Gem.  Mr.  Cornish,  pray,  will  you  an- 
wm  -mm  one  thing ;  were  you  never  in  no 
snpa^  vkerein  it  was  aj|[reed  tiiis  suit  should 
lilnariit  and  carried  on  m  their  names  ? 

■r.  CamtsA.  Mr.  Attorney- General,  1  never 
wHad  ar  managed  it. 

JU.  Gen.  Did  you  never  hear  it  was  so 

Hi-GmuA.  It  is  knotvn  to  tlioosands,  as 
■tikMlfaiow  oi'it ;  the  matter  was  disputed 
if  ail  OMpanies  in  the  city. 

Ml  Gem.  But  jou  do  not  answer  to  my 
yatia ;  were  you  ever  in  any  company  when 
•Miamed  that  so  it  should  be? 

Mr.  Ctrnith.  Sir,  I  tell  you  as  well  as  I  can, 
Atnnaer  that  was  to  be  disjiiited  by  that  ac- 
ting was  the  general  discourse  of  all  societies 
if  flMa  whatever  iu  the  city  at  that  time. 

I^C,  J.  It  Is  a  strange  thing,  that  one  can- 
Ml  girt  a  direct  answer  from  these  |)<H)pie,  to 
W^  lUag  one  asks  them ;  I  desire  to  know 
iW  thinr  nf  you,  Mr.  Cornish :  yuu  have 
hwwn  Mr.  J'aptUun,  the  defendant,  before  this 

Mr.  Cemish,  Yes,  my  lord,  1  have  known 
!!■  aaveraJ  years. 

£.  C.  J.  Was  he  ever  chosen  shcrilfof  Lon- 
iM  before? 

Mr.  Carmish.  Yes,  my  lord,  I  suppose  he  was. 

L,  C.  J.  How  chaxHie  he  did  not  hold  then ? 

Mr.  Carnith,  I  have  heaid  he  fined,  ns  was 
MBmon  and  usual,  when  pei-snus*  occasions 
vaaU  not  permit  them  to  attend  ihe  ser\  Ice  of 
Aa  place. 

Im  C  J.  He  did  M>,  it  is  known  to  thousands, 
Myaa  say,  that  he  did.  Mow,  pray,  let  me 
Mk  yoo  auotlier  question  :  was  Mr.  Bethel  ever 
"*  i  aberiff  befure  th;*!  time  you  and  he  were 
s  together  ? 
,  Conuik,    I  do  not  know  tliat  he  was 


-J^CJ.  How  is  that? 

.  Ci0muk  My  lord,  1  do  not  understand 
~~  If  y  or  else  I  know  nothing 


L.  C.  J.  How,  did  yon  never  hear  of  that 
before  ?  For,  Mr.  Cornish,  1  do  not  speak  of  a 
thing  that  nobody  knows ;  alas,  thousands,  and 
ten  thousands  of  people  know  that  too. 

Mr.  Cornish,  My  lord,  upon  my  oath,  I  de 
not  know  that  ever  he  was. 

L,  C.  J.  Did  you  ever  hear  it  7 

Mr.  Contiih.  I  do  not  know  that  ever  I  did* 

X.  C.  /.    Did  you  never  hear  that  Air.  Be<r 
Ihel  swore  himself  off,  as  they  call  it?    Yoor' 
know  what  I  mean. 

Mr.  Cornish,  I  do  not  remember  any  tbioff 
of  it.  ^ 

L.  C.  J.  Nay,  nay,  it  is  to  the  matter,  I  as<» 
sure  you,  Mr.  Cornish,  whatever  you  think  of 
it.  I  ask  you  then  another  question,  that  lief 
something  nearer  your  memory :  lipon  your 
oath,  when  you  two  were  elected  upon  Mid* 
summer- day,  was  not  that  election  vacated, 
and  you  chosen  again  within  a  wed(,  or  soma 
little  time  after?  And  was  it  not  because  you 
had  not  takon  the  sacrament,  and  tlie  corpora- 
tion-oath? 

Mr.  Cornish.  My  lord,  1  do  remember  tbert 
was  a  second  election. 

L.  C.  J.  And  we  remember  it  too  w^ 
enough. 

Mv,  Cornish.  That  war  so  btdy,  that  any 
citizen  of  London,  or  any  one  that  lived  her^ 
may  remember  the  passages  of  those  times. 

L.  C.  J.  And  you  have  as  much  cause  tP 
remember  it  as  any  man,  I  assure  you,  for  se- 
veral reasons  that  1  know. 

Mr.  Cornish.  My  lord,  I  think  I  haye  reaaon 
to  remember  it. 

L.  C.  J.  Lest  you  should  forget  it,  I  will 
enlitrhten  you  and  refresh  your  memory  a  lit- 
tle :  I  ask  you  again,  u[K)n  your  oath,  was  not 
your  firsi  eJeciion  s(-t  aside,  because  you  had 
not  taken  tiie  oaths  and  the  sacrament? 

Mr.  Cornish.  There  w  ere  two  clectioni,  my 
lord,  I  say,  I  do  reiDcniber. 

L.  C.  J.  Sir,  do  not  prevaricate  with  me ;  I 
expert  a  ]K)sitive  ani^wer :  Was  not  that  the 
rcusoii,  upon  yuiir  oatli  ? 

Mr.  Cornish.  1  cannot  say  that  was  the  po- 
sitive reason. 

L.  C.  J.  Then  1  ask  you  upon  your  oath, 
hud  you  taken  the  oalhs  and  the  sacrament,  as 
the  law  requires? 

Mr.  Cornish.  My  lord,  Mr.  Bethel  was  a 
stranger  to  me,  I  did  not  know  him  before  tliat 
time. 

L.  C.  J.  Gentlemen,  men  must  not  think  to 
dance  in  a  net,  and  blind  all  the  win-ld.  As  to 
mv  own  self,  I  know  these  things  very  well, 
without  any  of  their  assistance,  and  1  only  ask 
these  things  by  the  by,  to  let  the  world  l>e  sa- 
tisfied what  sort  of  men  these  are,  that  pretend 
to  sainti-'hip ;  and  yet,  you  sec,  one  can  hardly 
^ct  one  word  of  truth  out  of  them  :  let  the  law, 
m  God's  name,  take  place,  and  let  every  man 
prosecute  bis  legal  actions ;  but  when,  under 
the  umbrage  and  countnmnce  of  bw,  men  shall 
desire  to  put  themselves  into  offices,  and  places 
of  trust,  on  purpose  to  disturb  the  goverot* 
ment ;  do  you  think  the  govcmment  will  ever 


347]        STATE  TRIALS,  36  Charles  II.  iGSi.-^PrUehard  r.  Papillim,      \3» 


suffer  itself  to  be  snivelled  at,  and  overthrown 
by  a  oomiMmy  of  luch  wbinine  feUows  ?  Let 
tnem  bias  and  bum,  and  make  a  noise  and 
ado  as  they  will;  thanks  be  to  God,  it  is  not 
that  time  of  day  now :  such  thin^  have  passed 
too  much  uncontrooled  in  the  bwly  of  this  city 
heretofore.  ^Vhat,  grentlemen,  are  yon  baf- 
fling the  law  witli  such  pretences  as  these, 
now-a-days,  and  do  you  think  to  sham  people 
into  offices  ?  No,  I  tell  you,  villany  was  the 
foundation  of  it,  and  knavery  the  superstruc- 
ture; and  it  is  high  time  it  snould  be  told  out, 
since  I  hear  people  begin  to  doubt  of  it  as  a 
question. 

Mr.  Watii.  Where  is  Mr.  Serjeant  ?  Swear 
him.    [Which  was  done.] 

X.  C.  J.  Do  not  I  know,  as  sure  as  I  sit  in 
ibis  place,  that  Bethel  did  once  before  swear 
himself  off?  and  that  there  were  two  elections 
of  these  two  very  men  that  year  ?  and  that  one 
of  the  reasons  was,  because  tliey  had  not  taken 
the  oaths  and  the  sacrament  according  to  law? 
Nor  would  they  ever  have  done  it,  we  know 
them,  neither  Bethel,  nor  that  very  fellow  that 
stands  there,  Cornish,  neither,  till  they  found 
it  wouM  contribute  to  the  design  of  subverting 
the  government;  then  these  rascals  could  qua- 
lify themselves  for  an  office,  only  to  put  the 
kingdom  into  a  flame. 

Mr.  Cornish,  When  the  city  chose  me,  I 
had  good  reason  for  what  I  did. 

If.  C.  J.  Reason !  I  tell  you,  the  city  was 
in  great  happiness  and  quiet,  ever  since  the  late 
times  of  rebellion  and  confusion ;  every  one 
knew  his  duty  to  his  su|>ei'iors,  and  (lid  it 
chcarfully  and  conscientiously,  till  such  time 
as  a  couple  of  busy  lellows  came  to  get  into 
the  public  offices.  Let  the  whole  parly  go 
away  with  that  in  their  tooth,  and  chew  upon  it, 
if  they  will. 

Mr.  Williams.  Mr.  Serjeant,  will  you  please 
to  tell  iny  lord  and  the  jury,  what  directions 
you  heard  the  defendant,  JVIr.  Papillon,  give 
about  the  plaintitif,  how  they  shuuld  treat 
him? 

Mr.  Serjeant.  My  lordj  I  was  in  the  count- 
ing-house at  Mr.  Alderman  Cornish's  house, 
when  Mr.  Papiltou  and  Mr.  Dubois  were  there ; 
I  went  into  the  parlour  to  them,  and  Good- 
enough  coming  in,  they  fell  into  a  discourse 
about  this  nctiou,  that  was  brought  by  them 
against  sir  William  Pritcliard,  then  lord  mayor, 
and  some  of  the  aldermen  ;  and  Goodenough 
gave  them  an  account  how  far  he  had  pro- 
ceeded in  it ;  he  said,  he  could  not  get  any 
of  them  to  give  an  appearance,  and  the  time 
was  near  spent,  and  he  desired  to  know  of  them 
what  he  should  do.  Mr.  Papillon  and  Mr. 
Dubois  both  did  declare  to  him,  over  and  over 
again,  that  it  was  their  mind  only  to  liave  the 
matter  brought  to  a  fair  trial ;  and  they  charged 
him  to  look  to  it,  to  do  nothing  but  what  was 
legal,  and  carry  it  with  all  respect  imaginable 
to  my  lonl  mayor,  as  the  chief  magistrate  of 
the  city  ;  that  he  should  by  all  means  get  an 
«ppearance  from  him,  if  he  could,  and  get  the 
conmcr,  who  was  an  olficer  of  the  city,  to  go 


with  him,  and  cany  all  things  faiiiy  tad  df> 
centl3^ 

AtL  Gen.  Who  gave  these  diractjoos,  Sr^ 
do  you  say  ? 

Serjeant,  Mr.  Papillon  and  Mr.  I>iibQit» 
both  of  them  did. 

Mr.  Ward,  Now,  my  lord,  wc  shall  shew 
that  we  proceeded  so  far  in  the  action  as  to  de- 
clare ;  but  afterwards  apprehonding  ourselvcf 
to  be  under  a  mistake,  we  discontinued  our 
action. 

Mr.  Williams.  And  the  costs  upon  the  dii« 
continuance  were  received  by  my  lord  mayors 
attorney.  Here  is  the  declaratiou  as  it  wae 
filed. 

X.  C.  X  Ay,itmaybetherewasadedai*- 
tion  filed,  but  not  regularly. 

Mr;  Williams,  My  lord  mayor  after  ap- 
peared. 

L.  C.  J.  How  doth  that  appear  in  eri- 
dence?  For  the  coroner  says  he  himadf  wae 
in  custody,  and  knows  no  more  of  the 
afterwards. 

Mr.  Williams.    1  believe  yonr  lordship  i 
remember  there  were  many  motions        ^ 
court  about  this  matter,  on  the  one  i 
the  other,  and  at  leng^th  in  court  it  was  i 
mised,  and  my  lord  mayor  promised  to  gifeiB 
appearance. 

L.  C,  J.  Prove  what  you  can ;  prore  the 
appearance  entered,  and  declaration  reoeired. 

Mr.  Williams.  My  lord,  I  only  ofler  this  ■» 
an  evidence  of  an  appearance. 

L.C.  J.  A  record,  I  know,  is  a  good  and 
fair  evidence,  shew  that  if  you  can. 

Mr.  WariL  It  is  not  usual  to  declare  tSltfit 
defeudant  appears. 

L.  C.  J.  A  declaration  may  well  be  npoo 
an  appearance  ;  but  because  it  cannot  be  good 
without  an  appearance,  therefore  it  cannot  hn 
a  sufficient  evidence  of  it. 

Mr.  Ward.  We  will  prove  the  costs  of  the 
discontinuance  paid  and  accepted.  Swear  Blr» 
Baker.  [Which  was  done.]  What  do  yoa 
know.  Sir,  of  any  costs  that  were  taxed  and 
paid  ibr  a  discontinuance  in  this  case  P 

Baker.  My  lord,  Mr.  Aston  told  roe,  he 
appeared  for  sir  William  Pritchard,  then  lord 
mayor,  and  had  a  declaration  trom  the  noir 
defendant's  attorney  :  so  1  entered  up  a  diaooa* 
tinuance,  and  naia  the  costs,  and  have  Mr. 
Aston 's  receipt  for  them. 

L.  C.  J.   He  says  well.    Go  on  then. 

Mr.  WiUiums.  Aly  lord,  it  is  a  thing  that 
hath  frequently  happened,  that  after  a  man  has 
brought  an  action  against  another,  he  finds  he 
was  mistaken,  and  hath  no  cause  of  action,  and 
thereupon  reUiK^uisheth  his  suit :  but  sure  that 
will  not  make  him  hableto  a  suit. 

L.  C.  J.  Well,  pray  go  on  with  your  evi- 
dence. 

Mr.  Ward.  My  lord,  wc  are  not  now  ofleruif 
to  try  the  right  of  election,  though  th^  naUy 
was  the  foundation  of  the  action  that  wehroogfatt 
but  we  apprehended  that  queation  to  be  delsr- 
mined,  and  we  acquiesced  in  it,  when  that  trial  ■ 
was  over.    Now,  my  lord,  we  shall  dwifi  IM 


STATE  TRIALS.  56CHABLt»lL  iCU.—f^r  faUe  Arr€$t 
J  ooreHtrc  rritUy  chosen »  we  diil 

liveiifi  to  ibf  t  mlfJernien;  arid 

i^mn  n  m  retitni  mude.     1  pnty  lU^se  may.  be 

Tlia  Ksafl&mus  fttiil  lleium  ncre  read. 

Mr.  WiUUm.   Then  that  which  we  shall 
f  is  lb«  grouiids  fttid  reasons  why  we 
return  wa«  ftit'^*-,  :mrl  thereupon 
ictKKi.     \\^  v^  |l(at  at  a 

bttUtbeid  f<>r  til-  of  sheriffs, 

fc  MSMi^fil  Wi«  in  riommattiiti,  and  had  a 
ma  i>unib«-r  nf  hands  and  voices  for  liim. 
P«T,  ca!'      '  iftert  NeUon»  Mr,  William 

WiylilMsi'  l^mnrd  Hatiinson.  [Who 

Mr*  Warii.  n*  pray  wereyoQ  &1 

^C«mot«i  Hall   v>ir  tricction  of  sheriffs,  in 

Arfam,  I  wss  at  the  Comfnoa  Hall  in  June, 
Mtif  *m  Bli^suiumer-day . 

Mr<  Witlimmi.  Pray,  Sir,  will  you  tell  us  who 
mn  thai  m  Dommatiot],  and  how  they  did 

Xrhfm.  Ttiere  were  m  tiomiDation  for 
iMfii,  he  that  It  now  sir  Diidley  North,  then 
llr  Biacil^  Mr,  Box,  Mr.  PaptUoti,  and  Mr. 


lie.  Wmd.  Ptay,  8hr,  who  had  the  majority 

1  dill  tee  the  |x>ll  books  after  they 

Iff.  IfiUMjm,  Bat  did  you  observe  the  hohl- 
twithm  hxnd%? 


■Mil    t»  ' 


MinsT  op  of  the  hands, 
sheriffs  given  to  Mr. 


^  S^r,  upon  3'0tirvie\r, 
^  vere  there  many  hands 

iV  ^*^4  tliere  were  the  tno«t  hands 

Ivkivaad  Mr   Ouliois. 
Mr.  Wi^^,  What  «nr  yt^u  then  to  the  sum- 
of  the  poll*  books,  that  yoti  s^ioke 


Mr.  Ward. 


I  «lid  see  the  books  afl&r  they  were 
Was  there  a^reat  number  for 


Xdum*  Yca^  there  was  the  ^^rratest. 

G^  Strj,  H  hat  books  do  vott  mean,  Mr. 

NtiMm.  Tbe  hooka  in  the  f(heriff*fl  cuatxkdy, 


^-  Bat  did  y<»u  h^-* 

Thai  was  in»oii  ihr 

Mr.  ITor^.    Then   which 

■ttf 

Kf    ITard 


is  Mr. '  Wight- 


ent  at  thtj  corn- 
eal? 
J  the  dec- 


Mr  mmmm. 


Wtfo  y«a  at  the  Gonxuan* 

day,  168'^  ? 


I  uuiiol  lay  that|  Sir. 


[850 

Mr.  Wttrd.  Then  what  is  it  you  can  say  la 
this  matter  b  question  ?    Did  you  lake  any 

[Hill  ? 

Wight tnun.  I  did  take  the  pott  in  one  of  the 
books* 

Mr.  Witliamt,  Was  there  any  number  for 
Mr.  Pa|iiHon? 

?*''■' ^-  Tliere  were  2100  and  odd  for 

P;i  Dubois. 

sfm .  WTio  were  i  n  nomination >  sir  T 
VV  '  '  <•  perRons  polled  for  ? 

1  .  Sir  Dudley  North,  Mr.  PapiUon, 

Mr.  Ooliuis,  and  Mr.  Box. 

Mr.  Ward.  What  say  you,  Mr.  Robinson  ? 
Were  you  at  this  common-hall,  in  l©d9  ? 

liabtiison.  Yes,  I  was. 

Mr.  H't7^»i5.  Who  were  named  to  be  shenffs 
then? 

Robinson.  Mr.  North,  now  sir  Dudley  North, 
Mr  Riilph  Box,  Mr.  Thomas  Papillou,  and  Mr. 
John  Dubois,  ihey  four. 

IVlr.  WUhamL  What  number  had  Mr.  Pa- 
pi  I  Ion  for  him  ? 

Hobinwn^  I  never  saw  the  poll. 

Mr.  Ward.  But  upon  the  view  in  the  hall, 
in  vour  opinion,  did  you  look  upon  it  as  a  doubl« 
fuf  case  which  was  elected  ? 

Uobins&n.  By  the  hands,  I  judged  the  ma* 
jority  was  murh.  more  for  Bin  Pap il Ion  ami 
Mr,  Dubois^  than  for  the  other  two. 

Mr-  WUiitvns^  So  you  think  in  your  jadg- 
meni  ? 

Rifbinion,  Upon  my  oath,  that  wai  my  opi- 
nion. 

Mr.  Willionti.  Well,  my  lord,  We  mmt  rest 
it  here,  unless  they  give  us  further  occasion. 

Aft.  Gvn.  You  say  the  majority  was  for 
Papillon,  and  Dubois :  pray  was  the  election 
declared  at  that  time  by  the  mayor  and  alder- 
men, or  WAS  there  a  \^o\\  demanded  ? 

Ralfinson.  Mr.  Aitomey,  iirst  the  question 
was  put  for  the  persons,  then  tlie  slieritfs  de- 
clared their  opinion,  and  a  poll  was  demanded, 
and  a  poll  was  ^antetl,  and  the  sheriffs  went 
with  tbe  common  wrgtianl  up  to  tl»e  court  of 
aldermen,  and  acquainted  them  with  it ;  and 
thru  they  otl  eurne  down  agttin^  aod  declared 
that  there  should  be  a  ptdL 

Soi,  Gvn.  Who  were  the aheiiffs  then,  pray 
Sir? 

RoUnion,  Mr.  Alderman  Pilkinfrton,  and 
Mr.  Humuel  Hbute  ;  and  in  tlie  evening,  after 
the  i>oll  mi-*li^^^'*i  lit.*  books  were  o umbered 
up,  th*  nvn  upon  the  liu^ting*, 

anri  d  rs  ;  and  then,  as  I  re- 

-,  the  uumhei-s  declared  for  Mr.  PapiU 
Dubois  was  above  2iXK),  and  the  nuro- 
hi,;  ti«-c)ared fur  the  other  two,  was  some hun* 
drcds  under  20U0, 

Mr.  Wurd,  My  lord,  we  leave  it  here-, 
L.  CX  Will  you,  thai  are  for  the  plaintiff; 
say  any  thing  more  to  it  ? 

An.  Gev.  Yes ^  my  lord,  we  hare  mora  evi- 
dence to  bring:  io  answer  to  what  they  ba?# 
brought  here.  My  lord,  that  vthichthey  would 
excuse  themselves  by,  is,  that  there  was  a  pro* 
batde  cause  >  but  that  will  fkil  them,  if  it  ba 


551]        STATE  TRIALS,  36  Chaklis  IL  l6S4.— PnteAtfrrf  r.  Papiiim, 


l%vt  obscn^ed  tth&t  t!olh  appear  upon  their  ofiro 
tuimee.     It  is  true,  wljcic  a  man  hatli  a  pro- 
i  riifht^  he  raaj  sue*    Hut  this  maitir  (lere 
Dlend^d  for,  waa  oerer  !Ucb  a  right  as  a  man 
ay  iue  fan     No  man  can  t  ver  thew,  that 
*  tbe  vhrievalty^  an  office  of  burden »  an  of. 
e  of  (razajd,  and  an  office  of  charge  and  cx- 
Doe,  cnv  ui&n  did  erer  sne,  so  little  grounil 
rremoti'bad  tliejr  to  bring  this  action  tor  tbi& 
And  then  ibr  their   titk  to  the  office, 
0iat  win  appear  but  very  weak.     They  pre- 
Ittaad  tJiat  my  lord  mayor  and  atdernien  could 
Mot  tr\  ilie'riy^ht  who  wat  elected  tjtily  and 
Iti^htftiily,  and  tliey  bring  (hh  action  to  try  it, 
Liud  then  tliey  produce  ^ome  of  the  racu  that 
rilcld  up  their liandiij,  and  in  their  opinion!,  ^cn- 
||)ecnt'n«  they  fay,  the  eUciion  lell  upon  Papil- 
llon  and  Dubois.  Hut,  ^rentlcmen,  that  my  lord 
r^ill  U^U  ynu  is  nothing  at  ail  of  title,  but  a  poll 
yw  demanded,  and  by  that  it  must  lie  decrdrd. 
Then  one  of  their  wittiesscs  tells  yon  a  story  of 
r bat  the  abcrifl'a  did  upon' the' ^Ih  hut  u\\ 
"bat  is  nothing  too.     For  we  tell  you,  and  shall 
prove  it*  that  thoee  ^hcrifts  did,"  in  a  riotouis 
t||ciantter,  assume  and  take  upon  I h empires  the 
supreme  gfovei  nmtnt  of  the  City,  and  woiiM 
hntc  excluded  my  lord  may ^r from  it*     But  all 
their  procecdin^^   and  dit  that  they   call  ti 
poll,   \f(^H  voi(K  itm!  can  make  no  title  to  any 
tliuig  at  all.     It  was  a  ban*  dispute  of  a  fuctioim 
party,  to  snbveit  the  orderly  governnii  iJ  r.f 
ihe  city.     I'litne  was  no  probability  of  title 
or  n^itt  could  l>e  g:aia©d  by  it     For  the  chief 
laaipsti'ate  ot  tl»e  city,  for  the  timeU'ii:^.  *  w  r 
did  direct  the  poll, 'and   all  the  pi 
upon    fdectiwu    of   olliccrs*      And    \  ,i 
iHd  so  iu  ibis  ca»e,  we  nhall  proieto  ytm  iij^re 
was  not  any  considerable  number  (tJta;  i^^  not 
Iwent^  men)  to  ^i»e  any  prctetice  of  title  to 
thisgcullenian,  that  thus  «ued  for  this  (diicc. 
Hut  uidecd  iu  that  UiOat  riotous  assembly  one 
ol'  them  that  ever  was,  they  do  pi'etend  to  lie 
e)e<;ted  ;  but  we  :>hull  hhas^  that  for  that  riotous 
aascmhly  they  were  com itcttnl  here  as  rioters 
upon  an  infoimntiou,  and  fined  to  the  klnig;  for 
it.     And  I  couhl  tell  them  of  a  like  case  of  an 
illegal  title;  a  man  ji^oelh  by  a  fiilse  oath   to 
g^  a  poi*?<>>siou  of  g-oods^  takes  out  a  capias, 
aitd  with  uti*crx,  ^etluj'^  ijitoa  house  to  ini-est 
the  party  I  he  th«/ii  eurric^  a\^ay  all  the  gX)od^ 
waA  U|ion  tlm  pu'c    ^     t^  would  set  up  a  pre- 
t^fte  of  title,     '  ^rmntion  ft»r  a 

riot,  he  was  sevii  tit,     Xn  Pa» 

|)lllon,  if  he  hntj  ibr  4  h^^  a  ufood 

title,  or  cau^  to  hii  i»,  he  w^ul,i 

liaieemployed  I  s  tu  Ij  or  ..i 

redded  in  it,     '•  t[  ^   u 

Hhuisttbut  31i.  vi.n-f.vi  .1      .  ,   >  inn 

not  live  within  the  city,  u ^  I  '  ;  .  i'  UL^to 
do  in  itj  till  brought  into  ofLr  ,Xr  tut,  ^4,^aun- 
Ctrument  of  Mr.  Bethel  in  hi«  acticms,  and  a 
gT»";jt  plotter  in  ttic  Liir  horrid  and  drradlul 
con^piriicy.     An  ^c,  how  h  it  ma- 

naged ?  Nat  by  i  -rl  of  wortliy  man  of 

ttie  robpg  or  ijTuve  citizetim,   but  by  a  cabal  of 
thiny  or  tiirty  riottfr?3,  tno^  of  them  in  the 
pr^afuatioQ  proicnbed  aatratlorf,   ao^  run 
4 


takal 


Mi 


did 


away  from  Justice  upon  the  di»* 
plot.     All  this  ^peaks  m:'—    "  1  tbe'i 
malice,  ihe  lliin^^  itself  <»  pn 

title  with  «o  little   or    ti      .         J.     Fn 
plainly  obfiene,  there  is  no  tiilc,  but  1 
ous  assembly  to  ground  their  pretence 
In  the  proKCCUtien  of  this  action  there  i 

order,  wh8t«#oeve"r  they  pretend,   for  to  ti 

apj*earance,  I  immn  by  tha»c  that  renlly  « 
at  the  bottom  of  the  desti^n.     For    the  Usi 
men  at  theconsnU  at  RussLra  did  not  tue^jj 
be  sure^  to  g^ive  ortlcr  for  an  appeiuance, 
they  had  other  work  to  do.     An  ap| 
would  h*»i  do  Uieir  work  :  for,  as  Mr, 
at  larifc  could  explain  it,  they  took  i 
tnnitic^  to  lise  :ind  make  a  mutiny^ 
advantnq:e  of  tli.    iti^iImU.  ^rKl  diM»f< 
brin^  about  ^  plot,     They 

care  tive-penr  ippeaaancc :  but  ml 

the  holdici^  were  up,  then  the  plot  w as  smAX^ 
ed,  and  tbrn  my  lord  may  gio  homc^  if  bt 
will,  (jcniltmen,  washairprove  what  1  havt 
opened  to  you ^  though  1  am  persuaded  not  \ 
of  you  but' know  it  as  well  aa;  1. 

Sif^  Gen.  Shew  the  records  of  Ihe  < 
tioD  ot  the  Hot, 

L.  C,  J,  Uotd,  Mr.  8oUciton  I  t«Q  yool 
fore  ham),  that  as  I  stopped  tl-       r 
I  lie  trial  for  the  riot  as  any 
the  ri^dit  ot  election,  or  as  any  «i  ,i  >^  1 1 
the  question  now  before  us  ;  so   I  i^u 
you  T>,  Hit.  r  *  filer  into  tlmt  tnntter. 
uf  liftment^  convict  ion  j  and  ftcnti 

I  1  rs,  makes  nothintf,  either  tot 

ieclion,  or  this  rif^ht  of  action. 
,  as  I   aaid  to  Mr.  Ward,  it  wm 
L.. ;(>;.(  lo  the  purpose  to  mention  it  on  thai  i 
^  •  it  IS  to  no  purpose,  I  mrrst  toll  you,  lai 
!»oo  it  on  the  other  sifk?.     V<fT  it  was  H 
\  mination  of  the  point  of  rirrht  one  way  < 
And  he  could  not  g-ivc  it  in  evidence,  i 
was  a  litigation  ot  the  tiJ;\U--r  in  dispute,  and 
upon  the  dti'i?^iou  vif  '    t  r  ,  i  ' I  whil " 

heapprehi'nded  h«:  1  '  tt  i 

a^ust  hini^  and  so  m  -«»'.«>.     i^u,  uici 
say»  WHS  I  Kit  ut  all  atfcciel  by  that  1 
Wily  or  other.     For  admitiiup*they  hadi 
or  yon  had   a  rigfht,    yet  the  gaining' 
tijfht  must   not  be  attt?uipted  in  a  w 
tnanner,  but  they  had  a  lawful  way  \ 
by  their  right,  and  if  they  pui^stied  thi 
and  g'ood  ;  if  not,  theu  they  timst  take 
comes  of  it. 

At t.  Gen.  My  loid^  that  rigfht  was  insii 
on  by  (hem  as  the  pi^bible  ground  of  tbcif 
action  ;  and  that,  we  iny^  wa$  no  ngiit« 

L.  C  J.  Theiefore   it  is  to  140  purpose 
nrjrc  it. 

Soi  Gen.  But,  mv  lord,  with  subo 
our  answf^r  '^  •'  -  -  utlc  la,  that  there  i 
\  oohmt  0I  r  Ttd  I  his  con>  iction  provoil 

L.  C-  .         M  ..:.  Sidicitor,  that  is 
eridrnce  one  way  or  other. 

Sot.  Ocn,    If  your   lord <h in  please, 
Htf ny s  tlittr  v«ry  title,  which  id  tb«  ttumli 
the  poll, 
£.  C.  /*  LQtd !  thf  thing  ic  as  [ikln^  | 


tha 


,  «titll0r  a!*aLiiJst  nr  tor  the 
I  Seftcmtlne  it  for  jfua,  ur  agam^t 


M  ITtji,  My  kml,  wt^  ■ubmit  ia  your  Jorcl 
d^fV  dtrectjims  in  it.     Bitt  thc'n  ibi*(  tv<^  ^y 


tiotr  !5i  rwfurrjj  U 


tor  fho 
.   They 

'  nt  had 
*>r  llie 

>ne  hy  this 
*   M  deter* 


clear  the  njrht  ot   €lecli<»tt 
anil  Up  tdiild  hure   iia 

'  went  a  I  it  tie  luntref»  and 

'  sheriifj   pol)   l>oak9^  or 

fc»iMbeT«  talr««n  r»iit  (>f  th^m,  %rht?neiii  ihey 

sxy  iLfht  our  Atiicm, 

1    ei^jt^  1  '        .<,  Midi 

my  Un  t  ihttt 

I  be  wsfttiner  oi  « au.^r  ^m  »LiK7n  in  the 
1  iiniiML,  say  we,  ihiit  wrw  no  port  4if 
ttr  itaiiB  at  ikJlf  ticn-  ^^Jiv  it  »t  n!'  ''^  '^'^^"«rn 
1km  ^MMin  wC  rt^bt  mie  w&y  nur  ni  q 


q^tv  lir  »iieHlPfipfiii  i 
M^  Tlirfi  tEey  wcfi 
4nd  ts  r*  iUenci?  the  s 


^«Ai  he  %  emims  vrurium. 


lltL-^e  are  a.H  the 

1'l>*'  fivNt  by   tht*ir 

;  for  thnx* 

t  njxm  the 


illl 


\rt 


jury  an  oc 
We* 

MAltet  «*ft»  thr  fi 
••t  II  mm»  Mw<94fi 

M  fwl  t»f  in  &iiy  tjtn4  V 
^•^      1  UMok.  fhi^cri- 
«if   Ui^fff,   III 
m  «ll  tfniQi;  ttfi^A  I 

^bfaift  for  dlimlil  t  ft  M  'Mdy  1 1 

^Hi»«i»  tfjcctevl  W  the  mn^or 


f  nyter  knew  a  j»olJ" 

«iX  yr»r<  »iqt» ; 

rit   rvcr  !  kriftir, 

■  '*t 
I 

.W  the 
a  our 
tzTsee 


LiiiMfrr  Aihi»t 


*  inutmlty  «liuU  chocHHS  aooihtx  to  jom 

*  him,    fof   wlioo)  tllty  will  [umwiji*     And  if 

*  ihcrt;  ari^e  any  dilfcrGtiCc  t»ctAveeu  iheni^  wli# 

*  li  elt3€U?d,  m'not  eleoted,  it  nha^  he  deter • 
^  itittied  in  Uie  satnemaoner  fu  it  in  so  com- 

*  ini»n  counciL^  This  is  all  the  notice,  that  1 
ftnd  in  any  of  the  city  books,  that  Jookji  hke  a 
deciding  the  eleclioi),  when  disfiutedi  by  a  polL 
Now  in  anothn*  chapter  of  that  book^  where 
the  common -council  is  Qkentioncd.  it  is  ml^^ 
'  U   there  he  any  divisioci  of  opacuons  ta  th« 

*  common  council,  the  coratnon-serjconl  and 

*  the  town  clerk  sWl  examine  every  man  sti- 

*  V ©rally,  what  Uieir  opinion  is,  uUich  is  by 
ii\%^  or  I  *'  way  vf  poll  at  this  day  tvhen  we  had  tv  com* 

V  w«'iit  I  *  tnoii-coimciK*  But  till  that  time  that  tlie 
poll  woi  between  Air.  Jenkii  and  s^ir  Simou 
Lewis,  I  oerer  knew  any  poll  for  sberit!>j,  and 
that  poll  was  taken  immeaiatdy  by  telling  oiie 
and  the  other*  For  my  lord  mayt}r  mid  alder* 
meiif  at  sofm  as  ever  they  cotne  upon  the 
boBtingy,  make  prockwation  to  have  the  lire* 
rtes  acteiid  for  snch  elections^  and  Ujen  witlt- 
draWf  and  leave  the  i»herifl'j3  and  the  commoB 
aerjeiint, 

Jtt.  Om*  Sir,  the  course  is  rery  well 
kiiovvn,  I  »uppo8c,  to  the  gentlemen  of  tba 
jury.  But  prny,  did  any  persons  poll  at  m^ 
lord  mayor's  books  for  DuImhs  und  Ptiipillou  i' 

Toufi'CUrk,    Not  that  I  know.     Astothti 
poll,  my  IwJ  nmjor  cau^  the  common* 
to  be  adjouraed  to  !tiich  a  timci  and  afti.'r  \ 

Sfnt  for  the  commou-^itsrjfant,  and  niyat'lf, 

required  us  to  go  get  books,  to  take  tlifi  poll 
for  Mr.  Box,  Sir.  Papillou,  and  Mr;  DuUiia; 
as  for  sir  Dudley  North,  he  waa  Dot  to  be  polM 
for,  he  heinq  chosen  before,  by  the  prerogiitiTA 
of  ihc  lord  ru8yi>r,  nnd  my  lord  mayor  and 
aldermen  declared  him  ftdly  ckctad  ;  and  ti|»oit 
that  he  was  calleil  out  by  public  proclatiiaii|^ 
upon  the  hustings,  to  eonie  and  take  tbed^^H 
upon  him,  as  is  ti*^^ '  '  '•■    ■••  '•  '^n'«e9^    But^^^ 
had  directions  to  i 
lor  >fr  Box,  Wi.  .  .. 
did  so,  and  iovl 
iiicn^  and  upon  < 
all  of  us  sealed  up  our  liooki 
th«*m  to  my  lord  mayor,  and  at  a  common* 
hull  allerwaVds  lie  did  declare  >Ir.  Box  to  be 
clujsen  the   t»iher  BherilV,   U>  lie  joined  with 
ifir  J>iid!t*y  North:  the  poll  was,   as  it  al^raj-s 
oii«rht  to  Im?,  hy  the  dirtx-'liim  of  my  lord  niayor, 
ui.;  '  It  otficers/and  not  the 

jr  f   Lli6  jwll,  without  my 

UC'J.   What  say  you  to  tt^  geniltfineiiF 

Have  V'^*^*  '*•"  -MMiL*  evidence  i^ 

Sifrj  i\ly  Lciid  ftad  Gentlemen  j 

III  i«  h  :nudi  Miid  iu  this  cause  that  ii 

J  totho  nurpo!«c.     An  particularly,  tbit 

the  fdaintttl 'h  cimuiid   did   last    inskt 

upon,  who  took  tlie  poU,  and  wlio  had  right  \» 

'2  A 


'  lAkelhe  poll 
iMr.  Duboit; 

'T  these  three 
the  Doll,  we 

and  oelivered 


S95]       STATE  TRIALS.  S6  Charles  II.  1 6S4,—Pritckgrd  v.  PgpUlim,       [S56 


take  the  poll  or  not,  ii  not  auy  thing  to  this 

Siestion :  this  action  is  not- at  all  concerned  in 
at  matter.  For  whatsoever  the  dispute  was, 
and  whichsoever  had  the  right,  and  because  it 
was  a  dispute,  some  it  may  be,  could  not  poll 
at  the  one,  and  othefs  would  not  poll  at  tiie 
other,  yet  the  liflingup  of  two  thousand  bands 
might  make  him  think  that  he  was  cboseu 
aheriflf;  and  there  lies  the  cause  of  his  action, 
his  apprehension  of  a  right :  your  lordship  did 
object  this  to  as,  Whoever  bdore  brought  such 
an  action  as  ours,  and  did  sue  to  be  sberiflT  of 
London,  a  place  of  charge  and  trouble  ? 

L.  C.  J.  No,  I  did  not  make  it  as  any  ob- 
jection. I  asked  your  witness,  Coniish,  that 
qnestion  indeed,  tor  some  reasons  that  1 
know. 

8crj.  Muynard,  Tliat  may  be  objected  in- 
deed to  4he  pru(k»nce  of  my  client,  Air.  Pa- 
pillon,  to  desire  such  an  office:  but  that 
proves  nothing  of  malice  in  him  against  the 
plaintiflT,  for  if  he  were  nei^er  so  unwise  as 
to  desire  it,  it'  he  had  a  ri^ht  to  it,  or  thought 
he  bad,  it  is  not  a  msdicious  thing  in  the 
aye  of  the  law,  for  him  to  take  his  legal 
eourse  for  it.  And  then  the  objection  that  is 
made  of  the  instruments  that  wore  used :  our 
attorney  Goodctiongh  is  in  a  plot:  what  is  that 
to  us  ?  There  is  not  the  least  soituicion  u|)on 
vs.  He  is  a  bad  man :  but  that  duth  not  make 
all  his  clients  bad.  liut  the  question  now  be- 
fore you  is,  first,  Whether  there  ncre  anv 
probability  of  a  cawu;  of  action?  SSeoondly,  ii 
there  were  not  a  pn)bable  cause ;  yet  whether 
that  action  was  ^-oundeil  upon  malirc?  What 
malice,  I  pray,  is  there  in  this  aguinstmj^  ion! 
mayor,  to  desire  an  appcanince  of  him,  when 
it  is  conci'ivcfl,  thougii  upon  mistake,  that 
there  is  cause  ot'actiun  ai^aiiist  him  ?  We  did 
Hot  pa'ss  him  to  give  us  bail  to  uur  action,  or 
tiirealen  else  to  arrest  him  :  no,  it  was  a  de- 
cent rather  than  an  imrterciit  application  tu 
him.  If,  then,  there  he  not  l>oth  ccincurring, 
want  of  title,  or  probable  cause,  and  uialiix; 
too,  this  action  uf  the  iilaintitrs  is  without 

f  round.  No  man,  that  has  any  sciiic,  if  ho 
nows  he  has  a  clear  title  againsl  him,  will 
bring  an  action ;  but  tlious^h  it  should  be  clear 
against  him,  yet  if  he  do  bring  an  actiuu,  but 
not  vexatiously  and  umliciousl\,  that  cannot 
•object  him  to  an  a'.'tion  •  that  uould  frifrhtcn 
men  from  bniigiu<<f  actions  upon  doubtful  mat- 
ters, which  ceriamly  is  lawful  i'ov  any  man 
to  do.  Now,  what  malice  is  proveii  in  the  de- 
fendant against  Uie  plaiiuin*,  tlie  jniy  hoie  are 
judges  of.  Jf  we  were  criminal  i\i  tfie  manner 
of  our  pn>ceedingK,  they  might  roinv  bel'ore 
your  lordship  in  auother'uuy  ;  biil  sun;  this  is 
not  the  way  ;  and  if  it  slioufd  he  a«.-iiuu-il,  and 
we  likewise  subjet-t  to  be  punished  a:*  :i  eri- 
luinal,  then  we  sliuuhl  Hutler  txticc  !'•  /  (he 
•ainc  tault.  Now,  gent h men,  upon  this  .11  tion 
we  are  nut  to  be  OuhI  ;  but  they,  it'tln^y  can, 
•re  to  shew  what  damages  the  |iluiut>(r»uh- 
laincd  by  our  action  ;  and  if  what  we  hmo  said 
do  not  satisfy  you,  that  we  liad  probablo  vimlsou 
fa  wiiHt  w«  ilid»  thcu  you,  upou  your  oaths, 


are  to  give  him  what  damages  you,  in  yoor 
consciences,  think  he  has  reoeived  by  it. 

Mr.  W'iltiuiHS.  My  lord,  if  your  lordship 
please,  I  would  ask  one  question  of  Mr.  Town- 
clerk,  as  to  the  right  of  managing  tlie  elec- 
tion. Sir,  you  have  observed  many  common- 
halls  for  elections  ? 

TowncUrk,  Yes,  Sir,  I  have  for  these  twelve 
years. 

Mr.  WUliams.  Did  the  common-haU  ever 
go  to  a  poll  upou  an  election,  before  this  tima 
that  you  know  of? 

Townclcrk.  Never  but  opce  for  the  electMos 
of  sheriffs,  I  say. 

Mr.  William,  I  speak,  Sir,  ofanyaortof 
poll ;  for  I  suppose  you  do  not  call  the  holdiiig 
up  of  hands  a  poll. 

Tawncltrk.  ,Mr.  Jenks*s  poll  was  the  first 
that  ever  I  knew  for  sheriib. 

Mr.  IVilliamt.  Well,  Sir,  was  that  managed 
by  the  sheriffs,  or  by  my  loni  mayor,  or  by  yon, 
and  the  common  Serjeant ;  or  wlio  was  it  by? 

Townclerk,  Sir,  the  mayor  and  akkmcB 
withdraw,  and  leave  tlie  sheriffs  to  view  tfat 
election  by  the  hands ;  and  the  corannoa  sor- 
jeant  propounds  the  question,  "  So  many  of 
you  as  will  have,"  dec. — — 

Mr.  WiUiumt,  By  whose  direction  dolh  ht 
proL»ound  the  question,  pray? 

iowncUrk,  Jly  the  direction  of  the  conunn 
hall,  I  take  it. 

Mr.  Williiimt.  But  if  a  question  doariit 
upon  an  election,  so  that  it  cannot  be  decideii 
by  the  view,  but  they  go  to  a  poU,  wiio  is  to 
manage  that  poll  ? 

TuwncUrk,  The  officers  of  the  eilyy  by 
direction  of  the  lord  m:iyor. 

Mr.  Williams,  That  |>oll  you  speak  of,  for 
Lewis  and  Jeiiks,  was  that  managed  by  any 
body  but  by  the  sheriffs  ? 

'IowncUrk,  It  was  managed  by  the  sberiffii 
anti  the  common  serjcaut,  in  the  aflCttstooinl 
maimer. 

.Wr.  Williams.  How!  in  the  accnsUmtd 
manner,  when  you  say  that  was  the  first  tint 
ever  you  kneiv  r 

ToiLiivltrk,  It  was  so  lor  sheriffs  ;  but  Xhtn 
have  been  pulls  lor  other  officers. 

L.  C.  J.  \\  hy,  Mr.  Williams,  every  body 
knows  that  well  enough,  that  the  sherilb ase 
coijcerne^l  in  the  management  of  theelediaBt 
or  the  poll,  us  ail  the  rest  ol*  the  officers  of  the 
city  r.rc,  under  \ny  lord  ma^'or;  and  the  009* 
nioM  Kcrieaut  consults  wiih  the  slieriffs  i  ~ 
and  |>eopie  about  him,  u|Km  the  view 

Mr.  Wittiu/iifi,  Tray,  Sir,  do  vou  reme 

the  ele^-iiou  ol\\Ir.  Kctiiel  and  3fr.  Cornisbr 

Tuit  }u  it:rL.  Ves,  Sir,  there  was  ft  poQ 
too  ;  thill  was  the  ycjir  at'ter. 

I^Ir.  Wil!!-iui>.  VV ho  managed  that  poll? 

T'r.ciicUf!:.  The  sheriffs,  and  the  co 
serjeunt,  and  I,  did  agree  U\  take  it  t 
two  books,  \t  hereof  one  was  with  tlie< 
riff,  and  the  other  with  the  other  sheriff,  at  I 
two  ends  of  the  hall. 

31r.  Williutm.  That  tras  taken  in . 
Sir,  was  it  noli* 


ill  STATE  TRIALS,  36  CllAaLSs  II.  1684.— /«r/a/«r.4irMf. 


[3flt 


2A«tfii«t  it  one  day* 

tio  orderetl  ^ou  ta  take  tlic 


Tbmmkriu  Yis,  §ir,  thai  ^er  of  J  e«i  k9  w&k 

Mr.  I4'il||g0ittu  WcnrTOttcoticeniediiitmking 

lint  fH.il 

r 
li 

fill  tiui  iti y  ^ 

Ti»ii^/i«^.  TrwJjr,  I  d'ul  eoncem  mvself  as 
iskM  I  cqqIU  iQ  ttiose  Itun^f^ :  ntint  re|»>it 
«i»iiiai|«   t^   thr  rtnirt   nftU*^enn€n,  I  cannot 

It*  I  ui  ii ;  liul  »i»mt  ^n- 

I  dlul  |ira  V  ID£  to  ^o  tip  to  tlie  poJl ;  aud  I 

I  lrtiy«iir.-^(    "-  in  3/1  Kir  oath » did  the 

'  ■  It  > 
cXrrfc.  i  ira.i.  Liiiuk  ther  did  tioL 
►  H^iiiiiu.  Did  my  lord  mayor  direct  you  ? 

I  tf^HiamA,  Did  tlie  sheriAV  mnun^re  it  ? 

I  5k  r?    t  (!id  It  by  »ir  Itobcrt  Claytofl^s 

liird  iiiJiyar. 

^iy  ior*l,  all  tliai  me  say  to 

>#c   6ii*r    not  unw    jHuvintj  our  rififhl 

itti<:K    '^r  l*rtitftrht  uur  nctioD ;  tliat  we 

I  uti'  r    iiH,  wf   tiHisUi^n^e 

hmkm  my  or  otbfr;  yei  ^v<^ 

^ir  frsm  y  bavc  a  )>  iihable 

Ml  «f  actio  T  ^   be  a   iloidiUul 

Hii    iH;»i     Kr.    I  «Mv  i.-'-  ' !.   ^.,        ,,  ;. 

Il»«t    liifbt;  for  iiU   I 

is   troin   Liber  Ail»M.,  .xi.w  .^.u.  i» 
f  dark.     You,  ypeutUniien ,  hear  ^vliut 

was  nghi,  uud  so  not 
with   i«liat  my  lord 


I  •te  tlM 


rM* 


.  C  /-•  Mr*  Willtanitf,  yon  talk  of  that  you 
h  aa  «iiler«4?ind  ;  Tor  niy  lord  ninnyur  was 
■tdvfv  «i  th;)t  tinu>  of  J«  ikk^'a  poll  :*  [   wan 


Alsi^rr  Qc^liiu^  t' 

>  aa&u.v.  . 


t  kuour  the  abe> 

Mr,  Tiiwn- 

oni',    and 
.^Img  oftiif 


L  C.  J.    Out  you  am  out  «lill.     Bui  for  all 
,ikia  la  mitJtitig  lo  yi»iir  right  of  action,  ntit' 

I  H^lwr*  i,  1  must  Iny  it  here, 

irf^tftttt  ;)nd  ^tr  brouwrhi  our 

but   aftc>nv;trd9i  ctiu^ 

.  tiad  oa  right,  wc  dis- 

iiui  di'»u^t4'd. 

It  waaao  far  from  Win^  thivr  riKVit^ 

I  «h'sa«  you  to       "  i«e  witness, 

lay,  hrlW'  thcrcs  «vas 

ug  lUouitht 


tp«ilor  aluYitj'^ 


HKn  u  uni 


'  '>».  W«  were  und^r  an  upprehen- 
ntlwtD, 
tvi'ould  he:  nn  colour  for  atiy 

■il. 
:  ^kvibmtt  to  your 


n'^ii^mumm. 


Ati,  Gen,  80  do  we, 

Seij.  Muynurd.  Wbfiber  thifl  action  tirtmgbt 
by  us,  unBi  malicious  ? 

*  Mr.  WurU.  My  lord,  Mr.  Attorney  doth 
cliallcn^^e  the  dctenitant  to  shew  th»t  his  action 
(van  brou|j^ht  by  ad%  icr  of  counsd ;  ire  shall 
nhew  it  was  with  fro'»d  nulhority  of  counseL 
Mr.  Baker,  can  you  tdl  wbelliek'  it  waaby  any 
aftvice,  uud  whos^e?  « 

Mr.  Baker.  It  was  by  the  adtioe  of  Mr. 
Thuiupsoti*  I^Ir.  Foileztbu,  aiid  BIr.  WaUop*  ui 
I  have  beard, 

Atl,  Gen.  Hut  you  bear  what  Ke<Un^  -^aya, 
there  was  a  paaty,*  that  were  vd  a  consult  about 
it«  and  that  were  concerned  in  it. 

Sol  Oen.  My  lurd»  we  hu>c  done  on  both 
sides,  1  thiuk,  and  submit  to  your  lordship'i 
direction  in  it. 

L.  C.  i.  Will  8oy  of  you  s»y  any  thiu^ 
more  ? 

3tr.  WUliamM,  No«  mv  lord,  we  hare  done, 
we  learc  it  upon  thia  evidence  to  your  lordahip 
aod  the  jury. 

Aa.  Gen.  My  lord,  we  have  no  more,  to  say 
tor  the  plaintiff. 

L.C,  J.  Then,  gentlemen  of  the  jury*  af 
my  brother  Maynard  said  in  tlie  beginuiuii:  of 
his  deteoce  in  this  cause  ;  so  I  i»ay  now  to  you, 
to  $et  all  things  ^traiglit  and  right ;  God  for- 
bid, ilmt  any  be^t^  ftr  tranapori  of  the  timea, 
should  briu:/  us  into  that  condition,  but  that 
evtry  subject  of  the  kinj^^s.  that  hath  a  rufht 
cd  brill i^uji;  an  action  at  law  ai^ainst  another, 
hh'iitld  taive  free  liberty  m  to  do.  And  Uie 
c<»urts  of  justice  are  now,  and  1  hope,  alwavi 
will  be  so  open,  that  every  one  that  would  taks 
a  remedy  prescribed  by  the  law  Ibr  a  wron^ 
done  lum,  may  be  received  to  brmg  lu!>  actioOt 
n  hicli  ill  a  le|i(al  remedy. 

And  i  am  to  tell  you,  gentlemen,  iiiat  nHich 
bus  been  said  in  i\\\^  case  (which  I  |>erceive  is 
by  the  #it)ncouni»eof  puople  acausr  oi'gi*eal  cx* 
pcctaii'in,  as  mv  brother  likc\vnye  said^)  which 
la  not  ut  all  to  the  ca$e.  i  am  sorry  truly  at 
this  time  of  tlay,  that  we  should  staafl  iji 
need  ot  kucIi  c&U!m^  a^  these,  to  Si^ttle  and  keep 
people  in  their  due  bouods  and  limits.  But 
though  mauy  things  bavu  been  i^aid  tu  the 
case,  that  are  quite  Ijesidea  the  natural  Liueg- 
tiou,  yet  they  havinjf  been  made  *'  icg 

upon  that  question,  and  because  w  be 

a  case  fif  such  e^rpectutioni  I  tbiuk  it  will  be< 
come  tup,  iu  the  place  wherein  1  am,  to  any 
something  to  you,  and,  according  to  the  beat 
of  luy  uuderitaudiag,  tell  you  what  1  appro- 
In^id  10  \i*i  tht'  Irgal  part  of  it,  stripped  of  what 
huUi  no  I'Llgtiuu  at  aU  to  it.  And  if  J  shall 
ofuit  any  thing  that  ia  material  on  the  onv  si4e 
or  the  other,  here  are  gentlemeu  that  a^re 
lea'  'le  law,  who  are  ot  coimst'l  hoth  for 
til'  lid  the  detendant ;  and  1  ^^ball  uot 

thii.»  .» T  -'<  \i  under  any  tort  of  prejudice  lu  lUe 
world,  if  they  take  I  he  liberty,  aa  they  may 
fntely  ilo.  tonihrnui  me,  and  remind  m«  of 
what  1  1  lu  1  may  tuistakc. 

For,  t "  iHjiutii  you*  for  my  cTwji 

part,  I  would  out  htivv  th«  iaw  ouuk  tohmviest 


state:  trials,  56  CuAtttEs  if.  l6i^.^PriUkati  u  P^piHon, 


Ifa  aivy  purpose  InU  tlit^  exact  rule  of  jtuticr.     I 
'foulil,  to  the  best  of  my  iii»«!«rsi:\>ulins;,  in  all 
Pfa.ses  scrvartjm  tUtXium,  \  w?  law  and 

i>e  rirht  nf  evei  y  man   i  1  wnM 

have  tuc  Iaw  of  the  kud  to  be  the  meosurr  nf 
ny  ow-a  ntid  nil  other  men's  actions.  And  I 
L|i*^pe  no  man  c^ti  justly  (i  am  sitrc  Ida  n»t 
I'^nu^v  tUcy  cnu)  €f»mi^lain  of  any  hrenthur  iu* 
Wmsioii  ihut  is  made  in  the  coiirts  of  jn.t!rc, 
I  either  upon  laiv  or  ng^ht.  Bui  all  tlM'K<>  thni 
lliavethe^i!  I  uiti  of  justice  commitU'il  to 

I  lliifm  liy  til  K^nl,  do  behave  them  Krhes 

Lirith  all  ih|iiii\  mi  niipartiafity  tuwurds  nW  the 
[ fcug:'s  sulijLHn^ ;  and  the  Ihw  hjts  ns  loll  ami 
liree  a  coiirhe,  and  juntii'^  dotli  evtry  whtre 
l^ke  plac«  n%  mur.h  ai  can  be  d«^ reel  by  any 
ponesl  and  t^iwi  nr^n. 

Genilemert^  in  this  rase,  ihul  you  now  are  to 

fy^  1  must  first  of  all  tell  yau,  that  this  busi- 

Hesa  of  the  rig^ht  of  election,  one  way  and  tlie 

tther^  batb  b<*en  too  much  itiifisted  on  on  both 

ideK,     And  I  i»peak  it,  because  thoug^h  I  niy- 

Nli^lf  in  my  oun  mind  know  what  of  it  is  true, 

tid  whatnot ;  Y«t  J  ctom.'cive  it  not  ao  proper 

I  be  tt  lent  ion  ed  in  this  case,  it  beiDff  no  lejH^ 

^^ ' :  '         Ti)  tbe  point  imjuestion.     !?oiv  ttis  a 

d  iibenl  opon  votttn  ctbaerve,  and  upon 

^41^  <  rill  •  to  KtsfTer  notning  to  be  nr»^  so  aa  to 

|ia»eat>y  vyeiyrht  wiib  you,  but  what  is  le^ai 

^ideuce.     T)tat  you  ai*e  only  to  mind,  i^ntlc* 

Den.     Ho  thixi  if  1  mention  to  you  any  (KHut  of 

ct,  that  bath  not  been  given  in  evidemr,  as 

(laving'  a  true  relation  lo  Ihia  isiue,  you  are  not 

■^D  wind  what  1  si^y  to  yuu  about  it.    On  the 

ther  aide,   I  must  hkcwise  acquaint  von,  if 

Wrr  be  any  dithcidty  iu  fM>int  of  Uw  in  the 

you  are  to  obacrve  toe  direutiona  of  tbe 

ourt,  who  will  be  always  ready  to  assist  and 

(lirect  you  in  it.     Or  the  gentlemen,  tiiat  are  of 

ounttel  on  tlie  one  side,  or  the  other,  may 

have  tbe  matter  tbimd  snecially,  if  they  think 

"here  is  fact  enong^h  to  be  found  to  ground  a 

|uestion  upon. 

Therefore,  g^entlemon  J  for  tbe  custouis  of  the 
Dityof  London,  as  totbe  mannerof  eiectious, 
'  who  bath  the  rt^bt  to  roanafe  them,  they 
^e  not  at  all  material  to  this  buainess ;  and  jf 
bey  were,  there  i»  never  a  one  of  you,  but 
now  it  as  welt  nn  we,  or  auy  boily  doth.  I 
nys<lf  bad  the  bauour  to  serve  Uic  city  of 
uadnn  in  the  places  of  common- Serjeant  and 
onkr  several  yean:  so  long  ago,  that  not 
Dve  one  or  two,  that  sit  tipou  the  bench  iu 
be  court  of  111  den  nen,  have  been  longer  con- 
versant in  Ouild-batl,  or  know  the  customs  of 
"  ondon  in  those  matters  l)tMler  ttum  I  do. 
It  is  notoriously  known  to  aJI  that  [m\c  had 

ny  dealing  in  London,  or  bein  . i ^ "•■  )  with 

Iny  thing  there,  that  till  wit  In  v   or 

even  years-  last  past,  the  l^^nl  u;  -}  ..^1  the 
ourl  of  aliAerxneii,  and  the  common -hall  use^l 
►  go  a  birdiag  fiir  «heriffii  (you  very  \^^\\  know 
inrhat  the  nbraae  mean^,)  and  ix^rliap^  it  wua 
not  onc«  m  ten  times,  that  tlioxe  that  w^^rc 
chosen  sbtTiffs,  held ;  but  generally  every  year, 
there  w^ff*  I  know  not  iiow  many  eleciions 
on  finmgoflr,  or  swoaring ,  or  aotne  rcasno  or 


other ;  ao  that  now  and  tbcQ  iluere  waa  hit  i 
sberifT  chosen  fur  a  great  while  iafireil»«r; 
nuiv  and  then  never  a  one  from  Midzuiu 
day  till  near   IVIichaelm&s.     And  the  way 
to  consider,  such  a  one  halii  moat  muneyl 
bis  pocket ;  Oh,  tbeo  put  blm  up  f^v  ali 
and  I  hen  if  be  went  ofl,  then  a»otoeri 
found  out.     And  there  was  o&e  old  i 
vage,  that  used  to  keep  n  black  book,  thai  i 
fqrnitth  namfs  for  I  know  not  how  many  eli 
tions.     And  who  libould  be  sheriff,  so  |ks  to  ( 
vide  into  parties,  and  poll,  was  never  a  t^ 
tion  before  sucli  time  as  Mr.  Jeuks,  that't 
speak  oi;  came  to  be   put  u\\  und   thera 
dispute  began  ;  then  tbe  faction  btgao  to 
pear* 

Now«  if  any  man  offers  to  tell  ine,  I  ap, 
bended  alwayV  it  was  thesberitT^  right  to  i 
nage  the  |H>ir ;  1   woubl  ask  faim  how  thai  i 
he  a  riglit  that  navtt  was  done  bei'orie  f 
them  shew  me  any  one  instance  of  a   polli 
sberifl*  beJbre  that  lime,     No,  it   waa 
ously  known  when  the  polls  began ,jpat!acini.i 
not  think  the  shrievalty  auch  an  oifnoa,  jU 
wa^  so  earnestly  to   be  coveted   addl 
Poll^  indeed,  tised  to  be  berelolbre 
bridgemaslere  places^  that  afe  plaets  of  i 
and  advantage ;  and  so  for  aMOOncn^  and  I 
like,  those  Tiave  been  ofloQ  tn  yiNlf  T 

mine,  gentlemen,  we  may  i«ry  welln 

them.     But  thi<i  ofBee  of  aherifl,  peonke  isi 
not  heretofore  so  ambttiouMi  of,  as  to  poll  ft*  ( 
but  the  city  was  glad  if  they  could  get 
worthy  and  tit  fkerson  to  accept  of  tt« 

And  tor  the  management  ol  the  elediaii, ! 
all  can  tell  the  manner  of  it,  us  well 
thi:ig  in  the  world.  A  tier  my  lord  toaf 
tbecuuri  of  aldermen  were  gone  off  I 
ings,  and  retired  to  this  place,  ilio  c. 
«erjeant  staying  there  with  the  aherifl  ^ 
to  make  as}^echto  ttie  com mon- ball," 
hearsal  of  what  had  been  before  said  hy 
recorder ;  and  llien  veoeived  the  nomin 
such  persons  as  were  to  be  put  to  the 
for  election  from  the  coniinon-ltalK  A& 
tbe  puttii^g  of  the  qucstioD^  every  man  he 
his  band  for  thcr&e  that  ht:  desired  ah 
chosen;  and  if  it  could  be  deci<M  by 
the  liands,  well  and  good  ;  and  the 
sei;|eant,  cnnsuiting  with  the  sberitfx  an. 
about  htm,  declared  their  opinion^  that  th 
tiou  fell  so  and  so,  on  Hxe  one  &ide  tn 
other ;  but  if  doubtful,  or  a  poll  deman4isil  1 
any  one,  then  they  used  to  lu  ,ov  f 

mayor  what  was  done  in  tli  i  ha 

anti  thereuj^Min  they  gave  order  lor  [Uiiiirtng'  I 
election,  or  gi'auting  the  poll,  and  used  to  i 
down  10  the  hurtings  for  that  purpose  | 
one  ever  thought  that  either  the  coma 
jeant  or  the  sbej'iifs,  or  any  body  elaei  I 
lord  mayor,  had  the  power  of  those  coufj 
Fur  the  commoo  ball  was  always  summo 
by  precept  J'rom  the  lor  J  mayor ;  and  when  i 
bitarne^s  was  done,  or  was  u»  be  put  i>ff  to  e 
oUier  day,  the  cnmmon  crte r  by  comitiand  fra 
the  Umxi  nuiyor  nuikes  proc^iamation  *  Y|j 
*  good  mea  of  the  hvery,  ^c,  may  deptii  1 


STATE  TRIALS.  S£  Charles  lU  l6&i^Jer/eUe  Arrrtt, 


I 


«i|fti  WMM^  an*!  gi«9  your  ^lleodaiioe  h&rv 
*  mm  much  &  day,  or  n[Km  liirthcT  summonfi** 
Mi4y  c^cr  taikeU  ol  r*ummontn)('  a  common 
ySihy^  Bfty  body  but  tiiy  lord  ni«yur.  Uc  tlld 
kkf  firtuftof  iu»  ofl&c«:,  ami  tie  dissolved  <ir  ad- 
jiVMd  it  by  firttio  of  his  fjfti 

^  to  Ik?  o  ipjcjui 


411  this  18 

any 
iary 


<- 


lictrti  rii*     Mr. 
111  tiiud  iur  itf  wau  ctioeen  Aothi&jaiui- 


^•5 


Mr.  C'«viMi,  btt  cvmes  uui)  gives  evUleace 

4lililir    nNlillMMI'«eii4;«ltt  WA     r     ^     rr    r|    lnit€ 

lh»  ■!•  lliAi  niau«4pcd  Uie  ch^  >  •  i  inand 

iim  al^titeshen^s.  Ait^^  >i.i  ..|  thos€ 

iIhiI   Iwte   bt-en  proilucetl  uti   t!ie 

till?  pil^rifi  'it.     But  alas  a- 

lofli^  ut   r,  r   ibfm,    they  are 

lo  tilt*  (uni  tufty  or.     'Hie  eonmiou- 

|iii«iii«i;ii»  iH  hut  til  jMit  the  ^itfstii>Q 

4iC  the  cttmmim  oier.     lii  so 

■■d^  Ibal  irlieo  I  i|iy«elf  n^ati  eouiRtoa  fier* 

C,  as  1  it«tHl  t<i  fwv'^  by  I  lie  shope  m  Loo^ 
lli«l  inK^i  tt#  cry,  '  iiuiv  ^oee,  l^imwy 
if|ii«  iair«^)l*j  bart'.'     It  \t4«M^  pL^tn  a  roai) 
ll4ia^.lliJit  currv  hody  k:un  it  hr  t  ^rc  tbeiK; 
ikiip  WMaqi nlty  lt»tc  eumeio  be  tuibraiigled 
^Mr6di«Bi»  and  tJiM^ionHi  and  lite  heal  of 
'"••    '"■    ^  ^jreat  injihy 
it)w,  aod  so 
LS  true.     8o 
Ji«kr  i&  hut  dour- 
I    t  affect  thiitCiiiic 


hath  been  mi^h- 
-1  ifiiftstevi  UjK>ri 

'T:  and  that  is, 
»ioa  to 


•I'aAitTilT,  Mn<l  ' 


husi    II  h'  >    the 

,  a»  tbit  it  nr.-r 

siAnni   hr  a  4Ncnilii:_i- t  j 

il  u^H  J  fnay  huvi'   s  ri  '| 

"*  »arii  lliifH*  ;  yet  I  mu  i  i 

^  ti>  attain  ii)  ttiat  rigUl,  am)  laot  go 
itay«  ti?  w;iHi 
^fflba*^'  lutoyourhnn'^e* 

!  y«0   l.  «L»   you**   ma  fin 

ly  ibtftiirhii  and  iQi:nii 
>  a  Uaiil«#  tnitiittc^*  «' 
4)  I  oiotlaotiiiJik^ 

I  mil  of  ^QBN«^ 

E  bv  my   ri^nL,  inf  VI.  n  ,     n\ 

Dil^nctitii;  you.      Bui  if 


"M 


^^■ir,  ia4  km  ba  ptnu.*. 


pixill:.! 

W  rtubt,  utie  way  or  oiiitir. 


To  come  thai  to  ibe  issue,  that  here  you  a«p 
to  try  ;  tJio  point  of  iiib  action  before  us  re- 
volvo*  itaieif  iuto  a  nonow  oom|Miss^  and  is  only 
this  in  short,  which  you  ane  to  enauire  of, 
whetlier  or  no  the  plaintiff  was  ari-esu^d  by  t)ft» 
defemlant  without  probable  caiu»e,  and  inaU* 
ciiJiisly  f 

Now  matters  of  malice  are  ihifig«  that  re- 
main ilia  inati*»  he^rt  ;  and  it  is  imposaililelor 
me  to  discover,  wliether  another  man  baih  sk 
Dial  ice  anainst  me,  d'  I  do  not  see  it  in  bis  ac- 
tious.  MiUice  beitig:  a  thing  tliat  is  intoroal,  ia 
iMit  else  dif»certi]hie. 

Therefot'e  you  mugt  consider  die  drciim- 
sftances  that  do  attend  this  a<f  -'  '  '  'n- 
dant,  utid  if  so  he  tlicy  are  n  on 

art?  to  tind  for  the  plaattifT:  bm  n  mr^  i*n  \im 
defendant  have  offered  to  you  any  ciretim- 
stances^  that  can  prove,  or  coDvince  you,  Uiat 
he  hmlaiiy  prubahility  of  acauseuf  aclioii,  and 
thixt  mil  attenije^l  >rith  a  malicious  prosecution 
of  that  [irohable  cause,  then  the  issue  is  witb 
the  defendant. 

Th*»  iatherig^ht  question,  and  the  lair  of 
tliJB  action  *,  and  the  f>icl  to  make  it  nut  oot 
way  or  oth^r  i»  iKivv  tn  judj^fmeot  before  yoiii 
upon  the  eridonee  ihat  bath  been  given  ou  both 

Now,  ID  point  0(f  law,  1  an  to  tell  vou^  aod 
tliat  you  iHUJTt  ol^erve,  that  tliough  f  have  a 
prolmble  conjectural  «:iiuAe  of  action  against 
another  man  ;  yet  if«  to  obtahi  mv  end  m  ihalt 
I  prosecute  him  malicioii&Iy,  witji  a  desigii  |o 
ruin  bim,  or  to  nut  an  indioruity  upon  bijn>  Of 
the  chanicter  be  heart*  in  the  pubbe,  or  put  a 
hardiibip  or  ditHculty  upon  him  (I  mean  oard* 
ship  and  dtlHculty  in  ^Hiiiit  of  time)^  wbeo  it  it 
prot);ible  the  remedy  may  he  had  at  anotber 
time,  and  the  same  thin^  done  with  leas  injiiQr 
and  lc?i£  trouble ;  then  an  action  will  lie  against 
11 1 e,  lor  hrin^in;^  my  action  in  such  a  inanucr  s 
tlioui^h  it  he  true,  that  I  had  a  conjectural 
canse  of  action  against  him. 

Ai  ill  the  cHAe  that  was  here  in  this  court  the 

other  day t  of  Mr.  i^winnocic  against  the   (ler- 

jeantf  thiU  came  to  hlui,  and  told  htm  in  bis 

^r,  that  he  had  an  actioo  a^iust  him  ;  and 

tbii4  was  upon  lite  excliang^c  i  thercu|)»a  Mr. 

SvtinniHk  hrinj^   bis  action   for  this,  a^piust 

thin  n>a]i,  for  whimpering  this  in  bis  aar :  if  ba 

Imd prtniHl  auy  malidous  iotenttojA  to  disgraoa 

himi  no  doubt  the  action  wouUI  bai'e  ban.  For 

tb<Mii^h    tbi're  mi^hl  be   a    eauibe   of  action 

a^^inst  Hwinnock,  yet  it  that  be  maliciously 

[mriincd  to  t^rt  him  arrested «  and  held  to  bail, 

wliere  no  bail  1*1  reiiuiied  by  law  \  or  with  an 

itttrtti  lodtMj^rat^  hnii  tipoii  tlie  t^xchangewheti 

I  I  hnvehoen  door  elsewhere,  or  at  atio- 

ii.%  thiii  inie^iitBi' malicious  proceeding 

T'       i*oi*6iitu^  malicious 

.  a  man  ubnoa^ious 

10  nir  ticu<j>ri  m  uir  pany  "'*  proieculed.       1  dc- 

sire  to  CKpreas  myself  by  words,  that  may  dc- 
eisiv  my  meaniiag  av  plainly  as  can  b«  ;  and 
I  hope  I  do  so. 

Then,  i^tlefnen,  takini|^  it  tbua  a«  tlie 
aounael  Ci»r  ilie  plaiutifi'  aay » to  sb««r  tbit  tbi 


363J        STATE  TRIALS,  36  Chahles  II.  iGM^PrUchard  v.  PapUlon,      [iN» 

defendant  had  no  probable  canse  of  action 
ai^nst  the  plaintiff;  they  endeavour  to  an- 
•vrcr  what  is  alledpnl  on  the  other  side  as  their 
probable  cause.  And  therefore,  that  we  must 
roiisidiT  iirst,  what  is  said  by  the  defendant. 

They  tell  you,  here  was  an  election  for 
sherifik  of  London,  at  Guildhall,  where  those 
tiersons  that  they  have  nnminate<1,  were  can- 
didates, and  put  in  nomination  for  that  office. 
And  upon  that  nomination,  as  say  those  three 
witnesses,  we  were  the  persons  that  had  the 
majority  of  voices;  and  thereupon  we  appre- 
hend ourselves  chosen,  which  gave  ns  the 
rig^ht  of  action  :  so  tlic  defendant,  say  they, 
sheweth  some  probability  of  a  cause  of  action ; 
and  if  he  have  not  pm-surd  it  with  maHce,  but 
in  a  regular  way,  the  probability  of  the  cause 
doth  take  off  from  the  malice,  that  else  the 
Tcry  bringing  of  an  action  without  cause, 
would  imply  in  itself.  And  they  say  tnie,  for 
I  must  repeat  it  ag;ain  ;  if  I  hare,  prima  facie  ^ 
•  probable  cause,  and  pursue  it  legally,  no 
action  will  lie  a^inst  me  for  it. 

But  then,  sa^  they  on  the  other  side  f(»r  the 
plaintiff,  That  is  no  probable  cause  ;  for  you 
could  from  those  transactions  hare  no  such  an- 
^prehensions  of  a  ri^ht;  for  that  is  not  the 
measure  of  a  T\ff\\i  of  election,  or  a  rule  to 
ffoess  who  is  elected  by  :  for  there  beinpf  no 
decision  of  the  election  u|K>n  tlie  holding  up  of 
thehanils,  and  a  poll  beinf^  demanded,  whereas 
the  usual  method  is  to  have,  by  the  lord 
mayor's  order  and  direction,  the  poll  taken  by 
sucnai  he  shall  appoint;  you  went  another 
wav  to  work,  you  go  your  wa^'s,  and  take 
books  to  yourselves,  and  come  not  to  the  fair 
determination  of  the  question  :  and  they  brin^^f 
Mr,  Town -clerk  to  prove.  You  ha\e  heard 
what  the  evidence  is,  and  you  are  judges  of  it. 

Now  take  it,  that  this  were  in  the  case  of  au 
office  of  profit ;  as  suppose  it  were  a  question 
between  me  and  .lolm  -a-Stiles,  for  the  place 
of  Bridgeinastcr,  for  the  purposes  and  a  poll  Ls 
demanded,  and  granted  ;  if  they,  tliat  have  no 
authority,  shall  go  after  the  i-ouit  is  adjoiirne<l 
by  hiin  that  has  power,  and  take  a  number  of 
uames  in  the  way  of  a  |K>U  by  themselves,  and 
upon  that  come  and  say,  J .  S.  has  four  ami 
twenty  hundred,  and  1  liave  hut  so  ninnv,  that 
sure  is  not  any  probable  cause,  nor  a  riirfit ;  tor 
you  have  gone  liere  out  of  the  known  and  usual 
method  nt  such  matters,  aud  doiiend  upon  that 
which  can  give  no  founilatiou  of  right  ut  nil. 
This  is  tlie  answer  that  is  given  to  that  by  the 
counsel  for  the  plaintifi*. 

You  may  ha^e  fiiiy  th<nis;uiil  names  for  you 
afterthat  rate,  and  yet  n^t  be  elcctoil,  n«>rlidw> 
probable  cause  of  any  sih'Is  ap,irilieusioii.  \\\' 
all  remember  sir  Sai'iuu-l  Sierlinif 's  *«aM\  whit-h 
was  upon  the  denial  k*\'  a  pull  for  n  platv  nf 
profit,  that  is  to  say,  tlu  hridyfemaster's  plaiv  : 
but  this  is  upon  a  wnmg  \w\\. 

Suppose  there  had  In-en  a  poll  gninleil  (as 
there  was)  in  this  case,  and  u|»oii  that  poll  thus 
managed,  sir  Dudley  North  and  Mr.  »ux  had 
bad  the  majority  but  by  a  very  te» ,  and  there 


here  was  a  ])robahle  cause  as  good  aa  in  this 
case,  as  it  now  stands,  became  some  of  them 
might  happen  not  to  have  legal  suffrages,  yet 
the  taking  the  poll  by  persons  of  their  own 
heads,  after  the  court  was  adjourned,  avoida 
all :  so  that  that  would  have  signifiefl  oothing. 
You  are  to  consider  of  this  answer  of  theirs. 

Then  the  great  thing,  gentlemen,  that  yoa 
are  to  observe,  is  this :  to  bring  an  action  atooo 
will  scarce  amount  to  a  proof  of  maKee; 
therefore  malice  being  in  tnis  issue  a  mat 
point  of  i'act,  you  must  weicrh  the  evitaice 
whether  the  circumstances  So  shew  it,  that 
tliere  was  malice  in  Mr.  Papillon.  If  the  cir- 
cumstances arc  enough  to  amount  to  a  pmof 
of  malice,  you  then  are  to  find  for  the  plaintiff, 
and  you  are  the  judges  what  damages  it  ii  fit 
to  give  him  for  that  injur}' :  he  has  laid  ten 
thousand  pounds ;  but  you  must  do  what  yooj 
that  are  judges  of  it,  think  fit  in  it 

Come,  geiitlemen,  it  is  bent  to  be  plain,  and 
no  man  needs  to  be  thought  wanting  of  an  ap- 
prehension,  what  is  the  meaning  of  all 
thincrs.  It  is  coomionly  and  uniyenally  I 
to  all  mankind : 

First,  Tliat  no  man  ever  did  parrae  \ 
action  as  this  is,  to  be  sheriff,  till  these  unh^pfy 
times,  wherein  we  are,  and  wherein  we  Mva 
lost  that  quiet  and  feUcity,  which  I  praj  Gad 
we  may  be  restored  unto.  And  thoogh  ii  ii 
true,  a  man  may  lawfully  sue  for  audi  M 
office,  and  it  is  no  offence,  yet  it  looks  i 
what  extraordinary,  and  ttuit  a  man  has  a  i 
to  do  something  unusual  in  the  place, 
for  some  strange  purpose  or  other, 
when  a  man  has  tmed  for  the  office 
before,  as  we  all  know  Mr.  Papillon  did. 

Again,  It  is  notoriously  known.  That  Ibr 
several  years  last  past  the  ifoi'ermiient  bath 
been  ht'set :  and  that  which  is  a  bsaer  thin^ 
than  ever  was  thought  of,  or  acted  in  tbc 
highest  times  of  \illany  in  these  kingdonia  (I 
mean  those  of  the  late  rebellion),  the  y^ 
iiU'thoils  of  justice  have  been  corrupted,  aad 
all  to  sen  e  the  main  design  of  subvertiiig  the 
government. 

Cientlemen,  this  is  so  black  a  wkkedMB 
that  no  honest  man,  that  has  any  sense  of  loy- 
alty, religiuii,  or  cominon  justice,  hut  mut 
treinhic  at  the  very  thoughts  of  it.  When  wa 
see  such  fello\«s  us  art*  obn<»xious  to  the  ga^ 
verumem,  knou  n  dissientersirifm  th»-  e»!<tblis>i«d 
worship,  and  that  newr  thuughiof  conformui|^ 
to  tiie  government,  or  the  laws,  ciiil  or  Lccla 
siasticnJ,  or  ci»inplying  with  the  church,  bM 
only  to  capantate'ihfm  to  destroy  it;  oaj^ 
\i  lu'n  men,  that  are  taken  notice  of  io  be  i 
till  in  n*|iroacliers  to  the  government 
\*hii*li  iju'v  live,  •<hall  get  into  office  to 
I iriuira must  juries,  and  to  enable  |)cOpleto  i 
miiantl  W  guilt\  nf  the  falsities  and  bae 
that  human  nature  is  ratKible  of,  no  ma 
that  ha^  au,\  iiigi^nuity  oV  goodness  in  hin 
must  iT\  out  as*amstit 

niieii  mei.  bt-ni  tu  take  oaths  to  aan 
viliainy,  and  enter  into  clans,  ami  dnbs,  \ 


ll^d  been  an  Vti<n  brouglit  in  suoh  a  caw;, ,  eabaU;  lo  desirov  the  most  merdtul  of 


STATE  TRIALS,  S6  Charles  U.  l684^/or/ii/je  Arrttt. 


[366 


inil  to  <)i&turb,  distmct,  aud  overthrow  Ihe 
J  bcsi  offTovcnuoeiib;,  what  shall  \re  say  ?  And 
Ithisyoii,  oil  of^'ou,  genUenieiif  know  to 
true.  IV as  it  oot  more  safe  to  commit 
trmon  m  ilie  citv,  tlian  to  stt  upon  a  beneb  of 
iiutioe  to  Uring  tfie  iraitors  to  judgment  ?  Was 
1  not  more  s^tc  to  conspire  tie  death  of  the 
^iiugaod  lit^  brother,  than  to  gWe  the  least 
frown,  or  look  of  dmideasure  agtiinst  otie  of 
dusfi  siiii  rllint^  fmints  ?  016  not  we  know  that 
in  be  jurymen,  to  enquire 
t  the  kiiifj^'s  life  aud  ^o- 
tin,  ntai  LRHHc  tliut  time  were  never 
tboug^ht  Kt  to  be  trnstijd  with  tlie  common  diii- 
t  or  society  oi  hcm<'*^t  ineu  ? 
Hien  men  were  rh«><n^|jt  tittrst  foroilices  of 
bu/It  ti  HNt  iiceordinj(  to  thi'irbeJtu(thoo|jht 
>  ell -intended,  to  tlie  overtlirow 
1 1;  (kl;  do  nut  we  all  know  this  to 

Eras  true  A»  that  the^un  shines  at  noon-day. P 
When  traitore  at  tlie  bars  were  in  less  danger 
«l being- convicted  of  their  treasons,  than  the 
jiJKtw  w<*re  ofthelr  iiveti? 

Ir.  P^pillon  knows  all  this  to  be  true  emU 
Btly .  W  hen  packed  juries  were  jrrown  to  that 
i^t.       '    '     i^h  seven  or   tignt   witnesses 
I    positive  downright  trca:iou, 
nso!  tuuiii  uot  be  by  these  men  bo  much 
I  Uiou|(lit  tit  to  be  accused  by  an  imlictment ; 
'\i-«il!>4upiditN  m  ullttiny  ^vere  thin*^  brought 
[\\fr*^  ftllow^  :   nay.  *><•  flit  were  the  proceed* 
courtu   ot  justice  taint cd,  that  in   no 
I  action  whatsoever,  that  came  here  to 
but  cropped  hair  and  a  demure  look 
th«  lest  Eigns  of  a  good  evidence,  and 
^h1UBll««il  of  an  oath  signified  notb in ST,  pro- 
L-d  the  |Miily  were  to  be  propped  up,  and  the 
^n  to  receive  an  adrantage  by  it. 
Vif  Cod's  sake,  Gentlemen,  let  any  man  but 
jously  con!(tder  and  believe  that  there  iS  a 
heaven,  and  a  dreadful  Day  of  Judgment 
ery  one  of  us  must  answer  for  every 
ot  our  hearts,  efery    word    of  our 
tnd  everir'   action  ot  our  hves;  and 
^  me,  what  horrid  impieties  these  are; 

ttc^  as  any  ordinary  ingenuous  i>erson  would 
aotl  tremble  at 

J  1  would  have  3Ir.  Cornish  to  consider 

ever,  till  that  lime  of  famous,  or  ra- 

mou;H  memory,  thut  he  and  hla  fetlow- 

'r.  Bethel  came  into  that  office,  there 

fver  in  London   such  things  ag  tavern - 

o/f  juries,  or  claus  aud  cabals  how  to 


difficulty,  they  would  use  to  say  to  one  another, 

*  Come,  we  will  be  so  fair  with  you  os  to  try  it 

*  by  a  London  jury.*  So  far  was  it  then  from 
being  thought,  that  in  the  city  of  London 
justice  shotdd  he  corrupted,  that  the  ordinaij 
juries  of  Lontlon  were  thought  the  best  judges 
and  most  impartial  ofanyiuthe  kingdom,  1 
appeal  to -^11  the  practisers  of  those  tunes  that 
hear  me,  if  what  1  say  be  not  true. 

But  i«  hen  (Uice  they  had  begun  to  nick  aiul 
cult  the  men  that  hhuuld  be  returned  for  a  pui 
pose,  aud  got  this  factious  lie  How  out  ot  or 
corner,  and  that  pragmatical,  prtcktd>ear< 
snivel  hug,  whining  rascal  out  of  another  coi 
tier,  to  prop  up  the  cause,  and  serve  a  turn, 
then  truly  people's  causes  were  tried  According 
to  the  dumurcoess  of  the  look^  on  the  one  iida 
or  the  other,  not  the  justice  of  the  cause. 

Gentlemen,  1  take  myself  bound  to  tell  you 
of  these  things,  and  I  wish  I  had  no  reason  lor 
it ;  and  especially  iu  this  case  I  should  not  do 
it,  it  being  a  private  action  between  man  and 
man,  %vere  it  nut  tor  the  itigi'edients  that  are  in 
the  cjLse,  atid  any  man,  tuat  has  my  scuse^ 
perceive. 

Now,  then,  for  this  case  hpfore  you.  Gentle- 
men,  I  desire,  if  posi^ible,  1«»  be  satisfied  in  on« 
tiling  or  two  :  my  lord  mny^^r  of  Lcmdon*  it  i* 
true,  is  not^  uor  no  iiei^in  whatsoever,  bo  be  of 
never  so  great  tjuahl}!  is  exempt  from  the  law  t 
if  he  owe  aj»y  man  uny  thing,  he  is  bound  to 
answer  jt  to  him,  as  much  as  any  the  meanest 
citizen  of  Lioudoii^  or  poorest  subject  the  kin^ 
has.  Byt  is  he  to  be  arrested  just  at  such  a  time, 
hecatise  he  is  chief  governor  of  the  city*  and  the 
action  w  ill  sound  the  greater  ?  And'the  court 
of  aldermen,  are  they  to  he  an^ted,  because 
they  are  his  ministers,  and  necessary  subser- 
vient assistants  to  him  in  his  government,  in 
such  a  time  as  this  was,  when  the  government, 
both  in  the  city  and  elsewhere,  was  surrounded 
with  difficulties,  and  in  great  danger  on  all 
sides  ?  What  occasion  was*  ihere  for  such  haste 
and  speefl  in  this  action  to  be  done  just  then? 
Would  l\lr.  Papillon  and  ftlr.  Dubois  have 
starved,  if  this  action  had  been  suspended  for  a 
while  ?  Bir  ^V.  Pritchard  would  have  been  an- 
swerable to  this,  or  any  mun^s  action,  when 
the  year  of  his  office  had  been  out:  but  it  car- 
rieth  vengeance  and  malice  in  the  very  face  of 
it ;  it  speaks,  that  therefore  they  would  do  ii, 
because  he  was  then  lonl  mayor,  the  chief  per- 
son in  Uie  city  for  the  lime,  and  thereby  tliey 
llowsr  together  for  such   wicked  pur-     should  affront  the  governmeut,  in  arresting  and 


iiul        J 

m 


1  these? 
[aot  most  of  you  here  know  this?  Aud 
I  not   wcry  one  of  your  heails  and  your 
I  agree  with  me  in  it?  How  far  im- 
iceeding>i  of  those  times,  \n  reft^reuce 
tfrum  what  they  anciently  were  ? 
1  the  houour  to  practise  in  this  plitcc 
^oa  in  my  profe^ciou,  wht^n    without 
uHxinoe,  or  mixture  of  faction  and  se- 
t  were  all  (}uiet,  and  ei  ery  one  knew 
/,  and  justice  was  done  in  this  place  so 
iriy,  that  it  was  grown  to  a  common 
|roT«rh:    \i  thtrt   wore  auy  oau^  of  aoy 


imprisoning  the  king^s lieutenant,  in  one  of  the 
hijfliest  places  both  of  trust  anil  honour.  And 
tlus  would  be  ^uve  to  make  a  great  noitie,  lyul 
the  triumph  of  the  action  w'ould  make  thett 
party  then  to  be  uppermost,  liuving  got  t}i# 
chief  governor  of  tl^e  City  in  their  own 
clutches. 

Nay,  and  because  they  w  rmlJ  he  sure  th«ir 
malice  and  revenge  should  take  place,  ihej 
take  the  very  scoundrels  of  the  party  to  be  em- 
ployed  ID  this  great  work«  For  before  that  time, 
the  corouer  (as  he  tells  you  himself;  used  to 
make  his  wafraats  to  tha  oi2k»r«  that  usuall/ 


STATE  TRIALS,  36  CSAEtfis  II-  leu^-^PriiAwd  t.  Papitfon^       [i 


■re  Tcrsed  b  ihnt  hnsiuess ;  but  here  he  must 
have  the  tliretrtion  of  the  attorne?,  aii<i  who  k 
that  but  Goodenoiigli,  a  mtn  weliar«  all  h«ir<i 
enough  ot;  mid  then  Barlei^b  atid  Kt'dhig 
must  be  employed,  und  hj  whose  advice^  but 
by  Ooodcnough  and  Neh!surp*s  ?  And  aJJ  these 
fAscals,  who  now  fttand  atiuinted  of  ttcnsoa, 
fnn^  be  fetched  in  to  consult  ubuut  n  tit  mnn  to 
D»ke  an  arrest :  and  there  they  pitch  upon  (his 
llftaii  Keeling  foi-  one*  who  was  one  of'tne  prin* 
tipal  eoitspirators  in  thatdaiunable,  hellish  plot 
«^nst  the  kind's  life,  and  that  of  his  royal 
brother  ;  but,  by  the  blessing  and  Providence 
of  AJmi^ty  God,  was  made  use  of  as  a  ^reat 
instrument  of  prcserring  those  precious  lives, 
""nd  witli  tliem  our  gwernment  and  reJigioD, 
nd  tU  that  is  dear  to  as,  which  by  that  coo- 
spiracy  wis  undermiDod^  and  f  wiish  we  had 
not  reason  to  say,  and  tbink|  the  conspiracy 
still  to  t>e  govag  on.  But  I  hope  in  Ood  the 
goventmcnt,  ns  established  both  in  church  and 
Hate,  will  always  bo  able  to  pre v ail ,  maugre 
ill  designs,  and  ihotetbatiire  engaged  in  tliem^ 
br  its  destruction « 

Now  Keeling-  teils  you  he  scrupled  the  em* 
ployment:  No,  said  be,  I  desfrecl  not  to  have 
my  name  put  in<»  because  1  wns  never  coo- 
ematd  in  any  such  thingr  before,  and  noy  bu- 
ilDtti  was  of  axiolher  sort.  But  then  !^fr. 
jCoodenougii  (and  Mr.  Brome  the  coroner  no 
'oubt  had  a  band  in  it,  though  now  he  ha^j  n 
r  treacherous  inemorv^  und  hai  torgoi  all 
0  dene)  comes  and  lells  him,  you  nuist 
k  yonrMlf,  and  do  this  thing*;  for  you 
h^ve  a  trade  with  the  party,  antl  it  will  be  ill 
fnken  if  you  do  nut  do  it.  And  lieing  asked, 
whom  he  meant  by  tlk»  pari\  '^  He  tells  you, 
ilie  rtisooniented  parly  r  and  he  explains  their 
discontent  to  be  sucK,  that  they  would  have 
killed  the  king  and  the  duke*  *  Now  how  tar 
he  waw  engaged  with  that  party  is  pretty  well 
known i  and  therefore  if  he  bog^gled  at  such  a 
thing  as  this^  which  that  party  itscein  t^^as  en- 
gaged in,  they  would  suspect  him*  and  to,  for 
the  party's  sake,  he  was  dranii  in. 

But  men,  uhfu  lhi<  thing  ii  done,  pray. 
Gentlemen,  do  but  consider  what  (he  eoiise- 
quences  might  bare  been,  ajid  which,  perhaps, 
^ay  upou  what  has  happened  to  be  diiscoverefl 
'nee,  doubtieis,)  they  did  design  it.  But,  God 
t  thanked,  those  cotiseciuences  were  prevented  * 
hand  they  themselres  have  cause  to  bu  thankful 
I  God  Almighty  for  it.  For  here  all  the  raa- 
'  ^  ttes  of  t lie  city,  that  bad  any  care  for  the 
government  of  it,  were  to  be  taken  ap» 
nd  then  here  was  a  body  without  a  head, 
\m  ton  a  MX  of  faction  without  any  government, 
nd  if  the  heady  rabble  had  been  once  up,  with* 
at  those  that  had  authority  to  restrain  them, 
rhere  then  bad  been  your  liberties  or  proper- 
^ties,  gentlemen,  or  any  man's;  nay,  theirs 
Tiat  were  engaged  in  this  design,  if  they  had 
tny  P  For  those  were  things  much  talked  of 
by  them.  In  what  danger  had  you,  and  all 
you  had,  for  life,  estate,  relaiionsi  and  e^ery 
thing  been  ?  But  it  pleased  God  in  his  infinite 
mcfty  to  shower  down  upon  tis,  and  npon 


this  ctty,  and  the  goremmeni,  in  a  mt;^li 
nreserratiott,  put  tin*'  tt  mtrt  if»»*  hr^jnts  i  " 
rn  power,  10  bn  mec 

together,  and  [  tj', 

God  knows,  this  whole  city  might  ha? e 
by  this  time  once  more  in  asheS,  and  most  f 
the  king's  snbieets  wallowing  in  ilieir  own  i 
one  another's  blood:  and  therrpuny  too  wo 
have  felt  the  sad  effects  of  it,  no  doubt,  as  ^ 
as  others.     8o  that  the  conseqoenee  of  il  ' 
to  destroy  the  |rof ernment,  and  that 
the  party's  bein^  engaged  hi  it ;  • 
be  to  gain  aright,  toniaketim  imoo 
ado  to  artiest  the  magistrates  of  the 
then  take  advantage  for  some  other 
purpose. 

Another  point  of  circumstance  iBat  ii 
denible  in  tliis  case ,  is  the  partictitar  [ 
that  were  to  be  sued.  The  mandamii 
was  directed  to  the  lord  mayor  nij'] 
and  there  is  a  return  made^  not  by  \\> 
or  the  other  man,  but  in  the  natne  ot  lii 
the  whole  court.  How  eoroos  it  then  to 
that  my  lord  mayor,  sir  Henry  Tulse,  and  those 
other  gentlemen,  must  be  suetl  ajid  arre<:led  ? 
But  1  warrant  you  Mr.  Ccwnish,  or  hin  party, 
were  not  to  be  meddled  with  :  No,  he  had  so 
much  Jteal  forjustice,  and  to '!  '  v  *'  /  * 
rti^4a,  that  if  he  should  ha?c  i 
10  appesr^  he  would  not  hate  i.iv.r,, 
rest ;  to  just  a  man  he  is,  and  such  a  lover  ^ 
ri^hC  \%iihout  all  doubt:  but  he  was  in  i 
ger,  I  dsre  sjiy  ;  they  loted  one  anotber  I 
to  sue  one  another.  That,  I  say^  geai 
is  another  circumstance,  that  cametli  \ 
in  it.  For  f  must  tell  you,  tliese  thto^ 
not  be  smoiherod,  they  are  as  upparent^a^ 
bght :  and  thoogh  it  lalls  to  my  turn  ui  %h 
cause,  to  rcuiind  you  of  them  ;  yet  they  ore  | 
well  known  to  you  all,  as  the  passages  m  ya' 
own  families. 

No,  gentlemen,  there  was  not  a 
riflfht  in  the  case  ;  it  was  a  desig-ned  pN 
vubny  on  purpoisc  to  alTront  the  govemme 
nay,  to  destroy  it,  and  set  ois  all  tng^rther 
the  ears.  And  if  he  were  ten  tlioussujd  timt> 
Mr.  Papillon,  I  would,  and  must  tell  him  so; 
anr)  tt  it  were  not  for  some  such   devilish  end 

aorpose^  he  would  never  have  been  sil 
r  iJif  an  office  he  had  betbre  declined  and 
or  ;  and  which  he  was  only  called  to 
a  turbulent,  seditious,  factious  party,  that  f 
further  aims*  iti  it  Chherwine,  I  knoirj 
Paptllon's  humour  m  well,  that  1  am  i 
he  would  much  rather  have  be(*n  conft 
sit  in  his  countiug-liou^e,  than  in  Guifdf 
a  .'jcarlet  gown,  Alack-a-day  !  I  know  ] 
Papilloa  knows  how  to  ^endnis  titne  to  I 
ter  advantage  to  himself, 

Ay,  but  say  the  counsel  for  the  defenda 
We  did  go  on  very  tenderly «  and  crvilly,  ikwu 
respecttuTly  ;  for  there  met  at  f^f  r.  Cornish's 
house — Hlio,  f  pray  T  Mr.  Pa  pi  11  on,  and  Mr- 
Dubois,  and  Goodenough,  the  prime  attori 
in  this  cause :  sod  there,  fi»rsooth,  they  ' 
Goodenough,  Be  sure  ymi  do  notliing 
what  is  exactly  accordiog  to  law ;  and  bt  i 


tTATETRlALSv  SfiCuABLEslL  ieu.-^far/atie  Arre$t 


[S79 


ytn  wanw  it  jvwj  ciiiUy  noil  re«pectftiJIy  tft 
m%  kn  JWV'tr  ^iu^l  Mr*  Cioodenoaifb. 
Alnni-daj  !  I  rful  pioiis  ami  iM>ti- 

fhe*T  pL  _  it'Mw  C'omiih  had 

i  Hiayor,  Hsi  it  was  his  duty  to 
An  aidef uiAJi   (wc  kiiow  il'f'uU 


A:!  tti  C4«e  i  liave  a  tniod  to  do  any  particular 
tnan  ao  injury  in  lib  reptitation  luid  biinmeis; 
tlie  business  tnust  not  be  done  downright,  by 
ffoing'  to  every  body,  and  sayiiij^,  Such  an  on© 
15  p»uor,  or  a  begging  and  do  not  tmst  hiui ;  bu( 
I  must  caoninifly  and  sJilv  'mMnuatc^it,  I  am 
veil)  ajEul  said  to  my  lord  mayor,  tbere  weru  \  sorry  for  such  a  man ;  1  beUerc  be  is  an  honest 


ptrvona  at  my  hutia^  tnikin^r  of  nucU  a 

mttca-,  aad  I  c  vou  of  il»  and 

dcsitvyou  won''  f»e  had  bhrnn 

kn  |wety  it"l   /^  juKlieti,  niufh 

aore  iiitliat*  thi  ^uch  cabals  in 

^  b^*'^'        f;M,  vp!!,  as  well  as 

tfwt?  n     I         i    I     -ij  bund  in 

hftOli   i..   _.    .    '--    ..  .  u'a'JUi.    aiid    lucllOU^  busi- 

It  it  t^kin,  i(entktneo,  ivhat  the  desigti  was 
fritm  the  begin nincf  to  the  end  ;  notbintf  but  to 
cuiae  a  Ittiuull  and  conftisiou  iii  the  city,  in 
m\gs  to  (>ut  that  damnod  hcHish  con<ipiracyf 
i«rifietU%tnjrttnn  of  il**-  J^iup^  urid  hi«  brother. 


t&d  e%  cry  roan 

necuiioti.  Tbi 
til;  and  itiat  tt 
peopk  unto  war' 

U£,Df*^  '  ' 

l»be> 


that 


t  and  loyal,  in 
known  to  you 
fM_  such  a  parcel  of 
lofrdherin  this  mat - 
*  "*  fhey  can  pretend 
lo  tbt^  s^vcni- 
■Kent,  t ,  —    ....  bharc  in  it;  no, 

tliey  arci^;  ihaiare  olmoirious  to   rlie 

f»tminrri'  I  uny  band  tu  it;  but  none 

uf  tb«ni  cLuirli  oi  Lii;:!  iad>mcu,  or  friends  to 
ber  aSabtiid^cHl  iv<»r'^liii»;  notorioui  diyacnters^ 
proiigvti*  iltheiiticai  n\\mm  ili^t  herd  toge- 

i»<*n,  is  plain  Kn^lish,  ami  «e- 
sefl    ii\mn  all    tbeiip  accajiioun- 


ri|fht  in  a  legal  coudjc,  or  souse  wqthc  tbing- 
I  dcsijrned. 

H'€  all  knovr  Mr.  Rapillon  to  be  a  wealthy 
i^Mi  able  merchant ;  one  tbai   had  rather 
anded  bis  affairs  abroad,  or  at  the  Ex- 
,  tban  tlie  expensive,  troublesome  othee 
fllf  of  London,  hot  that  soinctliin^  was  to 
►  to  WTiink  a  damned  malice  and  revenue 
tb«  c^ovemmt^nt.      And  snrc,   he  must 
:,  as   his    (lariy   it  seems   ilid,  ttiat  tliey 
I  not  Ue  sulfirient  to  subvert  tbe  jfoum- 
t  tfnW*i  be  could  jjct  into  tbut  office » 
I  tdl  him  ojienly  ;   and  lei   liim  nr  liisi 
make   their  remarks   upon  it  as  tbey 
I^Mi  t  t.i.  t.f^  to  jodjife  wbetber  ihe^ 
i  Im  ^  'ridcDce  ufmaUce  to  sap- 

!   pi.  rJII. 

wa*  i\  a   devilish   mnJice 

I  bit*  bcnr.  «i,  and  be  wanted  im 

•f^ortanity  to  edeci  it ;  und  he  ihont^bt  it  for 
bta  awn  SK?curity  to  be  be>ft  to  take  tbt^  cx)ur»e, 
tB»i  nothing  eUo  wm  In  it.  For  alnmdancG  of 
people  ha«e  a  mirni  to  do  nut^cbief^  but  want 

3\\ior.  \s  todo  it  in:  and, 

n  t  [  hit  upon  a   project, 

thM  kii£]i  iinv  d  xjMHiMuw  (iretence  and  co- 
Irar  of  law ;  for  then  tbcy  think  ibey  arc  iafc 

irov,  X. 


Thia 


man,  but  hoivever  he  oweth  money  ;  and  under 
this  sort  of  snirelltug',  canting,  whining',  sly 
rate,  do  a  man  any  injury  whatsoever :  and 
yet,  forsooth,  be  sball  bare  no  adfankafftt 
against  me  for  it:  I  shall  strike  a  dart  into  mm 
very  heart  of  that  man^s  credit,  and  yet  ho 
have  no  remedy, 

80,  if  1  have  a  mind  to  talk  acrain^t  the  ^o« 
vernment,  I  will  not  do  it  aloud,  and  stjieak  what 
1  mean  openly ;  but  1  will  whine,  and  jiaivd, 
and  cant,  and  make  people  b^lict«  1  ba?o 
dreadful  apnrohcnTiions  ot  nhat  is  desit;;ning', 
and  ytt  not  orin^  rnyijtlf  in  any  dunKer ;  for  I 
wiU  aeap  witlun  bounds  all  thf  white,  tbouifU 
1  do  more  roiscbicl  thuji  if  I  d<'aU  fairly  ami 
above* lioard.  *  Alack-a  day  1^  (as  Mn  Pil- 
kin;^non  said)    *  I  am  for  the  prc^        '        '  f 

*  tbe  hberiy  and  pro|HTlie^  uf  tbe  v  ! 

*  1  am  for   tbe  law;  hut  I  5nd    mi.    Mt^    id 

*  Blran^cly  rnn  down  in  their  rij^bts  and  pri- 

*  vile;.*t3i,    and    Ibere  are  verv     tf'-ti fv    1,1  n- 

*  ceedtnyfs.      And   1  am  a  ti  *? 

*  taken  my  oaih  to  preserve  *'   ^  >f 

*  the  city  ;  and  I  vitll  ratlier  bubuiit  to  Uie  in- 

*  convcnfenrc  of  a  troubltTiome    otnce,    fhaa 

*  let  all  run  thus:*  and  inuoeititttely  be  aet» 
himself  cock-a-hoop,  as  if  thf»re  wer**  no  otwi 
that  took  eare  of  thf^  city  bes  '  '  J 
he  were  Kuch  a  patriot,  that  1  -^ 
bke  btui:  and  He,  and  Mr*  tn»iu j,  and  .ur* 
Cornish,  forwoib,  arc  the  only  mc-n  ot  tbe 
tioic  *'  '^  rd  men;  men  that  are  for 
tin-                             pertir^jof  tluj  subject,  ami 

tile  1.,  ...- i\'.    t^htreasrlu        ir»  tli^j 

only  men  ihat  have  made  an  iiv*  t 

them,  and  done  wbat  they  couM  y 

them  J  and  f^od  knows  we  nn},^ht  all  of  us 
have  enjoyed  very  quietly  c^ery  man  his  own, 
if  these  contesting  rjol»'r^,  and  busy  factious 
fellows,  hfld  tiot  come  nuiongf  o«.  Every  ho» 
nest  man,  I  tell  you,  know«  this  to  be  true. 

Genlienifn,  As  to  ibe  business  concernin 
tbe  Uaiiiiv  ^   .■:■'■'■.  ^  :'■  :  1^,  ■■ .     *  r 
is  left  to  I 

Jfivf  wbat  \*n\  "iii^Mi  tuiTiij;  1)1  uj»"'Ti  hhi  (1  iu\  nc- 

LMi^jion,  It  is  very  tnte,  it  i«  not  so  easy  a 
m alter  to  ascertain  particubu*  ila mattes  in  »uch 
a  case ;  nor  is  it  in  an  ordinary  w^ay  bo  easty  to 
prove,  ihar  because  sir  W  iUi  im  TVifcliurd  waa 
m  prison  but  five  or  «ix  '  •  ,  be  could 

suffer  so  much  damage  ..  •  t^n  tboa- 

sand  pounds.  As  in  the  m^  1  \>'  \  u'  1  l^  it 
quality  and  honour,  it  h  ni  1  -  j  v  i  »  i-  '  '  \n% 
partictdar  dflma*fe :  nor  in  the  t W-  ol  an^  of 
3^ou,  that  arc  wealtby,  able,  sufficient  criizcna, 
to  say  you  are  a  bankrupt,  when  wc  all  know 
it  is  impossible  to  be  irue ;  and  so  no  particular 
'  doth  etiitue  that   can  be  proveil ;  yet, 

if  the  tbiui?  for  which  tbo  actioa  in 
^...u^:;.L  were  designed  wiUi  raalice^  tlwu|fhr 
20 


1 


I 


4 


S7I]  STATE  TRIALS,  3ff  ChablbsII.  l684^-^n«  Gnai  CaaedfMaimpMe9^[tn 

the  ill  teign  be  not  eflected,  that  is  no  thtnki 
to  the  partv,  nor  is  to  weigh  with  you,  but  the 
sialiciotts  design  must  gorern  yon. 
'  Now,  here  I  hare  taken  notice  to  you,  that 
the  malice  of  this  desi^  here  was  not  against 
■ir  William  Pritchardas  such  a  particular  man, 
but  against  my  lord  mayor,  that  this  dan  that 
met  at  Russel's  was  an  oTerflowing  of  that  gall 
or  malice  that  was  in  his  heart 

If  Mr.  PapiUon  had  brought  an  action  upon 
a  bond  onl^,  certainly  it  had  been  notfaine  but 
what  he  might  very  well  do ;  or  if  he  had  pre- 
tended to  sue  for  a  bad  debt,  that  if  he  had 
■taid  would  hare  been  Tost,  it  had  been  some- 
thing :  but  you  see  what  it  was,  and  it  is  as  ap- 
parent why  it  was,  in  that  Mr.  Goodenou^ 
•aid  to  Keeling,  threatening  him  with  the  dis- 

Sleasure  of  the  party  if  he  did  not  do  it ;  and 
ir.  Ooodenough  and  Mr.  Brome  were  such 
■trangers  to  one  another,  that  he  roust  threaten 
Brome  to  complain  of  him,  if  he  did  not  ex- 
ecute his  writs  presently.  Do  they  think  all 
mankind  are  so  dull  or  blind,  as  not  to  see 
through  such  thin  artificial  stuff  as  this? 

Gentlemen,  this  is  tlie  matter :  the  govern- 
ment is  a  thing  that  is  infinitely  concerned  iu 
the  case,  that  makes  it  so  popular  a  cause  :  the 
goT^rnment  of  the  city,  the  honour  of  your 
chief  magiiitrate,  and  indeed  tlie  honour  of  the 
king,  whose  substitute  he  was,  is  concerned, 
and  that  puts  m.  weight  upon  your  inquiry  into 
tlie  damages  of  this  case.  You  are  to  consider 
you  give  damages  to  the  plaintiff,  not  as  sir 
William  Pritchard,  but  as  lord  nnayor:  and 
vour  sererity  in  this  rase  will  deter  all  people 
from  euteritig  into  clans  and  cabals  to  make 
disturbances,  and  alTront  the  government. 

It  ia  a  thousand  times  bcUer  to  keep  within 
their  own  bounds,  mind  their  callings  and 
employments,  and  concern  tbemselveft  with 


their  own  aflTaim,  and  leare  the  i 
of  the  public  to  them  to  whom  it  bdonga,  atti 
ia  tntruited  with.  And  aocordinff  at  we  My 
in  the  law  maidm,  so  aay  I  to  Mr.  PlapittNi 
and  all  the  party,  *  Ad  Coaoiliom  ne  monAm, 
*  antejuam  Toceris.'  And  do  not  be  eousd 
with  maaginary  dangers,  and  gnmndkM  jcft* 
busies,  into  tomnltuonaand  diiorderiy  eouieia. 
You  had  much  better  keep  in  your  oountiBf- 
houae,  I  tell  you  again,  and  mmdyonr  mo^ 
chandize.  my,  and  1  do  not  doubt  but  ire« 
would  much  rather  have  done  ao,  if  tben  Vet 
not  been  some  further  fetch  in  it.  It  wmiis^ 
I  dare  say,  out  of  a  flmnk,  generona  bnaoar  te 
oblige  the  city,  that  Mr.  P^nUon  wwU  hspe - 
spent  his  time  and  monev  in  the  office  ef  eha- 
nff ;  no,  1  know  he  had  Cetterweyi to  enfloy 
both. 

It  was  not  the  generous  mind  of  Mr.  Dalhd^ 
that  called  him  on  to  be  sheriff  of  Loodon,  li 
entitle  him  to  spend  his  money ;  but  en  pv* 
poee  to  be  one  of  the  first,  that  riionld  turn  iB 
things  upside  down  in  the  city,  and  distmb  Ae 
goTerament:  and  they  that  auceeeded  " 
carried  on  the  project;  and  th^tbat  ^ 
have  been  in,  but  could  not,  had  a  : 
doubt,  to  follow  so  worshipful  en 
he  laid  before  them. 

Tlicn  the  Jury  withdraw  to  ooosider  of^Wv 
Verdict,  and  afler  half  an  hour*a  atay,  retuina^ 
and  found  for  the  plaintiff,  and  tmnmA  d»J 
mages  to  Ten  Thousand  Poundif  and  coili  li 
Four  Marks. 

X.  C.  J.  Gentlemen,  you  seem  to  Jbe  | 
that  have  some  sense  upon  you,  and  een 
tion  for  tlie  government,  aiul  1  think  have 
given  a  good  verdict,  and  are  to  be  | 
commen&d  for  it. 


312.  The  Great  Case  of  Monopolies,  between  the  East-India 
Company,  Plaintiffs^  and  Tuouas  Sandys,  Defendant:  Whe- 
ther their  Patent  for  Trading  to  the  East-Indies^  exclusive  of 
all  others,  is  good.^  35  Car.  IL — 1  Jac.  II.  a.  d.  1683-*1685. 

1  HE  East-India  Company  having  a  Patent 
cranled  them  of  the  sole  Trade  to  the  East- 
Indies  exclusive  of  all  others,  commenced  a 


anit  against  Mr.  Sand\s  for  trading  thither 
without  Licence ;  in  which  case  the  following 
Arguments  were  made,  viz. 

SIR.   HOLT'S*    ARGUMENT. 

(Afterwabds  Lord  Chief  Justice.) 

The  Governor  and  Company  of  Merchants  of 

London,  trailing  to  the  East- Indies,  r.  T. 

Sandys,  T.  Mich.  S6  Car.  2.  Rs.  Rot.  126. 

The  Defendant  comes  and  prays  Oyer  of 

*  "  The  six  follovnog  Arguments  in  this 
Grctt  Case,  were  copied  from  the  MSS.  of 
Samud  Pepjs,  esq.  (SecrtUry  to  the  Admi- 


the  Letters  Patent,  which  are  set  forth,  i 
have  declared  and  pleaded. 

To  this  plea  the  Plaintifi  have 
My  lord,  I  do  conceive  the  gen«al  qucstiQaWi:: 
this  case  will  be  this,  Whether  or  no  an  adiioo  S^--  2 
by  the  Company  upon  this  charter ;  for  tet  OT  ~ 
defendant  not  lieinga  member  of  theCoafHir' 
has  traded  into  the  East-  India  without  BoaCi* ' 
of  the  Company  ?  My  lord,  I  think  tiKiu  Bif ' 
be  two  questions  nuide  in  this  case,  fint,  «kv  =^' 
ther  or  no  this  grant  of  the  king  to  the  (Sims'* 
pan;^  to  have  the  sole  trade  to  the  Iiidici»i0^ 
elusive  of  all  otiiers  hissubjecta,  whctfacrtti^ 
be  a  good  grant  ?  Secondly,  aupp^nay  it  li  ll 

ralty)  in  Magdalon  college,  CanlMlg*.  n0 
Arguments  are  of  great  oodooq  to  iIm  fdU 
in  general,  and  to  every  indiridoal  muk,  aill 


J75J  STATE  TRIALS,  36  Churles  11,  l684.— 7^«  E.  I  Cmpmy  9.  Sandy9,  [S7% . 

infidels  are  by  ibe  law  token  notice  of,  aud  ihi 


•  gw)4  fifrmnt,  yet  wbelher  or  no  it  does  rest 
■uch  nn  interest,  bberty  or  franrbli^e  in  tbe 
dMnpmoy^  lluit  an  action  may  be  broa!|bt  and 
aifltfmiuedby  tliem,  a^inst  any  person  tt-ading 
10 tbe  £a£t-'lDdie9  ;  who  is  not  *|aaUtied  by 
llikehsjter?  My  lord,  for  the  tirst,  I  do  hutn- 
Wy  cmc&we  that  this  charter  granted  to  the 
IBUpttny  to  have  the  sole  trade  to  the  Indie* 
noliiititeof  ah  others  is  a  good  grant;  aod^ 
mj  brd,  I  f»haU  endeavour  to  make  it  a}>pear 
to  PC  a  good  grant  ft^tn  these  romiderations: 
fim,  my  lurd,  from  tbe  consideration  <»rtbe 
pescMiithat  are  to  be  traded  withal,  and  they 
m  infiiSelsy  iuhI  not  chrisiians,  8etondly,  my 
lord,  from  the  coosidemtion  of  foreijp  trade 
itslf,  how  and  in  what  nature  by  Vaw,  it  may 
he  rettmined  by  the  king's  ro)  al  power.  And 
10  tbe  third  pUce,  consider  the  cirrumictAnceii 
nd  particulars  of  this  grant  made  to  tlie  com- 
faw  in  this  case. 
lay  lord,  for  the  first,  that  does  relate  to  the 
)  to  be  traded  witb^  lliey  being  infidels 

i  christiani ;  1  do  conceive  that  by  the 

bivof  llie  Iftnd^  no  subject  of  Englanil  can 
tndt  With  infidels,  without  lioeace  from  the 
hag ;  or  al  leant  it  is  in  the  power  of  tbe  kin^ 
tofttlhibit  it,  and  for  this  very  reason ^  because 

either  immediately  or  by  conse- 
j  mnce  trade  is  the  life  of  a  nation  ;  and 
mul  be  of  great  service  to  the  protessors  of 
tbekw,  to  shew  on  what  grounds  and  reasons 
liie  caaa  was  adjudged.  And  tbe  proceedings 
Ml  tJbe€liii9  Warranto  (vol.  8,  p.  1039),  having 
kiea  fittud  uaefiil  to  the  gentieroen  of  the  la«v^ 
iillia leaami  why  the^^e  Arguments,  (though 
ttot  iO  properly  a  Trial)  spoke  by  some  of  we 
gretteil  men  that  ever  appeared  at  tbe  bar, 
uthere  inserted.  The  Arguments  of  Holt, 
Finch,  Pollejcfcn,  and  lawyer,  are 
Ely  abridged  in  Skinncr^s  Reports. 
IrgUDienti  of  Mr.  IrVilliams,  and  tbe 
rbief  Justice  JeflTeries,  are  not  meotloDed 
ere/'     Note  to  former  Edition. 

8ee»  tlao,  2  Sliower's  Rep.  366 ;   and  the 
tefbred  to  id  Mr,  Leach^a  edition  of  that 


Amotig^  the  MSS,  of  Ovren  Wynne ^  in  the 
libriry  of  All  Souls'  College,  Oxford,  is  a  re- 
prt  of  the  Argiiments  in  this  Case  of  Holt, 
Tr^y,  Pinch,  Follexfen,  and  Willianas.  In 
Hot  report  tliere  are  not  inserteil  any  obser* 
mioaa  from  Jetferies  at  the  clof^of  Folleicfen's 
iifaoient,  nor  is  there  at  the  conclusion  of  tbe 
vliole,  any  mention  of  the  Judgnieot,  The 
unnffemeot  of  Pollexfen's  reasoning  is  some- 
vhatoifferently  exhibited^  and  the  arguments 
flf  tiie  other  counsel  are  reportetl  with  some 
*irbil  variations  of  trivial  importance  from  the 
itpott  to  the  text.  To  Pollexfen's  Argument, 
il  there,  as  here,  preti.tetl  a  reciul  much  at 
icQfdit  ol*  the  Declaration  of  the  PlaintiFs. 
(k  tbe  whole,  the  report  in  the  teirt  is  much 
bsie  full ;  aod,  as  it  seems,  better  arranged 
1^  Owea  Wynoe^s,  which  contains  not  Ibe 
Iq^mnmlaf  ar  Robert  Sawyer,  tbe  occasiooal 


law  bath  adjudged  them  to  be  jierpetoal  ene-^ 
mies  ;  the  law  hath  set  a  mark  upon  theiOy  and  j 
they  are  u<«ed  as  all  other  enemtm  are.     An<|j 
so  7  Rep.  17.  0,  lite  exprejis  words  of  my  ion 
Coke  are   ia  Cnlvin's  case ;  sayii  he*  inBdelSM 
are  perpetual  enemies.     Reg.  '2B5.     That  sett 
forth  the  writ  of  protection,  that  was  given  tog 
the  prior  and  brothers  of  the  boRpitaf  of  8t» 
John  at  Jerusalem,  that  it  v?b»  u»etl  for  tIteJ 
defence  of  tbe  church,  *  contra  Christi  et  ona*d 
*■  niam  Christianorum  inifnieos^*   1'^  H.  B*  4.| 
If  a  man  do  beat  a  uniti  oullawttd,  a  traitor,  orj 
a  pa^n,  and  they  bring  an  action,  be  rnavj 
plead  \m  being  a  pagan  ;  and  in  abatement  ofl 
his  action:  I   mention  this,   my  lord,  to  shew  1 
what    opinion  the  law   ha,s  uf  these  ]»eQpIe,3 
juflging  of  them  to  be  enemies  as  they  are  iu«>| 
tidt^ls;  and  ihr  that  reason  has  exekiAed  them 
from  the  benefit  of  the  law,  and  the  common 
justice  the  nution  affords :  and  fitmi  that  it  may  be. , 
inferred,  that  since  the  law  bath  excluded  tdctui 
trom  common  justice,  surely  the  law  will  no 
allow  an  intercour^  or  intimate  eorrespoi)d*3 
euce  with  such  persons  to  the  subjects  of  Eng-^ 
I  find.     And,  my  lord,  this  is  grounded  upon 
the  care  that  the  government  hath,  or  ough 

o|]iser%  attons  of  the  Court,  or  the  conclusion  i 
the  cause :  an«l  it  exhibits  Pollexfcn*s  Ar;fti*] 
ment  less  correctly  and  less  intelligibly. 

This  Case  is  brieBy  noticed  in  AnderavmH 
HiRtorical  and  Chrotioiogical  Deduction  oft 
Origin  of  Conunerce,  vol,  2,  p.  566,  edition  i 
moi.     What  is  there  said  of  it  is  thus  coo^ 
eluded: 

"  Lord  Chief  Justice  Pollexfen  laboniTd  no 
unsuccessfully  to  prove  the  Company  to  be  1 
true  monopoly,  ana  Sandys  to  he  mnocent,  m 
the  Company  was  not  established  by  any  ac 
of  parUanieut.     Yet  the  king's  prohihiiiou  Ib^l 
tbe  ship  not  to  sail,  obliged  Sandys,  after  MM 
year's  suspence,  to  sell  olt  bis  ship  and  cargo! 
with  great  loss.    The  ships  and  goo«l3  of  somO| 
other  interlopers,  an  they  were  then  style'^ 
were  rd&ewi«>e  ^ei^^ed  and  contiii^catt:d  in  the  fo|« 
lowing  reign,  in  the  years  1^8G  and  lOSf  ;  bu 
they  took  out  no  licence  from  the  CompanyJ 
AM  which  was  decided  against  the  spirit  and 
maximfi  of  our  common  law,  partly  fur  sup- 
porting a  lawless  prerogative  in  the  crowo 
which,  under  a  lietter  monarch,   six  year 
after  this  time,  was  agreed  to  be  legally  dii 
claimed.^* 

As  to  the  king's  prohibition  here  mentioned^ 
see  2  ShoAver's  Rep.  902.  Roym.  488.  S«^mo 
particulars  respecting  the  East  India  Com- 
pany's  Com  plaints  again^it  Interlopers  are  given 
bv  sir  Richard  Bulstrodc  iu  hrs  Memoirs,  He 
also  notice*  the  grounds  of  Jefferies's  Judg- 
ment. 

See  the  Arguments  in  tbe  Case  of  the  Con_  ^ 
puny  of  Merchant  Adveoiurers  against  Rebow^ 
3  IMod.  Rep.  136,  and  the  books  referred  to  f^^ 
Mr«  Leach'^B  edition  of  that  work. 


875]  STATE  TRIALS,  36  Charlbs  II.  l684.— 7»f  Great  Case  of  Manopolk$:  [STB 

snbjectji  uf  England  have  rifi^ht  to  such  a 
forei^  trade,  that  they  can,  ad  libitum^  trade 
without  any  contruul ;  and  I  conccire  they 
bare  not. 

First,  my  lord,  I  conceive  that  the  liberty 
and  riifht  of  a  foreign  trade,- depends  upou 
a^rrecment  and  contract  with  tbrei*?n  princes, 
in  whose  i'x>untry  the  trade  is  ;  and  if  so  be  it 
do  depend  upon  agreement  and  amity  with  the 
prince  ;  then  have  not  the  subjects  of  Enghnd 
snci)  an  uncontroulable  right  of  trading,  be- 
cause it  depends  upon  the  accidents  of  peaee 
and  war  ;  which,  if  there  were  such  a  right,  it 
coidd  not.  SO  ch.  Magna  Charta,    *  Umnci 

*  Mercatores,  nisi  publicc  antea  prohibit!  fiie- 
'  nint,  liabeant  salvum  et  secnnim  condncton 

*  exire  de  Anglia  et  venire  in  An^Haro,  et  mo- 

*  rari  et  ire  per  Angliam  proeterquani  in  (eni- 

*  pore  guerra!.^  Then  he  cocs  on  further,  if 
there  ha]»peu  to  be  war  with  a  foreign  prince, 
and  the  kingdom  of  England,  and  the  mer- 
chants of  that  country  be  found  in  England  ; 
this  shews  that  war  is  an  interruption  of  tbt 
commerce.  12  II,  7,  ch.  6,  my  lord,  that  sta- 
tute recites,  that  the  merchants-adventaren 
inhabiting  within  the  city  of  London,  and 
divers  parts  of  England,  liad  free  passage,  &e. 
into  djvfcrs  parts  of  Spain  and  other  places,  that 
were  in  league  and  amity  with  our  kingdom 
and  sovereign  ;  so  that  it  appears  that  league 
and  amity  is  the  foundation  of  commerce. 

St^Mcii,  in  W\.i  Mare  Claiisum,  says,  therigfala 
of  trades  arc  founded  on  the  covenaota  of 
]>rinces.  Wl/at  is  the  reason  ?  Lest  the  man- 
noi:t  and  morals  of  the  people  should  be  eor* 
ruptcd  by  the  example  offon'ign  nations.  My 
Inid;  2  KoUs  Abr.  214,  mentions  the  parlia- 
iiioi.t-roll  of  1  li.  5,  wherein  it  is  said,  That 
thr:  Cuinmuns  did  petition  the  kin^  that  the 
niorchrints  of  Koglund,  payiuf'  th^  cnatoma  ' 
an<!  (iilior  du  ics,  mi^^ht  iiavc  libeity  to  export 


to  have,  by  the  constitution  c»fthe  government 
itself,  of  the  christian  religion,  which  1  con- 
cciTe  is  the  main  end  of  government.  The 
profession  and  preservation  of  christianit}*  is 
of  so  high  a  nature,  that  of  itsi'lf  it  supersedes 
all  law :  if  any  lau  be  made  against  any  point 
of  the  christian  religion,  that  law  is  iptoj'ac to 
void.  Uh^'?  liecause  it  is  made  againi>t  the 
prime  anil  origiual  end  of  government.  If  the 
king  conquer  a  christian  country,  their  law- 
continues  till  it  be  altered  by  the  king  ;  but  if 
lie  con(|UPrs  a  pagan  country,  the  law  ceases 
ipso  facto  to  Ik*  law ;  for  the  law  of  infidels 
is  contrary  and  repugnant  to  the  chrjsiiau  re- 
ligion. VVhy  then,  if  the  cliri«<tian  religion 
have  the  pre\'alence  in  chn!i«tiun  countries, 
there  must  be  some  means  provided  by  the 
law,  whereby  the  king  may  nave  a  power  to 
preserve  it :  and  there  is  nothing  more  dan- 
gerous to  thf  right  religion,  than  for  the  pro- 
fessors of  that  religion  to  have  commerce  witli 
pagans ;  we  read  how  the  chihlrcn  of  Israel 
were  perverteil  from  the  litie  religion,  by  con- 
verse with  the  nations  roimd  about  ihem,  in 
the  I^M>k  of  Juiiges. 

And  Groli»is  I>e  Bello  et  Pace,  1.  2.  c.  IS 
parag.    li.  says,   *  (.'avrndiim  e!*t  enim    ne 

*  niniia  coiiiuiixturatio  contniriuni  adfuui  in- 

•  tirmis,  'piaiii^bri'ui  utile  crit,sedes  disiiugui 

*  si<*nt  Isrurlita.'  soisrsiin  ah  .'Kgyptii*!  habita- 

•  niiit.'  The  go»oiiinj<nt  is  to  iak<M'are  that 
there  is  nut  an  infix  tion,  by  corrLspondcnce 
with  inhdrls;  m\  l«iril,it  is  not  to  be  doubted 
but  that  tlic  kiui;  is  lu  liate  a  cure  of  iht;  ciiris- 
tian  religion,  l.i  ol:l  tiinrs  of  popeiy,  Jirac- 
ton,  lili.  '2.  rli.  ,'1.  tlu-  Vhvj;  ol  iit.-bud,  Kays 
he,  i:j  •  Dei  niii.l>Ur«t  xiiMiius.'  Ia  3.  vU. 
Unuton,   *  Jus  jj'iMuuin  ist  (HuhI  ail  sUitimi.' 

This  is  Iduked  ):|).>ii  to  h'!  )i:iit  of  ihc  Jus 
piibhrnni,  the  car.;  oi*  rcliniMi  and  saered 
tiiin-^Sjaml  ih«*  projnigation  tlitrcof ;  why  then, 


my  lord,  if  this  ho  imo,  llieii 
the  king  to  take  care  aiul  lUsi  hUro\al  aut 
rity,  to  prevent  all  his  suhjecis  froinLcing  [»lt- 
▼eftctl.  My  lord,  I  think  it  is  plain  by  th<- 
writ  of  Nc  exeat  livgiiuiny  that  sa\  s  thJ  king 
may  pi-obibit  any  person  from  gi>i'iig  bow)n(l 
Sl^a.  U'hy  ?  For  the  •kljiice  of  llii*  loahn  ; 
that  is  a  sutPu-ient  reasi»ii,  it  is  not  in  tlicnower 
of  the  party  to  litiu^ate  it  witli  ihit  kinir,  but 
he  must  submit.  .\<.\\  al\>a\s  nli'^Ioi:!^  fir.>t 
to  bi?  regardtti ;  stroKily.  tlie  ,li-fe:io<:  oftho 
kingdom  ;  and  iMr.liy,*^  ih;»  Hide  thtrf<if. 
Now,  iny  lohi,  th;;  s'nlij  ots  of  a  rhrisUr.u 
prince  iToing  to  ira(h>  wiiii  liitulrl/:,  m'm-^  in 
their  c«»nijiany,  tliat  may  he  daMuvusu>  Ij  tho 
Rti:le  aiid  i'4:!;giun  ;  so  thai  it  uinsl  ne<'essariiy 
he  iu  the  power  of  liie  king  io  controni  it.  ilofi. 
C:l7.  Courtei^rs  easr,  it  was  uiljndgtrd  that  an 
inionnatiou  did  lie  at  the  common  law,  liefore 
any  statute,  against  any  ]iers  iis  that  should 
transport  coin,  bcraiiie  it  is  ag-ainst  the  policy 
anil  state  of  gov('iH\tucnt  that  m.inc'y  shuuld  be 
tran<:poried ;  now,  if  it  be  against  the  policy  of 
statu  to  trade  witli  hititLls,  by  the  same  reason 
that  ought  to  be  restrained .  )  u  the  next  place, 
1  will  consider  forei^'^*  *»'i<;^  and  whether  the 


it  is  la\>ful  tur  I  lln-ir  goods  to  a;>v  place  or  country, 

i 


notwitb- 

siaiifliiif^aiiy  proclamation  to  the  cM>ntrar}' :  and 
t!ie  king  >ayij,  lie  will  be  advised,  he 
aiivise  with  his  council,     j^ly  lord,  froin 
lime  to  this  it  appc^urs  that  there  waa  no 
pl.'iint  of  the  king's  proclamation  as  illegri, 
that  tiid  prohibit  their  trarle  ;  but  they  ouhf 
pray  that  he  would  make  an  alteration  of  tbs 
law.     Hut  there  were  several  proclamatioBai^ 
that  timi:  to  restrain  the  subject  from  tradil|^. 
with  foHMgners  ^therefore  they  desire  he  irotH^ 
consent  they  might  trade)  ;  but  the  king  te_: 
that  cas'!  did  think  fit  to  part  with  his 
but  gives  the  usual  answer  in  such  case 
lord,  in  the  next  place  it  is  necessary  fdr 
king  to  have  power  to  restrain  a  foreign  tiadj^>> 
because^  a  forei"^  trade,  as  the  case  may  W^ 
may  be  very  inconvenient  and  roischierpM  v 
for  It  is  well  knovtn,  that  if  so  be  the  irap 
tion  of  foreign  commodities  do  exceed  the  < 
portation  oi  domestic,  that  trade  is  ratbar 
grievanf*o  than  a  benefit ;  so  it  is  ni#,  -%  II 
:3i!6,  ami,  my  lord,  there  has  been  sui"  ' 
apnearance  of  this  matter  of  late  days. 

My  lord,  the  importation  ot*  Irish  cattle, 
the  18th  of  this  king,  chap.  2,  was  C    '  "^ 


J]  STATE  TRlAtSv  5(JCflARLESII,  l684,— 7*f  E,  /,  Company  «.  Sanitfs,  [5/8 


frain   i 
4e  )odfiiM»t»t   Aii 


L«5^' 


why 
s  not 

i   come  to 

I  th:in  ad- 

njro- 

.        *rt  his 

,  he  kiAS  n  |)ciwer  to 

luUy  when  wt?  lisiFe 

lUe   |isirlinrrteiit,  by   whom 

\%evt\  <Um  Lifrtl  to   [>e  imi- 

lii  tlic!  rii^fc  of  the  Ule  of" 

tli>it  vviiH  iij:i»te  roncern- 

s  time  j  [\\iit^  waft  o 

■    '^  Irtifin 

-  thf 

,  .li  the 

rit  thoLi<;li 

rd,   when 

iTinayance 

11  vt'.  ifthe 

Mti  tlicin.     But 

iilfiliun  oftiradr, 

and  it  is  only 

i  that  ti*ad*?»  to 

fruit*  under  the'  ;^- 

>>  do  :  ind  I   think, 

''    I  ir  this  com- 

i'li«lrr»d  Ji  trade 

■    r^f  of  these 

j1  unity  to 

_,    u  interfere 

i  iiiti  the  Com  - 

idd  not  trade  ; 

vvilJ    be  made 

inftt  plea.  My 

I,  that  the  sc^i 

-^  to  part  with 

'  ;  which » 

I  cannot  he 

i>%  wnuUI 

rds  to  he 

itr:  <M  M  stiaitit,  you 

e  iiherly  cd'tidde  Ui 

'  '  *    no  meichauts. 

i  g'ne  to  it  IS 

II"  of  the  «ta- 

1   wilhoul 

tint   what 

I   IN,  that  none 

111   for  tmviLfa- 

u*u»,  that  j««,   ufien 

so  I  ininit  cninjiajN? 

u  :J0  eh.  *  Dm- 

aitfa  prohdiiti 

<  I    Htrcnnno  con- 

t  vcttii'e  in  VrK^hnni, 

"  '  •'    *    thry  have 

wiihmrl 

U   in    ihc 

ir  to  bo  taken 
idc  rndeiiviNnfi 
to   this  r^iic  ; 
"^  ke  it  out,  thai 


litlkWMMf.ii    let  voiir 


inBcteb,  but  ihe  trade  was  drove  with  ChrLs^ 
tians :  ivTi  '    V    e  was  not  surh  a  tradf 

had  Mt  Hi  ilstahitc,  wi^  must  not 

esciend  tSiL  i..i^  i^.  ni*-.  ^a^e,  which  differs  fVoni 
the  reason  of  trade  in  other  casesi.     That  there 

W8S     nnf^''       ^     lliiiik     niii>i':irH     nLiinlx'     \i\'      Imk. 

tnry  ;   H  ., 

*  whcreii  ,  cf 

*  trade  was  in  Hoiiarid»  I'urtUf^l*  Ace.  now/ 
says  he,  *  men  not  hcin^f  content  with  those 
\jonrncys,  they  have  sonjjlit  oat  the  East  and 

*  West- Indies/ and  have  made  now  and  then 

*  suspicious  voyages/  And  it  a|*[^»e;Ar/^  by  the 
statute  of  H.  7*  that  I  mentioned  beloitr/  that 
th«^  fide  of  England  coni^islcd  with 
ne:'  ,  »nd  so  the  trade  wm  at  the  time 
of  I                 :  of  this  Stat  ute« 

3  !o  observe  at  to  the  case  I  tt^ 

poUi ,.  ..-..,  when  the  Comoioini  did  pMilion 
Ihe  king,  that  they  might  have  liberty  to  tmdc 
iKii^^  ith^tanding^  any  )iroc!amation,  Itolls  Abr. 
^M,  they  were  not  of  an  opinion  at  that  time, 
that  this  statnte  did  extend  to  m^chanlSf  to 
C:ive  ihem  liberty  to  trade  every  wheve  at  tlieir 
wiW  aad  ph^aiiure  ;  if  they  had,  they  would 
have  insisted  n|»on  it,  and  urge«l  it  to  the  king^, 
that  whereas  tliere  was  a  »<mtuie  gave  them 
free  h  belly  J  therefore  desire  the  law  might  be 
ub^rred  :  but  they  do  not  deny,  no,  they 
tacitly  acknowhtlLTethe  kin^  had  such  a  power. 

My  (ord,  it  dueti  appear  what  the  ancient 
trade  of  Eng:ltmd  whs  by  the  customs  ;  fi>r  at 
the  common  la^v  there  win  no  custom  but  in 
three  thittjLT*,  wool,  n  oolfell  and  leather  ;  these 
are  the  cu-itoms  that  were  due  to  the  kin^  by 
common  )aw  :  indeed,  there  was  fhrei^ 
custom,  but  liiAt  was  for  a  foreij^Ti  c^rnmo<lity, 
and  was  prize  ;  Dyer  1(35,  2  Inst,  5 '2,  and  '13. 
Davi^,  Rep,  8. 

Now.  my  lonl,  tf  so  be  the  trade  of  the  ii*«, 
lion  had  toiniisted  uf  other  commodities,  it  may' 
be  snpi>o«ed  there  would   have  been  eastern 
paid  lor  them  ai^erwards  ;  in  Kd.  3rd'8  time, 
when   new  tnidcs  were  introducefl,   we  find 
act^  t)f  1)4 rl lament  made  for  raising  new  cus* 
tiini ;  tnerclbi-e  bince   no  custom  was  paid,  but 
these  ancient  customfi,  we  may   supimse  the 
trade  of  the  nation  mostly  coiisi^tetl  of  thos« 
commoditieti.    Fitzherhert,  Nat.  Br,  85.    Dyeif. 
163-     Alerchdots  as  well  as  others  may  t»e  pro 
hibited  from   ifotngf  out  of  the  land,  or  anl 
pei'son  wliaUoevcr;  and  Davica,  Rep.  fol.  9,1 
l^ives  one  reason  why  t!ic  king  did  j^ermit  th 
iiierchanis  to  irade»  tvhen  it  was  in  Iiih  powt 
by  writ  of  Nf  tuftit  Kr^'/*«wr,ora  proclauiaUon 
to  put  a  slop  to  them. 

My  lurd,  in  many  cases,  when  the  dcnnp 
an  act  may  l»e  to  the  public  detrinuut  the  kin| 
hath  powtr  lo  re!<(tiain  it,  and  it  cannot  be  don 
without  the  king*:*  licence :  Co,  Lilt.  foK  5.  a  ' 
p^nlijcct  cannot  bnitd  a  castle,  or  other  tbrtrets 
defeubible,  i%ah<oiv  licence  of  the  kin^" ;  why* 
l>ecdiLse  it  lutty  ht/  dangerous.  ^Vhy  ihen 
should  a  subject  trtidc  with  an  infidel  country^ 
without  licence  tW*ni  the  knit;  ;'  for  b^^  tradii 
with  infideU  they  tfudanger  their  rehgio 
And,  theretore^  as'il  requires  licetic«  to  b«ild  i 


3792  STATE  TRIALS,  96  Charles  li/l684.— 7«e  Greei  Can^lUhmapolki:  [380 

companv,  then  tbey  trade  oiit  of  tlie  gorern- 
mept  or  Englaod,  and  out  of  ita  protectioo. 
Thia  Company  ia  incorporated  and  made  to 
have  the  goremment  of  this  trade ;  Ihey  bemg 
cbriatianay  no  question,  are  to  Uke  care  of  the 
christian  religion ;  and  to  take  care  that  their 
agents  and  iiuitora  that  trade  under  thia  oonati- 
tution,  keeu  up  to  that  religion  th^  prafeas  ; 
but  certainly  it  is  quite  another  thing  whea 
people  trade  of  their  own  head ;  there  they  con- 
vene only  with  in6dds,  they  cannot  havft 
divine  officea. 

My  lord,  it  has  been  objected ;  Oh,  but  aav 
they,  if  the  king  give  a  licence  to  dome,  thoogm 
they  cannot  do  it  without  the  kinff'a  liceno^ 
yet  the  king  having  dispensed  wim  thia  law, 
this  dispensation  shall  have  an  univenal  infla- 
enoe,  and  five  licence  to  others. 

My  lord,  it  seems  to  me  a  veiy  strangn  in- 
ference; they  acknowledge,  that  maks  Uua 
objection,  that  without  the  long's  licenoey  b^ 
vond  what  it  is,  where  the  king  hath  qualified 
nis  grant  solely  to  the  company  and  thor  &ie* 


castle,  though  a  man  otherwise  might  lawfully 
do  it  upon  his  own  ground ;  so  for  the  same 
reaaon  does  it  to  trade  with  infidels,  9  Rep.  87. 
b.  2  Inst.  199.  A  man  cannot  inclose  his 
cround  to  make  a  park  without  liceuce  of  the 
king ;  in  that  case  he  takes  nothing  from  any 
body,  but  such  inclosing  and  turning  proAtable 
ground  into  a  place  of  pleasure,  may  be  of 

Sublic  consequence,  and  therefore  cannot  be 
one  without  the  king^i  licence,  11  H.  7. 
S3.  If  two  men  pla  v  at  sword  and  buckler,  and 
one  kill  the  other,  that  is  telony ;  but  if  they 
play  with  licence  of  the  king,  that  is  not  fHony ; 
ao  that  the  kiujg^  hath  power  to  prohibit,  and 
by  his  command  make  tliat  umawfu),  that 
otherwise  would  be  lawful.  For  the  kin^  may 
command  a  man,  by  his  writ,  to  stay  m  the 
kingdom,  and  if  he  go  contrary  to  the  king's 
writ  or  proclamation,  in  that  case  the  ku^ 
may  seize  all  his  lands  for  the  contempt,  as  in 
the  case  of  sir  Francis  Inglefield :  so  that  as 
the  kin^  may  govern  the  trade  of  the  nation  in 
regard  it  may  be  mischievous,  the  king  may 
hinder  it,  wnen  it  will  be  apparently  mis- 
chievous. 

In  the  third  place,  I  shall  consider  the 
Grant ;  and  the  Grant  hath  tliese  things  in  it ; 
It  is  a  grant  to  a  company,  that  they  and  their 
children  shall  trade  to  the  Indies,  notwithstand- 
ing any  statute  or  diversity  of  faith  or  religion ; 
and  that  they  should  have  the  sole  commerce 
and  trade  there.  There  is  a  prohibition  to  any. 
of  the  king's  subjects  to  trade  there  without 
licence.  Now,  my  lord,  this  grant  I  take  to 
be  good  ;  for,  my'lord,  though  it  may  not  in 
itself  be  lawful  without  the  king's  licence,  yet 
it  is  iu  the  power  of  the  king  to  make  it  so. 
And  for  this  reason  can  the  king  make  an  alien 
a  denizen. 

The  reason  of  the  law,  why  an  alien  is  uuca  • 
pable  to  purchase  lands  here,  is  because  it  is 
against  the  )K)licY  of  the  land  for  to  suflfcr  a 
foreigner  to  come  into  England,  and  enrich 
himself  with  the  lands  and  ^roods  of  the  king- 
dom, yet  the  king  may  cure  this  incapacity  ; 
but  notwithstanding  he  l>e  made  a  denizen, 
yet  does  he  remain  an  alien  still,  and  subject  to 
that  prinee  from  whence  he  came;  Dyer,  3 
ch.  B.  So  that  notwithf^nding  it  uiay  be 
dans^rouB  for  an  alion  to  have  land,  yet  the 
king  14  entrustfHl  with  it,  and  c  may  give  this 
alien  lilicrty  to  purchase  land. 

My  lord*,  it  is,  as  [  have  observed,  unlawful 
to  transp4irt  the  coin  of  England ;  yet  the  king 
may  give  leave  to  transport  coin,  as  there 
is  a  prccedi-ut  :i  Car.  1.  of  a  licence  to  trans- 
port 10,CK>0/.  So,  my  lord,  tor  the  trading 
witli  infidels,  though  in  itself  it  is  against  the 
policy  of  the  government ;  that  is,  for  the  sub- 
ject tu  have  an  uncontroulable  liberty  to  trade 
at  their  pleasure ;  yet  the  king,  who  is  entrusted 
with  the  administration  of  the  government, 
may  give  authority  to  do  it.  And  there  is  a 
great  deal  of  difference  between  trading  in  a 
company,  and  trading  out  of  a  company :  if 
they  trade  iu  a  comuan v ,  they  trade  under  the 
goTeDuneDtof£nglwids  if  they  trade  out  of  a 


tors,  they  would  have  it  extend  to  all  the  peoulo 
ofEns^d.  I  think  it  is  the  tirat  time  that 
ever  the  king's  licence,  or  authority  that  1m 
ghret,  shouldbe  extended  beyond  itidf.  J3nt» 
my  lord,  the  great  objection  will  be,  that  thia  ia 
a  monopoly,  and  therefore  the  fSTf^t  is  void  kk 
law ;  with  submission,  1  think  it  is  none  ;  and 
1  hope  1  have  said  something  already  to  piofa  il 
to  be  none,  and  it  does  not  come  within  tha  da» 
finition  of  a  Monopoly,  3  Instit.  181.  A  ■»• 
nopoly  is  an  institution  or  allowaaoe  of  tba 
king,  "by  his  grant,  commission  or  otherwiM^  la 
any  person  or  persons,  bodies  politic  or  corpo- 
rate, of  or  for  the  sole  buying,  selling,  making, 
working  or  using  of  any  thin^ ;  whmby  any 
peifion  or  persons,  bodies  politic  or  corn — '' 


are  sought  to  be  restrained  of  any  lice 
liberty  that  they  had  betbre,  or  hindered  in  their 
Utwful  trade:  restrained  of  the  freedom  tbcj 
had  before,  thai  I  thmk  they  cannot  make  001,. 
that  they  ever  had  any  such  freedom.  Thegf 
cannot  make  out  that  they  were  in  posse winB 
of  this  trade  before,  therefore  this  charter  doaa 
not  restrain  them  of  any  freedom  they  had| 
then  say  they,  it  hinders  others  lawful  trada. 

My  lord,  1  have  made  it  appear,  that  Aa. 
trading  with  Infidels  without  licence  of  tha  - 
king  is  not  a  lawful  trade.    But  to  go  farther^ 
thougli  the  proof  lies  on  their  side,  they  ha?iB|f 
the  affirmation ;  yet  I  hope  to  give  such  evi- 
dence, as  is  even  as  much  as  can  be  exptcHi 
in  any  case.    In  the  43d  of  queen  ElizsMtbi » 
parliament  was  sitting  at  n  estminslei^,  and  aft 
that  very  time  there  was  a  charter  mntcd  tt» 
this  Comnany ;  and  a  charter  that  had  thea* 
very  wonls,  of  having  the  sole  trade  excluLf*^ 
of  others;  and  there  had  been  another  ch 
granted  before  of  havinfi^  the  sole  trade, 
of  the  oueen.    Now,  in  Uiis  jiarliament,  4Sd  i 
the  saiu  queen,  the  parliament  fell  very }  '^ 
ously  against  Monopolies,  and  brought  ia  ' 
great  catal^ue  of  them.    But,  my  md,  I^ 
observe,  that  in  allthecatafogne,aadinalld 
dabatea  of  pariiamaat  at  that  tima,  fkmAm 


ssj^H 


Miitefd  «C  llie  Eftil-lDdii  com- 
MT*t  dMitaTy  Mlb«r  «f  ttie  cbarti*r  of  the 
irn  if  iteifiiMB^  on-  ^  tbe  ebtiier  of  that 
1«j  pilltflUfl  i  nfty,  ther"  ^  -K-t  -'^  !i>>?ch  ai« 
paite  itia^ii  itf  the  ch  uny 

filar CMBMijr*     My  lord,   l  ;.  om  a 

Im^  iImH  » lately  come  out,  T<  ^  Col  - 

^oc  b  ibtt  wbole  cat&l(vu(^  of  MonopoUes 
mk  liw  liill  dcbftte  of  Iheui :  bul  iis  Ibr  uny 
of  r(»r]K>r:^tioa^»  tttougb  there  were 
'  at  lluit  timt^  there  U  not  the  least  €oni- 


STATE  TRIAIA  3<»  CliAfiLES  n,  l6S4.— 7%r  JE.  f  Cmpany  v.  &in<fy«.  [^ 


excluding  nil  others  i  ist  of  Jan,  34lh  of  the 
ctQcen,  A  charter  ^nintei!  to  the  Turkey -com* 
pony  :  5lh  Jiityt  27  th  of  the  queen,  there  wei« 
letters  patents  granted  U>  certain  noblemen  and 
^n  tie  men  to  trade  into  Barbary,  and  that 
during  twelve  years  none  should  trade  there, 
but  they,  dieir  agents  and  assigiis :  fiOtli  Eliz, 
a  patent  made  to  the  merchants  of  Exeter  to 
have  the  sole  trade  to  rirers  of 

in  Guinea :  S4th  of  thequeen^ 
another  patent  to  Gregory  and  Pope,  t«>  have 
the  sole  trade  to  Guinea*    My  Jora,  all  tliese 

1  havi!  DOW  quoted,  I  have  caused  to  be  em- 
mined  on  the  Rolls,  and  are  to  be  Found  there  : 

2  Brownlow,  296,  there  it  was  held  by  my 
lord  Coke,  that  no  subject  ought  to  trade  to  an 
infidel  country  without  licence  of  the  king,  fbt 
fear  of  being  perverted  from  the  Chnsdan 
religion ;  this  my  lord  Coke  saj'S,  and  he  sayg 
he  had  seen  an  ancient  precedent  of  a  licence. 
More,  ^75,  Darcy  aJid  Allen.  Justice  Dod- 
deridge  (that  I  think  was  only  then  Serjeant) 
argiies  against  the  patent,  but  be  did  agree  that 
a  grant  to  a  company  to  have  the  sole  trade 
with  infidels  is  a  gooa  grant,  and  the  king  by 
bis  prerogative  might  restrain  his  subjects 
from  it :  he  admits  a  patent  for  sole  printing 
wasgt)od;  why,  because  the  public  was  con* 
cerned ;  my  lord,  the  parliament  of  lale  time 
have  been  so  far  from  looking  upon  the  East» 
India  company  ^o  be  a  monojiol y,  that  they 
have  declared  it  to  be  for  the  good  of  the  king* 
dom  ;  14th  of  thinking,  chap.  21,  in  the  pre* 
amble  it  is  reciteiL 

Now,  my  lordi  I  hope  I  have  made  good, 
that  the  king  has  this  power  both  by  prece- 
dents, by  authorities,  and  opinions  of  lawyers  j 
and  also  the  judgment  and  the  opinion  of  th# 
parliament :  and  that  it  was  never  condemned, 
and  so  I  conclude  this  first  point  The  second 
point,  my  lord,  in  the  next  place,  which  I  shall 
be  very  short  u|>on,  f(>r  that  it  will  be  conse- 
quential to  what  I  have  endeavoured  to  prove 
before ;  that  is  supposing  it  to  be  a  good  gmiiti 
whether  if  any  persuo  do  trade  to  tue  damage 
of  the  Company,  it  Ls  a  good  ground  for  au 
action. 

First,  1  do  think  the  Company  have,  and  it 
is  very  plain  they  have  an  inneritance,  and  it 
is  a  franchijie  and  liberty  they  could  not  havt^ 
unless  they  had  the  kiiig^s  grant,  and  others 
excluded  from  it;  then  it  does  agree  with  all 
the  cases  of  this  nature ;  wherever  the  kin^ 
grants  a  franchise  to  ont:,  and  ani>ther  person 
violates  the  franchise,  the  king's  patentee  may 
have  an  action  of  the  case,  against  the  penHiii 
that  does  iolertere  or  violate  the  franchise : 
n  H.  6.  U.  11  H.  4,  4r»  HUppcwinglhekiiif 
grant  a  man  a  ftur  or  market,  if  any  man  set 
up  another  fair  or  market^  thouglk  with  the 
liretice  uf  the  king,  yet  be  that  has  the  gtmbl 
shall  have  an  action.  Now  the  Cast'lndiie 
Company  are  to  be  at  great  charges,  iiay» 
there  is  a  trust  reposed  in  them,  that  they  nhall 
trades  and  carry  od  Chit  (rade  for  the  good  of 
the  ComiNiny;  so  ihattbey  are  pul  lotu  a 
trade,  and  are  obliged  tO  carry  it  an.    TtM 


My  lord^  between  th*  43d  of  the  queen,  and 

^  iOlli  oC  k  M       ;  about  twenty- 

te<ty«afat  ''^  queen,  the  dis- 

tm/m  of  Mo^  ^ti  in  parlia- 

■■1;  sti4  lb*'  rini^,  it  may  be 

f^fMilt  All  thi.  . .  > f  h  the  mat- 

IVif  OMttop^^  ^  ^^hat  were 

And  aliLL    .    1:1:^  LoaMdera- 
:  ati  agitation  aft  it  had,  they 
the  statiin^  t>\'  2)  Jar,  which 
■aaa  as  W  a  sKlitug  and  the  nrero- 

^ftf««f  tlie  cvt»wh,  uh'^  ne  subject; 

B4itm  vmidmmn  u  ami  has  these 

vak,  aN  Moaujpcitit  commissions  for 

^lalieiiyrtoir,  vc.  «m  a^.uv^  ol  nny  thing  within 
tUkta^Vilommi^ns,  }^hy  (Init  is  condemned. 
*  *     *    it   docs  appraT  thfit  the  parlia- 

tw%  far  (rom  ittujdemnintr  the  charter 
sy,  <»r  til*-  «*aart«  r  of  any  ttthtr 
I  tbcre  in  nn  ejcpress  provisio  that 
r  aC  Monopolies  s»huuld  not  extend  to 
lor  the  onlerini^  or  managing  of 
I  think  the  words  of  the  statute 
__  .   ..J  tJitB  case,  yet  they  were  so  care- 
H  ibfilii^  vi^ukl  htive  a  proi.'iso  to  save  this 
7""   '    roaaifiHni*^.     Ai»d,  my  lord«  there 
•ilMaia,  3 /•''   f^ap-  <S.  by  the  preamble  of 
H  that  the  king  had 
a  ittiat  ^'K  TMtTchants  to  be  a 

*  into  8pftia 
s  that  were 
Ue  mischief 
is  to  trade 
id  not  con- 
k  It  took  it  to 

»  ri  an  act  of 

of  trade  to 
ivr  they  do 
!  given  the 
ny»  yet   it 
e  to  trade  there, 
Now,  my  lord, 
i^'.ui  i    lAud  usage  is  a  gieat 
I  fthall  shew  your  lonl 


that 

trade 


lef  son 
atnanifedto 

Gilbert    I 

Cy«a,    ftu:.... ,^   : 

^£.  Ibereua  p^t^tt  <  i 
etmntrit- 

>l 
lafttlaiisiadiv' 
>  Ui  Ittfv  IIm  tola  trade  tu  Turkey, 


i!i,.it  wi 


hrr 

V 


383]  STATE  TRIALS,  SSChablbsII.  \6HA.^Tke  Great  COie  of  Mm^poliei:  [884 


defendant  hath  no  right ;  if  they  hare  •  riglit, 
they  shall  have  a  remedy  againat  any  t^at  in- 
vade it.  And  for  these  reasons,  I  pray  your 
judgment  for  the  plaintifls. 


SIR  GEORGE  TREBY'S  ARGUMENT. 

(Afterwards  Lord  Chief- Justice.) 

The  Governor  and  Company  of , Alerchants  of 
London,    trading  into   the  East- Indies, 
against  Thomas  Sandys.    Trin.  35  Car. 
8ecundiRcs:.  ll<»t.  12(5. 
May  it  pleaso  your  Lordship ;  I  am  of  coun- 
ael  in  this  cko  With  Thomas  Sandys,  the  de- 
fendant.    The  case  arUcs  upon  a  charter  set 
forth  hy  the  plaiutilFs,  and  a  statute  pleaded 
by  us ;  'and  it  is  as  Mr.  Holt  has  opened  it. 
Only  I  shall,  for  my  purpose,  open  it  a  little 
more  than  he  did. 

It  is  a  special  action  on  the  case,  declara- 
tive ;  wherein  the  plaintiffs  declare,  that  king 
Charles  3,  our  present  king,  by  his  letters  pa- 
tents, bearing  date  the  3d  of  April,  in  the  13th 
year  of  his  reign,  reciting  that  the  governor 
and  company  of  merchants  trading  mto  the 
East- Indies,  had  been  of  lonu:  time  a  corpora- 
tion, and  enjoyed  divers  liberties,  privileges 
and  immunities,  by  virtue  of  divers  letters  pa- 
tents, and  charters,  granted  to  tliem  bj[  queen 
Elizabeth  and  king  James ;  and  the  king  be- 
ing informed,  tliat  divers  disorders  and  iucon- 
veniencios  were  then  lately  committed,  to  the 
great  prejudice  of  the  said  company,  and  in- 
terruption of  their  trade :  whereupon  they  had 
humbly  besought  the  king,  to  grant  and  con- 
firm their  said  charter,  with  some  alterations 
and  additions,  tending  to  the  advancement  and 
benefit  of  their  trade. 

The  kuig  gives  and  grants  to  them,  that 
they  shall  be  a  corporation  pcqietual,  te  have 
succession  and  capacity,  Sec.  And  further 
willed  and  granted,  that  thev,  and  every  one 
that  was,  or  should  be  of  the  Company,  and 
their  sons  at  their  several  age's  of  21,  and  their 
apprentices,  factors,  and  ser\  ants  employed  by 
them,  might  and  should  freuly  traflic,  and  use* 
the  trade  of  merchandize  by  sea,  by  such  \\ays 


the  kfaig.  his  heirs  or  ■acccfNwn,  and  who  dolli 
not,  or  will  not  accept  of  such  trade. 

And  further  grauts.  That  they  and  the' 
cessors,  and  their  factors,  senrants,  and  i 
nees,  in  the  trade  of  merchandize  for 
and  in  their  behalf,  shall  for  ere 
have,  use  and  enjpyi  the  whole,  entire  and 
onlv  trade  and  traffic;  and  the  whole,  entira, 
and  only  liberty,  use  and  privilege  of  trading 
and  trafficking,  and  using  the  feat  and  tradoff 
merchandizing,  to  and  from  the  aaid  Rail* 


Indies ;  and  to  and  from  all  the  islands,  P<Mfti» 
havens,  cities,  towns  and  places  aforesaid. 

And  further  grants  to  them,  That  the  laid 
East- Indies,  or  the  islands,  &c.  shall  nolbe 
visited,  frequented  or  haunted  by  any  of  hit 
subjects,  during  the  time  that  these  ktten  pa- 
tents remain  m  force,  contrary  to  the  tnw 
meaning  of  the  said  Letters  Patents,  and  the 
virtue  of  the  prerogative  royal.  Cfa 
also  and  commanding,  and  prohilnting*' 
other  subjects,  that  none  of  them  visit,  hir 
frequent,  or  trade,  traffic  or  adrenture  by  \ 
of  merchandizing  into  or  from  any  parttfdia 
said  East -indies,  &c.  unless  it  be  by  wd  witti 
the  licence  and  agreement  of  the  cempaay, 

under  tU 


ill  writing  first  had  and  obtained 
common  seal. 

Here  tlie  declaration  makes  a  break,  or  iln. 
and  so  it  would  seem  as  if  the  rtfllraint  ml 
prohibition  were  alisolutc  and  genml;  te 
u^ran  i  >y cr  prayed  of  the  letters  patenti,  tli^ 
being  set  forth  in  hac  verba  jit  appeanlil% 
sub  1/todo,  under  the  following  penalty,  n. 
Upon  pain  that  every  such  clher  pcnoa  or 
peraons,  that  shall  trade  to  or  from  the  Blit 
Indies,  shall  incur  the  king's  indignation,. aai 
forfeiture*  and  loss  of  the  goocb,  inaPcbandiMl 
and  other  things  whatsoever,  whidi  aoahoi 
be  brought   into  this  realm  of  Enf^snd,  or  any 
of  the  dominions  of  the  same.      At  altotha 
ship  and  shi|Hi,    with  the  furniture 
wherein  such  goods,  mcrchandiaes  a 
things  shall  be  brought  or  found,  the  one  kilf  '} 
of  all  the  said  forfeitures  to  be  to  the  king^  Hi  ' 
heirs  and  successors ;    the  otiier  half  to'tit  ' 
company.    And  further,  all  and  ereiy  the  flAt  ^ 
offenders,  for  the  said  contempt,  to  snfler  iBr'  ^ 
prisonment  during^  the  king's  pleasure;  '■'  ' 


and  passages  then  found  and  discovered,  as  \  such  other  punishments  as  to  the  king,  Ul^ 
they  should  tliink  fittest,  into  and  from  the  i  heirs  and  succes<tors,  for  so  high  a  conlBa|^^ 
East- Indite;  ami  into  and  from  the  islands,  |  shall  seem  meet  and  convenient;  andnottMi: 
ports,  havens,  cities,  creeks,  towns  and  places  I  in  any  wise  delivered,  until  they  and  evctyij^ 
of  Asia,  Africa,  or  America,  or  any  of  them,  |  them  shall  become  bound  to  the  gOYomib^r^ 
beyond  the  Cape  ul'  Itoiia  Espcranza,  to  the  '  the  sum  of  tOOO/.  at  lf*ast,  at  no  time  Mb-  < 
streights  of  Ma*«el1an,  as  by  Uie  court  of  the    alter  to  sail  or  traffic  into  any  part  of  thejilt 


Company  shall  from  time  to  time  be  limitefl 
and  agree<l,  without  any  molestation,  impeach- 
ment or  distuibance ;  'any  statute,  usage,  di- 
versity of  religion  or  faith,  or  any  other  cause 
or  matter  whatsoever  not>^  ithstanding,  so  al- 
ways the  same  trade  be  not  undertaken,  or  ad- 
dress«Ht,  to  anv  country,  island,  port,  haven, 
city,  cnvk,  town,  or  place,  already  in  the  law- 
fufand  actual  possession  of  any  such  christian 
prince  or  state,  as  at  this  present  is,  or  at  any 
tigM  bereatler  shall  be  in  letgue  or  amity  with 

4 


East -Indies,  v^c.     And  furtficr  grants,   ^^ 
the  Company  may  grant  and  give  UcenoenoM 
the  common  seal,  to  any  |>er80us  to  wtiki 
traffic  to  the  East- Indies;  and  that  the  Ai— 


his  heirs  and  successors,  will  not, 
letters  patents,  give  licence  to  any 
sail  or  trade  there. 

Bv  virtue  of  \«hich  lettera  patenli 
alledge  they  have  been,  and  are  a  oorpW 
and  have  had,  cetaUisbad  and  maBBsed«i 
■tiU  maaaga  a  gnat  tndaof 


Aij  STATE  TftlALS,  36  Charles  11.  i6a4.— TJlf  R  /.  Company  t\  Saarfy*,  f aSG 


thcsnid  Ejuit-  Inilies,  with  the  i  uhabi  i ft dIs  there  \ 
wbo«l  the  lime  of  m^khicr  the  said  lettei's 
fUntt,  oraince,  were  not  christians*  nor  »ub- 
feooi  to  miy  chmtisn  priuce  or  Ntat^ ;  but 
■fw,  an4  Are  ititicJHs  siul  frnemies  of  the 
chriitran  fiith  :  and  have  sp«ii  and  laid  ata 
nai)^  '^Mriisofnioiipyon  thatocijaiiion. 

An  -ay,   That   the   cnrjmierct'  and 

tfidt^  aiut  i;r5iaiJ  tannot  Iki  ejit^iiishenJ,  n]inuii<;ed 
«f  wfried  on  but  *  jjer  hujuatnurli  Corprm  C*or- 
*  ponuum/  hy  giicti  a  corp<»rntion  ;  and  tfiat 
Ukcy  oii^bt  to  hare  and  enjoy  the  sole  trade 
d^ftr  "r-  -t-rt^j  th^  form  aiid  tifectof  the 

Bill  ...^    .i,..  rhoaia*!  S^mdys  beiiigr  a  sohject 

ef  ibe  Utns^,  and  nf>  mt^ml^eT'  ot  the  Company, 

fiof  son,  ajijufurirt,  factijr,  Rervanlor  assi^ijec, 

lutK'^irntiy    kncmiugr   gj^e  prcrtitiies,  &nd  de- 

»r^rfiir  Jo  prrjndite  the  co^upany,  ctmtrary  to 

lift  i^tlt^'t  of  the  said  Mtei's  palewts, 

isiHkidj^  ihe  ft&uie,  and  tdtt-r  (he  l'oiti> 

^>  haxi  jstitiled  their  trade,    19Jun,  34  Reg. 

didtrmde  into  ihe  Eaj^t-IndjeB^  within  iheparlSf 

nfiooa^  and   places  ahr»i(!  A{)ecified,   beyond 

lk#  ^ofnQOtorv  of  (lOod-HopCf  on  this  «ide  the 

iif^hts  of  MH;^«*liaii  aforesaiti.  in  c«itam  parts 

lad  plaices,  callHl  Ateheoft,   Mtchlopoiati,  and 

JWta  No  fa,    wuh  a   certtiin  ship,  catted   the 

btpiiCtalioo,  wiibout  the  Ikvnce,  and  agninst 

^be  will  of  live  j^vernor  and  Compaoy,  and  to 

fvejudtc«,%  iinpoverishuient,  and   manifest 

and  a^itinsi  the  ibrm  and  eifect  of 

l«it«'i  s  patents ;  ta  the  datnage  of  the 

s  lUOO/. 

&•  Defen<lant  prayi  Oyer  of  the  letters 

\M\  VflKTCtJiMiii  tliey  are  sel  forlli  in  /**rc 

fIcreupOQ    the  defendant  pleads  the 

IK  Ell.  3.  cap.  3.  whereby  it  is  enacted 

L  tlir  sea  he  open  to  all   manner  of  mer- 

..   "'  ^--^--^  vviih  their  inercluuidi^^  where 

tl>f»in.' 

..      It  pbiniiffn  da«itir, 

\ijaf\U  i   itliaU   not  differ  with  Mr.  Holt 

aU;  of  e«niln>^erBVi  hut  make  the  same 

Btsf,  viJt.  I,  Whether  thb  patent,  a^  it 

^ I  an  exchision  of  ail  other  Rubjects  from 

I  %nAe,  he  j^'ood  or  void  ?    a.  VV  hether  here 
%e  Uk  apt  suit  broii|rhtf 

la  the  first  plaee,  I  nhatl  not  rjue^tioo  but  tlie 
|aii*itl  i«  l:oo<1,  lo  make  l!ie«e  pennons  a  corpo- 
tiliofi,  iLud  all  the  privileges  and  benehtii  they 
^Ui  derirc  from  h^\u^  a  nody  fx>i*porate,  they 
tiitr  en|vy>  AUtl  apply  tlietu  to  ttride  if  they 
Will.  Yet  as  tq  X\\\h  partictdar,  1  shall  obaenre 
thosfuiaeh,  tlvnt  when  jftich  charters  of  iui'or* 
*ii  were  first  taken  notice  of  in  U.  Eliza- 
K  and  K.  Janieg's  tinx-,  they  did  not  escape 
sure  of  k^artted  men,  who  foresnw  tne 
f  them.  Co.  Mag.  Char,  ^0.  Three 
which  hafe  finir  pretences  are  mis> 
¥<nia:  L  New  Courls;  3.  New  Officea; 
'  Corporations  trading-  into  foreign  parts 
which  under  the  fair  pretence  of 
I  govern mcnt,  in  condus'ion  tend  to 
of  trade  and  IraJiic,  mA  in  lh« 
I  ptodocc  iBoiiopoliat. 


^  T^at  t 


1  RoMfi  Re|»,  \y.Q.    Justice  Doddcridgc  saj 
these  thiiic^  would  overthrow  tlic^  realm. 

In  this  argiim^tit  1  am  sensible  I  am  to  speak 
of  a  tender  point,  the  Kinjf*^  prerog-ative  :  but 
I  Hhall  treat  it  with  that  regard  and  deference 
thfil  1  ought,  and  ax  our  bwk^  teach  us.  Tha 
prerofip\tive  H  great ;  but  it  has  lliw  general  and 
}nsi  lindtation,  Uiat  nothiug  is  to  be  doiie 
thereby  that  is  nrncbieroas  or  injutioiis  to  the 
subject. 

l*ioch*sLaw,  81,83,  84.  s[H  '  r'  t  fy  of  it, 
as  a    matter  diviner    *Tne  s    he, 

*  carries  G«>d'»  stamp,  and  has  intMjatlow  of 

*  Gml*s  exeellencits  i:i\ea  him  ;  ihc  poucr  of 

*  Gifd  is  always  joined  viih  justrc^^ ;  lor  to  \\t^ 
'  wn>ug  is  not  bmnil»oten<*t*>  but  wesilrfH^s.  So  it 
'  is  with  the  king  ;  he  can  be  no  mioo^j  doer, 
*-  he  is  all  instice;  therefore  he  has  a  pieroga- 

*  tive  in  all  things  that  at^e  not  injunouu  to  the 

*  suhjeci^  as  he  may  create  corjKiratJons,  '^cc.* 
(B^\h  he.)  And  so  say  K  he  may  create  corpo- 
rattons,  and  this  corponiti<JO ;  hut  for  thq  same 
reason,  be  cannot  add  a  rcstr^dnt  tt>  all  other 
subjects  from  exercising  this  trade. 

1  shall  lay  for  my  foundation,  that  thispatent^ 
as  to  restrsining  the  trade,  and  eJtcfiiding  nil 
other  subjects,  rias  the  nature  of  a  moutJ^ly, 
and  is  therefore  void  in  that  particular. 

Mr.  Holt  and  T  are  agreed  on  the  descnption 
of  a  monopoly,  which  is  made  hy  my  lord  l*oke, 
Pla.  Coron.  181,  viz.  an  tn?4litatiLin  liy  the  klng^ 
by  hb?  gi-aut,  comintssion,  or  otherwise,  to  any 
person,  or  ccirporation?,  of  or  for  the  sofe 
ouying,  selling,  making,  wovkiog  or  usin^  of 
any  thtn^  whereby  any  pers-msor  coj-poraiions 
are  sought  to  be  resin* in ed  of  any  freedom  or 
hberty  Uiey  had  bctbre,  or  hindered  iu  their 
lawful  trade. 

And  the  like  descriptlot]  ia  wade  in  the  pre- 
amble of  the  Act  concerning  Moniipolics,  21 
Jac.  imp.  3,  where  it  is  also  dccUrtd^  That  all 
grants  of  Mono|>ohps,  and  all  other  matters  or 
tnings  whatsoever,  any  way  tending  to  the  in- 
Ftrtuting,  erecting,  stfcugtheniijg,  furtheringp 
or  coiinteiiauciog  of  the  same,  are  ahogetber 
contrary  to  the  laws  of  Ibis  roalm,  and  trtterjy 
void,  and  of  no  effect ;  and  in  no  wise  to  be  put 
in  use  or  execution. , 

U  therefore  this  trade  to  the  East- Indies  he 
a  lawtu!  trade,  iKeu  this  patent  for  the  re«tratn- 
iug  it  must  be  a  monopoly.  The  nature  of  a 
monopoly  consists  in  rt*st ruining  a  commoti 
rJelit ;  it  appropriates  to  one,  or  a  few,  what 
otliers  had  the  lawful  o^c  of  before. 

1  confess,  1  &t^  a  little  wonder  to  hear  mer- 
chandizing 10  the  Kasi- Indies  objected  against 
as  an  unlawful  trade,  and  did  not  eirpect  so 
much  divinity  in  the  argument ;  but  to  that  i 
shall  endeavour  to  answer  by  and  bye.  Ge- 
nerally speaking,  merchandixing  was  always 
reckoned  a  lawful  trade;  every  man  might 
use  the  sea,  and  trade  with  other  nations  at 
freely  as  he  might  use  tli*^  air.  Ami  for  this 
trade  to  the  East  Indies,  it  *fas  lawlidly  used 
before  there  was  a  company,  or  else  there  hiA 
neterhecn  a  company.  iC^his  trade  ha«  been 
Igtig,  hut  this  «otn|>aiiv  \%  tt^le  by  tb«s«  !«tt«n 

2  Q 


I 


387]  STATE  TRIALS,  36Chail£s  IL  l684.«-^T(k  Gre^i  CmffMmwfiiki;  [989 

cernind^  trade  and  Irai&e  ara  agviiiil  lk» 
common-law,  and  divcES  ftatntes  ;  md  it  is  as 
truly  said  by  him,  Co..Pladta  CtOfQna,  1B9, 
that  though  these  moDOpoliaBweree¥er  witlMul 
law,  yet  tlipy  were  never  without  frieadi. 

Sereral  attcmpU  have  been  made  to  tfam  ; 
Mr.  Holt  has  cited  some ;  for  the  moat  part, 
they  lurked  private,  sometimes  they  have  ap- 
peared in  courte  of  justice,  but  there  they  have 
always  been  disappointed. 

Itot.  Pari.  50  Ed.  S,  BU.  S3.  It  appean 
there  hud  been  a  patent  granted  to  oae  P^ehy 
for  the  sole  selling  sweet  wine  in  Londoa :  this 
concerned  a  thing  of  delicacy,  and  waa  a  nuller 
of  small  moment  thon ;  yet  the  patenk  waa 
brought  into  pai-liamen^  and  adjud|ped  veid^ 
and  tue  party  jiunished. 

Co.  Mag.  Charta  61,  and  Pla.  Cor.  182.  A 
patent  granted  by  Philip  and  Marv  Hn  rfspcrt 
of  Philip's  landing  there)  that  aU  Malaacya 
should  be  import^  at  Siiouthamptou,  and  net 
elsewhere,  aajudged  void.  14  H.  8,  waa  tkf 
CoUegpe  of  Physicians  erected  by  letters  palenii  ; 
wherein  there  was  a  clause,  that  none  witbgal 
their  allowance,  should  praictise  phyaic  in,  off 
within  seven  miles  compass  of  London.  Cokali 
8,  Rep.  p.  114.  Dr.  Bonham'a  case,  bnitlMf 
were  well  advised  that  that  clauae  in  iIm 
letters  patenta  waa  void ;  and  theicfim  1ft 
H.  8,  they  procured  an  act  of  pariiamant  m 


patents  32  yean  ago.  Thisianot^tingaiahed, 
nor  distiniriiifihable  ^m  the  leaaona  and  rules 
laid  down  m  the  other  cases  of  Monopolies. 

1  shall  chiefly  insist  upon  two  cases  in  one 
liook,  Coke  11  Rep.  the  Taylor  of  Ipswich's 
case,  fol.  53.  and  Darcy  and  AlWs  Case, 
galled  the  Case  of  Monopolie8>  fol.  86.  It  is 
the  main  ground  of  both  those  cases,  that  at 
^ronion-law  no  man  could  be  prohil^tcd  to  ex- 
ercise his  trade,  for  that  is  an  avoidance  of  idle- 
ness, it  helps  to  provide  sustenance  for  a  man 
aqd  his  family  ;  arid  it  is  a  service  to  tlie  king : 
vid  the  consequences  of  restraining  trade  are 
pernicious,  as  raising  prices  of  commoditics'and 
imnoverishinc[  men,  Imd  commodities,  (Sec. 

ifmr,  that  foreign  trade  was  understood  to  be 
comprehended  under  this  general  resolution,  I 
dpsire  your  lordship  to  look  upon  the  report  of 
the  Taylor  of  Ipswich's  case,  in  1  Rolls  Uep.  4. 
where  it  is  said,  that  no  trade  of  merchandize 
can  be  hindered  bj^  patent,  and  a  charter  to 
hinder  trade  at  sea  is  void ;  as  that  a  hundred 
men  should  have  the  sole  trade,  or  the  like. 

The  king's  prerpgative  cannot  make  this 
good;  it  is  not  lawful  for  a  man  to  restrain  him- 
self from  liis  trade,  5  AJoor  242.  2  Leon.  210. 
a  bond  not  tp  use  his  trade  of  a  dyer  or  south  is 
void,  so  a  hqnd  not  to  plough  hisland. 

^  And  so  a  bond  that  a  man  shall  not  go  out  of 
bis  house,  for  a  roan  must  serve  the  king  and 
do  his  duty  witli  his  liberty  and  his  labour ;  and 
if  merchants  and  mariners  should  enter  into  a 
bond  or  a  covenant  not  to  trade,  or  not  to  trade 
to  the  East  Indies,  it  were  void.  And  if  it  be 
unlawful  for  a  man  to  restrain  himself  from  it, 
the  king  cannot  restrain  him. 

Another  reason  is,  the  king  cannot  by  his 
letters  patents  take  away  the  subject's  property, 
and  1  do  not  know  a  greater  property  than 
freedom  of  trade  and  lalMur ;  the  king  cannot 
lake  away  six-pence  that  a  man  has  got  hy  his 
trade,  much  less  can  he  take  awayliis  whole 
trade :  if  the  profit  which  a  man  gets  by  his 
trade  be  his  own,  the  liberty  whereby  ho  ac- 
quires it  la  his  ou'u ;  otherwise  tiie  whole  pro- 
perty of  traders  were  precarious. 

Mr,  Holt  would  expound  the  statutes  that 
are  pleuded,  to  sigtiify  that  the  king  shall  not 
lay  an  imposition  upon  merchandize.  Though 
thai  Im!  not  the  true  meaning  of  the  statute,  yet 
even  that  were  sufficient  fur  our  purpose,  and 
will  pn)ve  that  the  king  cannot  totally  prohibit 
a  man  to  tratle,  for  il'  he  can  prohibit  absoluidy, 
he  can  prohibit  sab  modo^  anil  require  that  none 
shall  trade  unless  they  ppy  so  much  and  so 
much  for  licence ;  uud  so  by  that  means  he 
might  lay  that  imposition,  which,  it  is  agreed, 
he  cannot. 

In  l>arcy's  patent  there  was  a  rent  of  a 
hundred  marks  per  aiinuiu  reserved  to  tlie 
queen  ;  and  tliey  that  ilrew,  and  tliey  that  ar- 
gued that  patent,  suppnsi;i^  the  cmnt  of  the 
aole  trade  to  have  been  good,  luaoc  no  doubt 
of  the  consequence,  that  the  rescn-ation  was 
fEOod. 

It  is  trulv  said  by  my  lord  Coke,  Co.  Nag. 
Caba.  ^  aaU  68.    Tha^  all  BIoMPolica  con-. 


make  good  tlieir  letters  patents ;  and  the  wttf 
reason  of  making  that  act,  was  to  give  ihsl 
force  to  that  restraint,  which  could  not  be  hf 
the  letters  patents  only. 

15th  Jacobi,  was  granted  a  patent  ibr  sok 
printing  of  Law-books,  the  validity  of  vriadb 
liappened  to  (!omc  in  question  in  1666^  in  Chaa- 
eery  between  the  patentees  and  some  hooJE- 
sellers,  who  had  acqmred  copies  of  lair-booka 
to  be  printed,  and  it  was  leierrcdto  aUiksT 
judges. 

Many  si)ecious  reasons  were  given  to  main-' 
tain  it ;  as,  that  the  invention  of  printing  waa 
new,  that  it  concerned  the  state,  and  was 
matter  of  public  care  ;  that  it  waa  in  thai 
nature  of  a  proclamation,  and  none  ooal# 
make  proclamations  but  tlie  kuig.  That  thai 
king  had  the  making  of  serjeants  and  ofiioni^ 
and  Judges  of  law  ;  that  they  were  printed  ina- 
itarticular  language  and  character,  with  ab- 
iirc\'iations,  ^c.  liiit  it  was  the  opinion  of  sB 
the  Judges  certified  to  my  Lord -Keener,  thai- 
those  persons  who  had  acquired  copies  sinca 
the  patent,  could  not  be  restrained  by  tha^ 
imten:  fioin  printing  them. 

Lord  Chitf'JuUict,  li  received  aooChv  - 
Judgment  in  the  House  of  Lords. 

Sir  George  Trcby.  Not  this  case,  n^  lovd* 

But  besides  the  trommon-law,  our  poiaH  ia* 
most  strongly  established   by  partksnlar  ala* 
tutes^  and  it  has  been  the  wisdom  and  care  of 
princes  and  parliaments  in  all  times  to  asaoC^ 
this  freedom  of  trade. 

Magna  Charta,  cap.  30.  All  roercfantt  fit' 
tliey  were  not  openly  prohibited  be&nlsMb. 
have  their  safe  and  sure  condncl  to.  iMpai^ 
come  and  tarry,  to  buy  and  sell 


OTflT  TRIALS,  36 CiiAKLEs  II,  \GB4.^TAeE.  L  Company  v.  Sandy 9.  [390 

36  H»  8,  cap,  10.  Gives  power  to  the  kinj, 
diiriag^  his  Jife,  to  restraiit  or  ml  at  liberty 
traffic  beyond  sea  for  certaia  cauutries.  Now 
Heary  the  atb,  aa  my  lor*!  Coke  flnst.  Co, 
30 1,)  observes,  stood  us  high  tipoahis  preit)- 
gative,  as  ever  any  king'  had  done  ;  and  would 
never  have  aceejit«?d  his  power  fmm  a  graiil 
of  parliament,  if  ne  bad  had  a  prerogative  of 
tliis  nature  liefore, 

33  Khz,  cap,  7.  It  is  enacted  that  the  qiK^ea 
may  prohibit  transpoi'tiiig'  of  corn  by  procla-* 
mation  ;  aad  so  it  is  1  Jac.  ca|].  23)  which 
shews  thai  a  procb mation ,  whicli  is  an  at?t  of 
preroBfatire,  was  not  sufficient  for  the  purpost*, 
^vilhout  tlie  autliority  that  was  derived  upon  it 
from  the  acts  of  narliainent. 

iVIy  lord,  \  snail  now  answer  Mr,  HoU*i 
Arguments  and  Allegations. 

First,  He  says,  tliat,  bv  tke  law  of  the  land, 
no  suhjcct  can  trade  witu  infidels  without  iImi 
kitiff^s  licence. 

But  I  say,  this  h  |rrati&  dictum,  and  I  must 
deny  the  law  to  be  so.  He  cannot  Had  anir 
statute,  judgement  or  resolution  in  all  our  Ww^ 
books  to  ibis  jmrpose, 

A!l  tfie  authority  he  has  is  a  casual  saying' 
of asin^lejudgfe  in  MiclieU)on»*s fps«. 

For  m  Durcy  and  Allen's  case,  there  is  not 
a  won!  spoken  by  Dcvdderidge^  or  any  otlieti 
€^once^ning'  trade  with  infidels* 


of  ei-il  loll,  by  the  old  and  rightful 
tbfdvms,  fz'xoept  in  hme  of  war, 
hiii  tnie>  as  Mr,  Holt  j«kys,  that  this  pro- 
_^SiiiySl '  n  '  I,'  biil  ft  is  plain  too, 

fft^^Ktisb^  rty  of  tradings  and 

lIi  their  raercliandize- 
vs,  Indecdf   that   this  re- 
.  but  more  stroojffy  proves 
had  this  liberty  ;  for  they 

extended  it  to  aliens,  and 

fast  lell  the  English  without  it. 

Ytnm  thu  fVf.utioD  (*  nisi  antea  puhlici^ 
*|pv%llibiliii  I  cannot  be  inferred  that 

{ft  ti^g  mu^  11  Ids  subjects  from  trade ; 

tmy  lord  Cokcj  in  his  Comiui.'iit.  fol.  57, 
Hya,  ihftt  this  prohibition  must  bt*  intendetl  by 
Kt  of  pari !  •  f  hat  it  con ce  ms  the  w  hole 

m^y  atji!  1  by  the  word  '  public*;.' 

Bcftdcfi  that,  ilus  prohibition  must  rrtlnte  to 
•Beits   only,  and   that   likely    in    i^espcct  of 

^Qctit  Statutes  make   it    most  clear. 

,  3|  cap.  9,  Merchants  strangers  shall 

land  come  with  their  njcrchaudize.  ti  Ed.  3. 

merchants,  strangers  and 

V  and  sell  their  coiomo- 

Kjver  iX^^y  come,  witl»out 

uu ;  not  with  stand  in|j  charters  or  usage 

'  c!<mtrary.     Which  churlers  and  usage 

^lie)  tile  king,  lords  and  comtnons  hold 

&fn'»  forfc,  as  being  to  (he  damage  of 

P>i  ^  ^re^t  meU|  and  the  oppression 

it.  2,  cap.  3.    All  merchants, 
s  and  foreigners  (cAcept  those 
krhic^  uiiy)  may  without  let,  come 

Iftlh  jrindize^  tarry  and  return. 

t5  L ,  ..at.  4.  cap.   l.   If  any  charter, 

^,Jinration,  conmiand,  usage,  allowance  or 
d|^i3Dl  be  made  to  the  contrary ,  it  shall  be 
tid. 

18  Bd._3,  ftatp  1,  cap.  3,  e^t&blithefi  the 
|l)i  asin  the  time  of  that  king's  pro- 
Bdttiere  is  uiicd  Ihe  word  En^hsh 
,  win  other  statutes  tlie  wtwrd  iJeni- 

that  it  was  then  looked  upon  ni 
lit  ri^tf  it  having  been  in  the  time  of 
Bsiitors!, 
iKr^,  cap.  1,  11  n.  2,  cap  7,  and  U  R.  % 

],  are  to  til e  like  purpose. 
WtMtbere   has  been  occasion  to  prohilnt 
9/rf  merdiaiidize,  it  has  been  done  by  acts  of 


?r  H.  a,  cap.  1,  con«u*h)ed  ^8  It  6,  cap.  1, 
pijMWMu  loerehandize  growing  or  wrought 
wtMn  th(!  dominions  of  the  dtike  of  Burgundy , 
^odllie  tike,  4  E.  4,  c:i|i,  <hike  re- 

futeffihprocUmiiti'>(i  i'«»j  uu*  cloths. 


3F 


>  imp Ui  Ling  woollen 
k]  many  other  sta- 


reigu,    as    cooceruini; 


rtsh 
^    our 

and 
■  ^  re- 


Dodderid^  says  uotliing  of  foreign  trad^  ; 

cites  and  affiroas  the  law  of  Mag.  Cbarti^ 

cap.  30.  S 

Michelbom*s  Case  ts  in  2  Brownlow,  50^, 
and  it  is  in  these  words:  HHl  7  Jacobi,  in  tli# 
common  bench^  upon  a  motion  made  iot  ccin* 
sultatjon,  upon  a  prohibition  awarded/  it  was 
said  by  the  lord  Cfoke,  that  no  subject  of  lb« 
king  may  trade  with  any  intideb  without  li« 
ccnec  of  the  king  ;  and  the  reason  of  that  is» 
he  may  rclinauish  the  cntbolic  fiiith  and  id  - 
hereto  Infidel  Ism.  And  he  said,  he  had  seea 
a  liccnct!  made  in  the  time  of  Edw,  $,  wherd 
the  king  recited,  thai  he  having  a  special  li'ust 
and  coufidence  that  his  subjects  will  not  de- 
cline from  his  faith  and  religion,  liicnseil  hint 
ut  supra  ;  and  this  did  arise  u^ion  a  recital  of  a 
licence,  made  to  a  merchant  to  tratle  to  llie 
East-JLndies. 

First,  To  this  slender  authority «  I  answer, 
If  the  law  had  been  according'  to  this  eoB- 
ceit,  there  uoulJ  have,  been  much  said  anil 
done  about  it  m  diver*  cases;  th^^  woaUl 
have  been  proceed ingrs  against  [lersons  that 
had  trailed  to  Grenada,  (of  which  the  i^Ioon 
lost  the  dominion  within  those  200  years)  to 
Barbary,  to  Turkey,  and  other  uilincl  ptaoea 
in  Asia^  Africa,  or  America,  but  we  never  heard 
or  read  of  any  till  oow» 

Secondly,  It  is  an  apf>crynhal  case  i  that 
book,  calM  Brtn^nlow,  is  of  little  authority  j 
it  was  printed  without  approbation  of  tha 
judges,  or  any  legvil  licence.  And  the  coa- 
cfipt  is  ol  less  authority,  it  is  repQrt*^i^  ■-  '-  ^  -  *rt 
ubiUr^  upon  a  motion,  a  cju»ual  sa )  >v 

jud^ej  which  the  cleik  Uwk,  «nd  I .    :.    -li- 
took,  for  it  is  na  where  said  ia  my  lord  Cokc'i 


I 


391]  STATE  TRIALS,  36  Charles  LI.  iGS^-^lie  Grtat  Can  i^ M«up%lHSt  [39j^ 


own  books,  though  they  are  voluminous.  And 
the  ground  of  bis  saying  (it*  be  did  say)  it  is, 
titat  he  had  seen  u  ficcucc  in  Edw.  S's  tiuie, 


Company,  and  their  action  bcoqght,  and  all 
possLbtlay  of  such  a  thing  for  them.  There  ia 
not  nor  can  be  any  peace,  treaty  or  intercourse 


bnt  I  cannot  learn  that  it  has  been  seen  by  any  between  the  English  and  the  Indians,  but  a 
man  else.  Neither  Mr.  Holt  nor  I  can  find  it, !  constant  never-ceasing  state  of  war ;  and  espe- 
xior  does  my  lord  Coke  tell  us  where  it  was  -,  \  cially  if  it  be  founded  upon  a  Divine  precept: 
perhaps  it  was  taken  upon  trust,  and  mistaken,  ■  for  whatsoever  prerogative  the  kinsf  may  have, 
perhaps  not  auiheiitic,  and  pcrha|i6  a  sufficient    he  cannot  have  a  prerogative  to  dispense  with 


tlie  canon  of  the  scripture. 

But  my  lord  Coke  himself  does  much  clear 
this  matter,  Jur.  Co.  15j,  where  he  says,  that 
there  may  be  peace  and  leagnes  of  commeroe 
with  infidels.  All  that  the  register  says,  is  that 
the  Hospitallers  were  instituted  for  delenoe 
'  contra  Christi  et  Christianorum  inimicoi ;' 
which  is  an  expression  of  the  cnemiei  of  re- 
ligion, not  of  the  st  ate.  In  the  book  of  Henry 
the  8th,  he  said  indeed  obiter^  tliat  a 
outlawed,  a  tnutor,  or  a  Pafpn  being 


a  Faffan. 

APaffan,  Turk  or  Jew,  may  maintain  ao 
action  of  debt  or  battery,  or  other  personal  i 


answer  to  it  would  have  been  found  in  it ;  how 

ever,  it  was  Init  one,  and  certainly,  if  the  law 

had  rec|uirrd  it,  there  would  have  been  more 

than  one  licence  from  the  beginning  of  our 

Records  till  that  day.     '  Una  Hinindo,*  &c. 
Thirdly,    The  retison  there  given   makes 

strongly'  against  this  charter  ;  the  reason  is, 

lest  men  should  decline  from  the  faith ;  so  that 

it  bcems  there  is  a  special  trust  in  the  king, 

that  he  should  suffer  none  to  go  into  infidel 

parts,  but  such  us  are  orthodox,  sound  and 

firm  in  religion  ;  such  of  whom  the  king  is  j  shall  not  have  an  action ;  it  is  true  iu 

specially  assured  that  they  will  not  fall  from  .  an  out -law,  or  a  traitor,  it  may  be  pleaded  ia 

the  laith,  which  is  to  be  exercised  by  the  king  '  abatement :  but  no  other  book  says,  nor  can 

only ;  and  he  is  to  grant  licence  to  particuli^    anj^  man  maintain  that  the  law  is  ao  in  caae  af 

and  knovFn  persons  of  whom  he  has  this  con- 
fidence, the  king  cannot  grant  lus  royal  care 

to  tlie  company. 
But  now  this  charter  would  have  tliis  trust ;  tion  here ;  were  it  otherwise,  there  could  be 

no  trading  of  the  Jews  here,  nor  of  the  Turin ; 
the  contrary  whereof  is  implied  and  admitted  in 
the  Act  of  5i'avigation,  112  Car.  2,  c.  18,  par.  18. 
By  the  like  reason  that  there  shoald  be  aa 
trading  with  infidels,  then;  ought  to  be. no  ib- 
reign  truile  at  all,  for  there  is  no  coimtry  wham 
the  religion  does  not  difier  in  soinewliat  or 
other  from  the  religion  established  in  the 
church  of  England. 

And  whatever  he  says  of  the  children  of  Is- 
rael, I  think  there  are  many  instances  in  tbe 
Old  Testament  of  commerce  with  tbe  beatben, 
though  I,  not  foreseeing  such  use  of  divinity 
here,  am  not  so  well  furnished. 

As  to  the  citation  out  of  Grotius,  it  is  by  way 
of  caution  only;  but  tlic  whole  drift  m  that 
chapter  demonstrates,  that  commerce  and 
leagues  with   infi«lels  are  lawful,  and  he  ex- 

Eounds  that  text  of  2  Cor.  which  my  lord  Coke 
ottonis  upon,  to  refer  only  to  joining  viifli 
:  them  in  idol-worship.    An<i  to  shew  deariy 
:  tlie  mind  of  that  author,  he  has  writ  a  whota 
book,  intitled,  Mare  Libcrum,  to  manifeat  tbe 
'  right  and  lawfulness  of  trade  to  the  Indiea; 
,  and  he  says,  that  Ciod  in  nature  ap|iointed  aH 
peojde  to  resort  to,  and  trade  with  others,  fix. 
that  he  hath  given  siveral  commodities  toaomei 
■  ^vhich  others  stand  in  need  of. 

I  must  take  Irave  to  say,'  that  this  notion  of 

Christians  not  to  have  ccuiimn-ce  with  iufidda 

is  a  conceit  al)surd,  monkish,  fantastii*al  and, 

i  fanatical.     H^is  a-kin  to  JJominium  fundatmr 


deputeil  and  transferred,  for  it  contains  a  li 
cence  not  only  for  the  then  members  of  the 
company  (who  were  twenty -two  or  twenty- 
three  years  ago),  but  their  unknown  succes- 
sors, and  to  their  sons  begotten,  and  to  be  be- 
gotten, and  their  servants,  factors,  afppren- 
tices,  and  licensees. 

Mr.  Holi  also  gives  a  reason  for  this  trade 
being  unlawful,  namely,  That  the  law  has 
jndgerl  infidels  to  be  perpetual  enemies,  for 
which  he  relies  iii)on  another  singular  saying 
of  my  lord  Coke  in  Calvin's  Case,  fbl.  17,  and 
recites  two  authorities  cited  there,  namely,  the 
Register,  C89,  a*id  12  II.  8.  4. 

And  he  takes  notice  that  tbe  children  of 
Israel  were  perve:  ted  from  the  tnie  religion 
by  converse  witl  the  rations  round  about  them. 
And  he  cit^  (jrotins  dc  Jure  Belli  et  Pacis, 
lib.  3,  cap.  15,  par.  II,  where  he  says, '  Ca- 

•  vendum  est  ne  nilnia  commixtio  vontagium 

•  adferut  infiiTiiis.' 

As  to  tlm  singular  opinion  of  infidels  being 
peri>ctua.  enemit's,  it  is  not  easy  to  understand 
what  my  lord  Coke  means  by  it ;  his  words 
are  tliese:  AH  infi.lels  are  in  law  prrpctui  ini- 
miei,  for  between  them,  as  with  tin  Devil, 
whose  subjects  they  are,  and  the  Cliristian, 
there  is  perpetual  hostility,  and  can  be  no 
]ieace ;  for  as  the  Apostle  says,  2d  Corin- 
thians, 15,  *  W  hat  agreenunt  is  there  of  Christ 

•  with  Bi'lial,  or  what  part  has  the  believer  with 
« the  infidel  V 


It  seems  by  thc:»e  words,  that  it  is  to  be  un-     id  Gratia,    The  Indians  iiave  a  ri^h\  to  trade 


dcrstood  fd  a  spiritual  discord  in  resiiect  of  re- 
ligion, and  net  a  temporal  between  tlie  nations  : 
ibr  he  says,  it  is  because  they  are  the  Devil*s 
subjects,  and  he  relies  upon  the  texts  of  scrip- 
ture: and  if  this  peqietual  hostility  l>c  taken 
in  a  political  and  pro^HT  sense,  and  the  law  be 
80,  it  deatroya  the  Itcenoe  and  privilege  of  the 


here,  and  we  there,  and  this  is  a  ngbt  natural 
and  human,  which  tlic  Cluistian  faith  doth  nal 
alter. 

I  agree  with  Mr.  Holt,  tliat  an  actof  pariia- . 
mentmade  against  the  Christian  religion  k 
void ;  but  I  think  a  charter  against  natural  aal. 
civil  right  is  as  certainly  void. 


CT^TE  TRIALS,  36  CttA^LES  II.  1 684,— 71b  E.  I  Company  v.  Sdntfys.  f39* 


^3i«*d  in  lUis  tradfc,  and 

'•   rt.*«lmitia!iU*  by  tiiecotn- 

^n  r       ;  en's  nwis  HoIk 

fjo,  I.  wore   |itinishctl 

ik  «llilr^|Milir>    «.iv.  ,,.K  !..,_  : ---i  ; 

aiAiO  |i«uiiiliablc%  amt  nnt  ^h  mntlcd  tiy  Uic 
i»*law!  fttiil  Mr.  Holi^y^,  thut  tiii<lu*^ 
fiikdt  U  iu  Uk«  iiiiuini't  ug^inst  llic  stitt^- 

iur.  Tli«t  ivuj»  in  Ute  Star  cht&mWr,  ant) 

»«lkip4  il  *5iw  r>nf  itt  ibf  errors  iur  ^^  htch  tliat 

wt   ira>  i,   16  *'4r.   1.  cap.    IU.  in 

I  •kdt  Ml  I  i  ti^t  tlu!  jml^esi  oiUitti  court 

lal  aa^rukeit  \»  ptftibb  wUvri*  nu  faw  did 

lltampOftftMs;  ofinonty  liud  b<*cfi  (itohttjittfl 
[if  WMiHIWi   U^t  ibt-  statutes  9  K.  3.  ca|K  1. 

'"**     "     ^.  .,     >     ^ ,.    i,j,|  bft^n  needless ; 
•^very  mau  iiiighl  dis- 
laoiiey  as  lie  wtiuld. 
^nirteeirs  iJie  ofleiice 
i  ID  enp'oWiug  gi*ea( 
J  «tail  »♦»  U  more  tully  appears  iu  u 
report  of  the  saiim  ca^L-H,  in  the 
^AwtCMDF  a^liJ^  to  Popbimi,  14'>  and  150, 
«lMnllktiatlT  tliut  a^tineslmU  1h^  puuUbml 

iiS^<Miif  a  irood  atttl 

-     -       ■  <...., 


^ 


II  St  ihe  pri- 
mv»    whicb  in 
iT  to  iiigross  tu  tliorn- 
tlicr  CL ..x-i.u  i  .  L'N  of  Indiii,  Sec. 
Ba4^  tivr  cotiiiiiun  Uvv  v^oidd  bave  all  the 
Witliin   lUe  realrv,  it  dix^  uol  fol  • 
mm  intisl  keep  atJ  other  com  modi iie«jt 
,fc  aa  trftJ^Hi  mU  i  ut  leairt  without  !»pe- 
I  kaoir  no  BlAUN|iolicy  or  hw  for 


Ittiiifi 


'  ^      Holt  cotisi J<?,-s  furt  ic^Ti 
ctj*  bft¥e  not  tt  n;j;ljt  to 


tlikrKia,  fill  h''irft//i. 

Tim  u  it;;iuti8t  tlju  fonner  arg-nrtient 

•ilUnf  tr^ ''-  ^  •  *   ''■  '  pbiutilFH  if     * '"TT, 

Ivi^  I  il  Im*  tii»  Le 


(JUrwt««ii  oouotnes,  witlioat  the 


''iiippartthii 
^^  upun  trea- 
\  ^luice  and  ^ar^ 


Id  b«)   (jj 


;  uiid 

v>iui  them, 

i  not  by  tbe 


'  yy  lie  pence  and 

-  f  liow  (his  con- 


wOiL    ih^ilu^t  i*f*ims^  iimi  iiua  imk  of 


biii  subjects  sbou^d  tttwie  thitber,  and  the  rest 
should  not,  or  thnt  tbe  kiutji  is  or  can  N*  ia 
aiiMly  with  tbcin,  as  to  otie  part  of  U\s  sulijectm 
(rmnicly  tbe  Comimiiy.)  nod  iti  comity  *vi||i 
tJitioi,  an  trt  tlie  otiiec  ol  bis  fiabjeciB. 

Tbekioy'  has,  and  iti  to  preseivc^  the  high- 
ways, l»ut  il  IK  to  keep  iIkto  for  tb*  pas'4H^*e  cif 
bioiseU'  and  his  people;  not  to  shut  thcnnrii 
aijninst  any  of  biii  projile  at  least,  except  «i  tube 

He  cites  tbe  staldie  12  Ef,7,  cap.  6,  where 
tbe  mercbiuit  (ulv«utiircrH  imy,  tttey  had  com- 
merce with  Spain  ontl  Fortogul,  a»d  other 
places  in  league  utitl  atnity  wilb  the  kio^« 

No  doubt  ihey  Imd,  oud  lieyood  this  \h  truly 
said  in  the  siime  .statute,  that  of  ng:bt  they 
uughl  to  have  it,  which  shews  tliut  tt  was  not 
hy  the  king^ti  grant  or  licence.  And  in  bke 
UKimier  tbe  de^odant  of  ri^-lit  ought  to  hn>ve 
with  the  Indians,  there  beitig  no  wur  betwixt 
this  realm  tuid  them. 

He  cites  out  of  Uol r^  Abridf^mentf  f  Vt^^ 
211,  a  note  0*  Rot.  Pari.  1  H.  5,  nu,41,  where 
tbe  coiunions  pray  that  alt  merchants  nmy  ex* 
port  lind  import  to  aud  frum  any  place,  any 
gttodii  at  their  pleasure,  paying  the  customs  and 
uiher  dues, any  proclamation  i^ot withstanding; 
the  kint^  answers,  that  be  wdi  be  advised  by 
his  coimctL 

And  Mr.  Holt  takes  this  to  be  an  acknow- 
|edi>ment  by  iJilui  ol  the  legality  of  the  procla- 
mation, 

Arnn',  It  IS  not  CO,  for  it  was  the  course  then, 
to  propo«e  and  pass  deckiratory  and  contirroi 
(as  weil  as  other)  la«  ^,  by  way  of  petitions 
tbe  kiu^  ;  and  tbotii^h  they  thought  the  pr 
clam;iiion  illej^al,  yet  il  was  more  proper  for 
them  to  endenvonr  t«»  obtain  redrcfw  by  pfay«T 
than  contest.  But  their  pptition  was  a  [»eti- 
lion  of  right,  and  the  pruclaTnation  (especially 
if  there  was  uo  war  a-foot)  was  void,  bcing^ 
against  tbe  cofumou  and  statute  law.  And  to 
cite  anil  set  up  Bnr*h  a  proclamation,  is  to  set  up 
((^rievaucc  to  the  law:  aud  yet  I  take  it  there 
was  an  extraordinary  occasion  at  that  lime. 
Hen.  5,  having"  o<».^sion  to  lay  an  tmhartro  on 
ships,  ill  order  to  his  proceeding  to  his  greftt 
war  in  Fnince. 

He  says  tliat  forcijjjn  Inule  may  be  mischie- 
vous, it  maybe  amtisaoce,  so  the  importing 
Irish  cattle  and  French  goods  have  been  d»- 
eiart^l  to  be  by  the  parliament,  and  Ibe  kiny;' 
may  resti-ain  such  eviN, 

vdlwjou  These  acts  of  parliament  were  enact- 
ing, and  they  enact  it  shall  be  adjudged  a 
common  nniitance.  They  did  not  lind  and  de- 
clare it  to  have  been  one  bt-ffire. 

If  it  had  bet'n  so,  there  had  been  no  need  of 
these  acts,  and  wc  know  th*  reason  of  thai 
clause  was  io  make  the  m-itter  dispensable. 

If  the  iropomn;,^  Ka-st-  India  commtMlMie*  bt 
anntsanre,  it  is  w-'  i  ■  -  '"-'hMc,  und  tbe  com* 
pttnyeannf»t   man  tmdc,  much  le»f 

tluit   .Ktioii;  mil-  iUI  be  iboughtthai 

l:  in  ot  tho»rc  cuutraoditieii  by  tho 
Ti  nuisance,  but  the  bringitigr  ift  Ilia 
ktiiAc  by  tbe  plaintiffa  ia  aotv 


395]  STATE  TRIALS,  56  Cn arlbs  II.  1684^ 7%e  Greai  Cate  ^M^tMfolUi:  [396 

He  inforoK  thii  wi>h  a  reason,  that  there 
.  may  be  miichicf  from  the  abundauce  of  the 
jpiportation  exctiedin^  oar  exportatioo,  and  re- 
wmbliDg  it  to  what  is  saul  10  Rep.  Ul,  that 
by  the  commoDL  law.  the  kug  ou^ht  to  luve 
uui  defend  bis  realm  as  ■  well  asrtinst  the  sea 
a«  against  enemies;  that  it  should  not  be 
drowned  nor  wasted;  and  as  the  kin^  may 
preFent  inundation  of  water,  so  he  says,  lie  may 
as  to  trade. 

Ansm.  This  is  a  sioiilitade  in  words,  but  not 
as  to  the  nature  of  thin^p,  and  if  there  be  any 
force  in  it,  it  is  against  Uie  pluintifts  ;  ibr  tliere 
is  not  in  their  charter  any  limitation,  the  Com- 
pany mav  brinpf  in  as  much  as  tlie^  will,  nay, 
It  seems  by  their  allegation,  that  this  trade  in  to 
be  managed  most  largely  by  means  uf  the  Com- 
|ianv,  and  therefore  thence  i;*  rather  tlie  danger 
ofthe 


it  a  ^rcat  argument  to 


he  glut 

Mr.  Holt  makes 
maintain  the  charter,  that  it  is  a  necessary  re- 
gulation of  the  trade,  and  that  the  trade  could 
ii9t  have  been  settled  but  by  such  a  Company  ; 
and  says,  if  It  shouUl  be  laid  open,  it  would  ruin 
the  trade  both  of  the  Company  and  the  de- 
fendant. 

And  it  is  averred  in  the  declaration,  that  this 
trade  cannot  be  managed,  but  *  per  hiyusmodi 

*  Corpus  Corporatum.' 

Antw,  This  contradicts  M ichelbom^s  case, 
Ibr  that  was  upon  aliceoce  granted  to  a  single 
merchant  to  trade  to  the  East  Indies ;  and  it  is 
kEio\«n  that  this  trade  has  been  managed  by 
private  persons  before,  and  since  tlicre  was  a 
Coni)Mny. 

Aiid  this  is  to  set  up  convenience  or  pretence 
of  cimvcuirncc  i^ainst  law  ;  the  Ktatutc,  which 
we  have  pleaded,  snys,  that  all  traile  sliali  be 
open  ;  the  plniiititrs  say,  it  shall  be  open  to 
them  only,  because  they  can  inanajETK  it  licst. 

If  other  men  should  say  thattliey  could  ma- 
nage it  better,  the  pretence  were  as  fair  for 
them  to  exclude  the  Comuany  from  the  trade. 

But  I  except  a^^ainst  tnis  averment,  it  is  a 
frivolous  and  impossible  averment,  \w  issue  can 
be  takcu  upon  it,  unless  issue  should  be  taken 
upon  a  similitude,  (viz.)    ^  hujusmodi  Corpus 

*  Corporatum.' 

If  a  lioence  n  ere  granted  (as  it  is  said  to  be  in 
MichcHiorirs  case)  to  (»ne  man  to  trade  to  the 
East  ■  IiuUl-s,  and  he  should  bring  fetich  an 
action,  and  aver  that  the  trade  could  not  be 
managcil  but  by  jrach  an  one  as  he,  it  wouiil 
not  be  good,  and  yet  as  guinl  as  this  is.  In  nn 
action  for  words/it  is  nut  allowable  to  allcdgc 
that  tho  tletieadaiit  spoke  such  words,  or  huyus 
iimilia. 

Moreover,  tho  declaration,  as  it  is  penned, 
rontradicU*  itself;  for  it  s:iys,  that  the  trade 
cannot  be  managed  but  by  tlie  Company,  and 
yet  charges  the  ilcfendant  that  he  did  inanago  a 
trade  there ;  which  is  not  possible,  aud  it  is 
penal  enough  upon  the  deiendant  that  he  at- 
tttmpts  to  inonago  trade  where  he  cannoL 

Mr.  IIultobiecti»  that  the  statute  we  pkad, 
eiglit  not  IQ  be  takieo  univerMUy,  that  the  acft. 
shall  be  open  to  all.  mi^nJrr^  .te.  thoiiit 


would  extend  to  give  Ubertj  of  trade  t»  the 
king's  enemies  who  are  merchants. 

An$.  True  it  is,  neither  this,  nor  any  aucb 
law  e.\teDds  further  tlian  to  alien  artniet  and 
.  subjects^  there  are  jura  htiU^  as  weH  as  jurm 
pacit ;  and  it  is  undierstood,  that  enemies  who 
are  foreigners  may  he  taken  aud  piMKSceded 
against  according  to  martial  law ;  bat  the  de- 
fendant is  a  subject,  and  cannot  be  an  enemy. 

He  says  further,  that  Ibis  statute  shoVrid  not 
extend  to  this  trade,  because  that  hi  Edw.  3rd% 
time,  when  it  was  made,  trade  was  drifvn  wilfa 
chrir-tians  only,  and  not  with  inlidels. 

If  this  be*  so,  it  destroys  the  only  aotfaeriiy 
he  has  (vis.)  Michelbom's  caw,  where  the  only 
ground  of  the  opinion  is,  that  there  was  a  liceaei 
granted  to  trade  with  infidels,  in  the  tiue  of  IJbl 
said  Kd.  3. 

But  this  statute  must  be  taken,  as.  it  is  pennsd, 
universally,  and  not  contined  to  those  ooantrin^ 
places  aiMl  parts  wliich  were  then  used ;-  tlM 
statute  does  not  distingoiKb,  ^etnbi  la  MB 
'  distinguit,  ne  nos  ihstinguimus,'  otherwise  ■» 
man  must  trade,  but  ty  those  few  places  that  hi 
can  prove  were  trede<f  to  before  18  £.  S. 

He  says  (as/:  n.  h,  85.)  that  the  king  waf 
restrain  men,  by  Ne  exeat  'Re^num^  ff9m 
going  beyoml  sea;  and  cites  Davis,  9.  b.  ibtf 
one  reason  of  the  king's  being  ]iAitlelby|ve> 
scription  to  the  great  custom,  was  Ibr  Usieavs 
to  merchants  to  go  and  carry  goods  out  of  ikv 
realm. 

An$m,  It  is  tme,  that  hook  of  Davis  dees  sif 
so,  but  he  cites  to  prove  the  opinion,  Dyerlfff. 
and  this  statute,  18  E.  3.  which  we  hm 
pleaded  ;  so  that  that  book  is  oi'  no  further  oc^ 
than  the  authorities  upon  which  it  is  fbnnded  do 
warrant ;  which  if  we  examine,  we  ihsff  find 
that  in  Dyer  it  is,  among^  other  things,  mad^  a 
(juare,  in  a  case  i-eferrcd  to  the  judges  cAmem- 
ing  a  new  imjiosition  set  by  qaeen  Mary  on 
merchandize,  whether  by  common  law  nMr« 
chants  were,  or  mightbe  restrained  from  geinf 
out  of  the  kiirjfilom,  ^vithont  leave  of  the  kiag' 
or  queen  ;  to  which  the  judgra  give  no  resshK 
tion:  which  shews,  thev  thoii^t  the  liw 
was,  that  there  was  no  such  restraint  or  need  ef 
leave ;  for  when  judges  give  no  resolution)  m 
the  case  of  the  king,  it  is  a  sign  that  in  tMr 
opinion  the  law  is  against  him ;  and  for  the 
statute,  IB  E.  S.  which  we  pkad,  it  is  flit 
against  it. 

F.  N.  B.  85.  a.  is  express,  that  by  i 
law,  every  suhjectmay  go  out  of  the  1 
ibr  merchandise,  or  travel,  or  other  c 
he  pleases,  without  leave,  V.  Co.  pi.  Cor.  180L 

5  R.  2,  cap.  2.  llestrains  people  passing  odtp 
but  itexcents  merchants,  amloen  that  stfltols 
U  repealed.    4  Jacobi^  cap.  1.  it  is  cksr  thii!  < 
the  king  may  restrain  his  subjeots*  fnm  gw^^ 
oui  of  the  realm,  by  his  writ  of  Ife  tx90:^ 


Reenum,     But  that  writ  was  onginaiij  war  ^ 
the"  clergy  only,  and  is  properly  granted  fc 
matter  of  state  only  :   and  the^  wuras  efit'tiF 
*  Quam  plurima  nobUi  et  Cwnnm  wOtmf^] 
*jndieialiaibkleni  prosequi  inteadit.*    Onw 
indceik  ba»besH  tUMdfld' t»  wpftw  »  fmmtp 


H liye  die  JuMioB  of  •e«iul ItfS^  IhiI  I  lliink 


**! 

licillicr  b  ii  gmrtsl  or  muf^rsttl,  Hut  al^nyK 
"  r,  «im1  gisnle4  upon  oaih,  made  con* 

«pedal  writ  to  tt^^trum  i^n  ub* 
ML.  H  ptiyr«»  ilie  l«w  to  W,  ihai  nil 
Mr  OBrwant  jum  nt  liberty  Ui  go. 
Aal    tbcre     was   fto     iV^r    cxcd^    H^ffiuvti 
•libHi  Ihc  dcfc^iMSMil,  mt  c^une  tor  anjr »  and 
■  dMiit  k&il  liee»y  tt»d  b«  bad  gtiikc  ngiuusl  it, 
e  aa  offiane  to  tbe  kifli^,  it  wooild 

I  C<J    '   '*   ''    E-  ThAt  no  subject  can 
|g  riiilf  s»  without  tbc  kiii^^'s 

Ghfia  199^  ^i  JMi  nmm  am  tunke  a  |jArk 
m^al  ||||9  lOBg't  iicrncc;  and  11  H.  7.  i:). 
litf  ikc  bxofl^  msy  licvnoe,  vrbvrr  li'  uoo  kill 

jUs*.  These  i0«i&B6«i  ngtiai'  not  to  otsr 
«»t  Aiofiii  nwy  sal  boiid  cwtkmvjthoul  lK« 
ha^  fmtacK,  waf  mne  thmn  nftine  forces,  or 
MM^e  bwin,  fvliidt  «fc  /crd^  naiartr, 
im  ^  1aa^«  i^ajiu? ;  lu udi  ]l*s%  take  avmy 
l^hm  iif  Juti  iiiiii;*  I  5ub|i?cts ;  but  lb  ens  be  iu> 
|Htt^  <iC  nmmg^  £afts.  «MUi  tdunild  not  ^i^*  an 

f  I  ii  1M»  wiOabla  thcrdo,  to  imtancr,  tbut 
^ivft  M^  «ity>o«t  lioenctf  build  a  bu^MN  or 
i  Wfr,  iMMi  iodow  A  ^-dfin  or  iVrUI, 
ky  ^rwcfi^a  ibe  Mvgb  tii*  bitofielf a.itil 


i  % 


mid  m  liu 


wilb  bim  cun 
iW  *imiiiM'  jiLii^yuM^  4UI  tbe  Compfinv 
dd ;  Of  if  not,  \\wn  Ibere  I's 
mo  csttsi'  <'~      ..  '  ^Mt. 
iimlof  lb 

k UfWtovit  io  iiniitilo|(T]*j  (H  MM'Kj,    Mm 

1^  mmn^  of  ibo  Ea«tJmlia  trsdc, 

«  diarurr   tben  iti 

Li*i»w  I5AC  i%1«hW  Ihcr*  w«»«ifldi 
£  if  tb<jf«  w»rf, 


powibly  tt  vris  cot  taken  notice  of,  or  |>o«MbTy  no 
grievance  tben  &ppciii«d  from  it ;  uDd  likolf 
uiAt  Company  wati  betti*r  «dr»«d«  tbaa  u^ 
deM'ouT  to  restmiu  othen  from  trade. 

Besides^  1  have  board  a  role  of  tb«  Hoi 
orCotDiJoioiis  cited  bMinetiiDeSp  bm  D«fer 
tbi^  Bib  c  of  Conuiiatii  cited 

authority  >ilesB  ill  that  ptiTlhu 

Htf  ill  otbtHsif  iUc  iiieitibers  ^omph  :^ 

gt  icT ujict it ^  w  li  ic  b  tbeo  affected  1 1 .  i , ^ 

d»d  plt€«o  tAi«y  served  for :  they  ii^idt^t^e 
not  to  enumerate  all  tbc  moDopobes,  tlut  were 
or  might  be,  and  it  is  most  prudent,  in  order  to 
obiaiii  redress,  Id  limit  ibeir  eompl^mts  u»  the 
present  occrisinii. 

First,  Mr.  Holt  menlions  three  itatutesL 
S  Jiicobi,  cap.  6^  tltefe  having  been  a  cbarfer 
obtained  by  some  mercbabts  tor  sole  trade  into 
the  dominiouB  uf  Kbain  aDd  Portugal.  Jf 
enacted,  tlint  it  shall  and  maybe  hfrtu],  lor 

subjects  to  Irwlc  ttutber^  uotwithstandificr  iH 

cburu^  v»r  any  ft(ber  ;  »nd  tbereupon  b*.*  iWers, 
iliat  the  parbomcot  takes^  the  ebart4tr  w  ba 
yf(xvd,  and  tbarelbre  enact  that  thu  trade  ahali 
lie  laUi  opoDi 

Ans3\  There  it  no  juat  ground  for  tbiailK 
ference* 

Finiit,  It  were  a  strain  beyond  the  piaiott^ 
own  foundation,  for  tbut  it  relatcfl  to  a  trade 
Ui  Spriin  or  Fottugalf  Mrbieh  are  Chriit«aii 
countries* 

s. .  -..JK  T^-  ;-  "•!  Idi'of  the  act  sets  forth 
r  ►y  Ui*  patent  at  com* 

111  ,    ..„ subjects  ovigbl  lo  enjoy 

i-'  JK'tif tit  of  peace  and  tree  tnide  • 

^^  iM he  subfeetB  of  England  woidtl 

vorse  condition  than  those  of  8cetlaiwl 

loH  :  thnt  it  W3J  attended  wilb  the  im- 

i)t9,  mariners  and  ma- 

L  he  price  of  their  com- 

,  iiuil  Liiburiciijg  tbi^jftii  '^. 

l!y,  TbeHrti;tUs  it  a  ooii»mon  traffic, 

,n.ii  dues  oij.  'Jibe  lawful,   bat 

that  there  sli  to  tra«le  there ,  ii^ 

J'  b  »i»H  mm  uv.nm'T  an  wii»i  accttttoraed  :  so 

itthcM^tdid  Dot  make  the  eharter  illegal, 
i,jii  found  it  so,  as  }--<'s  -"  iTinotatton  agamat 
wliuti'*  ut*ed  AuA ' 

Alio  be  meutioh^  ...  lute  of  3lonopoUes, 
tt  Jaeobi,  cap,  3,  whereai  be  observes,  there 
is  .1  proviso  to  isave  tlie  Compante«(  or  ^ocietice 
banU.  And  the  ataltile  14  €aro1j  3, 
,  M'hich  in  Ib'e  preatuble  declare  the 
puiiHk;^  in  of  stock  into  the  Eaal- India  Com- 
funy  to  be  lor  public  gfood. 

AnsTo.  Tbut  lu9t  tttatute  indeed  in  the  pre* 


i  the  Koiiae  I  an^bb^  says,  it  U  for  nubile  goodj   but  ii  in  the* 

'  '        ^      "  '  of  tljc  Company;  and  the  sumc 

Hi  that  ditei^  noblenK*n»  gt-iitle- 


l^it  Wm.  p.  n%^ 


iiji-rij  uim  nilier  personi  "I 
to  trade  or  tntn-bundize,  did  j 
and  enacts,  th.it  ibcy  ^tr''' 
br*  reck  Of  n'd  trail  ^*r^,   jin 

SCT 

Vfitlmi  the  proraof  ^1  Jao.  aWve- 


ntit  bred 
there> 

'ic  nrckoneil 


3B9]  STATE  TRIAI^  S6 Charles  IL  16$4*— TOe  Grad  &*f  of  Monopoiks:  [iC 


(Tilhit 


But  f  §!Vfe  thb  funth«r  iinswer  ctmoetmns^ 

proviso:  t1  *       *    *  "        I'roridecl 

t  iiad  it  a  iu  i .  tiedftreci 

♦^  u  .r.,.  .i^.,  ,j,  ..^.,  v^urij^ therein 
I  not  in  anv  ^nsc  exlend,  or  l*f 
;'uf'  dty  «!   l»nclon,  Vc-   or  to 
if  'societies    of  merchants 
I  r] ,  *  rt*f!te«l  for  the  niRioteuaiKrei 
t  or  iinkriog'  of  aoy  trade,  or  mer- 
biit  that  the  Mme,  auil  their  libctties* 
ilcK^r  pow«re  «nd  immtmitie»%hatl  be.  And 
ilifioe  mmxh  fwce  asd  effert,  as  tUcy  were 
riiretlie  makia^  of  thi«  act,  attd   cd'none 
«Mhcf  ;  &iiy  ihifiji^  before  in  Ihisac^t  to  the  ccn- 
in  any  wiv  ■'    ■      U\\^, 

t]rk%  th'  .1  sAfing  ;  and 

:      rn.  ji,  u  u.  1 -,   I  hat  there  was 
<;idja  Comjinny  then  in  beiD^; 
'    it^fl  had   as  faronrahle   mx 
1  t-r,  a*  th«rv  had  of  Man- 
or the  ol&er  there  men- 
V   would  have  saved  it  by  particular 
IS  they  did  those,  ivhieh  would  hare 
eii  MHue  countenance  to  such  a  charter. 
Hecondly,  AiJmittinfir  il  ?avcd  generally  or 
aiticukrly  by  the  iirmiso,  that  does  not  make 
t  better  ;  the  proviso  onlv  says,  it  i»hall  con- 
'  fi  ■    Tch  force  and  ellect/  as  it  was  before 

I  ;  of  the  act,  and  none  other:  Le. 

^Jt  injt^vjui-tanding  the  Unly  of  the  act,  if  it 
fiTe  a  monopoly  and  void  before,  il  slitiit  re- 
am HO,  and  it  it  Kcr*»  gtM^  before,  it  shall 

t  «o  tiotwithfitandini^  tlie  (jrori^K 
If  it  Ii*»  ajJtetU  to  what  |turpose  the  profi§o 
,    it   iH»nitwered   clenrly  ihns ;  the 
[>r  iiig;  an  iidditional  pcimlty  of  treble 

duiiiiifft-^  'Mn\  double  costs  ag^iiinst  anv  [>ersoti, 
tlikt  hhonld,  after  foity  dtt^'S,  after  the  end  of 
hat  seaifiion  of  parliament^  hinder,  grieYe,  dii- 
iirb  ordiM^iiet  any  jaii^on,  or  atiy  ways  tetze, 
ttlach,  dii,umn»  tuite,  carry  awayor  dftain  his 
^oodj,  by  occasion  or  pretext  of  any  mono- 
*|M>!y,  or  of  aoy  such  eoiintiti^fcion,  tjruni,  licence, 
powei,  faculty,  lettci-s  patents,  \:c. 

Now  the  pro^  i.so  appuinted  ili.it  uothiiit;  in 
the  act  shall  extend  to  any  s^wicty  or  company 
i>f  mcrchaiilii ;  it  sa\cji  pi  reoob  that  i^hal) 
Ifiiudcr,  (;frievc,  disturb  or  fli-squtt^t  others  by 
ocx'a.'iion  or  pnlext  of  such  a  v>cii;'iy  or  coni- 

tmuy  frurn  that  [tcnalty  ;  so  thfit  the  plainlilTH 
fave  tills  advantug^c  from  tht-  provis'»  (if  thf^y 
jiiv  at  all  u  ithiu  it),  that  thi^y  ijhah  not  be  liabfe 
10  the  dcfendunt's  treble  damages  and  donhlc. 
ccMfts  for  brinj^ng  this  prei^nt  suit  «t^iui»l  hTtik. 
0  Car  Jones  231-  Mounson  lersus  T/i«ler, 
woi  a  case  concerning  an  office  granti^d  by 
biters  patent^  %  Jacobi,  for  sole  makin>^  all 
bills,  itifbrmationa  and  Ic'ttcrs  missive  in  thr 
council  of  York,  Now  thtr  next  proviso  ia  1J143 
statute  docs  save  officers  in  tlit?  same  manner 
.-w  this  proviso  docs  socictit^  or  com  panics  of 
mcrch&nts.  It  was  adjgdg'cd,  that  tlioufh 
this  grant  of  this  office  were  savo«l  by  the  pro- 
%10O,  yd  it  wa§  stilt  a  monopoly,  and  void  ;  it 
being  nnreasonable  that  one  perion  should  have 
the  makin^r  of  all  bills,  ^c  which  is  proper 
work  lor  couusel  or  attoinifiiy  uhI  IbtU  (m  Cft»c 


[  of  crow  bit?)  both  ptrtieB  sbotild  be*  oblim) 
dtsctose  thetr  eviilciiee  to  tbmt  persrm  ;  Mit  ( 
reason  of  this  piraiiao,  tkhi  ^rmtlee  ahorild  1 
be  liable  to  the  traUe   damatrp^  and 
c(»sts ;  the  prortao  nves  us   ai;;uri«>t  that 
tuec^  but  (kieaoot  estdUiab  agnitist  the  coniiai 
Uw. 

B^de«,  tbif  proviso  does  not  at  all 
to  tlm  charter  j  it  only  concerns  inch  as  \ 
then  in  bcin^,  and  say  a,  they  fthail  contip^ 
in  Huch  ft*rcr,  as  they  were  before  the  maktu 
of  that  statute.     But  this  Oomruny  that  is  no 
plaintiff  was  made  not   loo^    aii»c«,  viz, 
cJiHTter  13  of  this  king. 

Mr  Molt  citcH  seven  nreoedenls  of  1 
by  queen  Eliz.  of  aole  traoinf  to  PCffl 
pans. 

To  which  ( aosirer,  That  ih©  more  there  1 
of  this  kindf  the  slrong>ertbe  ar|rurr'^'^  *^  < 
us  ;  for  tlie  greater  occasion  tiajs   1 
nistered  to  bring  actions  or  ioformat  f. J 

nature,  bat  none  was  ever  brought ;  and 
reuson  w  hy  none  has  been  bron^i  b,  becaua 
none  coum  be  u[#on  this  score. 

The  claustits  in  this  charter,    for  A^Tfeifi 
ship  and  floods,  and  tmpr I ^ 
well  be  cited  tor  precedein 
it  will  not  be  denied,  that  at  ier< 
clauses  are  void  :  it  has  been  t 
clauses  in  charters,  which  %vill  i*«n  n'lm  vrmaefr 
they  serve  lor  a  Jiourjsb,  and  m  tcrrvroff^  like 
ihepenalty of  hOOOl.  in  a  subjv?'   » 

Also  thcai^    ciutrters  were  t  ami 

they  w'ere  bottomed  upon  son  1    :  _  Hiry 

of  a  trade  or  apas^j^fe;  and  in  iniih  ihstii 
the  only  gooil  fouudation  U|Kfn  which  ^urti  ^ 
charter  can  be  granted,  Godb.    354»  wbett  « 
new  invention  or  discovery  has  br*fn  rnJi'l*',*^ 
h  niakinir  by  any  person,  by  his  ski 
and  perhaps  peril  of  his  life,   th*^ 
remunerate  him  with  such  a  - 
must  be  only  tor  a  reasonable  ni 
and  no  further  by  the  common  I 
the  statute  of  moiiopolies/2l  J 
that  reasctnable  tipue  to  foiirte^ 
I  take  it  that  tiie  first  ^nt  n 
to  |»er$nns  for  sole  irauie  to  i 
w  us  uiioit  sugveation  aud  coil^ 
bein<r  nrst  trat^rs  there,  and  th.i 
yens,  which  is  bmt*  sjdcc  expired 
a  »i*jem?<,  nadc  to  ii;c  Kast*t»4dit^  w 
to  other  Europeans  many  hundred  yem-^^s 

*'  linpiLTci'  cAtrcmos  ciirritMercator  ad  ladoa 
"  IVr  Mare/'  .  Hot. 

I  wliall  mentioti  two  or  three  mcbt  of  parbt* 
incnl,  i^hich  do  counteDaiioe  and  encKHiiaga 
i\vt\  ti2do  by  any  |H»rsnii  to  the  East-lmlifs. 

ir  raroh  1,  cap.  51*  It  is  nuidc  a  preniti' 
mre  to  hinder  any  iiersona  from  importing  «»1^ 
fMtrc  ;  the  defendant  did  import  saJi-petre  11* 
this  ship,  and  so  do  all  ships  that  come  irom  die 
East-  Indies  ;  it  is  their  usual  ballast 

12  Caroli  2,  rap.  IB,  para^.  3»  (confira»e4 
and  re-enacted  13  Car.  2,  mp.  14,)  forbids  tl»i 
bringing  in  of  any  goo^  of  Africa,  Asia,  « 
Amencaymnd  in  any  vessel,  but  lucb  as  MvBg 


IDt]  STATE  TRIALS,  9S  Charles  11. 

iil^|iei4|pW  ef  Kii4:liiift^  if^mnd.  tVnlesi  and 

tarf  |iuiKr.  UV  mmticMia  El 
itim,    fl«n>  wan  juj;t  occuv 

L«  arl  (■Bitt'^  ^^rnier  ciiarter  in 

hang  in  if ,  1^  >  .  s^)  oud  ivi  thi^y 

wdM*  tf  llir3  lt<^  Lhtjti|(lit  die  trvde  reOraiQetl 
IiUm  €.^<no|May.  Hut  they  «eeni  to  ailuw, 
An  lhfpi>  yio<W  n>^  rtei)  iriatiy  Esfkif- 

IfAor  tnsE  f'tc^v,  uf  tliG  CompsOJiy 

99  «i^i  a«  cap.  11,  It  is  enarMi 

itfaltmxiu  I  -  -   r  f!  agiiall 

Mlur  cansi  -^sel  uf 


a<< 


vimnMiicCv 


» 


I  '  '1 

iWmd*iiip  Ml  _  s 

^mummtm  lo  mny  tureigii  {Kirt,  hare  ami  re- 
an»Ui  iImm'  u%^n  ]iiT>p(T  u^  and  b^jc^t  one 
laaSipvt:  Mu  tt  shall  build  any 

I  uC  two  .  ,>c  hundred  Urns 

ii  il:  liavt  oue  Urcniieth  part 

;  rti  a  •liall  be  ^M  to  bin  nia- 

tii  kui  ri  jtockIa  or  mere  band  t^e,  lut 
!•  tat|tortod  or  imported  on  tbe  laid  shi}> 

I  \  to  ho  built 

I  demand  not 

U'  y ;  but  the 

n-  V        ,'  'tiy,  or  of  a 

to  be  irniii  tbe  king^ ;  but  allows  and 
tJj"it  ull  5uij|  ev(  vy  [kereon  or  persons 

^■f  laiii'  deckti^  rmd  tnuke 

^  •^ilpc  i^^n  |)ttrt^  unci  en- 

|^u|4^  u>,    with  a  rt'Hurd  ;  to 

mvif^i  I  .idaui'ft  libip  he  wlthixi 

tidal  lbrtli^%  %ue4l. 

Jui cmaioli^  T>*^  iv^  iijijiciiiMs  u  iuwjird  atid 
•  jpaMtaMmA  for  the  iiatiie  ihio^. 

I  wii  BBtaliliab  thijc  [h^m^>  ^^  •+>'  t^fn  authori- 
QiMit  not  ^  a  pitvot«  ke  dormattt 

but  ttic    uidtniK  i  ;        ^  _     jdiicniH,'atid 
ifihaoiii.  «^iich> 

liMi  the  Mu9C4>?v  Coin- 

My  «raa  c4«aiut«^  b^^  U'twr%  |intrtit,  aiij  rh^rt^iii 

AIMMK,   lf>   restniin   all    otUei^  tVmu    inuliti^ 

**■  a  ttlit  •ftiaby,  nx  hrrr;  Inji  notv^  iiltstand- 

^tfaal,  tHlMsr    ji«.*«iplc  diil  ii-H<l4>    MiMli^r:  and 

li  ELx.   an   a<  it  wit» 

■Mb  IccsttMg  tbr  cbart  r  |>er- 

^  Ad  l»iui«  tbit^  ;  and 

eiiaria  Ui  ^iand, 

«lll«r  p4fflotj  ^M.  ^vbii:b 

ifea  jiiilginciit  i»!  I,  that 

tlii«art  tii«  rr%U^i..-   =  ,.„  ,.  ,  ^  .  id. 

ooucentad  Uia  Canary  Cum* 

2t  Rot  403.  Banco 

1"V* 

'ike  reirtraint  and 
K  •*  Ui  Npastt  bnmgbt  for 

lW  aUiit,  tii^i   ikiiaidatti  jugliiaaii  by 


Tirtiie  of  the  cliarter,  andjud^metit  wa*  i^iveM 
for  the  plaimiffjirfAinNt  the  <:hainL'r>  by  tbe  uoi* 
tbrni  opiuiori  uTthc  whole  court. 

That  case  tudced  wds  uoL  the  same  ivitli 
tlii^^  as  to  the  ttmnner  ;  but  as  lo  tbe  nutter 
aail  substance  it  ii>  the  same. 

1  shall  conchide  with  an  observatiuo  oftny 
lord  Coke,  Jiir,  Co.  :il,  thai  acta  of  paHia- 
luent  a^ainKtihe  freedom  of  inercbaudi^t*  it«rer 
hold  lung*. 

If  thai  he  the  fate  of  acts  of  parliament, 
\vluch  are  laws,  certainly  a  charter  made  lo 
such  purpose,  oug^ht  not  lo  bi?  allowed. 

Tlie  Second  Point, 

r  take  the  law  to  be  dixur  with  P.  N.  B.  85.  a. 
that  every  subject  tnay  yo  out  of  the  kr     •    - 
tor  luercbundize  as  be  pTca^est  and  \\\) 
pleaae^,  withoot  askinj^  leave  ol  tlie  Li.^.  ,.i.^ 
shall  not  be  punished  for  it. 

But  DOW  takmg^  it  by  adiiii&*)ion,  flint  pei'MM 
are  retitraine<l,  aud  that  the  defentlant  uug^ht 
out  to  have  ti-aded  to  tlie  £a»t-  iDdics  wiihoiit 
licence ;  yet  1  coneeiie  this  action  upon  tbe 
case  can  ne%^er  be  tnaintaiuecL 

In  maintena  ce  ol'  it,  Mr  Holt  says,  that 
this  privilege  of  trade  granted  jo  the  Cvnn|>any 
is  a  fraucluse ;  aud  if  anollier  viobtes  iu  the 
grantee  may  have  an  action  at  the  case  tofaiust 
that  person',  as  t2'i  H  6,  14,  und  Jl  If.  4,  4T. 
where  the  kiny:  has  granted  a  fair  or  niarkii  ; 
if  a  mtin  »et  up  anfither  fair  <ir  nmrk^l  to  the 
daiija^*  of  the  loiiner,  he  t^at  ha^  the  grmt 
KliktU  iiuvean  notion  in  the  case. 

I  Qbi*cr>e,  that  in  the  arj^iuns*^  of  th<*  first 
IKiioi,  Mr.  Holt  all  alou^  cnHed  this  u  lieenee, 
wlurh  now  (to  flupitorl  this  tiecond  point)  he 
would  have  a  tiranchtie;  buttbene  ti\n  tbuii^ 
differ  greatly.  A  franchise  (utiderirtood  pto- 
perly)  iS  an  neroditament,  a  ihin^  of  interest, 
mid  a&»ipmldc  and  trunsfermble  ;  but  n  liccnr* 
is  only  tUiaxaiio  Juris^  a  dis|)ensation  with  the 
taw,  a  privilet/e  to  certain  persons  to  do  an  act 
with  impunity .  When  the  kin^^  grant^t  a  mar- 
ket, be  creates  or  g'rauts  a  re^l  tbini^;  but 
ulien  he  ^hes  liberty  to  trade,  lip  di>es  not 
CJf  ate  or  ^rant  a  real  thing^,  but  only  di^^charf^^at 
or  preveuui  a  t>eoaUy  intiictable  for  trading 
without  such  leave. 

When  the  kiny^  creates  or  grants  a  inarket  to 
any  person,  if  he  makes  a  ||^rant  of  another 
market  to  another  person,  to  the  dami^fe  oi'  tl»« 
firstf  it  will  be  void,  becaui^e  tlic  grantee  hatt  a 
fraochiNe  thatisa  real  interest;  ami  thcffratited 
may  have  an  action  of  the  case  a^innt  liim 
that  Kets  up  a  market  under  pretenctM»t  i>urh 
a  grants  as  well  as  he  may  ai^inwt  a  man 
that  sets  up  a  market  without  any  prrtencv  ol' 
^rant. 

But  if  the  kinij  license  any  pernon  to  tnid«, 
he  toiiy  Qotwitli>»laiidin(j^  license  others  t0O| 
idthoutrb  that  be  to  the  damage  of  tlio  iirst ; 
for  be  has  not  conveyed  any  interest  to  tha 
first,  that  should  binder  him  tront  diapcna^ng 
with  otheh!. 

There  i^  no  bottom  for  this  aclioti  to  stand 
upon ;  thers  art  but  two  thiofpi  la  tha  diartar 

2D 


bmnr    J 


49Sj  STATETRIALS»3bCHAatK6]I.  l6S4^^The  Great  Cate  of  Mdwap$lln:  {m 


towards  \i ;  iinit,  a  licence  to  tlic  Company 
to  trade ;  tteconcily  a  prohibition  and  rcslraini 
to  otbei-s,  u  hereby  die  company  is  to  have  the 
Hole  trade. 

It*  thfi  king  had  only  granted  a  liconce  to  the 
Company  to  trade  to  the  £ast- Indies;  the 
company  could  not  tliereupon  have  an  action 
asain^t  the  defendant  for  trading  tUithur.  Now 
when  the  king,  in  tlie  same  charter,  adds  a 
restraint  and  prohibition  to  the  defendant  and 
all  other  subjects;  this  Mr.  IIoU  would  have 
to  hi^  no  more  than  the  law  said  before ;  but 
if  it  be  moie»  this  does  not  add  any  real  interest 
to  the  company,  or  better  entitle  them  to  an 
action. 

8appose  it  to  be  an  offence,  and  punishable 
for  the  defendant  to  trade  to  the  East-Indies 
without  the  king's  licence ;  the  king  dispenses 


not  follow  that;  the  charter  appoints  the  pe* 
nalty  to  be  foHeiture  of  ship  and  goods,  when- 
of  one  luUf  to  the  king ;  but  no  action  on  tkm 
case  is  given,  or  meant,  wherein  the  carriage 
may  be  more  or  less,  and  wliorein  the  king  ia 
excluded  from  any  share. 

If  an  art  of  [larliament  prohibit  under  for- 
feiture of  ship  and  goods,  the  one  half  to  the 
king,  tlic  otlier  to  the  party,  that  must  be  fbU 
lowed,  tliere  shall  never  be  an  action  on  the 
case ;  ibr  the  common-law  shuts  it  up  with 
a  strong  negative,  and  says,  there  ahall  be  no 
other  penalty.  And  in  all  cases  of  statutes, 
by-laws  anil  charters,  the  method  ofpuush- 
ment  prescribed  must  be  obserred. 

To  obviate  this  the  plaintiffs  have  been  eao- 
telous,  and  have  misrecited  the  charter  in  their 
declaration ;  they,  to  let  in  a  pretence  for  their 


to  the  plaiJitiflii,  so  that  they  may  trade  there    action,  recite  the  prohibition  or  restraint, 

freely;   the    defendant  trades  tuere  witliout    -*— ^*^-  -  --'^-^       _-i  ?••.-_  _■._. 

licence,  this  may  (according Ui  that  supposition) . 

subject  him  to  penalty  at  the  suit  of  the  king, 

but  this  gives  no  title  to  levy  money  upon 

the  defendant  for  trading  without  licence,  there 

is  no  privity,  no  cause  of  action. 

The  resolution  at  the  cud  of  the  case  of 
monopolies,  1 1.   Hep.  m»  b.  is  a  clear  autho- 
rity,to  this  purpose:  Curds  were  prohibited  by 
act  of  parliament  to    be    imported ;  ajid  the 
micen  grants  to  Darcy  tlinl  he  should  have 
the  sole  importation  ut  cards,  uoh  ubstunle  that 
statute;  and  daiing  tliat  grant,  another  man  | 
imported  cards,  against  \thoni  Darcy  brouifht  j 
an  action  on  the  ease  for  it,  and  therein  allcdged 
too  tliat  he  had  been  at  ^'reat  cliarifc  t(»  make  i 
and  provide  cards  sufiicit'nt.     But  resnl\  r<l  tli.it 
tlu*  actiou  would   not  lit' ;  hut  ibr   puiusliint; 
the  |Kirty,  the  remi^dv   nhich  the  suihite  up- 
pointed  against  iuipoiinj*;  must  be  folldwed.        ' 

it  is  insisted  upon,  tiiut  iho   ^luintiffs  liave  >  lay  a  jieiiiiy 
been  at  ffreat  chaa^e  to  nrry  on  litis  trail*;,     kin;;:;   lja>V 
and  by  others  intcrlopint;-  lUey  sliuuld  lose  the  ' 
fruits  of  it.  I 

llie  defendant  has  u<  much  to  say ,  that  he  ' 

has  been  at  prrent  cliarp-,  ami   by  iestraiu!ii*jr  ' 

and  prasecutiu^hiui  lie  should  Ih  :i  Ios«>r.  i 

But  I  say,  IhLsis  *  d:iu)iium  s«ni:  iirjuria.'   In  ' 

the  mentioned  books  of  22  II.  0,  \\.  and  till,  j 

4,4?.  it  is   held,  tlK'.t   the  ocfioii  on  the  cum', 

would  not  lie,  wliicli  v.as  brought  by  a  si'hooU 

majjti>r(or  two),   for  that  \u.  had  an  ancient; 

school  ill  a  town,  am!  one  Mt  up  uiiotlier  near,  I 

«>  tliat  wliereas  liefortf  he  had  two  shilling's  u  i 

quarter  for  a  boy,  now  lie  rould  havo  but  imic  ' 

akiillinp: :  so  for  oiTv-tino^  a  riull,  lliut  Kithdi-a;vb  j 

custom  from  a  foriUer  iui!l,  w*  action  lies.  | 

la  every  action  on  the  c:.kr,  tliei'e  w.usl  be  ; 

'  damnum  U  injuiia,'  there  laust  be  a  uioutjf  ^ 

totlie|)orty  plaintiH*;  it  is  no  ui*i)n<j:  tu  tiM.*  > 

plaintiffs  here  that  uuoihur  offinids  a^^ainst  that 

law,  which  is  di^peused  with  to  tlicui. 

Jf  the  detendact's  trailiaj*  without tliekiuj^'fi 

leave  be  an  offence  against  the  king,  it  is 

puoishaWe  by  the  kmf  still,  and  that  way  of 

punishment  mu6t  be  ioUowed,  if  there  is  to  be 

i*iy;  besides,  all  the  foundaskm  the  plaintiffs 

fhottliiitaiidupoBiB  thecbulfft  but  they  do 


stou  there,  as  if  the  prohibition  were  absolnte 
and  general ;  whereas  it  is  tub  modoy  under  ft 
special  penalty  of  forfeiture.- 

And  this  api^ears  uiioo  Oyer,  and  therefbrs 
for  tlvis  variance,  judgment  ou|i;ht  to  be  Ibr 
the  defendant,  if  there  were  nothmg  else  m  the 
case. 

But  waving  this  concerning  the  form  of  the 
suit,  I  insist  ii|K)n  the  main  matter. 

There  is  a  natural  necessity  that  CFeiy  man 
that  will  live  must  eat^  and  tlience  a  neoeMty 
and  obligation  to  labour ;  and  there  is  a  pro- 
perty in  tliis  meant*  of  livelihood  as  well  as  in 
life. 

The  kin^f's  power  and  prerogative  is  to  es- 
tablish and  |ii-c:U'rvp  this  in  all  his  suhjecta. 

I'rutlir  is  n:n*  of  iiit>  honest  est  and  joslest 
SDKS  f>f  iodi!^!n  ,  a:v.!  i>  iii.nc  especially  proper 
tor  it  It  islaii'l. 

Tlic  kin^  oan:ii)L  proiiibtt  mcrchandiie,  nor 
iiii(:c>.:ti.)n  u]}on  it ;  tlierefere  our 
i'i.vti\ed  ttnuKige  and  poundage 
fruui  tho  i^rauts  of  {uUiiamenU:  wnereaa  if 
tlie\  hnil  suoli  :i  poixr  (as  the  plaintiffs  coon- 
m:1  Kpi:ak  ol)  oMfi  .iii  iuide,  they  might  by  the 
nicaiisot'li.ar,  ii.,^-  iiiadc  an  undeniable  title 
to  such  a  rrveiiiK.  without  the  consent  of  the 
Louis  .ii:d  (Vir..i:twiiS. 

Kestiiin  ii,«;;  vi  tnide  (though  hut  for  fttiBW 
orplae.  ;  •,  „i,;.  of  the  *^reat  things  which  hat 
be^ii  nl\\ay.<  ics^-rved  to,  and  exercised  by  an- 
thunty  of  ]»arliament,  as   we  fmd  almost  in* 

LViirv  ^iv;SsIoI!<.. 

Thi^  winch  is  now  lieFore  your  lordship,  is  At 
Utiulf'st  iiuir.opoly  that  has  been  attemfited.  It 
inoi.O|ioii^(  s  Africa,  Asia,  and  America,  at  IcMl 
01  the  &(:u:h ;  it  devours  above  half  the  trad^of 
ih?  nation,  the  trade  of  linnens  from  Him- 
bur^^h,  i'lauders,  and  Holland;  sillu  ftm 
Italy  and  Turky,  and  when  the  prohibition  ex- 
pires, from  France ;  and  affects  our  mannft^ 
turesat  home,  upon  all  which  the  livelibood  «f 
manv  thousands  depends. 

It  is  against  the  common  law  and  mnny  tSi* 
prefts  statutes. 

No  man  was  ever  punished,  in  anTem0t,fe 
using  foreign  trade;  no,notinthe»ar-CkHK 
h^r,  whioh  ttteadt  the  prmgntive  molt.   M 


q  SrTATfi  TRIALS,  35  Charus  11.  iSU.—Th  E.  L  Company  r.  Smwfy*.  [404 


riij    >'uir 


loiui,'  titkotigli  there 
had  preoetlents,  if 

4  has  been  brought, 

<fiw»  that  just  dis- 

U>rttHhipfif  Ibat  H  m\\ 


Attfl  I  (V»y  your  J  ungfineBt  fbr  Hie 


n 


SDtlaTOn  GKNERIL  FINCU, 

(AFtl^WARM  E\flL  or  NOTTLNOUAM.) 

AaiK>  l>Ott.  1681.     Banco  Hfi^ps, 

Sasi- India  Cotnpaoy  v.  Ttiomas  Satidys. 

Jilft.     Wilhint*  Mr.  Solicitor- Genera  I, 
ajrgue  that  ause  io-day  ? 
Sadtciiar  GcJuruL    VW,  Kir. 
Kr.  Jost.  If'ilAinf.    Mr.  PuUexI'cn,  dn  you 
Vfue  am  tit«  otber  side  ? 
Mr.  Poilcrftn,    I  da,  Sir. 
Mi.Juat*  HifAtiu  Th«ti,  ^oillefneo,  )«i  hiro 
to  the  bar. 

vr  GtiicnaL  My  lord,  this  is  an 
the  caiie»  brought  by  the  East- 
Uii^GiNlipaiiy  agiiiiibiHfttidys;  h  herein  tbey 
ilCtli  tkat  the  king,  reciting  former  litter» 
granted  lo  thii  cimfmny  to  incui  |»oratc 
^nml  a  cborter  to  such  paiticukur  men, 
iis  Ibeni  a  c9r{H»mt  ion  Vjf  the  nKine  of 
*Tbe  gt«tnior»  ^c.  Jioii  did  ik^i^ut  to  them  the 
ipte  trade  id  a.U  tbr  parts  tipon  the  fxiaxts  of 
AWt  a,  ami  America,  f^tjdi  tlie  Cape  of 
luu  Ajid 
uit  lo  this 
ipaiiy  aud  buccx^bu;^  Um;  bulc*  tmdc  ;  nud 
led  ii  Ihem,  that  no  other  of  the  king's 
ihoidd  trade  within  those  limits,  and 
\y  probihit  nW  his  j»iit))«_"cts,  to  trade 
not  being  oi^  the  Conipiniy,  m  ithont  n 
inoce  from  thetn.  Then  they  Muy,  tbat  Mr. 
iMidys«  bein^  one  of  the  kind's  siibjeeiii,  did 
laist  Vftm  him  to  trade  Mrilhui  the  Uinitv  of 
thaie  kttera  pstents,  iQ  ivil,  at  ^h:\:.m*u^n,  not 
batillg- a  iiceiioe  from  tlieir  f  '  i  Qiiy 

Qlhar  atitbotity  to  do  it.    And  i  ;.>y  to 

their  dajiiaoe  of  looo/. 

Mr.  l^tidyB  to  tills,  alter  he  prayed  Oyer  of 
die  laMtira  paientK,  nhicli   lUe  net  torih  in  fine 
I,  ideada  the  stAtote  of  18  E.  :L  whieh 
tAat  the  nea  bhall  i>e  open,  nod  all  mer- 
go  with  their  merchandize,  where 
To  this  plea  we  have  *hninirrcd. 
lliia  Record,  the  questions  will  be  thetic 

Firat,  Wheliier  or  no  the  patent  to  the 
Biil-ljidk  Company,  with  a  prohibitiiiu  lo  all 
itecti»mA^withiii  their  Umm,  thereat  aet 

,  be«giood  patent !"  Tl *»  '^^ 

Uy,  Whetbei,  u':  ' 

tkM  aotton  wHIht ,      _  '^ 

%  but  lionet  m  th«s  Company » or  whether  li 


pss  iooh  an  interest  to  the  Company  with 
Ircence,  a*   will   entitle  them    to    an   actioti 

ag^intit  tony  ihai  shull  inti  nde  or  incroach  upon 
their  trade? 

Fir«t,  My  lord,  I  am  to  prove  thai  thiserraot 
is  good ;  and  here  these  considerfttbils  will  fail 
in. 

First,  Whether  the  kiii«c  had  jwwer  at  com^ 
nion  law  to  have  madesoch  a  grunt? 

Secondly,  IVbelhcr  that  i>o\ver  be  an^  way* 
abrid^yeil  by  any  af*t  »»f  pai  hameat,  at  H  is  much 
ioiisted  upon  iTy  the  other  side  ? 

Anm.  First,  That  tht  "  '«eh  a  power 

at  f3onimon  bw,  I  com  «,  for  the3c 

reasons : 

Frr«t,  BeefttiKe  no  snhjki  at  the  common  law 
had  a  rigirt  lo  trade  wiili  infidels,  no  nrn-  to  go 
thither,  without  lictiace  from  the  kiog  first  had 
and  olitaitif»d. 

!4i;!eontli  vs  No  snrfi  trade  can  be  ^ahltsh^ 
without  prtHM^T.  r*t  ir.--»iM'S,  imd  no  such  treaties 
cmi  l»e  inudfi  •  ,  withtint  licence  fi-oiB 

the  kin^  to  ;u.     If  therefore  thii 

patent  does  not  restrain  any  natural  liberty  or 
right  that  the  9uliject  had,  but  ts  Introduciive  of 
a  new  one,  they  liad  not  before  ;  it  will  not  h\l 
out  to  t>e  within  thede^niiioo  of  a  monopoly,  in 
which  it  iti  one  essentinl  pai  t  that  it  re&tnkiiii 
peo^k  from  that  hberty  they  had  befo»^. 

^ow  that  no  sohjett'  had  a  n|*ht  at  common 
law  to  trade  with  iulidels^  or  go  int«  an  intldol 
*-ouiilry,  without  heeuee  from  the  Urtig,  will  lie 
evident  thus.     And, 

First,  It  will  be  ircr^T^"^'^^'*'-^^*'^"  '"♦>«♦'•'  we 
enter  iifKin  that  qnet^ioti  i  ^f 

all  ri^hl  In  "rmnd  to  Iru  ,_  :        _  111- 

tiated  ;  i  is  ptniOt 

Ftrvt,   I  r  in  no  trade,  bat  what  de- 

pends wjx»ri  the  good -will  and  pleasure  of  the 
foreign  prince  with  whom  it  is,  \vh ether  he  will 
admit  it  or  no ;  that  h  pretty  cltar* 

8eoi*udly,  This  may  be  restrained  by  a  tdtti! 
prohibition'  of  any  commerce  with  that  prince 
or  nation,  by  the  king  here. 

Thirdly,  Thougjli  every  man  now  and  mcr* 
chants  always  were  at  liherly  to  gn  atjroad 
uithnut  licence^  yel  the  !  -  -  -  ?-  .-.-».«..^  %ny 
man  h)  the  writ  Ae  tjh  i^ 

out  ot  the  kingdom  ;  an  J — .  .  ,.  ,  mg 
any  particular  cause  why,  or  u Hedging  any 
mntler  thni  is  irjiveraablc  and  triable  with  thi^ 
king.     And 

Fourthly  and  liastly.  If  any  foreign  prince, 
upon  eotiel tiding  £4 ny  fengue  or  treaty  with  thi 
king,  ahouhl  rcstmui  trntlc  lo  ain'  nuiober  of 
personn,  or  any  particular  qunlirtcntion  of  man* 
ner  ot'flriHfrtripg  in  it ;  1  see  iif^t  how  any  mrm 
ean  pretend  to  a  righl,  to  act  coiorary  to  fhaf» 
in  breach  of  sorh  ft  lengue  or  treaty  uittde  with 
the  king  by  rucIi  a  toreign  prince. 

Then^  we  say  finlhcr,  by  the  statute  of  S  and 
i  Jaeobi,  which  opens  the  rr  "«*  ^"  >>'»'iin  and 
FottugaJ ,  th at  dens ^how  pin :  :vt trade 

was  before  iiicloLcd  ;  and  it  ij  ow  that 

the  incloffureof  rt  was  illc<^al,  but  gives  a  right 
that  was  restrained  In'tore:  and  yet  I  aui 
from  affirming  that  the  subject  hait  no  rig  tit 


that       I 


t 
I 


t 


I 


that 


407]  STATE  TRIALS^  56  Chablbs  IL  1684.— 71l«  Great  OmrfMmi0pJk$i  [MS 

with  iofidds  wUboni lieeaoe  fimn  the! 


for  tbejr  are  looked  upon  as  enemiciy  naimjr 
in  a  spiritual  sense,  as  they  are  ot  a  csoBtnij 
faith  and  religion,  but  ihty  are  so  Irailid  m 
law ;  and  the  resolutions  ofthe  law  are  sooh  as 
we  may  sec  in  Cahin's  case,  and  the  19  H.  8* 
wbioli  is  a  book  the^  cited  and  was  quoted  hen 
liefore,  upon  tlie  nrst  argument  of  this  caae ; 
where  it  is  held,  that  a  Pagan,  though  he  be 
beaten,  cnniiot  hare  or  maintain  any  pctionat 
all,  because  he  is  perpeluiu  inimieus:  so  an 
alien  enemy  can  neither  maintain  a  real  orpcT« 
sonol  action,  as  it  \h  said  in  the  1st  Inst.  129,  B. 
so  a  Jewess,  thou;;h  bom  here,  and  marrying 
a  converted  Jew,  shall  not  be  endowed ;  ana 
so  is  the  same  book  3ii,  so  that  they  are  looked 
upon  n«>  more  than  common  alie'ns ;  for  we 
see  that  tlioiigh  they  are  boi^  here,  yet  they 
have  not  the  capacities  so  much  as  ol*  Deu* 
zens,  for  tlicy  shall  not  be  endowed,  as  deni- 
zens may .  And  though  my  lord  Coke,  by  the 
way,  says,  in  that  book,  no  ahen  can  be  en* 
dowed:  yet  I  find  in  the  parliament  rolls  a  pe- 
tition ofthe  Commons,  it  is  in  8  H.  5.  ni«  16, 
they  pray  that  female  aliens  may  be  endowed; 
and  the  king's  answer  is,  let  it  be  as  it  is  desired. 


trade,  though  it  has  been  objected  that  this 
tlogs  it,  and  makes  it  as  none ;  and  therefore, 
tliey  held  it  absolutely  necessary  to  disaffirm 
that  power  and  prerogative,  which  the  law, 
for  the  public  good,  dues  repose  in  the  king, 
and  that  upon  reasons  that  will  not  hold,  nor 
are  so  fit  to  be  urged  in  decency :  for  1  take  it, 
the  possibility  ofthe  abuse  of  power,  is  no  ob- 
jecuon  against  that  power.  For  by  this  argii- 
nent,  though  the  king  has  a  power  and  pre- 
rogative by  law  to  restrain  suljticts  from  going 
beyond  the  si  a,  by  a  A>  Exetit  Regnum^  no, 
lav  tlicy,  he  cann«>t ;  for  then  he  inav  restrain 
all  his  suhjefUs  Irom  going  ont  of  the  kingdom, 
and  so  imprison  ami  hini!er  every  one  from 
gohig  out  of  the  nation.  It  iA  the  s^me  argn- 
guUKMit  with  this,  that  they  ur^:e  the  king 
cbiiius  aprcn>gati\c  to  restrain  such  trade  upon 
occasion  ;  they  say  this  argument  cannot  hold, 
for  by  this  rule  he  may  restrain  all  commerce 
ami  trade  whatvoever :  so  that  this  way  of  ar- 
guing doi*s  strike  at  all  |M)wer,  and  I  need  give 
no  other  n^ason  for  it,  for  there  can  be  no  power 
at  all,  which  is  not  accomi>anicd  with  some 
trust ;  and  there  is  no  trust,  but  it  possibly 
(morally  speaking)  may  be  broken.    8o  that 

this  is  no  argument  against  the  right  of  the  j  But  I  mention  that  only  by  the  by,  for  it  ia  oot 
subject  to  trade  on  ihv  uiie  sidi\nor  agpiinst  the  |  at^ll  relating  to  our  question,  but  for  that  the 
preroguiive  of  the  king  on  the  other,  in  whom  ■  other  resolufiou  goes  to  it,  that  an  infidel  it  al« 
tlic  l:iw  has  roposol  a  trust  to  regulate  and  .  ways  to  be  treated  as  an  enemy, 
quality  trade.  |      But,  my  lord,  further,  that  all  infideb  «• 

But,  my  lord,  in  this  case  the  question  is  ■  likewise  aliens  andeaemiea,  in  reepoct  of  thdr 
not  of  so  huge  an  extent,  nor  so  ^neral  as  tl)is  |  properties  which  they  gain  here^  it  is  to  ha 
is ;  but  «uily  here  it  is  a  question,  how  that  |  i^n^thered  from  what  I  find  in  Rot.  finimi  SO 
righi  stands  wiih  resi»ectio  iiitidels,  and  that .  H.  d,  m.  5,  the  king  releases  a  debt  thai  was 
is  the  qiK*sti<Mi  before  your  lordship.  :  owing  to  a  Jew ;  and  in  the  same  roll,  49  H.  &• 

And  1  cannot  hut  ob>erve,  in  ir.y  entrance  ■  Rot.  finium,  there  are  divers  pardons  ot'ddbli 
into  the  qiusuou,  that  uitkss  the  law  had  once  '  owing  to  Jews,  some  in  recompenee  for  nr- 
boen  held  clear  in  this  matter,  this  could  nothave  i  vice  done,  and  others  in  corspassioB  ef  the 
come  to  he  an\  suhjivt  of  debate  now,  for  no  '  poor,  that  they  have  drawn  in  tobeeagaged 
such  trai^c  astiiis.  wuld  e\er  have  been  gained  -■  for  great  sum's  to  them, 
to  the  nation;  fur  none  eiMiUl  have  ventured  iiiM)n  I  liot.  Pari.  13  E.  l,m.  4,  a  Jew  died,  aai 
so  ha/at'd  us  ;«u  eutoi  prize,  or  so  chargeable  a  i  the  king  granted  away  his  goods,  and  hia  wi- 
projtot  us  this  was,  it'  it  had  be<Mi  anv  doubt  ,  dow  roiTeemed  them  for  1000/.  and  the  kiag 
whether  tlii»se  that  ruu  no  such  ailteimire  granted  to  the  Jewess,  that  he  would  notdii- 
should  be  admitted  to  reap  the  tir»t  fruits  :  charge  any  debu,  that  were  owing  to  her- 
of  it.  I  Thi^^  shews  their  properties  were  all  at  the 

So  that  this  qut'stiou  as  it  terds  to  overthrow  king's  mercy ;  ami  sometimes  the  king  gnnied 
tliisii-ado.  if  ihe  law  ho  taken  w.  he  as  tliey  Ucence  to  them,  and  gs«e  them  leave  lo  aiaigB 
woiil.l  haie  it,  so  it  o^erthmivs  i\w  Turky  trade  theu* debts.  Rot.  Pail.  ;)  £.  1,  m.  6,  which  le- 
too.  whuh  stands  u|k>u  the  saiut  fo(i:r*lation,  cites  that  it  was  provided  by  kinif  H.  3.  thttDO 
with  rt>>|HVt  to  the  pnihiSiiion  hvli^tUT^  patents  Jtrw  should  si^ll  his  ^oods  v.itliout  lioeaer. 
as  iliis  dm-^ ;  f«.»r  ilie  qutstion  is  not,  iijM>n  how  '"*  *  ' 
y.isy  tr-iKilu  |>r'.iIv3:o>aiv  t-.^  b€ot»i.>i:>ed.  as 
ii  is  o-nte'««.tl  ilu*  tiiius  are  easier  in  tbe 
Tji-k\  l\>«ii;mii\,ihjn  in  the  Ea-ii-ln^lia  I'om- 
].ii\\  ;  but  V  lux;.i:  an\  tern^s  ;\i  ..II  are  re*(ui- 
Mii- :  It  ja\  t<.:iu>  ^au  Iv  ;uuhimx1  uti:Hi  it.  iheu 
lli»  M  -irv  C^wxl ;  if  ;:oat'.  t:-i!i;a«&!  will  over- 
ly ..» *  ru*  V  .rkv  t  .j-;.!,  a:ii  :.\.  iIa  ::   .  -.  i-r  ihe 

q.U'-r.-.'.  xUv  si;li.* .  ;s  t'.-i*  w  •""*«  nj^ut  i!i*.\  j»:c»- 
tru  I  s*i  PKiiii  10  >:l:^!  u,\  v.  .;i  b  i^e  iiit  <.  i.auM: 
t.*  Viji\  ihvi:;  u<  >i  u^..i>;:  \i\^  fv:  a  r:::i;i.  a> 
ibey  vai.  .i.  ,;);u:u«(  lAe  «er\  iutemt  i-f  ihe  na- 
liiv..      Hi: I  to  ii-ii::;»  ;o  iurV-giiUiiiu  ; 


The  kiiivr  grants  a  hccuce  to  Judct>  Nostra  to 
s«ll  a  debt  of  ^0/.  that  uasowint?  him  frnm  the 
bishop  of  Bath  an«l  \Veli»;  and  douUiessttia 
reuson  of  that  law  in  IK-n.  3d *s  time,  was,  ihil 
liu^  kin^  might  prevent  any  mischief,  that 
!i:  ti^lMxt  iipcHi  an  i:r.!ic  ia««l 


K<\^^vii  his  subic(-i&  2i«il  th'^e  inb4rks: 
this  jnpa-s  I'iainlv  bv  roi.sj'Ifnng.  that  by 
I'^c  ;tnoioiii  law  ctihe  :^ad.  no  Jew  could  iohs- 
bit  any  wbtre  whhxd  the  kingdom,  biK  whMS 
by  itbti>m  they  wtre  prnuittod  to  dwell ;  aid 
«o  i>  \i»n.  Cbus.  1  E.  !,  m.  7.  b  dune  ; 
tiad  20ue  and  iqhahil««i  at  \\i 
thev  were  remoTed  thcace,  and  the  j 


The  siihj«>n  caa  Lite  ao  such  tight  le  tnde    tou  iheieaaea  wh^.  AhuMi^  dec 


I 


STATE  TRIALS,  36CwAitBS  II.  l684 — Tkt  E.  /.  Cmpmtjf  v,  Sandtf$.  [4 10 


Thfy  Ind  particular  justicefi  assigtied  OTcr 
,  10  llicni,  to  determine  their  causes,  aud  titat 
y»u  aee  Rat  Clau*.  49  H,  3.  ra.  4,  ibe  kmg 
coOTlHuia  two  juslioes  ad  Cuttod.  Jud^rorttm^ 
m4  girof  ihem  powrr  to  determine  ih^ir  pkaM 
iftllie  places  where  they  were  accustomed  to 


Aad  Iberc  is  in  Rot.  Pari.  13  E,  1,  m.  7,  a 
Wjr  ivnMrkBble  record  to  tbi^  purpose,  Rex 

My  lonf,  I  find  another  record  like  thii  in 
lb*  patent  rolls  of  thai  year;  for  we  sec  what 
Gtf»  lJi«law  took,  that  Christians  should  not  l>e 
ctreiim vented  by  the  Jews;  and  thp  go?em- 
nwnt  had  an  eye  npon  thein^  that  they  should 
Milt  have  «»rnmtirce  one  with  another  ;  tliat  re* 
c«igt)i/4Uice9  should  be  enteral  in  the  presence 
M  Chri£tiaiis«     That  record  is  tlius,  Ilex  om- 

I  C^e  aee  a  man  here,  that  deals  with  a  Jew, 
4M  blip's  tbm^  fif  him  without  Uccncc,  and 
tli9  king  ^an(b  that  he  wouhl  not  trouble 
bifn,  or  proceed  agaiinit  him  by  law  for  that 


By  the  ancietit  law  it  appears,  that  if  a 
CKrwtian  married  to  a  Jew,  it  was  felony,  iind 
the  pitrty  off^ndrng  was  to  be  burnt  \  eo  is  the 
3*11  ^  and  there  my  lord  C<)kc  cites 

Kkt  iiitbority  in  it. 

V\\ni\  A\  this  it  appears,  that  Infidels  have 
noT%!ktro  trade  and  li-affic  here,  and  mtrelv 
tJmi  m»  ftuhject  has  a  riybt  lo  trade  wi»li 
tlieiA  in  fheir  countrv  ;  for  the  reMruint  cf-r* 
tiinliP  mitft  b4»  mutual.  And,  iny  lord,  for 
ik»  I  mfiH  femeniber  you  uf  a  caie  that  has 
bceu   h.ft.f^  #',»*..l    in   thin  casse,  and   that  is 

ef  in  Bm^vnktWy  where  my 

il  the  law  tu  b*f  a»  we  say, 

ftod  tiiat  he  iiatb  !$een  a  hcence  in  Edw.  3({*s 
time ;  ofid  that  be  la^s  was  for  the  safety  of 
rHi^nn. 

And  simlv^ftty  lonli  it  i»  upon  f ome  mich 
ftoii«Kl6  89  t\ti»^  that  the  law  provider  that  no 
npcomonitnicate  person  s\\vM  bring  an  action, 
8«M  r  (irf>//,  because  no  person  must 

c»n  1   theni  ;    iheretWe,  they   caunot 

sft?ti^  1  A*  ^  ntor  to  any  person.  Then  if  the 
l»w  be  cautions  for  the  safety  of  relig'inn,  as  to 
restrain  c«nj verse  in  our  country'  •,  ^  /or/ it/nit 
BiftV  ri'Mliain  the  sidrjects  lihc'rty  of  Iradinjr  in 
it)  mriili  1  i'o»i!itr\\  T^lien^they  must  be  under 
tti»  .^'piace;  and  the  inconveniencies 

in  f  \se  arc  s^rre  much  gi  eater  than  in 

tlh-  rHher, 

Yn€  we  see  in  Cal%ia*$  case,  if  the  kinj;  con- 
fiefs  win  infidel  cnunlry,  itieir  laws  actu filly 
««*e  till  the  kin^  \^%\^  them  new  ones.  Hut 
*iw  other%f  i*e  of  a  Cliristiitn  rounlry,  for  there 
lie  law»  remain  ttlL  the  king;  vfi  plesuseil  to  alter 

ihef  rcas»on,  my  lord,  ia  this,  the  kin^^n 
tire  in  makitit^  h agues  and  trnce«^  if? 
iHrjTirfi^  and  iiniimitt'd  as  the  &ubjr^cts 
I^^Mltt  lra«l«: ;  and  yd  in  the  c^se  nf  intideU 
tttt  li  restrained,  a*!  to  mmt.  s^ort  of  leagues 
tttt  A  Clirislian  prince  cannot  make  with  them, 
Ibc,.  For  fbat  yoy  may  see  io  the  4th  last.  155, 


where  my  lord  Coke  says  that  the  law  of  Eng^* 
land  b  so,  that  the  king  cannot  make  ♦  Foedus 
<  mutui  anxilii  aut  amicitiee/  with  an  infidel 
prince.  And  there  he  reckons  up  four  sort*  of 
ieacnes ;  three  of  which  he  says  may  be  had 
with  infidels,  that  is,  *  Foedits  "Paci^,  Ffedus 
"  Coiji^ratulatiouis,  et  Foedas  Commercii  ;*  but 
*  Fo?duB  mutui  Auxihi,'  he  says,  by  law  is  not 
allowable  :  and  herein  these  leagues  arc 
grounded  upon  the  law  of  God. 

Tliereforc  my  lord,  the  law  surely  doc«  ii<>t 
jjfire  the  subject  an  unlimited  fi^eedom  to  tradc« 
but  it  must  depend  upon  soclji  cautions  and  se- 
cuiHtj^  a5  nothing  but  auch  leagues  can  provide 
for;  which  leagues  I  am  sure  none  but  the 
kins{-  is  capable  of  making. 

This  then,  one  would  think,  were  enough  !• 
clear  our  patent  from  that  objection,  that  it  is  a 
monopoly.  But  there  arc  utlier  ihinga,  that 
make  it  yet  more  e**ident  it  is  not  so.  Aa  firsti 
in  all  the  complaints  that  bare  been  of  mono- 
polies, this  patent  naj*  nerer  counted  to  be  oae 
among  them,  nor  thought  to  be  illegal ;  if  il 
eter  had  been  thought  so,  the  statute  of  21 
Jacobi,  cap.  3,  which  is  a  statute  made  for  re- 
gulating of  trade,  would  never  have  been  made. 
In  ihe  next  place,  1  say  either  the  first  pateut 
for  Ihlh  trade  was  a  monopolvt  or  this  is  none  : 
the  first  was  none,  not  only  for  the  rcasona  X 
isravc  before,  but  because  it  wa*  a  new  trade. 
Patents  for  new  inveutions  are  not  made  gtXNl 
by  Ihe  statute  of  Si  of  king^  James,  hut  left  at 
they  were  before  ;  only  ihey  are  restrainc*!  to 
a  number  of  years,  an3  were  always  good,  be- 
caufic  they  wcic  for  the  encouragement  of  trade, 
and  of  useful  inventions  to  increase  thpm. 

A  fortiori  theiefoi^  in  this  case,  what  im,  of. 
much  greater  consequence  to  the  nation  'is  a 
|»oint  of  tradi%  thau  wiy  Ittilc  slight  inTention  of 
a  particuTar  thing,  must  be  tvllowcd  to  be  good  ; 
then  1  say,  sure  if  the  first  patent  be  not  a  mo^ 
nopiily,  then  neither  can  this  patent  he  a  mo- 
nopoly ;  for  there  is  no  law  that  hath  declared 
how  long  such  a  trade  as  this  is  may  be  in- 
closed,  as  the  statute  of  21  kiug  James  haa  tet 
limits  for,  as  new  inventions. 

And  agam,  tftis  company  is  for  the  ad  van- 
tage  and  benefit  of  the  natinn,  which  a  mono* 
poly  can  never  be :  and  that  it  is  for  the  benefit 
of  the  tiatioii,  npjteurs  by  the  statute  of  the  lith 
&*'llus  king,  cap.  24,  which  recites  it  to  be  of 
!  great  advantage  to  the  public,  and  for  the  en- 
couragement of  the  public  trade  and  navigation . 
Here  then,  my  lord,  is  both  the  judgment  of 
the  parliament  concerning  companieb  of  tlii^ 
kind,  ami  an  encouragement  of  tlib  particular 
company  by  the  whole  parliament. 

And  agam,  they  art;  taken  notice  of  in  ano- 
ther fiiaiutej  made  in  the  20ih  of  this  king^ 
ch,  1,  where  Ihey  arc  taxed  20$.  for  every  100/. 
capital  stock  in  ihe  company. 

Another  rea5M)u  is  this»  bee  ausc  of  the  abso- 
lute necessity  of  a  cnnipany  to  manage  this 
irafle,  not  onfy  in  rc!^pect  of  the  Endii^s  them- 
selves,  but  also  in  respect  of  other  foreign  na- 
tions, who  are  rivals  to  us  in  this  trade,  and 
are  ready  to  take  sU  advantages  against  ii& 


411J  STATE  TRIALSbd6  Charles  IL  i6S4^nB<fnaiCam0/Mmiif9lim:[/a% 

but  at  four  Uium  in  tbe  ^ear»  and  mmA  Hiy 
here  but  forty  clays  ata  time ;  aa  my  lord  Caka 
obterrea  in  his  comment  upon  that  fitaitute»  and 
cites  the  Mirror  of  Justice  for  it.  AaA  if  tbia 
law  pro?et  any  thin§^  relating  to  thia  queition, 
it  isy  that  before  tliat  act,  merchaata  could  not 
go  out  of  the  kingdom,  and  still  they  may  be 
prohibited  publicly ;  which,  though  my  lord 
Coke  says  roust  be  by  act  of  parliament,  vet  ha 
cites  no  law  for  that  opinion  ;  and  who  sub- 
Tuission,  the  word  public  doth  not  neoeasarily 


about  it.  But  this  part  of  the  case  is  much 
more  fit  to  be  discoursed  of  by  merchants  and 
statesmen,  than  lawyers. 

Yet  thus  far  the  law  falls  in  to  consider  this 
matter,  as  they  are  a  corporation  under  stipu- 
lations andleagiiies  with  other  countries  for  the 
carrying  op  of  their  traile ;  and  so  are  in  the 
nature  almost  of  foreign  plaotaiions,  umler  a 
regulated  and  Christian  govcroment  within 
themselves,  whereby  those  mischieis  are  pre- 
Tcnted,  that  would*  have  fallen  upon  an  un- 
limited and  unregulated  trade  with  infidels, 
that  are  enemies  to  our  religion  and  nation  ; 
which  the  law,  as  I  hare  already  shewn,  takes 
80  much  care  to  prevent. 

For  oiher  considerations,  whether  this  trade 
be  driven  to  the  full  extent  of  it,  or  may  be 
more  advantageous  to  be  enlarged,  as  it  is 
proper  here  to  be  discoursed  of  in  a  court  of 
law,  80  the  appUcatina  fur  that  must  be  made 
elsewhere ;  Tor  i  do  not  kuow  any  law  tliat 
hath  made  the  defendant  a  reformer  among  us. 

My  lord^  in  tbe  next  place,  the  next  ques- 
tion 18,  whether  this  prerogative  of  the  king  is 
abridged,  or  restrainini  by  any  act  of  parlia- 
ment, as  is  insisted  on  by  the  defendant's 
counsel  ?  I  think  not.    For, 

First,  In  general,  the  chief  trade  of  this  na- 
tion consistMl  anciently  most  in  wool,  wool- fell 
and  leather,  and  with  our  neighbouring  nations 
only  i  and  yet. 

Secondly,  Even  that  trade  was  restrained  in 
the  exercise  of  it ;  for  none  must  buy  and  sell, 
but  he  must  do  it  at  the  staple,  as  appears  by 
8  Ed.  3,  chap.  9,  that  abrogates  tlie  staple, 
and  afterwards  it  was  erected  again.  And 
then  in  the 

Third  place,  there  was  no  such  trade  as  this 
or  anv  other  ever  established  with  infidels  in 
those  days,  and  so  there  was  no  occasion  for 
such  a  law  to  restrain  them. 

The  best  rule  therefore  to  interpret  this  act 
of  parliament,  will  be  to  apply  the  remedy  to 
the  inconvenience  and  miscnief  that  was  before 
it.  If  then  there  was  no  such  inconvenience 
as  this  complained  of,  the  restriction  of  tbe 
trade  with  infidels ;  tl)f>n  all  may  reasonably 
conclude  and  insist  upon  it,  there  was  no  such 
rrmedy  as  tbe  layin;^  (\\n,n  of  a  trade,  as  tliey 
aIlc«lge,inteii(Ud  to  be  introclucrd.  But  if  we 
consider  the  ai't  iisf  If,  we  shall  sec  some  parti- 
cular reason  for  the  niakiii;;  of  it,  either  for 
tbe  taking  off  some  clogs,  that  were  ui>on  the 
traile  then  in  use,  or  the  providing  some  re- 
medies which  were  introduced  to  obviate  the 
present  inconveniences  and  mischiefs. 

First  then,  for  Magna  (Uiarta,  which  hath 
been  cited  chap.  30.  t!iat  (fives  liberty  to  mer- 
chants,   *  Quod   nisi  pnhlicc    antea  prohibit! 

*  fixerint,  habeaitt  salvuin  rt  securum  conduc- 

*  tum  exire  de  Anglia  et  venire  in  Angliam,  et 
^  morari  et  ire  per  Augliam,  tam  per  terram 

*  ^uam  per  aquam,  ad  emendum  et  vendendum 
« line  omnibus  malis  tolnetis,  ^c.  praeterquam 

*  in  tonpore  ffuerr».' 

TUf  ndped  merchant-strangers  in  this  |uur- 
"*^*~ir^tannse  bdbrc  that  they  oould  coma 


import  that  it  should  be  by  act  of  partiamtBt. 
My  k>rd,  that  law  tliat  codmb  nearest  in  woida 
to  this  case  here  before  you,  is  that  of  1  £.3, 
which  is  pleaded  by  tbe  defendant,  tliat  ia  part 
of  the  act,  the  hitter  clause  of  it,  that  the  psa 
be  open  to  all  manner  of  merchants,  .la  ftm 
with  their  merchandize  whither  they  ploaae. 

Tills  is  part  of  that  law ;  but,  my  kwd,  the 
meaning  of  tliis  law  is  quite  and  clear  anather 
thing,  as  1  sliall  shew  with  submisaion  aasfc 
plainly :  and  I  will  b^  leave,  my  lord,  a  lit|)a 
to  introduce  it,  by  givmg  you  a  ikistory  of  thia 
law,  how  it  comes  to  be  maile  ;  tor  it  is  but  a 
short  one,  and  it  is  only  the  last  daoae  of  it 
that  is  pleaded  by  the  delendant 

By  the  statute  of  the  11th  of  Edw.  3,  it  wii 
made  felony  to  transport  wool,  and  this  tof 
lord  Coke  observes  in  his  comment  npsn 
Magna  Charta,  upon  chap.  20,  King  Edw.  S, 
took  advantage  of  it,  for  exacting  money  af 
the  merchants,  fur  dispenaationa  with  the  lanri 
and  for  licences  for  transpofiiBg  ef  weaL 
Hereupon  several  complainta  were  wade  in  the 
parliament ;  and  particularly  in  tlie  17th  Jraar 
of  Edw.  3,  Rot  Par.  nu:  S8,  the  CeHBMM 
complain,  that  the  grant  of  40«.  upon  n  wtA 
of  wool  made  by  the  merchanta  only,  wai  nsl 
to  bind  the  Commons,  and  therefore  pray  it 
may  be  revoked.  The  king  answered,  this 
cannot  tend  to  charge  Uie  Commona ;  far  that 
there  was  set  a  certain  price  upon  wool  in  ereiy 
county,  which  the  king  willed  should  aland  | 
and  that  all  wool  sold  under  that  price  ahoold 
be  forfeited  in  the  hands  of  the  buyer. 

This  was  in  17  E.  3,  and  this  matter,  af 
lord,  among  other  things,  was  repreeented  la 
the  same  parliament,  by  the  same  merchanlli 
by  way  otailvioe,  as  a  thing  fit,  17  E.  3^  !■ 
dorso  uu.  68,  of  tlic  parliament- ndls  of  thift 
year, 
siimmo! 

of  wools,  ^  -      ,  _ 

times  to  come  as  "they  say,  and  that  waa 
abuse<l ;  they  pray  liberty  to  buy  woob  as 
freely  as  other  mercbandi7.es,  aa  thev  eM 
agree  between  buyer  and  seller  ;  aud  tnat  al 
in<lictnients  and  proceedings  coiitraiy  to  tfail 
law  might  be  stayed ;  and  further  they  aid 
their  advice,  that  the  king  wouhl  ordain  th» 
staple  in  some  place  in  Ejiglandj  rather  thai 
beyond  the  seas. 

I'hen  comes  the  IB  E.  3,  Rot.  ParL  no.  Uk 
among  other  petitions  of  the  Comnaoae,  ihMt 
are  these  which  refer  to  the  first  part  of  tl|e  iik 
of  pariiament :  that  the  pricea  aet  upon  theee< 
of  woob  in  every  county,  which  vau  mm%% 


I8J  STATE  TRULS,  36CtiA]tLcs  II.  i6ai.-*tlf  £*  /.  Company  t.  Sdniyn,  [414 


ibati  ftdranta^   of  the  fcDrile, 
lit  be  ousteiif  and  that  rvery  aac  may  ouy 
^  fti  be  can  ft^e  with  the  tetlef,  tuid 
rsecQSed  Ibr  doiog^  the  e<mtrarf . 
i*y  lar*l,  explAiu^  Ihe  fir?,t  part  of  that 
riiameni  ;  that  the  ordiiiauces  hefore 
ttfla€  made  upon   takiog  sorts  of  wool« 
fTos  imprinted  in  Rastall,  and  all  the 
-books  ;  (for  the  roll  i^,  *  sur  oris/)  and 
I,  and  that  every  J«an»  a«  well  straiDger 
reii»  may  bcncrfbrth  buy  woul  as  he  can 
witii  tho  S4il!er,  as  they  were  woQt  to  do 
tiie  sard  ordiuanrtii. 
N^w,  my  lord,  you  shjill  <!*^€  the  latter  part 
fihe  act,  which  h  thai  they  pleud-  among'  the 
*   on*  r»f  th«*  Com  moos  in  the  said  roll,  theie 
That  whereas 
Flanders,  that 
»|»u'  ii»r  \v«ir»i  snr>iiia  i>c  held  at  Bnigiis  ;' 
tittle  of  which  grants  all  matitier  of  mer- 

J  th«f    '      *    '-  i-..-.i",^  Genoese,  Cutalo- 

oiaitti  Spa>^  rs,  who  used  to  buy 

"^  "  .1,  andearry  thero  out 

it  !  s€ii,  vvhtTC  tfjey  would^ 

p  »i.i^i,         ,  "I  iiioreasj^  of  the  price  of 

W0ol,  tnLiher  commt; :  yet  the  towns  of  Bruges, 
Ipf"-^,   hnvr  of  \iii€  ordained,  that 
fe,    be  sold  to 
MP  said  country 

10  the  dainagf! 
lU  and    of  all 
pnalty  i    i»n<i  iLiirttore  tbey  pray 


^  antwl  hy  the  1;' 
buy  wool^  ii  ibev  were  m 

^w?itah<»nN*  iu.\^...i  «..  ^u 


r  *'  ^  they  may 

;  uud  that 

T^.  .  i.ij  to  make 

Thfn  thev  pray 

'  ^  .s Wei's  may  W  put 

r  of  a  patent  under 

-  is  done,  in  which 

thin  tery  statute  of  18  E.  3.  tii  tcrmmit 

pHntcd.    And  this  platrdy  shews,  that 

bring  to  lie  ojieu>  and   merchants  to 

pm  wH*rv»er  the^*  pUmse,  was  only  in  answer 

1   and  rejyr-  nndtorc- 

itf ;  iha/tl  (ary  here, 

''      "  .i»'ce»*- 

was 

■'■^f  ill  tirirj^r^.    isiiM  jrijN  i'^  Itkc* 

!'>  the  adilce  and  petitions  of 
re  the  17th  E.  3,  That  the  king 
1  a  sjtaple  sonaewhere  in  Eng- 
pai'ts  ne}  ond  the  seas. 
I,  for  the  rest  of  the  acta  of  parlia* 
fiave  been  cited  on  tli'^  otber^ide,  I 


apd  no  act  of  parliament  bath  taken  it  away. 
Then  I  say,  the  quc^ttton  is,  ^hdhtr  an  action 
lies  for  the  compAoy ;  tbat  h,  whether  it  tie  a 
bare  licence,  or  coupled  with  an  intercs|( 
And  as  to  that  poinr^  1  aball  be  very  short, 
to  nic  it  setfni^  to  be  no  question  ai  alL    For* 

Fir^t,  thry  are  at  a  great cb arge  luid^xp^iet 
to  support  this  trade ^  and  therefore  surely  tli«jr 
ou^lit  to  profit  hy  it, 

Sei.^oudly,  Thcty  are  looked  tipon  by  the 
parliament  to  bare  an  interest  iu  ttiis  tratle^  or 
elsie  they  had  nt:ver  been  tarred  lo  high  as 
twenty  sVdhnjCTs  for  every  100/*  in  their  stock. 
Then  if  they  ha?e  an  interest  in  the  trade,  this 
tradinjr  of  urn  defendant  is  ati  encroachineikt 
upon  Uiat  interest,  and  th«fn  here  ia  '  daninum 
et  issLJuria;*  which  will  entitle  them  to  aa  acr 
tion. 

For  so  it  1$  in  other  things :  a  fatr»  in  &omc 
sense,  i<t  but  a  licence  to  hold  a  market  9i 
such  a  time,  in  such  a  place ;  hut  because  of 
the  profit  that  tends  to  that  hberty^  aud  Uic 
charge  ihat  [k*»  nnrtv  ]<  r.t  In  L,  i  iTdi.''  nf  if,  an 
action  does  li>  iWtfp 

another  fair,  i        ^ 
tlie  first  grant. 

In  the  commnn  case 
vnitionv  an  &< 
without  hcenc^ 

by  the  gTBul,   ami  the  cluiiijC  lis  ? 

that  invents,  i«  at,     S*>  that!  thi  I 

with  submission,  we  have  hcie  aiJ  ai 

this  trade ;  and  an  interest,  I  aay,  ^  a 

licence,  well  founded  upon  thckbi- i  itikfrs 
patent;  which  the  king  had  power  to 
by  prerogative  at  tH"  *  ""^I'mn  law  j  and 


^■.  '  .  :. ii-U  had 

of  pntcTit«  for  new  iA" 

^*    iu>€M»UOU 

•stconveved 


power  not  restraui: 
Aiwl  therefore  I  hit 
for  the  Plaintiff, 


ct  of  parliameaL 
yonc  Jfldgmez^ 


Mh.  POLLEXFEN,  (AfrruwABus  Lo»i>  Cniir 
JcsTicr)  •. 

DeTerm.  Pasch.  Anno  Hegni  Ilegis  Caroli 
8ecundi  xxxvi.  Die  Lunic  xxi.  Aprths, 
Anno  Dom.  1684»  Banco  Regis.  The 
Bast- India  Company  against  Thntnaa 
Sandys. 

Mr,  PiiUixfen,    Nay  it  pkaae  your  lan^ 
ship,  the  Governor  and  Coaipaoy  of  iti«rob«iili 


r-nter  upon   tin 
)^m\v  at  ihe  tir>T 


and 

,;r  ia 

;,  Lud  \Li\'  few 

:  iOn  now  belore 

>  w\\\  appear  plainly 

ijcm. 


*  The  following  ia  a  fulWr  re[>ort  of  tb* 

opening  of  tike  Argnwent  of  Mr,  PoUexfen,  aa 

but  I  <nvcn  in  the  MH.  of  Owen  Wynne,  in  the  AU 

they  j  Houls^  Library,  aud  already  alluded  to  in  tbt 

""*' '  Nou  to  p.  an. 

For  JUaodys  a^aioyt  tlie  East- India  Coiu^  t 
pany,  in  an  Action  on  the  Caj;«i  whereti 

tlie'PetilioufTs  declared, 
That  --  ^  -'     '      f:iag  Ivy  Uii  Idteri pto- 

theCoiui.oi  V   '.       ■ .  M^fiia iridiii|jy.to tfce  Bait 
Indies  have  been  long  a  corporatioui  and  «a* 


I 


I 


opened;  andtbecMetipoa  the  recoid 
thu: 

These  plaintiffi  briDg  tiietr  «ctiei»  i  _ 
the  defenauil,  and  do  dmarei  tiialtiieidiDg  by 


415]  STATE  TRIALS,  dffCHABLBtIL  leH^neCrttiCtmffMgmfan:  [416 

of  London,  trading  to  the  East-Iodies,  tbcr  are 
l^amtiffs,  and  Tnomas  Sandys  is  die  defend- 
ant. If  yoor  lordship  please  I  will  open  a 
little  more  of  the  record  than  has  yet  been 

joyed  diverse  liberties  and  pririleges  by  grants 
from  queen  E.  and  king  Jac. 

That  the  king  was  informed  that  diFerse 
ioconvenienops  and  disorders  were  committed 
to  the  prejudice  of  the  C'Ompany. 

That  at  the  Petition  of  the  Company  the 
lung  grants,  ratifies,  and  confirms,  to  the  Qo* 
Tenior  and  Company  of  Merchants  of  London 
trading  to  tlic  East-tndics, 

That  they  should  for  ercr  be  a  body  po- 
lice by  the  name  of '  (iubernatoris  et  Sori(*tatis 

*  Menalor'  de  London,  in  (irieiitOem  Tndiam 

*  negotiant',  ac  eos  p<T  nonien  GubernatoriH  oi 

*  Sooetat.  Mercator.  in  Oriental.    Indiam  ne- 

*  gotiant :  unum  corpus  corporatimi  et  poli- 

*  ticum  in  facto  et  nomine  reaUtcr  in  perpiMuuni 

*  fedt,  ordinavit,  constituit,  stahilivi(,  et  <li;cla- 

*  raTit  per  literas  patentes  illas.*  With  power 
to  pm^ase,  sue  and  be  sued,  by  the  name  of 
Oi^emor  and  Society  of  Merchants  of  T^ondon. 

And  that  they  and  all  those  tliat  then 
were,  or  should  lie  of  the  Company,  and  all 
Iheir  sons,  at  the  a^ e  of  twenty -one  years  or 
more,  and  all  their  apprentic(*!i,  factors,  and 
•enruits,  who  should  be  employed  by  the  Com- 
pany in  the  said  trade  to  the  East- Indies  be- 
yond the  seas,  miffht  traffic  and  use  the  trade 
of  merchandising  by  sea,  by  the  passages  and 
ways  discovered  to  the  East- Indies  beyond  the 
Cape  de  Bona  Speranza  unto  the  Streiehts  of 
M«^11an.  In  such  order,  manner  and  form, 
freedom  and  condition,  as  from  time  to  time, 
It  any  public  assembly  or  court  holdcn  by  or 
for  the  said  Governor  and  Coin|»any,  by  of  be- 
twixt tiiem  of  the  said  Company  or  the  greatest 
part  of  them  present  at  sucn  assembly  or  court 
shall  be  limited  or  a^eed,  and  not  otberi^isc, 
any  diversity  of  religion  notwithstanding,  so 
as  the  trade  be  not  with  any  Christian  prince 
or  state  in  league  with  our  prince,  who  siiall 
not  accept  of  their  commerce,  but  refused  to 
accept  the  same. 

And  that  the  Company,  their  factors,  and 
servanlH  and^assignccs,  in  the  trade  of  iner 
chandise,  shall  for  ever  have  the  whole  and 
sole  trade  and  traffic,  and  the  whole  freedom, 
use,  and  privilege  of  trading  and  merchandising 
to  and  from  the  East- Indies,  in  such  manner 
as  before  mentioned :  and  that  the  East-  Indies, 
or  isles  and  places  thereof,  shall  not  bi^  used 
or  haunte<l  by  any  of  the  king's  subjects  against 
the  true  intent  of  the  letters  patents. 

And  bv  the  same  letters  patents,  the  king 
/commanded  all  his  subjects  tliat  none  of  them 
ahould  visit,  freuuent,  or  trade  in  the  East- In- 
dies, unless  witn  the  licence  and  agreement 
with  the  Company  first  had,  under  their  com- 
mon seal. 

That  by  virtue  of  this  patent,  the  plaintiffs 
hnve  been  and  still  are  a  oorporaiion  trading  to 
Ihm  Baat-Indies  widi  t)ie  inhabitants  thereof; 
wko,  at  thtt  tHM  of  thi  Mlm  patfDts  granted. 


weoe  not  nor  yet  are  Christians,  nor  tolnects  of 
an^  Christian  prince  or  state,  but  infidttL  ene- 
mies, and  ad?eraaiies  of  the  Christian  faith ; 
and  that  their  trade  hath  been  to  the  profit  of 
the  whole  kingdom,  and.  increase  of  tM  king*0 
customs ;  that  this  trade  cannot  be  canied  on 
but  by  a  body  politic.  And  that  from  the 
making  the  letters  patents,  they  have  bad  and 
ou^ht  to  have  the  sole  trade  there.  That  the 
defeiidani  Sandys  being  a  subject  of  thekingX 
hut  no  uieiiilier  of  the  Company,  nor  being 
son,  factor,  apprentice,  servant  or  aaaBgnce. 
afler  the  lettcr-i  patents  passed  the  19Ui  ot 
January,  34  R*.  nunc,  to  the  Baat-Indieai  be- 
yond the  Cape  de  Bona  Speranza,  and  thisnde 
the  Straits  of  Magellan,  in  certain  ulacei  called. 
Atheon,  Macklapaton  and  Porto  Novo,  with  a 
ship  called  the  Expectation,  hath  traded  and 
merchandised,  and  divers  wares  in  the  mid  iUn 
to  these  places  transported,  there baigiincdaoi 
sold,  and  other  mercnandises  there  bougbt,  and 
into  tliis  kingdom  imported,  without  the  liooBCt 
and  against  the  will  of  the  Company.     '  In 

*  eon  mi  pricjudicium  et  dcpaupecationein  nn^ 

*  nifcstam,'  and  against  the  term  of  the  let- 
ters patents  *  ad  damnum'  of  the  Com- 
pan\'  1,000/. 

The  defendant  demands  Oyer  of  the  Let- 
ters Patents,  which  are  set  forth  in  A«e  ncria. 
Aud  thereby,  atWr  naming  the  govenNr,  the 
twenty  four,  and  constituting  a  general  eourt 
of  assembly,  and  the  powers  of  eledioipa  of 
tlicir  officers,  that  the  king  doth  grants  aa  in 
the  Declaration,  so  far  as  there  mentioneJ. 
But  then  thev  leave  out 

*Mn  the  clause  of  grant  of  sole  trade.'*  At 
the  end  thereof,  they  have  omittc^d  thia, 

*'  An<l  that  the  said  Governor  audCoinpeny, 
and  every  particular,  and  sc\eral  person  tMl 
now  is,  or  hereafter  shall  be  of  the  CompanVf 
shall  have  full  and  free  liberty  to  lioenoe,  ■ 
form  aforesaid,  to  aud  from  the  said  Easl- 
Indics,  according  to  the  orders,  ordinance,  and 
agreements,  hereafter  to  be  made  at  their  pdb> 
lie  court.** 

On  the  recital    of  the  clause  prohibiting 
others  to  trade  wiili<mt  licence,  under  the 
inon  seal,  they  leave  out  a  part  of  thai  a 
which  is  this, 

**  Upon  pain  tluit  every  such  person  Alt 
shall  trade  to  and  from  Uic  East-UMfies  inflir 
the  forfeiture  of  his  merchandize  he  shaO  hriig 
into  the  king's  dominions,  contrary  to  the  pnN 
port  of  this  charter,  which  the  Company  ihiB. 
lind  in  the  East -Indies  where  they  traffic,  anf 
also  of  the  ships  wherein  the  merchindiae  MB. 
transported,  one  half  to  the  king,  the  otbv  f0 
the  Company,  and  imprisonment  of  the  iF^ 
fender." 

Then  fo!k>w8  a  clause  or  gruit,  that  te 
Coihpany  tor  any  considention  or  bearfUlli 
bo  taken  to  their  own  me,  may  Brmil  1 


U'7]  STATE  TRIALS,  36  Chahles  IL 


I  yskVml^  to  tke  idUi  yesr  t>t  bis  reim) 

I  ^rmot  tu  tiiam  the  ho\e  tvnde^  between  lue 

of  Good  Hope  and   the  streiali^  of  Ma- 

in  die  £a3t-In<tie« :  and  did  also  grant 

'  locrchatU^  stranger,  or  other « to  trade  to 

"ft'  '-idies, 

T  jiq-  jn'ftnta  to  the  Company,  tbat 

•  ^  about  tlie  consent  of  the 

V  :ce  to  any  ti>  or  from  these 

i     Thea  there  it  iL  clait^  thai  none  of  the 
CoEuuai>y  «thal1  bare  a  ^ote  in  tbe  General  As- 

&efob(y,  ufil^ras  be  bare  5lX>/.  in  tlie  stock ^ 

Aii^  Oyer»  the  defeoilant  pleads  tije  statute 
ld,£*  3.  c,    «  wbereb^^  it  is  enacted ,  that  the 
tea«  shall  be  open  for  all  inerchanK  ii>  ^i:<A<) 
Wiih  iheir  mcrcbaodtie  wbererer  il 
tad  that,  by  nrtue  thereof^  Jiil  inn)  i^ 

^-lUumtion  alleged,  *  prout  ed  bene  Jicmt.' 

TVe  PlaintilT  demurs. 

Before  I  come  to  state  tbe  points  and  ques* 
( pptm  whicb  tbe  question  truly  depends^ 
to  shew  wbut  are  not  tbe  points  or 
m  in  this  Case. 
1.  ll  is  not  the  point  or  question,  wbeUier 
Ch«  kinii:,  by  law,  can  restrain  any  ol  bi£  sub- 
jectSi  to  Ko  out  of  tbe  hingdam. 
**   :  the  king  iiiay  do  so,  and  tbis  without 
liou  of  Christ ian  or  luhdel  country,  &c« 
[  m»M£^  as  occasion  may  be, 
$.  It  b  not  tbe  question,  whether  tlie  king, 
ifty  law,  can  restrain  any  of  tbe  kind's  subjects 
]  fttueh  n  country  or  places 
It  tcray  t»e  done  upon  any  particular occasioo^ 
I  »ic»r  '.  .      ■  r  ''l:i,gue. 

I      h  y-'ice  to  argue,  that  tbe  king  can 

to  you  and  your  successors  for  ever,  a 

;  tradic  lo  such  a  county  or  place,  excluding 

I  other  his  people,  excfpt  with  leave  or  li- 

Because  be  can  restrain  this  or  tliat  sub- 
)flet»  lliefefore  he  can  gi'ant  a  sole  trade  to  the 
fbintiff,  excluiiting  all  others  but  you  and  such 
IS  vvu  licence  for  ever : 
Because  he  can  upon  particiilar  ot^asion^  of 
r  or  plague^  restrain  or  prohibit  any  subjects 
Dgo  or  trade  to  wxxcU  a  city  or  couulry  : 
That  wlien  tliere  is  neither  war  nor  plague, 
kking  &bould  ^ant  a  sole  trade  to  ariy  par- 
*    itier  bodies  politio  or  na- 
l  others  for  ever. 
"Ctui  iiiiA  riv  uy  ihe  law  alone? 
IttluBibiiiidation  will  warratit  it,  though  ic 

" te  tills  be  with  I oti dels,  and  upon  tbut 

[  «on>e  ditfereuce  tnia^ined  betwixt  an 
I  and  a  Chritttian  country  : 

remctubcr.  your  reason  ur  foundation 
ttt  difltinguj«h  or  moke  a  dilfetence. 
For, 

]f  hec4i)ie  the  king  both  power  to  retitrain 
flr  prohibit  subjects  lo  go  out  of  the  king-dom, 
yt  by  occasion  of  war  or  plague,  ail  bi*  ^ub- 
j«Gla  from  trading  to  such  a  city  or  country  t 

8u»ce  tills  power  (you  must  agree)  extends, 
II  wdl  ioChritUiuu  u  Infulels,  citv  orcouutry, 


gruu 
Vmk 


l68i.^7%f  E.  I.  drnpoAff  v.  Sanies,  [4^9 

unto  tljeint  ^hat  tbey»  and  nobtniy  else,  should  ■ 
come  thither^  nor  trade  there;  f>'^f'  *^  v  d«»  ' 
say,  the  defendant  did  come  thii  >li4 

trade ;  and  that  this  is  to  the  pbiiiu ^..i^^e. 

This  deicudaot  has  prayed  Oyer  of  tbe  let- 
ters |»atent ;  and  tbete  are  some'  things  that  are 
not  mentioned  in  tlie  declaration  i  but  not  l>eing 
npon  the  record,  and  appearing  upon  tbeOyer^ 
1  crave  leave  to  open  them,  that  I  may  make 
use  of  theiu  in  the  discourse  I  ain  to  make ; 
and  1  desire  your  lordship  would  please  to  take 
notice  of  them. 

In  the  letters  patent,  when  they  cbme  to  the 
prohibition  and  re^itraint^  the  prohibition  and 
restraint  is  in  this  manner,  which  they  have 
left  out  in  their  declarntiim.  The  letters  pa- 
tent  do  prohibit  tbe  trading  without  a  licence^ 
n|KJn  pain  that  etery  sudi  person  that  thall 
trade  lo  or  from  the  East-Indies,  iilial.  ituMu- 
the  forfeiture  of  hia  raercbandizt, 
the  ship ;  one  raoictv  to  tlie  king,  li 
moiety  to  tbe  flast-fudia  Company. 

And  then  tberefollows  another  chuse,  which 
is  omitted  also  out  of  the  declaration  ;  and  that 
is  a  cluuse  of  ^rant  to  the  company,  that  for 
any  couiddcratiun  of  benefit  to  theii'  own  us^^ 
ihey  may  grant  licence  to  strangers  or  otbersi 
to  trade  to  ant)  from  tbe  East- Indies. 

And  then  there  h  another  clause  (bat  ifi 
omitted  aUo,  and  that  is  tliis,  that  tbe  kba^ 
grants  to  tbe  company,  that  tlie  king  will  mA 
wilhout  consent  of  tlie  companyj  give  lioenGO 
t<»  any  persons  besides  the  company  to  trade 
thither* 


the  granting  of  dole  trade  to  one  subject  or 

body  pobtic^  and  rest  rain  inj^  all  others^  is  tbe 
same,  whether  it  be  to  Cbrwtiun  or  Intidd>  city 
or  country  i 

And  wlien  you  cite  ^tat.  3  Jac.  6,  that  ebacts 
tbe  king's  subjects  shall  freely  trade  to  Spain 
or  Portugal,  notwithstanding  the  dinrter  vi  In* 
corporation  granted  to  som^  merdiants,  and 
the  prohibitions  in  those  chart<*rs  : 

And  from  thence  argue,  that  because  there 
were  prohibitions  or  restrahits  by  Charters  as 
to  tbose  countries  which  were  Christian,  there- 
fore such  ft  sole  trade  tu  an  Infidel  country » re^. 
straining  others,  is  well  granted : 

\  ou  must  have  it  admitted,  that  such  a  grant 
to  these  countriei9  is  good  and  legal,  or  else  yod 
argue  from  that  w  Inch  you  grant  not  to  be  le- 
gal, to  prove  another  hke  grant  legal. 

Or  at  leai»t  by  the  same  ai^uments  and  r^* 
sons  maintain  such  a  grant  of  !%ole  trade  to  1^ 
good,  whether  made  to  Cbriitian  or  IiiJidel^s 
country. 

If  then  not  being  the  point  or  question  la 
tbb  Case, 

\V  bether  the  king  can  lawfully  restrain  hia 
subjects  to  trade  to  a  particular  country  or 
place,  whether  Christian  or  Infidel 

Tbe  questions  plainly  and  shortly  are  : 

1.  ^\lietlier  tlie  grant  of  sole  trade  io  th4 
Plaintiff  be  g<K)d  by  grant  or  not  P 

3.  Supposing  tbut  ii  should  be,  whether  theil 
this  action  be  inaiutaiuable  or  not  ?  ^u. 

2E 


I 


419]  STATE  TRIALS,  36  Charles  11.  l684.-*-7%e  (h^ai  Case  ofManopoKes :  [420 


And  there  is  likewise  another  clause  which 
I  wonid  take  notice  of,  that  nobody  of  the 
Company  should  hare  a  voteinthedompanr, 
unlpHs  he  have  a  stock  of  500/. 

These  clauses  nowheihrr  in  the  letters  pa- 
tent, and  the  letters  natcmt  huing  set  forth  tipoii 
the  record,  they  are  become  parts  of  the  caM^-. 

The  deiendaut  lias  jdeaded  the  statute  of  lo 
£.  3.  and  thereupon  there  is  a  demurrer. 

Bfy  lord,  the  questions  thai  are  in  the  cause 
arc  only  these  two : 

First,  Whether  or  no  this  ^"anl  of  the  sc»Ic 
trade  to  the  plamtiffs,  be  a  g-ood  grant  or  not  i* 
And  next. 

Secondly,  Supposing  it  should  be  a  ^od 
pant,  whether  or  no  the  plaintiffs  can  main- 
tain this  action,  as  now  it  is  broo^t  ? 

My  lord,  in  the  arsrumont  of  this  case  dircrs 
things  bare  b<K*n  said  in  which  I  i>hall  diifer 
from  the  other  side  ;  but  only  take  notice  how 
iarthey  may  be  of  force  in  point  of  argtinunt, 
to  make  the  questions  that  arc  in  the  case  to 
turn,  as  to  the  law,  one  way  or  other. 

My  terd,  it  is  no  question  hut  that  the  kin^j, 
hy  law,  can  restrnfn  any  of  his  suhjerts  from 
gfoinir  out  of  the  kingdom  ;  for  the  kin^  hath 
a  particular  interest  in  the  s('rvic«'s  of  his  sub- 
jects ;  and  therefore  it  is  most  rr'asonal)le  and  an 
undoubted  rule,  I  think,  in  the  law,  that  the 
]nnG^  may  restrain  any  particnlar  subjects  '  pro 
'  hie  et  hunc,'  as  the  kiii^  takes  it  to  be  most 
necessary  and  conTeiiiuot  for  his  seiTice  to 
restrain. 

Next,  my  lord,  Tdo  not  deny,  but  think  it  also 
to  Ik?  a  law,  Tliat  tlie  kiutr  niaj^  lestruiu  all  his 
Kulijocts  from  a  trade  to  such  a  particular 
country  or  city,  iipou  sdur*  reasons  or  occn- 
nions  ;  as  in  tiuus  <>f  war,  and  times  of  phig-uc, 
itiat  I  reckon  by  law  inny  be  done  very  well. 

1]ut,  my  lord,  that  is  not  the  question  in  our 
case  ;  for  the  question  in  our  case  is  a  questir)n 
concerning  a  sole  trade  granted  to  a  particular 
person,  or  brnly  politic,  {which  is  hut  one  pelli- 
cular person  in  consideralionof  law)  with  a  re- 
straint upon,  und  cxrludini;'  all  his  other  sub- 
jects. Now  from  >\h:vt  has  been  granU-d  ol- 
ready,  to  argue  that  the  king  may  grant  sueli  a 
sole  tnuli',  is  no  tMmserjiience  at  ull  from  tin  se 
piHsitious  tii'it  have  l>ce!i  uirned,  t.  c.  from  the 
authority  and  powiT  tiie  tviiuj;  h:ui  to  restrain 
Iiissulijects  tVoui  going  out  of  the  kingdom,  or 
to  iviti'uin  them  from  traiiiiig  in  such  a  place, 
For, 

First,  As  to  the  pow(  r  the  king  has  by  law 
to  restrain  his  subjects  from  g'-iiig  out  of  the 
kingdom  ;  though  by  law  his  po\<  er  b<>  m:'  h 


particular  men,  ur  a  corporation :  that  must 
needs  he  further  than  e%'er  any  thing  I  hate 
heard  yet  to  be  law,  or  could  find  any  footsteps 
of. 

So  that  I  think  tlicn;  arc  no  inferences  can  be 
flrawn  from  these  things,  that  can  coiiclade 
any  thing  as  to  its  particular  |ioint  that  now 
we  are  upon,  i.  f.  That  the  king  tan  grant  a 
sole  trade  to  any  particular  pereon  and  boily 
politic,  and  their  successors  forever;  and  re- 
strain and  exclude  ail  his  other  subjects  from 
that  traile.  Illy  lonl,  that  will  not  be,  I  think, 
a  conse<{nencc  that  can  be  dra\m  fi*om  any  of 
the  positions  that  I  liaie  laid  down. 

And,  my  lonl,  further  1  would  ohserre  this  iii 
the  arming  of  this  case,  That  when  they  lay 
<loxvii  this  as  a  generjl  position.  That  the' king 
can  restrain  his  subjects ;  there  is  no  distinc- 
tion, nor  is  there  any  foundation  in  law  for  it, 
betwixt  going  to  an  infideJ  country,  or  {<mf 
to  a  christian  country.  For  it  is  as  undoahlea, 
the  king  iiuiy  r«>(train  any  of  his  subjects,  as 
tl»e  kinc's  plrasiire  shall  bt*,  or  as  tliiTe  shaU 
be  war  or  plague,  and  such  other  occasions  as 
m.iy  require  it,  from  going  into  a  christiaB 
country,  as  well  as  he  may  from  coing  into  ih 
infidel  one ;  and  therc(i)re  if  the  argument 
hare  weight  in  it  in  this  point,  it  hath  weigbtcs 
well  to  affect  christian  countries,  and  the  wbolt 
tnide  abroad  with  them,  as  infidel  countries, 
and  trading  with  them. 

And  tiiere  is  no  diflerence  at  all  from  this 
reason  or  foundation,  that  can  be  inferred,  is  1 
can  make. 

Ne.\t,  luy  lord,  when  they  argue  andvnke 
use  of  the  statute  of  S  Jac.  Cap.  6.Nrlnch 
enurts.  That  the  king*s  subjects  shall  fredy 
trade  to  Spain  anil  Portugal,  notwithstttding 
the  chartei-s  of  incorporation  granted  to  sum* 
merchants,  ami  the  prohibitions  m  those  char- 
ters :  If  they  will  say  that  those  charters  fif  re- 
straint were  lawfully  granted,  then  they  do 
argue  for  h  power  in  the  king  to  restrain  trade 
even  to  christian  countries ;  which  is  a  tiling; 
under  favour,  that  never  was  yet  atlinned,  as  1 


remember,  but  rather  the  contrary  admitted  t 
and  if  they  say,  those  charters  '  that 
granted  for  restniint  of  trade  to  Spain  and  ] 
tugal  were  not  lawful,  because  they  '  ___ 
christian  countiies,  then  the  statute  makes  imh 
tliing  for  them :  for  sure  it  is  no  argnmeol, 
that  itccars'^  an  unlawful  clianer  was  granteip 
tlt'Tefore  another  unlawful  charter  may  be 
iriantiil ;  or  t>i:rause  that  was  void,  thercfiire 
the  other  should  not  be  void ;  no,  rather  the 
j  cimtrary. 
yet  first  o^'all  it  is  not  a  powiu*  univiirsal  t-i  lo-  \  >ly  Ion!,  tli'sn  things  I  have  taken  notice  o( 
strain  all  his  pi'oplc,  but  to  r4>stri\iu  this  or  that  1 1  ('c;tiu>e  thrv  are  matti.'rs  that  have  been  msis^ 
man  lor  his  particular  s(.r\  i:'c,  for  this  or  tluit  '  ed  on  in  tlie'aigunient  on  the  other  side ;  and  I 
particular  time.  IJut  ta  makr  a  univc  rsn!  ro-  ]  '■■:>;iM  lay  wlijt  is  not  necessary  n«t  of  thd 
litraint,  tluit  none  shall  «y  >  oni  hut  ynu  .1.  S  or;  >•  o.  And  I  now  come  to  the  great  point  of 
you  uurh  a  body  politi  '.  will  go  *•>  rv^  :•.*,  ^Ilo.I  :  t''ii>*  v^'^^y  and  which  indeed  is  a  great  point 
liirther,  th:<n  ever  it  has  been  bef'^rj,  or  c:\n  b.  n  tl:<'  r.»pse<pi*^nce  of  it. 
cnnccived .  Fi  !-st,  Whether  the  grant  of  sole  trade  to  tiii 

Next,  my  lord,  Tliat  hecjirjse  the  king  cai  .  .:)w!»tifl*s,  he  a  gooil  grant  or  not? 
milain  trade  in  time  of  wnr,  or  in  tini^ei  j      A  ndlhuipbly  conceive,  such  a  grant  of  a  stie 
fkgue,'  that  therefore  he  can  restrain  all  hi«-  j  ^^"ade  to  any  partitMihir  (icrsoh,  or  body  polttc. 
people,  and  for  evcrj  cxce[»t  i^uch  andvacU  j  withaajUaiattoallotUcTSyisagaiiist-tDelairai 


llii  I  aliim  •nilcaiirQtir  to  (irove  fmu)  ^food 


I.  fu 


» 


Ii^    rninrii.iit    Ijw     ♦.•i.L.    ;^    fi'^ti    and 

ua-  tJinl  U»c 
,    .  Inst,  lai, 

et   lion    iri  iiiun  La  |»nvaluiit 

iroitt   *  luuvcrtenduiu  ;    iiii- 

iittiurtt    iiUoa    inliibeiu 


TWr  nntt  hrMik,  mv  lord,  \%  Fiub.  Nat*  Br. 
fc.  r"      '  '        *  N«l«f,  Tliat  by  ilie 

'  D*  i>erY  luait  jtmv  at  l^is 


\tu\  the 

'  liircil 
,  diur  tl»ev 
:   but  ihis 


I  5    rt^fct    I' 


It 


4tlsslt 


<tcvt  ^icruoiUs  by  ih^  statute  of 


,  ..i.-  -  ^  [  '♦'  vt  to  Itin- 

•t  icj^  jt  llmt 

•That  evciv  ottif  may  at' his 
^  '  an'J  cile?s  F.  ^. 

^¥,4.1  try  mail  lUJiy  at 

re  ^  ic  ri^iJtti  lor  inerctiau- 

tvm^iif  vutioui  dctiiaiiiilng  lioent^ 

'       ^"     '     ;  and  tUus 
II  Ittvv  ;  aiul 


tniHe  nnd  mcrcliundlse  to 

or  IxkK  [joiitic^ 

iitf  gucli   I  rude. 

M^  1    ijist  lilt  cotumon 

thai,  I  thitik  f 
,  tior  ediail  I  ju^ti 
>'  iiM**€  that. 
•ort  of  iticf'chiindize 


u^  r.^for  tlu^biiyintr 

;i.  ■  ^  lUJikfr*  sbnuld 

•.ii^kc  ia  Mi  OiUt-h  A  ton  ^  4uul  i ti- 
11  MilUttir  \fx  Any  oiUlts*     J 1 IV  as 
I  ^  ^ju^^cJ  tut  iBgroiiiuitj;,  upou  aa  iufiir- 

;*aji)r  of  merchimts  shall  buy  u ji 


8|»atn,  or  Portti^l,  ar  ilic  Cmitkries^  or  otber 
town  or  plftcc,  li»r  thrive  years  tv  come ;  thit,  1 
thiuk,  i\  uuld  l>c  au  ing'rik^iog,  niul  Uie  coii- 

f  my  Imd,  lo  prtjve  that  sok  trade 

i'i      _,     ;Xi  tlmt   il»e   uattire   of  tlrt:  ibiug^ 

uniMsj^cak;  *gr  whosoever  h««s  the  sole  trade 
oflMiym^aud  sdlin^  id  buch  msoiI  of  cvitti- 
iiiodity, til  whosoever  hoii  thencilii  traduio  any 
{titi'ticidur  ruuutr^  ur  pl{icc%  hiis  ihcrcliy  the 
Nule  iut^f<K»Mj)|jr,  and  suit;  iKiViug^ofall  llie  eoiii^ 
inodjtit^s  of  that  pluce  ;  so  likewUu  hiis  he  the 
sukhtiyin^;  itud  all  ihc  f»iM»jde  iliat  haic  to 
de;il  ntmut  tlif^eomtuodltu  s  thai  aic  tu  he  vended 
aud  vtriled  in  that  ccmulry  or  iilucc,  arc  at  hii 
^ViU  and  (iJeaHure^  and  ih*  rchy  he  iiuikc^  all 
those  his  onn^  and  he  niiikci»  nhat  [mc^  hii 
(dearies,  and  orders  and  dispoM'^  oftiiviii.  both 
aii  10  value  and  every  thiii^^  tke,  as  hU  own. 
.And  thereby,  my  loxl^  I  take,  it  must  be  in- 
grossing;  aud  every  uiuiiopnlr^itiy  n[  buyuuf 
an<l   aeDing,  or  of  trade,  i^  ;.     tint 

that  only  ingrosfiiiug  ii^  by  \iku  ^  fmieni 

and  contracts  between  pariicuLu  uilu.  uiitong 
one  another,  widjoui  llje  king's  authority  or 
be]|i  of  bis  letters  patent ;  but  riiont^polizing 
»«  mgro!Miing  mider  colour  of  uutlK-ras ,  by 
help  of  those  letters  patent  th^ii  ereutc-  tht^ui; 
fur  the  €aniie<[uenee  of  it  ruu&t  bf^  that  ti*ey 
would  BoJl  at  their  own  pnees,  uplI  thereby 
exact  n)ion  the  king's  suhjtrcij^ ;  and  their  pa- 
lent  ibr  Uie  sole  trade  to'thc  Easl- Indies,  ui- 
vthXs  them  jn  aU  the  merehnndizes  of  tDe«e 
rouiitri^,  and  ]uifft^!»setb  all  in  their  hands, 
'riien  if  injfrossing  by  the  comniou  law  be  for- 
ftidden,  iind  it  i!i  unh^wi'ul  to  do  it,  all  leticrs 
patent  (o  authorize  and  help  u)cu  to  ii^grosa 
must  ULvdH  be  its  void  a<^  that,  which  is  the  end 
of  ingroising;  and  tbut  is  monofwUzin^. 

My  loni,  in  the  Jd  Jnst.  IBl,  thecasicof 
John  Peachy,  in  50  E.  -3.  who  was  severely 
punished  for  procuring  a  grant  or  licence  under 
tin  i*Teat  seal,  that  lie  only  might  !»ell  !>«e<t 
umes  ui  London,  is  a  stroug  ease  for  u^.  I'or^ 
uty  lord,  this  was  iu.ru msm^^r  i^y  colour  of  the . 
klug'»  grant,  and  (  -  a'gri^it  otience  : 

and  ihe  casie  ofIM<     ^  that  arc  rciiotted 

n  Co.  04.  Moor  orJ.  aud   in   Noy,d' 
that  (uonopoli/ing  i^  jogrosiiiing,  aud  iW 
law  that  i&  against  ingrn:»siog  h>  ugaui!d>muuu' 
polixing ;  and  the  $atne   law   that  makes  the 
one  I  Old,  tuakesi  the  other  void. 

In  Darcy's  ease,  whej'e  a  ^raiit  by  pateut 
was  m;ide  to   him  forth-       '  ^   aa 

beyond  seu^  and  the  nv.]'.  ^ 

rtitit^  and  proiubiung  aE^'Mu^i::.  im  ^kh  ,  ii»vt(^ 
it  was  adjudged  arVoid  ffrant. 

:\nd  tht;  Stat,  of  21  Jac.  cjvp.  S.  duei^  deelare 
all  mooopolieM  to  he  void  ai  coiumun  tan  ;  hq 
then  if  this  grant  ht  a  grant  lu  v  *j  j,  V'  Iul^^  «>si 
or  mouopc»hze,  I  thiak  it  \y  i- 

eluded  lo  be  agu^ust  the  etu  <td 

made  void  tlieitty. 

Ntxt,  tpy  lord,  ihnt  th»^  grant  of  the  sole 
trade  to  the   f  ^t 

statute  law  !i  t  ». 

As  for  the  titatuit   <*\   ♦»  tr4ve 

lea^e  to  hpkntk  of  it  by  n  <  ;  bul 


4SS]  STAR  TUALS,  S6  CHAftUt  H.  l684^nkr  Grmi  Ctie  tfMmtfOuB  i  [IH 

I  siy  it  v  aniiMt  the  ancictit  statutes  of  this 
luDgikHii.  Maj;na  Cbarta,  9  H.  9.  eap.  SO. 
all  inerchaots,  if  thev  were  not  [irohibUed  lie- 
fore,  »hoiili  bate  their  sure  and  nfe  coDdoet  to 
de|iait  out  of  England,  and  come  mto  EDg[bnd, 
and  stay,  and  go  through  England,  as  wdl  by 
land  as' by  water,  tn  bay  and  sell  without  any 
e«il  tolls,  by  the  ancient  and  just  cnstom,  ex- 
oqit  in  time  of  irar.  And  my  lord  Coke  says, 
That  in  this  act, '  Nisi  publice  prohibit i  fiierint,' 
is  intended  of  a  prohibition  by  the  public 
council  of  the  kingdom,  by  act  of  parlia- 
ment. 60  that  this  act  does  in  these  words 
make  our  case :    It  says,  *  They  shall,  if  not 

*  openlv  prohibited,  hare  safe  and  sure  con- 

*  duct  ?  and  if  that  open  or  public  prohibition 
most  be  by  act  of  parliament,  so  it  is  probably 
a  declantion  of  the  common  law.  Then  here  I 
is  no  such  in  tliis  case,  no  prohibition  by  act  of 
parliament  to  restrain  from  going  to  the  East- 
liidi^  but  the  defendant  may  go  thither  if 
be  please.     The  8tat.  of  2  £d.  3.  cap.  9. 

<  That  a]l  merchants,  strangers,  &c.  may  go 

*  ind  come  whh  their  merchandize  into  Eng- 

*  hind,  aAer  the  tenor  of  the  Great-Charter.' 

The  statute  that  is  pleaded  18  E.  3.  cap.  3. 

<  That  all  merclrants,  strangers,  and  denizens, 

*  and  all  other  and  every  of  them,  of  what 

*  estate  and  condition  soever  they  be,  shall  sell 

<  their  merchandizes  from  whencesoerer  they 

<  come,   freely,    without   intemiptiun;     and 

*  shall  haire  the  sea  open  to  them,  to  pass  'with 
^  their  merchandize  where  they  shall  please, 

*  without  interruption,  excepting  to  the  king's 

*  enemies;  and  that  this  act  shall  be  obserred 

<  and  perfbrmed  notwithstanding  any  charter 

*  to  the  contrary-,  ami  that  charters  to  the  con- 

*  trary  are  of  no  force,   but  arq  to  the  king's 

*  damage,  and  to  the  oppression  of  the  Com- 


Stat.  14  E.  3.  cip.  2.  recites  Magna  Charta 
and  enacts,  *  ITiat  all  merchants,  aliens,  and 

*  denizens,  may  without  lett,  safely  come 
^with  their  merchandize,  safely   tarr}-,  and 

*  safely  return.' 

Now,  if  so  be,  alt  merchants,  strangers,  &c. 
shall  seli  their  merchandize  wherever  the}' 
come,  without  interruution,  and  that  enactins^ 
clause  be  laige  enougn,  as  sure  it  is  -,  then  it 
has  an  express  clause.  That  all  charters  and 

Eitents  to  the  contrary  are  void,  as  being  to  the 
ng*s  damage,  and  the  oppression  of  the 
people  ;  and  therefore  they  are  all  by  tlie  par- 
liament declared  to  be  void. 

The  Stat,  of  25  E.  3,  cap.  2,  confirms 
the  former  stat.  of  9  E.  3,  and  has  the 
same  clause  in  effect ;  *  If  any  proclaiiiariou 
*.  or  commission  be  to  the  contrary,  it  shall 
'be  void.'  The  statutes  of  2  U.  2,  cap.  1, 
and  11  R.  9,  cap.  7t  confirms  the  two 
former  acts,  and  enact,  '  Tliat  all  charters, 
'  letters  patent,  and  commands  to  the  contrary, 

*  shuli  be  void.'  So  that,  my  lord,  those  many 
statutes,  a^  most  ^  the  old  ones,  being  penned 
in  general  (but'  abort)  words,  and  heinfl^  in 
&vour  of  trade,  have  been  taken  to  extcnifge- 
nenlly,  Ihr  the  general  and  most  large  advan- 
tapoftndt;  tEoogh  periiaps  some  jiarticalar 


trades  were  by  coDstmctioB  BMstfy 
as  the  statutes  of  the  staple  ndgbt  he  tliA  oc- 
casion of  making  some  part  of  them.  But  they 
do  enact,  as  your  loiwiip  sees,  m  general 
words,  « That  all  grants  and  kMfefs  patent  Is 
'  the  contrary  shall  be  void ;'  end  sorely  AiS 
would  hare  never  been  pof  in,  but  that  iti  all 
times  grants  have  been  made,  wineh  flie  king 
has  bra  deceived  in,  and  found  tbem  onntivy 
to  his  real  advantage,-  though  they  hatis  bSeb 
otherwise  pretended,  and  were  to  the  uypitsiinn 
of  the  people,  and  therefore  toM. 

In  tne  2  Inst.  63,  my  lord  Coke,  in  his  ob- 
servation upon  the  oonsideratioli  of  ^te^ 
Charta,  and  the  several  statutes  that  were  sittr 
that  made  in  reference  totcade,  ssys.  That 
upon  this  chap,  of  Mag.  Chart,  (to  wit)  die 
30th,  this  conclusion  is  necesnrily  gamend, 

*  That  all  monopolies  concerning   ttade  tftd 

*  traflic  are  against  the  hberty  and  ' 

*  granted  and  declared  by  his  great 
<  and  against  divera  other  acta  of  ]Mr! 
*'  which  are  good  commentaries  npob  it.*  te^ 
that,  my  lord,  I  do  not  offer  it  only  as  thj  M^ 
sent  thoughts,  but  what  has  been  tskeii  for  mis 
heretofore;  that  those  acts  arte  of  gCMtal 
extent,  and  all  charten  made  to  the  cetilwy^ 
are  ipto  facto  void,  and  of  no  force. 

Ohj.  My  lord,  they  say  it  is  true,  if  w% ttt  * 
ODopohs  then  the  hw  is  against  w  ;  hMlIlt 


^Ai\ 


are  no  monopoly. 

"Rtip,  My  lord,  to  prove  they  are  a 

»ly,  that  is  the  next  thing,  which,  witk  yStf 

roship's  friYOur,  I  shall  go  about. 

And  for  that  1  shall  first  take  the  dSicilSlia^ 
that  is  of  a  monopoly,  made  by  my  lord  Cskt, 
in  his  chap,  of  Menopoties,  in  the  3d  iQlt.  181b 
aud  if  it  is  possible  to  exemiit  them  oot  ef  tlMt 
descrintran,  I  confess  then  tney  have  a  sbougtfi 
case  ttian  I  do  hope  they  have 

A  Monopoly  (says  he)  is  an  uiBliftisti,eraQ 
allowance  by"  the'  king,  by  his  graatf  teiti* 
mission,  or  otherwise,  to  any  person  or  Wsfsane, 
bodies  politic  or  corporate,  of  or  fbr  ttie  isle 
buyioc,  selUnr,  making,  working,  or  using  df 
any  thing,  whereby  any  person  or  persuM^ 
bodies  poStic  or  corporate,  are  Sought  te  !• 
restrained  of  any  frtiedom  or  liberty  thai  they 
had  before,  or  bmdcred  in  their  lawful  trader 

First,  My  lord,  1  think  by  their  patett,  thsy 
have  the  sole  trade  granted  to  them  ;  that  f^ 
the  sole  buyiag  and  selling  (for  oierehandirfeij 
consists  in  'buying  and  seHing),  and  therdblS 
the}'  have  the  sole  buyii^  and  selling  in  Ifeli 
East -Indies  ;  and  they  have  consequenllytte 
sole  selling  of'  the  commodities  when 
come  home;  for  none  ehe  can  bring 
home  but  them,  if  their  charter  be  good. 

The  sole  using  of  any  thing  is  a 
word  ;  and  another  part  of  this  descriptiun,  mtm 
trading,  is  sole  usin^  of  meivfaandBes,  m  4 
particular  place  to  which  they  trade ;  anA  ii^ 
they  are  within  all  the  words  sole  seHing.  sdH 
buying,  sole  using. 

-Secmidly,  They  are  abn  withm  the  kttif 
par^ ;  whereby  any  perrm  is  hindered  er  ie» 
strained  ftem  iony  frecitom  or  liberty  tbiBy  Bl4 
before,  or  in  their  lawful  trade:  Fortkstftil 


ItS]  RA^TE  TRIALS.  35  Csailbs  It  168^.^7^  £.  h  Cmpmy  •,  $thd§i.  [411 


^ 


MMt,  i«  1  tfal&k,  iip<m  tfc  p:^t  hi 

MK  l&»  tkUM  and   gl)0d9  uf 
MiCf)  fMllae   briHis^g  of  thT^    iu:M<m    \s   » 
fl^nA  Bfoqf  tliit  jrou  were  hmriererH  of  this 

lAirik,  tej  l«^  y  pttt 

if^  nOlNI|lQlY. 

fitit,  my  fanl,  I  timk  tlmt  u!l  the  ^rils  and 
tfadiWfi  thftt  ar€  ia  ibc  t  n  notice  of' 

isli'  iii  cfiff)r>pnlir^,  an'  .  .  case  ;  and 

vtenevtr  bnr\  <u  iiicbiefii  attend  - 

ii<»  «ittni»polif%.  and  shremf  tir- 

fFBt,  « lift  I  Ut4l  ubiclt  ItaUi  ttie  eifoctf  hath 

1W  mis  sii4  mitclttdk  ihti  attend  mono* 


tills 


e=,' 


Mi,  lilt 

tet«,  «r»  of  tilt  1 1 


B    riTHfl 


Mb. 


fli^yMtj       It    .  . 
1^  trtl!  api^'Mf  (»1 


--^  of  tlic  emimiodities 
\t,  unii  mised   higher 

as  iie 

-jued  in 

t)y  my  lord 

>    whereof  1 

£  com  pa  11)'  ;  far 

they  hrinsf  frciin 

ind  althi'k 

♦^n  JH  more 

^t  be  a 

I  tempt 

mI»o  h?  corn- 

ulll  (tfiT  r  the 

T  *-*-     "  j.iic«>,  and 

^^s  that   he 

i»eap  as  hp 

Ihai  h«  ^*4«lk,  he  uill   Sell 
»ii'J  1    Uiiuk   (hilt   he  thiit 
iii^l  U'  A  mnn  of  an  extra- 
rlo  not  execute  It, 

'  (if  monopoly  iJi,  thai 

'►rurn  ipiiL-Htu/  uhich 

>   Un;    margin  of  fhe 

t»1.     Now  whmher 


if»T\  h' 


4^to^  bmI  J 


iirtrl«tAA  liv  I 


tonditiun  of  thiii 
o;*rtl  »(iik«d»  but 

A  consequence  i 
this  reaMOo  to  be 

tn  :'  for  trade  is 

.mil   stabh-,   hill 


I  war 
ur  that 
or  the 
or  lite 

'■^ :  and 
'»l>ser- 

:^?  this 
s  and 


fr^ 


r  ttfc^m  bt-5t 


meoi. 


Bnt  a  sole  tmde  granted  into  tfais  or  thai 
part  of  the  world  to  one  compaoy,  and  of  ono* 
iher  nart  to  atiOtlier»  veta  np  panictttar  men 
that  head  that  cornj^any,  but  destroys  all  otb«r 
merchanta  and  inferior  people;  all  atiippinf 
must  be  sut:^ect  to  the  prices  tbeae  impni- 
pnMors  of  trade  will  allow  them,  or  else  K« 
still  and  he  destroyed,  for  none  else  mnii  em- 
ploy them^  nor  can  doit  ;  and  ao  mnst  aR 
masters  of  sbips^  !t»r  it  is  necessary  to  thecn^  in 
order  for  their  liTelibood,  that  they  g:o  auoi 
Toyaq^eft,  aod  these  cannot  ^o^  except  upon  ttie 
terms  that  the  company  wni  allow  of.  80  aTI 
mariners,  artificers^  factors^  and  all  other  p4ir* 
sons,  whose  employmeuis  depend  np«n  thia 
trade,  must  be  subject  to  thetr  will  and  plea* 
aitre  :  and  of  how  great  consequenee  ttiat  inrjr 
be  to  the  kingdom,  my  lord,  does  dcvet  re  eoQ* 
sideratioh. 

Third ly^  j  A  thffd  eril  and  miscktef  m  Mo- 
nopolics  i£,  that  thty  are  to  the  oppfcsaion  of 
tlii;  king's  people  ;  and  any  body,  1  think,  that 
hasknouti  any  thins^  of  late  years  about  tfaia 
company,  that  ia,  thit  knows  their  dedm^ 
with,  ixod  handling  of  their  factors  ami  Hervants, 
tliai  pet  any  thinfj  in  their  service  ;  and  other 
peopk  that  they  emplov,  will  find  in!«tam»c 
euoug^li  of  their  oppression  ;  and  that  wilt  be 
ciiou*;h  toMtisfy  any  maD,  what  kind  of  people 
they  are ;  for  what  a  work  is  there,  when  they 
ha\e  any  factor  or  servant,  or  any  body  else 
that  has  ^ol  any  thiug  in  their  serrice  P  Thoae 
things  indeed  are  not  upon  the  record,  but  they 
are  consequences  that  aie  visible  to  every  bodv : 
and  the  truth  of  it  i^,  in  all  patents  for  sole  tramr, 
Br»  It  will  be.  So  that  if  the  evils  and  mis* 
chietf,  which  the  common  law  forbids,  and  en- 
deavours to  pretent,  by  jnd-i^mgall  monopo- 
lies, ingro^jdn^  atid  sole  trade  uniawfid,  In*  to 
be  avoidefl,  the  evils  and  mischiefa  attending 
their  patent  and  aole  trade  are  perhaps  tho 
greater,  because  their  tnide  is  the  greatest  that 
ever  En  inland  knew. 

My  lord,  in  Fitzherbert*s  Natura  Breviiim, 
S2S,  there  ia  this  said,  and  I  nrge  rt  for  thia 
reason ;  because  if  m  be  these  are  oonsaqueoces 
of  a  sole  trade,  it  eaonot  be  denied  but  these 
are  oppressions  of  all  tlie  king's  people.  Wow, 
there  it  is  said,  that  every  tyrant  of  the  \dtsc 
has  a  condition   implied  in  it,  *  i^uod  Patr» 

*  per  Donationem  non  raayis  solito  oneretur 

•  seu  qravetur;*  so  the  Book  of  15  H.  i,  If. 
Grant  I  e  Roy,  to  the  charge  or  prejndtee  of  tlia 
subjects,  is  void  :  and  therefore  the  kin^f  b  de- 
ceived in  this  grant ;  and  the  grant  is  as  well 

I  by  the  common  law,  at  all  theae  ancient  8ta- 
tutcsj  void. 

OtfJ.  Ay,  but  aay  they,  this  is  not  a  patenl 
granted  to  the  advantage  of  a  few,  or  for  tbe 
miHiti)^  of  the  prices  and  monoi>oU«ingof  com- 
modittcij,  hut  l«>r  gooil  j,^o\emment  and  ordiT, 
ami  the  preservaumt  of  this  trade,  that  other- 
wise would  be  dcstvoyctf :  and  nay  they,  Ihsfrt 
ha»e  been  such  grunts  hcrclofurts  to  Turkey » 
Barbary,  and  other  places. 

Rep'  It  »  true,  my  lonfl,  this  is  said ;  tod 
that  patent  does  say,  that  it  is  for  g;Dod 


«S7J  STATE  TRIALS,  SGCharlesIL  les^.-^The  Great  Cmc of  Minmpoliet:[4SB 


and  ^overament,  and  the  advantage  of  trade. 
But  I  pray,  my  lord  will  also  remeinber  what 
our  Books  say  coocerniiig  siicb  Grants  aud 
Monopolies,  iu  2  Inst.  540,  that  new  corpoi-a- 
tioDS  trading  into  i'oreign  [taits  and  at  home, 
though  under  the  lair  pretence  of  oriler  and 
government,  \xt  in  conclusion  tend  to  the  hin- 
drance of  traJe  and  traffic,  and  in  the  end  pro- 
duce monopolies.  This  is  an  old  observation, 
for  iu  the  IXth  Itep.  US,  b.  in  the  cod  of  the 
case  of  Monopolies,  there  are  tlie^c  words : 
'  Privilcgia  quaere  vera  sunt  in  Prjpjudiciuni, 

*  Reip.  magis  tamen  spcciosa  habent  Frontis- 

*  picia,  et  booi  publiei  prielextum,  quau  bonae 
^  et  legales  Conbessiones,  sed  prstextu  licito 
<  noB  debent  admitti  illicitum.'  Those  are  the 
words  of  that  book  ;  and  there  it  is  also  taken 
notice  of,  that  Darcy's  patent  had  a  most  glo- 
rious and  specious  preamble;  for  there  it  is 
mentioned,  that  the  subjects  might  exercise 
themselves  in  husbandry  and  lawlul  cmplov- 
ments,  and  that  cards- making  liad  made  card!»- 
playing  more  frequent,  and  urincipnlly  among 
servanu  and  apprentices ;  and  therefore  the  sole 
making,  and  trade  of  cards-selling,  was  granted 
to  Darcy.  Observe,  says  the  Book,  what  a 
glorious  pretext  and  preamble  this  odious  mo- 
nopoly had. 

There  is  the  Case  of  Horn  and  Ivy,  Mich. 
20  Car.  2.  Rot.  403.  A  patent  made  three 
yeare  after  the  fMiteut  given  to  the  Company, 
and  in  imitation  thereof,  the  patent  is  to  the 
Canary  Comjumy  ;  and  recites,  that  the  trade 
to  the  Canaries  was  of  ^eat  advantage  to  the 
kiiig^s  subjects  at  that  tune ;  and  by  reason  of 
too  much  excess  in  trading  of  subjects  therr , 
our  merchandizes  were  decrtased  in  their  va- 
lue ;  so  that  the  king's  subjects  were  forced  to 
carry  silver  there  to  get  wines ;  and  all  this 
happened  for  want  of  regulation  and  good  go- 
vcruuient,  and  tliereupou  the  patent  did  con- 
stitute sir  Arthur  Ingram,  and  about  sixty  )ier- 
tions  more  by  name.  And  all  those  that  had 
been  U-aders'  there  within  seven  years  for  the 
Talue  of  1,000Z.  a- year,  should  Im  a  company 
and  body  politic  and  cor|K)rate  by  such  a  name ; 
that  there  should  be  a  governor,  a  deputy- 
governor,  and  twelve  asi^istaiits,  and  names 
them,  but  to  be  continued  by  election,  anil 
should  have  the  soli;  trade  t(!  these  islands ; 
that  no  other  should  haunt  or  \  i«it  these  islands, 
and  prohibits  all  others  under  pain  of  f brieiture 
and  imprisonment,  and  indeed  follows  very 
much  the  frame  of  this  patont,  with  a  non- 
obstante  to  the  Statute  of  Monopolies.  But 
notwithstanding  tliis  glorious  preamble,  this 
patent  was  soon  afterwards  condemned,  bylh 
m  this  court,  and  afterwards  in  the  uarliamont 
for  the  abuse  of  trade,  and  the  regulation  of  it 
for  the  general  good,  which  is  the  thing  that 
is  pretended ;  but  few  men  can  doubt  what  is 
really  iutended  by  that ;  and  no  one  I  think 
can  doubt,  what  is  the  n^al  intention  of  this 
|>atent  under  the  name  of  regulation  aud  go- 
vernment: to  ingross  all  into  the  hands  of  ten 
or  twelve  men  is  most  excdleat  regulation  aud 
government. 


My  lord,  as  to  the  other  companies  and 
charters  that  have  been  granted,  suppoung 
that  all  these  grants  were  such  as  this,  and  • 
used  and  practisc>d  as  this  is,  it  is  no  argument 
that  tliey  are  l^al,  or  that  this  was  good. 
For,  my  lord,  it  is  well  known,  botli  by  the 
ancient  Statutes  that  I  have  cited,  and  by  com- 
mon experience,  that  there  have  been  in  all 
ages  and. times  patents  granted,  that  were  not 
by  hw  gran^able,  but  tite  king  was  deceived  in 
them,  and  those  patents  were  void  and  of  no 
force ;  and  therefore  it  is  uo  argument,  be- 
cause there  have  been  many  such  grants  and 
iwteiits  in  former  times,  that  this  should  be 
good. 

I  agree,  my  lord,  if  ever  this  grant,  or  any 
grant  like  this,  had  r^me  in  question,  and  had 
received  any  judicial  allowance  to  be  good,  it 
had  been  souiething ;  but  otherwise  it  can  be 
no  iuf  ei-encc  at  all,  because  tiiere  are  othen 
tliis  is  a  good  one. 

But,  uj  V  lord,  to  keep  myself  close  to  the 
point  of  jlonopolies;  Monopolies  bare  beea 
granted  in  the  best  of  times ;  in  queen  Elisa* 
bt;th's  time,  there  was  Darcy 's  patent  granted 
then  ;  and  it  appears  there  had  been  grants  li 
divers  others  ot  the  sole  making  and  adliiig 
of  cards,  but  when  it  ivas  quesUoiied,  it  was 
condemned.  Statute  9  £.  3,  cap.  1,  and  the 
other  Statutes  betbre-citcd,  the  clauses  tint 
say,  all  patents  granted  or  to  be  prnmted  i 
trary  to  the  freedom  of  trade  in  these  £~ 
mentioned,  prove, 

1.  That  such  patents  have  been. 

2.  That  they   did    foresee,    and 
against,  those  Uiat  would  be. 

The  proviso  in  the  statute  of  43  Elix.  cap. 
1 .  sect.  9.  shews  also  that  monopolies  were 
granted ;  but  so  far  were  they  from  reoeiring 
any  allowance  or  approbation,  that  that  statute 
that  was  made  in  trie  end  of  her  reign,  for  con- 
firmation of  the  queen's  grants  by  a  special 
proviso,  does  exccj>t  and  provide  that  it  snouM 
not  extend  to  make  gooil  any  letters  patent 
that  did  concern  any  licences,  powers  or  pii- 
\ lU'Jcs,  commonly  called  monopolies. 

The  statute  of  Monopolies  and  this  sistula 
sufficiently  shew,  that  there  were  such  giants 
and  that  they  were  not  allowed  ;  so  that  even 
in  queen  Klizabelirs  time,  and  during  ber 
reign,  divers  such  grauts  it  seems  had  lieai ' 
made.  But,  my  h>rd,  if  so  be  there  had  never 
been  any  judicial  allowance  in  times  past  for 
any  sole  trade,  or  sole  buying  or  selling,  though 
there  have  been  iu  all  times  such  grauts  msder 
yet  tliut  will  be  no  argument  that  thcv  were 
good,  but  on  tlic  cuntrHry ;  and  further  the 
practices  of  theso  com[)unies  have  been  to  thq 
contrary,  till  uitliin  late  3 ears;  no  sole  trade 
pnu'tised  aiuoug  them. 

But,  my  lord,  on  the  contrary,  siiu*r  tbsl 
patents  have  U'cn  so  giuuted,  since  that  tber^ 
IS  ni»  judicial  all-iwance  ofsuch;  1  would  ap* 
peal  til  tlii'ui  to  shew  whether  there  has  besA 
any  practice  of  these  things.  I  do  uutsuppiSCW 
but  that  in  Turkey  and  iiarbary,  (lersous  oar* 
traded  that  have  not  been  licensed  by  the  i 


J  ST* ATE  TRIALS,  36  Cm ailes  IT.  l6»4-— 7%e  E.  L  Comfuny  t.  Sand^$,  [43[|j 


^■toies,  and  tbul  contioually  in  all  timca ;  but 
^Hit  I  think  no-boify  will  tiurl  any  jiididal 
^^wnmn  ditt  lias  Wen  given  agamst  them  (or 
iSf  ortlmt  ei*er  any  such  jiatent  wm  of  to  tee 
10  rvtf  rain  llie  <iubject3  freeOoin  ol'  traile  in 


[  am  a)>t  lo  lKink>  that  th€  grants 

,..,'..,;. .^   *h,.f  ;w   the  Turkey- Com - 

V,  anfi  the  Uiissia- 

of  sole  trade  ;  btil 

iiTL?  been  |»rflrtisedlo  restrain 

ismer,  it  is  rather  an  fiiT^umenl 

;  theni  of  Ihu  other  side  ;  but  they  have 

d«f&lt  thus,  nor  nssed  the  clnuse  ofprt)* 

I  as  iht-se  mc>ii  do.     For,  my  lont,  wKo>» 

nks  to  m.ike  any  concliisi'jti  tor  the 

I  tii'such  n  sole  irode  hy  a  (.'ompaiiy 

kinl  oroihers,  because  such  i>atentis 

liate  b<>i'n  gmntiMl  to  other  Com- 

j  will  have  but  little  reason  so  to  do^  if 

lider  what :%  difference  there  \<i  between 

n|>iinv  aod  ihcm  ;  for,   my  lord,  thes«? 

i\\i\  ih  vrr  ^r»i    ii|)  for  a  sole  tratle, 

in  the  jTatenis,  they 

V-  alwfiy 9   use<l  their 

ntrary,  and  in  ariothcr  method  tn 

ible  way,   and   1   think  in  a  le^ul 

tmt  not  so  as  to  warrant  any  tbrng"  of 
,tliat  f^  beT»?  pretended.  T^hrietere  iryour 
^i|  i^»  give  me  leave,   I  wouki  ob- 

tt5  let^betnixt  the  way  of  trading' 

E>^e  ijt]i'- r  euinpanieb  have*  and  th<?  trailc 
'ifnUn  C'oiujKiay.  'Hie  conipanifs 
Itcy,  Barbary,  Russia,  Mnseovy  and 
gn,  nor  any  other,  tilf  of  late  years, 
trado  with  a  J^int-stock ;  but  the 
the  «aid  CompHny,  every  man 
trade,  buug^ht  and  sjold  liis  own 
eiMSnBia^ity,  used  and  employed  {i\%  own  faetors 
ltd  f^rvmni^ ;  and  the  Company  took  some 
cipc  to  send  out  a  consul,  or  some  one  to  be 
ter  ogtnt,  to  prt^erve  the  trade,  and  by  smalt 
imports  npon  the  cotnmodhieisi  traded'jbr»  to 
firovide  for  such  officers :  whiub  impost*  or 
imuin^iils  Wei's  ruttde  by  by-laws  and  regii> 
lnitHie  anionic  themselves,  f  bey  lake  cai-e  tbe 
•irkptish&irnolbeover-closfgfed  by  the  com- 
moditictf  they  lieud  out,  whieh  they  do  also 
^  tlieir  own  onter*i  and  fiy-laws  that  are 
oadi?  among'  tliemselves ;  tLey  only  onler 
what  ibtp«  «ha11  ^rn,  but  leave  the  frdrtleular 
n^^rnbers  oft  Ik  ('<»mpany»  every  man  to  wild 
W'hal  fie  \\  \\\  n i>on  hts  own  aceount,  ami  ajiftoiut 
^\^\  r  bi.s  (actor,  and  lo  brings  over 

*bii  .    he  pleases:    they  trade  not 

t^Mni^y  joiiii-^UM^k,  or  the  stock  of  the  body 

Ctic.  If  yott  deal  with  any  of  tliem,  you 
#  the  puriicidar  person  yoa  Iwvve  to  deal 
•tth:  no  man  is^  refo^id  toW  of  their  f'om- 
^that  ha£  a  n^ind,  payint*'  some  Kmall 
r money  t»r  hi^  rreedniii ;  and  whoever 
>  Company^  has  a  vote  in  ordering  the 
if&in»  uf  the  Compatiy.  But  now  yon  of  the 
£tBt- India  Company  ingross  the  sole  trade 
IrIO  the  botly- politic;  you  hate  a  joint- stock, 
Huj  iHAQ  wKether  merchant  or  not,  if  be  can 
kttj  lucli  a  thafe  ia  tbeu'  stack ,  is  of  tbair  Com- 


pany. The  Committee  manage,  and  tbe 
must  submit  to  Iheh-  pleasures  anil  dtstrtbutioiii 
those  few  of  theni  which  have  the  most  sbi 
hafe  the  disposal  of  the  whole  ftock  ;  no  me] 
lier  trades,  buys  or  sells,  or  has  any  thine  thi 
he  i^alls  Ills  own,  but  only  such  a  share  to  the* 
slock :  you  suflVr  not  the  members  to  trade 
with  tlieir  own  money,  at  their  own  discretion, 
or  to  employ  wliom  ihty  please,  th««  yoti  do 
not  do  j  j<ot  snirer  no  man  to  have  a  vote 
amnog  you  (iiud  your  letters  patent  b«ve  suck 
a  clausie  that  none  shall)  but  he  wIkj  has  500/. 
stock  ;  which  600/.  no  man  can  aei|uire,  uri- 
lesH  he  iKiyt  14/.  or  15/.  fof  it,  two  and  half 
per  cent,  or  some  great  sum*  8o  that  by  the 
irery  tmmdatton.,  ihey  can  have  no  more*  per* 
sous  tn  tlieir  Company,  tl^iao  they  tliat  bave 
500/.  shares;  and  the^j»hares  being  eni^rossed 
into  ie\¥  haods,  they  have  all,  tmd  call  them- 
selves the  Company.  8o  that  man  that  will 
not  be  deceived  by  words,  but  distingtiiah 
thin^  different  one  from  another,  will  dis- 
tin^oieh  Mwecw  one  company  and  society, 
and  anoiher ;  %vho  are  in^t)9ser9,  monopolize  ^ 
and  who  not. 

The  Turk\  Company  and  the  rest  like 
may  Ije  truly  atud  to  be  mana^^ers,  regulator 
and  improvfciis  of  trade.  They  have  no  joini 
^tock  tliiit  they  trade  upon,  they  ingross  n* 
they  admit  every  man  ihat  wjH,  to  be  free 
then' Company,  to  tmde  with  hia  own  money, 
his  own  creilit,  and  buy  au<lt»ell  his  own,  and  to 
employ  whom  he  [deasetli ;  and  none  among' 
them,  under  pretence  of  n-ovennnent,  rei^lation 
and  preservation  of  trade,  makes  mireaso&ahle 
adianta^es. 

But  this  invisible  East- India  merchant,  the 
body* politic,  covers  mud  coutttenancts  some 
few  men  amon^  them  to  ini<-ross,  buy  and 
sdl  at  their  own  rates,  and  that  exclude  all 
others  for  tbe  great  and  excessive  advantagea 
of  tbe  few. 

The  other  ooropatiies,  as  the  Turky  Coi 
pany,  4cc.  have  not  any  aole  buYni<roriiellin| 
nor  exercising'  any  sole  trade  or  in^rossingp^ 
Every  mcnibef  of  these  companies,  winch 
a  multitude,  and  every  one   ihat  i«  not^  U'^Jt 
if  he  will,  bo  a  member «  and  no  man  ii  cx- 
dudcd. 

But  this  Comptny  Is  quite  contrarVf  and 
therefore  (if  ever  any  wait)  are  y^rcat  iii|^rossers 
and  monopolizers  o}'  trade.  I  do  not  argue 
niir  speak  againHt  Companies,  nor  r»  ^^ulating", 
nor  maiiafirnrg  trade,  which  was  the  true  in- 
tent of  the  patent ;  bucU  azt  1  liave  uLeuuotK'd, 
and  XH  virtuou&ly  and  cominendably  pr^wtt^ied 
in  the  g^reat  Com|kanies  of  Tnrkvi  MuVcovy, 
ilamburt^h,  and  others;  where  tlie  memt^ers 
of  the  C'ompanies  trade  upon  their  u«u  parti- 
cular stock  and  «sta1ei$,  and  no  merchant  hin- 
dered or  detiieil  to  be  a  member,  thiit  de^iires  it, 
paying  its  ordinary  fees  of  ail  mission :  but 
aguiost  the  invisible  merehaut^  this  pdilic  ca- 
pacity trading  in  juint-stock. 

Suppose  a  like  patent  to  any  one*  or  two,  or 
three  men,  farmers  or  partners  in  tbcir  private 
capacity  of  thia  solo  trade j  »od  Ibiry  bad  the 


481]  StATetRIALS»  dfiCMAUisIf.  iSi^^mGn^iibmlifJHmp^Kni  \4ai 

man  sheuld  have  as  maaj  votes  at  he  has  500/.) 
his  rote  is  like  to  do  him  Uule  good,  if  tome 
Urn  men  io  the  Company  agree  against  it. 

And  besides  this,  my  lord,  in  theTuricy 
Company,  where  they  trade  aft  distinct  mem. 
hers,  eyery  man  knows  his  creditor  and  his 
debtor,  because  they  deal  in  their  natural  ca- 
pacities; but  you  trading  in  capacity  of  a  body 
poIitiG,  ereij  man  that  trades  with  yon  has  i 
creditor  or  a  debtor^  he  imows  not  whom. 

And  it  isa  great  mischief,  when  peraonsknow 
not  how  to  sue  or  how  to  deal  with  them ;  ht 
take  them  all  a-part,  they  are  aa  juirt  andiM 
eood  people  to  dw  with,  as  cad  be;  hvllake 
them  tKwether  ss  a  body,  whal  more  hasd  t9 
deal  with  than  a  corporation  T 

My  lord,  we  hare  seen  the  ipsiance^oftt^it 
ihinjgs  in  this  Company,  in  a  few  days  they 
having  so  great  power,  iliat  none  could  eontend 
with  them,  and  soon  after  so  invjriWe,  aa  well 
as  low  that  no  dun  can  find  them  j  Thia  we  ill 
know  very  well,  my  lent ;  and  1  hwtaact  in 
this  to  snow,  that  whereas  they  wowU  be 
likened  to  other  companies,  which  were  oneatad 
for  the  preservation  and  benefit  of  tiwle  i  Md 
the  members  of  it  are  under  the  r^dfartioo  and 
government  of  the  Company,  but  nol  as  you 
are ;  they  are  traders,  your  membeim  are  JM»e, 
you  are  only  the  body  politic,  the  jnviwik 
merchant,  that  no  one  knows  where  fo  find; 
kml  a  body  politic,  in  judgment  of  Jaw,  hos 
neither  soul  nor  conscience,  and  yet  fonpaCha^ 
traders. 

I  only  instance  in  these  thingai  to  alww  thii 


nageilieDt  of  h,  and  hersl^  possessors  of 
such  vast  weakh  and  mercfaiUioiBe :  What 
woidd  thb  politic  body  (I  mean  the  principal 
meBiberi,  Mr  the  body  caimot  think  or  have 
sense)  judge  of  this  ? 

Ferttfips  yours  is  mudi  worse ;  there  a  man 
should  know  with  whom  he  dealt,  who  were 
hb  debtors,  and  how  to  come  at  them ;  but 
dealing  with  you  is  a  land  of  dealing  fHih  spi- 
nto,  an  invisible  bodv,  only  subsisting  in  Intel- 
iigtntU  Legis.  Therefore  being  so  nnlike  the 
o&ec  Companies,  and  so  contrary  to  them,you 
have  no  countenance  from  them ;  but  though 
they  are  good  and  commendable,  you  are  in- 
grossers  sod  monopolizers. 

This  shews  the  great  and  vast  difference  be- 
tween the  one  and  the  other;  this  shews  that 
you,  that  are  die  East- India  Company)  have 
the  sole  trade  as  a  Company;  and  whoever 
buys  in  many  stocks,  has  as  many  Votes  as  he 
has  500/.  in  the  stock. 

There  is  no  snch  thing  in  any  other  Com- 
pany, but  quite  otherwise  in  all  these  respects; 
hut  hereby  it  comes  to  pass,  that  he  that  has 
so  many  shares  in  the  stock,  has  an  absolute 
power,  hy  having  so  msny  votes. 

The  mvisiUe  body  or  cor|>oration  perhaps 
trade  for  1,000,000/.  per  ann.  they  get  into 
thor  hands  to  sell  7  or  800,000/.  worth  of  mer- 
chandize at  a  time;  the  three  last  sales  they 
made  come  to  1,800,000/.  nobody  hath  these 
commodities  but  they.  Is  this  trading,  and 
DO  ingrossing  or  monopolising?  It  is  their 
wonderful  virtue  then,  hatred  and  contempt  of 
riches,  that  makes  them  not  to  raise  and  in- 
crease values  and  prices,  and  he  as  rich  as  they 
please,  if  they  do  not  do  it.  Never  was  there 
such  an  instance  of  so  great  trade  in  Engrjand, 
hut  none  of  your  membm  buys  or  trades  at  all ; 
any  man  among  you,  whetlier  he  be  merchant 
or  not  merchant,  citizen  or  gentleman,  or  what 
he  will,  if  he  has  a  stock,  his  stock  goes  by  this 
joint^-tnide,  but  it  is  a  few  men  that  manage 
the  whole  as  they  see  best ;  no  man  employs 
ships  or  workmen  as  he  thinks  must  conve- 
nient ;  but  you  are  one  great  trader  in  thfs  vast 
trade,  which  is  indeed  one  quarter  part  of  the 
trade  of  the  whole  world. 

My  lord,  this  being  tlicn  the  great  diflerence 
between  this  trade  by  a  joint-stock,  and  in  the 
Company  as  a  body  politic,  which  is  but  as 
one  entire  person,  having  the  trade  entire  to 
himself,  and  the  trade  ot  particular  members, 
luder  orderly  r^hUions : 

It  is  quite  a  different  «nd  distinct  thing  from 
any  thug,  in  any  of  the  other  Companies,  that 
they  would  be  likened  unto  to  obtaiu  their  own 
ends :  nor  is  there  any  reason  to  make  tliein 
likeone  another,  tor  the  whole  matter  is  carried 
on -distinct  in  both  ;  the  one  is  a  sole  trade  by 
a  body  politic,  the  other  dispersed  throng  the 
anan,  aoooiding  to  their  own  discretion  and 
'  _  regulation.  No  man,  if  lie 
lintothe 

J  you,  or  sale  among  yon, 
'fiOOl..aloifc;  aadtf  hedo  not  oomeiD,(i 
fcincw*Htoyswf  n«<itinisp>thatewry 


i  East-India  Company^  can  trade 
r  sale  among  yon,  mifcsa  he  have 


signifies  nothing  which  you  <  .. 
that  there  are  other  companies  for  trade;  Ibr  1 
say,  that  they  are  good  and  regular^^  and  aol 
monopolizers,  ibr  they  do  not  trade  in  each  a 
manner  hy  sole  buying  and  selling,  bnt  every 
one  trades  as  a  particulariuerchui;  but  yuu 
are  otherwise,  your  body  politic  is  the  apl^ 
merchant,  and  none  of*  your  memboa  cif 
trade,  unless  a  particular  servant,  perhaps  tp 
save  charges^  you  give  him  leave  to  boy  ^ 
deal  in  some  little  Auugs ;  hut  all  othert  u$ 
quite  excluded. 

I^ly  lord,  having  ihu»  shewed  you  tha  ww 
of  their  ti-aile  in  sole  buying  and  sole  sc^Uags  1 
slmll  now,  in  the  next  place,  come  to  theSMMs 
of  Mono|Milics,  which  isthe  btatute  of  Slkilg 
James,  chap.  3.  and  1  hope  I  shall  plainly  shMT 
you,  that  they  are  ^tithin  ilie  words  iiurtiaMIl 
ing  ot' that  statute. 

By  that  statute,  my  lord,  it  is  enacted,  *•  TH0 

*  ail  moiiojiolies,  coninjissions,  g  ants,  UocafMh 

*  cIiartersBud  letters  patent  i;ruuied,  or  to  hi 
*■  granted  to  any  [laiuculat  iiersons,  bodies  ^ 

*  Jitic  or  corporate,  of,  or  tcr  tlie  sole  buySlf^ 
'  selling,  niakiny^,  wwkiiig,  or  using  of  ipy 
'  thing  within  this  reahu  ;  and  all  prodwi- 

*  tions,  inhibitious,  restraii.is,*  warrants  ^^9^ 

*  sistance ;  and  all  other  mattera  and  thi^P  r- 

*  whatsoever,  tending  to  the  institutingi  fintf 
'  ing,  strengthenmg,  fartberingt  or    tumj 

( naacing  the  same  oontr^'  to  the  bwaafJHK 
KBim,  are  and  shall  be  Nttorly  vid  WP 


t438)  STATE  TRIALS,  36CttABLES  lU 
«AbI  llMi   all  itersmti,  hoiilm  politic  Mid 
*9vpari(li^  i»hich   now  a»'<*^  of  h^reatlcr  sKfttl 
•  kf,  linU   slmfMl  ninl  be  dtsftblefl  lr>  have,  use*, 

•tafffi^ft  or  jtrr*    I'   - --  ]tTtlv,  orsnch 

* tomnmi^tm^    _  ler,   )piters 

*ml  i.lj  or 

••^j,  Ml<>rJ  or 

Tb«^,  '  chutes  of 

*f  V'  iWii  there 

liL*  >  HOfI  srtme 

^-  o  ctnu'crfj- 

t  »»'p-»nii>Hn-:,    i>t  ulMtSi    s*>hit^    use    M\ig 

in  lti«%  c^»t%  I  nhiitl  crave  leave  lo  con- 

,..     .:.,,y 

Uo,    amf  it    ig  UcTi^hy  enacted, 


f»t  any  ati 
to  any  t  '  :^ 

,   witluM   iIr-    TL-aim, 

mr?f»f*,  cnlnr-^^tij^,    or 

;  but 

mpa- 

tMa'>»  am]  ihnr  liber- 

.locl  imnimtiiies  shalj 


lSg4,— TO«  E,  /.  Company  t.  Sand^t.  [43* 

Import  them.    Thoy  have  tikewisi>  the*soIo 
using';  i'6T  V       *      *  ■:■  '  ■      '  V    s  »J<j* 

trade,  wliioi  iL* 

tasing",  that  **psM,r^., ,  .1.  >  un  ,u  im* ni-.i  j^i- ,  uud 
cxrlnJri*  all  others. 

Ht>w  (l.i'n     .nv  lni.4   rnn  Roy  ttiati  Trful  thi^ 
act  i>t  chartert  urni  Loni'  . 

imretli  ^         ^  k-  fiuia  at  the  8:in»«3 

time  conclude*,  taut  ihcir  obaiter  is  contraf  ?  t(» 


iir«  , 


1         ,  ^  

_uwm|*', 

Ttk^MrXt  P.'»   s  i.u  PTtf'luU  til  P;itpn1s  fri'fiiitetl^ 

^^lif  y  salt. 

fa»,  a«»t  ni  the 

By  ih<5  descnptiAfi  of  a  Mf>nopo1y,  >»hich 
t  Im  bf  fijri-,  out  nf  niy  h>rtl  Coke,  statcfl 
•i  rtprr«w**» ,  fln^  wolelrailc*  granted  to  you, 
^  the  *  '►f   all  othiTH,   is    a  Mo- 

M^^  »  ilesrriplion,  ai  1  hnve  h«- 

ii^  A«r«irfj  Jh  tt    tiif'ir  rhitrUr  ',    con- 

•fery  lo  thci  Act.     My   lord,  they 

•r  WTtli'r:    *^  '  '      .:    clii*i>r   rn     un>*   Act; 

ili,  t  tfvi  rit^  what  Ihey  claim 

,,^..,,.^  ,,„.,,i  i*il|  pj^inty  app^ir. 
_.  mtw  ntnnJ  so  much  ujiouthe  won  I 
Iv.    whr-tl»i  r   hv   s\hM    1    have   KTiid,    I 
or  no  ;   b-it  l»y 


,   Hi'  H»»le  buvni*;,  or 
if  ihev  have  the  «f»le 


is  d?rccl!y 


what  i«eu!tc!Pit  th 
does  sjiy^  "^1  ' 
j>cr8on,  orb" 
&elliug-,or»oIeiii. 
tion>i,  restraitiiM  jd 
a  net  all  other  matte  in 


i  lUe)  GmtuAiM  tlii^,  «jxc«pi  lUey 


'f  Torthrait  of jtTiHuiruertt 
any 

:  ,aud  Ml!  pt  t^cliuno* 
is  10  the  coniniry, 

I  ml  i:iMiijjf>!i  tiiUrhiOj^tlKri*- 
unto»  are  contrary  to  law,  and  utterly  void,  and 
of  noneelfect;  Vj  -  •  '  "  by  therr 
t{:rant,  the  sole  I  uihI  sole 

iivif,.r  ni  *lM^  <.  ,;,  ^  ,,^,_,^.,  ,,  ,,,,  »  me  ciuiie 
IS  the  enacting  words  ot  Uiia 
,  -  L,  Then^  my  lord,  if  ihey  are 
eontrai-y  to  the  enacting  clause  of  the  act,* then 
their  hopes  must  be,  that  tbcy  are  saved  by  tb« 
proviso. 

My  lord  Coke,  ia  bts  Eminent  iipfm  thin 
ac«  in  :J  Just.  182*  does  say  tliis  /  i!>ly 

and  vehemently  penned  tor  the  t  1  of 

all  raonopolieifi ;  and  the  word  '  sole  umu^,'  la 
thene  Raid  to  be  fio  g-encral,  as  no  monopoly  can 
l>e  raiiseil  but  will  be  wiihiu  the  reach  of  thU 
htutiife. 

The  word,  *  any  thing,'  shew*  •''^"  ♦*"'  q^- 
nerol  scope  and  intent,  that  iintln  be 

excluded  that  wa«*  a  monopoly  .*  i'v.  -  jIu?i, 

in  times  past,  were  ever  without  Jaw,  but  ntfver 
without  friends.  And  d'il  be  m  penned  for  the 
auppre«ston  of  all,  it  ought  to  hftve  a  Iftf^e  &nd 
general  oonstructioa. 

Oij.  But  then  let  us  see  whether  they  areiri 
the  saving  of  thi'i  Proviso. 

The  Prof  isn  except;}  charters  to  Compoiitts 
or  societies  of  merchants  within  thia  realm, 
erected!  for  the  lualnteoance^  inbrgfement^  OT 
ordering  of  trade  or  mcrctiandize. 

Rfsp.  This  Proriiio  extends  not  to  tbla 
chart  or,  or  any  lettens  patent  that  were  not  at 
the  time  of  the  mnW'"'^  ..i'lKL  ..  r  •  md  that  i* 
the  first  things  tli  are  not 

%v»thio  the  reach  iM  ui^ethif 

Proviso  docs  not  extend  to  any  letters  patent 
after  the  act  of  parliament  made,  but  only  the 
letters  patent  before.  For  the  Pmvtso  M}*», 
^  It  sliall  not  extemlt  or  b«  prejudicial  to  any 
*  town  cor^iorate,'  concerning  any  charier 
granted  to  thero,  fScc,  or  cuirtouit  used  by  them, 
or  to  societies  eretied  for  th^  ni4iintt'norict%  in- 
largement  or  onicntisf  any  ti-ade  01  merclfan* 
dize,  Tbit  does  extend  to  those  ihnt  Tierc 
granted  or  erected  at  the  time  of  ihe  nuiifng  of 
the  aet  ;  and  there  are  nf>  words  of  safing,  for 
any  that  should  hcvcartei  be  rrccfcd.  AncI  the 
won}  Lpif-Ji.  r  uriiiM  J^  wf  II  !i  ive  been  in  the 

ise,  if  it 

^:^  wordf» 

ccinciuding  thu,  Pruvisu,  j»hew  il  larther  ;  fot 

the  Proviso  goea  on,  and  nays,  That  the  mtrnt 

cltaiier^y  emwmh  oorporattotta,  fellowship* «9ii 


435]  8TAT£  TRIALS,  36  Charles  II.  i684.— ne  Great  CastofMimopplin :  [49ff 

societies,  and  their  liberties,  Sec.  s^hall  he  and  ' 
cuntinuc  of  such  force  and  effect,  as  they  were 
betore  the  making  of  this  act,  and  no  other. 
This  shews,  that  that  uhich  is  within  the 
Proviso,  was  that  which  was  before  the  makins^ 
of  the  act  only  ;  and  this  ^verns  and  con- 
cUides  the  whole  Proviso.  Now  that  only  ex- 
tending to  those  that  then  were,  and  to  leaie 
them  as  they  were,  to  leave  their  Charters  and 
Companies,  their  powers  and  privileges,  in  the 
same  state  and  condition  as  tliey  were  beibre 
the  act,  can  never  have  any  reference  to  what 
should  be  alter. 

The  beginning  of  the  Proviso  sa^'s,  this  act 
shall  not  prejudice  them  :  the  conclusion  says, 
they  shah  be  as  they  were  betbrL*  the  act  was 
made  ;  therefore  tliey  must  have  had  a  being 
beibre  the  act,  but  no  words  herein  extend  to 
those  that  then  had  not  a  being. 

And,  my  lord,  the  next  Pi-oviso  for  printing, 
8a]t-|)ctre,  offices,  &c.  that  is  to  this,  further 
shews  this  to  be  the  meaning  of  this  Proviso  ; 
ibr  that  expressly  provides.  That  this  act,  or 
any  thing  therem  contained,  shall  not  extend 
to  any  grant  or  privilege  heretofore  made,  or 
bereatter  to  be  made,  of,  for,  or  concerning 
printing.  If  then,  the  former  clause  hud  in- 
tended to  include  any  letters  |Kitent  that  were 
alter  to  be  granted,  it  would  have  had  ihese 
words,  *  To  be  granted  as  well  here  as  in  the 
*  clause  that  comes  afterwards.* 

Rut,  my  lord,  suppose  this  not  to  he  a  sufH- 
cient  answer  to  this  Proviso,  hut  that  this  Pro- 
viso shall  lie  construed  to  extend  to  companies, 
charters,  privileges,  and  imnmnities,  grantotl 
after  this  act ;  yet  the  plaiiitifts  arc  not  within 
this  Proviso,  nor  the  saving  of  it :  lor  it  ex- 
tends only  to  comjKLnies  that  are  forthe  main- 
tenance, udargemifut,  or  ordciing  of  any  trade 
or  merchandize,  and  to  their  powers,  \'c.  that 
they  have  to  tliut  end  not  two  coiupanies,  that 


have  expressed  it  in  your  declanition,  *  totum, 
*'  integrum  et  solum  Commcrcium  et  Nego* 
'  tiatibnem  habere,  uti  et  gaudere  ;'  and  to 
exclude  not  only  all  strangers,  but  all  your 
own  members,  to  base  any  distinct  or  separate 
ti-ade  upon  his  own  account,  except  a  little 
to  pay  and  excuse  you  of  charges,  and 
therehy  ingress  all  that  vast  Quantity  of  mer- 
chandizes, the  many  hundred  thousand  pounds 
wonh  you  bring  in  or  carry  out.  In  whom 
is  the  propeity  ?  In  the  corporation.  Who 
buys  and  sells  all  ?  The  corporation.  Who 
are  the  debtors  for  the  money  that  buvs 
and  provides  these  merchandizes  ?  The  body 
politic,  the  corporation,  the  invisible  body. 
n ho  shall  be  sued  for  all  these  debts?  llbe 
body  politic  ;  sue  tliem  as  you  can,^  they  will 
either  be  too  great  and  too  rich  to  contend  wHli, 
or  else  in  that  condition  as  you  know  not  how 
or  where  to  have  them. 

An  invisible  body,  subsisting  only  in  intel' 
ligentiti  legis,  a  body  politic  without  aoul  or 
conscience,  as  the  law  says  it  to  be. 

Wc  ha\  e  seen  them  in  a  year's  time,  in  both 
these  qualifications,  so  great  as  scarce  any  mam 
would  contend  with  them,  so  invisible  at  ano- 
ther time,  as  a  dun  would  scarce  find  tbem  ; 
this  surely  cannot  be  fur  the  maintenance  or 
inlargement  of  trade,  to  deal  with  I  know  not 
whom,  where  no  security  or  person  subrists. 

It  is,  in<leed,  fur  the  muintenance  of  the 
Company's  trade,  to  enal>le  some  of  tbem  to 
<;el  10  or  20,000/.  per  aimum  by  it,  and  to 
keep  this  vast  trade  in  a  few  hands.  But  wan 
that  is  not  of  the  trade  the  Proviso  intends; 
restraining  to  the  Imdy  politic,  wbicb  is  but 
one  person,  or  many  in  partnership,  is  qiute 
contrary  to  the  enlargement  uf  tlie  Proviso 
mcntiumd.  And  therefore  to  say  you  are 
within  the  saving  by  this  Proviso,  a  company 
cri'i*ti;il  for  tliu  maintenance  andinlafgementof 


are  erected  to  haveasf)le  trade  b\  » joint  stock,  j  tratUs  when  you  restrain  all  but  younelvea  to 


or  st'ick  of  the  corporation,  to  ixrlude  all  othei-s 
from  having  any  thing  to  do  in  that  trade.     It 
does,  and  reasonably  may  l>c  intL'n<lcd  to  extend  I 
to  all  companies  that  are  tor  the  maintenance,  ' 
increase,  and  well-ordering  of  trmie  ;  as  the  : 
Turky  company,  the  lMu%>i-o\y  com|Kiny,  the 
Hussjia  comnauy,  and  ilau)lM)ruu«:li  company  ;  I 
and  those  tliat'l  have  been  s|»caking  uf,  that  j 
trade  nut  as  bodies  politic,  or  a  joint  stock,  but 
every  merchant  that  will,  may  be  thereof  a 
member,  and   every  member  tliei-cof   trades  : 
upon  his  own  pri\aie  sttxrk  and  uccouni  as  a 


trade,  seems  to  he  a  contracUction. 

And  fi»r  the  following  words  in  the  ProvisOy 
*■  Or  ordering  uf  any  trade  or  mcrchandisEe  ;*  if 
you  say  you  are  saved  within  the  extent  of 
these  words,  then  you  must  make  a  conttnic* 
tion  uf  these  words  in  this  sense  : 

That  ordering  trade  or  mercliandize,if  ex- 
cluding all  4)thcrs,  and  taking  the  whole  to 
omselves.     A  mi»st  excellent  ordering  tbftt  hi 

Ui4t  the  sensii  of  these  words  in  tlie  ProvifO 
is,  tu  save  to  the  cori>orations  and  fellowsbipo 
of  arts,  trade*;,  occupations  and  mysteries. 


merchant ;  but  not  to  this  c^Mi^pany,  who,  in-  j  tu  com}>anies  of  merchants,  the"  |)Owers  and 
stead  of  ordering  the  traile,  eadefa\our  to  bring  ;  authorities  that  they  had  for  the  maintenance, 
the  sole  trade  unto  tht  uiseh  (>s 

Therefore,  my  lord,  these  are  the  companies 
that  are  within  the  exception  saved  from  the 
p«^nalties  of  this  act ;  but  ^^v  must  be  as  silly 
as  the  infidels  they  deal  wiih  in  these  maUers 
not  to  distinguish  betwixt  these  rorpuraliuns, 
and  their  management  and  yours;  they  exclude 
none  frcnu  trade,  they  traile  not  iu  a  pulitic  ca- 
pacity, in  a  sole  stock,  but  every  man  is  a 
trader  upon  his  own  peculiar ;  but  you  take 
WfMm  you  in  your  politic  capacity  as  you 


I  inlargement,  or  ordering  of  trade 

13  \  taking  care  that  commodities  were  ho- 
nestly anil  rightly  made,  withotit  fraud  or 
deceit,  as  tu  the  goodness  or  excellency  of  thtf 
commodity,  or  deceit  in  their  measures  or 
quantity  ; 

That  the  sen  ants  and  younger  aort  wcie 
honestly  and  industriously  educated  iu  their 
trades  and  mysteries,  by  the  masters  and  eldcf 
sort ; 

To  place  and  keep  good  order  nnd  deconP 


^  i  tlifk«r  *»f  the  «wje  iiif«lcfv  nnd  trade ; 
fiartweiiililifig  and  t<msnltintr  tor  the  com- 
mm  igiwjil  flDfll  tnmiiAifnncnt  of  ihtrir  respective 


Hfovi«<)  c3ccp|»t^  and 


■t  lun^  tn€mMuefija«t  lictbre,  as  new 

»aii<l  llie  sock'ty  (>r»ny  era t\  or  my s  > 

IffT?  tb#iae   aijui  Hr#»  umlef    ilie   exception^ 

I  i5oc9  still  expound  theni  to  he  incatit  oi' 

Cf||fiilmr,  ihit*  onler  und  g"ov*?rnment  in 

^  for  the  iliie  r^'s^nlaiint;  of  trades 


IJJT]  yrVFE  TRULS,  3$CRAitts&ir  l684.— TOe  H.  /.  Comp^mf  »,  .Siin^fy?,  [438 

liare  a  «ole  tnidet  to  hinder  oi*  exclude  others 
from  iiitinjj  It.  Thut  \^t\w  frn^  sense  of  tlie 
Proriso:  but  fx>f  the  other  sense  that  ihcy 
wouid  hiiTe«  it  js  ttie  vrayto  make  it  the  nio^ 
repugnant  and  contradictory  act  that  ean  be  : 
for,  my  lord,  tft  shew  that  it  is  so,  gi%e  nie 
l^ve  to  compare  iheni. 

The  sense  tiiey  wonld  hare  i.s,  tliat  it  siicmld 
ttve  to  bodied  poliijc,  the  having  the  sofe  boy  * 
ing^,  RfUing,  and  using'  any  inerchttndrze  or 
trade,  as  a  corporation ^^  tbat  such  should  be 
excepted  out  ot  ibis  act. 

Now  let  lis  compare  the  Proviso  nith  the 
enactiuE^  clause,  and  taking  the  Proviso  in  that 
sense  ihe\  wpuld  liave  it,  that  a  body  i>o1itic 
may  have  the  sole  buying  and  selling,  or  n&ing 
any  mere h and ijte  or  trade,  as  a  corporation  ; 
then  the  enacting  mri,  ifith  the  Proviso,  will 
run  thus,  enacted,  That  letters  patent  to  any 
[icrson  or  hoAy  police,  for  the  sole  buyiniyf,  sole 
making  or  uslng^  of  any  thing-  ^ritbin  this  realnii 
are  contrary  to  lavv,  an<l  void  ;  and  no  body  po* 
litic  shall  be  capable  of  having,  iisin^^  or  exer- 
cising of  any  such  letters  patk^nt,  inhibition  or 
restraint,  provided  that  boiJjei  poUUc  may  have 
the  sole  hu^  in^,  *»elling,  and  using  of  any  trade 
or  merchandize. 

Is  there  any  thing  can  be  put  in  words  and 
tenns  more  contradictory  than  this  is?  and 
yet  thus  it  must  be  if  their  sense  prevail ;  ftjo 
that,  roy  lord,  there  ig  not  a  more  repugnant 
und  contradictory  ttiuig  can  be  made,  limn  this 
Pmviso  to  the  horly  of  the  act,  if  yon  take  it  in 
the  sense  they  would  haie  it. 

SiTpposp  the  slalulc  of -— —  that  enacta, 

That  no  man  shall  u^  a  trade  that  he  has  not 


tifctc»irllt»til 

tttlN  iSaik^,  tillli  ine    vniii:i-iT  N<»rT  (»r    nu«-nii.'nl 

la  l£e  elder,  aod  the  effler  instruct  the  \  oun^t^r, 
mi  tM  opproM  them.  Tiicsi*  uro  thr  lau-s 
ibti  tiMff  »«fe  (HI Wit  (nnd  it  is  tit  they  should 
lasi*^  to  maic  for  the  roana^'ment  and  increase 
«ftr-  to  have  a  solo  power  over  tnule, 

^  \[  1  ju  it  by  a  joitil  iHStock,  to  ing^i-oss 

ft  Olio  ^ir  «**•«*<  haml*»  or  into  the  hands  of  a 
My  politir^  which  is  bnt  a*  one  person  in  law, 
ttA  la  this  titatiner  to  trade  under  the  pretence 
tf  aHifr  *»r  ifftrtd  tjovernnienl  ;  ihii*,  under 
lueaut  or  intendei)  by  thi& 
\.  Therefore  that  which  1 
<l,  i*  tire  seniBe  nx\\\  uiean^ 
'\  and  not  the  havin^'^  the 
"  ^»fher5,  as  here  is  en- 
» have. 

L  of  Jpsivich's  Case, 

uy  of  tay]or<f  made  a 

-  frnrn  exercisiujf  or 

vn  of   Ipswich, 

tu  the  master 

,  and   three  of 

iir-ni  workmen, 

iVt  ^eru-d  seven   years  at 

and  then  admitted  by  the 

,,:    ■  ■  ^  ■;;■.,      *  '  ,r 


WvU 


Jin«l  meaning'  to   ex- 


h  t*  tb' 
tu  be  t 

'^^'^  ' 

\y    n  .rone   might  think. 

aliwi^  ltd  were  Uje  judges 

U(»der   any  pretence   they    should 
ICO   from   their   lawful   trades,  that 
P  mtiilgvd  thin  a  void  by  law,  as*  tending  in 
of  if,    to  n<»t!nm    men    of  their 
and  introdiJcin£i: 
rn<*ft  by  (he  rdd 
[nifM^  lri*K'»o>eii  t      .-        ^ 

l^lwmei.    And 

wiil  4;«v*Ttiment  of  meiH  of  trades  i 


iineir  lav 


M.A     '       \. 


served  an  upprenttcrship  to  by  the  space  of 
seven  yearsi,  had  a  Proviao,  Thai  a  man  may 
use  a  trade  that  he  had  not  served  an  ap^ 
prenticeship  to  by  the  space  of  seven  yeara  ; 
this  had  been  a  void  repugnant  Proviso.  Thit 
is  as  plainly  repugnant,  that  no  body  pohtic 
shall  be  capable  of  having  a  sole  trade.  Re- 
ptignant  Provisos  are  in  law  void. 

My  lurd.  If  so  be  a  Pmviso  be  repugnant  and 

contradictory,  thru  it  will   t>e  void  ;  and  so  are 

II,  and   to  encourage  j  all  onr  books,   1  Co.  4(i  Plowd.  Com.  i*63-     A 

I  statute  gives  the  lands  of  J,  8.  to  the  king  j 

and  then  n  Proviso  eomea  to  save  the  right  of* 

I  all  person** :  this  shall  l>e  construed,  hU  peisons 

I  iHfsKles  J.  S,  not  to  ile^troy  tbe  premises. 

i      I'hercfore    when   this  act  says,    That    all 

I  patents  grantetl  to   a  boily  politic*  of  the  sole 

>  buying,  sellirtg,  and  iiKiog  of  any  thing  within 

I  the  reuhn,  ^Imll  be  void  \  and  a  Proviso  »ay»| 

I  That  it  shall  not  extend  or  be  prejudicial  to  any 

company  ot  merchants  erected  for  theordcring^ 

I  mamteoaiKH-,  and  increase  of  any  trade  or  raer- 

chnndixe,  if  construed  in  their  sense,  to  give  the 

Om<u...v  ■^nt*  ii,jvr»-r  M'lliiicr^and  using  of  any 

till  (tictory  ami  void  ;  lh«tl 


""♦  to  restrain 
and  Htap'ft 


tlMii  a 
oCfo^u  m  I 


'    und 

^latntc 

11*  were  for 

,  and  good 


,  bill  am  to  «ttabk  '^  corporatioo  to 


that  >  .     But  taking  it  in  tb« 

other,  which  I  apprehend  to  be  the  true  aenat, 
that  order  and  government  is  protideil  for; 
that  is  the  meaning  of  the  Proviso,  and  nothing 
else;  and  this  Ls  tlie  general  practice  of  the 
todgtks  ftud  canipaoics  albwed  iu  all  tita«». 


439]  STATE  TRIALS,  36  Charlbs  U.  l684^7»e  Great  Can  ofMatufpelM:  [440 


But  a  sole  trade,  under  the  pretence  and  colour 
of  order  and  manai^ment,  never,  as  I  believe, 
had  any  judicial  allowance:  and  then  you  are 
within  the  enacting  clause  of  this  act  of  par- 
liament, and  are  a  monopoly ;  or  because,  it 
may  be,  yuu  do  not  like  that  word,  you  have 
the  sole  buying,  and  sole  selling',  and  sole  usin^ 
of  this  trade,  wliicli  is  contrary  to  the  express 
words  of  this  act  of  parliament,  and  so  your 
patent  and  charter  is  void. 

But,  my  lord,  they  endeavour  to  answer  this 
Objection  with  another  sort  of  answer :  tliey 
say  the  Proviso  is,  I'hat  the  act  shall  not  ex 
tend  to  companies  of  merchants  erected  for 
government  and  order  of  trade,  but  that  their 
charters,  privileges,  and  immunities,  shall 
be  of  like  force  and  eAect  as  they  were  before 
the  making  this  act ;  and  therelore,  say  they, 
patents  to  companies  of  merchants  for  ordehog 
of  trade,  if  u;ood  before  thiL-  act,  shall  be  good 
stIU  ;  und  therefore,  say  they,  this  act  cannot 
hurt  us. 

My  lord,  the  objection  is  uic^,  as  I  appre- 
hend, but  so  it  is,  if  1  take  them  right ;  this, 
under  favour,  is  but  the  same  thing  again  in 
other  words ;  for  the  conclusion  of  this  Pro- 
viso extends  no  further  than  the  chartc^r  men- 
tioned in  the  beginning  of  it ;  it  extends  but  to 
the  same  charters  (so  are  the  ^ery  words)  sliall 
be  of  as  good  force,  &c.  Why  tlien  what 
charter  or  patent  is  it  that  shall  remain  as  they 
werebeforo  the  act?  Why  those  that  are  ex- 
cepted. What  are  excepted  ?  Those  that  are 
for  order  and  management,  as  I  have  before 
shewn  ;  not  those  that  are  for  a  body  politic, 
to  use  a  sole  trade,  that  is  repugnant  to  the 
enacting  clause ;  therefore  these,  as  I  have 
said,  are  not  exceptt-d,  or  within  the  Proviso, 
and  so  we  come  back  again  where  we  were. 
Are  you  excepted  out  of  the  act?  If  you  are, 
I  agree  the  act  hurts  you  not ;  if  \ou  are  not 
excepted,  then  you  cannot  be  in  tlie  same  con- 
«lition  as  you  were  before,  or  as  such  charters 
were  before  the  making  the  act ;  for  the  con- 
clusion and  latter  pait  of  the  Proviso  is  to  be 
taken  in  no  larger  sense  than  the  words  that 
went  before  in  the  beginning ;  nor  can  extend 
further  than  these  words  extend  ;  so  that  1  say 
it  retorts  j  ust  back  again  where  it  was .  1  f  they 
be  excepted,  they  l>e  not  irithin  the  act ;  but 
then  the  Proviso  will  be  repugnant,  as  I  have 
said  before,  and  contradictory  ;  if  they  are  not 
excepte<l,  thev  have  no  beneHt  by  the  Proviso, 
bo,  my  lord,  taking  it  upon  what  1  have  said, 
I  do  ho|>e  that  the  words  of  the  act  of  parlia- 
ment plainly  do  extend  to  bodies  oolitic,  and  to 
inhibit  the  mgrossing  sole  trade  oy  bodies  po- 
litic. They  say  themselv<>s,  and  it  apiiears 
they  are  a  InMly  |>oiitic,  and  they  have  this 
sole  trade ;  and  so  the  enacting  clause  extends 
to  them. 

Next,  I  say,  the  Proviso  exiends  to  charters 
granted  lieture,  not  to  charters  to  be  granted 
after  the  act  of  parliainent :  and  as  to  those 
charters  that  are  exceptnl,  it  leaves  them  just 
M  thejf  were  bdbre ;  but  if  their  sense  takes 
plaoey  thea  it  it,  as  1  omodf  e,  with  nibmi*- 


sioo,  most  palpably  contradictory  and  repug- 
nant to  the  act ;  and  then  it  is  as  lawful  at  this 
day  to  grant  to  any  corporation  any  sole  trade 
or  manulacture,  yea,  downright  to  grant  tbem 
a  monopoly,  as  it  is  to  make  any  other  grant ; 
and  so  this  would  be  rather  a  countenance,  than 
an  act  made  against  theni. 

But  then,  my  lord,  they  come  to  another 
thing ;  this  is  an  infidel  coontiy,  this  is  a  sole 
trade  with  infidels,  and  such  a  trade  the  aub' 
jects  never  had  any  right  to  have  without  the 
king's  licence ;  and  now  being  so,  that  dif- 
ferences the  cause :  and  to  prore  it,  they  die 
Michelbom's  case,  in  2  Brownl.  S96.  wherein 
Mr.  Bro\«nlow  bein^  prothonotary,  redtei 
what  my  lord  Coke  said  in  that  case.  That  no 
subject  might  trade  into  infidel  countries  with- 
out the  kmg's  Ucence ;  and  his  reason  was, 
because  he  might  relinquish  the  catholic  failh. 
and  adhere  to  infidehsm :  and  that  he  had 
seen  a  licence  in  the  time  of  Ed.  HI.  wbereii 
the  king  i-ecites  the  confidence  that  he  had  i« 
his  subject  that  he  would  not  decline  his  reli- 
gion, and  licenced  him ;  and  that  diia  did  arist 
upon  the  recital  of  a  licence  made  to  tr^Mle  M 
the  £ast- Indies. 

And  they  do  cite  Cahrin's  Case,  in  Co.  7, 
Rep.  fo.  17,  wherein  it  is  said.  That  infideh 
are,  in  law,  <  pcrpetui  inimici,'  and  hetwcci 
them  and  Christians  there  is  perpetual  hosti- 
lity, there  can  be  no  peace;  and  !«  H.  8, 
fof.  4,  where  it  is  holden,  that  a  P^^n  can- 
not have  or  maintain  any  action  at  all,  nop 
have  any  thing  witliin  this  reaius;  and  k 
prove  this^  Register  282,  and  12  U.  8,  fid.  4, 
are  there  cited. 

31  v  lord,  I  have  the  more  fully  recited  wba] 
tiris  Ts,  U^ause  1  hope  I  shall  give  very  full 
answers  to  all :  but,  my  lord,  before  I  do  an- 
swer Ibofic  Books ;  First,  Let  us  see  what  the 
consequence  of  it  will  be :  supposing  tlie  law 
to  be  as  these  hooks  say,  and  as  thtfe  gentle- 
men would  have  it;  and  the  conse<)aenGe  will 
be,  that  the  plaintiffs  cannot  maiutam  their  ac- 
tion, but  the  charters  granted  to  tliera  will  be 
voitl. 

First,  Upon  the  reasons  given  in  tbsic 
Books  ;  for  if  the  books  are  of  authority,  the 
reasons  there  k^^^"  'uust  be  of  authorit  v  (savi 
that  buok  of  Browntow's).  The  king  has  m 
care  and  preservation  of  religion,  hy  the  lav 
vested  and  re|M>sed  in  him,  that  the  subfesf 
should  not  trade  with  infidels  withuiit  licenof, 
that  they  may  not  renounce  their. faith;  ami 
the  king  will  take  care  to  give  licence  U 
traffic,  to  such  only  as  he  can  have  confi- 
denize  will  never  \%avcr  from  their  profession. 
Siip)M»sing  this  to  be  true,  then  tlieir  paM 
must  lie  uoiii^ht ;  for  then  it  is  only  granlabk 
to  i»ersons  in  whom  such  confidence  may  bf 
My  loni,  then  see  huw  this  will  stand  wii 
their  cliarter.  Their  (H)rporation  a^  d  body  pfi 
litic  is  indefinite,  as  to  [K'rsous,  and  the  mea- 
hers  changed  crontiuually  ;  some  sell  ihip 
stocks,  and  i{0  out,  or  die ;  others  buy  tbiii 
stockK,  and  come  in  that  way  to  b^  menhfli 
of  the  Company,  or  inexccttion  to  thoitdil 


i]  STATE  tUlAIA  36  Chablbs  II.  l6S4.— HU  E.  /,  Comfmn^f  t,  Smufyi.  [44fi 

tipoa  wbicli  lliift  f  rest  miitter  reli^i  tu  prove 

Vim,  TliHt  liiHjk  of  Bi'oHtiiou^s  is  a  book 
that  WAS  printed  in  tUe  Ute  Um<**^  'rHl  n<>t 
Uctnsed  by  any  judge  or  pcnion  v,  - 

bul  truly  I  have  |f»>t  a  copy,  nod  ;;  i> 

BtA\  of  I  he  Case  llici'c  nporti-d  ;  « i  , 

JSrIicb.   7  J&C,   B.  C     ttyt.  bjU7.      ^  n 

a^nst  Batburst ;  it  b  in  a  pmhiUiUMii,  titutm^ 
fiirtl»,  Thai  tbr  kin^  had  granied  tu  tht^  plum<» 
tttf  bis  commission  to  «^o  uitb  the  $bijt  'l*yi;er 
to  tbe  lodie^,  to  spoil  uud  bupprea^  the  (utidcU, 
and  to  take  from  iiiem  w  hat  hw  could  ;  that  tli« 
plaintifT,  in  tbe  probibilioo,  bavuij^  ihi;!  eojin" 
mission  trom  the  kioir,  did  tauter  luto  iittic1«?i 
with  tlte  defendant^  to  ^vt*  him  a  share  o(  ^vhat 
he  should  get  in  the  adventure:  and  tbereuiMin 
there  «? as  a  «uit  in  the  'j.dii)ir«dty  by  the  de« 
feiidant,  ag^aiost  tbe  plaintitf^  and  he  comes 
and  moves  for  a  prohibition,  sujjrg^^ting  tliat 
the  articles  were  made  upon  the  hiod,  auil  not 
upon  ibe  high  sea,  and  ao  the  court  had  no 
jurisdiction.  Now  upon  the  debate  ol*  this 
case,  it  did  appear,  there  w9m  a  kind  of  letters 
4d*mart,  a  commission  from  ihe  kin^,  in  a  v^ar* 
like  manner  to  npoil  the  intulels,  ami  g^t  what 
he  could  from  them.  But  now,  how  this 
would  come  in  debate  to  make  a  llei^^tutioa 
about  the  business  of  trade,  1  do  not  know  ; 
probabiy  it  might  be  as  is  there  related ;  but 
vrbat  is  in  tbf  book  is  only  an  occasioual  say* 
in^^  of  ray  lord  Coke's,  u|K>n  the  motion  for 
this  probibitioQ.  So  that  a  man  that  wdl  laj 
any  great  stress  U{H>n  sucli  an  autbonlyt  musl 
be  mighty  willing  ;  for  it  is  only  an  CMH^asiofial 
sayiu^f  and  uotbtng  relating:  to  what  was  tberf; 
brout^t  iu  judg-ment,  which  was  dbc»ut  a  com- 
missiuD  to  take  away  j^ooils,  perhaps  from 
enemies,  by  letters  of  mart,  not  ab^iiit  trade ; 
and  HO  I  boi»e  there  is  no  gi-eat  matter  in  tbtft 
report. 

Tbe  next  case,  my  lord,  is  tb*t  of  Calrio, 
where  it  IS  said,  thai  an  iuHdel  is  ^  per  pel  um 
iHunUui*  can  matutain  no  action,  or  ba%e  any 
things;  and  that  tbert;  i^  [leipetnal  bo»tihties  be- 
tween C'hriKiisuui  and  liueb^  and  uo  peace  cao 
be  made  uiih  them, 

My  toiMJ,  'tiN  true,  that  thin  U  said  in 
Cavilrs  ciuw*.*  But  i  mn*.t  nSm  say,  »s  there 
was  no  tK'casion  in  tbe  Ibrnier  report  fur 
saving  of  that,  uo  more  ii»  there  in  Calvin*s 
ca%c'  ii#r*ayui^  of  thi*>;  tor  it  made  uoLhiug  to 
the  mattiir  in  ijtiestion  abou^lie  Put^t-nati,  or 
were  they  af»y  wtip  ltd  to  it,  in  tbe  dtfbate  af 
that  caiM*i  tb»re  was  iiotlkuu?  tberr  in  juilflf- 
mt^nt  that  ipifc  ooeiutosi  for  ii,  so  that  1  oiiiin4H 
think  It  waa  much  coii«ideiud  of  U^^l^^reit  waa 
Hinikeu. 

i  lie  i*ooka  that  are  there  died,  f  haveliK>ked 
upon,  to  »»^e  if  they  woulJ  prove  any  such 
fill'*:;  a>   they  are  iLece  cjt«:tl  tor,  audi   thiDk 

•»o  r  in},  and  all  that 
a  VI  fit  of  prolectiokt 


wf  new  members  arc  ct ery  year, 
r  jn   ^    t    •  t  »:     xaimne,  or  take 
[  ivs  Is  Im  ssSisti  iu«e  are  in  their 

illi^dsiij  ^«-<-  ;■•  >  >^-*d  bow  then  can 
tbfs  k<  osflUde^  io  a  UMJy  politic,  which 
tb#  liw  t«v«  bas  niftllier  soul  ttor  con^cJi^nce  P 
W kss  coiiuileiicc  can  be  re|>oi»c4  in  such  a  per  - 

iirundlyt  Bendtfi,  it  is  not  only  the  mem- 
bn  uf  the  Couipsuy,  that  at  the  time  of  the 
iBW|PiiniiSii  #fff>  tocorporsted,  and  their  sue- 
mmmrm^  tlnil  mm  tiius  privileged  >  but  their 
wtm  taii  s|*fi«eDtioe«,  their  factors  and  servanti, 
b«c  bemee  hy  tAiis  patent  to  tradr  there :  and 
•k«iBB«iity<.*3if    '        '        *  .bma;^not 

iW  SMVfniDf  :e  their  re- 

IpHlf  UT  lliia  liwK  i«i:^  u«  lA  u  u^i  uud  prero- 
|Mii  in  iIm:  )^t)i^n  to  b«  git  en  t«t  such  persons 
■  pIiosb  |1i«  kiug  can  have  c6ut)deiice,  tbut 
%y  wiil  ttot^  by  converge  with  iofuliU,  c  b:l^^^e 
ir|n|Uilice  ihcir  rr!i«i^ion.  Sec  lhi?i  cannot  he 
fsit>J  to  al»<^  nid  their  successors, 

stec^  iB4y  ba«  voce  for  ever;  and  to 

liar  mum.  llArtor^  apprentices  and  servants, 
pBmmm  sltojipstlitr  link  now  n«  not  bom,  nor  in 
nirwB  nAlMJ-A  wheii  these  letters  patent  were 

'  tsyiHi,  to  trade  with 

•at  tbe  law  hasesta- 

'  LtotJ  prei  i  "  ■        ,11  tbe 

.ionof  reh-  rnsej 

4i,i  I*  f*-i     '>'■■  r.-|;^i.,i_-   III  you 

«(l^fst-lndi»  C'  Uiit  yon  tshould 

AMrs|siivru>  i^rur..  ^..^..i:*  to  whom  you 

«0r  JfiaU  tliis  is  done  by  your  patent ;  fiu- 

ilsfsffci*^»bv  iwwer  granted  you  for  your 

^l||ri  (»r«andservsnts,  which  are 

■«lL<    ,  traelve^  nominate  and  ap- 

l|«ilBl7»«*r  iltivcteUNrnM,  and  undoubtedly  very 

I  otliers  that  }  ou  brings  into  your 


tht«  pow*er  that  tou  hjive  ex- 

'<^  horn 
luse^ 
or 


443]  STATE  TRIALS,  36*  Charles  II.  I684.— 7)li;  Gi-eaiCase  o/Manapoliet:  [444 

^nnieA  to  the  prior  and  brethren  of  the  Hospi- 
tal of  St..  John  at  Jerusalem,  and  their  a^nts, 
it  is  said,  That  that  hospital  was  founded  in  de- 
fence of  holy  church,  against  the  enemies 
of  Christ  and  Cliristians :  but  truly  how  to 
conclude  out  of  that  book  this,  that  infidels 
should  not  have  an^  pro|>erty  in  trade,  or  be 
ferpctui  inimiciy  with  whom  no  jieace  can  be 
had,  I  know  not,  or  that  cau  maintain  no  ac- 
tion. 

Then  fo.  1*2  II .  8.  4,  they  also  cited,  that  is 
only  this,  Tiie  original  case  in  an  action  of 
trespass  for  beating  his  servant,  taking  away 
his  dog,  called  a  blood -hound :  And  there  it  is 
said.  If  a  lord  beat  his  villein,  or  an  husband 
beat  his  wile,  or  a  man  beat  one  out-lawed,  or 
a  traitor,  or  a  Pagan  ;  they  shall  have  no  ac- 
tion, because  they  are  not  able  to  sue  an  action. 
1  must  coufe»i,  my  lord,  this  comes  in  very 
oddly,  from  a  dog  to  a  Pagan,  and  there  is  no- 
thing to  lead  to  it  in  all  that  case,  that  1  can  see ; 
and  yet  this  is  all  the  authority  that  is  cited  in 
Calvm*s  case,  to  prove  that  they  can  have  no 
action.  So  that  all  that  a  man  can  make  of 
this  is  only  discourse,  and  sudden  thoughts  and 
opinions,  and  sayinpfs  of  counsel ;  nothing  of 
debate  or  judgment  in  the  case. 

It  is  true,  my  lord,  the  Christian  religion 
and  Pajg^nism,  are  so  contrary'  to  one  another, 
diat  it  IS  impossible  they  should  be  reconciled 
any  more  than  contradictions  can  be  reconciled ; 
but  because  the  religious  cannot  be  reconciled, 
that  therefore  there  should  be  a  partition-wall 
between  us,  as  to  property  and  ommerce, 
perhaps  is  a  doctrine  as  irreligious  as  can  be, 
and  does  destroy  all  means  of  coming  to  con- 
vince and  reduce  them  to  the  faith.  But  now, 
besides  these  extrajudicial  and  occasional  say- 
ings in  these  books  cited,  which  an*  of  little 
authority,  I  cannot  find  any  books  or  cases, 
much  less  judgment  or  authority,  for  such  opi- 
nions in  so  great  a  |H)int  as  this  is :  but  on  the 
other  side,  it  a  man  considers  the  general  cause 
and  practice  of  trade  and  commerce,  and  legal 
proceedings  in  all  times  and  ages,  one  would 
think  my  lord  Coke  could  not  be  in  earnest  in 
what  he  lias  said  in  Calvin's  case  about  infidi.>1s. 
Let  a  man  <-onsider  what  a  great  part  of  the 
world  wc  have  commercf  with,  are  infidels,  at 
this  day,  as  the  Turks,  th;»  Persians,  the  Moors ; 
and  otIuT  plarch  in  Spai.i  aiwl  I*oiIii„mI  -.vrri* 
possissed  by  th»*  'Mc  ;ir.s,  \tliii  won'  infi'lvl*,  li'l 
about  '2(X}  yrius  «ulo  :  for  till  tUc  y  iir  1  17  J, 
tJie  MiHii-s  lind  po>S4Ksiou  ot'  hoth  \Uv>v  roini- 
tries  for  tlic  .space  fit' ruuir  70(»  years  ii-lorr, 
and  have  we  not  aV.v;iyi.  h,ni  ii\;Iiin:r  with  all 
those?  Ilav.:  wv.  not  Um,.;u<s  nuil  ti'cai'!(*s  ultli 
the  pi'inees  <ii"  inii-.h  !  «.'«M..Miirs.*  Do  wr  not  re- 
reive  amliaKsadors  tivin  t'.iri;),  :uid  send  am- 
bassadors to  thtm,  and  nniiisuis  r«<idin;i"  with 
tiitin  ?  nav(  we  not,  trtiii  linu!  tn  t  inu  ,  uimI  this 
in  all  times  and  ii^os,  :iiu!  tiiii!  in  t^iron  Kti/.n- 
betlf s  time,  in  the  be»t  anJ  nir;st  rtiii^ious  time, 
for  many  hundLXMl  years  P  Uai  e  wie  not  like- 
wise war  and  peace  with  them,  in  like  manni  r 
ai  with  Christian  kings  and  countries  ? 

And  let  a  uian  consider  the  coiviequcoccs  of 


this  doctrine.  If  thejr  are  perpetui  tHindciy 
then  we  may  justify  killincf  of  them,  asthos« 
wc  are  in  hostility  with,  whercgoever  we  meet 
them,  and  justify  the  taking  away  wliatthey 
have  from  them,  as  17  £.  4.  fo.  13, 14,  it  if 
adjudged,  that  a  man  may  seuse  and  take  to 
his  own  use  the  goods  of  an  alien  enemy, 
wherever  he  can  find  tliem  ;  for  it  is  the  priee 
of  his  adventure  to  take  them,  and  of  his  vic- 
tory over  his  enemy,  if  he  have  taken  him. 
And  2  H.  7. 15,  if  an  infidel  bean  alien  enemy, 
then  any  man  may  take  away  the  goods  of  an 
infidel,  and  have  them  to  his  own  use ;  and 
this  would  be  a  good  trade,  if  this  be  so;  any 
man  may  kill  and  beat  him,  if  this  be  so. 

Mr.  I^licitor,  in  his  Argument,  was  pleased 
to  use  many  ancient  rolls  and  records  out  of 
H.  3.  and  Ed.  1.  and  about  those  times,  con* 
ceminpf  these  princes  dealing  with  and  band* 
ling  ot  the  Jews ;  and  I  believe  he  might  have 
cited  many  more. 

Mr.  Prynne,  in  his  book  which  he  ciBi 
<  The  second  Part  of  a  short  Demurrer  to  the 

*  Jews,  discontinued  and  barred  RemiOer  inii 

*  Bngland,'  printed  in  the  year  1656,  has  a 
long^  treatise,  in  which  I  believe  an  hundred  le- 
cords  and  histories  are  cited  to  this  pinpose^ 
That  the  Jews  did  exact  and  enrich  themselves 
by  usury,  to  the  great  impoverishing  of  the 
people ;  and  that  the  princes  of  thMe  timas 
polled  them,  taxed  them,  and  took  away  the 
estates  of  the  Jews  from  time  to  tiue^  aoi 
thereby  a  man  might  think  that  these  ki^gi 
used  them  but  as  spunges,  to  make  then  gripe 
what  they  could  from  others,  and  theu  sipMMd 
it  from  them  into  their  own  treasury :  and  it 

j  must  in  all  probability  be  so.  The  story  is 
i  true,  my  lord,  as  he  relates  it,  and  in  the  rolb 
J  there  are  a  multitude  of  them  cited  to  that  pur- 
'  pose. 

!  But  birsides  Mr.  Prynne,  there  is  a  statnte 
*  of  Morton,  ch.  5.  made  20  II.  3.  my  loni  Cokein 
I  the  2d  Inst.  89  says,  uas  piinciiially  designed 
against  the  usurious  Jews.  The  statnte  de 
Juduismo,  18  E.  1,  nhtes,  that  the  kii^i 
I  people  hud  lK>en  disinherited,  much  injured  SM 
j  inipoverii^hed  by  the  usury  of  the  Jew-S  ud 
I  enacts,  <  That  no  Jew  tliereafter  sIkmiM  take 

*  usury  upon   lands,  rents,  or  other  things.' 
I  And  iiitli.!  2d  Inst.  .^07.  my  lord  Coke,  inUi 

cornmeiit  upon  that  statute,  says.  That  15,060 
;  Jt'»  .H  thereupon  went  out  of  the  realm. 
'  Nil  tlKa,niy  lord,  we  do  not  dispute  butthit 
,  the  thct  J  lodged  may  be  true;  tliat  the  Jews 
j  lu.icM'xtorsive,  and  the  king  took  away  their 
I  •ish.-.is :  hut  liic  matter  is  the  use  andapptiei- 
I  tion  ot  that  i'act. 

I  Tor,  tirst,  I  think  if  it  he  known  law,  ui 
I  takfMi  to  ht?  according  to  any  known  law  whidl' 
I  we  \vd\  e,  that  they  were  as  alii^n  enemies,  thai 
as  the  king  might  take  away  their  estates  0 
thr  subjects  may  take  them  away  too ;  so  tbflt 
is  no  such  iu>e  to  he  made  of  it  as  the  other  M^ 
would  have,  as  1  perceive.  'Hiey  say  u  i*^ 
fidels  the  king  would  take  away  their  estaM 
because  they  arc  *  perpetui  inimict ;  and  I  iV- 
ifthey  wtre  alien  enenuee,  then  thesnl^i^ 


i]  STATE  TMALS,  36  CaABLES  IL  iGB^^The  E,  I  CMpmi^f  t.  SMidy9.  [44e 

tii^ht  Uke  tbem  aw&y  too;  for  satUe  book    u^,  as  upon  the  kind's  eneroj ;  tknd  what  he 

I  can  take  from  him  is  bis  own  acquisition,  as 
Htnextt  my  ford,  I  do  use  il  another  way ;  ^  the  price  of  his  adventure,  and  conquest  otot  ,  ( 

his  enemy. 

The  Books  cited  17   E.  4.  3,  and  7.  proT^ 
this. 

Gut  by  what  m  admitted  by  them,  that  they 
were  great  usurers^  and  had  ^eat  estates^  it 


Latl  tbcsn?  dealings  with  Jeivs  shew,  tkiat 
I  not  alien  enemies,  but  treate<t  as  \ 
8,  SO  long"  as  the  king  pleajied^     For, 

tlord,  if  I  bey  were  alien  enemies,  and  the 
i  they  dte  are  true,  as  Calvin's  ease  men^ 


all  their  contracts  and  dealings  \  is  evident,  thai  they  were  here  treated  as  aliea 


pall  absolulely  voitl,  they  could  never  have 

f  property'.     How  could  they  then  be  guilty 

liiiry  ?  How  could  any  man  living  be  ex  tort - 

9|Kia  by  thent,  to  pay  any  money  due  to  them 

contracts,    or    bargains,    unlesi;   these 


amies  :  bow  could  they  else  in  such  multitudes 
live  amongHt  us  ?  How  could  they  be  usar«r« 
nod  get  estates,  if  they  could  not  make  cou« 
tracts  ?  How  is  it  possible  they  could  preserve 
their  bodies  or  estites  against  the  king's  sub- 


were  treated  as  aUen  amies  ?  How  could  i  jects,   unless  they  had  the  king-**  protection 


ibxy  have  the  benefit  of  their  contracts^  as 
*^^  Ucn  aiuies  have?  So  that  1  take  it, 
[  strung  evidence  that  they  were  treated 
aie*  ;  otherwise  it  is  impossible  that 
l»u  say  could  be  true,  that  they  could 
'  ring's  people  by  extortion  and  usunous 
lets;  when,  acconling  to  your  law,  they 
I  not  able  to  make  any  contracts,  or  have 
ty  at  all :  is  it  possible  the  king  coubl 
ly  their  estates  timt  had  noue  ?  And 
I  none,  if  your  doctritie  be  true.  If  any 
o^i^ed  theni  money,  they  could  not  re- 
r  it,  bec^ise  they  cuuld  nut  bring  any  ac* 
and  the  king  could  not  have  it,  because 
'nict  made  with  one  not  capa- 
mtract.  So  that,  my  lonl, 
,  make  use  of,  are^  I  h(»pc,  in- 
tftiid  strong  arguments  a^inst  them, 
—  ^  They  were  taken  notice  of  as  alien 
r  of  making  contmcts,  which  the 
s  were  never  bound  to  perform, 
t  dvey  were  legal,  and  they  obliged  by 
_  em  b V  bw.  As  for  ihei^e  ancient  records  in 
reoecil,  lime  had  bidden  the  knowledge  of 
Utelairs,  and  transactions  of  those  times.  It 
ttibte  to  know  what  the  laws  and 
t  of  those  times  were,  or  rightly  to 
«^ecii  legal  and  violent  acts, 
r  references  from  thence  to  con- 
^  ncnt  now,  is  '  nolum  per  igno- 
iikc  dependencies,  which  unless  latter 
Liujncurred  or  agreed  witli,  are  only 
»rder  ami  cunfusion. 
But  that  which  in  deducible  from 
is  not,  OS  I  coaoeive,  what  has  been  en- 
fctoorwl ; 

ITljfli  they  badmo  property,  because  the 
nct*%  of  those  times  took  Irum  them  their 
iien  they  pleased,  and  ta^ed  tliem  how 
"nil  what  manntr  they  pleased. 

■'  .iij«  the  reason  %*as,  that  these  peo- 

f  It^r  the  curse,  and  bt^ixig  a  vagrant 

J^^iHi,  v^jtliout  head,  prince,  governor  or 
country,  it  was  no  difficidtv  to  tax  or  take  from 
at  pleasure,  being  hated  of  the  people 
L*  they  hved. 
liot,  it  c*udd  not  be  as  they  would  have  it, 
tbw  they  should  In;  ainun^st  us  alien  enemies, 
i«f  in  nlii-n  enemy  irau  neither  make  bargain 
,  nor  l*e  capable  of  property  ;  • 

1  -ubject  may,  at  will  and  pleasure, 

upou  Aud  tike  all  tbat  be  bas  to  bis  own 


and  were  treated  as  alien  amies?  And  ©flatter 
times,  how  many  of  them  have  Hved  amongst 
UK,  driren  great  trades,  have  had,  and  have  at 
this  time,  considerable  estates  ? 

Let  it  now  be  adjudged,  that  any  man  tliat  J 
will,  may  take  away  their  estates :  thai  they 
can  have  no  remedy   or  action  for  their  debts 
owing  to  them,  but  instead  thereof  may   b% 
iMfaten  or  imprisoned  as  enemies  to  the  king^ 

And  we  shall  prohahly  see,  what  the  success  ,i 
of  such  a  Judgment  will  be. 

My  lord,  that  they  are  taken  notice  of  and 
handled  as  other  aliens,  without  any  distinction 
between  alien  enemy  and  alien  infidtl,  I  would 
offer  this  as  an  argument.  The  tptestioo*  I 
confess,  is  new,  ami  so  tliere  is  not  much  that 
I  e^n  find  in  our  hm>ks  about  it ;  but  tlie  Act 
of  Navigation  made  in  the  12th  year  of  this 
king,  a  year  before  this  charter  now  in  judg- 
ment before  you,  concerning  trade,  shews  tljat 
infidels  have  the  same  liberty  of  trade  as  chris- 
tians ;  that  act  being  made  for  increase  of  ship* 
ping  and  navijption  (it  is  ch-  IB)  prohibiting 
gi)ods  to  be  imported  by  any  foreign  ship;,  J 
except  ships  of  that  same  country^  where  tiie 
^oods  do  grow ;  and  distinguishes  not  between 
mfidel  and  christian  countries^  but  expresdy  ] 
says,  *  That  no  currants,  nor  commodities  of  J 

*  tiie  growth,  product  or  manufacture  of  any  of 

*  the  countries,  island.s,  dominions  or  territories 

*  in  the  Ottoman  or  Turkish  Empire :'  and 
does  enact,  *  That  no  goods  shall  be  imported 

*  from   that   country,    but   in    our  ships,    or 

^  ships    of    the  country  of  which  the  guods  , 

*  are;  and  those  ships  to  be  sailed  by  a  master, 

*  and  tbree-fourtlis  of  the  same  country.*  This 
must  be  an  admittance  and  an  allowance,  tluit 
the  masters  and  mariners  of  that  country  have 
the  samefreeilom  and  privilege  of  trade  that 
other  foreign  abeiis  have;  and  shows  plaiidy, 
that  the  infidels  of  the  Turkish  empire  hava 
liberty  of  trzwle  here. 

My  lord,  the  act  for  Tonnage  and  Poundage 
has  general  rates  and  imfH>sitions  set  upon  the 
comtuodities  of  all  infidel  cnun tries,  without 
saying,  brought  in  by,  or  with  any  manner  of 
distinction.  Sn  that  I  thinks  that  this  opinioD  ( 
of  a  difference  between  alirn  inttdcU  and  alien' 
cbri«tfanK,  was  not  taken  notice  Qt\  nor  koown^ 
nor  thought  of,  till  now :  For,  my  lord,  if  it 
h^l,  it  is  unlikely  the  Act  of  Navigatiott 
should  provide  aud  ^ve  aUowAnc^i  foe  tbt 


447 J  STATE  nUALS,  96  CflAttSl  It.  iSU^Tke  GretiCsmMffHUMp^ 


masters  and  mariDers  of  mfldel  comitrMs  to 
come  hither  with  g]Oods,  when  hy  law  ther 
could  DCTer  come  in,  biit  were  enemies,  aniil 
to  be  kuockeil  on  the  head  if  they  did. 

My  lord,  pray  let  tn  consider  of  late  thnea 
what  a  number  of  Jews  ha^e  lived  among  na ; 
should  we  declare  this  for  law  at  tbia 
day,  that  the  people  ought  to  oae  them 
as  alien  enemies,  strip  them,  plonder  them, 
knock  them  on  the  head,  kill  them  and  alay 
them,  what  would  be  tlie  consequence !  WhiA 
work  would  this  make  !  For  if  this  be  true, 
what  they  assert  that  they  ar^  perpetual  ene- 
mies, then  we  ran  hare  no  peace  with  them  ; 
whoever  owes  a  Jew  any  thing  mdy  play  tlie 
Jew  tiitb  him,  never  pay  him  ;  whoe^'er  has  a 
mind  to  any  thing  h^  has,  may  take  it  away 
from  him ;  if  he  has  a  mind  to  beat  him,  and 
knock  him  on  the  head,  he  may,  there  is  no 
protection  for  him,  nor  peace  with  him. 

My  lord,  I  do  believe  that  it  is  true,  that  the 
Jews  being  under  tbe  cui-se,  and  having  been 
a  vagrant  people  for  so  lon>^  a  time,  and  having 
no  prince  to  detend  them,  it  is  probable,  they 
have  been  made  havock  of,  and  uur  kings  and 
princes  have  msidc  bold  to  do  with  them  ac- 
cording to  their  own  pleasures ;  though  what 
is  recorded  of  it,  is  so  long  agfo,  that  it  is  hard 
to  know  the  whole  truth  :  But  I  think  they 
are  no  precedents  to  be  followed  now,  unless 
they  had  been  folh»wed  by  a  succession  of 
practice  and  authority  in  our  books  of  law  : 
tbr  otherwise  many  times  a  man  might  argue 
nfold  books  from  dark  things  to  darker,  as 
long  as  he  will,  and  never  make  any  thing 
<rliar.  In  the  case  of  Southern  and  How,  there 
was  occasion  for  this  to  be  taken  notice  of,  if 
this  opinion  had  been  true  law.  It  is  reported 
in  2  Cro.  to,  469.  A  man  employed  another 
to  sell  jewels  in  Barbary  for  him,  and  the  other 
])crNoii  did  sell  them  as  true  jewels,  when  in- 
deed they  Were  counterfeit,  and  not  above 
100/.  value,  to  the  king  of  Barbary  for  800/. 
and  thereupon  thekin^  finding  himself  cheated, 
imprisonctl  the  plaintiff  that  sold  them  to  him, 
till  he  repayed  him  his  money ;  and  he  brought 
an  action  against  the  person  that  employed  him 
to  sell  them.  It  would  have  been  of  use  in 
this  case,  if  the  contract  and  sale,  and  the  law- 
fulness of  conversing  in  trade  by  Christians 
with  infidels  had  been  questionable,  for  the  de- 
fendant in  that  action  to  have  urged  against  the 
plaintiff.  What  reason  bad  he  to  sue  him  ?  For 
what  had  he  to  do  to  go  amongst  the  king's 
enemies  ?  and  he  ought  not  to  recover  damages 
for  any  such  thing.  1  say  it  woutd  have  been 
of  use^  if  any  such  point  of  law  had  at  that 
time  been  thought  of 

In  that  case,  it  was  of  all  sides  admitted,  and 
not  so  much  as  objected,  that  this  contract  was 
void,  because  the  king  of  Barbary  was  an 
infidel. 

8o  tliat  this  opinion,  that  infidels  are  perpe- 
tual enemies  and  in  perpetual  hostility,  can 
maintain  no  action,  nor  liave  ady  property 
tmongrst  us,  has  no  authority  for  its  foundation, 
extrajudiciil  aayings,  withont 


but  only 


and  H  ft  1 
continual  practices  of  princes  and  p 


t 


Pferinpe  it  i«  no  small  nait  of  re! 
men  shoaM  speak,  atid  deal  plaiid; 
rightly  one  with  another. 

We  know  that 'religion  too  oftei 
made  a  ekiak  and  veil  lor  other  tahi 
poaes.  ItsboiridDotbesOyaiidl  bfl 
be  so  used  in  this  case. 

My  lord,  the  statutes  that  I  hare 
have  made  no  manner  of  distinctic 
infidels  and  christians  in  matter  of  i 
it  is  hardly  to  be  thought,  espedaHy 
of  the  hitter  ones,  but  that  there  was 
infidels  then ;  For  it  is  scaree  to  k 
that  our  princes  abould  go  thither 
swords  in  their  hands,  to  make  war  i 
and  afterwards  to  make  peace  with 
no  notice  be  taken  of  the  law  about 
cerning  infidels. 

The  statutes  I  have  cited  of  Hag 
cap.  9,  e.  3. 25  E.  3. 9  and  11  R.  8. 
and  enact  the  freedom  of  trade,  in  ; 
words,  except  only  such  as  are  i\ 
the  king:  Innoneof  them  is  there  : 
tion  of  trade  with  infidels. 

Can  it  be  iraflginedthat  in  those  d 
no  trade  with  Turkey  or  Barbary'  ? 
went  with  armies  to  the  holy  land,  a 
hath  made  war  and  peace  with  t 
Had  we  no  trade  there  but  with  our 

But  to  look  nearer  home,  Spain  i 

tl  were  infMels,  and  in  the  ha 

[oors,  in  the  year  1494,  which  wi 
Can  it  be  thought  that  in  all  these 
twecn  Magna  Charta,  IT.  3.  and  £. 
no  trade  with  Spain  and  Portugal  f 

Stat.  12  H.  7.  cap.  6.  was  made  i 
1497,  which  was  but  23  years  after 
were  driven  out ;  and  in  that  statute i 
that  the  merchant  adventurers,  d 
divers  parts  of  England,  out  of  L 
shew,  *  That  whereas  they  had  the! 
'  sage,  course  and  recourse,  vritk  tl 

*  wares  and  merchandizes,  in  divers 
'  parts  beyond  the  seas,  as  well  into  i 

*  tugal,  Venkx,  Dantzic,  Lapland, 
'  land,  and  divers  and  many  other  i 

*  countries,  in  league  and  amity 
'  king ;  that  they  were  imposed  i 
'  company  of  merchants  inlLondoa, 

*  to  pay  cTuties.' 

I  only  make  use  of  the  recital,  ti 
free  passage,  here  mentioned  to 
Portugal,  and  to  other  regions  and 
There  is  no  distinction  of  infidel  coo 
Christian  countries,  though  Spain  i 
gal  had  been  so  lately  infidels.  It  k 
bable  the  trade  they  hadthen  was  i 
and  Barbary,  as  well  as  vrith  Vt 
words  ^*  other  regions  and  couniriei 
imply  as  much,  and  the  freedom 
that,  I  think,  as  to  this  objection,  T 
are  p^petual  enemies,  that  we  ct 
peace  with  them,  nor  they  maintain 
or  have  any  property  by  o«r lair; 
t 


STATE TJUALS^  SSClUlti^  IK  lenu-^Thc  £1  /*  Cmpm^ r. Smd^i*  [450 


J  W  mmMbmkmm^  bI  mil. 
H»tfyc>ift»,i»  wyll  tijr  pritiocs  si 


Tlieeon- 


IV  curiflrji  llul  they  h&vc  cited  to  Bur 
tmj  avd  ctfMr  pbciM,  tiHiK*  tif  them  are  Mufi^ 

la^iaflms  and  im^ae 

Hkn  BOlicrof  ibf^'' ''^  ^" '  '  I  ^  '•'[;"':  uid  hi- 

Ml  niwiliw* ;  ftt>   tltftl,  ui>    kird,  tukiri|r  ulf 

^      tylliiT  llie  %ht,  or  at  hmit  ibr  weak  uuUio- 

^^^Hlii  JittMwtitiii  of  infiifi  1  m  CJlinstmo,  in 
^fmUwmd^      r^    :  '  >  dv   Imt  Itttlc  ;  anti  tlje 


■  mm 


nmOi 


mit  tim<»,  wJierdn  if  e 

of 


■.  ...  .i^.:^  ,:j  i....tii.iii]eiitf 
,  secaii  to  be  a  [jracfi**- 
«*uvitiirs.  Umt  arc  pir- 
<  .illiolic  uu- 
r;iiher  tban 
ibiit  they  can  he 
'ti«*n;  einKxkilly 
U  i*utlujcal^S!9  I  naiil, 
vunJ  4ih*s  time  were 
by   imin*'K     aii*l  yet  i  cannot  but 
Ifcrj  must  he  tmdttl  iritJi,  jiBii  uo  iiinit 
wi  tty  Uuiftg  of  die  tiiatiaolimi  btit  uuly 
■A^  dfcwe   occaaigiiftl  mymgn  in  Calvin's 


ilir»v(   tht**r 


LL 


I  1^   MNli. 


■i  (mni  <»f  tnuling  with  or  without 
cii  I  menlkfiMftl  M'grc)  liow  it  Will, 


jtoint  wijj  iK»vc*r  be  Kutfi- 
!  :i.L>  snma  m\c  tni«lt%  or  to 
b  •  iii^wiyfity  it|ion  ;  that  etinnot  wjurant 
t^ mm»Ut\nu\i%  sole  buyint^  antl  soli^ 
r  to  be  ifraiilcti  to  you  anu  your  suooes* 
w  •■»«  lermcitif^  a|i|>ientict^  factors, 
L  m  ymk  nknli  heern^  for  ever  :  There 
I  i^nuuin  perjietoity,  nt^otily  to 
were,  but  to  tbeir  sQia  aod  sue- 
I  ibftrntr  whom  they  vhiiU  Iteenoe  ; 
>  •  f  cry  gre^  pan  ol'  the  world, 
m  sunr  rctaon  all  Tnrky  and  Bar- 
I  MTl  of  iht'  West- Indies,  and 
v&iiLt^  IjemoQopolijced; 

kail  Cbii  uhu^ 

»«f  mvoopr  i  allowance 

» iir  oa^niApoltr  ^1  countries; 

IpiiAall  mUm  buying,  taie  seliiog,  or 
\  af  aar  tbiii|r. 

I  TavCy  uada  was  used  long  before 

aa  bf  c2t«n«r,  giaoted  !id  £uz.    Bo 

ftawbav  fiaile,  a«  by  the  charter 

mk  I  biiafvio  tbe  Eattt-ludies  also, 

■  iBtale  •ToMiQapolica  baiii^  so  ge- 

mymabl y  ooutniable 

J  ontof  Oiaei^Bot  0f  tbat 

k  al  pabmta  thai  inay  be  granted 

I  af  aHHKpotiai,  are  by  tual  eoi* 

"»  ^was  «il  of  tbe  atetnte)  and  de- 

l^  ^a  ■pBfiwmg  an  gr«ai  eirila  aa 

■a,  aM  alwaya  bafe  been  ae* 

•^  Mlbc  BfMeA  ti|>OQ  iBjte' 


ginarv  difTerenre  in  law,  helwixt  itifulel  and 

Imlteic,   )ur    the    Wetti-lodit's,   L  thiuk,  the« 
grpaiirr  inirt  are  Pagans, 

My  lord,  I  liaie  looked  over  the  cases  that  > 
wt^rc  here,  and  the  Dc4)ati'!i  that  huvc   l*een 
printed  in  Sd  and  4th  of  king  Chark^i  t,  AlM>ut 
the  kiug*$  poM  cr  of  iiu{>o&4ng  rute^s  and  iiiiisi*  . 
dies,  and  iinpoJ»iliuus  ujioti   nieri'handizea,  in  < 
Bates's  Caie   in  the  exchi'^ucr,  4  Car   I.    2 
lo&t.  63,  and  Mr.  Ha»liwottb*s  account  of  the 
Debates  in  parU'^uncut  at  that  tiuio  about  that 
tnaittT:  niatiyihti  *  '  Mft|^ 

the  king ^s  powct  isjjf 

oi'tiade,  auU  the  ^^m  A»f  » itar  iL<^n  ^/t,  .ind 
from  tlie^e  reason^i  tht^y  thai  ai ifued  fur  the 
king",  UFj^e  rcasonubl^nf-^s  id  invno»<stiTinH  upon 
niprrhandize.  That  cn%e  arose  from  an  imoo* 
siljon  U|>on  currants,  and  metliinkv  il  tiure  fiud 
been  known  any  %uch  distinction,  aa  thi'y 
would  iiere  in«tn\tatef  it  had  been  of  ^f^at  use 
in  that  oaae  as  w  ell  as  tliis  ;  but  ihioughoui  (he 
ar^imentv  and  rt'a8<.ius  ttiere  ilehaU'tl,  they  did 
never  make  any  lii&tiikction  tfctwctrn  infidel  and 
christiau,  bnt  uatirrc  and  foreign  cotmnoditios  ; 
and  did  endeiiTour  to  have  a  prero^jatiTe  to 
iutpoae  ratfFi  npmi  lit  cm  :  anil  the  re  anon  ti  wera 
tlMMie,  and  all  tUo  iir^rumcnts  rnn  thuji:  The 
king'  can  prohibit  and  rc^tr;iin  any  iDerchanitO 
^ouut  of  ih<'coaniiv  hv  writ,  Ar  /  »  R.yj. 
uuNi ;  the  king;  c^n  proliiliit  uuy  la- 

rmvdities  to  beiinpin'ted  ;  then  n^'L  _,    .ml 

without  licence,  nor  import  without  itc<*nce, 
and  con^nently  it  Ih  a  le^  thing,  wht'n  thia 
licence  is  grant*,^  upon  the  pa^nnent  of  such  a 
duly  or  iuiponition,  or  undor  sttch  a  ralcav  can 
be  agreed  m  l>eiwecu  the  king  and  the  incr- 
chimt;  and  therefore  Kuch  an  impoaitjon  or 
farm  is  lawful. 

These  were  the  arguments  in  thai  caae,  and 
in  thcae  argnnienta  it    i  '    ^    i       '   lint 

in  con«6qnenee  doe^  ini  i  m, 

foi  a  dispensation  withiii.-«  »t>i.  <«,*... 

For  if  liccM3ces  ito  i  Lvpiisiie,  it  is  worth  con* 
sideration,  w  hcthcr  that  will  not  intrudui^e  tba 
inipoyrng  of  ratt^  wiihout  parliament,  or  other- 
wjse  tlian  in  a  f^artiam^^ntary  way.  This,  t 
tay,  is  worthy  eonaidermtion.  Muppoae  it  tract 
there  have  n^fcn  licences  to  go  into  iulidel 
countries  to  trade ;  so  there  have  been  to  gn 
beyonit  the  seas,  and  Itavebeen  to  other  traoe 
beaides  thia :  ytft  at  does  not  follow  as  a  trua 
consequence,  that  tt  ta  unlawful  to  i^o  or 
trade  without  liceiuxm  ;  mucsh  lass  doea  it  ltd" 
tow  from  tbcnce^  thut  such  a  patent  as  tliia  tn 
any  one  or  few  subjects,  or  to  such  a  c<»rpn- 
t«lion,  tn  bare  the  whole  and  »iok!  tr»dr  tuUt 
any  plaee,  and  power  of  hcensiag  otbe(»i  am 
be  warraiilaibyit. 

I  do  not  fOMkni  bat  the  kiag  may  r^atraui 
the  paaaagn  oToict^hsnU  and  merchandise  in 
some  caacB*  and  to  embargo  ships  in 


Ent  tiieae  are  tipon  special 
L  In  the  irate  ol' war 


ibl]  STATE  TRIALS.  S6Charlbs1L  iSM^The  Ortai  Coie  tf  Mm^pOkB:  [tSff 


8.  Fn  die  case  of  such  merchandizes  as  are 
n^oestery  for  the  defence  or  safety  of  the  )ang- 
dem,  to'  teMrain  their  exportation. 

3.  lb  case  of  a  plague  from  particular  places 
to  imfiort. 

But  then  these  prohihitioot  ire  f^^eneral,  and 
their  particular  reastms  and  grounds  aie  ap- 
parent. 

But  if  nrtder  any  pretence  any  sole  trade  to 
sotne  one  person,  hody  |)olitic  or  natural,  be 
granted,  excludinpr  atl  others ;  that  grant,  I 
conceive,  is  in  d^eit  6f  the  king,  aud  to  the 
prgudice  of  his  snhjecfs,  and  roid. 

Never  has  such  a  grant  hitherto  had  any 
judicial  allowance ;  nay,  so  for  from  that,  that 
as  far  as  I  could  observe,  no  opinion  has  lieen 
till  tvltliin  four  or  five  years,  Uiat  such  ^nts 
\ftt\-e  giK)d  to  exclude  others,  nor  aiiy  action  or 
suit  ever  adventure  before  now,  to  be  brought 
upon  any  such  gronud. 

80  that,  my  lord,  as  to  this  great  point,  both 
the  old  common  law,  uiid  the  old  statute  law 
and  the  statute  of  niono])uIic8,  with  submission 
are  a^inst  this  grant  of  the  sole  trade ;  and 
the  distinction  between  infidel  countries  and 
ciiristian,  is  so  thio,  and  upon  so  weak  a  bot- 
tom, that  I  hope  it  will  never  be  strong  enough 
to  hetac  the  weight  of  so  great  a  consequence  as 
this  is.  Forthoufifhat  present  infidels  be  dis- 
tinguished from  christians ;  ^et  from  their  ar- 
guments anil  kind  of  reasoning  about  restraint 
of  going  beyond  sea  and  trading,  Spaiu  and 
Portugal  may  be  brought  in,  and  France,  too ; 
and  so  the  argument  will  run  from  infidel  to 
christian  at  length,  and  I  know  not  whei-e  it  will 
stop. 

So  I  humbly  leave  that  point  to  your  lord- 
jilup's  judgment,  whether  such  a  grant  of  a 
so\e  trade  appears  to  be  such  a  grant,  as  is 
good  arcorcnng  to  law;  and  whelber  or  no 
notwithstanding  what  they  have  said,  it  does 
not  appear  by  the  old  common  law,  and  the 
old  statute  law,  and  by  all  our  late  acts  of  par- 
liament, to  be  in  law  a  void  grant  ? 

Tlie  next  thing,  my  If^nl,  I  come  nnto,  is 
the  scccmtl  point,  which  I  shall  be  but  short  in : 
about  the  first,  I  have  taken  up  ihostofyour 
time,  and  I  beg  your  lordship's  pardon  for  it ; 
because,  if  I  mist-ike  not,  it  is  a  most  weighty 
point  in  the  consiijiicncG  of  it  Kut  then  Mip*- 
jposingond  admit  ling  their  urant  tt>  lie  n  good 
grant,  whnhoror  no,  cau\ou  mauitnin'this 
action  ?  If  the  bw  should  6e  so,  that  the  de- 
fendant ought  r.dt  to  have  traded  there  without 
licence,  tliini  he  inny  Iw  punishabh*  at  theking> 
8uit,bv  fitie  an.I  iinprisimmcnt ;  but  that  you 
Sho;i!d  miiintnn  ^n  action  :i^^.:nst  him,  \vhat 
cause  of  acti«»n,  w!):.i  dutiiage  or  loss  to  you, 
have  you  laid  in  y(»!ir  dcrlaration  ?  You  say 
hi  your  decliiratiou,  that  the  defendant  Sbndys, 
notbfinga  ir.nnJjorof  your  company,  nor  a 
Son,  factor  or  scr\*aiit,  nor  assign  of  yotir  oim- 
|mny,  trailed  into  the  East-TntSfS  in  "the  places 
within  the  limits  of  yomr  charter ;  and  has  there 
bought  wari's,  and  bargained  and  sold  mer- 
rhandlces,  and  imported  and  sold  thcih  in 
EnglaDd,  a^insl  tlic  will  of  the  Company,  ted 


to  their  prejudice  and  impovcriibmeiit,  1  „ 
the  form  of  thek  charter,  and  to  the  Company '• 
damage  1000/. 

Fust,  You  have  not  alledged  in  all  joar 
declaratwn,  whether  er  no  be  bad  a  hi^nea 
from  the  kmg,  and  that  is  nought :  for  i  think 
though  the  king  is  pleased  to  say  in  hia  letters 
potent,  he  will  not  grant  licences  without  Ittnm 
of  tlie  Company,  yet  he  may  do  §•,  if  1m  pletfa, 
notwithstanding  f  iiat  grant. 

Secondly,  Then  yon  have  not  shewn  uy 
loss  or  damage  you  have  had  by  hia  trading 
thither:  did  Ik:  bny  so  much  of  the  merchan- 
dize of  the  countrjr,  as  not  to  leave  tbere  snfi- 
cient  for  you  to  furnish  your  ships  wiilial,  aa 
that  they  came  home  empty  ?  No  inch  tMng 
is  alledged.  J  >id  he  hence  export  to  sell  there 
so  nnich  merchandize,  as  not  sufficient  left 
for  you  here  to  bny  P  Or,  did  he  bring  home 
here  to  much,  as  that  there  were  not ^OYeia 
sufficient  for  his  goods  and  yours  also  ?  There 
are  no  such  things  alledged ;  or  iathe  truth  sa, 
as  tliat  hereby  ;^oar  imposing  yonr  pricei  npan 
your  commodities,  selling  at  ymir  own  pricMi 
and  exacting  what  you  mugbt  fit,  waabin-. 
dered ;  and  for  this  you  wouU 
action. 

I  think  it  will  be  the  first  Ikne,  that 
man  recovered  damages  for 
from  iroposiog  and  exacting  his  own  prices,  or 
having  the  advantage  of  his  monopoly^  or  for 
anotlier's  having  an  earlier  or  a  quicker  tnday 
and  under -sellmg  his  own  coroaaadiliea  and 
merchandizes  lower  than  the  plaiwtifc  aaa 
afford  them. 

You  agree  by  your  owa  iaetiratien  that 
there  are  many  others  that  are  ooaeefnedas 
well  as  you :  you  say,  you  have  the  aolo  ftadt 
to  yourselves ;  your  factors,  your  aai>anii  and 
your  sons,  as  soon  as  they  come  tvtareuty- 
one ;  all  that  are  of  vonr  Coro|nuiy,  oUlhBt  you 
gnint  licences  to,  all  that  yuu  ahatl  areigtt  your 
trade  to ;  all  th<»e  have  an  interest,  if  yon  ean 
maintain  an  action.  Other  people  have  tmda 
thrre  as  well  as  you,  can  they  maintain  an  ae- 
tion. 

A  comiiYoner  may  bring  an  action  npm 
the  caw  against  a  stranger,  tor  putting  hia  aallk 
into  tlie  eoinmon,  provided  that  thecomsMM 
thereby  be  impairra,  and  the  oomrnoncr  bare 
nor  sufficient  common  as  befbre,  and  haw  0 
dauiage,  otherwise  he  can  maintain  no  nelMi. 

In  itobert  Alary 's  case,  9  Co.  IIS.  h ia  Ihm 
resolved,  That  for  every  feedmg  Of  the  ~ 
of  a  stranger  in  a  common,  the 
not  have  an  assize  or  action  upon  the 
an  artion  does  lie,  if  the  feeding  be 
the  commoner  cannot  have  common  pattarelbr 
his  own  beasts ;  and  then  it  is  the  conheqtirefe 
the  loss  of  his  common,  that  giv^  hitncnuitw 
aeliou. 

It  is  not  alledged  m  the  declaiaftkm,  Ml 
yotir  trtide  was  any  thing  the  Worae.  'Ifa 
ilaroagR  appears  to  you  by  it :  what  tpeM<» 
thkt  you  should  recover  damagea,  wfteiv  Jtk 
l.avc'uot  sustained  any  loss  P  uidyoa-hsvfrd^ 
itdj;^liOB6byottr^MnratiOB|  hffmtmfm 


\]  STATE  TRIALSp  aCGitAatu  tl.  JfiS4.<-*7l£  E.  L  Ompint^  t.  Samf^i.  [4$4 

i  h^  §9qA  f  ^  il  tiiaB  canlMtis  no  cauve    Aicts ;  90  thai  this  ti(  ti«n  <^iitiol»  «$  I  ciuim^t 


Y«u  slMMild  WMir,  If  you  wotild  bftre  in^tie  a 
teiinlMifi^  liiti  ilMiuW  biTc  luttttMt  you  to  a 
f^am  «iCMioo«  kai»«  sImwu  bow  )o«i  ettilfcrod 
ly  Sbo^I^  «  ^irQf»ir«r  IruliTtLT   to  ilu'  East- 

J  ootiKI 

•M  biatt  Ufti '  ;  0  you 

%i0Hi  my  lii»^  ^»J  u  aie  ill 

yiur  40Bljii«l4(iti :  k^jw  1  1  ] ,  that 
iIkvv  no  csa«e  «<i  firiiOH 

(n  tbe  cxsr  of  Moei  i8.  b. 

■ftUiAbr.  Ulpfljrt.  !^  oiut  iu 

dacstebalitll  :i>  :  that 

_  ikr  n«tf  i'  '"le 

and  MMiioi;  '] 
liOwcy  fwr  l2)^-;j 
B  1^  emm^  ihoo^b  tii 

it  wi»  s  iiiioCi)Wily,  mal  ti£a4!iit  voi<J :  that  ii  ilia 
mmm^  hmd  barn  fs^tM.  yrf  do  action  would 
btefauoa^i'  iuponit* 

My  lunl,  I)  Ls  duebreil  to  be 

M  IliiftI  CMPe,  Hi   lilt-  la>i  point  rL*!>olirc>i)  by  the 

UT  tiiai  EU:tiiin  wouM  fioi  lie  lh<?rei  this 

ani  be  ;  mpposbg^  his  ch^rtiu'  to  b«  ne^er 

uftN4»«iid   lb«  4diettflatit  has  (iDue  comrdj-y 

liA. 

My  brd,  tliisrs  U  ojsly  od«  otLer  n  t^n  (ov 
•lis  llNt  actiou  ^viii   u*,»    h»>      r.n,i   t)|,jt  j^ 
ll|>aii  tlR'  <y  nni 

i  yo4j,     I  I  )f,  it  is 

Intety ,  but  .mj^  iinHh  grat\Uii\,  that  \on 
I  Mlbtvc  till' stik  tni  Je ;  and  that  no  oiltn 
■  IHiSiinM  Imi*  tli«r«t,  under  (lahi  o(  forfcUiQ^ 
H  ^ii^  IT^*^  f  <'"^'  b'^^f  ^^  (1^^*  kiri^-f  iuuilhcr 
^■*lMtti  llie  c-ompaiiy.     ^  ty  Javd,  the 

^■'•ordtn/  rrslmuit    :uv   i'  %   but  aoly 

I         Umm^  my  kii  tltis  patoiit 

F      H  bi»»  aii  Mttt iuTLv  a iin  •  1  hit  tUey  can 

irtitf'  poitanuwl,  penmii ^  ...auner^  tliut 

M  9mitwm  ttU  pervucis  Jroni  trading  to  the 
£li$^lWi«^.  i  ^Lt*,  i,t  iht  Company  J  t>r»ilti^  f^'in 

{[■•tlvis.  umgiiufihi  1, 

■10  taJE«  t4  in  tliai  niuiiier  as  tbe  aei  does 
Ml  bive  any  atber  [letialty 
but  irhat  the  luit  ^ives.     For 
Hw  t%  m;id«?,   you  must  tnke  it 
o  "  lor  new  law 

Au  Co.  37,  11. 

16f  aiiil  ^#f  I'louu  1. 0111.  yuo.  it  oatiuat  be 
abrrad  witb^iH  a  disw  hw. 

Aad  1  itmM  bot  only  auppoie  u}iou  the  sta- 

Hm  jif  R4iir.  d,  Umi  grivc*  the  ov^net^  ot  tubes 

lnbl#  ^aatgia  a||mMt  bim  that  sets  them  not 

l«tk  1  a  ngsA  bfing'i  an  action  ti(iita  the  c3itt«^ 

^^MM  llial  be  arnli  f  ISio,  h«?  tuust  talu:  the  Uvy 

^^^Bbfi  mfib  am  aiCtio«i  iieter  waa  borou|rht,  nor 

^^Bk|r^  ^lOmhi  b^  OMsotHiiKMl  s  yet  b^re  the 

^    '^BUlii  aiv  fpi'stt  to  Iba  pai  ty . 

IW  bba  oJ  all  a«li«r  (leual  itutuuai,  a  inau 
Iba  fMualty  ib«  ttiisiiti^  ia- 


not  the  sole  : 


>ou 


besides  yoiij 
vuntii,  aud  soni»  are  to 
not  luid  auy  piuticuhn 
cannoti  by  the  reason  ' 
maliitiiin  a,ny  »tieh  aen 

And  iryou  will  take  ;ulv.iul;ige  of  tbii»  gr^Xii^ 
it  is  reasonable  vom  sboubl  take  it  as  tlio  i^rant 
Iftves  it,  proceed  lor  the  toHeitme  of  aUiy  and 
goods  $  but  tor  tl»e  action  of  the  caso,  yotir 
charier  does  not  give  it ;  nor,  ii'an  act  of  par- 
Itmijent  bad  been  pcnofd  at'ter  this  maimer^ 
would  iiiich  atj  aclioti  have  Jaiu. 

80  that  to  coi^kciudei 

V\\^t,  That  thai  which  thb  Coropauy  elaimti 
case  by  this  patent,  lo  have  the  mle 
'  ttie  East- ladies  iu  Uielr  [K)hiic  capa- 
e,  iug'  others,  is  a  Mouopoly*  and  m- 

|q»  -cua(»t  the  coromon   tnw,  awi  the 

aiiiieiit  ifeUitutes,  aod  theStattite  of  {Vlonopolies, 
ii  JojOoU,  and  there  tore  they  have  no  right  to 
ha^e  whul  ^)  1 

1  tlu'  defend ai>t  ba^  diii|e 
MluUy  dune,  ajid  iberelbre 


hiL'condly , 
in  thiiLa  ^  .   I     ,  ! 

jlOt  to  Ij-'    j/»M.I-U'_' 

Thiidl^>,  ih^i 
lawful  chiiiu  to  t 
iij  ihcir  diHilaraD^ 


ujfler,  aa 
^. .  ,. .,,,  .....:  ,..^  iklead- 
aut  done  vvhat  he  ou|^bt  iiul»  yet  Lhey  canHot 
niaintaiu  this  action. 

And  upon  tlie  whole  matter,  wbeitier  brs^t 
for  the  CunipaDy  to  liAvejud^ient  Iim'  liieni 
or  a^^in»it  them,  may  ilexerve  tbeir  Uiou^bta* 

Jiut  U)i«i  being  so  gi'eiit  in  the  co&at^fpieuoe, 
as  the  whole  tt  tide  of  the  kingdom  UejienUiiig' 
upon  if)  1  ha%c  laboured  Uie  more, 

Theantient  lawit^  the  autieut  vvaya*  in  uhul  I 
endeavour^  and  ai^iuKt  new  \sayb  upou  or^y 
pi   *  ^  it!soever. 

ire,  aiy  lord,  1  hutubty  br|f  yottr 
juu-.M. ....  iMi  the  iklendaiit. 

Lord  Chief  Jutt ice.  Do  yoit  intend  to  have 

another  Arg^nnient  in  it,  geutleuien  ? 

&iiicu^  GtncruL  U  bat  your  Ititrdabip 
plcaaet* 

I^rd  Chi^'  JuMtkc.  It  19  a  case  i#f  great 
wet4ht  and  consequence,  perbaps,  as  awer  any 
case^  that  liaa  coiue  iiuo  Weatmionter-HaU.  I 
must  n3e<l3  say,  it  l^s  been  extraordinary  wdL 
argutd  on  bcHh  sides  -,  'nJ  it  must  Lie  1 
sardy  tuken  notice  of  an  a  point  of  g^reatca 
liueuic,  w herd  11  the  kiog^a  pi-erogative, 
the  privilegt,^  of  the  East- 1  tidia  Coinpjmy ^  1 
this  j4.>uii' trade,  are  concerned  00  the  out  a  * 
aud  tlie  b«iuriit  of  particular  persons,  and 
hberty  ot  tree,   uncontrou table  tradtttg  ia  ooa* 

Ctrjrueil  OU  tlie  oltirr:  :ind  it  l!i  ttt  thure  hhiiuld 
be  ali  the  eoi  ,  and  all  Uj  >an 

uponau^atie,  rc«l  mouK'i;  ,  ^vi* 

biy  can  be.  \  mauuk  be  ho  wimderliilly  oafi* 
ti7at«a  nith  the  dLllcreni;«»,  that  hare  beaa 
iiia4a  betwcaa  tba  cbact«r  to  tb«  £aia*ioiia 


455]  STATE  TRIALS^  36  Charles  IL  l684.— IXeGrMlCm^JllbMjiiifef:  [450 


'  Compmny,  and  those  to  the  Tarkv  Company 
and  tne  others;  and  though  I  have  heard  mucn 
in  the  defence  of  Charters  and  Corporations,  I 
am  of  opinion  there  is  no  such  great  matter  of 
commendation  due  to  them :  but  I  take  the 
Common  lair  to  be  the  best  law  in  the  world. 
For  that  Charter,  that  you  Mr.  Pollezfen  de- 
ftnded  here  so  strongly  afler  judgment  ^?eu 
against  it ;  the  corporation  became  as  invisible 
within  a  few  days,  as  you  say  Ibis  was,  no 
duns  could  sco  it ;  though  there  were  duns 
that  went  to  wait  upon  that  corporation,  but 
came  away  as  empty  as  they  went :  and  I  wish 
the  duns  were  like  to  be  as  well  satisfied  from 
the  one,  as  thev  are  from  the  other ;  and  there- 
fore there  can  be  no  great  matter  in  that.  But 
there  is  another  tiling  that  very  much  deserves 
consideration,  it  is  a  question  wherein  trade  is 
mightily  concerned :  we  know  we  liavo  a  po- 
tent neighbour,  who  has  both  experience  and 
industry,  and  are  our  rival  in  this  trade ;  I 
wish  we  had  as  much  industry,  and  were  as 
diligent  as  they;  they  have  found  by  long 
experience,  that  a  Joint-stock  is  the  only  way 
to  carry  on  their  trade,!  mean  Holland.  And 
it  is  rery  well  known,  if  it  had  not  been  for  a 
joint-stock,  the  trade  had  never  been  so  l>ene- 
ficial  as  it  is.  And  Mr.  Sandys  wouki  not 
have  had  such  a  desire  to  the  trade,  for  it 
would  not  have  been  so  well  settled  and  fixed ; 
and  therefore,  I  take  it  to  be  a  wondertiil  thing, 
and  to  carry  a  great  consequence  in  it  upon 
that  account,  that  we  should  consider  how  this 
trade  comes  to  be  so  great,  and  so  desirable. 
Now  that  by  the  joint- stock,  and  industry,  and 
expencif  of  the  Company,  tlie  thing  is  become 
facile  and  valuable ;  for  pailicular  persons  to 
come  and  sweep  away  the  advantage  of  ir,  that 
ought  to  be  well  considered.  Mr.  Sandys  and 
his  partnci*s  arf"  very  zt'Rious  now  tv)  reap  the 
fruits  of  the  (.'ompany's  labours.     But  sui»p  se 


consequeooes  are  not  one  way  or  other  to  ov«r- 
rule  it.  The  main  point  triilv  is  a  point  of 
great  constderation  and  weight;  per  naps  as 
considerable  as  ever  any  that  oaa  come  in  de-* 
bate  here ;  and  therefore  it  is  fit,  that  all  due 
deliberation  be  ttkm  to  have  it  debated. 

Mr.  Just  WUkins.  Mr.  Pdkitfen,  you  seem 
to  argue  that  the  king's  grant  to  than  isa  void 
grant,  and  against  common  law,  aa  being  a 
monopoly  in  granting  them  the  sole  trade; 
then  that  does  not  come  to  the  point  in  Michd- 
boume's  case,  about  trading  without  Jicence 
with  infidels ;  and  therefore  you  go  upoa  an- 
other ground,  thui  what  Mr.  Solicitor  did. 

Mr;  PoUerfenfl  go  upon  the  particular  ease 
here  before  you. 

Mr.  Just  Wilhins,'  And  yon  have  not  given 
any  answer  to  the  Petition  of  the  Commoos, 
cited  by  Mr.  Solicitor. 

Mr.  Follexfeiu  Truly,  Sir,  I  think,  it  does 
not  need  any  answer ;  for  I  go  chiefly  aniMt 
this  grant,  which  is  against  law,  and  void. 

Lord'Chief-JuUke,  Truly,  Mr.  PtoUexftn,! 
am  not  much  in  love  neither  with  your  othv 
point  about  the  action ;  for  what  became,  pray, 
of  all  the  actions  tiiat  have  been  brought  upon 
that  statute  of  monopolies,  by  the  patentees  af 
new  inventions,  as  there  has  been  muhitadw 
in  my  lord  Hale's  time,  and  at  all  times  ?. 

Mr.  Pollejefen.  In  that  case,  there's  nobo4f 
but  the  particular  grantee,  that  has  that  inven- 
tion; and  he  brings  the  action,  liut  iiere,  af 
your  own  shewing,  you  have  intitlcd  othcn  to 
the  trade,  as  the  sen  ants,  and  t.^etoray  and 
children ;  and  tberetoru  you  can  never  have 
such  an  action. 

X.  C.  J.  ^\  hen  ^viil  you  have  it  aigufld 
again  ^ 

Mr.  Pollcxfat.  ^\c  shall  he  ready  for  the 
defendant  next  term. 

L.  C.  J.  That  is  a  little  too  roon,  thcreiafant 
a  very  slioit  vacation,  ami  that  is  but  a  diort 


this  question  should  be  asked,  Will  you  l>c  eou 

tent^  to  come  in  and  pay  yi>ur  proportion  r>f  j  term  ;  1  think  you  had  best  have 
all  the  charge  these  people  have  been  at,  to  put  g'umcnt  in  Michaelmas-teiin, 
the  trade  into  this  capacity  it  is  in  ?  But  is  it  | 
fair,  afler  they  have  reduced  it  into  so  ijood  a 
condition,  at  'a  vast  expense  and  trouble,  for 
othcr  particular  persons  to  come  and  suy.  Let 
us  have  the  benefit  of  it,  that  have  had  nothinic 
of  the  burthen  and  eharcre?  And  then  there  is 
another  consequence  of  ^reat  concern  ;  peace 
and  war,  no  one  doubts,  arc  actually  in  the 
power  of  tliat  prince  and  people  with  whom  the 
trade  is.  I  would  desire  to  know,  supposing,'' 
an  injury  should  }k>  <!cMnmitte(l  by  any  parti- 
cular person  to  the  intidels,  and  the  '^hip  get 
away;  will  not  all  the  rest  of  theCJompany's 
stock,  being  of  the  same  nation,  be  in  danger 
of  suffering  by  itP  Certuinly  it  would;  and 
therefore  since  they  are  likely  to  answer  for  the 
wrong,  is  it  not  fit  they  shd'nld  have  the  ma- 
nagement of  it  ?  So  wc  may,  if  wc  come  to  ar  - 
f^  by  consequences,  easily  find  out  a  great 
many  inconveniendes  on  both  sides ;  but  they 
are  not  to  over -rule  the  law  oneway  or  the 
other ;  they  are  specious  pretences  by  way  of 
Arguntot,  but  the  law  is  a  certain  rule,  and 


iS»/.  Otn.    Yes,  if  your  lordship  p]( 

.'Mr.  PoHcrfen.  What  your  lordship 
ue  shall  be  ready,  if  your  lordship 
hear  us  next  to.-m. 

L.  C.  J.  I  know  Air.  Sandys  is  in  very  greit 
haslc ;  hut  the  zeal  anri  transport  of  any  parli- 
eular  person  must  not  think  to  oblige  us  to  go 
hand  over  head  in  a  case  of  this  great  weiglt 
and  moment ;  there  is  great  coiisideratien  te 
\u:  hatl  of  the  length  of* time  that  this  Company 
has  coniinuf  d  ;  there  ha.^  been  an  East-India 
Com|iauy  in  kini>^  James^time,  in  the  late  king's 
time,  and  in  tins  kint;*s  time. 

Just.  Uoilozcay.  And  here  is  a  great  trade 
bctthtd,  wc  must  not  destroy  it  presently. 

L  C.J.  We  must  not  gratify  the  anl  and 
transport  of  Mr.  Sandys,  by  being  over-haily 
in  this  matter. 

Mr.  Poliexfen.  My  lord,  we  shall  be  wcB 
content  to  stay  till  Michaelmas  Term. 

L.  C.  J.  Ay,  I  know  the  counsel  will ;  M 
whether  your  client  will  or  no,  I  cannot  wd 
tell,  nor  do  not  much  care.    Wdl,  mwil 


MR.  ATTORNEY  GENERAL, 

StR  Ro£UlT  SaWYEJL) 

[!?    ARGUMENT* 

s  Got  em  or  and  Comi 

ti^.    Thomas  H&nitys,  UefenttauL 

!  i&imnQ  S,  M*cfiaelUi  Anno  Rcgai  Regit* 
w^  Lav.  2.  xxjti.  a.  d.  1684, 

tomy  : 


tSI]  STATE  TRIALS,  56  CmaklesIL  i6U-— The  E.  I  Cmpan^  v.  Sandtfi.  [458 

cnaidcf  oT  it»  mm)  bear  anotber  argutiient  iu    culn,  as  I  hope  to  shew ;  1  iliall,  m  exatnin-) 
Ifidiaeitiias-Tertfi.  ing  Into  tbe  point,  use  Uie  utmost  eatition,  bjf ' 

averting  the  kio^'s  juit  prero^ritive  in  thi« 
matttr,  ami  not  to  depresa  the  subjects  tra#<^ 
lilwity  of  trade. 

The  subject  matter  cif  t\m  question,  onlj  re- 
lating to  a  toreign  trade  with  Itifidels,   not  ii]  j 
amity  with  the  kiug  of  England,  <loth  not  oe-  ! 
npuTJv  of  illerchants  of  j  i'*?ssarily  oblige  me  to  enter  into  the  consideni*-! 
the  finsl-indies,  Plain-    *«>"  of 'any  other  trade,  or  of  the  king's  prc«  I 
■    "  rogutive,    or  the  stibjects  liberty  in  relatiofi  f 

thereto. 

Wbicii  would  much  shorten  my  task  in  siin*  j 
porting'  thi^e  k-tRi-s  patent,  and  tb«;  trouble  tn#  j 
court  18  like  to  receive  thereby. 

But  becaiiflc  the  gr*?at  torce  of  the  ar^ru. 

ments,  made  use  ot  on  the  other  mde  af^amst 

these  letters  patent,  haTe  been  drawn  from 

principles  and  preceffertts?  of  law,  which  coft- 

bcforethe  court  upon  the  PUintifls'    cent  iks  wdl  the  itdaod  trade  and  IraHic  of  this 

kin^ilom,  as  with  oiher  Christian  nations  in 


n|>on  the  cii^Je  bi'ouijhi  by  the 
.1  tlic  Uelf ndaut,  fir  tradioQf 
SI   i  1  lilies  cone rary  to  their  tjram, 
of  ihejt  trade)  aoil  to  their  damage 


Utmt  10  the  detiendant's  plea  of  the  Statute 

Hie  nsoord  having  been  bo  oflen  opened  at 
drgi:,  I  oliaU  only  put  it  as  a  case  upan  the 
Neord* 

^  The  kinp  by  his  letters  patent,  3tio  Aprili^:, 
IS  Car,  ?,  rec^tin^  that  the  Company  had  long 
leompany,  and  enjoyed  divers  liberties 
Cfilc$r^  under  tlie  charters  of  queen  Eh  - 
I  ami  king  James,  gra^its  the  Compntiy 
t^mlm  trade  and  traffic  to  the  Ea^t- Indies 
heior  an  Infidel  cooutry  ;  with  a  pFohdiitton 
to  all  others  of  his  syli)tct5  to  trade  thither, 
tithoot  the  leave  and  Ucenoe  of  the  Company. 
The  Defendant  not  quali6ed  as  the  charter 
^4irecta,  without  the  leave  ot  the  Company,  and 
t  their  wills,  trades  to  the  Ea&t-fndtes, 
» the  prejudice  and  damage  of  the  Company  ^s 

I  this  case,  the  points  which  tiave  beet] 
land  argued,  are  two. 
f baihrr  the  letters  patent  i^vto^  licence 
"  oy  to  trade  into  the  Ea«t-liidies, 

\  the  sole  frsde  there,  with  pro- 
other  subjects  tu  n^e  there,  be 
^lawf 

I  ^f.  lu^r  tdintttinf^  the  patcnit  good^  this 
i  the  Coinjiany  ?' 
'[  the  1ii%t  ^K)iut,  t  si  tall  not  go 
L  to  mairiiam  the  vahdity  of  these  letters 
|iARit|  or  any  such  of  like  nature,  to  bind  up 
^  kmg  fttim  gmnttng  licence  to  other  of  his 
^Ukjceti  as  he  shall  pleaae ;  but  shall  content 
^ttymWy  to  shew  thai  all  the  subjects  not  Ii- 
by  tlie  kJJig,  nor  authorized  by  the 
n patty  (as  the  defendant  is  not)  are  bound 

►  letters  patent. 
r'here  the  question  will  be  between  the 
prpro|^atJVe  (and  that  in  one  of  tlie 
I  points  thereof,  which  conceras  the  de- 
1  pral«etioa  of  his  kingdom )»  and  tlie 
oiirse  with  forei|;Ti  nationt^,  on  the  one 
i ;  and  th«  gfeneral  liberty  of  trade,  which 
%s  a  tender  point,  and  merely  concerns  the  iu- 
^^erest  of  his  subjects,  on  the  other  side. 

It  therefore  being  a  question  of  great  cotise* 
^[o«D«c,  and  of  greater  consfquenoe  than  difh- 


amity  with  the  king  of  England,  with  whotQ  ' 
leagues  of  commerce  have  been  made  by  our  j 
kings ;  or  to  whom  a  comur¥>n  trade  hath  been  ] 
laid  open  by  several  particular  laws  : 

It  is  made  necessary  fur  me,  from  tlie  other  j 
side,  a  little  to  consider  these  trades,  aud  hoir  ] 
far  the  subjects  liberty  or  the  king's  pierogv* ' 
tive  he  concerned  io  them.  ' 

Whereby  it  will  appear,  tliat  the  argrutnents] 
and  authoVities  produce^l  by  the  deieudant'sj 
counsel,  will  lie  of  no  great  turce  to  imjteacti  | 
these  letters  patent  for  the  mauagemcut  of  m 
foreign  trade  with  Infidels.  I 

I  shall  theretorc  briefly  consider'  tlie  inlandl 
or  native  trade  within  the  kingdom,  and  1 
the  foreign  trade  with  other  nations. 

The  inland  trade  is  either  tor  nianufactiireg  ] 
or  merchandize 

Under  the  trade  of  manulactures  falls  in  lli^l 
husbandman,  and  all  sorts  ot'  artificers;  whe] 
have  full  right  by  tlie  common  law,  to  eYercwie-| 
what,  and  as  many  trades  as  they  olease;  sof} 
as  no  annoyauce-liappen  lo  the  iieighooiirhood; 
and  with  theite  the  king's  prerogative  is  liltle  | 
concern t^d,  it  cannot  restrain  them,  it  bein^^ 
their  livelihood. 

Nor  is  the  public  weal  otherwise  conceme 
llierein,  than  that  all  its  n^embers  should  live! 
by  tiietr  honest  labour  and  industry.    As  to  thel 
Imde  of  merchandise^   or  inland  commerce 
every  man  (t^enerally  speaking)  might  buy  i 
any  man,  w nether  native  or  toreign>  an^ 
many  kinds  or  sorts  of  merchandize   as  he 
pleaseth,  which  I  take  to  have  Wen  the  com*' 
tnon  law  before  3r  Ed,  3,  cap.  5,  wliereby  tM 
trading  merchants  were  restrained  to  one  soitl 
of  merchandize. 

But  that  act  continued  not  long,  being 
pealed  38  Ed.  3,  cap.  2, 

Vet  this  trade  of  inland  merchandize  1aj4 
under  several  restrictions  at  common  law.    £; 
NotwiUiitanding  &uch  general  hberty  of  buy* 
ing  and  selling*  uo  man  could  in  gross  any  on 
eommodity.      3.    The  ancient  eomtnoo    la 
confined  this  sort  of  trade  to  oertttn  places, 
towns,  cities,  or  other  pubUe-  plaoas  appoiuted 


159]  STATE  TBIALS,  StfCHAUBiII.  l6S4.^Tk6Gftaia^§fMmi0p$lieM. 

hy  the  king,  Co.  3  Inst  A>.  196,  in  the  Chap. 
ForesttUing. 

It  was  punishable  to  buy  above  the  value  of 
twenty- pence  dsewherr,  or  to  anticipate  mer- 
chandizes before  they  arrived  at  these  places. 

d.  No  assembiies  coidd  be  held  for  the 
traffic  of  buying  or  selling,  vrithout  the  kind's 
licence;  for  though  some  markets  and  fairs 
are  held  by  prescritition>  (the  original  grants 
«ot  appearmg)  yet  these  were  derived  from  the 
crown,  by  some  royal  licence  before  time  of 
memory:  they  all  de^iend  uoon  the  same 
crown,  and  may  be  forfeited  to  the  crown. 
^  This  is  so  fia^neut  in  our  books,  I  need  not 
cite  the  authoriues. 

And  here  the  prerogative  of  the  crown  had 
a  great  stroke. 

The  inland  traders,  in  bnymg  and  selling, 
Bttght  buy  and  sell  in  iirivate  places,  and  could 
not  be  restrained:  but  they  could  not  hold 
assemblies  for  trade  without  the  king's  leave 
and  licence ;  marts,  fairs  and  markets,  in  their 
true  notion,  being  no  other  than  ro^ral  lioeuces 
to  assemble  for  trade  and  traffic. 

And  these,  when  granted,  cannot  be  resumed 
withont  cause  of  forfeiture:  for  I  do  admit, 
that  a  licence  to  trade  or  traffic  carries  an  in- 
toicst  with  it,  being  a  matter  of  profit. 

And  I  take  the  law  to  be  the  same,  whether 
the  fkir  or  maiket  be  erected  only,  and  not 
granted  lo  anv  one ;  and  where  it  is  granted 
to  a  subject,  ail  the  king's  sulnects  have  a  li- 
berty and  right  of  trafficking  there,  and  cannot 
be  prohibit^  by  the  lord  of  the  fair  or  maiket. 

The  reason  of  these  restrictions  of  the  inland 
trade  of  merchandize,  and  the  king's  preroga- 
tive therein,  is  from  tlie  concern  the  public 
|waee  and  justice  of  the  kingdom  hath  in  this 
sort  of  traide,  more  than  in  the  former  of  the 
manuftunures,  viz.  to  prevent  all  manner  of 
dieats  by  false  weights  and  measures,  corrupt 
nerohandizes,  and  too  jjfreat  enhancing  of  the 
prices,  and  breaches  of  the  peaoe,  occasioned 
Dy  public  concourses,  thougli  under  colour  of 
traoe  and  traffic. 

^  And  upon  this  ground  the  common  law  pro- 
vides. That  to  ail  such  licences  for  public 
marts,  which  the  king  may  grant  when  and 
ivhcro  he  pleases,  being  not  to  tlie  damage  of 
others  before  granted,  a  court  of  justice  is  in- 
cident of  common  right,  for  presenation  of  the 
public  peace  and  correction  of  such  deceits 
which  generally  attend  the  trade  of  merchan- 
dizing. 

Fourthly,  There  was  another  restriction 
upon  the  inland  merchandize  taken  notice  of 
in  our  books,  which  was  more  particular,  and 
to  certain  places,  viz. 

The  claim  of  foreign  bought  and  foreign 
sold,  by  several  cities,  towns  and  purtii,  some 
by  custom,  and  othen  by  charters;  and  there 
is  no  great  question  to  be  made,  but  before 
9  E.  S,  c.  1,  the  charten  as  well  as  customs 
did  prevail  for  that  liberty,  but  both  were  taken 
away  by  the  Statute,  and  divers  subsequent 
laws  taken  notice  of  in  the  oaaeof  the  city  of 
LMdoD,  Co.  8,  fg|.  IM. 


And  between  that  and  9  H.  4,  thcfi 
fpjat  strugglings  in  parliament  betwc 
foreign  merchants  and  the  city  of  L 
and  other  towns,  about  that  ouotom. 

'Till  at  length,  London  prevailed  foi 
vate  ace  of  pariiament  for  establishing 
customs,  nbich  they  liave  ei^yed  eva 
9  H.  4,  30. 

By  an  ancient  record  of  Henry  3.  it  a 
that  the  abbots,  and  others  the  religi 
the  county  of  lincoln,  under  colmur  of 
their  wool,  which  arose  unon  their  dc 
lands,  turned  merchants,  ana  bought  up 
and  sold  them  with  their  own  wools: 
were  prohibited  to  do  it  by  a  writ  out 
chancery. 

And  u|jon  the  complaint  of  the  mercb 
Lincoln,  m  the  time  of  Edward  1,  the  hi 
of  prohibition  issued,  Pla.  Pari,  in  the  Ap 
G09.  By  all  which  it  appears,  that  the 
traffic  of  the  kingdom,  which  was  wit 
care  and  cognizance  of  the  common  la' 
not  unlimited,  nor  tlie  subjects  liberty  1 
never  so  large  as  it  is  now  insisted  upon, 
foreign  parts  whatsoever. 

And  that  the  managery  of  the  princip 
of  the  home  traffic,  niiMli  consists  in  the 
fairs,  and  markets  of  the  kingdom,  dcpei 
on  the  king's  prero^tive,  and  is  m 
under  it,  the  law  having  entrusted  thi 
witli  tliat  power  for  the  benefit  of  hia  j 
and  the  peace  of  the  kingdom. 

In  the  next  place,  1  will  take  a  view 
foreign  trade. 

The  common  law,  and  our  law  book 
notice  of  but  two  sorts  of  furdgiien, 
friends,  and  alien  enemies ;  Calvin's  Cm 
7.  17. 

Neither  can  there  be  any  other  sort  ixffa 
ers  generally  speaking :  for  if  thcqaestioi 
whether  alien  friend  or  alien  enesiy,  it 
be  tried  by  the  leagues  with  the  priuee, 
subject  he  is ;  which  is,  or  ought  to  be  ci 
in  Chancery.  And  though  there  be  not 
war  or  fighting  between  the  two  pHno 
their  subjects,  yet  they  are  *  in  statu  bell 
may  assume  arms  when  they  pleaw 
seize  the  goods  and  persons  of  each  i 
subjects. 

1  shall  first  consider  what  the  oommo 
determined  as  to  the  sul^ects  trade  and 
with  alien  friends  beyond  the  seaa,  aw 
what  foot  trade  stands ;  and  then  partic 
consider  how  it  determines  in  case  of  com 
with  alien  enemies,  and  incidently  of  infi 

I  conceive  the  common- Uw  hath  OM 
expi'ess  provision,  nor  given  any  al 
right  for  tlie  subjects  to  trade  with  any  fo 
ers  beyond  the  seas. 

It  will  be  of  Uttle  use  to  discourse  h 
the  hiw  of  nations  interposes  in  this  n 
whether  every  natiou  be  obliged  to  en 
trade  and  commerce  with  another  nation. 

Ami  antecedent  to  all  leagues  and  treat 
commerce,  little  will  be  found  hsekici  th 
of  hospitaU^,  which  do  not  givu  any  da 
aUeright.   *" 


J\ 


,  m  }m  bank  d4»  B«yub.  Ub.  K  cap.  6, 
inetsi  juif!  gc^liifm  esse  ri- 
ai,  tmoea  scfie  a  iirincipibui 

bocik  lie  ritffiiib,  lib.  1>  cap.  .6. 
Mil**  Until  U  tavvrul  to  forbul  fom^c^rs 
*faftiaitHat!^  1 1^  noi  tmly  if  a  war 

*ki«fiiolf  l»ui  I  peat-^t^tlmUlieman- 

L^MOQl'  iIr  ittltttlMUoto  mA)/  uot  bo  oocriipieil 
I*  b  tmk^Krm  with  ^tmn^rT*' ' 
I    Am]  ifi  lit«  btiok  <li-  ^<  lib.  1.  cup.  6,  7. 

"'Dlfli  ii»e  biff's  nt  '<  are  cotitaiii<ed 

|Wilki»l»r  cooipaciH  iutd  agreenieTkiB of 

AIM  il<4lirG8  to  b«  tb€  law  of  na- 
icdjr  l^gMet  wltlt  th«  laws  of  this  kin^-* 
i;  hr  ail  itnnn^ri  ontoe  hither  untler  saic 
<BiM«  ivlikli  oommed  both  the  kiogV  U- 
«Hia«4  |w«ilcct]ini  of  them. 

Ill*  m^    mijfbt    inhibit   fbrcigners    i'rma 
mtmg  mu»  %h^  roftloif  uul  lai^hi  rcsmaiui 


C  hiirUf  tmp,  80.  wfaidi  b  t  general 
fti  iii«r«hdQtft^stnnfftrS|  reierres 
« to  the  kin^,  ^  tdn  pnUice  pfo* 


fTplkil, 


TIUikLS^  86  CttAittiES  11.  1684.— TAc  £.  /.  Cc^poi^  v.  Sm^t.  [ 

the  king^  8al«-6omluetSt  whioh  are  ia  ex^ 
wortls  maiUooed  to  exteoil  to  aUeo  enemies,  at 
u^ctl  }is  alien  Irieods ;  $  H.  5»  cap»  6.  snd  Sa 
IT.  6,  cap,  L 

It  is  held  b  Horn  and  Iry't  case,  Hill.  31 
and  92  Car.  8ecundi«  Banco  Itciri^,  Sydertin. 
That  at  common  law  the  kit  jimhibit 

the  irnportatioii  of  foreign  c«  i  ,  bef cKm 

tlic  statutes  therefore  miide. 

So^hen  as  the  cn^e  stood  at  cotnmuii  Iavr» 
foreijl^ti  prin€f^  and  nations  mi|rht  proiubil 
the  subjects  of  England  to  trade  with  theiu; 
kH  the  king  ttiighi  prohibit  forci^eni  to  tmde 
bete. 

Thekinj^  ^ilT'^t  inbtlnt  any  of  htsanbjeati 
froDi  going-  l>t?y'md  sea :  and  this  mitjfht  ba?« 
been  by  particular  writ  or  geaeral  procla* 
matioo. 

Our  bookii  and  precedents  are  so  full  in  Ihii 
point,  that  it  was  admitted  on  the  olbcr  side  ; 
tor  there  could  not  be  produced  any  autitoriM 
that  renders  it  the  least  questionablei  but  luul- 
titudes  are  for  it. 

Rot.  Claus.  7  Ed.  $,  mem.  10.  A  writ  U 
the  sheriff  of  York,  to  si  he  the  bodies  mmd 
landi^  of  Hucb  ns  hod  ^one  beyond  sea,  conlrtrjf 
to  the  kioi^'ji  inliibitifm. 

Rot.  Claui.  41  Ed.  3,  mem,  24,  dotso, 
writu  to  all  the  maritime  towns  to  take  oavt 
that  a  proclamation  probibitiugf  all  his  siubjficli 
(excc[»t  iiotetl  merchants,  and  those  unarmed) 
bejnit  iue.\ectitioii, 

llercby  it  in  evident,  that  it  was  penal  to  g# 
beyond  sea,  cuutrary  to  the  king*a  inhibitioii| 
before  the  statute  of  5  R.  'i,  cap.  2. 

AH  that  that  statute  adds  to  stren^>en  lli» 
kiDg*s  inhibition,  is  only  a  point  of  iurther  pe> 
nalty,  v\7.,  A  forfeiture  of  the  ?oods  of  the  pa^ 
Beniifer,  and  of  the  vessel  of  the  master  ex- 
porting :  atid  thou^  there  be  three  aorta  of 
oersons  exce^jtinl  out  of  that  statute,  fis* 
Lurd!4  and  otlier  ^eat  men,  true  and  ootaNe 
merchants^  and  the  king'f  soldier*  ;  yet  tbal^ 
law  n-ave  those  persons  no  other  libeity  Uia* 
they  had  before,  only  leaves  them  out  of  the 
penalty  proTided  by  that  statute. 

That  Wtbre  lliis  statute,  noblemen  ami  otbsr 
great  men  misfiit  be  prohibited,  apjiears  by  mj 
lord  Coke's  opinion,  3  Inst.  179,  m  the  ease  A  < 
fu^tives  ;  ami  the  records  there  mentionsdiy  ^ 
especially  thai  of  the  25th  of  Ed,  S,  Rot.  oteoi. 
niemb.  15,  dorso,  where  the  king,  by  hts  pro- 
ulamation,  prAhibits,    that    *  Nequis    Cumo^ 

*  Baro,  Mite«  reticfiosus  Sagittarius  aut  opera- 

*  riiis,  extra  Return  ee  transfer  ret,  sub  i>cBna 
'  Arrestationii,  at  Incareerationiii.* 

And  for  the  kin jf*H  soldiers,  it  is  plain  they 
could  not  dspart  the  realm  without  the  king^'s 
leave:  but  his  raiaing^  of  them  for  his  foreign 
service,  was  a  sufhcieot  licence  for  tbem  in 
<}cpart  the  realm  with  their  several  captains. 

And  for  tha.  tnie  and  notable  marrbanti 
tjroepted  in  the  statute,  they  are  the  sattt©  witli 
the  noted  mere  I  mi  its  enx^ptcd  in  the  proda- 
roationof  41  K.  3,  who  were  the  merchilrts  of 
the  staple,  who  were  admitted  find  wmm  l» 
obsen  e  the  Jttfw  itt  the  4tafie  |  «Bd 


My  IdnS  Colto,  la  hts  comment  upon  tliis 
^^fmr^f  li»i,  5.  T,adt?i  *  '  iiiffht  hare 
■a  pobibitcd  l>efc>re  n  but  con* 

svia^  of  thib  j'>w4,iu}»iva  by  act  of 


t^^Ub  cooflrQetioa,  sj*  it   i^  \tW'riniii  uny 

eiitor  authoiitv.  u^iiSt 

I  ftncam  of  prccedi  i  ^  rnetice 


9*  24  H,  3,  dorso,  which  wfts  after 

,  the  kmg  trnt  hk  writs  to  i*wreral 
Mftii^  omaiUAndiog^  that  all  the  mrrchatitf, 


i/  should  depart  tfie  kingdom 

Mad  in  %hte  mami  roll,  dorso^  there  ts  another 
^>i»i  tlM  mayor  of  I^Aiidan,  i^ivin^  leave  to 
!■■■•,  Klnrrsiifte  ftiid  some  other  mcrch^Qts, 
^f  till  ibc  Itatft  of  St  NAriiii  in  tho  year 


ani  pmelice  in  every  kinp"'!; 
,  tuuii  been   bsitb  by   pfuclamation 
ol*  council,  to  command  foreigners 
I  tW  n«lm. 
firsldrm,  ike  coniilniet  1  ^  '  p  u  Is 

ifHi  ft,  jBiAii  the  dauftt  >  - 

Atl  <foe  act  of  paHtuiuLiiL  iihauld  provide 
kraamritt^  by  *  n»iI.n.'<^ii(m.»  »ct  which  of  itself 
«VlM  W  >rrp«ti]     '"■,''  ii.cr« 

fSa  wlkrrv-  iti  ut  prohibited  fo- 

B^f&tim  to  cofiu'  in,  i\ir  King  by  his  safe  con* 

Ans  oihtii  1 1  loetif ^^  1 1  <  cm . 

IW  C^ocncutMis  in  parliament  1  H.  5.  pray* 

■"      '  !  mode  by  Henry  4,  for  avoiding^ 

if  M«BV«r«  ovt  of  ih«  realm,  mijt^bt  be  put  in 

T1l»  Mug  mnis  it,  savm|^   his 

lfoen»*  whr>ni  bi-  tilrHu^.     Tlie 


as  no 


<6S]  STATE  TRIALS,  56  Cha^lbs  IL  1684.— 7]b  Gtiai  Que^MMfoUmi 


boiiDd  to  rtpnr  thither,  and  not  elsewhere, 
without  the  kuig*8  special  licence,  as  I  shall 
afterwards  shew. 

By  the  statute  of  27  Ed.  3,  which  settled 
tiie  laws  of  the  staple,  rap.  23,  all  merchants, 
as  well  aliens  as  denizens,  repairing  to  the 
staple,  are  required  to  he  sworn  before  the 
mayor  and  constable  of  the  staple.  After  the 
at^le  was  at  Calais,  as  it  was  41  E.  3,  and 
5  R.  2,  the  same  laws  of  the  staple  continued  ; 
and  these  merchants  are  in  many  records 
taken  notice  of. 

37  H.  8,  cap.  15.  All  persons  are  prohi- 
bited to  buy  wool  in  Kent,  and  some  other 
counties,  except  the  merchants  of  the  staple. 

And  1  Elis.  cap.  13,  provides,  It  shall  be 
lawful  for  the  merchants,  called  merchant- 
adventurers,  and  merchants  of  the  staple,  out 
of  the  river  of  Thames  only,  and  twice  in  the 
year  at  most,  to  ship  out  and  in  foreiflrn 
Mtoms. 

Now  41  E.  3,  and  5  R.  2,  the  staple  was 
at  Calais,  and  all  the  merchants  of  tlie  staple 
5rere  bound  to  repair  thither  only,  and  had  a 
genefal^  licence  so  to  do,  witliuut  takin^f  of 
vatsports,  as  the  form  of  the  sUtute  of  5  R.  2, 
directed. 

Bat  these  notable  merchants  were  restrained 
to  tra/de  to  any  other  place  than  the  staple,  as 
I  shall  aller  tiiew. 

As  the  kioff  may  inhibit  any  of  his  subjects 
goine  beyond  sea,  so  he  may  at  any  time 
recall  any  of  his  subjects,  under  penalty  of 
forfeiture  of  gowls  and  lands,  durinjf  life, 
Dyer  12, 8  parag.  10,  and  276,  and  375,  3  Inst. 
179,  in  the  chapter  of  fu^tives,  and  25  and  26 
Eliz.  Cater*s  case  in  the  Exchequer  Chamber, 
Leon.  fb.  9. 

Upon  these  grounds  it  is  evident,  that  the 
common  law  did  not  ffive  any  absolute  right  to 
the  subjects  totrade  bevoail  sea  with  foreipfn- 
ers  ;  for  no  man  can  have  a  full  ri<rht  by  law 
to  any  tbing  which  olhet-s  have  a  right  Sy  the 
same  law  to  hinder  him  of,  or  to  obstruct  him 
in  the  using  or  enjoyment  of  it. 

And  Mr.  PoUexfen  did  rij^rhtly  observe,  that 
tliis  fundamental  ri^hi  of  the  king",  of  prohi- 
biting his  subjects  from  going  beyond  8«.*a, 
equally  respects  the  tr.\'\c  \^iih  Christian  na- 
tions as  with  infidels  ;  \W  both  have  a  right  to 
debar  the  Enc'Iish  from  uiulinu  with  them,  us 
the  king  of  England  h-^i  i  rit^iil,  at  cdininon 
law^  to  restrain  Ill's  sui'jtcts  witiiin  the  realm 
from  passing  over  th.'  sen  to  tmde  with  them. 

'^Thich  is^  fuunde<l  upon  the  kinpf's  light  of 
protecting  his  kingdom,  which  could  not  lie 
dischaiged  if  the  suhjecti*  had  such  general 
right  as  is  pretended,  ot'  uiphdrauing  tlieir 
persons  and  estates  as  well  to  intidel  asChiLS- 
tian  coontries. 

And  if  such  general  ri^^ht  were  by  the  com- 
mon law,  it  is  marvellous  ;  aiid  that  no  rceurd 
or  book-case  can  be  fount!,  vvhci-c  it  was  ever 
•0  resolved. 

Notwitlistanding  great  occasion  has  been 
Ifiven  in  ail  times,  by  prohibition,  for  the  sub- 
jeottohave  asscrted'suchnght; 


The  only  authority  |Hrodiibcd  it  the  s 
of  Fitzherbert  in  Nat  Brer.  lb.  85*  wh< 
words  of  Fitaherbert  are,  «That  by  thet 

*  of  the  common  law,  every  man  may  | 

*  of  the  realm  for  merchabdiae,  or  trai 
'  any  otiier  cause,  as  lie  pleases,  wiftbo 
«  manding  hoenoe  of  the  lung,  and  shall 
'  punished  for  it' 

By  this  opinion,  the  liberty  the  BubfOi 
to  travel,  or  to  go  for  any  other  cause  b 
sea,  is  the  same  as  to  trade. 

And  this  opinion  imports  no  more  than 
imponity,  that  the  common  hiw  made  i 
press  provision  against  it,  so  as  to  POBis 
an  oflenco  at  common  law,  but  left  it 
discretion  of  the  king  to  prohibit,  or  pert 
he  should  sec  cause. 

That  tliis  wai  tlie  meaning  of  Fitzbi 
and  that  he  did  not  intend  any  right  the 
mon  law  gave  thi^  subjects  to  sro  beyon 
but  only  that  the  common  law  was 
therein,  and  left  it  as  a  tiuug  indifferen 
tecedent  to  the  king's  inhibition ;  is  e 
both  by  Fitzherbert,  in  tlie  same  place 
the  CO- temporary  opinions  of  the  sajges  ( 
time. 

For  immediately  Filzherbett  ezplai 
opinions,  that  because  every  suly^  is 
to  defend  the  king  and  the  realm,  the  k 
his  pleasure  may  command  the  subject 
eo  out  of  the  realm  without  his  licence  ; 
uiey  do  contrary  tliereto,  they  shall  he  fii 
their  disobedience. 

Here,  by  Fitzherbert,  that  liberty  wh 
had  assertcMil  for  the  subject  to  trade  or  i 
as  it  was  equal,  so  it  might  lie  equally  rest 
by  the  king  at  his  pleasuie. 

All  the  Judges  at  that  time  were  of  the 
opinion. 

31ieh.  1  Eliz.  Dyer  16o,  in  aaamemi 
the  judges  and  others,  the  question  is 
stated, '  whether  a  subject  generally 
withdraw  his  ()ers«m  out  of  tne  kingdoi 
inereliandize,  travel,  (»r  other  cauie,  1 
sole  licence  or  |iorinissiou  of  the  commm 

^riie  question  la  not  put  upon  any  rig 
subject  luul  t<»  go,  but  upon  a  bare  pen 
at  eonimon  law. 

For  all  thejudovs  I'^niHMl  with  Fitzhi 
that  thckincr  might  prohibit  tliem 

And  Fit7hcrU'it\s  opiuiou  for  such  pi 
sion  only  is  urged  ;  and  ut  tliat  time  Id 
a  qu&Te  upon  it,  witlitmt  any  allowai 
such  pcrmissifui  from  the  judges,  but 
iiigly  to  the  contrary* 

But  aflerwards  Mieh.  It  and  13  Elia. 
VJ6j  a  pai-ticular  case  of  a  merchant  tha 
beyond  sea  to  live,  and  not  for  roerclia 
v\i\h(>at  the  kini^'s  licence,  came  bcfiu 
judges  ;  and  it  was  debated  before  the  j 


of  both   benches,  and  tiic  chief 
this  {K)int, 

Uhetherjt  were  an  offence  ponisba 
conmion  law  Y 

Two  of  tlie  judges  held  it  to  be  an  el 
and  that  tho  common  law  did  prohibit  it 

Tlie  rest  of  the  judges  ooncurred  with 


itfWrtf  BUid  tiettlf  that  before  an  expt*c^  pivilu* 
biftuin  by  llit  kfiv.  tiv  nmrlLutittirtn  of  ivrit,  it 
i^nut  notau  o|1<  i  trft  by  the 

common  bvr  ,i.  ;    whicfi  im- 

po'ft5i  tin  H^ht,  Uui  ik  bure  luiiiunilv. 

But  all  tliejml'^^,  alter  a  pmimhition,  held 
It  ill}  ofTcnct  ftiid  oantcrapt  piiiiUlmbte  aX  com- 
Wi'm  law ;  whereby  that  jioiut  in  settled  by  the 
ojfimou  fit'  Filzbr>rrMLnt  ntui  this  judg^  i»^^  iJmt 
time,  that  at  the  ^oninitui  law  HceiK'o  WdH  but 
»b»[  ■  lon*  im|tortiiitjr  only  inif»nnity^  in 

lJl4i  Lft  silL'nt  (lelore  an  <  xpp'ss  pro* 

biifiUo.i  K,,  M<t  ktniiv,  whi*'tj  iiillir  linvis)  ilei^-ey 
elpprmmion  token  notice  of  in  b^^jks  ol  law 

UfOtiofi,  in  III*  U>il   »>.    I.rn^  k.  Ill  ♦ »   Pn  ,^, 
lib.  |!».  3.   No.  %  «l. 
iOodW,  •  Pcrroi* 

'rtt  L<::^s,  sed  aci!  i  qu.Ui*na9 

'ilud  ftb  cOf cui  jKtt  _   \  oc  Impc- 

'dtmeDtum  pontit'    ^ 

But  ihiK  pcnitis&ion  of  the  common  bvr  goes 
Ml  90  lar  as  to  nbiii>v  or  fb'hur  othei-s  from  ob- 
itottctingf  the  aclton,  uUn  h  nuiy  be  impiidcHi 
bcb  bj  ibe  Jyug  siMi  other  nmicu«|  b«  I  liskve 


h  CBTri—  —'-  • -*'     "lih  it,  aoil  t!iis 

Jiheity  t»i  --f  «tiiiiigers   in 

,  •Oi;.,.,..,^  ...^.,.^.,.  Liwit  liberty  whit^h 
mmon  law  allows  one  i^ubirit  tun  aids 
r,  tiz,  a  free  patwage  |o  his  hi»tt*»e»  to 
or  tr»^t  with  him,  which  suundv  <iidy  in 
1 0f  trespaiSy  and  triay  be  proliibitc^l  by 
Hcoinicr. 

P  E*l.  4,  f«,  4,  par.  15.  In  ti'e.<4|)ass  for  break* 

[n^  1^  ^  he  ddend&at  pleaded  a  ticcnec 

nir ;  who  replied,  that  al>er  the 

ih  ^1  the  defendiint  to  come. 

tt  ri  express  from   the  party, 

ler  mig"ht  deter - 

naniiMPiiiaw  4id  iiot  ex'pressly 
•  ^iii^  t>eyond  sea  without  licence, 
fib  it  as'au  *ifreoee  criiiiiiially,  yei 
UHefiAnce  all  g'otnof  }>eyond   »e>a 
he  tloff's  licence,  in  a^ljudcfiai^  their 
rsuch  a  depailnre,  aliena, 
iothe   1'Ln^.^ljJih  1au!i ;    aa 
ilvi^  utter  Hide  ^  Hill.   Uillar.  ^5 
^.B*  Ra, 
»♦  3»  Tliat  rf  fin  TOO  nrid  Frjoe  go  beyond 
Lti  Ucenee,  and  birrv  tiierr  aSier  ibo'tiine, 
b\     '      ■      lice,  iiml  havt^  tstuxe  bor», 
tiger  abal]  ind  not  inhenrable. 

^^H    UMid«ia  iiiuKit;  ptiMeraor  pnt  ' 
^^pilb  the  c««iii&ofi  law  entru^^v^  i 
^^Mffeneeoftlie  r^"^''^    *   v  to  ji^^..^^  ..m. 
^^nvn!  jiiic  itM»  to  -in  iVuto  ^x>tiiir«  and 

^Hki  recall  hta  ou ..  ^.^^    .^  when  jjouc  ky ood 

Thf*  ff^w  rt?;tB  ttie  sole  power  of  uiakiog' 
Icmrii  ei^nent  in  tlie  king  alone, 

i\  ii  <^•  firit  atep  tiiward^  a  foreign 

cotniiiOQ  law  adntitlingr  of  no  trade 
,  etieuiies  are  made  frieudt  only  i 
leaguA  10  b«  mado  capabkr  of  b«ug 
iwil^. 


465J  STATE  TRULS,  36  CuAur.Bs  fl.  l6S4.— 7%«  E.  h Compmp  v^Sandi^s,  [466 

Art  J  as  the  making  of  all  leagues,  so  the 
wodtJJirig'  aoU  limiting  of  SQch  leaguea  are  by 
the  king:  alone. 

As  It  is  to  be  obserred,  that  no  leagucf  wera 
e?er  yet  madt;  for  ao  onUmited  atid  universal 
trade,  but  in  ali  leagues  the  particular,  munici- 
pal laws  of  each  country  are  excepted  ;  as  tor 
ei^ample^  salt  cannot  be  imported  into  France  ; 
and  most  French  commodities  are  retfti-aioed 
from  beiiig^imtHirted  hither : 

8o  it  was  resolved.  Paseh.  36.  Elia.  (i  Inst, 
5.}  .J  lust.  Henrj-  de  Vale  and  Tomhnsoo,  upoa 
a  seizure  of  French  Koods,  and  a  complaint  t^ 
t lie  council  u[H»n  it^  That  the  laws  uf  either 
kin|>doin  h  ere  excepted  in  the  leajfTue. 

I^ltuch  hss  dolli  the  kin^  in  any  league  con* 
elude  or  build  up  his  own  prero^live  tuwardi 
Uis  own  subjects,  in  i^rantin^  th«'m  licence* 
l<*  trade,  or  in  restrainuii;  of  thein  fioui  going^ 
bcvond  sea,  though  in  ordi-r  to  trade. 

l^Ioreover,  the  rules  of  the  common  law  ar* 
not  adapted  to  iletermine  riiatier«  of  loreigit 
trade,  oeither  can  ♦orcigners  lie  presumed  to 
hare  cognizance  of  the  municipal  laws  of  thi9 
kingdom. 

Ihc  pnndpat  part  of  forrign  tnide  i*  trans- 
acted beyond  !»t>a,  where  lite  ci>ninii>n  law  ean 
havi!  no  cos^nizancc,  but  t^eonliaed  within  tha 
contpiijjs  of  the  four  sea*;. 

The  law  was  hm  sUii*t\  that  an  obLigalion 
hearing'  date  at  a  certain  place  beyond  se», 
toidd  nut  be  trietl  in  England,  Ul  £.  4« 
fol.  74. 

Service  of  a  privy  seal  upon  a  sijfij^cit  be* 
yond  sea,  commnnding  htni  to  return,  when 
certified  iuto  Chancery,  ami  sent  by  Mittimug 
into  the  £xche<juer  lor  f^eizlog  of  goods  and 
landsf,  is  not  tmversible,  liecause  not  triable  in 
England)  2  Eliz.  Dyer  17(1. 

In  the  case  of  the  king  and  Oiisack,  17  Ja* 
cobi,  llolb  rep,  2  part,  fol.  112.  Serjeant 
Davies  argues  that  the  municipal  laws  of  any 
realm  are  not  sufficient  fur  orderiog  the  al« 
fairs  and  traffic  of  merchants. 

And  upon  tliis  ground,  when  the  staple  w«i 
removed  from  beyond  sea  to  several  towns  io 
England,  by  the  statute  of  27  E.  a.  it  is  pro- 
vided, That' the  trade  should  be  governed  by 
I  lie  same  laws  it  was  before. 

Ami  by  7  I'liapt  it  is  enacteil,  *  That  aU 

*  merchantii  crtmnig   to  the   staple,  shall  be 

*  ruled   by    the  law-nierchaut    «f  all  thingsi 

*  touching  iht^  staple,  and  not  by  the  comtnoti 
'  law  of  the  land/ 

IV  hereby,  in  nej^ative  words,  the  com  moll 
taw  wiui  exihided  from  inlcrtnrddling  in  tlift 
atfjirs  of  mercliitnts  ;  as  uol  proper  to  detnitt 
Uio^ft  CO  at  n»  verities,  ami  wherei*f  forefguen 
could  have  no  coguixanee. 

IS}  ull  v%  hicli  it  ap)N:ars,  that  the  oomtDon 
law  made  no  proviitton  for  foreign  trade. 

The  common  law  iberefore  havutiif  given  ti« 
right  tn  the  stihfecta  to  trade  lieyoud  the  h*jiii. 
with   forrignrrsf,  nor  prc*scribed  any  rul<^^  lor 


(tie 


|ffie>4dv 


tho  managing  of  Utat  trarle,  biit  leJI  that  mat- 
ter Side  I V  to  the  kiog,  fur  iltm  hmd  jtfotlt  of 
bis  people  I 


I 


1 


467J  STATE  TRIALS*  36  Charles  II.  1684.— 7%f  Great  CateofMrnufpoUa:  [4fi8 
It  may  be  proper  tn  consider  upon  what  |  liament  a^inst  the  meu  of  Flanders ;  ^t 


foundations  the  foreign  trade  stands. '  | 

The  foundations  are  two. 

ti  Leagues  made  by  the  kings  of  England 
If  ith  foreign  princes  and  states. 

9.  Royal  licences,  which  are  either  solely  by 
grant,  or  by  act  of  parliament. 

For  all  acts  ot  parliament  in  matters  of 
•rerogative,  and  which  move  only  from  the 
king,  are  ))y  the  king's  grants  in  parliament 
■atified  into  law. 

By  leagues,  foreigners  arc  bound  by  public 
compact  to  ailmit  the  king's  subjects  to  a 
IreeJom  to  trade  with  foreigners  beyond  sea. 

I  have  already  spoken  of  leagues,  as  the  ne* 
ee»ary  preparatory  to  all  foreign  tradr,  and 
without  which  no  ibrci^^n  trade  could  be  en- 
terpnzed  by  the  subject. 

What  I  shall  add,  is  only  concerning  the  ne- 
cessary dependanoe  of  that  trade  upon  le|^ucs, 
in  its  continuance  and  regulation ;  if  the 
league  be  broken,  let  the  sulijccts  right  he 
what  it  will,  to  ti-ade  either  singly  by  grunt,  or 
by  actof  imrliaracnt,  icis  suspended,  and  uher 
]>roclamation  made,  beenmesuiila\Uiil  and  pu- 
nishable, as  trading  with  enemies. 

The  leagues  and  treaties  with  foreign  princes 
for:  trade  and  commerce,  whereof  tho  sole 
power  is  in  the  king,  to  bind  the  subjects  of 
Engkind. 

They  are  the  only  laws  betwLvt  nation  and 
nation  tn  direct  tlieir  trado  and  commerce  by. 

An«lbyjhc  said  leagues,  trade  may  be  limited 
to  certain  places  and  cummoditic^,  or  other 
restrictions,  as  the  two  princes  shall  aj,Tee 
upon,  who  are  the  only  masters  oi'  their 
kiaj^ucs. 

A  clear  and  full  instance  of  this,  is  in  the 
leagues  for  1 1  udc  with  Fluiidevs  and  the  low- 
couiitries,  between  the  kings  ot'Kiigland  ur.d 
the  dukes  of  Burgundy  ;  whereby  the  btaple 
was  settled  at  1]rnf^rf.->; ;  und  that  no  wools 
should  be  sold  i:i  i'luuder<i,  but  wIkiI  came  out 
of  J.-'iiit;lanti ;  and  that  r.o  Jjnnlish  cloth 
«bou]d  be  sold  in  Fhinders,  on  pain  of  fur- 
feiture. 

31  {'].  3.  Complaint  was  minie  in  parlia- 
ment by  the  iiK-rciiant'^  of  hpwnd  allM^^'^  com- 
mitted by  ilio  iu(;n  of  ilruviPN.  in  lesl raining 
•Ht  mcreiluuLS  from  sell  I  n*^*  tlieir  wools  to 
whoni  iliey  pleaseil  lI  Jiiiiges ;  au'!  prayed 
icmedy. 

The'king*!*  answer  w us  that  the  oidinancc  of 
the  staple  slioiiM  be  viewed,  Uiid  that  Thomas 
Mlchelborne  u  ith  w hom  the  (utent  touehi')<<;' 
that  ordinance  was,  be  called  to  brihg  the  ;i.:iiic 
with  hiikiy  and  some  of  the  ni<  rchants  of  the 
tovaairyy  wlie  best  mider.^uod  iliis  matter  ;  luid 
the  king  by  advice  of  his  council  woul«l  pro- 
vide remeily  ;  Rot  Par!,  ill  K.  J.  nii.  10. 

22  E.  3.    Another  complaint   is    made  in 

Eariiament  agaiort  the  men  of  Bruges,  for  pio- 
ibiting  the  merchants  to  buy  staple  wanrs 
kerc,  and  pray  redress. 

llic  king  UMWers  that  he  will  speak  with  the 

Tie miih  ambMsador  abdat  it,  92  E.  3.  nn.  1». 

%  Ht  5.  Agrievow  CO^^laint  made  in  par- 


though  Englisli  merchants  obaerred  theandent 
leagues,  that  no  wools  but  English  shoukl  be 
sold  in  Flanders,  and  no  En^ish  cloth  soM 
there ;  yet  they  permitted  the  wools  of  Soot. 
land,  Catak)nia,*  Arragon  and  Spain,  to  be  sold 
there,  and  pray  remrav. 

Tlie  king  answers,  tliat  search  shall  be  made 
for  the  alhance. 

And  upon  the  like  complaint,  9  H.  5.  the 
commons  pray,  the  king  would  fdeaae  to  treat 
with  the  duke  of  Burgundy,  that  no  oAer 
than  English  woob;  should  be  manufaotnred 
there,  or  that  the  English  might  sell  their  doth 
there. 

The  king  answers,  he  wouM  treat  that  the 
English  ctoths  might  be  there  sohl.  RoUi 
Prerogative,  1  ib.  14  title,  League. 

But  this  treaty  came  to  little  pnrpofla,  tiO 
after  the  acts  of  pari  lament  were  made,  S7  H; 
a.  cap.  l.(QO  H.  G.  cap.  4)  4  £.  4.  cap.  5. 
for  excluding  all  the  commodities  of  Flanden, 
until  the  duf:e  of  Burguudy  recaUed  hia  pro- 
clamation for  banL<»hing  cloths  out  of  his  do* 
minions. 

Those  statutes  produced  a  firm  league  be> 
twecn  the  kings  and  the  duke  of  Bufgyndy  \ 
who  in  the  record  is  called  the  duke  of  Hans, 
or  of  the  Styll-yard,  Irom  the  merchants  fait 
subjects,  who  had  long  in  England  obtainol 
those  names, 

By  that  league  a  free  trade  for  dodi  was 
agreed  upon  for  the  English  merchants  in 
I- landers  to  continue  for  ever ;  and  the  king 
confirmed  to  the  subjects  of  the  duke,  as  well 
tho  Iibcn-liei(  gi-anted  by  J*idw.  1.  tu  merchants- 
si  rangers  in  geneml,  by  his  Charti  Mercalona ; 
as  those  granted  by  Eilw.  3.  to  the  merchants 
of  the  Nty  11. yard  m  particular:  wliich  [eagne 
was  cnniirmed  in  parhanient,  13  E.  4*  nu.  2. 

These  leagues  may  suifioe  to  shew  the  dt- 
peiid.mce  foi-eign  ti-ade  hath  upon  leagues,  M 
to-  it's  continuance  and  r^ulation. 

Hy  this  lea^pie  the  staple  at  Bruges  was 
taken  oil',  and  liberty  granted  to  the  English 
merchants  to  sell  their  cloths  in  any  part  of  the 
duke^s  dominions. 

Who  these  English  merchants  were,  I  shaB 
in  this  plaee  only  make  a  short  remark ;  that 
they  were  the  company  of  men'hant-ad^'en- 
turers,  erected  and  licenceil  for  the  lictter  r 


lation  of  trade  for  wool  and  doth,  beyond  tbt 
seas,  by  letters  patent,  1  Feb.  8  li.  4.  and 
confinned  by  otiier  letters  patent,  1  Oct.  1  H. 
.*).  which  I  villi  speak  more  largely  to,  when 
1  come  to  shew  the  constant  possession  the 
crown  hath  had  of  liccn!>ing  corporations  ftr 
f:.rei«;n  ti'ade,  exclusive  to  others. 

Tiie  other  foundation,  upon  which  all  foreigl 
Jra«lo  stcnds,  are  royal  licences. 

1  before  shewed  that  the  licence,  wlridktliv 
common  law  gave  to  trade  with  foreignen, 
w  as  no  sure  foundation  of  trade  ;  because  II 
might  by  law  be  interrupted  by  the  king,  aad 
did  in  its  nature  import  no  more  than  a  bai^ 
imnunity. 

But  where  the  king  grants  licettoea  la  Ml 


STATE  TRIALS.  SfiCifAALBS  IL  l6U,^The  £•  I.  Compgnff  r,  Sandyt.  [470 

It  In  trtfde  with  forci^etJi.  they  gain  n 
ur  MiNrraa  m  ttmde  uccortliu^  to  sncb 


TImI  Mil 


■  ■'  »-'    ■    ■  '  trtjly,  or  by  acl  of 
ttcr  ttiosc  tltsu  ar» 

lit.  61  law  |in>- 

hkA  auay  vflus  mi  ,             _^  yoiKlsenytia 

to  k#  ittty  li^aiice  thvm  to  gu  for  trade  or 
i^iwiK,  ii*  aiMiti«Ktiofiuf4  r. 

t  Wffii  of  Ar  n&d  tieverdl 

mf  ^LTtuL^*  ji  TM  ;  .1.  ii>o.  and 

TIm  k  ^laitt    Kiicli    Irccvicoii,   itol 

irf^ filnfrt-  luaurvM  ui^y  iimUiMt*  birt  tvbcrc  the 
mmmim  law,  ouil  acts  at'  paulutuent  il<i  {>t-o> 
Ujl. 

jUicn  itnemieft  are  i^rohihited  hy  the  cotn* 
•M  Iamt  lii  come  h  itttln  the  reutm  ^  yet  the 
liir  MH^y  ticeua«  tb^rm  iv  iitinie  dy  tiis  9«le* 

itrtbeob«cn 

4»ilili9iily  ifle*i30iiducts 

fH  thu  wXken  i^uemy  iiitu  the  CtJiidition  of  ao 
ilita  M*yt  u  fnfly  tituterthc  idnq-^s  protection 

tlai*^  IImi  C(»fv'  oudiicts. 

y»Mtjfri  U  or  injiii% 

Ik  pifwvi  ihiij  tor  itj  botfi  at 

F«r  iBlorc^  I  lie  Ktatlili's  in:uU 
Iraeci  «i  jalb-cocidttct»  wn 
fHniy  «  record  of  thii  enun, 
X    «»    (Upv,    Rot,    13.    which   1  shaJl 
kam^tmm&a  to  nulu?  use  of  to  another  pur 


domiutoiis  of  foretspo  prince*,  as  in  the  ififittntse 
uf  Bi  iig-es:  tJiat  must  be  doue  by  leagues,  our 
c^n  ti  t  liber  wise  be. 

"  "  "  *i'  '  «Tf  the  Rtaplcisin  EnffUnd, 
110(15  of  the  king«  wu 


Jiutt! 

or  in   1 
at  Hi  si  J  , 
Thi^i  i^  e^ 


party. 


which   1 


inch  aa  alien  enemy  may  bring 

I  action  for  debt,  or  any  injury,  ap- 

peaahf  llw&  ekta  of  John  Douglas,  a  ^ooU:ii- 

MiiH  SO  E,  4.  Ibl.  6,  V\.  6.   and    Afoore,  431. 

The  k\n^  msy  lufnc**  bin  siibje«ls  tt*  iraile 

«i4i  ♦MCatoi  {  mnon  U»'. 

.WmI  fbr  |fi>  .^o  and  tmUe  both 

iitttancea  ai'e  inliuite. 

'     :    :       tif  thvie,  1 

iiitborititj^^ 

oi  iiir  RMti^'s  prero^- 

to  matters  rdatiiij^  t4>  Ili* 


Kit  d^  fiarlian 

Uoi  t«r  ili^ 
flaiMaktt  o« 

H  oa^OllI  tile  r\«;r(;iNf  ni  i 

Mil   retftiLx  what  I  have  to  offer  under 

.^  Tl»il  tbcitaiiUvi,  which  i^ert^  tbe  fiubllc 
Ibf  alt  n]fTen2iiit<  to  n^sort  to,  were  at 
t]J  t  this  realm,  an - 

Itoaiix  lit. 

Kpfxio4ly,  *l'b*i(  .Uui  tilt  s;u{j|(5  was  ca^ta- 
l^li^  Bf  r  aIiu9  by  a«  t  of  |>4rliii[uent ;  tbe 
kia^  '  :«de  to  utber  place^^ 

«i*r  !  do  without  §ucli  ti- 


Hiirlly,  Tlxiiiihe  rrg^tatton  and  tnanagery 
ti  $mm^  tnSt  m  all  caatevi  where  acfs  of  par- 
Hamtflil  lMif#  aoi  p«rliaikifiv  uiterp<med,  have 
ha*  MiM  anil  governed  by  tbf^  km;;:'s  pre- 
"   '^-''    'ti  puiEit  of  bcoiee  aiid  inbi- 


■jsir 


Vint  Im4:  A»  In  Midtiigf  tbe  staple  io  liic 


ilet?lnr«;tl  in  tbe  ri*cital  of 
[  .  9^  whereby  luerchantti- 
iiave  blKTiy  ^rr^mietl  tliern  tv 
trarie  in  l^ngtaud,  aceording-  to  tbe  form  of  tbe 
ij^ritiitehartttr. 

By  merchants- privy,  distinguish  ad  frona 
iui'rcbuulti-Etrang'cfrs,  iu  this  law,  are  plainly 
intended  tbe  luerclianl!*  of  the  kinj^'s  tonji^a 
dominions. 

The  Jrisb,  who  by  Ordmrntw  pro  SlaiuU  Hh 
(temiO!,  17  £.  If  ba<i  liberty  granted  them  to 
ti-affic  into  England ^  so  as  they  tC>ive  security 
not  to  go  unto,  nor  commerce  with  i^otlauJ^ 
nor  other  the  king's  enemies. 

And  tlie  Gascoigners,  and  other  the  king*a 
subjects  in  France,  \sUo  bad  divers  bbertifs  of 
trade  grafted  them   by  the  kin^ ;  as 
by  A  di Terence  betiveen  tiicifi   and   tbe 
itoiiers,  decided  judicially  iu  parhament,  1 
1,  purl.  ful.  180,  and  130. 

I'bat  by  uiercbantii- privy  la  to  be  understood 
of  the  king^s  foreigu  Bubjectij,  1  collect  ^m 
the  reference  this  law^  bath  to  Ma^oa  C/harta, 
which  coneerued  only  foreign  uicrchautMj 
whereby  the  king^B  power  to  reMraiu  tbeni  waa 
rej>ci4eil>  and  cousetjucntly  w^a*  reaerved  by 
this  ku-;  as  is  taken  nutice  of  by  ao  act  not 
printed t  8  E.  :i,  num,  20^  that  the  stapW  wa|i 
during  rbe  king^s  pleasurct  and  the  king  re- 
voked tbe  stapie,  giving  mercb^at-atraugera 
liberty  lo  buy  aay  staple- w area,  1  E.  3.  l^arl. 
Rot.  pars  2  and  3.  Mem.  24. 

A  c>>mmia&ioD  issues  lo  the  ma)r  or  of  l^jndoD 
to  put  in  execution  tbe  orders  made  by  \i,  H. 
ihv  establiiibing  the  staple  in  genera!  cotutties  of 
EngUud)  and  for  the  rule  and  gorerumrist  ot' 
noerch:iDts. 

By  27  E.  3.  can.  U  ^^  atapte  waaietUed  la 
soerni  towns  in  Eogiatld* 

liut  that  law  bad  no  word:i  to  bind  tbe  king's 
prerogiiiive  to  remove  it:  and  of  t'--  -^  -noii 
Wds  the  pariiauieiit,  38  K.  3,  wh^  «a- 

inons  [truy  that  tb«  t^taple  may  ah*... .  .^ .  .„..uiae 
iu  England. 

Tbe  king  answers^  it  shall  ooDtiuoe  till  tbe 
next  parliament. 

The  first  of  March  in  the  same  ye^,  the 
king  remiijed  it  to  Calais ;  but  43  £.  3.  cap.  l. 
becauieofa  war  that  broke  out  witli  Frauotp 
it  is  brought  back :  the  act  recites,  that  it  had 
been  removed  to  Calais  by  the  king,  lor  tbe 
pi  oil  t  of  the  realm  and  ease  of  tbe  mercbaota  of 
England. 

47  E,  5,  nu.  ly.  The  Commons  pray  that 
the  staple  may  be  only  ke|}t  at  Calais,  aiul  that 
no  grunt  Ik*  made  to  the  contrary. 

I'be  king  answerSj  that  he  will  a.ppoiiit  the 
staple,  08  by  the  nounril  b<*  ftliatl  tbiuk  be«t. 

1  H.  'i,  nu«  9fl.  The  Comnionii  pray  to  knonr 
where  tbe  staple  sbuli  be,  if  Calm  bft^ly  ht 
bcaiii^^eJ, 


4i 


471]  STATE  TRIALS.  36  Chablbs  II.  iSM^The  Grut  Case  ofM&iufpolie$:  lift 

Tbe  king  answers,  in  such  places'as  were 
lisl  used. 

Dy  the  constitution  of  these  staples,  nter- 
chants  were  not  only  licenced,  hut  obH$|rcd  to 
n?i>rtir  tliitbcr,  and  res!  rained  to  export  tlieir 
fctanic-warcs  to  any  other  place. 

And  although  many  statutes  were  made  to 
fortify  and  stren^rthen  the  staple,  by  creatine:  a 


for  tixing  and  strengthening  of  the  sta^des,  the 
statntes  of  18  £.  3.  was  ab^utely  repealed  and 
set  aside. 

\s  to  all  Ens:lisb,  Welsh  and  Irish,  hy  the 
statute  of  27  H.3.  for  settling  the  staple  in 
Knt;land,  by  chap.  1.  wherct>f  all  £niHisnmeD, 
Irishmen,  and  Welshmen  arc  cxpresaly  prolir- 
blted  to  export  any  staple-waics ;  and  liberty 


foHcIture  of  all  sta4)lc- wares,  if  carried  to  any  j  given  only  to  mrrchantK-strangei-s  to  doit. 


other  place ;  yet  by  the  records  I  have  produced, 
it  is  maniiciit  that'tlie  sole  nppoiniinent  and  or- 
deriii<|^  of'thu  staples  was  in  the  king,  ami  that 
hy  the  acknowledgment  of  several  parlia- 
ments. 

2  H.  5.  cap.  G.  provides,  that  merchandizes 
of  the  staple  shall  not  be  e\'|iorted  to  any  other 
place  without  the  king's  licence,  before l)rought 
to  the  staple,  on  pain  of  foi-feiture. 

2  H.  6.  cap.  4,  proviiles,  that  all  staple-wares 
shall  be  carried  to  Calais,  so  long  as  the  staple 
is  there. 

And  8  TI.  6,  cap.  17.  provides,  that  if  mer- 
chants export  the  merchandizes  of  the  staple  to 
any  other  place,  the  merchandizes  shall  be  for- 
feited; except  the  merchants  of  Jeane  and 
Venice.  And  cap.  27.  several  licences  granted 
by  the  king  to  export  to  other  phuMis  are  re- 
Toked. 

What  these  staple -wares  were,  is  fit  to  lie 
known,  they  comprehending  the  greatest  part 
of  the  native  commodities  of  this  realm,  that 
were  merchandizable  in  foreign  parts. 

By  the  statute  of  the  staple,  27  £.  3.  the  sta- 
ple-wares are,  wools,  leather,  woolfels  and  lead ; 
to  these  are  addetl,  by  a  statute  made  60  £.  3. 
tin,  worsted,  butter,  cheese,  feathers,  and  many 
other  commodities. 

This  s  atute,  though  it  he  not  printed,  yet  is 
taken  notice  of  ai>- a  statute  and  a  law  of  the 
staple,  by  the  statute  of  .3  H.  6.  cap.  4.  where- 
by butter  and  cheese  arc  rocited  lo  have  been 
made  staple-wares  bv  this  law. 

The  record  is  /iO  E.  3.  nu.  20.  (or  200.) 
where  the  Commons  of  the  town  oi'Calais  pray 
that  the  staple  may  be  holden  only  there  : 

Which  the  king  grants,  that  it  shall  be  hol- 
den only  there,  and  no  where  else  beyond 
sea;  as  well  of  all  ancient  staple-wares,  as 
of  tin,  worsted,  butter,  cheese,  feathers,  (Sec. 

The  staple  was  several  times  removed  by 
11.  2,  but  from  21  R.  2.  it  continued  at  Calais, 
till  that  town  was  taken  by  the  French. 

By  all  which  it  is  manifest,  \i\ion  what  slender 
grounds  the  statute  of  15  K.  3.  cap.  3,  that  the 
seas  be  o|ien  to  all  merchants  to  pass  w  \wve 
they  please,  was  urged  am!  insi$te<l  upon  to  be 
a  law  in  force,  or  to  have  any  intlue.iL-e  upon 
this  case. 

F<>r  besides  what  31  i*.  Sojicitcw  truly  oljser»o.i. 
that  it  was  made  for  a  spicial  purpo.se,  to  tukc 
off  the  present  staple  ;  to  which  all  ruerehaiUs, 
as  wi'II  foreign  as  himliNh,  were  coniined  to 
carry  their  goods,  and  was  of  the  same  pur- 
port, as  the  statute  of  8  £.  3.  nu.  20.  I  before 
mentioned,  which  opened  the  then  present 
ttaple. 
For  by  tbe  tevcral  laws  I  have  mentioned 


And  by  3  Chap,  it  is  made'  felony  for  the 
English,  I  risb,  or  Welsh  to  export. 

And  when  the  sUiple  was  returned  to  CalsiSi 
it  was  a  forfeiture,  as  I  have  shewn,  to  export 
those  wares  to  any  other  place  witlH»ut  ex|insi 
licence ;  tor  that  the  Mare  Liber utn^  by  the 
statute  15  K.  3.  became  Mare  Ciausutn  long 
since  by  many  subs^'queni  laws,  and  not  to  be 
openedbut  by  a  royal  licence. 

1  H.  5.  nu.  40.  The  Commons  pray  all 
merchants  may  export  to  any  place  beyoad 
the  seas,  or  import  any  goods  except  gouui  of 
the  staple. 

The  king  answers,  he  will  advise  with  Us 
council. 

The  parliament  did  not  insist  upon  amr  light 
by  15  £.  3,  but  prayed  it  as  an  act  oTeiaoey 
and  were  modest  iu  their  request,  that  the  ge- 
neral licence  desired  miglit  be  restrained  to 
merchandizes,  which  were  not  staple  comrno- 
dities,  yet  it  was  denied  by  the  king. 

17  K.  S,  nu.  15.  Several  towns  in  tbe  West 
prayed,  they  might  carry  their  wool  into  Nur* 
mandy. 

I'hc  king  answers,  let  them  repair  to  Calaif 
as  is  appointed. 

13  U.  6.  nu.  50.  The  Commona  pray  that 
every  merchant  may  lawfully  transport  all 
luauiier  of  hides,  calves,  skins,  coney  felts  and 
tallow ,  to  what  place  him  liketh,  other  than  to 
Calais.    Which  is  denied  by  the  Idug. 

]«y  18  11.  <3,  cap.  d.  LLl>erty  is  gfran  to  ex- 
port'butter  and  cheese  to  any  other  fiave  be- 
sides the  staple,  in  amity  with  tlie  king,  pro- 
vided the  kin^  may  restrain  tlie  same  when  it 
shall  please  him. 

Where  was  tlie  force  of  15  E.  3,  if  w» 
minute  a  thing  as  butter  and  cheese  could  not 
be  freely  exported  without  an  exjiress  statute? 
And  that  it  is  obtained  upon  such  uigent 
reasons  as  are  ineiitioncd  in  the  statute,  and 
granted  ton  hut  conuitionally,  with  a  saving  af 
the  kiuff's  right  to  restrain." 

This  may  suftiee  lor  making  out  the  finl 
head,  that  the  staples  to  w  hich  all  merchanli 
are  obliged  to  repair,  were  principally  instituted 
and  appointe<l  hy  the  king  alone  ;  and  that  the 
statute  of  io  K.  J,  is  wholly  repealed  by  tbe 
bus  fir  settling  tiie  staples. 

Second  head  ;  in  the  next  pbce  I  shall  ofc 
some  authority  to  make  out  the  king's  undoubt- 
ed right  to  u:rant  liberty  of  trade  to  other 
places,  after  the  staple  was  fixed  at  Calais. 

My  lord  Coke  in  1  Inst.  282.  is  much  intht 
right,  in  affirming  the  staple  was  continmJ 
at  Cakiis  above  200  years,  thoi^h  he  be  mi^ 
taken  in  another  assertion,  as  I  l&ave  fuBf 
shewed. 


fiiltlwiU  admit  the  staple  nt  last  ftxefl  at 
Cillitt  hy  41    H.    S»  atiU  titren^tlienetl   and 
KDnd^xtlif;  (irnAltv  oi   iorfciium  I  be  ot' 

.  Jul  and 
.,  u«'*ut  .#^ri,v.^  I,,  tia^i:  toother 


neral 

ucrh 

>our 


li;f  iif  di«{M'] 

«  full         .1^    .',  1    1.  :  •■    .  i  'I     . 
'«f  liwf  ITOWV. 

Bttt  1  i(baft  rmtfhc 

llntrafrr. 

ibiiawirci  hail  a  (lei-Miidr  _ 

yuAid,  or  ilm^n  ti»to  qttii«iion  in  any  times  tiJl 

thm  aioi  ^^  Brrmck  tiiul  Ne«rcafitle  have 


m3*<trtf(o  initancefi  of 

ipear,  by  what 

iber  otter  thai 

pi  erog alive  not  ilis- 


fi«irfdetrtm»it 


-rn,  which  being' 

i  venue,  arisiflj^ 

.^ct  ofjiarliameiit 


ITS]  STATE  TRIALS^  S6  Cfl  Aatfts  If.  1684,— TOf  i?:,  /.  Company  v,  Sandifs.  [474 

Till  It  eooU  aoi  be  Mmof  <d  bm  by  act  of       The  defendant  plends  a  licence,  19tU  May^ 

31  Eliz.  to  GilbtTt  Lee,  his  factors,  ex*x^iitonv 
ilepuiies  and  assij^necs,  to  eiLport  she«?p>ftkiiuil 
for  ten  years,  nut  exccFiling^  *2U0,000  io  nnj 
one  year ;  if  it  hopj>ened  by  any  restrnint^ 
any  other  cause,  they  shoiih]  not  e,T]ir>rt  tha 
number  ;  and  pleads  In  at  Let  a«6i^ed  to,  am 
nominated  8coi  to  execute  the  letters  puti-nti 
with  the  continjy^cnt  utaiis;e» :   And, 

That  Si'ot  at^^i^ns  to  the  defendant,  \ritboci 
any  express  mention  of  the  eonting*  nt  clause 
and  pleads  lie  was  hindered  during  tlie  t«;vm  {I 
and  justitie^  for  the  expoHation  afterwards. 

.4Jt  the  eourt  heUl,  that  lliis  i^sis  a  dinprn'^ 
satioo  the  kin^  might  grant  to  Lee,  tlie  tir  ^ 
patentee. 

But  judi^nient  waa  given  agaittst  Hawes  tli 
defendant  upon  these  reas^mit : 

Firsts    Because  being  a  dispensation,  it 
not  as«ijrnable. 

Secondly,  That  though  8cot  might  have  lh 
henetit  thereof,  as  uotuiuated,  yet  he  could  tiO§| 
nouiinate  over. 

Thinlly,  The  advnntaire  of  the  future  con* 
tittgent  in  nut  assi^aljle,  llilhn  3,  et  Paficb^ 
4  Jac.  Banco  He^is,  Ho.  126.  Hale's  CJommo 
Placa,  tit*  Monop.  cu.  3. 

Third  Head ;  Jn  the  last  place  I  shali  shew^  I 
that  the  Ff i^dation  and  managery  of  the  fo*  ] 
reign  tradt:^  in  atl  cases  where  acts  of  parlia^J 
meiit  had  not   particularly    interposed,    hati 
bc^n  guiiled  and  i^overned  by  the  prerogative, 
of  the  ci'own^  both  iu  point  of  hceuce  ana  pro- 
hibition. 

That  the  foreign  Inide  was  at  first  transact^ 
and  carried  an  by  foreigners!  is  most  evident 
from  ^la^na  Chartu,  which,  a*^  to  Uiis  trada^J 
provides  only  for  ih w\ffu  tiierchiuits. 

And  if  any  Eii^lisjli  hiid  ut  that  time  <'xer« 
eised  such  craft,  or  bud  had  the  least  pretcuc«>] 
therein ;  no  doubt  can  bf,  but  the  GrvaiC  hurlet f 
of  their  liWrties  wouUI  have  maiie  Hoine  iiro^ 
virion  for  them^  as  well  as  foreigners  ;  woio 
it  doLh  noi. 

The  Statute  of  Acton  Bume!l)  13  E.  1,  in* 
troduced  the  Statute- Merchant  for  the  henelifj 
of  uterchant-strangerSf  for  the  more  Bjiei^di 
recovery  of  tlieir  dtbis. 

For  the  only  mischief  the  Statute  takes  no- j 
tice  of,   waSf   that  the   merchants  withdren 
thcmsefres  from  coming  into  the  realm  vvjtlij 
their  merchandize,  because  there  was  no  spt-tdy  J 
law  provideii  for  recovery  of  their  debts*  [ 

I  have  not  met  with  any  footsteps  of  anyJ 
record  to  make  it  out,  that  iu  the  riign^  q| 
E.  1,  or  E.  2t  or  before,  any  Eng^h«h  nief^ 
chants  ever  cnterprized  the  foreiarn  trade. 

But  in  those  kings'  rt  i^nti,  the  foreign  tru 
was  managed  by  tlie  km^'t*  charter:*  to  f<»«J 
reipiers;  for  though  I^lagna  Charta  ga^e 
general   safe-cnnduct  to  merchanl-straugeif,! 
yH  tlie  kin^  might  prohibit  ihem,  and  aite 
such    prolubitiuu  might    hceuse,    as   1    havi 
.^hewn  lie  did. 

And  thei-efore  the  foreisn  tnercbants  had 
recounte  to  the  king's  cTiarterSf  wIa.  (* hartal 
Mercatoria,  by  E,  1|  oud  the  chaiter  to  thej 


!^d, 

»nkt  *1 
3.    A 

^,1.  tr.. 


Denixeiuit  who  shall  take 
any  place  but  the  staple, 

•  such  licences 
I  .  nt;  27    H.  6, 

L  oiiln'  klug'a  ofHcers  in 
'le  niuUitude  oi^  licences 
«hun  the  smple,  the  re^ 
^  («unk  from  fiit,a00/,  oer 
ann.  all  licences  before 


R.  3»  fol,  I'J.  pari.  16, 

In  en  re  grala^•d   to  the 

•iri'.  ,.  rio.lv,  oiihe  staple 

nh  being 

-  •  '■    i    '^Hih. 

lii.   which    i    het'ofc  njeiiiionc<l, 

katlowrd  of  thf  king\  prerogative 

flitniii|fer«  to  come  into  England^  tho' 

il  bv  •et  of  piiilnunent 


.afurnit/f  * 
kiac  mir  h 

k7:  id  ^ 

aQHrtaoCcum 


13  IL  cap.   3.  prescribed 

It  yet  It  was  resolved  the 

iH  licfure  at  common 

and  lt\  E,  4,  fol.  9. 

L.  ,s  tixy.  vu.  the  exportation  of 

was  proiiibited^  except  to  Ca 


lt»  saai  Cl^seolgn 

Hrf  M«|  iiidi^iii«nta  were  pi^ferred,  36  Edw. 
X  agaiost  JttUa  Lamb,  Andrew  Tavcrner,  and 
«v«al  6tlMr  -fuercbaul^,  for  exportini^  great 
fmMSl^tm  oi  eom  and  gntin.  They  neverally 
flaM  ih*  king'M  hc'rnces^  mentioning  the 
iHWiitim.  and  lu  som<i  of  thtm  tlic  certain 
>  til  uUch  the  com  ww'*  to  be  carried  j 
I  Atlian  gieorraily,  *  ad  quascunoue  paries 


|inHrr 


iJUffi 


quascuno 
ae  Munil 


Munitin  Itegts 
PI 


cd.    Treasury,  Ini 
E.3. 
iiijL.  jAfohibited  the  eicpovtiition 

_ir,  Site.  1,  ^haw  bring!*  his  action 
Uawct  uj^u  that  Htalute. 


475]  STATE  TRIALS^  S6CKAmLBS  II.  ]684.-*7Xe  Greai  Ca$eifM§MfoliM:  [478 


■OFTchuits  of  the  Hans,  or  tho  Still -yard, 
which  I  have  mentiunL-d. 

And  6  £.  3,  the  Gascoi^ers  foiiiuleil  them- 
selves in  their  difference  with  tiic  city  of  Lon- 
don, 20  E.  1 ,  upon  their  privileges  granted 
them  by  the  kings  of  England. 

Indeed  the  men  of  Gnemsey,  32  H.  3,  ob- 
tained a  licence  from  the  king  to  them  and 
their  heirs,  freely  to  tish  and  to  sell  then*  fish 
m  any  of  the  king's  dommions  thrice  in  the 
week,  between  the  feasts  of  Michaelmas  and 
Easter ;  Par.  Roll.  32  H.  3.  mem. 

The  earliest  attempt  towards  a  foreign  trade, 
I  find  enterprized  by  the  English,  is  the  fish- 
ing trade  upon  the  seas,  11  £.  3. 

At  which  time  the  king  granted  licences  to 
the  men  of  Yarmouth,  Scarborough,  Whitby 
and  Dunwich,  to  them  and  others  repairing  to 
those  towns  to  fish,  to  fish  in  the  sea  with  ves- 
sels of  thirty  tuns,  *  Quibuscunque  inhibition* 

*  teu  Mandatis,  N8.  in  contrarium  factis  non 
<^obstBntibn8;*  Rol.  Clauso,  11  E.  3,  pars  se- 
cunda,  Membr.  35. 

Though  these  licences  were  intended  only 
to  extend  to  the  narrow  seas,  whereof  the  do- 
minion was  in  the  king ; 

Yet  by  colour  of  these  licences,  the  English, 
about  the  latter  end  of  H.  4's  reign,  made 
fishing  voyages  to  Iceland. 

Whereupon  H.  5,  at  the  instance  of  the 
snhjects  of  the  king  of  Denmark,  prohibited 
the  English  to  fish  there. 

And  thereupon  the  parliament,  3  H.  5,  pntyed 
that  it  might  be  enacted,  that  the  English 
imghi  freely  fish  there. 

Which  was  dcnieil  by  the  king,  3  H.  5,  nu. 
33.  Rolls  Prcrog.  170,  whereby  it  is  evident, 
they  had  no  right  to  do  it ;  but  that  the  king 
might  prohibit  them,  it  being  a  foreign  trafiir, 
wherein  no  act  of  parliament  had  made  any 
provision. 

Afterwards  the  same  king,  in  the  5th  year 
of  his  reign,  grunted  li<;eii(!es  to  Geoftery 
Pamping  and  John  Hastings,  of  Yannouth  ; 
John  Statrill  and  Richard  Pais,  of  Winterton ; 
William  James  and  William  Marriot,  ofCo- 
rowmere;  to  go  vtrstts  Furies  ex t eras  to  take 
fish.    And, 

That  every  one  of  them  might  employ  two 
ships  called  doggers,  to  take  fish  and  bring  it 
into  England  by' themselves,  attoriiies  or  ser- 
rants.     Par.  Rot.  5  M.  5.  ineinhr.  34. 

E.  1.  betbre  any  ^Statute  made  therefore  by 
proclamation,  prohibited  the  exportation  of 
Rorses,  arms,  money,  gold  and  silver  vess<ds. 
Home  men  bf  Dartmouth  were  proceeded 
against  by  information  in  the  King's- Bench, 
lor  exportmg  money  contrary  to  the  procia- 
mation :  Udl.  1  Eliz.  2,  ICot.  33,  amongst 
the  records  in  the  treasury. 

The  crime  in  the  infiirniation  is  said  to  be 

*  rontra  iKhcem  Domini  Regis,  Conteniptum  et 

*  Inobedientiam  Coronseque  suab  pi.  judicium 

*  et  Pacis,  sive  perturbationem  manifestam.' 

To  which,  those  of  the  defendants  thut  were 
taken,  pleaded  not  guilty,  of  whom  one  after- 
mudB  oiedj  ami  another  was  employed  by  the 


king  into  Scotland.    So  the  Rcord  ends  with  a 
continuance  of  the  issue. 

Rot.  ClaiKo,  41  E.  3,  membr.  35.  A  writ 
issued  to  the  mayor  of  Hull,  that  he  permit  no 
alien  sliip  to  be  freighted  there,  till  the  shi^ 
of  the  town  were  freighted. 

It  is  evklent  upon  what  I  produced  mider 
the  other  head  from  the  ReccMrds  of  Putia^ 
ment,  1  H.  5,  nu.  41,  and  18  H.  d,  nu.  50^ 
that  the  Englnh  merchants  had  not  then  any 
right  or  general  liberty  to  export  to  what  phoiBS 
-they  pissed  any  sort  of  merchandises,  though 
not  staple-wares. 

Bnt  such  petitkms  were  denied  in  both  these 
kings  reigns;  yet  at  that  time  there  was  a 
company  of  merchants-adventurers  lioenssd  Is 
trade  into  Holhmd,  Zeaknd,  Brabant,  FiuMkn, 
and  other  parts  beyond  the  seas,  erected  for 
the  rule  and  government  of  all  English  mer- 
chants trading  into  those  parts ;  anl  aH  who 
should  trade  there,  enjoined  to  be'obsdient  to 
the  rules  of  the  Company. 

But  it  was  not  objected  to  those  kings,  that 
some  were  licensed,  and  others,  mitenthej 
would  be  subject  to  die  rules  of  the  Compiay, 
were  restrained. 

The  Company  was  erected  hy  letters  ph 
tent,  5  Feb.  8  Hen.  4,  and  confirmed  hy  H.  5, 
1  Oct.  1  H.  5,  and  confirmed  by  H.  6,  JaJy, 
8H.  6. 

That  the  merchant-  adventurers enjomd  their 
privil^^es,  and  permitted  none  to  traoe  widua 
their  limits,  who  submitted  not  to  die  rule  of 
tlie  company,  and  who  should  not  be  esalri- 
butors  to  their  public  charg^es,  is  evident  fnm 
the  Stat.  12  H.  7,  cap.  6,  insisted  on  by  Mr. 
Pollexien ;  but  was  made  use  of  by  him,  only 
for  the  historical  part  of  it  contained  in  the 
petition  presented  hy  the  merchants  to  the  pnr- 
iiament  for  their  liberty  of  trade ;  whieh  hy 
what  I  have  already  sliew(*d,  could  not  he  true 
as  to  the  staple  wares,  unless  thev  have 
licences  from  the  king  (which  in  all  probnbilitj 
they  had)  to  certain  places. 

And  what  is  it  they  pretend  to  in  iSbat 
petition  ?  Only  freedom  to  repair  to,  and  tnds 
at  the  four  general  marts,  which  being  anna- 
ally  lield  and  proelaiiued,  was  an  invitation  ts 
aM  neiglibouring  nations  to  repair  thither  ;  and 
all  English  merchants,  as  well  as  others,  if 
they  hud  lain  under  no  restraint  from  tbs 
C'(»ini>any's  charter,  or  other  prohilntion  oflhe 
king,  niight  have  repaired  Uiither  with  thdr 
cloth  or  other  wares,  not  being  staple  wtrs^ 
without  oifence,  as  I  before  admitteff. 

In  case  there  had  been  such  a  right  to  a  ftss 
trade  to  ail  nations  in  amity,  as  thepe<" 
suggests  (for  as  yet  the  merchants  retain  i 
modt^sty,  not  to  pretend  to  a  free  trade 
aliens,  not  in  amity,  much  less  witli  infiddf* 
whom  the  laws  of  all  Christian  countrisi 
adjud^  alien  enemies) : 

This  had  been  the  proper  time  for  the  pw* 
liament  to  have  asserted  that  right,  and  ad- 
judged the  patent  illegal,  as  parliaments  I 
trHpiently  none  with  patents  which  have  I 
agaiiust  law :  hot  the  parliamait  knewo*! 


mmwMmceis  prmi  lu  me  charter  ;  only  \\mr 

t4  tKft   iijif^  liuiUpd  to  10  iHnrkii. 
accoffte^'  iiier  al^envards 

licdbv  U    .        ;  ii^ed  to  take  no 

BOfvafafiy  |»tm*ti  aiiinill^d  iot^  iMt  com* 

A.  Mid  Umy*  m  Fdi.  i  «iid  2  P.  and  M. 

I A  oiqMyratM»ii  ofmercltaot  iMlveniurera 

a«il  piuU  a(\|ao^itt,  with  lic*(^DC(f  li> 

d  prottiKilinu  to  otherfi,  u|ii>i]  pain  of 

lliai  l^i  fbcuitiire  niigiit  his  clTcdiMl^  tbe 
lktg%athemSiW0^^  ITHriiAtnenl,  B  I  Hi/. 

liii  Mi  Ithm oolke,  thm  seveial  persons, 
dls  Hustniif*  ^«-«  f>^*n>  1  iw  .u  i;.  ir.l  at  ib«co»t 
of  riiv  COfivptti;  ^  >rtit  utterly 

lbtfta»r  tiC  tbr 

if  lbs  cotnatMWcailit, 

<il«rv  M  4  fnJl  ikuc^iplioit  (mutato  nomine) 
€  lilt  fkteiiinl  Mui   litf  iatfrlopiug  com- 


iiihix^  f^ft\f, 


.Ji, 


tenor 
lerty 


llHj  STATE  TIUALS*  36 CHABl-EsIL  l6B4,.^The  E.  L  Ctm^ni^  t,  Sandys.  [478 

ibe  kingdom  I  the  subjectt  traditig*  aeveralfyt 
HiUioiit  any  nik  or  ^remment,  in  ibreign 
part*},  m^on  the  account  nf  the  fi^tieral  lavr  of 
reprizalSf  which  obtains  in  nil  nationiv. 

Whereby  every  subject  und  bis  goods  4re 
liable  fur  the  injuries  and  wTongs  committed 
by  any  one  j  whicli,  i[i  the  tmire  bcrburotis 
counirtos«  la  exeiulud  with  ginait  barlitirity. 

And  thexcfore  U,  Eli/abetJi  in  the  directtiqii 
of  foreign  trade,  iosteml  ul  ^tapks,  im-  the  rule, 
order  and  government  of  merchants*  at  csettaiii 
placefi,  foUowed  the  precedents  of  the  ttier* 
cliantj» -ad venturers  and  Btimia  compani^^  by 
erecting  corporations  of  mercbants  lor  Ibe  ruf^ 
and  gorcrnmeut  of  the  fbreif^  trade, 

Wiiieli  companies,  as  tbey  are  profumed  to 
have  a  better  state  to  answer  ^  injarieg  dona 
in  foreign  parts^  than  any  sia^le  person  can  b* 
prt^unved  to  have : 

So 'in  their  very  constUution  are  more  re* 
sjKMiHible  to  the  law^  for  their  minderaeanor,  by 
Uno  WtrraiitOB,  vv hereby  tbey  may  lose  tb^ir 
liberty  of  trade. 

It  IS  rery  donbtfnl  H^hether  licences  granted 
for  traile  to  single  |ion»ons,  may  be  forfeitodt 
they  pasnng  an  interest^  if  the  licence  to  go 
beyond  sea,  to  trade  or  otherwise,  be  for  a  cer- 
tain time,  as  ra(»st  lioencesj  were.  It  is  held  by 
thejndges,  2  Eliz.  Dycus  170,  in  t*ie  case  oi 
Mr.  BarueB  and  l^ie  dnrliess  of  Somerset,  that 
the  licence  is  not  revocatde. 

The  queen,  in  her  reign,  erected  many^sor- 
j>orations  for  foreign  trade  :  I   shall   mention 
only  some,   which  bare  been  publicly  idem . 
notice  of,  and  received  allowance. 

Xr  June,  2  £li/.  The  qoeen,  by  1«tto« 
patent,  incorjiorated  seveml  merchants  of  £x* 
eter,  and  gave  them  licence  to  trade  into 
France  ;  and  that  no  artificer  should  be  ad- 
mitted of  the  companies. 

The  prohibition  wan  not  general  to  her  otlier 
subjects,  but  only  to  tlic  men  uf  Exeter. 

i'he  company  enjoyed  tlieir  hbertiesall  tho 
qneen^H  reign,  and  tfoorished  under  them  till 
J  Jac. 

When  by  act  of  parliament  the  trade  was 

f.n.  lu  ,  1   n  1 1.1  treneral  licence  given  to  trade  with 

n  and  Portugal,  and  the  domi* 

\\  hereupon  a  question  arose,  wWther  theil^ 
charter  wins  not  set  aside  by  the  geucra!  viords 
of  ^1  Jac,  and  therefore  4  Jat*.  caji.  9,  it  is  en- 
acted, and  declart;d,  *  That  ttie   said  frcneml 

*  act  doth  not  nor  nhall  di^^olvo,  annibifntf,  «r 

*  impench  the  said  cbwrttr,  or  the  naid  c*»wi- 
^  pany  in  any  cif  their  pri%ih<L^s,  hbertte^  or 

*  inmiiiiiiUi;s.  grunted  \t>  tlieiii  by    the    Maid 

*  clwiJ'ti  i  '       iiitl  guiieral  act  to 

*  tbecf^  :\^ 
This  u«v  .uini u  ii'i  iir  1^  initx*  lo  tbo  chArtiT, 

but  enacted  and  dt^clared  it  lo  lie  out  of  ihe 
pro^isiiinof  3  ,lat%  for getierullktmc*?  to traclo 
mto  tho^ronutri<!»t, 

\V  here,  by  the  judgment  nfilK!  parliament, 
the  quecn*N  power  to  v  -   charters  is 

admiUetl.     For  if  the  j'  .  JM^en  void  in 

UW|  Motv  3  Jac.  to  make  an  mi  of  parlinm«iit 


^ 


By  lllft  jwl^itiieut  of  tJie  parliament  tiieti,  u 
1  tmdr,  under  the  Girder  «iid  rule  of  u 
►  i»'f  '    '  '      ' I L' crown,  wns  thought 
tbenrAciat 
iutk  Innne  thai  imut^tl 
4iWl4ltagm  fia(«nt,  «rc 
tfidtfB.mprgti' 
mivmitL 
ilmii 


lit  from  thinking  all 
trarlc  there. 

»  tlit'lattpr  end 

Mlgji  lAAbeth   nnd  the 

I  mmbasiu    were  nu  doubt  in  great 

IwlMttodo, 

¥m  ^  tb«  fUit,  '2  H.  6,  all  mr, 

i^tinr  Mplv  w^ri'  to  be  carried  to  (  i 

fc  iiafilr  «nks  there,  which  ceased 

•ri^ofCnki«, 

fm  hy  *i   IK  5,  no  nw^n^Uandixcs   itf  tlie 

CotiidT  be  cKporUnl  wLihnut  the  king^s 

,  na  lir»ttgiii  ti}  th  ' 

tlie  iftteen  hiwl  n«»  plu' 


ly  the 


nl  lert  for 


svierwas  ready 
'tid  tti%;uiluHt  ut:' 
sv.iji  taken,  such  an- 
iiirn;  but  the  ploi'ing 
if  lltn  Entctatid  won  Id  \n  n*;elr'<M  noil  itnlfec- 
Mi,  mm!  dcalructt^ c  to  tlir  ipiLuu's  ru^uuueH  in 


,  4,    R.   3, 


M  )  •  At 
JfH  nam  »L 
om]d  noC 


fbf  by  wvcrmi  tawi  made   by  E 
~  fl.  7.   oKMt   l«nqgn  mamilbrt 
finbibti>4,  nnd  grwrt  dsicmmigomei 

ImiliiNi:  ol^llir  Hans  ar 
ifii  few  f(ir«4|tn  miTcl ,  ,,    ,   .,.:j  repair  into 
I  lo  ^iHi  our  coffin(Oilrti*.ti,  wb»*ii  fh«-*y 
r  to  liaitv  I  V  it* I  hut  ready  money, 
m  ^r-'  y  ry  niercbant  a 

K,  a*   I  Ik?  chargeable  to 

I  k  WB%hL  yrute  mischievoiit  to 


479]  STATE  TRIAI^  36  Charles  II.  i6S4^Tke  Great  CoMetif  Mmni^fMu:  [4811 

only  to  declare  it  out  of  tlie  provision  of  that 
law,  were  idle  and  ill ii wry. 

The  queen's  subjects,  for  their  licence  to 
fisb  at  Iceland,  paid  tlie  oueen  a  quantity  of 
ibh,  called  com|M)sition-(i8n,  by  the  act  of  par- 
liament made  6  £li%.  cap.  5. 

Whereby,  for  the  encouragement  of  tlie 
fishing  trade,  the  purfevors  are  prohibited  to 
take  purveyance  or  sea-nsh  ;  the  composition  - 
fish,  payable  by  the  queen's  subjects  travelling 
to  Iceland,  are  excepted. 

The  patent  of  the  Greenland  coro|iany  to  fish 
tliere,  was  held  ^$ood.  Rolls,  1  pt.  to.  5,  in  the 
case  of  the  taylors  of  Ipswich. 

This  trade,  notwithstanding  the  privileges 
granted  to  the  company,  was  ^most  lost. 

And  thereupon  25  Car.  2,  cap.  7,  that  trade 
is  opened,  not  only  to  the  English,  but  to  all 
fbniiguers  residing  in  England. 

The  East- India  Company  was  erected  by 
queen  Elizabeth,  31  l>«x.43  Eliz.  and  renewed 
to  them  and  successors,  13  May,  7  Jac.  with 
prohibition  to  all  others  to  trade  there,  and  con- 
firmed to  them  by  this  king,  3  Apr.  13  Car.  2, 
upon  which  patent  the  question  ariseth  about  a 
foreign  trade,  which  hath  been  enjoyed  by  tlie 
company  above  80  years. 

And  lis  consequence  concerned  tlie  prero- 
jgative  of  tlie  crown,  in  all  the  charters  for 
fordffn  trade  which  have  been  granted. 

Whereas  I  have  shown,  the  most  consi- 
derable part  of  the  foreio-n  trade  hath  in  all 
times  been  managed  nnoer  srants  from  the 
crown,  in  apjpoiuting  the  staples  for  merchants 
to  repair  to,  in  licencing  trade  to  other  places, 
notwithstanding  those  staples  ;  and  in  licencing 
und  prohibiting  foreign  trade  in  such  cases 
u  here  acts  of  parliament  had  nut  made  special 
provision. 

I  now  proceed  to  consider  of  royal  licences 
l<y  act  of  |»arliament. 

It  will  lie  inHnite  to  take  notice  of  the  se- 
veral statutes  made  relating  to  foreign  trade. 

And  therefore  1  shall  at  this  time  offer  some 
general  olist^rvntions  upon  tliciu. 

Observ.  1.  Lpon  (!.\amining  into  the  antient 
lawsibr  forci'^n  tr?.de«  it  will  be  found  that  there 
are  far  more  laws  tin-  lostruining  the  exercise 
•)f  foreign  trade,  by  Kuglishmen,  tliun  there 
ai-e  for  o|)ening  of  it. 

So  much,  that  for  a  long  time  whilst  the 
stanle  was  in  England,  they  were  pruhibiled, 
under  severe  penalties,  not  to  export  any  staple 
ware ;  and  when  the  staple  was  removed  be- 
yond sea,  they  were  confined  to  Calais,  and 
such  liberty  of  trade  to  other  places  as  the 
kings  fi-oni  time  to  time  had  granted  to 
corjmrations ;  and  single  persons  were  fre- 
quently taken  off,  though  the  king's  preroga- 
tive to  grant  them  was  never  yet  impeached 
by  any  statute. 

The  great  discouragement  to  them  by  fo- 
reigners first  began  in  the  reigns  of  Ed.  4.  11. 
.3.  and  H.  7.  But  in  those  kings  reigns,  the 
English  were  strictly  held  to  the  staple,  unless 
licensed  by  the  kings. 

This  oUervaiiot  is  made  out  of  the  several 


laws  I  have  toached  upon,  end  many  i 
which  are  in  the  statoles  at  large  tkrt  M 
printed. 

OlaerD,  2.  There  was  nerer  yel  eiiT  lb" 
tute  made,  that  gave  a  general  liMrty  of  Mie 
to  Englishmen  to  or  with  all  natmtf ;  but  vIhI 
were  made,  were  special  and  peiticalar. 

The  only  hiw  that  had  any  reseniblaaee  to 
any  such  purpose,  was  16  Ed.  3.  so  ibimIi  u- 
sisted  on,  which  has  been  sufficiently  ahiaiy 
shewn  to  import  no  such  thing ;  and  the  se- 
veral attempts  in  parliament  to  ha?e  inbe- 
duced  a  greater  liberty  of  trade  with  fiNWB 
nations  m  amity,  and  the  jMurticiilar  lawi  fiiat 
liave  been  made  for  licensing  aooie  tndesy  do 
fully  arpue  that  the  law  was  never  nBdentood 
to  intend  any  such  matter,  as  a  geaenl  lionet 
to  trade  every  where. 

Observ.  3.  The  several  special  statutes  dot 
have  been  made  for  liberty  of  foreign  trade  to 
particukir  countries,  or  fur  particular  ooohbo- 
dities,  are  introductive  of  a  new  law,  and  not 
declaratory  ;  and  do  plainly  argue  the  king's 
right  before  to  prohibit  some  m  them  in  ex- 
press  terms,  otliers  by  necessary  implicatioo. 

I  shall  instance  in  some  of  them,  the  blat 
17  Ed.  1.  Ordinatio  pro  Statu,  &c.  UibenuB, 
opens  tlie  trade  from  Ireland  to  Engfand  lad 
Wales,  for  the  Irish  commodities. 

Whereby  all  merchants  have  liberty  gnmled 
them  to  im[x>rt  their  merchandize  into  £ii|^buid, 
but  so  that  they  give  good  security,  that  they 
sliall  not  go  unto,  nor  commerce  witb  our  coe- 
mies  of  Sootlanil,  nor  others  of  onr  enemies. 

This  law  restrained  the  subject  of  no  Uboty 
he  had  before;  and  therefore,  if  the  mefchant 
had  before  sucli  general  liber^  or  right  to  im- 
port those  commodities,  his  right  of  trading 
would  have  excused  his  giving  any  seciirily  ; 
which  is  not  uiiposed  by  Uw,  otheiwise  tiian 
as  a  precedent  condition  to  a  right  oonfmed 
by  the  statute. 

This  law  o|)ened  the  trade  from  Ireland  to 
England,  as  well  to  foreigners  as  Englishmen; 
but  it  is  extended  only  to  Irish  commodities: 
for  the  ex|)orting  of  English  commodities  into 
Ireland,  continue<l  to  be  managed  under  the 
king's  licences  till  Edward  3. 

And  if  any  did  to  the  conti-nry,  he  was  mb- 
ject  to  fine  «ind  ransom  for  his  contempt,  as  ap- 
peared by  'Si  Ed.  3.  cup.  17.  whereby  the 
tnifle  is  opened  for  English  and  other  ooniBO* 
dilies  into  Ireland. 

By  that  law  it  Ls  accorded.  That  all 
chants,  as  well  aliens  as  denizens,  may  i 
into  Ireland  with  their  merclianilize,  and  I 
thence  li-cely  to  retam  without  line  or  i 

This  law' extended  not  to  the  English 
chants,  hut  only  to  the  aliens  andd<mizens. 

In  the  next  chapter,  cop.  18.  the  Engli^ 
are  pro^  ided  for,  who  had  not  so  laige  a  likertr 
granted  them  as  the  aliens  and  denizens  bad. 
The  in  chap,  provides.  That  the  people  ef 
England  who  have  heritage  and  possessions  in 
Ireumd,  may  bring  their  com,  beasts,  and  fie* 
tuals,  to  the  said  land  of  Ireland,  and  ' 
thenoe  to  re-carry  their  gooda  and 


mS]  SnUR  TRIALS^  SfiCHAmLBsIL 
fnclj,  without  iin|ieacli- 


Thv  liberty  of  exporting  intolrelaaci,  cpranted 
!•  tl»  Eai^iihy  b  restrainetl  both  to  icach  Enc- 
Ui  who  had  tencU  in  Ireland,  as  also  in  tbc 
■itoof  the  coiMnodities,  tIz.  corn,  beauts,  anil 
vktoaboBly. 

B^  the   liberty  to  export  from  Ireland  is 

hifpii ,  extending  to  nil  commodities,  aocorrKnif 

li  the  btkade  of  Ordinatio  Hiberuic,  wliicii 

iMk  in  ell  Iriah  commoditiei. 

38  £.  3.  cap.   11.     The  kin^  wills  of  his 

and  BOliermnee,  ^That  all  merchants- 

a,  that  be  not  artifiiHMv,  shall  pass  into 

to  fetch  wines ;  and  that  the  Gas- 

,  and  other  aliens,  may  import;  al 


*  WMi  eaTcd  to  the  king,  that  it  may  be  lawful 

*  la  MID,  whensoever  it  ia  adt ised  hy  his  coun- 
*cit,  to  ordain  of  this  article,  as  best  shall  srem 

*  li  hba  for  the  profit  of  him  and  his  com- 

IW  b  expresaed  to  be  an  act  of  grace,  and 
'  '  mm  saving  of  the  kinji^'s  ancient  prero> 
18  H.  6,  cap.  3.  which  I  before  mcn- 
:  fiir  liberty  of  exporUitiou  of  butter  and 
m^  enresly  saves  the  kincr's  ri«rht,  pro- 
I  die  king  may  restrain  the  same  when  it 
^  enaehim. 
To  Ban  hy  many  ancient  statutes  of  like  na- 
Inre,  iM  a^  of  tonnage  and  poundage,  12  C  2. 
whbh  gives  liberty  of  exporting  divers  com- 
wndilhai  which  the  kingit  of  England  might  in 
aH  ttMB  prohibit,  as  to  gimpowder,  arms  and 
Maamitmn^  expmaly  saves  tlie  king'^s  right,  to 
pnhiliit  hy  proclamation. 

9  i.  cmp.  6  whieli  is  the  largest  licence  for 
fa^|B  trade  that  was  ever  given  to  any  Eng- 
IwbaMB  in  pari  lament,  by  opening  of  the  trade 
lilllpaiD,  Fortiigal,  and  France,  and  the  ilomi- 
■boi  thereof,  fiil^  proves  the  kiog's  prrro- 
fMbe  in  tfab  matter,  hoth  in  the  tiilc  and  Imdy 
ifiheact. 
IW  title  of  the  act  is,  *  An  Act  tn  enable  all 

*  hb  majesty 's  ktving  subjects  of  England  and 
'  Wales,  to  'trade  freely  into  the  dominions  of 
'Ipain,  Fortugnl,  and  France.*  A  very  im- 
Mper  title,  if  so  be  the  kingN  subjects  were 
■date  enabletl  tn  do  it,  and  had  a  right  to  do  it 
fty  the  common  law,  as  is  pretende<l ;  and  would 
■I  he  restrained  from  it  bv  the  kin;^.  And  no 
dMibCcan  be  made,  if  such  right  had  been,  but 
ttv  parliament  woold  have  vet^n  it,  being  very 
b^aistti74>  at  this  time  into  all  the  subjects  riglitic, 
IM  vcr\'  jealous  lest  any  of  the  ancient  rigl.ts 
tf  EngTithmeB  should  be  invaded  by  K.  J  ami's* 
doling  trorn  another  nation,  and'  would  not 
kwe  eoiDplimented  the  king  with  the  title  of 
m  cBBbihisr  bw. 

The  leaaons  from  the  body  of  the  act  are 
ttwg ;  the  reaM>na  offered  tor  such  general 
Ijbily  are  eoly  politic,  none  drawn  from  the 
^^^arany  ancient  usage  the  Euglish  could 


1684.— 7Xf  £.  /.  Compamf  «.  Sandys.  ftSt 

*  barred  from  the  free  ealargemenl  of  com* 

*  mou  truHi*:  into  those  domiDions.' 

Which  were  not  true,  if  tlie  other  snl^ectd 
had  before  a  right  to  trade  there,  but  the  pa- 
tent woutti  have  lieen  void  against  them. 

3.  Then;  are  no  declarative  words  of  any 
former  right,  but  nnly  of  enacting,  and  prrovi- 
sional  f«H*  a  I'uture  lilierty,  viz.  '  That  H  shall, 
'  and  may  be  lawful  fi*oin  henceforth.' 

4.  I'hc-act,  in  exprchs  words,  jfirovides  only 
against  tlie  mischief  and  iiifavnveniences  wbicU 
may  grow  or  redound  u^un  the  patout,  and  to 
redrc!i.<tany  injury  dune  hy  the  patent 

.5.  The  liberty  granted,  is  restrained  to  be 
in  such  sort,  and  in  as  free  a  manner,  as  was 
at  any  tiiiie  accustomeil  since'  the  beginning 
of  the  king's  reign,  and  before  the  late  charter 
ofincorporation. 

M  hereby  it  appears,  tliat.tkc  nsage  to  trade 
freely  into  these  countries  wiihout  ii^ces»wa9 
bat  from  the  untraii<»  of  king  Jaroe^  ; 

The  statute  referring  to  no  oilier  free  usage ; 
And  therefore  this  act  did  not  over-reach  any 
charter  granted  by  queen  Elizabeth,  astvas  at- 
tei-wards  declareil  in  the  next  fiartiamcuts,  4 
J.  ua|i.  9.  in  the  case  of  the  charter  to  (he  mer- 
chains  of  Exct#T,  for  the  French  trade  granted 
2  Elix.  which  1  litfore  uientioucfl. 

Obterv.  4.  That  all  ac.t8  of  parliament  which 
grant  iicenre  of  ti-ade,  do  suppose  the.  other 
fbunilation  of  foreign  trade  to  liAiveContinuanre, 
viz.  according  to  leagues  with  Ibri'ign  princes. 

For  no  act  of  parliament  ever  gave  hcence 
to  traile  wi!h  aliens,  not  in  amity  ;  and  if  the 
leavo  be  determined,  tlie  liberty  is  aospeniled, 
Uiinigli  granted  by  parlbment  till  tbc  leave  be 
renewed. 

Obicrv.  .5.  The  last  tiling  I  shall  observe 
upon  the  laws  that  give  licence  of  trade,  is, 
th:it  where  lil)erty  of  trade  is  uriven  by  act  of 
narlianirnt,  wittiont  any  reservation  to  the 
King  of  hi.s  ancient  rigfit,  the  king  in  such 
case  hath  so  lM>iind  up  liini!M.*lf,  thai  he  cannot 
generally  prohibit  or  restrain  that  trade 
w  herein  he  hath  granted  his  subjects  an  in- 
terest hy  a  law. 

F«ir  a  general  prohihiiinn  or  restraint  would 
amount  to  a  re|M'al  of  a  law,  which  the  king 
cannot  do  \iithout  an  act  of  {mrliament. 

1'he  law  will  he  the  same  here  as  in  the 
casf^s  wlien^  arts  of  |»arliament  i^o  generally 


•  Iha  aot  ia  its  rvdtal  admit*,  '  That  by  the 
*iHbM  painit  forincorporatiue  the  Company 
*ii  tnda  ioto  Spaia  and  Portugal,  his  ma- 
<)Myb  Biha  anloaota  vrasa  disabled  and  4b- 
taux. 


pVOiJi'j 


whore    gont-ral    licences  wouM    lie 


void,  lM:f»it!se  tlioy  t<viil  to  rc|H>al  a  law. 

l/jiori  iliis  ground  iIjh  licrnr'e  in  Darey's 
crsr.  t;«r  tli:*!  j.i.rt  w')«:'h  cmci-mrd  the  iiM- 
pnrfjLMou  orf,rrit;ii  ofi!'',  w.is  ji'di'-nl  void  in 
l:".v,  !ri  cpwsc  tor>  gel;  .r:?!.  not  iimiii'il  to  any 
certaif^tv. 

Hot  fue  king  rmy  in  |.nr«i«'»ib.r,  and  err- 
tni:i]y,  flispenwandlicent  J  ng.unst  pridiihiting 
uiauites. 

Aiid  so  he  inoy  I"  pa:tif'ul:ir  restrain  thi 
persoiisof  J''s  suli'rK't:  lW»m  t'oiiitj  b<'yotid  tirtj 
seas,  uot'T/lvstar-iiv.;  imv  of  ihc  laws  wltif:li 
giv'J  IjCvnse  r,;'  lr:ni  ■  : 

But  crt»Ji:i«:  •:r::v..  ?»  nslminr  of  prohihitiou 
geuerailv.  v-iieieui;*!  oi);urlmi»vmt  havesriven 

'2  1    ^ 


483]  STATE  TRIALS,  36  CHAmLRS  II.  l6S4^— The  Great  Coup/ MmuijpJia:  L^M 

a  general  license,  unless  it  be  in  special  cases  ; 
and  for  a  time,  w  here  the  interest  of  the  |tub- 
Lc  requires  it ;  as  of  the  plagfue,  and  ftimisb- 
iof  out  of  the  kingf's  navies,  in  time  of  war 
fi'itli  any  prince.  And  tliereibre  I  shall  admit, 
that  if  any  public  law  can  be  produced,  which 
t^ivfs  liberty  of  trade  tor  all  tlie  king's  sub- 
jects, to  the  jud^,  that  this  patent  will 
be  void,  as  a  restraint  of  that  liberty  ai^nst  law. 

Upon  this  ground  the  Canary  Patent  was 
held  void,  beouisa  ai^aiust  the  express  liberty 
granted  by  S  Jac.  and  therein  saved  ;  or  of  the 
common  law  monopoly,  by  restraining  the  right 
of  others  against  an  express  law,  for  ihe  benefit 
of  a  few. 

Upon  tlie  same  reason,  the  grant  of  Philip 
and  Mary,  that  all  succt  wines  should  be 
landed  at  Southampton,  was  against  several 
express  statutes,  tL'\A  the  rights  of  several  free 
ports,  bf  fore  gran  red  by  the  crown  to  the  city 
of  London,  and  others,  as  27  Ed.  3.  cap.  6. 
whereby  merchants-strangers  had  liberty 
graiiteffto  bring  thfir  wines  to  what  port  they 

f  leased  ;  and  43  Ed,  3.  whereby  the  Englisbj 
rish,  uid  Welsh,  had  liberty  grant«l  to  fetch 
their  wines  and  bring  them  to  any  parts  of 
England,  In^land,  and  Wales. 

And  therefore  was  repealed  in  parliament  of 
I  Eliz.  Rolls  2.  Rc|L  112.  whereby  it  appears, 
that  the  parliament  in  the  quc^en's  time,  were 
vigilant  enough  to  take  notice  of  patents 
against  law. 

The  like  in  the  case  of  John  Peachy,  for  the 
sole  selliiig  of  sweet  wines  by  retail  50  Ed.  3.  the 
parliament  set  it  asiile,  as  against  law :  Upon 
that  grant  un  inhibition  uiuii-r  the  Great  »Seal 
bsueJ,  prnliibitiiifif  all  the  citizens  of  London  to 
sell  swcc't  wines  in  Loudon.  I'he  inhibition  was 
revoked,  r)0  Ed.  3.  No.  13,  anjl  Peachy  pu- 
nished for  <'\tortiun,  by  colour  of  the  gnuit,  50 
Ed. 3.  N.33. 

This  {;rant  was  not  only  ngainvt  many  ex- 
press statutes,  some  whereof  have  been  citerl  in 
the  anifuments  in  this  case,  which  grave  the 
inerchant-imfiorters  lilxrrty  to  s<>ll  their  wines 
and  mercliandize  to  w  honi  they  pleased  ;    and 


till  tliey  can  produce  some  dearer  alattite  tiMB 
15  Ed.  3.  for  giving  libeKy  of  trade  to  the 
East- Indies. 

Having  considered  of  foreign  trade  with 
aliens  in  amity,  and  how  it  hath  been  mm* 
naged  in  all  times,  I  proceed  ia  the  last  place 
to  consider  what  the  law  determines  of  trade 
and  comniircc  with  alien  inemiea,  and  conse- 
quently with  infidels.  Here  the  conrideratioa 
Is  far  diiierent  from  what  it  was  in  the  former ; 
in  tliat,  the  common  law  was  silent,  until  an 
express  prohibition  by  the  king[. 

But  l>ere  the  common  law  ia  a  prohibitioB 
of  itself,  and  is  at  open  war  with  alien  enennfls. 

Whetixer  the  commerce  with  alien  enemies 
without  licence,  be  within  the  extent  of  aiding 
and  comforting  the  king's  enemies  beyond  the 
seas,  within  25  Ed.  3, 1  shall  not  at  this  time 
argue.  But  it  may  be  worth  while  for  the 
interlopers  who  tratfic  into  foreign  nationSy  not 
in  amity  with  the  king  of  England,  without 
licence,  well  to  consider  that  point ;  but  before 
the  statute  at  common  law,  it  was  criminal. 

Pasc.  13  Ed.  2.  Hot.  13.  B.  Ra.  in  the  trea- 
sury. In  an  information  against  three  iiersons 
for  trading  into  Scotland,  then  in  enmity  with 
the  king  of  England  ;  the  delendants  pkeaded 
a  licence  from  Cttstodts  Trenge^  in  the  marches 
of  Scotland ;  which  was  held  nought,  none 
could  licence  but  the  king:  thereupon  thev' 
olitaincd  and  pleaded  the  kiug*8  pardon.  Holu 
Prerogative,  tit.  Gaver  reffo.  173.  PI.  3. 

1  need  not  labour  to  clear  a  point  which  was 
not  opposed  by  the  defendant's  counad,  but 
tiu'ir  endeavour  was  to  cxemut  infidels  from 
being  enemies ;  wherein  they  have  a  diffienlt 
task^  in  rowing  ogaiust  the  stream  of  the  htirs 
of  all  christian  countries. 

In  thr  ^reat  instance  of  the  Jews,  who 
have  bi'n  expelled,  and  their  estates  seized,  as 
of  enemies  almost  in  every  christian  couiytry ; 

Tiiey  call  for  autlioritiej,  hut  oifer  none 
themselves  ;  not  so  much  as  the  opinion  of  any 
one  learned  man,  to  give  countenance  to  the 
least  amity  bctiieen  the  English  laws  and  In- 
lidcls.     Twill  nut  distrust  the  memory  of  the 


many  express    grants  to  the  citizens  of  Lon-  I  court  to  repeat  the  autlioritit^  which  have  been 

don,  some  whereof  were  coutirmeil  in  parlia-  j  produced  to  assert  the  enmity  In'twocMi  iu6ddf 

nicnt;  butwasagiiinsttlio  rules  of  the  common  i  and  the  laws  of  this  rt^alm  f  which  are  mors 

law,  l>eJnga  restraint  and  monopoly  of  an  in-  '  than  sulfieient,  afiiT  sueh  solemn  proceedingi 

land  trade,  as  sellin;^  of  wines  in  Loudon  and  i  against  the  Jews  in  Edward  the  lst*s  reign, 

other  parts  of  Eon^aiid,  undoubtedly  then  was.  '      All  wliioli  have  received  a  very  short  answer, 

^  For  when  foreign  iiicri'h;nidizrs  are  broofrht  '  Tiir.t  these  reeonls  are  obscure, 

hitlier  to  trade  or  tratile  iviih,  they  full  ni.'der  That  time  hath  hid  the  law  from  us,  so  that 

the  rules  and  govei nment  of  the  <*(Miimoii  law,  '  we  caiuiot  distinguiNh  whether  they  were  acli 

aiul  the  rolailing  of  tlicui  here  becM>ines  an  in-  <  (»f  luw,  or  acts  of  violence 


land  traile 

In  Lainbard,  4^".  Ed.  3.  lib.  a^s.  ful.  arC. 
PI.  38  it  was  ruled,  That  wheu  turi^ign  mer- 
chandizes are  brought  in,  a  con^piraey  to  in- 
hancc  their  \meer,  is  punifihable. 

At  ooiuinoA  law  m  lil:o  manner,  as  a  de- 
sign by  false  ruutonrs,  or  otherwise  to  debase 
the  prif.*e<i  fd*  our  inland  conunodiuis. 

The  rea^^^ns  of  thost^  cases,  which  were  the 
principal  pilbrs  tu  snpi»ort  tlie  nrginncuts  of 
tb*  oJhep    si  Jo,  prov>  nothing  tv  o»ir  case, 


And  that  the  reason  why  princes  were 
duced  to  use  them  so,  mi^ht  be,  is 
they  ai-e  under  no  goveiiiuient  to 
thorn. 

But  why  the  recoi-ds  should  be  so  darkened, 
and  the  proceedings,  in  so  eminent  a  case  as 
that  of  the  Jews,  so  obseure,  since  Edward  L 
more  than  the  cumnion  luw,  in  the  diriskm  of 
the  rigljt  and  pr«>perUes  of  others,  I  could  DOC 
hear  any  good  reason  given. 

For  I  idkc  it«  the  prinriples  of  lair  ufQl 


STATE  TRIALS,  56  Cuarlbs  II.  iGSi.^'ne  E.  L  Company  r.  Sand}l$.  [486 


•ydb  111*  Ifws  w«re  proc««de«l  agiinst,  &re  as 
deulj  Uid  iIowq  is  our  Itw  hooks,  as  any  p^iut 
ef  law  VI!  bare. 
For  Urn  caae  <if  Uie  J-  ^  *"    '  ttius ;  they 
a  intrchaDi  of  several 


)  m  am'*p  ^»'»*^» 


liri  noes  ot 
1  -con- 
1  nmler 


n^ 


dto  ktng's  protection,  ami  cinWed  to  contract 
■Oil  UM.  a*  any  other  nitrichant-^ttrani^er!^  under 
jolbHacioJaci ;  wliidi  the  Liut;  mi^ht  j^rant,  «s 
I  lufv  Blieirn,  to  an  alien  enemy,  Whtlx- 
lMn»  mAojr  «>l'  tlirtu  were  ioJenuei),  othrrs 
lofn  berc,  afld  dad  ^real  jiuAsesiiian  of  lantls, 
is  well  at  (eases  and  s. 

Thai  llicj  an  bii  r  n|^«  by  pro* 

ftaiiMtia»,  aa  tiell  Ujo-^e  mu  ^rcsc  never  in- 

ioBaiiad  UfiOD  tbe  accsouut  of  their  relij^on,  as 

ailMa  anal  andsita  to  the  chHstian  reli^on. 

Ta  wliom  then  will  their  lands,  leases  for 

^  snit  itucti  ti<:T.si>nnl  eitales  as  Ihey 

laotiilierty 

Hitlawatljn  ^  .     ;.     And  the 

laajiamaiia  tlij^t  Mivite  iiboui  their  estates,  rlid 
attlai  o«t  between  the  king  and  the  ilefemreless 
Jews,  (aa  the  deleudants  cimnsrl  terms  them) 
i^lbt^'  were  e^nt';  but  the  kiDg'  and  sevei-a) 
ibaiuia  of  tbeJens,  vrho  well  knew  the  kw, 
aniartra  able  to  defrrnl  thur  rii^ht. 

t^  Ibe   '•"'  '  ''  -     Tile^l)  I 

wAaiAa  n  the 

kia^aral  «*  j-.^...  ^<.  j^.,  ..i^  ...  ,.;'.>Liop  of 
YlA,  II  E'lw .  ] .  ivhere  the  oasc  wax  ; 

TTi'  tirh>T   of  i'idlin^on  wns  inilebtcd  to  a 
Jew  AiWr  the  banishment  of  the 

Je»-v  '^^  ti>et  ivith  the   archhishop  in 

famm^  aJiiA  prevailril  ^vitli  turn  to  hcl{»  hiio  to 
f  \  that  «rchhi«tio|i  persuaded  the 
he  vrixi  Uiitnd  m  conscience  to  pay 
l«  the  Jcw*a  attorney  ;  who  did  it 
aoeaediBirljr. 

Aiii4  all  tbis  was  after  a  prodaixiatjon  issued 
Jbriiaaavcry  of  tiie  Jew'i  debu. 
FarlbiaeoitcettJiiient  and  trespass,  the  arcb- 
md  by  the  k lu^,  betbre  the  council 
la  pairbamimt,  and  Uid  it  to  his  damage  of 
taiM/.  To  which  the  archbishop  appeared 
i«i  piaMed,  and  lo  avoid  a  tridi  by  a  couutry 
tBry«  «  iba  rccoixi  n^Titions,  be  was  put  upon 
w  attofpanoe  to  tdl  the  truth. 

ba  cotifesscU  the  information, 

araa  gt^en  against  him,  and  the 

\  tafcoed  to  tlie  king". 

Tba  paaaows  of  llie  jud^trteai  fully  declare 

tba  law  was ;    *  U,iiia  idem  Ejiiscopus 

,t  quod  poit  eAlUum  Judteorum 


Judro  »iitelle\it,  (jUod    pecunia 

iia  f^^'  *  '■  f  vrur,  et  posteuruni 

*  ii|a^:  n\U  et  in  regno 

lam     .vU^;^    4 nam    atta   boua 

^a«,  Itisi  iKittiHio  Hegi  remaoserunt, 

\  fuarunt, ' 

TImI  be  f!i4  aul  only  conceaU  but  contrary 

I  la  \m  fjkb,  wtMerviii  ba  was  b<^uud  ti*  the  kiti|f , 

}mvmAtti  iba  pnor  ami  coofent,  fur  satiate 

^Tlboraivla,  la^y.    Fbu  i*^.  17J. 

Tba  itabiiibiiy  dU  aot  Ooabt  of  ibe  law, 


though  the  ilefendant^s  oounsel  do,  but  a  recourse 
to  <  ,,  '         11  ileceitdthekin^, 

ai':  ice. 

i  «ji»  i  iii/j'L*  wui  i»c  uiijiyt'd  to  be  a  judg- 
ment, and  a  judyrnetit  llial  declaj^es  the  law  at 
plainly  ajj  ever  judt^ment  did,  and  of  a  hJt^ber 
nature  than  any  judjrfnent  in  Westio taster- 
hall. 

In  the  sam^  year  several  mean  lords  pc* 
tition  the  kin^  in  conned  for  the  arrearagen,  io 
rent  and  services,  of  the  hands  the  Jews  held  of 
them  Wfore  their  bauii^hment. 

Th«  council  onswereiJ,  That  for  the  time 
Jews  held  it,  it  was  their  fault  not  to  collect 
ihem  ;  for  so  loiitr  as  the  king  held  them,  he 
would  pay  thera  ;  for  the  time  they  were  in 
any  granules  hands,  they  ?<hould  have  recourse 
to  his  gninlees.     Pla.  Pari.  Riley,  foL  129. 

Heix2  the  kmg*8  title  to  the  real  and  persona) 
estates  of  the  Jews  in  England,  is  asserted  by 
judgment  of  the  highest  court  of  judieattire  in 
£ne:Uttd. 

The  principles  of  law,  upon  which  lliejad^'* 
inent  past  against  the  Jews,  are  frequently  laid 
down  in  our  book. 

If  an  ahen  amy  or  enemy  purchase  lands, 
the  kin^  shall  have  thetn  and  may  seize  them 
at  txny  time  ;  and  though  the  alien  died  seized 
tip«»n  ofiice  fouml,  the  king  shall  have  themi 
ami  not  the  lord,  by  escheat. 

This  my  lord  Coke  reports  to  have  been  re- 
Rohetl  liy  lill  the  judges,  Pjsch-  '^9  Elii,  in  sir 
James  Croft's  CSHC,  1  Inst.  fol.  ^. 

There  it  was  also  held  indeed,  that  if  a  de- 
nizen died  seized  without  hetr«  the  lord,  by 
escheat  should  have  the  land,  and  not  the  king  | 
but  that  is  in  case  of  a  compleated  denization 
where  the  issue  of  the  denizen  is  capable  of 
ioheiiting.  But  in  case  of  Jews  or  infidels, 
the  denization  was  void,  being  made  to  them 
as  strangers,  without  taking  notice  of  thetr  en- 
mity to  the  christian  religion  ;  and  so  the  king 
deceivc<i  in  the  granf. 

And  an  infidel,  though  bom  in  England,  ia 
not  inheritable  to  the  Taws  of  the  land;  ifba 
should,  the  laud  might  soon  be  over-iun  with 
Jews  and  infidels,  and  ao  redress  to  Lie  had : 
so  that  neither  denization  nor  binh  did  alter 
the  stale  of  the  Jews  as  to  inheritances  witbio 
England,  but  they  remained  aliens  under  sale- 
conduct  only. 

1  fan  alien  enemy  had  a  lease  of  lands,  or  of  a 
hou.se  for  habitation,  the  king  should  have  it, 
within  the  same  resolution  in  sir  JitmosCrotV^s 
cftse^  and  not  any  subject  that  should  enter 
upon  him« 

Nay,  if  an  alien  friend,  who  <(bould  take,  a 
houikr  lor  habitation,  should  die,  or  leave  the 
lauda,  the  kmg  should  have  the  lease. 

But  then^  how  standi  the  Uw  for  the  goods 
of  an  alien  enemy  without  the  realm  P 

Mr.  Podexfen,'  to  urgue  infidels  to  be  ao  aiten 
enemies,  urged  from  the  mwcliief  th^t  might 
ensue,  that  tUeu  every  man  n>ight  »ei»e  the  pet^ 
sons  or  estates  of  Jevrs  and  nitidrk;  bi^  ausa 
by  law  K\itt\  person  might  kcizh  the  (letiMms 
and  goods  01  ahen  aoeiiues :  and  for  that  citaii 


miei; 

expressly  to  the  lung. 

Which  bcsidcfi  the  authorities  I  bare  pro* 
dnceil,  expresbly  appears  by  Mafoa  Chafta, 
chap  30.  which  provides,  thatiftbemepcliaat'' 
strangvrj  be  of  a  land  which  makes  a  war 
against  us,  and  be  found  in  our  realm  at  Iba 
b^innintf  of  the  tvar,  they  ahali  be  attached. 


4b7J  STAT£  TRIALS,  36  Charles  II.  itis^.-^/lfe  G^gi  Ceua^Mtmafain:  [MB 

the  authority  of  7  K.  4,  fol.  13.  Co.  S   li.  7,    mies;  but  that  potrer  was  leieiwid  bj  law 

tbi.  1j,  b.  which  aa-  but  the  same  ca«c,  the  au- 

tlifirity  of  7   IC.  4,  being"  only  lucntionefl  in 

course  ;  anruuiciit  in  thie  Itook  of  H.  7.     The 

authority  of  7  K.  4,  w  (;oud  law,  but  n]itiai>plied 

in  •  not  ubservini^  the  diflerencc  l>etv>een  the 

tunes  of  tlie  cneoiy's,.or  his  goods  uomiag-  inio 

the  realm.  ■  uc^imiiuK  vi    luc  ^wr,    "iv^jr  oii«u  *^i  mwmtiwixgm^ 

AiWopcn  war  proclaimed, Vherebj  allthe  '  without  harm  of  body  or  gooda  untU  it  te 
subjucts  have  notice  whom  the  king  batli  dc*  '  known  to  us  or  our  chicf-justicc  faow  our  Bier« 
dared  his  enemies,  and  against  whom  they  \  chants  be  iutreated  there, 
are  to  join  in  deteiice  of  thcoiaelves  and  the  .  So  that  the  disposal  of  their  uecsstnaod 
kingdom ;  if  the  persons  or  goods  of  such  '  goods  was  wholly  in  the  king.  And  the  liboty 
enemies  come  into  the  kingdom,  any  subjct^t  j  the  subjeiis  had*  to  iakermeddle  with  foreiga 
may  soize  them,  and  ^in  a  prQ4)erty  in  the  :  enemies,  extended  only  to  such  who  cams  hot 
goods,  as  a  prize  taken  m  open  war,  according  after  a  war  proclaimed, 
to  the  authority  of  7  E.  4.  And  indeed  the  By  all  which,  the  king's  title  to  the  landi^ 
laws  of  all  nations;  and  that  not  only  of  debts  anil  personal  estates  of  the  Jews,  after  Iht 
enemies  good^t,  but  of  Englishmen's  goods  ;  Vvoff  had  detentiined  their  saie*condiict,  by 
taken  by  the  enemies ;  (wherd»y  the  property  j  banishing  them  out  of  the  realm  as  infidels, 
was  left)  and  bronght  hitlier  by  the  same  au-  i  cridently  appears ;  and  those  dark  records  t«- 


thorityof  7E.4. 

Which  plainly  shews  the  meaning  of  tlie  ' 
book,  t0  be  of  goods  taken  in  often  war ;  where- 
by the  property  of  the  goods  rest  in  the  captor  { 
UN  lawful  prixe.  { 

But  wlien  the  persons  or  goods  of  aliens  arc  j 
in  or  come  into  Kogland  under  safe-conduct ;  ■ 

and  the  satc-conditct  l»c  not  determined  by  the  |  m..^*  ...^  ,r,»v».<w^  «,.  ...~  -<*'^*  ^  —..^..^^ 
kini^:,  either  by  pi-ndamation  of  open  war* or  I  and  otlier  Christian  princes,  I ully  argues  ihe 
otherwise,  no  suhjccl  can  seize  the  ^jerson  or  i  contrary ;  for  the  making  such  treaties,  ifl 
gootls  of  such  alien  enemies.  |  order  to  trade,  proves  that  do  trade  coold  be 

Upon  this  (litference^  the  law  was  settled,  .')6    managed  with  them,  be<bre  the  ti«aty  con- 


fined in  some  measure  fi-om  their  obscurity,  by 
tiie  constant  tenor  of  the  common  law,  pmc- 
tised  ever  since. 

But  dmli  nut  the  making  leagues  with,  and 
sending  of  amhassadom  to  some  infidel  oooa- 
tries,  argue  that  infidels  are  not  ahea  enemieir 
No,  certainly. 

But  the  |)facticc  of  the  kin^  of  Engfandy 


H.  8,  by  the  jadges,  Bro.  Propetly,  38,  in  the 
abridgment  of  the  rase,  7  E.  4. 

That  w  here  a  Frenchman  inl.abitcd  in  Eng- 
land, and  a  war  was  afterwards  pHnrlaini^, 
no  sub^t  ctmld  seize  his  goods,  because  the}' 
were  here  before. 

But  if  he  came  uHor  the  war,  anv  man  may 
seixe  his  person  and  goods,  and  sliall  have  a 
property  in  thrni,  and  in  such  case  the  king 
bhail  not  have  thfin. 

And  8<)  Vi'us  it  put  in  practice,  saitli  the  Iiook, 
between  the  I^nirlibh  and  the  8ci.tF. 

Aiid  w!)eii  Hulloign  was  taken  b\  the  king's 
snbiecis,  19  b)d.  4,  t'ol.  6.  pi  4.  where  a  debt 
was  owin;i  by  a  subject  of  tho  kin?  of  I><n- 
ninrk's,  and  a  w  or  hrraks  out,  the  suhject  shall 
not  ivt:tin  the  dt?ht.  but  the  kin;*:  ^liall  have  it. 

Q  v;  ( >r  '>  p .  4 ,  to  1 . 4,  T) .  pi .  0.  1  n  fiiisc  i  mprinon  - 
mrut  the  detemiant  juytitit'S  under  the  kini;\s 
commission  ibr  apprehtndins;  a  Scirtnhman  ; 
thtrre  Ixini;  a  war  bntwiion  (he  king  of  Eiigliiml, 
and  the  kin^  uf  Sci»tland.  | 

I  \\c\\  r   r.licwc'J,  that  ww  alitn  eneuiy,  v.hirli 
came  ovor  hy  the  king>  suie  i<ouduct*    was  as 
nuu-h  u  uin*  tlie  protc^-tivii  of  the'laws,  as  any  I 
uhfn  aniv   whakMKTr.r  ;    and  no  subject  couid  : 
seize  or  inolist  his  ncrson  or  goods. 

And  tiir  deliTUiining  the  hnfe-condn<:t  by 
the  kin4(.  left  the  alien  enemy  in  the  sanu  con"- 
di!!'»u  as  other  alien  em>mies,  after  war  |iro - 
ciaiim'd,  who  were  liere  More  uuder  tlie  ge- 
neral safe-conduct  of  the  laws. 

In  which  casi*  the  subjecti  had  no  liberty  to 
sitf a eichtr  the persaus or  fSodBof  aliea cm- 


cluded. 

5Iy  lord  Coke  (who  wssof  opinian  that  aft 
in  tide  I  is  '  perpetuus  iiiimicus')  yet  agrees  with 
otlier  learned  men,  that  a  league  of  peace, 
{vi  hich  is  only  a  ci-ssation  of  aU  hostility)  and 
a  leaQ-ue  of  commerce  (which  aomuals  to  no 
more  than  a  reciprocal  and  general  ssfe-ceii- 
duet  to  ear.ii  other's  subjects)  may  be  HSida 
n-ith  an  inlidel  prince,  4  Inst.  fol.  155. 

But  he  is  called  *  (icrpetmis  tnimacos,'  firom 
the  practice  of  the  kings  of  England,  and  ether 
kings  and  priniriw,  not  to  make  anv  leagues  af 
frimdfthip  or  altiancp  with  infid*!  princes; 
1%  hc:her  restrained  from  making  such  ieagnci 
by  the  niuiiici|>al  laws  of  the  several  Chrimn 
roirntrics,  or  the  general  rights  of  ChristiBnityy 
ia  not  to  toy  pur[>08e  to  determine. 

Hut  either  a  cassation  of  open  hostility,  or  a 
f^enera!  sate -conduct,  hy  a  treaty  of  oomnwrca, 
hinds  r.p  the  suhjects  hands  from  intermeddlMp 
milh  the  goods  or  persons  of  infidels. 

And  Uieretbre  the  Art  of  Navigaticn,  thai 
meniions  the  goo<ls  of  the  Ottoniaa  ooiiatry, 
makes  noiliing  to  the  ca«e. 

For  by  tlio  treaty  of  eommorce  with  the  Ot- 
toman cmpirr,  thoy  might  be  brought  in,  and 
hy  hi.^  suhjcrtfK  bciore,  under  a  general  safi^- 
ciindiu't.  But  as  to  the  Mogul  and  other  I»-' 
dian  prinres,  there  is  no  leagne  eC  neaocT' 
commerce  between  tlnsm  amdl  the  aings  of 
Encfland. 

Which  makes  the  case  of  the  EMt-Indhi 
Coirf^iany  stronger  yet,  than  thetcf  ihetMcf' 
CoB[)aay.  -    - 


M]  STATE  tillALS,  SfiCnAitLBS  0.  l684.— THe  jE.  /.  Cmpany  t.  Soniyn.  [iSkf 
TImriil 

pfeil  nav^ 


1  coDcdTe,  that  upon  these' iirin- 
opfei  lliave  Uid  dmni  la\r  strongs  ennujpi. 

Airf  herein  the  case  of  the  East- India  Coiu- 
piDY  b  particular,  for  the  king  hath  made  no 
MMpK  nf  them. 

But  by  the  letten  patent,  hath  given  fhem 
ipwiii  power  to  make  mx  m  peace  with  anv 
iifrJel  prince  for  the  benefit  and  better  ad- 
vmBfe  of  their  Irmie. 

So  that  all  other  subjects  are  merely  pre- 
ctrimK,  and  have  no  pretence  of  taking  any  ad- 
natagc  of  any  peace  ma«le  by  the  Company. 

)ia  as  to  them,  the  Indians  remain  to  all 
forpotea  alien  enemies.. 

Hcriiig^  novr  sheitn,  thai  all  forci^  trade 
rfs  upon,  and  hath  brcu  managed  by 
mod  royal  lit^ences,  cither  by  letters 
(t,  or  ftpecial  acts  of  parliament ;  and 

TWt  thekinipinay  prohibit  generally,  where 
■0  »rt  of  parhament  hath  intervened  to  the 
«mmrT  ;  and  the  common  law  prohibits  trailc 
with  inlUeh,  and  no  act  of  parliament  has  pro- 
viMferit. 

8o  that  trade  cannot  1>e  managed  but  by 
the  kinff's  licence,  in  some  such  manner  :is  is 
dmM  hy  these  lettei-s  putc-nt  to  the  Com- 

Thil  the  answers  to  all  the  authorities  and 
•igMlUBts  made  use  of  by  the  dcfendunt's 
emsd,  which  I  hai-e  not  answered,  lie  open 
fsr  the  authority  of  the  Taylors  of  Ipswich 
CMe;  aai  the  sereral  other   authorities  of 


r  trades,  and  of  inland  merchandize, 
!•  which  the  subjects  have  a  right  by  common 
hw,  nake  nothing  against  our  case  of  foreign 
tfiAe,  and  to  an  infidel  country,  to  which  1 
hafeaipiad  the  subjects  iKuc'no  rigiu,  but 
wefepiohihited. 

Hie  opinion  of  the  Taylors  in  Ipswich  t'asr, 
Am  m  pstent  to  hinder  trade  at  sea  is  voitl ; 
ihtfpneraUy  to  hinder  all  trade  at  sea,  is  no 
Mt  good  lair :  because  many  lieencos  then 
m  laa|r,  mud  several  acts  ot  pari i anient  iu 
■lycnes  liad  granted  liberty'  of  irade. 

Bot  in  the  same  case  the  restraining  cf  trade 
li  a  pBTtietilar  country,  for  wliicti  no  act  of 
yniMmil  had  made  provision,  is  allowed  ot 
■  the  case  of  the  tirconland  Patent. 

IVRwas  no  authority  produceil,  and  I  be- 
iefecHumt  be,  that  trives  the  least  connienance 


fcrliberty  of  trade  uith  infidels,  or  to  inii»cacli 
Hekiag^B  prei-ogutivc  of  prohibiting  trade  to 
faofu  ooantrios,  u  hereto  licence  lor  trade  had 
Mheen  granted  by  the  king's  letters  patent, 
•  Iv  arts  of  parliament. 

Ine  ■TC^nmrnts  drawn  from  the  reason  of 
it  coamnn  law  wei-e  two : 

fk%  Fnim  the  liberty  the  subject  had  to 

Lflaad  trailc  into  all  foreit^u  p:irts,  for  which 

BC  cited  Kit/hrrbcrt  and  Dyer.  ^ 

iWtlibcrtv,  and  tliose' authorities,  1  have 

nlyaicamined,  and  shewed  that  tlie  subj<'ct 

Iw  liberty,  but  was  pmhibitod  by  the  com- 

M  Imv  to  trade  with  infidel  countrirs. 

ilh  fbroiur .„  ... 

lion,  till  3ie  king 


i  Ac  liberty  to  trade  with  fbroiurncrs  in 
r«  «ii  boi «  bare  pormisKi 


3m 


Secondly,  The  other  ground  in«sted  on  was^  . 
that  all  ingrossing  of  merchandise  was  unlaw- 
ful at  common  law :  and  therefore  a  (latent 
leading  to  authorize  nn  unlawful  ingn»Mio);  ia 
void,  as  a  monopoly  at  common  law,  and  de- 
clared so  by  ^1  Jac. 

Here  I  will  joiu  issue  with  Mr.  Pollezfeu, 
and  do  admit,  that  if  it  be  an  unlawful  in- 
grossinor,  nvbether  by  the  common  law,  or  anjr 
statute  in  force,  the  iinteut  wiM  he  void. 

And  he  iuust  admit  unto  me,  that  if  it  be  no 
iinlawfa!  ingrossing,  it  is  no  monopoly  at  com- 
mon law. 

As  he  did  in  his  argimicnt  ingenuously  ad- 
mit, that  if  it  wore  no  monopuly  at  common 
law,  it  is  not  witiiin  the  statute  Si  Jacoln;  so 
that  tlie  question  between  us  will  turn  upon 
this  single  point: 

Whotlier  the  ingrossing  tlic  foreign  mer-. 
chandize  of  India  bo  unlawful  ? 

U]>on  what  I  have  already  said,  it  appean  it 
is  not.  For  I  have  shewn  that  the  common 
law  regYinled,  and  made  provision  only  for, 
merchandizes  within  the  land  ;  and  though 
when  foreign  merchandizes  came  thiiher,  they 
fell  nnder  the  rules  of  the  common  law  ;  yet 
the  ingrossing,  or  sole  buying  of  tWrei;:;n  cotn- 
moditics  beyond  the  seas,  and  8i>l!in:j:  in  gross, 
or  by  tlie  niei  chant- importer,  was  no  oflcnce  at 
coininun  law. 

Neither  is  there  any  statute  that  makes  it  ao 
offonpc  at  this  ilay. 

It  is  ti-ue,  the  statute  of  37  E.  3.  cap.  5.  pro- 
hibited F.nglibh  merchants  to  ingross  merchan- 
dizes. 

Rut  the  incfi'haiit-stranger  was  not  bound 
h\  that  law  :  and  tlint  slatnte  was  the  next  year 
ripealrd,  as  to  the  F.nglisli  niKichauts,  3»  £.  3. 
cap.  '2.  And  that  at  picscut  X\iv  law  is,  that  any 
iut;rrhant  muy  buy  in  (4-1-oss,  und  sell  in  grosi^ 
appeal's  by  tlit  tvsitlr.tiuii  of  all  the  judges, 
Mirh.  r>»)  V'  40  Kiiz.  Co.  ii  Inst.  19(j.  iu  the 
chapter  t»f  inifrossin?^. 

And  tho  rt.' solution  ^pcs  a  stop  further  than 
tlio  MK  Lclianl- iiii|;i>i'ter. 

I'liut  !u:v  p'.rsim  in:iy  buy  in  ({Toss  of  the 
UK  rdiaL)l-iiiii)r)il(r,  and  sell  Ly  retail. 

\iid  it  fol!M>.>  I'V  a  clear  consequence,  that  if 
]''n'j;fiisli  iiiiveiiuriv*  i\i  sncti  places,  where  by 
law \hvy  lia\ ::•  a  n^ut  to  tra<le,  may  iiigross  the 
cumnhjditv  of  *.he  plar«^  \\itUout  offence;  the 
ingrosjiiL;;  11):c:l.i  commodities  of  auy  place* 
where  Ihi.-  >,.d)j  .'  t  c«nnot  tra<le  without  licence^ 
can  be  no  ar<;iniK  nt  to  iuvalidiite  such  licence. 

B(H^au.s('  iiiuros^iog  of  fort  i;;n  merchandize^ 
hy  any  m<'i(liuiit-iiu|>oi-Ler,  i:i  no  crime,  but 
lawful  for  every  trader. 

And  then  tlie  cdusc^qncntx;  of  all  ini^'-rossing 
will  l>c  the  raising  of  the  price  of  the  couuuo* 
ditv. 

Vet  itbcin:;:  a  c'nimoili^y  oi  iureiifu  growth^ 
and  not  sucli  iis,  ili:-  law  liuth  an\  where  dcier- 
mined  necea&.iry  lor  the  .sup|i'jrt  oi  lilie,  as  vic- 
tuals and  .suc'i  111.'* ; 

Tiie  coiuiiioi)  \',t\^  iiatli  r.o  regard  to  the 
price,  but  l«*avf.s  tlit>  luuichant  tree  to  make  his 
advantage  of  the  dan^eious  adventure. 


491 J  STATE  TRULS,  SSChaslssII. 

The  adranta^Gs  that  some  subjects  may  rc- 
(peiv«  by  the  trade,  and  others  may  be  ilebarrod 
fi-om,  which  are  alike  hazardous,  and  depend 
upon  a  multitude  of  accidents,  arc  no  measures 
ot  right  or  wrong,  to  pass  a  legal  judgmeut 
Qi)on. 

But  if  the  company  have  a  right  to  trade,  nnd 
others  have  not,  as  'l  have  argue«],  whatever 
their  advantage  may  be,  which  eunnot  be  es- 
timated till  they  have  wound  up  their  bottom  : 

The  ingrossing  of  the  Indian  commodities 
cannot  be  infecteid  with  the  tauit  of  a  mono- 
poly, which  always  suppases  soractliin*;  done 
against  common  right,  which  is  altogetlier  in- 
consistent with  having  a  ri^ht  due  to  the  king. 

For  it  is  of  the  essence  of  a  mounpoly^  ac- 
cording to  the  definition  thereof  pro|>osefl  by 
Mr.  Pollcxfcii,  and  taken  out  of  my  lord  Coke, 
▼iz.  that  it  tends  to  restrain  such'  liberty  and 
freedom  the  subject  had  bdbre,  oc  to  hinder 
him  in  his  lawful  trade. 

Sa  that  every  sole  buying  and  selling  a  com- 
modity, if  it  l>e  lawful,  can  be  no  monoiK)ly^in 
the  legal  sense  of  the  word :  which  is  evident  in 
several  taufl  commodities,  where  the  sole  buy- 
ing and  selling  is  coupled  wiih  a  right. 

The  king  may  grant  to  farm  his  pre  emntion 
of  tin,  whereb)  Uie  grantee  hath  the  sole  buy- 
ing nnil  selling,  if  be  plcaseth,  of  the  whole 
commodity. 

I^urh  a  grant  to  Tidman  a  foreic^ncr  was 
oomjilaincd  of  in  parliament,  21  L.  S.  and 
pray  Of  I  by  tltc  commons,  that  no  such  mcr- 
chaniliz(>  be  suld,  but  to  the  commonalty  of 
merchants. 

The  king  answers,  that  it  was  a  profit  Imn 
longing  10  the  prince,  and  every  lord  may 
maku  liifi  protlt  of  his  own  ;  Ql  E.  3.  nu.  '.'9. 

That  this  fUiU*.  right  oi'  buying  aud  selling 
was  ever  enjoyed,  uppcaiN  by  the  case  of  the 
Stauuarios,  4  J.  Co.  12.  fi)!.  lO^iic  11. 

8o  of  hII  gold  and  silvtT  dug  within  the 
rea'ro,  and  of  all  roval  fi:»hcs  taken;  the  king 
and  his  grantees  shall  have  the  sole  dis{)osaI,  or 
right  of  selling  tlioni. 

Jt  is  no  just  answer  to  these  instances,  tlint 
they  are  inhcritancrs  and  ri^^his  \c^ted  in  the 
dukes  of  Coru'.vall  ami  the  crowu: 

Which  they  iu;iy  dispose  t')  whom  tliey 
p'case.  So  is  his  prcmgutive  of  licensing  fo- 
reign trade.  And  as  to  the  quest iu:i  of  a  mo- 
nopoly, which  implies  a  wrong  in  restraining 
the  rigtus  of  others  ;  tluTC  is  no. difference  be- 
tween ha\inga  right  existing,  which  may  be 
gi-auted,  and  having  a  power  or  prerogative  to 
confer  a  right  on  others. 

For  it  is  the  having  t!:c  right  to  do  the  thing 
that  makes  it  no  monupuly. 

And  therefore,  if  the  ling  have  a  right  to 
license  some  of  his  subjects  to  ilo  a  thing, 
which  other  of  his  subjects  cannot  do,  or  are 
rightfully  prohibited  to  do ;  whether  the  thing 
granted  were  before  in  esse  or  Jc  novo  consti- 
tuteit,  it  is  all  as  one  to  the  validity  of  the  grant. 
Tlii^  is  proved  bv  the  instance  of  iairs  and  mar- 

Whether  anciently  in  the  cvowni  or  de  novo 


I6'8i.— 7X«  Gred  C(tteofMon§politi:  [491 

erected  and  grantei)  to  any  subject,  the  eue 
will  be  the  same,  as  to  the  subjeota  sole  right 
of  holding  the  fair  and  market  exduaiTe  of 
otliers. 

Aud  rights  conferred  by  the  king's  prcrogi- 
live,  are  every  whit  as  strong  as  any  right 
granted  out  of  the  crown,  which  wis  boere  jjI 
es9e  there. 

So  that  the  pretence  of  an  unlawful  ingvoss* 
ment  and  monopoly  beinjf  removed^  by  Mr. 
Pollexfen's  admittance,  it  is  not  within  21  Ja^ 
cobi. 

Aud  it  is  plain,  it  is  not  witliin  the  words  of 
the  enacting  part  of  the  statute,  without  lbs 
akl  of  the  proviso:  for  it  is  expressly,  limited  to 
grants  made,  or  to  he  made,  tor  tlie  sole  bay* 
mg  and  selling,  or  using  of  any  thing  within  tks 
realm.  So  that  it  was  only  the  liberty  of  the 
inland  trade  and  traffic,  to  which  the  subjcds 
had  right  before,  that  was  fenced  and  sccnrei 
by  this  statute.  And  this  patent  is  not  tor  Ibt 
sole  buying  of  any  thing  wiihiii  the  realm ;  and 
tliough  the  selling  be  here,  yet  such  sole  sell« 
ing  was,  and  is  la^vful,  notwithstanding  any 
law  or  statute  niade,  as  I  have  shewn. 

And  the  proviso  was  only  added,  to  manifeit 
the  plain  intention  of  the  parliament,  not  to  ia- 
meddle  with  any  just  prerog^ve  of  the  hiag, 
which  he  might,  and  lawtully  had  exerdscd 
and  used  for  the  beuctit  of  his  subjects.  . 

Besitles,  to  put  it  i>ast  all  scruples,  thts.coB- 
pany  is  within  the  express  words  of  the  pn»- 
viso. 

It  was  a  company  in  the  reign  of  queen  £li* 
zabcth  and  king  James,  as  is  recited  in  the  de* 
claration. 

And  by  their  charter  7  Jac.  had  the  sols 
trade  granted,  uiili  the  exclusive  denses  to 
others. 

And  if  the  parhamcnt  had  not  adjudged  this 
Com|)any  to  be  for  the  maintenance  aud  en- 
largement, or  ordering  of  that  trade,  as  well  ss 
the  other  Cum  panics,  they  would  imdoubtedly  • 
have  made  a  difference  between  thom,  np» 
that  charter  of  7  Jac. 

For  this  very  parliament  was  inquisitive  inlo 
ail  illegal  patents,  which  in  the  least  tended  to- 
wards a  momipoly. 

Anfl  if  they  had  thought  that  cliarter  s«ch, 
they  would  nut  have  been  tender  of  the  point  st 
that  time. 

The  objection  made  from  the  different  OM* 
nagcry,  by  joint  and  separate  stocks,  is  of  M 
great  weight,  because  it  touches  not  the  omb- 
tion  of  ri^^ht ;  whether  a  Company  may  MVC 
a  sole  tnuic  granted,  exclusive  to  otners. 

Ftir  every  Company  draws  a  charge  with 
it,  which  those  not  of  the  Company  are  nst 
liable  to. 

And  if  the  subject  have  a  right  to  trade  with- 
out being  of  the  Com|Kiny,  he  can  be  no  msei 
compcllcfl  to  be  of  the  Cum|Muiy,  which  no- 
nages and  trades  upon  se|>arate  stocks,  tliSBif 
one  which  trades  upon  a  joint-stock. 

And  the  objection,  tlutt  onlering  of  tnii 
within  the  statute  cannot  be  intended  of  UflM- 
sing  of  some,  with  exclusion  of  otherii  is  «f  ■» 


1^ 


TRIALS,  aSCtiAiiLM  n,  I6e4>— 714^  E,  I  Cmpanp  v.  Sani^t,  [404 


Foe  it  couW  not  b«  intended  of 


tenia  for  foreig^n  tfatle  before  tl*at 
so  in  beiD!^,  were  patents  of  exclu- 
K  than  the  Cnmj>aoy . 
e  well  cousitiereO,  all  the  aiuliori- 
w  there  may  l>e  Cotiijifliucji  oi-cctetl 
eminfT  ami  ordciintf  tbreJtrn  trade, 
L*y  may  lie  cxclusiirc  to  oihei*s  ; 
ug"  posiiibic  that  a  foreign  trade 
f  any  rule  or  jfovemment,  by  any 
t  whatsoever,  if  carricti  on  by  per- 
lect  to  that  rule  am!  irovemmeot. 
!?ident,  tUat  no  rule  of  any  Com- 
fiirther  than  (hose  of  ihe  Compa- 
evcry  mm,  not  of  the  Company, 
|Mcti  li^de  will  not  he  under  any 
fir  the  Coraj»any,  or  by  the  Oom- 

acli  patent  will  be  only  for  Iteep- 
tw  persious  witliin  rule  and  go- 
ut not  at  all  of  the  furcig^n  trade. 
|fit^c«B5ity  must  prosloce  the  ruin 
filfy,  and  in  all  pn>b4it»ilUy  of  the 

!€r»  trade  without  hmitation^  dis- 
iU  tjii^  rules  of  ibe  Company,  and 
!e  to  the  charji^es  aud  exptnse^, 
€  trade  must  be  i»upported ;  they 
|tt  huth  untlertrell  the  Company, 
find  anticipate  the  markets,  thuu 
■^  can  Tend  more  effectually  lo- 
Mructiou  of  a  trade,  of  grreat  oon- 
liing^  and  kin^om.  ' 
he  factorie?  and  t»toeltof  the  Com  ^ 
fi*^n  {larts  are  obnoxious  and  liable 
les  committed,  either  to  the  natives 
sot  ol'  the  place,  by  an  interloper 
[  rule,  by  the  geuenl  b«r  of  re- 

ther  piir»tie  the  argnmenta  of 
btnoouvenirnce,  but  do  rest  apoo 
ph  1  have  cfideavouted  to  make 

p subject  had  no  ri^it  to  this  trade 
Ittw  as  a  foreign  trade,  but  mig^ht 
d. 

m  leafn^e  or  royal  licence  bath  in- 
^?en  such  ^neral  ri^ht. 
breigfn  trade  hath  in  all  times  been 
d  managed  by  the  undoubted  pre- 
Be  erown»  in  licensing  somer  and 
^krs.  And  th:it  in  all  cases  not 
^pv  act  of  parliameni.  And  that 
Hd  licences  have  recetted  aJloiv. 
IB  parhamenta. 

io  act  of  parliament  ever  gvte  a 
esty  of  trade,  much  lets  to  trade 
I. 

the    common    law    pfobibits  tliis 
itfidels,  as  with  alien  eoaniei, 
le  last  place,    1  limve  t^lIM  ao* 
rmc^pal  authontiefi  and 
il  to  impeach  the  Cooipaair'a 


AAfmfmayU 


1.  That  the  fi^ranl  to  the  Company,  oftlia 
sole  trade  to  India,  exclusire  to  others,  is  good 
in  law. 

9.  As  to  the  second  point,  whetlter  the 
action  will  lie  admitting  the  Company  have 
a  right  to  the  s«>le  trade  there,  by  these* letters 
patent? 

I  shall  spend  but  a  little  of  your  time  a!»outit. 

lie  cause  if  the  Company  have  by  law  the 
sole  light  to  the  trade,  the  law  will  give  them 
a  remedy  to  redress  injuries  done  to  their 
trade,  for  recovery  of  their  damages. 

Which  is  properly  by  an  action  of  the  case, 
they  having  no  othrr  reniedy^  to  redress  them* 
selves.  For  a  prosecution  for  a  contempt  to  the 
king  cajinot  be  insatisfiiction  of  the  Company's 
damage. 

1  shall  thei'efore  rest  that  point  upon  the  au- 
thorities already  produced  by  the  plaintiff** 
counsel. 

f  shall  only  apply  answers  to  the  objoctiovit 
made  by  Mr.  Pol  lex  fen.  » 

Obj.  1.  'Tis  not  alledged  the  defendimt  had 
no  licence  from  the  king.  ^ 

Atisw.  The  complainant's  case  ts  sufficiently 
set  forth,  that  they  had  the  sole  trade  to  the 
Indies  granted  to  them  ;  and  that  the  defend- 
ant had  notice  theieof,  and  yet  traded  contrary 
in  their  grant. 

If  the  defendant  had  had  the  kir  '  ^-  ■"  ~.^  to 
come  on  his  part  by  plea,  then  the  ^  i  e* 

of^as agiiinst  the  plaintit}*,  would  h.;^ .  l..,..^  lato 
question  ;  but  he  rests  upon  the  licence*  by  sta- 
tute of  15  E.  3. 

Ohj,  2.  They  hare  sbewn  no  special  loss  or 
damage. 

Amw,  Neither  need  ajiy  be  shewn,  no  more 
than  in  all  other  actions  of  the  cax**,  ^vbcre  the 
right  of  any  person  is  ir/iured,  la  Kcp*  113, 
Mary^s  case  of' a  commoner  who  hath  no  estate 
in  the  laud,  nor  the  sole  n^ht  in  the  profit  ap* 
prender,  comes  not  to  the  ca&e;  the  law  de- 
nies such  commoner  liberty  of  bringing  hia  ac- 
tion, without  a  special  damage,  to  jirevent  a 
multiplicity  of  actions,  which  nf"-^^  ^^-^  -^^rne 
ground  every  oomiiioocr  woidd  •  to. 

But  otherwise  h  is,  where  any    : ,  iole 

piscary  or  profit  ap[»render ,  alter  setting  forth 
the  special  case,  and  wherein  his  rwht  ii  ia- 
Tadedf  a  general  dectaratioa  to  his  daoiai^  k 
sulBcient,  and  the  eraininatMO  of  the  particii* 
lars  will  belong  to  the  jury, 

Obj,  S.'That  the  action  is  gromided  upon 
the  rt:<tT^int  in  the  leUcfs  patent ;  and  Ibat  re- 
straint ti  nut  absolute,  but  upon  pain  of  Ibdel* 
tore  of  ships  and  |;ini4s, 

Afuv.  TbefirsKprt  is  mistaken;  Tor  these- 
tioD  ifl  grounded  upon  tke  pant  of  the  whole, 
entire  and  oolTtiMe  and  traffic  to  tlie  Indies, 
tolbroed  with  ^  kiag^  evfcneaiit,  aol  to  grut 
liceoce  to  mnr  otboa^ 

And  besides  this  draw  of  the  pnaliibillov, 
liiere  is  a  distinct  daose  of  grant,  that  none  of 
these  countries  or  places  shall  b<!  vuited,  fre* 
ofUiel 


4 


4}aeiited 


hj;aay 


^  king's 


jecta,  doring  the  comtituaiioc  of  this  patrnt 
wbidi bathuo  penaky  annoDcd  In  il. 


4&&]  STATE  TRIALS.  seCRAEtts  IL  1684.— 7i«  Gmt  €m^ 


V\if>n  tliese  g^r&Dts  tlte  action 
of: 


mnU  if  llicre  were  no  cbusi-  ofi  ,  tkw^ 

tmdmi^' to  Ibf^e  itifiikh  l»\  oiiiv>s  wribuul  H- 
CPUCe  iVoui  tUe  king,  i^  enU't^uiziug-  a  trsde 
ootoiilv  !i|;uit)st  the  prolubitiou  uf  rhe  comuiciQ 
UL¥t\  but  tbe  t^ug^s  ex|)ress  ^iriilithitiou. 

But  iljc  ucitm   is  not  fouiideil    iipun  ibis 
cUu«e^  but  u(ioH  olluT  ckuses  <>i'  coulWrinif  a 


hi  Ty  itie  sol€  traile 
iiy  t'ltod 
»oint«  agTiiiwl  ibc  actitui  out  oi'  1 1 


Thf 


auklM^rity  i'ltotl  t«]^  Mr.  P^tlexfeiL,  as  an 

poir 
88.  uiiii  Hf'lb  Vbridguieut,  tut.    10l5 


authority  m 

6,   m   lkrc^*8  cajsc,  tbal  fttimuti*^'' 
Of  t]is|ML-U'4ilioi)  to  Darcy  were  l 
rting  fbreig:n  card*  coolrary  t< 


irj 


IIU- 
k'Of 

Id.  4.  yet  the  action  will  not  lie,  rencbeih  mit 
our  CAse  of  a  rii^iit  rouferreil  by  liie  king's 
]ireri>g:ativey  aud  not  of  ao^  dispenaatian  (roin 
at  jie«al  Ju»». 

Before  tb<?  statute  of  Edir,  rT.  every  subject 
might  >mj)«rtL  foreign  cards ;  lb(?  U^ltUe  re- 
strairi!>  (tiatlibfrty  un>^  '      >  ^  '     f      ut*. 

Tfie  dts^iem^tiati  oi  tbc 

Jaw,  works  no  inttrt»t  uut  a  i».Aic  t-A*  uipUou 
from  the  penalty ; 

Wbidt  iu  tltc  case  of  8biivv  lotd  If  awes,  was 
h^fU  could  not  beiu^i^aed  over;  aad  ibercfoie 
grariti*  I  Ik  J I  in*  iiitr.  tv  (k^pen^tiuns,  Ci»*iv«y 
noiiiSt  I y  other  huhject*  uUo  is 

t\o  otlh        .  li-J  frora  doiti|jr  the  tbing^, 

than  by  the  eUituleucubT  a  peuiilty. 

But  where  tlie  kiug^  bv  bii>  jjrt'iogaiUve  may 
graiii  ib(f  sole  u»€  ot  a  tbrag,  (ai^  lu  case  of  a4:w 
inventions)  tlie  grantee  halb  an  luterest  aid' 
fident  to  support  au  nctioa  Qpoa  the  case^  as 
lIolU  is  of  opiQum.  Tbc  next  paragraph,  fbl. 
ICKi,  oti.  IT.  That  if  the  kin^  grant  Uiai  oone 
eusJl  use  such  a  thing  ( wbereot  the  kiug  h;ith 
|K)wer  to  gr^uitf)  but  tb«  grantee  reserving  a 
renti  if  an^itber  umc  it,  aa  action  upou  the  cai»« 
fvill  Ii« ; 

Wbicb  is  a  St  rung;  i:r  authority  in  |»oint  for  the 
action,  than  that  ot  Darcy'^  ca«c  oi  a  mere 
dism^nsatiou,  i%  sk^amst  tt. 

And  iherefori'  liar»u^  proved  tbe  tyrant  of  the 
ioU  trade  to  be  i^oud^  the  action  is  ui^ll 
brought  for  damages  ^  Apd  pray  Judgqivnt  Ibr 
tbe  Flaintiffig. 


Mr,  WILLIAMSS  ARGr>lENT* 
termino  8.   Michaetis,  Anno  Itegni  Regiii 
(.Car,  ISecundi  xiLxri.  Annoq;  Doiniui.  1684* 

he  Ea^t>  India  Company  v.  Thomas  Saodys. 

Tbe  questions  in  ibi%  cose  are  two. 

1.  W  heiher  tbi¥  grant  of  sole  trading  to  this 

ompany,  excluding  all  others  his  ^l^je»ty^s 
^t^ects'wbonre  nut  utembera  of  ibU  Com- 
bany,  or  within  tbe  ((uaiilications  of  ibta  grant, 
he  a  legal  ^rant  ? 

C.  Admttting  it  a  legal  grant,  if  tbia  action 
ht  tnalntaiiiabte  by  tbe  coiupauy  agaittfri  tlte 
defendant  ? 

That  this  grant  it  kgal  in  all  iti  f^r^  I  do 
not  Jind  that  the  oounsMet  tliat  argiMid  fox  a, 
hatie  «ad«af  «tir«d  to  im'^^n. 


Mr  Attorney  baik  adfuiiioit  in  lib 
it  IS  not, 

Thai  sotiie  parts  of  it  are  agatni^  taw« 
itvanifest,  v'u.  it  indicts   ti\e\r%\  ^wt^aHU^s,  uj 
persotiis  offending  ai^my-i 
leitur*  of  th^-ir  ^m^m  rio'l 
»ba:1^  ^- 

do  tin 

h 
witli 

shall  i'il  ir 

kin^f  lU^ 

ho  inlprLs• 
llOt  to  U 

offendei^  b^cf»fiie  b*>uiMl    to  i< 
tbe  kum  oi'  lOQOL  at  leaAl  that  ^u  i 

not  at  any  lime  aiWr  tail  m  traiiic  itiio  Aa|r 
plact^M  nicnfiomHt  in  the  ^raul. 

It  gives  tbe  company  iiWwty  to  lictrnte  |H7- 
mtiit  to  trade  withui  tlia  limits  of  tbi»  grazH; 
and  that  the  kin^,  bis  heirs  atid  ti 
siaJl  imU  durjui(  the^  kiient  palmtt 

)i  und  hbcrtr  oC 

the  ;,....(  ,,^,  ..,,     J ;<»■    power  f4  lUtf 

company  ;  and  they  are  to  disjHis^^  of  Utr  ti- 
hertv  iiiJ  nnnu  ru   to  si^rte  their  own  Co»- 

piUl  % 

111  .^eize  goods  and  sbipi, 

and  mipriittni  tbe  king's  aiaA^iiHSia*  accordmf  t» 
ibtir  grant  they  will  have  a  ^nt^s  ptanfM 
Uve  ov^r  tlie  subjert  iban  his  tti^iiaty  M; 
they  hsvf 
pers 
ing, 

ration. 
'file  jodgment  upon  iKc  f  -  •  -  -  ntenl . 
',  I  shall  have  occamon  to  i  ir  lan^rli 

\  herein^  by  ihti  opinion  qf  ai.  .»^  j  -^t^a,  c 

ttiv  peuiilties  of  tltat^  a^-cetng  in 

w  itb  tltese.    Tbe  suMatios  nf  tliiii  waa  advi^ 

ted,  at  least  not  defend^!,  by  Mr.  AMumf 

Genetal, 

Thi^rtf^iint  docfinr  Mjianr 

duruiait/U  ovtn  the   j  m^  •« 

the  subject,  nml  invt^l  liit  C^ : 

prerogative  of  I  he  crown  to   1; 

ship^toii^o  in  ibeselia^iMs  hut  \i 

the  crown,  the  kinir^  his  k  u^  ami 

ofa!-   ^  ityntive;  Tf    ^  ^     ' 

hCf  (i;e  it,  tbi 

in  iLa-v  .,i..,^  without tl: 

pany«     Vov  us  thiii  greai 

peuaed^  it  do!  1 1    not  *«ril' 

but  divest  the  I 
Mr  Attorn*  ; 

not  argue  for  the    Cunipany 

without  at^iiui;^^  ag^initft  the  pn 

king.     Tbev  artf  ot   the  king'b   £4»ufi«el  tint 

argutid  for  thiis  gratil,  but  it  i$  oat  to  be  behfti^ 

they  wrre  of  ib«  king's  ouhuimbI^  or  1incaiLi,lfa^ 

drew  it  or  advised  it« 

Wc  that  argue  fi>r  Mr.  Sandy  a,   argne  l» 

the  kiitg'H  ikrerogative  :  That   the  bn^t  ^ 

W4tlisiauditj|j;  this  grant  to  this  Vaa^it^^  Mf 


subject  than  bis  tti^liatjr 
power  to  aeisee  goods,  mid 
iai,  wtQiout  legal 
runnol  do  ;    nod  IbllAUsr 
,  cdntitu  ;;-iant  to  any  auhi«c|  or  eoifv^ 


!  Mf'  Swidy^  m  toy  oiber  tuKjocS,  to 

tQ  ihmmm  Itmite;   And  il  doth  not  appetr 

^m  tMt  raooni  but  >1r.    Haaayii  hiitb  tUe 

lopg^s  lk«iic>#  to  trnd*"  iu  |iH««  places  ;    be 

Ukf  hetmtr  any  otbcr  subject  to  trnde  iliere* 

Amllb^t '^<''  lioo  *ii  tiK  .Tint  cannot  ex- 


it frill  %^  ibtf  deftndAnt  in 

»  !■  nmd  ihe  pkintittk*  action*     If  tlie 
<tos^it   n*»i  J>y  law  to  hare  the  sole 
III  lhc«e  limits;  for  the 
J  |u        -        .1  dc^iaration  is  laid  in  this, 
>  llk&l  ibc  dUctiOaut  Inuleti  without  thetr  ti- 


,.l  »K. 


dl9  M^  III  tbm  i:^r.ini ;  i 
mmmi  m  thm  cmp^  ti»  sen 
iocilieliinir* 

ifiWIuBir.  t>i 
i«s,  tlie  tr 
Aa  bud  :   I 


had  to  greaten  this 
e  the  prerogative  of 

,  and 


ili.i. 


iiour  nor  prenkgativc 

[irniiprty  of  the  sub- 

,  nar  the  law  of 

»asi  to  jcp-eaten 

^^      , .   **»  *i'<?  detriine«t  of  the  king;, 

l^law,  aiiid'  the  »ul»je€t;  aji  j  hope  to  make 

t  Ml  tilts  CSk%e* 

In  mjr  «*a^r  m  th«  jmrtiailar  questions  in 
luienre,  i.TJiat  ihe  plain- 
tion  do  allrice,  That  I  hey 
•ii^wfii  aiiit  oiftna^rdf  and  do  manaefe 
ftfiiaifndviif  mcrcUndtzeto  the  Eastln- 
mi,  ini^  tbc  inhabitants  thi^re^  who  at  the 
liav  9i  ikt^  niakiut^  the  letters  patent,  were 
mi;  ami  etrr  since*  are  not  Christians;  hut 
1^40  W0t^  aod  now  are  itilldeh,  and  enemies 
lilbfClinitiiui  faith. 

Yft  lliify  ilu  not  allr^'e,  nor  can  say  that 
lli^  ladiAiia  arv  in  •^nnuly  ^ith  the  ero^vn  of 

to 


w  mr  i*a^r 
iHbintl)! 


Ui 


f  ST^Te  TRIALS,  3^  Ctf  ^rles  tL  1 684.— Tie  £  /.  Compmiy  v.  Scwisf% 

the  limits  of  theif  fp^ot,  or  tn  ^inj  pari  oi'  it. 
vrhicli  may  he  f  er^  necesiary  tor  the  g^9^ 
niCDl,  and  public  traif*.*  of  the  k\n^. 

1<   It  inuy  l»e,  the  Indians  tti:iy  insist  up 
some  such  company   to  be  mstiuiied  by  th« 
kin^»  by  sonic  ti'i*oty  oi'  coroint^rcc. 

Nyw  hath  the  kih^*^  by  this  mcans^  not  only 
exrludfd  \m  anhjects  tiom  the  tr«dp  of  thia 
phicc;  but  he  hath  excluded  hintiKdf  of  the 
liberty  of  making  or  coo'ititutiu^  any  other 
cnmiMfuy  fur  trade  or  commerce,  m  ail,  or  any 
of  these  places. 

3«  Perhaps  the  (*t)Teniment  and  gfood  mn* 
nai^enicnt  of  trade  iti  these  places,  mny  in  time 
require  more  companies  to  m  in^litut^d^  in  alJ^ 
or  some  of  these  phi(-e«  ;  and  the  Company  *i 
i*ounsf  I,  except  Mr,  Attorney,  are  oowr  arguing 
the  kin^  by  liia  prerogative  out  of  liis  prero- 
gative : 

That  the  king  hiid  prerogative  enout^h  M 
make  this  glorious  Comiiany  the  sola  traders, 
and  maiia*j^ers  of  trade  in  these  places,  and  to 
exeluilc  himself  and  his  succcssorv^  and  all  the 
rc4t  of  his  subjects,  froui  tlits  trade  and  tna- 
nagem^nt : 

3.  And  by  this  means  constitute  a  sort  of 
republic  for  the  management  of  trade  in  tliese 
plnce^,  borrowing  perhaps  from  Ilamburgli 
and  other  republican  places,  the  nays  and  me- 
thods of  managing  trade  upon  a  common  stock, 
in  fmternilies  and  compaoies  ;  and  by  this  ex* 
periracnt  alter  the  consliiution  of  Eugland  iu 
the  management  of  trade,  by  altering  the  »«'• 
ture  of  our  English  properties  in  our  goodf 
vested  and  placed  in  ^raona,  and  placing  onr 

Crojierties  in  companies  and  fraternitiei ;  and 
y  fixing  the  mystery  of  trade  in  companieiii 
to  the  prejudice  of  single  persons;  and  may 
in  time  turn  tn  ill  example,  and  endanger  the 
government  in  its  other  parts,  as  well  as  tbc 
trade  of  England. 

The  main  question  in  this  case  doth  tun 
upc»n  the  power  of  the  kiog ; 

If  ttie  king  by  hia  royal  power  may  appro- 
priate this  trade  in  these  iofidcl  places  to  thta 
Company  ? 

First,  That  the  king  haib  power  to  do  tliia» 
by  the  advice  of  his  ^reat  council,  the  parlia^ 
uiciit^  if!  not  doubted.  Ho  there  is  no  defect  or 
want  of  power  iu  the  king  to  do  this  by  the 
law  (d'  England  ;  the  exceptions  iti  the  ststute 
of  "S I  Jac.  cap.  3,  do  except  i^ucb  grants  oat 
of  that  Statute. 

The  question  i*  only  a  quest  ton  of  the  maa-' 
ner  of  doing  this  by  the  king. 

Secondly,  Whether  he  may  do  it,  witliotit 
the  advic*'  of  his  'treat  council  ui  parliament  f 

As  there  h  no  de*i9tt«r  want  of  power  in  tbe 
kintr,  so  there  is  no  defect  ill  the  law  of  £1^ 
land. 

Thirdly,  But  if  there  ^»e  m  necessity  or  m 
conrcniency  to  the  dniug  of  this  lor  the  crown, 
or  for  the  goverumetit,  for  llie  subject  or  for 
trtidc? 

Fourthly,  It  i^t  not  to  beonppoiod  but  thtf 
ibn  l/irdM'and  Commons  in  paHtMoeul,  will 
and  ought  to  assent  to  such  a  gnnt  lA  ptrlia^ 


Ea^laiirf,  or  tliat  they  are  alien  eiieiiiiea 

t  TiNMgfi  <*  *bitants  of  thfiie 

pfcoM  art  uilu  ,e!»  to  the  Chris- 

tafeiiii,  yet  *t  muy  r>r,  nod  we  hope  there 
^r  W  an  uiij venial  convfi'Shin  to  the  Cbti^;- 
laaiytlt  ;  aikil  w«  are  tuoght  by  the  church 
li  My  fm  it,  and  to  use  all  manner  of  means 
^  H  iniV  "^  ^  pa»«. 

Wliy  OMY  tiot  the^e  plar^es,  or  some  of  them, 

iiPsTtni^  ^ 

taoiaAdvtt  .^  :■  ■     -^   '^'■'•' 

A.  T>i*  I  cxrhide  a  trade  with 

Mihr>^  iices,  but  with  all  per- 

iasmilxa-L  pUi<j». 
1  dfi  11*4  r>l»»<»rvf».  that  an^  of  the  Comjjany's 

Mnftrl  t:.  ' '/     \  '.•.■..■.    ^ ,  have 

laawd  1:  4  w»lh 

Skflsdaoi  m  t   uw  uorl  r,  without 

,  InMifrosn  ti  Herein  I  take  him  to 
'l»«fencL 


<  TWy  say,  thi»  trade  cannot  he  managed 


i*rf  •"•»rt 


of  all  persona, 

at',  to  tr-»tle.   or 


any  other  comiiaQy  wiUiiii 


S!«?nt  as  mach  a»  the  pnvy-coimdl,  or  any  j 
other  oftlie  king's  council,  are  oWig^t^rf  to  arf-  i 
tiRP  it  out  of  jmHiameDt ;  nnd  it  ouifbt  to  be 
00  pr*'S»rfnefl  by  thf*  f^onstitution  of  England. 

Au^  I  t»ke  tbis  hf  b*  ooe  t»f  ih^  4rH*ia 
lUicni,  ubiilf  is  u  subject  matt ri  Bt  tml  proper 
for  the  con^iHei-iittrm  uml  drUt>eralioti  o4*  a  par- 
kainertt,  htid  oii^Ht  rwrt  td  pass  by  any  gmni 
wUlitHTl  lb  em, 

T\Ttt  tragic?  of  Kngland»  tb«  pri^pprty  atid  U* 
Vrfy  f>f  I  be  fiMbj»*<*t»  I  he  kin  if 's  tvv*<?nt»e  by 
toi>i4«^r,  i)oumtu^c  and  tnistoirtfi,  tbc  ori-ro* 
fEti^o  of  tut?  km^^,  iirt?  utwler  great  restriction:* 
Sy  ibtn  grmnt* 

*  Tbi*  Ttotk  ii  too  liTATy  for  tbt*  pern  of  an  at- 
lomey^  or  soUoitar,  to  put  hiIo  h  bill  i^ir  thi» 
g^ri^att  )iea1»  vinlioiit  I  be  ilebti^rfttion  of  a  psr- 
bfttnent. 

The  king'  cminot  inituraUz«  jin  dien ;  but 
by  tbe  act  of  piirliiifnent,  Ibe  law  ttolb  intrust 
Ihp  kiotjby  hfs  Ittii^rs  patent^  to  make  denizens 
of  3ili4«i^,  but  not  to  iiatiir4b»;e  rhrm* 

It  may  h*f  lo«>  muc'b  for  tnc  to  (^fo  tbe 
feuNonot'tbi^,  vvby  the  \ih^^  bath  not  powtr  to 
naturdb/«  alieusji  aft  well  as  to  «l€ii|zenize 
fkcm* 

I  btniabry  fake  tbe  vpssm  to  itrftcirpf?  from 
the  inlt^rest  of  tbe  subject,  tbnt  the  rijjbl  of 
||.„  ...i,...,.i  :..  ...w..,  ,t,.^|,.jy  conceniofl  in  b»lting^ 
^1  "    same   rigbt,  bbpityaoft 

ii  ..^.  ..:,^.,  ii  siibjceLs  in  Entflaiiii,  on«1 

tbat  tbi*  ou^ht   ni<  to  hie   g^iftolefl  to  ahens, 
not  by  tbc  king-  nniJei-  bis  greHl  seal,   wrtbout 
tbc  coniH*nt  of  tbe  Lords   and   Commons,  tbc 
yojire»entiiti%«»  of  *he  subjects  in  purliatnent. 
Th«re  may  he  biifb  «t»te-pobry,  (iomettuies 
naturtili;!e  na  oVien,   ana   iliat  i»erbaps  it 
innot  ahviiys  wait  tbe  meeiinjj  of  a  porliii' 
nent;  yet  bath  tbe  Utw  |»lsn^eS  tbis  Irojrt  in 
he  kin^,  to  be  txercisicd  by  tbe  kii*jr^  with  tbe 
uJvicp  of  ibe  LunU  iinil  Commotio  in   parlin- 

ncnt^  and  nn  c>&- -  - 

Tberiglit  oi  iisibman  in  bis  free- 

omof  Iraik-  \u   j-   -  ^ .  .  ,,  is  concerne<l  In  tbis 
|raol,  afufcvcT^  Kni^bsbman  n**t  mlmitted  to 
rade  by  tlil-  ji-mt.  is  i   .rlurlni  t^j'li:^  IVr^'dnm  ; 
nd    Ibcr   y  ^uy 

herEnM  ,,ts. 

If  tbe  kuiji  hin\  Hitidij  sr  0>  aliens, 

nd    exi'luded   all  biai   Ei  rts  (ri>iM 

tnulin^   in  ibcKc  places,  uv   ir  ti.t  king^  hiMl 
_  anttd  only  to  bis  ln«;b  or  Srotcli   KiilijectJ, 
^amitf     '    *      ■  :,  sulyeclfj  bud tbeae 

►con  :  ' 

It  tiir  Kiu-    tii:s  tju   [iT*^row^ti?e,  tbc   com- 
any'i*  counvd  orcein  ibiMcstset  oU  ibm  mic^bl 
bavi*  b«en  dniie^  and  these  (jfrautn    Imd  b«»;fi 
al,    iboag;h  exclusife  of  nil    hh  Englisb 
4eots, 

It  is  enougfb,  I  bumbly  conceive,  tbe  kin^ 
bftfb  the  preroi^tite  of  granting  and  consti- 
tuting such  conipanic-i,  and  niakifii;  sucb 
"aQtsiQ  pnrliftinent ;  and  tbe  law  allows  no 
Itnore  iu  cisen  of  this  nature,  whirl i  concern 
llie  ri^bt  of  every  aobjec^r  in  England,  aiid 
Ai^etore  uofrbt  not  to  Ite  takea  from  bun,  boi 
Pjf  ^EeoBsent  in  pirliameitt 


1>  i}(  inaUi 


n  m  the 
'roin  tbe     I 


1  think  it  maybe  '»''*♦'*  »*•- 
bis  gfi-cal  waK  witbn 
and  Commons  i"  " 
pany    for  the 
ibe^part^t  oi  ai      ^ 

But  be  cannot,  as    I    Unw\ 
any  grant  under  brs  great  seal 
bis  subjects  of  tbeir  rijrbt  utidbl^ 
in  anv  place  uprm  lb»'  *eiw  or  bevoriH  tbe  i 

Rolls  I,  Hep.  f*d-  -t.  Tiietftx  ' 

cn«e  ;  tbekin^^  uiay  j^raor  a  c 
orderinif  of  trade;  tbii*  i^for  Ibe  rvneiii 
subject,  2  Ed.  5,  Brition'acnse. 

Tlie  y^tM»d  m^mnoff  menl  of  trade  ii»  for  th 
Inrliellt  of  ibe  !»td»jecL 

I  sbnM  endrarour  to  mrsTif  ..n  ih,y{  the  sub- 
jects id*  En ;;!  and  bad  a  r  _  e  iu  tbeie 
parts,  bit'off  the  makins^  *  i           -,   '«tt,  or  tbe 
const!  lilt  I  ui;  any  rompaoy  by  the  crown  in  tbe 
Ea;<t- Indies*  and  witbout  any  licence  frointbe^ 
crown;  u«d  b)   consequeDce  this  j^raoti 
priating  ibis  trade  to  tins  company,  ftn 
flodio*?'  tbe  rest  of  tbe  kiOi^'K  sw> 
their  rij»bt  and   liberty  of  trade  tl 
ilUH,mt  mnrjopoly  in  trade,  condemn 
t!ie  common  It Cv  and  statute  law  ^i 
3nd  ihe  intidcti**m  of  the  j^  -'  • 
plat^ea,  is*  no  l«ir  nor  impi 
tji>fl    conuui^rce   of  1"*' 
pFaces,  witbout  leatr 
nomoretbauiuCbn      . 

That  ibe  prero^jatue  ot  tbc  crown,  to  gnat 
and   issue   oot  "tits  of  Ne   Ks;eaf   R. -fiifi. 
a^iri^t  tbia  or  that  subject,  in  no  m^ 
Ibis  power  to  moke  such  a  infant  as   . 
excltide  bis  subjects  frotn^  tmdttig  m  mU4^ 
countyieK. 

Tbe  Ne  Exeat  Kegiinm  is  a  writ  ibut  fiiif 
be  granted  by  tbe  keejier  of  Ibe-  |pretl  aeil 
without  »Dy  express  i  iimmd  trorti 

tbekiog,  n[M>n  soni-  =1  tbeuail)' 

may  be  requin'd  to  mv*-  euuuMn  not  io  leaff 
tbe  kingdom,  tilt  be  answers  jiuch  «  cult,  or 
tbe  like. 

Tbis  writ  i!*  never   jf  ranted  w  it  bout 
special  reason  or  cau«e  in  a  particular 
Ihe  subject  complained  of  may  appear  in  Vh%\ 
Cv^r\\  and  answering"  the  ciiu^,  may  diacb 
tbe  writ. 

8urh  a  sfrant  under  tbe  freat  seal,  f«r  i 
of  tbe  king^'i^  subjects  to  gt>  nbn>ad,  and  for  tW 
rest  to  slay  at  home,   I  coT>ceive  i%r>id4  not  t 
>«oot1  in  law,     No  pai*ity  of  n,. 
kii»4r  niftv,  by  bis  writ  of  Ne 
stay  asulyect  from  going  oot  nc  ui^  Mn_ 
that  tbcrclbre  tbe  king;^  may  by  bistT"*"'  ^™ 
bim  to  trade  oot  of  tbe  kiu^tfom.     ^le 
and  do  trade  by  tbeir  factors  ami 
dents,  and  do  ivti  sttr  out  of  the  kin|r\U 
personal  atteudutjce  m  their  traJe 
remote  is  not  necessary. 

Tbe  «i objects  of   Eusrland  tradlner  »«  i"*^ 
cbandite,  have,  and  always  bad  anjjbilotra*  _ 
npon  tfie  seas,   and  beyond  tbe  »cae,  wHboil 
licence  from  tbc  crown. 

That  they  bod  siicb  liberty  i  i(b  *» 

Christian  cQuatrieftt  I  do  oti  i  ^W 


loTttwt^ 


■■Ajf  ff  t^  oooi|ii«y^»  coutiA^U  but  Mr,  Altor- 
Vlfy;  be  liAlb  yi^yrd  *  r  *»  _^  ihe  othtr 
V  crao^el  batr  ikmty),  a  in)  h^t  others 

p    kftf^  i4iiiitu*tl  ;  iiatJ  111   Koii.  i^.,4.i^    ni  hi.%  ar- 
piiif!lit,  b(^  ifty  as  (  ootierive,  iiic<>Q>tUUuf  wiili 

r^e  to  oil  men  as  llie  «ir, 

Crnliii'««  <lr  Mj«ri  li*»**ro,  *  Mure  <H  Uttora 
*Mt»"  ■  -Miniiiia,* 

rup.  3^  par.  19. 

I  ^iiit  '*ccu  pa  verity 

II  j  iv.  r  inL'imt'iii 
'c  oer  teri*um  tnlU 
(«  qui  ct  mimi$  esse 

is  omtuum  per- 

"^ea^Laws^  in  liis 

\,  and  earls    ol' 

:1mm,   lunl  mtininlif 

tai}<},  ami  ilje   iMk'^i^ 

in  the  privilesft'S  due 

r  itdmiralty,  and  tLe 

^.u»l  ihikt  (Key  would  vin- 

II  all  mri  ot  ciicroacluu;:r 

tiJQSiir)u()^  ;  uui  iibove  all,  the  CHm5fn;niov' 

«Cdicvsu  (mi  the  vUtef  point  of  ilie  oirice) 

!yin  coistiiou  tW  all 

Bj  W  >|..«.  .>  ^^  .  V  i-  a  commuQity  for  all 
1»|il  mIyrU  Ui  tntiJr  uu  the  tea«,  and  not  ta 
^  i|yfi»priiil<>il  i4>  «  kw, 

finOOB^  cap.  33.  Oc  Puvelia*,  be  distin- 
jiBihri  o/  thinir>  co'pareal  and  not  corpun.*«*l» 
l^l^tti^g^  ^>n  And  tliiof^   parrjculiirt 

•  Ckiw>  i  ')icunie  la  meei^  t^t  le  ^yr, 

'  If  k  ry  ralUc  Ji;  U  tueer,  drott  siconie  et  de 
'  Mhtv  ^n  IIm,  (*f  tm  uiiier,  «t  en  Ci^muiaui^jj 

hit 

Ti  tiath  a  soverei^ty  ki  tlic 

'V  ju  tlif  liritm  seas  is 

^'>ver*:i«jlity  of  llie 
I  <  utnuscjuc  Rci  • 

I' 0,  UL.  4.  K.in];; 
urn  rerun* ,  In* 
uium  circuiwju- 
<jnu:  infm  earn 
iix  DuutiDUn/  Bar- 

'i     \idcmujt  dejtire 
I  liorQinia  srmH 

-lOQl!^, 


fW^    «l4l|rr     U»4iiK&,    d»>c»    fttLoQ     WTutrks* 

^Ma  uid  greal  stuqp<}OUi»  Ui  Ud^^og  to  tUe 


MI]  STATE  TRIALS,  5C  CKAnLes  11.  \6u^7he  E^.Compans^ff.Sand^.  [SOS 


And  ihnt  the  king  Imth  bis  M  custoais,  and 

these  royalties  of  uTbck>>  »nd  grvM  C\hh,  by  liia 
cons^riaucv  uf  the  sea«s ;  sir  Henry  Conita* 

hlc^ ^'»  ri,  foL  lOa,  h.  5,  Hi.  2,  para.  1L. 

Tli'  3fi  tunijage  and  pouuda^ei  Pro 

DlJ  :-      -      :.iiU. 

Butlbei^in^  bath  not  any  prorof^aiiire  that  1 
nieet  wiib»  tn  exftude  \Ue  %,n\ijvri  tmui  the 
lirneBt  of  hiH  ri^'ht  af  coiumuuity  ialbc  iMHiSa 
as  fishing'  :md  tradit^ 

As  the  king  hath  liis  Kfiverrigrnty  upon  the 
seaa,  and  his  itnbjects  owe  lain  lie;(i  auce  theni; 
so  have  they  their  rights  ami  prupcrties  in 
and  13 p<^  the  sea&p  and  llu^y  are  nut  u^  b& 
inradrd. 

And  the  king^  hatb  the  eare  and  rnasarvanc^ 
upon  the  sfas«  and  fi»r  \m  care»  guard  and 
ron«scrviincy  of  his*  suliiei^ts  thrir  «hipH  and 
gcKKis  n]>on  the  sras,  he  bath  hk  tunnagc^ 
pouiidiige  and  cUKiotias. 

Rolls  Abritl^-menli  Tit  Prerogative.  TIk 
subhidii^  of  tunnuj^e  and  poundage  ari^  jB^mniciil 
to  tiiL*  kinjf  for  the  safe-ijuaid  id  thtJ  mus. 

Hum,  I  Ed.  ^  cap.  13.  recites,  that  H.  7, 
and  H,  8f  aud  other  Lin|;iit  bad  gi  anted  w 
them  by  tlie  Commons  iu  padiaitieut  tor  tli« 
defence  of  the  realm,  for  thekee|iMi4r  ^uid  safe* 
irnsml  of  the  eeas,  for  the  iuh  nfmer- 

«: hand! see  safdy  to  come  into  i  and  tn 

pu!is  out  of  the  tsarne,  a  ttnl»siii>  ui  ^i  manner 
of  :foad^  and  intrcbandizes  coming'  in,  and 
goin^  out  of  the  rcaUii, 

And  if  any  one  be  idlerwitrds  robltod  by 
pirates,  or  [osc  bis  goods  by  mistuituiMf,  \m 
shall  fchip  as  many  more  without  puyin^ 
custom. 

8tat.  1  Mary,  cap.  ia»  And  Elk.  19.  Uie 
same  renewed. 

Stat.  45  Ed.  3,  cap.  4.  And  all  rates  and 
irapositioDS  upon  ships,  trade  and  ti  albc  upoa 
the  seas,  and  beyond  tlie  seas^  are  laid  h^<  ib« 
kingf  in  parliament,  and  cannot  k>c  laid  by  the 
kingatone,  by  any  prerotjativ  e  out  of  p  jHiaaienU 
3   loht.ful.  181.  *-  Commercium  jinv  greuUniD 

*  commiuic  e^e  debet,  ct  uon  muuopoliura  et 

*  priv'atum  p^uculoruni  cjuccsium  couvcnuu- 
'  dum«  ini^uatn  alios  pt^nuUere,  £diot»  iiihibc«e 

*  n^ercaturam. 

Dyer,  fob  *^m,  I3  Elis.  Tliat  a  Hub>e| 
of  Eti;^'l'Uid,  [>eiui^  a  merohaut,  tuay  depart  ool 
of  the  realm  wirbuut  the  tpieen\  ti^rence,  to 
live  theiTf  tboug^h  not  niercbatidize ;  and  such 
£foiQ£;  out  of  thu  realm  is  n^»  continipt  to  tb# 
cjuecn,  before  a  Ne  cxmt  lU^uMtu^m  e][prMi| 
probtliiliou  or  proclauiiitioii  ii^^tie. 

Suit,  o  U.  2»  eiip.  U^  doth  iilfirtn  tbU  by  th< 
except! un  in  tbnt  itatoU*. 

iHxrJbl.  Ifjjniid  290  agrees  uitb  Nat  Be 
»iul  »jy^  tiiriUer^  that  nu  luercbani  pays  at  |h« 
eommon  law  any  cutLtont  lor  any  Wares  otf 
naerchandize  wbatsoeter,  except  three,  njj. 
Hooj,  woal-felU,  and  leather,  exprt*^  tor  all 
mercbaotSf  and  couOrm^d  by  ^ta£.  5  R.  S,  ci^ 
1  and  2. 

RoUh  1.  Rep,  fob  ♦.  Taylors  of  I  |)<^wiGb 
cn^c,  li  Jac.  Haoeo  liigis ;  on  trade  ui«9* 
chaoic  ur  tQercbasdixiDg  gugbt  to  he  biiid«r«4 


SOS]  STATE  TRIALS,  36  Charlbb  II.  l684.*-7Xe  Great  Cau  of  F^nsfOki:  [SOI 

no  aatbority,  nor  the  book  antbentic,  andtt 
best  bat  some  saying  of'  my  lord  Coke,  ia  a 
matter  not  then  in  judgment  before  the  court, 
and  that  perhaps  mistaken  by  the  jirothonolaiy. 

I  oppose  to  the  probability  of  this  aaybf  , 
the  report  of  the  Taylors  of  Ipswich  case,  m 
Rolls  Rep.  fol.  4. 19  Jac.  The  lord  Coke  was 
then  chief-justice  of  the  King's-bench,  and 
says  in  the  resolution  in  that  case,  that  M 
trade  mechanic  or  merchantable  can  be  hin- 
dered by  the  kins's  patent,  not  in  any  place, 
without  an  act  ot  parliament;  a  charter  ta 
hinder  trade  at  sea  is  Toid. 

How  can  this  stand  with  what  is  pnfaliahed 
in  Brownlbw,  thiit  my  lord  C-oke  should  say  if 
the  common -pleas,  before  this  time,  thataa 
Englisih  8ubjei!t  cannot  trade  with  infideli, 
\s  ithoiit  licence  from  the  king ;  and  that  ht 
had  seen  a  licence  in  the  time  of  £dw.  3,  to  thai 
purpose? 

1  be  reason  given  for  that  saying,  is  as  weak, 
because  they  are  common  enemies  to  ibe 
chriKtian  fuith. 

They  may  be  enemies  to  the  christian  rdi- 
gifui,  and  not  enemies  to  the  crown  of  Eog* 
land,  or  to  the  trade  of  England. 

The  law  denies  trade  and  commerce  only 
wirli  enemies  to  the  crown,  not  with  eneoiin 
to  the  Christ ian  religion. 

It  is  sufficiently  obserred  already,  bytbt 
counsL-l  that  have  argue<l  on  this  side,  thattbera 
are  treaties  of  trade  and  commerce  between 
the  crown  of  England,  and  these  plaoea  of  in- 
fidels, and  that  there  are  leagues  and  rmbiwigi 
between  them.  4  Instt.  155.  allows  kagoci 
of  commerce,  and  trade,  and  peace  with  in- 
fidels. 

And  what  may  be  the  consequence,  to  de- 
clare that  to  ho  law,  that  they  are  incsmaUe  of 
the  benefit  of  the  law  of  Euglaml,  allowed  to 
other  aliens,  and  that  they  are  not  to  be  pro- 
tected from  fu^rsonal  injuries  by  our  law  T 

12  H.  8.  4.  A  Paipm  beaten  in  England caa* 
not  sue,  quia  perpttuui  intmicus. 

And  to  put  them  iu  the  same  condition  widi 
outlawed  and  excommunicated  |iersons,  bow 
doth  this  consist  with  the  common  justice  of 
nations,  or  with  the  policy  of  trade  in  aa 
island  ? 

Obj.  By  Mr.  Solicitor,  5  Inst.  fol.  34.  A 
Jewess  hoVn  in  EiigUmd,  marrying  a  converted 
Jew,  nntdowable. 

Mr.  Solicitor  hath  cited  many  cases  and  ie* 
cords  out  of  Mr.  Pry  one's  collections,  and  froa 
the  rolls  thenmch  es,  how  the  Jews  were  treated 
in  £nglan<l  in  trade  ;  what  restrainta  and  tam 
were  :aid  upon  tbi>m  hy  the  crown. 

I  do  not  take  it  that  any   of  these  records 
reach  the  rtrason  of  rrsti-aint  of  trade,  imp 
upon  En:>[-li»h  snhjccts  by  this  grant. 

There  s  n«»  restraint  but  that  English 
jects  might  traile  with  Jews  in  their  own  i 
tries. 

That  Jews  were  used  thus  in  England,  ii 
no  argument  that  the  East- India  CfHnpHUr 
may  use  English  subjects  like  Jews  abrOotf  • 
other  countries. 


by  the  knig*s  patent  m  any  sort,  but  by  act  of 
parliament. 

9  H.  3,  cap.  30.  A  charter  to  hinder  trade 
ot  sea  is  void ;  a  charter  that  only  100  persons 
shall  trade  at  sea  is  void,  in  Hself ;  and  ne  was 
chief  justice  at  this  time.  S  Inst.  57.  The 
patent  to  Greenland  was  allowml,  because  the 
trade  was  found  at  the  peril  of  the  party's  life 
who  first  discovered  it. 

Taylors  of  Ipswicb  case,  where  there  is  no 
new  invention,  the  king  by  his  charter  cannot 
hinder  trade. 

The  patent  to  the  college  of  physicians,  thnt 
no  pernn  shall  practise  physic  without  their 
licence,  would  have  been  void,  had  it  not  been 
confirmed  hy  act  of  parliament ;  yet  this  con- 
cerned not  all  the  siihjccts  of  England :  and  is  a 
my^ry,  and  the  professors  thereof  fit  to  be 
approved  by  persons  of  skill  in  it. 

it  may  be  admitted.,  that  the  king  for  spe- 
cial causes  may  prohibit  this  or  that  subject, 
perhaps,  to  trade  in  some  certain  places. 

As  the  king  may  inhibit  a  subject's  going 
beyond  seas  ;  and  if  a  person  ^oes  beyond  the 
seas  atler  such  an  inhibition,  it  is  a  crime  in  the 
subject,  for  which  he  is  punishalde. 

But  it  is  hard  to  infer  from  such  particular 
inhibition  of  particular  persons,  to  trade  in  par- 
ticular places  or  countries,  or  to  inliibit  par 
licular  persons  from  going  beyonti  the  seas, 
tfi  infer  universally,  that  the  king  may  inhibit 
all  his  subjects  to'  ^o  beyond  the  seas,  or  that 
ho  m^y  inhibit  all  his*  subjects  except  some 
few  to  tnule. 

There  is  a  great  difference  between  an  in- 
hibition from  tliL-  c:'fiwn  to  this  or  that  pifi-son 
to  go  beyond  the  ^eas,  and  an  inhibition  for  all 
persons  to  trade,  except  sucli  a  company. 

This  grant  impoits  a  rr^-ti'aint  upon  trade, 
ond  ufion  the  common  liberty  of  the  subjects 
for  thtt  benefit  ur'  some  fow  of  the  suhjectK, 
without  any  benefit  to  the  crown,  or  security 
to  the  kingdom,  as  in  the  case  of  Ne  exeat 
Jt^enum. 

The  Company  may  license  aliens  only,  and 
exclude  subjcts.  No  trust  is  placed 'in  the 
company,  which  the  law  places  iu  the  crown. 

For  the  allay  that  is  oH'ered  to  this  excision 
of  trading  for  Englishmen,  and  English  mer- 
chants in  these  places ; 

Obj.  That  tliey  are  excludetl  only  from 
trading  in  the  Ea!;t-lndies  uiih  infidels,  and 
the  inhabiiaats  there,  mIio  are  enemies  to 
the  christian  fuith  and  religion. 

And  that  it  is  for  the  common  safety  of  the 
ohriatian  religion,  that  this  is  done  to  avoid  the 
danger  of  corrupting  and  perverting  christians 
to  infidelisin. 

I  do  not  meil  with  any  authority  for  tliis 
power  given  to  the  kiiiir. 

But  that  English  subjects  have  the  same 
freedom  of  trade  with  lufidels  as  they  have 
with  ehristians  in  places  bevond  the  seas  ;  so 
tfaej  be  not  in  enmity  with  the  crown  of  Eng- 

Michelbome'a  caso,  Brownlow  2d  Rep.  996. 
Thateuehath  boon  obssrv sd  ilready  to  have 


a05J  STTATE  TRIALS,  36  Chaei.ss  IL  i684.— ?%#  E.  h  Cmpmy  v.  Stmi^$.   [509 


9t  JFmt%  firtt  epbtlr 

duftOf  mttiianil* lh«  ''(^  i^'- 
l««  BQiiWiih  atiother  U 

ktif^alef  it  to  their  v^uld 

Ml mber rm^ire  wti^jv^,-,  "»  m..^.^  ..liMU-rTi  of 
Mr ^#11  loju^j^t  K«tH'e«nthe  brvthiXMi,  than 
lifpilo  taw  onr  «'«'>  un.^th-  r  rinii  that  iH^fore 
wtrikriri;    t>  "f  to  tlie 

Oa0mtmf*^  i^ji.  -        :         lt  with  in- 


lf««r'tR«p^  ttti^  07i,  uq/675,  Are  authoritiiit 
(Wtaifwai  Boti  coftimt-rce  wiili  Pcit^an^i,  which 
wnHflm^fp^  >'  '  rce  uith  rnfttlcls. 

Loi^  C<illp  f  >  I  t<??cts  out  ofih^  huty 

vriciajits;  «i  y|  ihe  buoli*  of  Jo&btui, 

Ifil  b^  tnir ,  iiHTf»  iras  fiich  frefttom  of  trade 
1^  t^  rvinifiuti  liiiv  tijr  nil  Krii^lUh  Mu}>jfclr: 
•u  IpfkItU  and  rliristiaas  in  all  t^Aiu  of 
IWwvrJil,  ttud  thm  viithoul  Ikence  frtmi  the 

!•  rfMsmifl  I  rn  of  itiide  to  a  Cotn- 

E«ifii"i*  I  -1  ^,  exdadjiig- nil  oiher* 
f§  stihftHTtK  fnHii  their  andeut  hberty 
dom  rif  trails,  I  take  to  tj<;  a  monopol  v* 
•rifMii»«  viihm  the  ik'scitption  and  reunion  of 
4c  idiBUtpg^of  morio|K)lies,  so  Ur^rly  argued 
bj  Hf .  ralleKf«*n,  that  I  »lmll  ool  take  up  the 
t]«t«fildi  court  u»  i^yemug  y^UhX  he  hath 
mA,  md  1  onnoi  uiM  to  it. 

?i«i1ll«r  itjll  I  tro  ►l.l<5  the  court  with  men- 
iw^liip  authi>nUi^  lie  biith  dted  fur  that 
oniio;  b«t  reler  myHcKtoihes&aieauUiority 


monopolisti,  projwtors  and  propnutidei^,  drrth 
riiithcjeuily  illit^'trHttf  thifi,  with  rcfl'  ^  itf 

\%hat  !^lr/Folle.\fen  haih  said  in  tl  ii^ 

^vitboul  re^feution  of  them  lo  the  i  'mu  t. 

The  Btatule  of  Mayua  CJiarift  declarev  the  U- 
berty  and  fretfitoiu  ttierchunt!!  have  to  buy  aud 
sell  without  restnunt^  hy  the  ohl  and  nghU'iil^ 
custouis^  cicept  iti  lime  of  war. 

3  lii!»t.  cap, '29  Hu<l  30,  Htat.  9  H,3,  30. 
Niii  publici  pru/nbrntur,  sailh  my  lord  Coke| 
in  intended  a  pn)hibiti«m  by  act  ofporhament. 

YeWerlon^  10  Juc  m  uf  the  B^iiue  opinion 
with  lord  Coke  in  his  book  about  imposittiuns 
ujMHi  trade;  as  i  have  it  from  a  ^^eutlemau  in 
our  protessibn.     Vide  his  manusinpts. 

91  Jac.  cap.  3,  dt^lares  all  moiidpolie!^  to  be 
againi^  common  law. 

Coke  n .  Case  of  Monopolies,  84  Moof *■ 
Rpp.  crS,  nay,  Darcv*s  jrrani  ^>r  the  *«>Ie  irei* 
|>ortiU(f  of  cant;!  from  bt^yinul  the  Re^m^  and  sell- 
Hi^  fUeiii  lor  twenty -one  years,  44  Ehx.  pro* 
bihiieil  and  jurLre<)  a  void  j^i  ant, 

StaL  2  E.  3,  cnp.  9y  c^tuhrnis  JlaijnaChtr- 
ta,  fur  iQfoing'  s^nd  coiui^ig  with  ttierchHudiz# 
lu  and  trom  England,  accordingr  to  Magnft 
Chiirta. 

9  E,  3,  cap.  1»  damtis  all  charters  io  the  con- 
trary, as  iMetrtil  and  oppressive  to  the  people, 
4  E.  S.eap  '2,  confiruis  also  [llu||riia  Charta. 
^5  E.  3,  cup,  2,  doth  the  same,  and  makes  let^ 
ters  pat^^iit  to  the  ct>»itmry  void. 

II  R.  %  iitp.  ?,  1^  H/?,  6,  tor  free  piasngfe. 
Sic.  such  letters  pate»it  reairaininf^  trade  hate 
been  pursued  in  jitirlintueut,  witlt  hut;  and  cry, 
in  b!I  |»arhHnif  nts  and  a^es 

Thmi;rant  is  made  to  a  C<>mpany  for 


Yil  I  taike  tt,  under  correction,  that  It  is  6t  I  i^ood  i^ovemnu^ni,  and  tor  the  oideriu;^  of  uade. 


•iWffry 


..1 


Ki.lp 


n1 


ftTz 


if  tlik  nMent  be  not 
'\  anpropri- 
;t  *ha  he-long' 
lo  all  Englishmen,  tbuu|2;h  a 
n  tJii^cro^n  sMiH  ui'Ci'Ksary  fiorhfir 
ihtk  irmle  \  yet  every    En^it*(h*uan 
e  of  ^ucli  licence,  and  w,ih  imitlet) 
[^•■illiopaiMf  Irotn  llie  crown,  and  had  a  right 

tit  it  out  of  the  kitiiLr'.} 

TH^csK^  and  hnth  (ductni 

•♦e  of  it  in  thi^*  Com- 

n  hath  by   {\m  |>atent 

I  a  trade  To  thm  Coin- 

II  to  all  his  subjects  ; 
ipioiv  the  si»le  licens- 

i^ti;;;  all  the 
out  i)v  U- 

[rin  thesi' finrlsi ; 

i:ut  and  gnmt  il- 


J*y* 


of  E 
idlry  tlu*t  o«oT 
Kytvo    lht«  riiui 
litill  told; 

makf^  iht»re«tr^tnt  In  trade,  which  wa«i 
lo  *U  »*itl)  ♦'  ^         *s  now  [»e- 

QlBrt*  tlia  (%4i<iu  umnopoli^e 

kttak'.  '  ■  !  ,  ."     . 

•Si  *■•    %>-i>"    I  ,irio    [iney 

X}  l«nl  Coke'a  diefcnpi^oaof  cAOfiopo)ie«  and 


and  no  monoiKjIy,  and  it  is  within  the  proviso 
of  the  statute  2  IJhc. 

A  niw.  Allo\%  6i\  m  Darcy  *!«  case  by  the  ar(pi- 
ments  for  that  grant,  and  if  it  be  ik>i  for  public 
g^Of»d,  the  tfriint  is  illegal 

If  this  itraiit  he  aeuber  t^>d  for  the  kiog-^ 
nor  tor  the  suhject,  nor  tor  the  tmde  of  En^* 
laud,  it  cannot  be  auid  to  be  for  tlie  pubSc 

It  cannot^ be  g'ood  for  the  kin^f,  for  it  restraint 
him  in  his  pr*  ro^'ative,  na  yrui  ^ould  hate  it 
the  kinjj  hail  power  to  hcense  every  subjet^f  ; 
by  tbiit  *;rant  he  hath  excUided  himsetf  of  alt 
power  id  liceoiiing.  lie  can  licenie  no  sub- 
ject to  trailf  m  ihrse  parts. 

The  kioi^  suflers  in  his  cuitums  and  in  hit 
oavi|rj»iion> 

Tilt  subject  b  excluded  from  trading  in 
these  places,  without  the  lichee  of  this  Coni« 
[laiiy. 

'I  rude  itself  i«  restraine*!,  for  it  ifi  reduced 
and  appropnated  to  a  Company,  and  to  few 
jiersouii,  which  wag  couiinou  to  all  the  king's 
uubjpcts. 

2  lust.  foL  57*  Lord  Coke's  reason  ajjainft 
It,  for  all  the  subject**  are  concerned  in  irade, 
thertfone  all  augitt  to  consent  to  it  in  parha- 
meut. 

Thouifh  they  are  a  Company,  they  are  noi 
constituted  by  this  gtiDt^  lo  tegutaie  and  cai« 


507]  STATE  TRIALS  36  CharlbsIL  i684.-7%«  GrM<  CaieofMomopelieM:  [SOS 


uMp  tnde  for  Eug^Uod,  but  for  themselres  and 
tbeir  Company,    r 

The  height«uing,  the  lowering  ofcomniodi- 
tiei,  the  rauting,  the  lessening  the  rates  of  all 
the  commodities  of  these  places,  the  in^rrossing 
of  all  the  trade  of  these  places,  is  in  their  power 
and  in  their  pleasure. 

There  are  no  rules  or  qualifications  in  this 
grant,  mjuining  to  admit  numbers  into  thiai 
Company,  or  directing  or  requiring  tlioir  li- 
cences lor  this  trade.  They  hare  the  trade  in 
themselves,  without  any  check  or  controul  from 
his  majesty  or  the  government ;  they  are  in  • 
dependant  from  the  government  by  tliis  grant, 
they  are  without  ap|>eal. 

Obj.  That  they  arc  a  company,  and  that  this 
llprant  to  them  is  within  the  exception  of  the 
Stat.  21  Jac.  cap.  3. 

Antw.  1.  Because  that  exception  doth  not 
reach  to  letters  patent  made  to  corporatioos, 
after  the  making  of  that  act. 

No  words  of  saving  to  uny  corporation,  that 
■houid  be  aflerwards  erected  or  ma.- ted. 

2.  This  proviso  doth  not  niaKe  them  better 
than  they  were  before  the  making  of  the  act, 
only  leaves  them  as  they  were  before,  and  as  it 
found  them. 

If  they  were  legal  before,  they  continue  so  ; 
if  illegal,  they  are  so  notwithstanding  this  act. 

Obj.  That  many  grants  of  this  nature  have 
been  made  to  Heveralcompanies  ;  to  the  Turkey 
Company,  Muscovy  and  Uamborough  Com- 
panies. 

Ant.  They  do  not  trade  in  joint-stock,  and 
monopolize,  as  this  Company  doth ;  they  do 
not  exclude  persons  fnun  tluir  company,  as 
tliis  doth.  Mr.  roliexfen  Imtli  diflercnced 
them  at  large. 

That  there  lia%e  lieen  many  monopoly  grants 
in  all  ages  from  the  crown,  appears  by  the  sta- 
tute of  Mai>;na  Charta,  by  other  statutes  made 
in  Ed.  3nVs  time,  H.  2,  l(.  7,  and  king  Jameses 
time  ;  ami  by  the  juilgmcnts  given  on  mono- 
poly patents  in  all  ao-es. 

in  the  (/asc  of  Monopolies.  In  the  Taylor 
of  Ipswich's  case 

Peachy 's  case,  5  Ed.  3,  severely  punished 
fiir  procuring  a  licence  under  the  great  seal, 
that  lie  only  should  sell  sweet  wines  in  Lon- 
don, ike. 

Inst.  3.  fol.  181.  Darcy  and  Allen's,  Mar. 
Rep.  44  Eliz.  Oppression  is  older  than  the 
law  made  to  punish  it ;  Monopolies  are  as  old 
as  the  laws  made  to  punish  them  ;  it  is  no  ar- 
gument to  justify  injuries  by  their  ages. 

Sir  Arthur  Ingram's  Patent,  17  (.'ar.  2,  for 
the  Canary  company,  (granting  tlieni  the  sole 
trade  there.  There  are  trl(»ri(uis  r(^cit:)ls  in  that 
patent,  of  advantage  to  the  king's  subjects,  and 
for  the  regulation  of  trade  ;  making  the  Com- 
pany a  liody  politic,  that  they  should  have  the 
sole' trade  to  those  islands,  excluding  all  others 
under  pains  and  forfeitures,  with  a  non  vbslunte 
to  the  statute  against  monopolii^s ;  judgment 
was  given  against  this  patent,  Mich.  UO  Car.  2. 

11  Jtep.  fol.  64.  Taylors  of  Ipswich  case. 
Compare  this  case  with  the  com^y  of  tay- 


lo.^  case ;  for  the  good  of  trade  and  companji 
and  the  orders  and  by-laws  fair  and  plausibM, 
yet  damnetl,  because  a  restraint  on  trade. 


The  company  had  the  profit  of  the  refomia- 
tion.  No  other  difierence  between  the  cases, 
than  that  this  is  a  mighty,  that  a  petly  com- 
pany. 

14  Car.  2,  cap.  24.  That  statilte  prorides, 
that  persons  by  having  iitocks  in  this  company, 
shall  not  be  adjudged  traders  within  the  statutes 
against  bankrupts,  which  is  ca'led  by  Mr. 
Solicitor  the  judgment  of  the  parliament  for  this 
grant. 

bays  Mr.  Solicitor, '  Sut.  14.  Car.  2,  cap. 
24.  takes  notice  of  this  Company,  and  that  it  is 
an  advantage  to  the  nation  and  trado  of  it. 

Stat.  29,  Car.  2,  1.  takes  notice  of  this  cou- 
pany,  and  taxes  every  capital  stock  in  the 
Company  at  20s.  for  every  100/.  ca^tal  stock 
in  the  Company. 

Arts.  This  |M>U-act  taxes  ^1  guilds  and  fra- 
ternities, bodies  politic  and  corporate;  this 
doth  not  make  them  legal  corporations,  guiUi 
or  fraternities. 

The  judgment  the  parliament  had  of  this 
grant  doth  better  spiiear  upon  the  journab  of 
tlie  houses  of  parliament,  of  the  coniplainti 
made  to  the  pailiament,  that  this  grant  was  a 
grievance. 

it  is  no  new  thing  to  mention  prooeedugs 
upon  journals  of  parliament :  and  the  judges 
take  notice  of  them.     Hob.  Rep.  and  RoDs. 

And  in  a  cause  of  tliis  consequence  it  may  be 
proper  to  adjourn  it  to  parliament,  when  it 
may  receive  the  judgment  of  his  majesty  in 
parliament. 

This  will  be  a  safe  establishment  of  the  law 
in  this  great  case,  which  concerns  the  king'a 
prerogative,  the  right  of  the  subject,  aud  of  the 
whole  kingdom  in  the  trade  of  the  nation. 

It  will  meet  there  with  a  judgment  that  will 
certainly  establish  it,  if  it  be  for  the  interest  of 
the  king  and  kingdom  ;  but  if  for  the  enlargiug 
of  this  gniat  Company,  it  will  meet  with  the 
eonunuu  fate  of  prt»jei:ting  patents  against  the 
intert'St  of  the  king  and  subject. 

It  is  a  mighty  argument  for  the  reputatioa 
this  patent  hail  with  the  parliament,  and  tha 
opinion  they  had  of  it,  by  taxing  their  capitsi 
slock  at  2U«.  per  cent. 

So  they  do  reputed  esquires,  at  bL  by  tha 
head. 

Sidiritors,  attorneys,  and  oppressive  usnrcrsi 
have  the  like  est<*en/with  this  act  of  parliament 

Stat.  3  Jac.  cap.  6.  This  statute  is  but  de- 
claratory of  the  common  law,  and  made  to 
avoid  (|iie.aions  and  suits  in  law  ;  which  raiglit 
Ik'  otrcasjoned  i»y  chaiiers  of  impropriatiiig  UM 
trade  of  Spain  and  Portugal,  and  then  m 
making  for  the  tnule  of  France. 

If  the  mischirfs  i-ecited  in  that  statate,  and 
the  evils  hap{>ening  to  England,  and  the  kiqg^ 
sul)j(*cts  be  true,  without  all  hesitation, 

ThoKc  charters  mentioned  in  that  staliils^ 
and  condemned  by  that  statute,  were  not  oniff 
grievous,  but  illegal,  and  monopolies  ; 

It  appropriating  the  trade  of  thm  dnti^ 


S09]  9TATC  TRIALS^  36  Chariis  IT.  l684.-»11f  E.  /.  Comptuhf  v.  &mJfy$.  [510 

■OH  to  few  merchants,  mud  excluding  all  other    of  it,  <tiiadrate  with  these  monopolies^  and  their 
kii  majesty's  sahjects  from  the  trade ;  descriptions  in  our  law-books  and  cases ; 

Debarring  the  king's  sutgects  in  England        With  my  lord  Coke*s  description  of  a  moBO- 
InNH  that  free  and  common  traffic,  which  his 
sabiects  in  Ireland  and  Scotland  had ; 

To  the  ntanifesft  impoTerishing  of  mssters, 
ownen  of  ships,  mariners,  fishermen,  clothiers, 
iadccis,  spinsters,  and  many  thousands  of 
handienfts-roen ; 

_  The  decrease  of  his  msjesty's  customs,  sob- 
■fies,  and  other  inipnKitions ; 

The  ruin  and  decay  of  navigation ; 

The  abating  of  the  prices  of  our  wool,  cloth, 
cWDy  and  such  like  commodities ; 

The  enhancing  of  all  French  and  Spanish 
eMBmoditieB ;    that  all  owners  and  mariners, 
mak  £rers  others,  shall  be  cut  ofl*  from  the  nr- 
^  means  of  maintenance,  and  preserving 


And  all  French  and  Spanish  commodities 
AaUbe  in  a  few  hands; 

To  the  hurt  and  preiudice  of  all  the  subjects ; 
AMcfine  enacts,  it  shall  be  lawful  for  all  his 
■qerty's  suhjects  in  En^and  and  Wales,  to 
hm  me  liberty  to  trade  into,  and  from  S[Mun, 
Tnaot  and  Portugal,  in  such  sort  as  was  ac- 
ed  at  any  time  in  his  majesty's  time. 
4  Jac.  cap.  9.  Made  to  confirm  the 
r  to  the  emnpany  of  Exeter  Merchants, 
I  aognlar  reasons  recited  in  the  act  of  par- 
it,  declaring  the  stat.  SO  Jac.  cap.  6. 
I  Mt  fanpeach  that  charter  being  for  pub- 


flU.  45  Ed.  3.  cap.  4 
iU  le  cbannd  upon  wo 


That  no  imposition 
vitbout 
mot 
t  of  necessity,  for  it  was  the  common 
J  jet  it  was  thought  fit  by  the  parliament 
it  thai  tune,  to  declare  the  law  by  an  act  of 


iU  le  cbarsed  npon  wool  in  no  sort,  withe 
Ihi—rtflftbe  parliament :  this  statute  was  i 
■ale  out  of  necessity,  for  it  was  the  comm 


H.  4,  cap.  16,  17.  Against  letters 
e  to  ingross  trades,  &c. 
It  was  the  monopoly,  and  ingrossing 
I  by  illegal  letters  patent. 
When  iHegal  things  turn  to  a  grievance,  it  is 
«hI  Id  auppress  thein  by  acts  of  parliament, 
wi  Ml  to  leave  their  judgment  to  the  ordinary  i 


poly,  in  bis  3d  Inst.  cap.  monopolies. 

If  Mr.  Sandys  be  pictured  in  Mr.  Attorney's 
argument)  I  ta*ke  it  the  East- India  charter  ia 
pictured  in  this  statute. 

The  act  of  tunnage  and  poundage,  12  Car. 
9.  says,  The  commons  in  parliament  reposing 
trust  and  confidence  in  your  majesty,  in  and 
for  the  safe-guard  of  the  seas,  against  all  per- 
sons intending,  or  that  shall  intend  the  dis- 
turbance of  your  commons,  in  the  intercourse 
of  trade,  and  the  invading  of  this  your  realm, 
give  and  grant  for  every  tun  of  wine  of  the 
growth  of  France,  that  shall  come  into  the  port 
of  London,  1^  your  natural- bom  sul>ject8,  4/. 
lOf .  by  strangers  and  aliens,  6/. 

The  Kke  notice  taken  of  poundage  to  be  paid 
by  suhjects  and  aliens. 

Fol.  67.  Kates  in  wares,  silks,  imported  !■ 
ships  English- built,  directly  from  the  &st- 
Indies,  the  pound  weight  containing  sixteen 
ounces  ;  subsidy  duty  155. 

Of  the  manufacture  of  Italy,  imported  from 
thence  in  English- built  ships,  the  pound  weight 
containing  sixteen  ounces;  duty  1/.  13«.  4d, 

This  act  distinguishes  between  sulnects  and 
alien  importers,  between  English  and  foreign 
ships,  not  between  the  East-India-Com- 
pany  only  and  aliens  :  shall  this  law  made  for 
England,  be  now  appropriated  to  this  Company, 
and  the  rest  of  England  excluded  by  this  grant, 
against  this  statute  ? 

Til  is  law  js  made  for  all  the  king's  subjects 
and  their  English-built  ships. 

The  consideration  of  this  subsidy  moves 
from  all  the  subjects,  the  gi*ant  is  by  all, 
and  the  benefit  ought  to  be  for  all  the  subjecta 
of  England. 

The  law  is  the  same  as  to  foreign  impor- 
tation from  tlie  Indies,  as  to  importation 
from  Italy,  to  which  this  Company  doth  not 
pretend. 

The  act  for  encouraging  and  increasing  of 

shipping  for  navigation,    12  Car.  2.  the  best 

law  that  ever  was  made  for  England  in  that 

of  justice  without  declaration  first  ha(l    parliament,    except  the  laws  for  the  prero- 


kyaifiamentu 
8tal9lJac 


p.  3.  This  statute  takes  no 
tBBgthcnigh  the  kmg\  disposition,  judgment 
nd  declaration  was,  that  all  monopolirs  wero 


gative  : 

The  proviso  in  it  follows:    Provided  that 
this  act,  nur  any  thing  therein  contained,  ex- 
tend not,  or  be  meant  to  restrain  the  importing 
law ;  and  that  no  suitors  should  move    of  any  Enst- India  couinio(iitiL>s,  laden  in  Eng- 
k  grants  yet  upon  misinformations  and  i  lish-hnilt-ships  :  aiul  \vhGr(K)f  the  master  and 
pretences  of  public  pood,  many  such  ■  three- fourths  of  the  mariners  at  It^ast  are  Eng- 
have  been  unduly  obtained,  and  unlaw-  ■  lisb,  from  the  place  or  places  of  loading  them, 

in  any  part  of  the  sr.is  to  the  Southward  or 
Eastward  of  Cabo  Pona  SfHTanza,  although 
the  said  parts  l>e  not  the  places  of  their  growth. 
Til  is  law  made  for  the  increase  of  English 
shififiiug  and  navigation,  doth  tliis  Company 


Epul  in  execution,  to  the  great  grievance 
■eonveniunce  of  the  subject,  contrary  to 
lb  laws  of  the  realm. 

j^Fw  the  avoiding  whereof,  that  statute  is 
^Mea|{ainst  all  grants  to  any  person  or  jier- 


1^  bodies  p«ilitic  or  corporate,  of  any  mono- 

pif;  and  declares  the  san^e  illegal. 

^VlbfUtote  doth  quadrate  with  the  dcscrip- 

■iifanienopoly. 

Jkdrtk  llie  East- India  Company  ^  charter 

■wilt  ftkd»  and  parts,  and  in  the  exerdie 


invade ;  and  appropriate  this  shipping  and 
vigation  to  themselves,  by  excluding  all  other 
English  subjects. 

Is  this  for  incrra<:p  or  decrease  of  English 
shipning  and  navigntion,  to  confine  it  to  fefr 
hands,  oxcludiug  many  * 


b\  I J  STATE  TRIALS,  3d  Charies  H,  1684.— T»e  Crmt  Can  ofM§n9potkii 

There  in  neither  cotnmoii  nor  statute  Uw  caq  |      Hifl  distinction  for  mercHtote  to  tride)  wj 
ttoUl  iliis  Coin^>mnv.  out  coming  to  the  simple:  &ti4  ili«vi;ifi  be 

1  ho^M.*  ib«  judj^meot  of  tliis  ct>urt  will  bind    tmj^uifibe^  Wt^te^n  (U4;rcltjit)i»  And  tr^den, 
tliein ;  ^nd  Uiat  tius   act  of  pAiliamcDt   ^ill  I  are  oblig^ed  to  cotne  to  Ute  stajHe. 


jitvvail  against  tliis  Comiiany. 

The  |jn»%  is^t  is,  Ibr  a|)  Eni^IisliiDen  to  carry 
In  all  £it^li.<»h«U<iih  shi|Mi  a:iy  Eaj^t^Liiiia  com* 
minlitics  tiroii^lit  tnmi  infidels. 

The  churier  sayTi^  Ihn   CotiipaDy^  and  the 

ships  and  Uu'ir  mtu  tihnll  only  carry.     Which 

iliull   jtrevailf   the   set  of  fiarliauiciit    t»r  tlie 

(barter?  Th<»fe  laj«t  nitiitioiipil  acts  of  part ia* 

BCQtdi^tJUi^^aish  (^tw^n  6iibjet.-t?innd  tilieu  itii- 

artel's,  tKJiut^n  ED^j^lisih  and  fr'ordqn  ship* ; 

Not  bt^UvK'nthe  East- India  Coinpany  oiilvi 
mi  alit'us  :  Shall  lUtse  laws  made  iov  Eii|;land, 
*  Jiow  a ppni printed  lo  this  C-onipunv  T 
Shall  they  have  the  bent;tit  ot  it  f   Can  tbe 
fcing'^s  j^rHnt  take  from  \m  siibji«cU  the  advan- 
tnjreH  ^iven  by  nets  of  pfkHianienl,  and  appro- 
priate to  Konie  what  is  ^rranted  to  all  ? 

1  crave  leuvc  to  oliserve  some  thin^,  by  way 
of  antiwer  to  ]>Ir.  Attorney 'ft  positions  and  in 
ferciicfs  in  his  arsfomcnt  yesttnlay. 

Uedistio^iiisthcs  het»een  inland  ami  foreign 
adt%  he  did  allow  the  subject  the  beoetlt  ol  a 
K)Rie  trjde  «i  it  bout  rotraiot. 
That  the  hti^haudnuin  mi^ht  plough.  I 

That  aite  Engii-^hman  miunt  pnvately  sdl  tn 
ijotber  by  tbe  common  law,  withour  hcence 
lirorn  iJie  cruwn. 

\  et  one  sidiject  could  not  buVi  sell,  or  Unde 
rith  aiiotbf t  pubhcly  in  an  open  tair  or  mar- 
ket, wuhout  hc!t*nce  froin  the  crown,  and  thih 
br  the  prt^^ervfiiion  ot  tbe  pence,  to  prevc&t 
Dublie  aj^siniibhes  and  meetings :  and  that  no 
sir  or  m:irkrt  could  be  kept,  but  by  Uccuce 
|om  the  crown. 

J  think  there  are  fairs,  markets,  and  corpo- 

atioiis  in   Enj^land  by  prescription,  and  their 

eginning  is  not  known,  and  such  are  allowed 

by  law. 

And  pre<fcriplions  are  compared  to  the  bead 

fof  Nde,  which  rould  never  be  discovered, 

Auil  tliut  iiuch  ancic&t  prescriptions  arc  as 

ncjent  as  the  grants  of  kmgs  or  inhabitants  io 

tlte  world. 

And  lor  foreign  trade  ;  he  laid  it  down  for  a 

[  positiim,  tbiU  no    subject  could    trade  abroad 

vilhont  the  king's  U^euee  io  any  part  of  the 

hri^ian  world. 

I  do  not  find  any  authority  for  this,  practice 
I  against  it. 
The  rc^t  of  the  counsi?!  that  argued  for  the 
apany  did  not  insist  upon  it ',  nay,  they  did 
Lieem  tu' admit  r  trade  lor  English  merchants 
p-Hiih  ftlieu  christians,  wiiboutlbe  king's  licence. 
Thts  is  against  the  authority  of  E.  N.  Br. 
^85.  Uver  165»  'i96.  agninsi  lord  Coke's  opinion, 
Holls  hep,    Taylors  of  Ipswich,  8ut.  9.  H.  5- 
Chap.  ao.  Magna  Charta,  ft  £.  3.  cap.  d.  18 
f  JE.  3.  cap.  3.  25  £.  3.  cap>  *2^  3B  £.  3.  cap.  S. 
.  B.  «.  cap.  ^.  II  H,  7.  cap.  16. 
8tat.  ^6  H.  8.  cap.  10#  llaatall  566.  which 
llgives  li^e  king  tor  a  limited  Uiue  poiier  to  li- 
cense trade  and  traders  \a  some  oieasure,  m 
Bome  parts,  iu  sowe  c<»aimotUtittS*     Vide  the 
StMluie.  3 


What  warrant  hnth  he  (or  this  dittifiCliafli 
The  prayer  of  the  commons  to  tht;  king  in 
liamefit:  the  peiitious  of  mei^hauts  |o  tl 
king*  the  king^s  restraint  of  Uierchaiits 
their  trade,  notwitliOunding  acts  of  parli 
the  continuiug  of  the  stafile  DotwiihaiatMl*  ^ 
acts  ot  parliament  aeemiog  to  liie  oooinrjr; 
give  him  a  handle  for  this  ai^giiRUItt, 

1  H.  5,  7*  The  prayer  of  the  onmoiou  ta 
tbe  king,  to  send  foreign  merchants  out  of  ^ 
kingdom :  the  kiug*s  answer,  '  Roy  advifcis.' 
2  H.  5.  cap.  .5. 

Those  were  bills  in  padiaTDent  presented  t» 
the  king  for  tlie  royal  assent ;  so  were  mtty 
of  the  rolls  of  those  agies,  presented  10  ibr 
kin^  for  tb^ir  royal  ascent,  especially  in  ^hi:^p 
which  any  way  concerned  tbe  king  in  hisprt' 
roffattfe. 

The  cotnmons  did  not  demand  their  rigbti  b 
their  bills,  hut  by  petition  claiui  tbeir  right 

Such  an»»ver*  ot  *  Hii*y  adviscni,'  are  m  tt* 
gument  against  the  right  of  the  subject* 

Neither  i«  the  peuiion  or  prater  of  thecOio* 
mons  in  p^ii  liaiiient.,  in  an^y  matter  thai  ti  tbeir 
right,  to  tbe  crown,  any  argucneni  igiioA 
their  right. 

I'his  was  tbe  itsiial  method,  and  oocit^ 
ccHjrae  of  presentitig  acta  of  parliarueut  l»  tb» 
kings,  especially  iu  Rich.  3'^  time  5  H.  4*  w^ 
part  of  11.  5.  then  corrected  tipoo  some  €«i»* 
plaints  in  parliutiieut  tempore  H*  5.  und  H<  ^ 
which  may  be  read  at  brge  in  the  rotktif  pu- 
bament. 

It  is  their  usual  way  to  aeciirc  their  rigiite 
thus  ;  so  is  the  Pctitiiin  of  Itight  in  Car.  I 

The  Frincc'jicasf ,  Co.  Tit.  8.  tol.  19.  ifte^^ 
the  various  forms  of  acts  of  parhaitiont, ia  tii« 
Severn]  reigns  of  kings,  soiuetiipes  by  ftijf  v 
grants,  *Scc, 

That  the  staple  did  continue  till  k>sl»  hf  (b* 
toss  of  Calais. 

fcitat,  S  E.  3.  can.  9.  Thut  t^e  stapk  U- 
yond  the  st^as,  atm  on  this  «ide  tbr  seVi^- 
datueif  by  kings  in  times  piu^t*  and  the  |iiili^ 
thereupon  provideil,  stiiill  C4^ase,  &c. 

This  statute  look  at* ay  the  staples  set  np  ^ 
the  kings. 

But  there  was  a  staple  set  up  by  act  of  fit" 
liament,  and  retbrrned  and  altered  by  se^xl 
acts  of  parli:imeut,  ifid  continue  tiotwitbildlid' 
jiig  the  act  or  2  E.  3. 

But  Engtuih  nieri  hunts  are  not  witbtn 
of  those  staiutes,  or  the  meaning  of  tbt^P. 
And  I  do  not  find   that  Mr.  Attorney 
any   account    bow  tiieiie  staples    were 
away  (ly  Ian,  but  vanished  at  the  taiinf 
Calais ;  he  bath  not  told  as  the  beginiMiig  ^ 
ending  of  the  staple  by  law,  I  know  no  too- 
tDon  law  ftrr  llicm,  or  bis  distinclicia. 

Kotis  Ahr,  Prwocalive^  Title  l^roclaoui^ 
pi.  6,  2r  E.  3.  by  the  statute  ot'  the 
was  ordained,   tbat   merchants -ultei 
bring  from  beyond  seas  mercbaadise 
I  staple,  but  not  taeix^hunts-denitcen*. 


i 


ol3]  STATE  TRIALS.  36  Charles  IL 

UecBMie  mcrchanU-dcDiMiis  iioubtc<t  tc»  be 
iliCTchcd  in  time  to  coiuc  fur  their  inurcban- 
&u,  which  they  pMHed  by  virtue  of  such  ijrnint 
todprociMnation,  tbrasrauch  as  they  were  made 
•atufparijanwnt. 

Idfio  it  wgnated  in  parliament,  31 E.  3,  c.  2. 
.  8UL  5  R.  9.  cap.  3.  Thia  statute  prohibits 
■tUfiportation  of  gohi  orsilrer,  and  that  no 
pawn  other  than  lords  and  gpreat  men  of  the 
iMkn,  true  and  notable  merehants,  and  the 
lioK's  soldkn,  go  out  of  the  realm,  witliout 
'the  king's  lioence. 

This  ii  declaml  to  be  after  nnblication  of  this 
mHaamXf  which  implies  sucii  Jioence  was  not 
aeeesnry  betiire  the  mahuig  of  this  statute. 
.  Mr.  Attorney  was  pleased  to  allow,  licences 
to  pMticalar  persons  to  trade  were  not  re%-oca- 
Ut;  bat  companies  having  such  licences  inav 
,bt  disMilfed  by  Quo  Warranto, 

TiMfefore  mure  sale  to  fix  trade  in  compa- 


TIko  doCh  tliis  charter  do  tlie  greater  wnmg 
to  particular  persons,  who  by  law  may  have 
mk  Uceaoes,  which  cannot  be  taken  from 


All  it  dotk  BOl  appear,  but  Sandys  hath 
~~^  "    -  ee,  or  may  have,  and  ought  not  to  be 

thereui  by  any  grant. 
Mr.  Attorney  din  turn  this  matter  upon  a 

C&n  ef  lacty  which  will,  or  will  not  make 
CMMny  and  their  grant  a  monopoly  : 
To,  WlwCher  this  company  and  their  grant 
ki  iiiEe  good  and  advant^e  to  the  trule  of 


? 
ii  a  matter  not  to  be  decided  in  this 
•ft,  I  sapiKwe,  and  we  cannot  come  at  this 
fnlbu  in  tois  case ;  theiefore  not  fit,  safe  or 
vi»ls  determine  the  law  in  this  case;  till 
Ik  Act  be  cleared  and  settled,  and  that  in  such 
ajaieatvre  where  this  question  may  be  de- 
taainad  and  settled,  and  the  law  thereupon 
.Mocd  and  established. 

hipPBsrs  to  the  eoilrt,  there  are  many  il- 
hnd  iaings  in  this  grant. 

Tktt  the  grant  is  a  restraint  to  jhe  trade  of 
lariiik  merchanta. 

laatit  is  a  new  grant. 

IWt  it  may  be  dangerous  to  establish  such 
'pMs  by  judgment  in  a  Mmrt  of  iaw. 

That  taere  are  some  things  in  the  Canary 
pMat,  in  Darcy's  patent,  nay,  in  the  patent 
'fcspau  wines,  that  were  commendabio  and 
itolhl ;  yet  that  litde  good  did  not  prerail,  but 
AiwMe  perished,  and  was  poisoned  in  the 
l^apdy  A'  those  grants. 
.  his  adsisabie  how  this  court,  in  this  action, 
■a  a^adge  for  the  plaintiffs  upon  this  record 
the  whole  grant  is  set  foitli  u|M)n  record 


stofhadiag ;  and  it  appearing  to  tlie  court,  tliat 
jitot  parts  uf  thia  grant  are  manifestly  illegal, 
jli  amy  aoeaaiaa  oppression  to  the  subjert, 
gitet  the  best  parts  of  this  grant  arc  doubt- 
■'-^foaAaruaefiil  forEughuid  ortliatnule 


open  this  roll,  for  what 
gcBui  the  uourt  shall  adjudge  for 
defeadant 


l6S4.— Tlie  E.  L  Compm^v.  SanJfyi.  [514 

And  it  cannot  appear  what  part  of  it  doth 
appear  to  the  court  to  be  illegal. 

This  may  turn  to  a  precedent  for  the  whole 
grant  in  alier-agcs,  since  we  judge  by  prece- 
dents :  and  this  precedent  may  occasion  more 
monopoly-patents,  and  this  judgment  givetheni 
sanction. 

As  for  the  second  pouit  in  this  case ;  whe- 
ther tliis  action  bcanaintainableby  the  Company 
against  the  defotidaut  Sandy's,  admitting  their 
grant  to  be  good : 

1.  To  alluw  such  an  action  in  a  court  of  law 
for  this  Company  against  a  single  subject, 
will  be  to  give  them  opportunity  to  ruin  any 

I  subject,  that  shall  oppose  them  in  trade. 

They  that  are  too  great  for  all  otlier  compa- 
I  nies  in  England,  must  be  too  strong  for  any 
I  private  subject  in  contest. 

2.  If  their  grant  be  a  legal  grant,  they  hare 
sufHcient  pains  and  penalties  in  it  to  reduce  anv 
perpon  to  compliance  with  tlieir  grant,  without 
the  aid  of  actions  in  Wcstininster-hall. 

And  the  grant  which  makes  them  a  com- 
pany, and  doth  constitute  them  and  their 
power,  doth  direct  tlie  -remedies,  ways  and 
methods  to  support  and  maintain  them  in  their 
power  and  company,  in  ell  the  thin^  granted 
j  them  ;  and  tliere  lieing  no  remedy  given  them 
'  by  action,  I  think  it  may  be  hard  to  ailjudge, 
that  an  action  will  lie  tor  them  in  this  case, 
against  the  defendant. 

Incases  of  new  injuries  crcateil  by  grants 
or  by  act  of  parliament,  and  remedies  created 
to  repair  sucu  injuries  in  the  grants  and  acts 
tliat  create  them,  such  remedies  are  to  be  pur- 
sued, and  not  new  remedies  to  be  gircn  iu 
courts  for  such  new-created  injuries. 

This  is  an  action  brought  upon  the  grant, 
where  no  such  remedy  is  provided  by  the 
g^nt,  and  other  penalties  are  provided  By  the 
grant. 

The  grant  directs  and  gives  forfeiture  of  all 
the  goo<is  iinpoiifid  against  it,  and  the  ship, 
wherein  they  are  imported  ;  but  the  grant  dotti 
not  express  the  ofTtMider  to  answer  dumaif  os  to 
the  company,  which  is  required  by  this  action, 
and  no  special  damr^es  arc  laid  in  the  dccla- 
ratiou. 

This  is  like  a  penal  statute,  which  creates 
an  oflbnce,  and  ailds  a  peiuilty . 

The  party  ought  to  sue  for  such  penalties, 
and  not  to  sue  for  damages  in  au  action  uikiu 
the  case. 

This  may  be  the  case  upon  the  statute, 
2  K.  (3,  for  tithes,  it  ^ives  debts  and  no  da- 
mages ;  so  the  case  doth  not  lie  upon  that  sta- 
tute. 

Upon  the  statute  for  forcible  cntrirs,  nml  upon 
all  otlier  penal  laws,  which  \;\\e  pcnallics  by 
^nprlc,  double,  w  tn'hle  damajqri*s ; 

It  was  never  prnctist^d  li»  hrin«r  ju'iions  upon 
the  case,  upon  such  stululrs,  unltn?s  in  l>arcy*s 
case,  whioli  action  luiscarrioil,  M<H)r(tri. 

I  humbly  conceive  thi;*  art  ion  in  not  like 
actions  upon  the  ct>stoin  nf  I^ndon,  or  upon 
duties  to  the  city  ofI.<oiul.)ii,  which  have  bccu 
brought  by  way  of  indebiuints  for  the  dutw 

aL 


615 J  STATE  TRIALS,  36  Charlks  IL  i6S4.-.T&c  Great  CaHafMm^lk$:  [516] 

lih.  Ov  *  piiblicutu  rlamnum^  is  i>ift  to  be  iv* 
formed  liv  action  ujioii  t\)e  eas^i  l«iit  by  |iiihlic] 
proceeiliujrs  by  indict uient:  or  the  like  r 
ii««  *  pro  privatu  (lamno/ 

The  proet'edinn;  of  ibe  Com[»any  in    tliMJ 
action f  i^  tiuppuMnl  to  be  to  rus^bt  tbJ  jiiiblic  ia] 
tbe  lianiL*  of  tb**  Company  ;  out  fi>r  lb**  ir|4* 
ration  of  private  darnugc,  but  to  repair  Uie  pub- 
lic tu  Ibeir  Coiop.iriy. 

Tbe  C'oin|iaiiy  is*  in  tbe  nature  of  tb«?  Idir 
fancinl  CustmU**}  libertatis  Aiiffliir ;  ^  niitiuQ 
to  serve  tbe  public,  as  tU»*y  woidtl  bavo  it ; 

And  not  to  be  lifted  to  n/iH>ver  daiii}tg««  fdr 
private  injuries,  but  to  &up|K)Tt  and  «a%c  tl«t 
trade  in  public  actions* 

Tliis  charter  restraiusc  tbe  kinijf  in  biJi  pfiTft- 
j^tive,  tbe  kin^oin  in  its  trade,  tbe  subjects  f& 
tbeir  freetlom  to  trade;  tbe  king  i«  coucwnd 
in  bis  revenue,  the  subject  in  bis  ngbt,  in  tb* 
question. 

What  the  Contpany  cannot  acc3i»mj)iisli  kj 
the  fiiricitnrrs,  powers  and  pen  allies  of  ibeit 
ebailer;  ibej'  deiii^o  to  establi»b  by  ihejadg 
incnt  of  the  court,  in  this  action  for  the  Com- 
pany ♦ 

I  know  the  justice  of  this  court  i>  superior 
to  tbifi  Company,  and  it  is  placed  in  safW  tod 
better  hands  than  tiiuie  or  rt>gidalion  «f  il  tti 
tbe  Company  for  England. 

I  therefore  pray  your  Juds^innt  a^ifistilie 
Company,  and  tbeir  action,  for  the  Udadut. 


In  all  these  casec  there  was  a  certain  doty 
cre;Ltei1  by  tbe  grant,  custom  oreharter^  vvhieli 
made  the  party  ilebtor  to  the  corporaiion ;  bu« 
in  ibis  ca??e  liere  is  no  duty-cre«ited. 

Only  an  injury  declared,  and  a  penalty  di- 
.  rected,  wluch  ouijlit  not  to  be  (onied  to  an  ac- 
tion upon  the  case,  in  my  opinio u. 

1  h(»[ie  tbe  court  will  not  make  a  precedent 
for  the  company  t(»  niuttiply  actions  against 
alt  persons  tbal  they  conceive  to  be  iuterto|M.'rs 
or  agj^ressors  upon  ^bcir  grant,  company  or 
trade. 

Til  ere  is  no  special  damages  laid  in  tbe  de- 
clai'ation  to  accrue  to  the  cumpanv  , 

Only  in  general,  that  tbe  ileh?ndani,  c«m- 
ary  to  the  form  aad  effect  of  these  letters 
itent,  did  trade  within  the  liniiis  of  their  grnut 
ivitbout  Ucence  of  the  couiminVt  »itli  a  \liip 
catletl  the  Expectation,  to  the  prCfUfhcc  of  the 
company. 

VVillium8*s  case,  Q.  Co.  5.  fol.  73.  Defendant 
eini>  vicar  of  Alderbury  in  Com»  Salop,  h 
bbged  by  himself,  or  hi»  ehaplainf  to  celebnite 
li*ii>c  service  at  Woiduslon,  and  within  the  pa- 
'sli  of  Alderbury  every  Sunday,  and  to  ad- 
aini^er  the  ^crameotto  the  jdaintitl',  his  ser- 
vants and  tenants  within  bis  $aid  manor,  time 
^iiM%  of  mind. 

And  that  tbe  defcudaot  hail  not  c#'Iebi*ated 

Piviue  service,  or  admiuislereil  thesucmment  to 

he  plaintiff,  bis  Mcrvantt*  and  tenants  for  a 

ertain    time  *  ad   damnum'   of  tbe  plaintiff, 

•ion  cuL  j)leade<l,  verdict  tor  tbe  plaint  itr,  movetl 

I  arresit  of  jnd^mtut,  that  an  action  upon  tbe 

tanc  doth  not  lie,      Iliul  tbi^  been  a  private 

icbnj)el  for  bimf^lf  and  fiunily,  an  action  upon 

"le  case  had  lain;    for   then  no  other   person 

have  brought  aii  action  but  lumseU';  \m 

rants  CO ukl  not. 

Tint  in  tins  uctioa»  Ilia  teDantu  might  bring 
Ibeir  actions. 

Which  may  occa^^ion  multitudes  of  HUtl4i,  for 
le  default  in  the  plaintiff. 
The  bame  may  happen  in  this  case ;  every 
ember  of  this  Crirapany  may  bring  the  like 
tton  n^^ninst  tbiti  det'enilant. 
And  as  in  that  case  tbe  plaintiff  had  hi^  re- 
letly  in  the  ecclesiastical  couits  ;  so  hath  tbe 
irapany  their  riiraedy,  as  iheking  hud  against 
offenders,  in  traile  without  licence. 

If  licence  was  neceiwary  by  law,  by  con- 
tempt to  bis  royal  nreroguti've,or  proi^aiuntiou  : 
Compare  it  to  the  ease  of  a  nalsaiiLe  io  tbe 
^ighway%  no  action  lies  lor  ii,  vvitbout  ej^)ccial 
*  linages^ 
They  do  not  ^ver  in  Uie  declaration,  that 
lis  trade  cannot  he  managed  wtlliout  their 
'ompany. 
If  there  be  any  legal  punisliuieDt  pri>vid€Hl 
r  micb  otfenders,  such  puuisliments  are  lo  be 
uriiued,  and  not  new   remedies    bv   aclmns 
cicMied,  to  tbe  grioance  and  oppression  ot  the 
'  lulyect* 

Uurcy  and  Allen,  action  on  the  caiie,  bron;^ht 
J>y  Darcv  against  Allen,  lor  filing  eurdv^  con- 
iry  toW  patent;  judgment  pri*  l>ef. 
WUhoms^a  case,  aCo.  p.  |tj«  Mary 'a  case, 


Tmit.  HilL  36  and  Sr  Car. 

This  Term  tbe  Judg«»  delh 
nrons  srfiuiim  in  tbb  great  ( 
was  but  slKirt,  and  his  reason^ 
in  those*  of  Ifolloway's,  Vc.  \i 
1  hare  omitted  thetn\  to  avoid  ;,,,.,. 


ifo/Mica^  said^  all  might  lie  rrdnr^^tl  to  cue 
single  point,  which  was,  wh»  i  lirter 

grautiiig  a  sole  trade  to  tbiii   '  -     ,  CK- 

chibive  to  all  others,  l»e  good  ? 

Ill  at  tbtii  was  a  great  point,  liolh  in  vvptd 
of  tbe  kuig'5  prerogative,  and  Uie  peoplv't  b* 
berty, 

lie  rlivided  all  trade,  uf  supret  was  done  fV 
Sawyer,  attorney -general. 

Foreign  trade  witii  Christians  hath  ka 
opened  l»y  several  acts  of  |»ar!i.imeni ;  aail  it 
common  Jaw  it  was  an  inb*"  *  *  r,r*r*»,^..»rpcti 
tlie  crown,  that  noue  si  m- 

reignci's  without  the  kiiiLi  i  the 

king  bav»n:,M  his  prerogative  ai  common  liw* 
an  act  of  pai  Jiainent  ts  necessary  to  difcst  htm 
of  it }  which  none  hatli  done  hut  lo  aoioe  ptr- 
ticular  ptaoe^i, 

IVIi  *  s  case,  cited  by  tboiie  tliat  if- 

gtK  >mpany,  hath  not  m  any  «t 

beeii  uKNwt-M  fi  by  the  other  side. 


517]  STATE  TRIALS,  SS  Charles  n. 

This  it  a  trade  not  to  be  carried  oa  but  by  a 
CmpBoy ;  and  none  can  erect  a  Company  bat 

The  king  hatli  the  sole  pmver  of  this  trade, 
as  of  war  and  peace ;  and  by  dtHslariiig  a  war, 
be  nay  detemune  a  public  traile,  though  set- 
tledby  act  of  |iarlianient. 

Bio  iiarliamcnt  ever  looked  on  this  as  a  mo- 
Bopoly,  navi  so  far  from  it,  as  in  the  14  Car.  2, 
cap.  34,  tlii»  Company],  ^c.  are  said  to  be  an 
•dfsniAtfe  to  the  public;  and  that  act  was 
Bide,  that  the  peivous  of  this  Company,  &c. 
sboold  not  be  diifCouraj§;ed  in  those  honourable 
tadcaToara,  for  promoting  public  undertakings ; 
then  how  can  this  be  a  monopoly  ? 

Itnerer  bath  been  questioned  as  such  by 
priiamenl,  tbongli  they  have  looked  narrowly 
mto  the  king's  prerogative,  even  to  the  (ines- 
liiniBg  some  thugs  that  were  his  undoubted 
r^t ;  and  condiules  pro  Quer. 

WUkitui.   Here  are  two  points ; 
Knt,  Whether  letters  patent  givinflf  a  sole 
ftide  to  a  Company,  exclusive  to  others,  be 

Seeondly,  Whether,  in  case  if  they  be  good, 
Mactmilies? 

He  thmks  there  is  but  one  question,  and  that 
whohcr  the  action  will  lie  or  not,  as  the  Com- 
fay  kith  an  interest  or  not  For  if  they  have 
aa  ■liimt  by  these  letters  patent,  then  the  ac- 
tM  wift  aquestMMidily  lie. 

IV  oat  depending  solely  oa  foreign  trade 
vitk  iiMeU«  he  shall  apply  to  that,  and  not 
■fltfe  with  inland  trade. 

Tb  a  great  point  as  to  the  king's  preroga- 
1i%  and  the  people's  liberty. 

Ao,  He  takes  it,  tliat  by  the  common  law 
Ac  king  has  a  prerogative  to  restrain  all  his 


I  from  gomg  beyond  sea,  as  F.  N.  B. 
IS.'  Tb  true  F.  says,  every  subject  may  go 
iitcCcbe  realm  to  merchandize,  <S:c.  but  that 
kto be  undorstood,  he  shall  not  be  punished 
fersadoins,  but  the  king  may  prohibit  him, 
ai  appear  bvtlie  same  Iraok;  and  that  three 
•tja,  i.  e.  by  the  great*  seal,  the  privy-seal  or 
■9BB^  or  by  proclamatiou.  And  though  in 
I^er  165,  citedf  by  Mr.  Williams,  'tis  said,  that 
knre  R.  3,  subjcicts  may  )>o  beyond  sea,  yet 
Vs there  agreed,  tlie  king  may  prohibit;  and 
a  f  acre  is  made,  if  a  going  over  without  a  li- 
moe  he  not  a  contempt,  though  there  was  no 
pnUbitioo.  AiWrwards  in  the  same  book, 
tM,  'tis  boUen  such  departure  before  express 
jNkiMoD  is  no  contempt ;  but  all  the  books 
a^Tfl  when  there  is  a  prohibition,  then  it  is  a 

'  As  none  may  go  against  or  without  the 
MilfB  lioence ;  so  if  they  are  gone,  the  king 
nrncal  them,  as  appears  by  Dyer  S75. 

*«  olgeeted,  the  king  may  prohibit  some 
Mieriar  persons  by  writ ;  but  he  cannot  pro- 
■UlallhisMiMeGU. 

iMnnd,  There  are  several  ways  of  pro  • 
liii^  bj  writ,  which  is  directed  to  particular 
fMMij  ■»!  by  proclamation,  which  is  ge- 


l6S4,.^The  E.  t.  Cemp&ny  v.  Sandys.  [hVi 

And  all  the  king's  subjects  are  bound  to  take 
notice  of  the  king's  great-seal  and  privy-seal. 

Secondly,  The  king  hath  the  controuling 
power  over  all  trade  witli  infidels ;  he  may  say, 
over  all  foreign  trade  in  general :  he  saith,  An- 
cbelliome's  case  oroes  farther  than  Fitzhcrbert's 
N.  B.  aud  he  hath  not  heard  any  authority  of- 
fered against  Miclielborae's  case,  as  to  trade 
with  infidels ;  and  the  opinion  in  that  case  seems 
to  be  pv^n  upon  such  a  question  as  this.  So 
that  It  is  tlie  judgment  of  -the  court  in  a  like 
case,  fur  he  who  was  then  chief-justice  deli* 
verrd  it,  and  none  of  the  court  opp<ised  it. 

The  prerogative  of  making  leagues  is  in  the 
king, and  he  may  make  tbcin  as  he  pleases; 
then  it  would  be  hard,  the  law  should  five  the 
king  a  power  to  make  leagues,  and  yet  the  sub- 
jects should  have  a  right  to  do  sucn  things  tp 
break  them.  But  though  the  subjects  may 
not  trade  with  infidels,  yet  the  king  may  li- 
cense them,  or  trade  himself;  as  the  Jews  were 
prohibited  commerce  with  the  nations,  yet 
Solomon  traded  with  Hiram  king  of  Tyre  for 
gold. 

The  several  licenses  and  petitions,  cited  and 
shewn  by  the  plaintiffs  counsel,  tliough  thej 
prove  no  right  in  the  crown,  yet  are  evidence! 
of  it;  for  to  what  purpose  suoold  there  be  so 
many  licenses  fit>m  the  crown,  and  petitions 
from  the  Commons  to  the  king,  for  liberty  to 
trade,  unless  the  king  had  such  a  right  ?  There- 
fore,  unless  where  the  pariiament  nath  opened 
it,  the  king  hath  power  to  coutroul  all  foreign 
trade,  especially  with  infidels. 

Objecuon.  But  thonf;h  the  king  had  such 
right,  yet  now  the  prohibiting  part  of  the  pa- 
tent is  void  by  the  statute  of  K.  3.  which  is 
pleaded;  and  the  enabling  part  of  the  patent 
is  void  by  tlie  statute  uf  Monopolies. 

Answer.  As  to  the  first,  that  statute  relates 
not  to  this  trade. 

First,  Because  no  such  trade  then  in  being ; 
so  that  the  parliament  could  have  no  regard  to 
it,  unless  by  prophecy,  neither  could  they  know 
whether  it  would  prove  hurtful  or  beneficial  to 
the  kingdom.  But  take  the  act  at  the  laigrst, 
yet  you  must  take  it  to  relate  to  the  subject 
matter,  which  was  (or  wool ;  so  that  the  words 
'  shall  be  open'  may  be  taken  *  free  Irom  custom/ 
and  tu  have  no  other  impositions  upon  them. 

As  to  the  second,  whether  a  monopoly  :  he 
says,  a  monopoly  is  no  immoral  act,  nut  only 
against  the  politic  part  of  our  law ;  which  if  it 
hap|)en  to  be  of  advantage  to  the  public,  as  this 
trade  is ;  then  it  ceases  also  to  be  against  the 
prohibiting  part  of  the  law,  and  so  not  within 
the  law  ol  Monopolies. 

The  company  hath  been  in  possession  of 
tltis  trade  near  one  hundred  yeant,  and  thai 
|)ossessioii  will  in  time  give  a  right :  aud  cited 
*  (irotius  de  Jure  Facis,'  &c  and  concludes 
pro  Qucr, 


S19]  STATE  TRIALS,  S0>Cbaalbs  II.  l694.— Tie  Great  Cote  ffMMVoOt^:  [SSO 

The  ARGUMENT  of  the  Lord  Chief- Jastice  I  {[J^"^'  the  ca«  wm  ie«rfved  into  the.  two 

points: 

1.  Whether  these  letters  patent  fpiinff  or 
granting  license  fir  lihcrtv  to  the  platntilb,  to 
exercise  the  sole  trade  to  the  Indies,  within  the 
limits  of  their  frnni,  with  prohihitiim  to  sU 
others,  be  i^nod  in  law  ? 

'2.  Admittini^  the  i^nt  sood,  whether  this 
action  be  maintainable  for  the  pbuntifis  ? 

Now  to  let  roe  into  the  debate  of  theee  two 
points:  I  think  nut  amisj,  to  remember  soae 
tbin^^  tliat  have  been  mentioned  by  the  ooon- 
sol,  that  I  tliink  are  no  wajn»  in  qoestiOD. 

1.  At  this  time  I  conceive,  therefore,  that 
whether  the  kinff  may  prohibit  his  snfajeels 
from  ^in^  beyond  sets  Dy  writ  or  Q«herwin, 
by  his  absolute  prerogative,  without  giving  any 
reason,  is  not  the  (question;  nor  rare  was  it 
ever  thought  a  question,  till  it  was  lately  itimd 
at  the  bar.  For  tlie  writ  in  Fits.  N.  B.  85.  and 
the  Register  import  no  such  thing ;  and  oar 
books  say,  the  surmises  mentioned  in  those 
writs  are'not  traverseable:  so  is  Dy«r  166  aid 
296.  For  surely  the  king  may  restrain  his 
subjects  from  going  beyond  sea,  and  ia  nol 
bound  to  give  any  reason  lor  his  so  doing ;  but 
that  is  not  now  in  Question. 

2.  In  the  next  place,  1  do  not  concetre  there 
is  any  ditftrence  (though  much  disoonrse  bath 
been*about  Indians  and  Infidels)  whether  the 
Kast- Indies  were,  at  the  time  of  thepwit  sf 
this  iMLteiU,  inhabited  by  cbiistians  or  mfideb  | 
though  by  tlio  way,  in  the  debatuig  ot'  this 
case,  1  shall  shew  jierhaps  that  matter  n»T  in 
some  measure  affect  the  defendant,  hut  will  not 
at  all  affect  the  grant  to  the  pUintiffs.  So  that 
I  coiu'civc,  that  whether  this  country  or  placei 
or  any  other  inhabited  by  christisns  or  iuMeb, 
that  is  not  otherwise  provided  for  by  act  of 
pariiamrnt,  will  make  but  the  same  queslion. 

3.  Whether  every  clause  and  article  in  these 
letters  patent,  viz.  touching  forfeiture  ef  ship 
and  goods,  imprisonments,  or  iKvers  ollMr 
clauses  contained  in  the  charter,  be  legal  or  not, 
is  not  now  in  question.  For  surelv  it  vrooMbe 
hani  to  maintain  them  all,  and  thcvefbre  the 
nlaiiititi''s  coun«i>I  have  avoided  those  quratioM, 
Dv  bringing  this  action ;  and  though  the  de« 
feiidant's  counsel  have  mentioned  them,  yd 
sui-ely  it  was  only  intemled  to  sully  the  cauK, 
an<l  not  that  they  thought  them  to  atiect  the 
quoHtion. 

4.  Nor  is  it  tbt^  question,  whether  by  this 
grr.nt  to  the  plaintiffs  tlie  king  has  letterail  er 
confined  his  pi-entgativt*,  by  putting  in  a  ( 
nant  to  exclude  himsdf  from  granting  I' 


JEFFEttlES*,  at  the  Cnurt  of  King's- 
Bench,  concerning  the  Great  Case  of  MO- 
NOPOLIIiS. 

Th?  l'*nst- India  Company  Plaintiffsv  and  Tho- 
)iias  Sandys  Uef'rndant ;  wherein  their 
I'aaMit  for  trading  to  the  East -Indies,  ex- 
clusive of  all  others,  is  adjudged  good. 

Entered  Trin.  fl/i  far.  2.  B.  R.  Rot.  126. 
add  adjuilged  'rcrinino  S.  Hilar.  Annis  36  and 
37  Car.  2.  and  Prima  Jac.  2. 

Pl.E4. 

1.  Defendant  demands  Oyi-r  of  the  letters 
patt'iit  which  arc  set  forth  *  in  ha'c  verba :'  In 
which  (as  it  hath  been  observed)  the  penalty  of 
forfeiture  of  ship  and  goods,  one  moivty  to  the 
king,  and  the  other  to  the  company,  and  im- 
]HUOiimciit,  is  omitted. 

2.  There  is  a  clause,  that  the  company  may 
license  strangcra  or  otiiers,  and  that  tlie  king 
will  not  without  the  consent  of  the  coini>any 
give  licenses.  Sec. 

3.  That  none  shall  have  a  vote  in  the  gene- 
ral assembly,  hut  he  that  hath  500/.  stock. 

4.  And  there  is  another,  which  hath  not 
been  mentioned  by  the  coirasel  on  either  side  ; 
that  if  it  should  hereafter  appear  to  his  majesty 
er  hb  successors,  that  that  grant,  or  the  conti- 
nuance thereof,  shall  not  Im  pn>fitablc  to  his 
miyesty,  his  heirs  and  successors,  or  to  tlus 
realm,  that  afler  three  years  warning,  untler 
the  privv-seal  or  sign  manual,  the  same  should 
be  utterly  void. 

For  Plea,  the  defendant  says,  hy  an  act  of 
parliament,  made  15  E.  3.  it  *i&  enacted,  that 
the  sea  shall  be  open  for  all  merchants  to  pass 
with  their  merchandizes  where  they  nlease ; 
and  that  the  dcfcMdant,  by  virtue  of  that  act, 
and  Ikccording  to  the  cominon  law  of  England, 
did  traffic  within  those  places  mentioned  in  the 
declaration,  withtmt  any  license,  and  against 
the  will  of  the  company,  as  the  plaintilfs  have 
declared,  *  prout  ei  bene  licuit.' 

Plaintiffs  demur. 

In  the  debate  of  this  can^*,  at  tiko  Itar,  there 
were  several  matters  discoursed  of;  but  at 
length  by  the  consent  of  botli  sides,  as  I  np- 


♦  "  This  was  the  great  cause  that  depended, 
at  that  time,  against  Sandys  fur  inteiluping:  but 
eoncenied  the  merchants' in  Lonilon,  wlio  ctmi- 

eined  against  the  East  India  Company  for 
ng  a  inono|ioly,  an.l  bv^^an  almost  to  form 
an  intcrlopini^  coni|iany.  But  the  judgment  to  otiiirsofhi.s  subjects  to  trade  within^theHinili 
of  law,  being  for  the  Ci>iiipany,  put  a  stop  to  it.  of  the'  plaintiffs  rliarter ;  though  Mr.  WilNane 
Jefferies  eS|K>used  the  niatief  w  ith  great  fury  ;    (always  a  friemi  to  the  king's  prerogative),  in 


and  though  not  much  gi\en  to  law  iiiaUera,  he, 
■o  giving  hw  indginent  made  a  prolix  Argu- 
ment, as  the  Reports  of  the  cas4*,  wherever 
they  appear,  will  shew.  There  was  somewhat 
extraordinary  at  the  bottom:  but  I  have  no 
ffrouud  to  say  what."  North's  Life  of  the 
Lord  Keeper  Guilford,  vol.  2*.  p.  109.  Edit. 
1808. 


tenderness  and  care  thereof,  seemed  to  be  snr> 
prLsetl  by  the  inconsiderate  extravagancy  of  the 
grant;  and  would  have  us  bc!ieve,  that*he  w« 
afflicted  with  the  dismal  consequences  thai 
must  necessarily  ensut^  by  the  king's  parting 
with  so  great  a  prerogative ;  and  that  e&her  bv 
the  advice,  consent,  or  the  inad^eiiency  of  hs 
attorney -general,  and  the  rest  of  his  < 


a,  I  am  of  opioiou,  tlioog^h  it  makes  no- 
ihiB^  to  tlw  c|uestion  that  is  now  Mem  us,  the 
Idnsr  niay  {^nt  liceiii*es  to  any  of  bis  subjects 
li  trade  to  the  £a8t- Indies,  notwitlLstandin^  the 
cbirter,  or  any  article,  danse  or  condition 
uiied,  to  the  cantraiy  ;  and  not- 
any  caution  or  advertisement, 

bis  iipinient  he  gate  to  tlie  king,  or 
Ui  rejection  that  he  made  upon  his  counsel, 
dliter  fbrtbeir  ignorance  nr  hasty  inadvertency 
■  tiw  pMriii|v  of  that  Qnux.  '  And  I  am  the 
nihcrimlnced  to  be  of  that  pereuasion,  for  that 
At  Boat  learned  of  our  profession,  whose  opi- 
MW  have  been  quoted  by  him  and  others  that 
hwB  arned  on  the  deiendaut's  side,  were  then 
if Ihe  kiBit's  counsel,  and  were  privy  to,  and 
*^~^'i  bi*th  these  letters  patent,  and  all  otliers 


SilJ  STATB TRIALS,  36  Crarles  H.  j684.— 7%e  E.  L  Company  v.  Sandys.  [599 

bf  having'  a  ^mter  r^faid  to  the  East-India  any  of  the  cfauses  in  the  charter ;  so  I  am  of 
Uapaav  for  the  sakie  of  their  money,  than  opinion  that  that  objection  also  does  not  affect 
tbey  had  to  the  kiu;^  in  discbargv  of  their  duty,  the  question  now  tn  l>e  determined :  and  for  that 
T«  acquit  tben  and  us,  therefore,  of  that  resbon,  amongst  utbcrs,  I  thoiig;ht  it  not  im- 
proper to  mention  tl»at  clause  m  the  charter 
that  was  omitted  at  the  bar,  whicb  the  kinj^ 
has  annexed  as  a  condition  to  his  i^rant ;  that  if 
it  siiouhl  hcrcat^cr  ap|>ear  to  his  majesty  or 
his  sucoessors,  that  that  ^JT^nt,  or  the  continu- 
ance thereof,  in  the  ^holc  or  in  anv  part,  should 
not  be  profitable  to  his  majesty,  liis  heirs  and 
succciisors,  or  to  this  realm ;  that  after  three 
years'  u-amini^  by  warrant,  under  the  king's 
seal  or  sijzti  manual,  it  should  lie  made  utterly 
void.  S<i  that  it  ajipearine  that  the  king  hath 
neither  divested  liimself  of  the  power,  nor  at 
tlietime  of  the  ^ant  did  desi^  to  be  prevented, 
to  shew  his  inclination  for  the  promoting  of  tlie 
advantage  of  his  kingdom  has  given  himself 
scoi»e  enough  to  obviate  all  those  cmergenciea. 
Yet  by  the  way  I  cannot  but  observe  that 
Mr.  W'illiams,  to  shew  his  dislike  to  a  com- 
monwealth, declared  it  to  be  absolutely  oppo- 
site to  the  intei-est  of  a  single  person ;  but  the 
single  person  he  concerned  himself  for,  was  not 
the  king  and  his  prerogative,  but  his  client  Uie 
defendant,  and  his  trade  ;  who  though  I  can* 
not  in  propriety  of  speech  call  a  common- 
wculth,  yet  1  cannot  but  think  this  opposition 
of  his  Seems  to  proceed  from  a  republican  prin- 
ciple. Tor  he  by  his  interloping  has  been  the 
firvt  subjpft  that  \\  ithin  this  kingdom,  for  near 
an  hnndred  ^'ears  last  past,  hatli  iu  Westmin- 
ster hd!l  publicly  opposed  himself  against  the 
king's  undoubted  prerogative  in  the  grant  now 
h(*fm-e  us :  and  I  hope,  by  this  example,  the 
rest  of  hrs  majest)  's  subjects  will  be  deterred 
from  the  like  disobedience. 

There  were  some  other  superfloous  objec- 
tions made  against  the  clauses  in  the  charter^ 
and  against  the  formality  of  the  pleadings, 
which  1  think  not  necessary  to  rcmcndier ;  and 
therefore  having  thus  premised,  I  shall  now 
descend  to  those  points  1  think  only  material 
in  this  cause. 

1.  The  first  and  great  point  in  this  cause,  is, 
whether  tliis  grant  of  the  sole  trade  to  the 
Indies,  to  the %ast- India  Company,  exclusive 
of  all  others,  be  a  good  grant  in  law  or  not  ? 
/Vnd  I  am  of  opinion  it  is.  And  by  the  way,  I 
cannot  but  make  tlie  same  remark  in  this 
case,  as  my  lonl  chief- baron  Fleming  made  in 
the  great  case  of  Bates  in  the  Exchequer,  Lane, 
f.  27,  that  it  is  a  great  grace  and  eminent  act 
of  condescension  in  the  king  to  this  defendant, 
that  hv.  does  permit  this  great  point  of  Ills  pre- 
rogative to  be  disputed  in  Westminster- hall; 
but  by  this  he  iloes  sufficiently^  signify  to  all 
his  siibjccti;,  that  he  will  |)crsist  in  nothing, 
though  it  KTcm  ni'Ver  so  much  for  his  advan- 
tage, hut  aru'ordiug  to  the  laws  of  the  land.  I 
sIihII  thcroinn;  endeavour  to  nkakc  it  appear, 
that  lie  is  ixw  csU:d  with  this  prerogative  ny  tlie 
law  of  this  nuti^iii  :  but  by  the  law  1  do  not 
only  menn  ilit  eustoniarv  <M)mmon  hiw  or  sta- 
tutes of  this  ri  ulm,  wliieh  are  native  and 
peculiar  to  this  naiion,  which,  as  Nr.  Attorney 


rest  of  the  king's  counsel,  have  dis- 

dnifel  their  ^uty  as  well  to  the  king,  by 

'inguf  this  ([^rant,  as  Mr.  Williams  has 

manifested  his  loyalty,  by  en- 

^  to  dfstroy  it.     In  short  therefore,  as 

1  uaA  h^bre,  every  clause  in  this  charter  is 

aNta  ke  ■wiDt-.i  ed.  and  therefore  is  not  to 

afcl  AiqWKiifm  now  to  be  determined. 

5.  Whseas  it  has  been  cibjccti^d,  that  though 

i^  AepleMlin*.^^  ^^  i^  agreed,  that  the  chrfend- 

an  Bfvcr  was  a  member  of  the  East-  India 

Csapny,  Aor  had  any  licence  frmn  them  to 

Mfcti  the  Indies,  vet  he  might  have  a  licence 

taifhe  king ;  winch,  as  f  conceive,  the  king 

■  Bfl  debarred  to  grant  by  any  clause  in  the 

patrat ;  yet  I  am  or  opinion,  that  if  the 

bad  a*n^  snch  licence,  it  onght  to  have 

m  «m  hui  part ;  which  not  &ing  done, 

it  «i|kt  to  be  taken  b\  us,  as  I  believe*  the 

ftMb  af  the  fact  is,  the  Jefcndant  never  hail  any 

Mhieence. 

•L  h  was  obserred,  that  the  plaintiffs  in  their 
Mmuian  had  alledgcd,  that  this  trado  could 
Ml  be  maoaged  but  *  per  hujusmodi  Corpus 
"^         itum  ;*  and  liy  this  means  they  had 
the  king  from  constituting  any  more 
s  to  trade  within  their  limits,  though 
ndnrn  the  adrantage  of  this  kingdom  might 
MBmr  reqaire  it.     Nay,  though  the  Indians 
l%bl  denre  a  fmther  treaty  of  commerce,  or 
te  tbe  trade  of  those  places  might  require 
■ftecorapanies  to  be  erected  ;  yet  say  they, 
AbpaDi  hath  made  the  plauitins  a  mere  re- 
_  |iMe,  and  thereby  has  ahvred  the  constitution 
•  '  Bi^and,  in  the  management  of  trade  by 
■■Miwealths,  bv  placing  it  in  companies, 
dii  (were  they  iodepenileut  upon  the  cn)wn) 
MMy  so  calletl.     Yet  in  as  much  as  I  did 
HftK  observe,  diat  the  king  is  not  by  lb  13 
Pf^  either  cvchvlcd  from  making  any  new 
■**^%ith  the  Infliaiis,  or  from  making  any 
or  grantins  any  other  licences  t<» 
It  or  his  ffUDJccts,  DOtwithstandiug 


5S3J  STATE  TRIALS,  3<)  Charles  II.  i584.— 7Xe  GrAil  CauofM0nop0Un:\m 

can  at  this  day  use  two  trades ;  i.  c.  a  carpco* 
ter  cannot  use  the  trade  of  a  joiner,  or  a  mek- 
layer  of  a  plaibicrcr. 

2.  As  to  the  trade  of  merchandize  or  inlaml 
commerce,  geuerally  spealunff,  it  bad  the  naxt 
frpcdoui  by  the  common  law,  mit  was  subiect 
iievcrthclt^  to  be  limited  or  restrained  by  the 
kiunr's  prerograti?e  in  scferal  |iarticulara ;  i 


well  obticr\cd,  arc  not  adapted  to  this  purpose ; 
hut  such  other  laws  also  as  be  common  to 
oiher  nations,  as  well  as  ours,  and  have  been 
rebetved  and  used  time  out  of  mind,  by  the 
king'  and  people  of  JCngland  in  divei^s  cases, 
and  by  such '  ancient  usage  aie  Itccome  the 
laws  of  Kn^land  in  those  cases  ;  namely,  the 
general  laws  of  nations,  the  law-merchant,  the 
imperial  or  civil  law  ;  every  of  which  laws,  so 
far  forth  as  the  same  have  been  receired  and 
used  in  Encland  time  out  of  mind,  may  be 
properly  said  to  be  laws  of  England. 

And  for  the  better  conununicatingf  my 
ihougbts  upon  this  subject,  I  will  proceed  by 
these  ste|)8 : 

1.  I  will  very  briefly  consider  of  the  inland 
trade  within  this  kingdom,  and  the  foreign 
trade  with  otlier  nations  ;  and  therein  observe, 
that  the  king's  prerogative  is  concenied  in 
both,  and  that  there  is  a  great  difference  be- 
tween both,  allowed  by  the  municipal  laws  of 
this  kingdom. 

2.  I  shall  shew  that  the  liberty  of  foreign 
trade  may  be  restraineil. 

:).  That  foreign  trade  and  commerce  being 
introduced  by  the  law  of  nations,  ought  to  be 
governed  and  judged  according  to  those  laws. 

4.  That  by  the  laws  of  nations,  the  regu- 
lation and  restraint  of  trade  and  commerce  is 
reckoned  inter  Juris  Regalia  ;  t.  e.  the  pre- 
rogatiYe  of  the  supreme  magistrate. 

5.  That  though  by  tlie  laws  of  this  land, 
and  by  the  laws  of  all  other  nations,  monopo- 
lies are  prohibited,  yet  societies  to  trade,  such 
as  tlic  plaintifis,  to  certain  places  exclusive  of 
others,  are  no  monopolies  by  the  laws  of  this 
land,  but  an^  allowed  to  be  erected  both  here, 
and  in  other  countries,  and  are  strengthened 
by  the  usace  and  practice  of  both  in  all  times. 

c5.  I  shall  shew  the  authorities  that  are  ex> 
tant  in  our  books,  together  with  jnecedents, 
and  reasons  both  public  and  pohtic ;  for,  as 
my  lord  Fleming  says,  that  such  reasons  are 
good  directions  for  our  judgment  in  such  cases 
as  these,  being  demonstrations  of  i\\o  course  of 
antiquity  ;  and  therein  ab>0  observe  the  neces- 
sity andadvantage  of  such  societies,  and  by  the 
way  endeavour  to  answer  tlie  se\eral  acts  of 
parliament,  prcci>dcnts  and  authorities,  with  all 
other  the  objections  tliat  have  been  made 
against  my  conclusion. 

First,  tlien,  to  consider  the  difference  between 
the  inland  and  tlie  forcifpi  trade  allowed  of  in 
our  books,  and  that  the  kmg's  prerogative  doth 
affect  both.  As  to  manufactures,  under  which 
all  sorts  of  artificers  are  concerned,  I  tliink 
they  remain  with  the  most  liberty  b^^  the  com- 
mon law  ;  and  as  Mr.  Attorney  observed,  the 
public  weal  is  little  concerned  therein,  only  to 
preserve  every  one  in  the  quiet  enjoyment  of 
tlie  fruits  of  his  own  labour  and  industry,  yet 
even  in  that  the  king's  prerognti\  e  hath  not 
been  totally  excludetl :  tor  as  it  is  taken  notice 
of  in  our  books,  all  things  that  arc  at  this  day 
eiyoycfl  by  custom  or  prescription,  hail  their 
commencement  by  royal  grant ;  and  by  that 
mcaiu  no  artificer  within  the  city  of  iJuuloo 


for  mstanco,  to  |>revent  all  furestalliug  and  ni« 
grossing.  So  Mr.  Attorney  did  welTobsenr«t 
Uiot  numbers  of  people  could  nut  meet  It 
traffic  or  merchandize,  without  being  in  dangar 
of  being  punished  as  unlawful aaacniblies  :  the 


crown  therefore  granted  tlie  liberties  of  Hun 
and  markets,  for  the  sake  of  commeroe  and 
trade;  all  which  did  originally  proceed  fran 
the  crown,  and  therefore  by  abusing  than 
Ubcrtiea  may  still  be  forfeited  to  the  crown; 
and  passing  by  all  other  instances,  1  shall 
only  lUbtance  one  taken  notice  of  iu  our  boofa, 
which  well  considered  may  go  a  ^reat  way  in 
the  case  at  the  bar.  fluster,  lol.  107,  Ihn  * 
king  grants  to  the  abbot  of  Westminster  ani 
his  successors,  that  they  should  hold  a  ftirat 
'Westminster  thirty  odd  days  tocetbery  with  a 
prohibition  that  no  man  should  buy  or  acU 
within  seven  milesof  that  fair  during  that  timt; 
and  tlie  king  does  there  command  the  iihnift 
of  London  by  his  writ  to  seize  the  body  of  M 
inhabitant  oi'  Salisbury,  for  selling  cMIm  ii 
London  within  the  time  of  the  fair.  Now  boPi 
is  a  charter  granted  to  a  particular  perwn  a- 
elusive  of  others,  for  a  time  subject  to  more  o^ 
jections  than  the  charter  now  in  qoeslJoD,  yet 
approved  of  by  our  books.  Henoo  it  cuie 
that  corporations  were  erected,  and  trado  oaa- 
fined  to  places  and  persons  exclusive  of  othen^ 
for  all  such  came  originally  from  the  crown : 
and  as  I  said  before  in  the  case  of  friia,  so  I 
may  now  say  in  the  case  of  corporatMNU,  that 
thobi^h  they  claim  liberties  and  privilcgea  by 
prescription,  yet  these  originally  proccodcd 
from  the  crown,  and  are  therefore  forfeitaUa 
to  the  crown  :  an  eminent  instance  hereof  m 
that  case  of  the  city  of  London,  for  abung 
their  liberties,  which  they  claimed  by  prescrq^ 
tion,  confirmed  1      "  * 

parliament  \ 
liberties  and 
kind's  hands,  and  therefore  remain  as  a  vill  la 
all  intents  and  purposes,  till  his  majesty  shall 
be  pleased  of  his  bounty  to  restore  them.  Now 
tliat  tlic  inland  traffic  is  most  concerned,  citlMr 
in  corporations,  markets,  or  fairs,  which- all 
proceed  from  the  crown,  does  plainly  «  ' 
that  the  king's  prerogative  has  a  more  i-* 


diate  influence  over  ctealings  in  mercbandian. 
than  it  has  wer  other  mechanic  crafU  and 
mysteries :  and  that,  as  Mr.  Attorney  did  w«l 
olxiene,  to  prevent  frauds,  deceits,  and 
abuses  either  in  weight,  measures,  or 
wise,  which  wuuld  certainly  interrupt  poA 
commerce.  Hut  our  law  goes  yet  a  step  for* 
ther,  and  allows  further  difference  betwaen 
inland  merchandiKe  and  foreign,  and  allowa  fr 
different  way  of  determining  controveniei  thii 
arise  thereupon ,  the  common  law  and  flainM 


TATE  TRIALS.  SfiCHAlltKS  IK  l684.^7%e  E,  I  Company  r.  Sand^fi,  [&^6 


•llotvltiar 


lnw-merchant, 

.UM  and 
limn  a 
rli  «i  the 

t  JOII 

iif,  wliTi  IS  not  lunitjfJ 
.unoii  lavr,  to  have 
11  n,  ami  tw  ob«ierye 
I  law  ;  hut  liliati  kuc 
;  to  ihp  law  of  nnliirc, 
iuw  of  tilt?  world.     And 


^  M  m  uuH  cflHp  tt^rt'«Hl  by 

on  ti%ik|]ri> 

lot'i 
If  two  n 


I  ■■  ■'  t  %  " 


•ilfcwi  If  one 


I 

^B|fm|»  in^rAiiiilhMi  ii«f  r  \tmffd, 

^M^'MMiMiI hi.-  — --''    ■  '    ''  mer^ 

I  ton 

>D  ot  our 

iliai  crf»Ks 

nnd  commo- 

t  ncrs  in  met- 

t  iiccoinjit 

I.Kk^iujdF-N.B. 

iteot'  ibe  common 

1   of  other 

the  one 

>  J  ^iiinst  the 

»nts    die,    the 

lit  a^ainfet  the 

135,  K.  N.B. 

hip  for  other 

1-  actresrentli,* 

ntiion  law, 

t  i^  ji«in|de  contract, 

\m  !«tw ;    but  it  is 

fidizt*,  ill 

iUjf.  260. 

imoa  bw,  Ihe  ^*H>dv  oi  tcclesjastical 

wcfi-  ifxcused  from  it>ll ;    but  says  the 

•lii,' Oom  tani!  ^   ■-'':' :\s  ftUquis   Hon 

*  «a»fnla4  tl6  il  .  that  then  they 

kiiaiiilcriJirxtlK  If  one  mtio 

vn^ftnaotK*;  inhere  an  ac- 

te  wf  t^r-f%i^i.i  t  a  merchant's 

ppiii  '  ^md  the  seas,  there 

■M  1  )1  io  obtain  latu^* 

%m,  ike  ymtt  fiuii.  :^  Ed.  l,  M.  19.  in  Ar- 

Ai?i  Turn*  l/wif+m,    where  the  baihffs   of 

«M  nded  by  writ«  <  quod 

llcrcd  *\ieaat9    ad    partes 

im  (it^r    tjona  ^k  eatellB  sua 

infil  Ley;em  Mett^atormm 

in  r^|*i,    ad  satit^faricmdnm 

Fior^iiljnm,  \c/     Uhirt-,  by 

^hom  Ub^  '>n  laiv,  is  suid 

WGHM«»r/«i  ^  hv  n^hit'h  we 

tizea   and 
',  ♦-  of  law, 

IjPlllft^Uj  11  U Mr  Itself 

»«l  tela  ^Qve  been  also 

t>very  of  debti 

the  itatute  of 

aiamie  tf<  ivi<r#a/4»f>^iii,  and 


4.a| 


nt.  . 


lanim   tH 


the  fttatute  iricesimo  ^eptiin.  Ed.  3.  <^ap. 
araoHL  ^     ''    r  ihingpi  it  is  enacted,  *  That  foi 

*  tnr  taken  away,  the  party  shult  I , 
'  arrt^..'  vl,  .^u^i  s|K*efly  and  ready^  procos  shall 

*  be  ag^in^t  hirn   frorn  day  to  daj,  and  front  J 

*  Fiour  to  hour,  acc^irding  to  the  Ia«r.roerchantg4 

*  and  not  at  the  common  latr*  So  the  siat»f«J 
for  crectinj^  the  court  of  insurance,  desiffned  lot] 
the  spLt'd  y  €iu<e  of  merchants,  hii*  U^ft  the  detei* 
minntrnn  nceordini^to  the  law  of  merchants ;  an«| 
therefore  hath  ordered  the  jndg^t^  of  the  admi^J 
rtilty  court  always  to  prcMde  in  thoqe  commis^ 
sions.  By  all  which  1  thmk  I  may  fairly  con*j 
I'iude,  there  is  a  j^jrcal  diflerrtice  allowed  ofj^ 
betiireen  the  inland  and  foreign  eomniereo^j 
and  that. 

2.  1  shall  endearonr  to  prove,  that  the  li-i 
bcrty  of  forci*4n  trade  inav  l>e  rciitmined. 

And  here  I  must  premise,  thtit  an  at  tir«l  alt] 
thirnsfs  were  promiseuously  eomtnon  and  uni!i«i 
vided  to  ally  so  the  fre«  exercise  of  rhi»i  univcrail  J 
rif^ht,  was  then  instead  of  property  ;  but 
soon  as  the  number  of  men  rncreasi^l,  and  ihej  I 
found  hy  experience  tlie  inconveniency  ofholtN| 
ing  all  lhtn<T^4  in  common,  things  were  re- 
duced inlopriiperiy  hy  agreement  and  compact  ^1 
either  express,  Hs'hy  partition  ;  or  implied,  hj 
'  premier  occupancy.' 

A(ter  this  gcivernmcnt  warn  established,  an 
laws  were  mule,  even  for  the  ordering  thosal 
things  to  which  no  man  had  any  ri^ht  ;  as  iof  1 
example,  deserts,  places*  nuinhabitcd,  inlands  if|f 
the  %eas^  wild  beasts,  lishc«,  and  bird* ;  thfl 
former  were  usually  gained  and  dUpo«^ed  of  bjl 
him  that  had  tlie  sorereignty  ofer  tlie  people  tl 
the  latter,  by  him  that  bad  the  dominion  ov< 
the  lands  and  waters,  who  might  forbid  othe 
from  hunting,  fishing,  Sec. 

And  in  virtue  of  this  uniTersal  law,  his  ma^l 
jesty  and  his  predecessors  haire  always  dis^l 
posed  of  the  several  plantation*  abroad,  thafl 
have  been  di<M;overed  or  ijrained  by  any  of  thcM 
subjects,  and  may  do  for  the  future,  in  case  anj 
other  be  discovered  and  acquired.    For  thong 
the  law9  of  nation*:  can    command    nothing 
which  the  law  of  nature  forbid.^,  yet  they  maj 
bound  and  circuniscril>e  that  which  tHe  laii 
of  nature  leiiyes  free,  and  forbid  that  which  na^J 
turally  may  be  lawful.     Now  to  apply  this  1 
our  present  purpose  of  trade  and  coramerc 
Mr.   Williams  quoted  that  common  saying^ 

*  Comaiercia  dehent  e^e  libera  ;*  from  whenc 
he  infers,  that  by  the  law  of  nature  andnationd^ 
the  sea  and  trade,  and  tralHc  ought  to  lie  as  fvtm'' 
as  the  air  :  and  for  that  he  ha^  cited  '  Grorint 

*  de.Jure  Belli  ac.  !*aci?,  cap.  3.  Wdwood*i 
Abrid^m.  of  the*«ea-law}«,  in  his  epistle  to  thv 
lord  Admiral ;  *  firfitiiiide  Mari  libero/ where 
he  says,  *  Mare  ^  f^ittora  Marin  Jure  fientium 
'  KUnt  communLa,  Britton,  cap.  33.    l>e  Jlur* 

*  chtt!i,  le  mere  Ac  le  air  sunt  thores  Common  3 

*  Sir  John  Burfough  h'm  sovereignty   of 

*  seas  ;    Bald  us  de  reruin  liomiui**,'     But 
think  nruie  of  thfwe  l»ook<i  can  warrant  his  con^ 
diL^ion  ;  for  surely  that  expression.  *  Comme 

*  cia  sunt  libera/  cam mH  possibly  he  undenitoi 
in  m^h  »  littral  mw,  I'htt  ercrv  man 


aS7 1  STATE  TRIALS.  Z6  Chasles  11.  les^.-^Jie  Grtat  Cam^ffMati^pMa:  {SSi 


crery  nation  should,  be  at  liberty  to  trade, 
cither  in  .what  commodities,  or  to  nbat  place, 
or  at  what  time  Hoever  he  shaU  think  fit.  For 
I  took  it  to  be  granted  by  all  that  arfirucd  tor 
the  defendant,  that  trade  and  commerce  must 
be  subject  to  some  laws;  and  Grotiua,  in  his 
book '  de  Mari  liberu,'  proposes  this  main  design, 
to  prove,  that  any  one  nation  had  not  power  to 
hhider  another  nation  from  free  commerce  ; 
and  that  the  Spaniards  therefore  had  no  rigrht 
to  prohibit  the  Dutch  from  trading  into  such 
parts  of  the  Indies,  wliereoi;  the  Spaniards 
were  not  possessed,  upon  pretence  that  they 
kad'the  dominion  of  tliose  seas  :  '  Internes  & 

*  Ilispanos,'  says  be,  *  bzc  controversio  est, 
'  sitne  immensum  et  vastum  mare  regui  uuius 

*  nee  maritimi  a  oessio  ?  Popuhine  unquani  jus 

*  sit  volentes  populos  prohibere  ne  rendaiit,  ne 
^  peroputentf  ne  deni<|ue  commeent  inter  sese.' 
And  for  the  benefit  oi  bis  countrymen  he  doth 
therefore  assert,  <  iicere  cuivis  genti  quamvis 

*  alteram  adire,  cumque  ea  neeotiarc  ;*  which 
taking  that  to  be  true,  which  by  the  law  c^ 
nations  is  oertainly  otherwise,  yet  nothing  can 
be  inferred  from  thence,  but  only  the  question 
of  commerce  between  one  nation  and  another. 
And  how  that  was  before  leagues  and  treaties 
were  made,  little  may  perhaps  be  found,  as 
Mr.  Attorney  well  obsenred,  besides  the  laws 
of  bosjiitalifty,  which  do  not  f^re  any  demand- 
able  nght ;  out  surely  Grotius  there  hath  no 
particular  respect  to  particular  sidijects  of  this 
ffc  any  other  nation,  how  iar  the  supreme 
power  of  any  nation  may  erect  a  society  of 
trade  to  a  oertaui  place,  and  for  certain  com- 
modities, cxclusLTe  of  all  other  subjects  of 
their  own. 

And  that  plainly  appears,  l)oth  from  tlic 
scope  of  his  book,  as  also  for  that  for  several 
years,  both  before  and  at  tlie  time  of  publishing 
that  treatise,  the  Dutch  East-India  Company 
was  established  ;  which  I  shall  hare  farther  oc- 
casion to  discourse  of  by- and -bye. 

As  for  Welwood*s  Epistle,  I  have  seldom  ob- 
served that  epistles  have  been  cited  in  West- 
mijQster-ball  as  authorities :  yet  supiMsintr  it 
tn  be  so,  that  all  loyal  subjects  shall  have  their 
petitions  granted  to  safety  and  security  iu  their 
irade  ;  I  suppose  Wei  wood  little  dreamt  of  in- 
terbpers,  when  he  talked  of  loyal  subjects ;  if 
it  can  be  meant  only  of  such  who  may  ti-ado 
by  law,  that  is  to  beg  the  question  in  respect  of 
the  plaintiff  and  defendant.  As  to  that  of  Hrit- 
ton,  tiiat  the  sea  is  common,  it  is  answered  by 
what  liath  been  said  before;  and  Welwooit, 
page  6C,  says,  that  by  commune  or  publicum, 
IS  meant  a  thing  common  for  the  use  of  any 
one  sort  of  people,  according  to  that  sayino-, 
'  Roma.  Communis  Patria  est,'  but  not  lur  all 
of  alt  nations ;  Welwood,  page  06.  That  pa!>- 
rage  of  BurrougU  is  only  observed  to  provtf 
the  king's  prerogative  within  the  fuiir  seas ; 
and  though  Mr.  Williams  wouU  have  insinu- 
ated, as  if  the  sturgeons  and  other  great  fish, 
and  wKcks,  and  the  like,  had  come  to  tJie  king 
by  the  Sut.  of'  U  £•  St  c  S,  that  act  wai;  but 
a  deckntioB  of  tko  coaiBon  law  \  for  he  had 


it  by  the  right  uf  his  preromtive-;  Plowdea'i 
CooimenLirics,  in  tlu?  case  cf  Mines ;  Coke  6. 
Sir  Henry  CousLablc's  case;  these  things  were 
vested  in  the  king  by  his  prerogative  by  the 
common  law.  Yet  f  cannot  but  observe,  thit 
the  treatise  of  Mare  Liberum,  on  which  Mr. 
Williams  so  much  relies,  was  craftily  writ,  t» 
overthrow  the  king's  prerogative  in  tnat  bow- 
ficial  part  thereof,  relating  to  tlie  fishing  on  tht 
En^sh  coa^ft ;  and  contains  a  plain  procla- 
mation for  all  persons  of  any  nation,  indiftr- 
ently  to  fish  in  all  kinds  of  seas ;  for  says  cip. 
5,  fol.  10.  '  Qvm  autem  navigationis  cidsB 
'  Piscatus  habenda  est  ratio,  ut  communis  na- 

*  neat  oiimibus.'  And  lierein  thougli  Mr.  Wil- 
liams intends  to  make  good  tlie  praaiaet,  I 
presume  that  Mr.  PoSlexteo,  that  wgned  M 
the  same  side,  has  a  mater  conoera  for  hii 
friends  in  tlie  West,  than  to  join  witfa  him  la 
make  good  that  conclusion.  And  before  I « 
offfr«Mn  this  point,  I  think  it  not  Mnia,  tic 
better  to  ckar  tlie  way  to  my  condusjons,  ti 
give  some  instances  wlierein  other  nationa,  M 
well  as  our  own,  have  not  only  tboiurhl  itkgali 
hut  necessary  for  their  several  public  Adna- 
ta^, to  put  restrictions  upon  traoe,  anddidail 
think  it  injurious  to  natural  equity,  and  the  fi«e- 
doro  of'mankuid,  so  much  discourncd  of  on  ibi 
other  side.    To  give  some  lew  instances ;  *  Vi- 

<  demus  Jura  Commerciorum,'  says  BoJjnde 
Repub.  lib.  7.  '  non  solum  omnibiupopulma 
principumqiw'  inter  sc  consentis,  wiun  aliiB 
singularum  Statutis,'  &ic.  And  after  he  km 
enumerated  the  compacts  fur  traie  between  ihi 
Pope  and  the  Venetians,  between  the  citinM 
of  the  Hans  towns,  and  the  kinga  of  £n^iBd, 
France,  and  Spain,  and  several  other  ooontries; 

*  lUi,'  says  he,  <  inter  se  Comnaeiciiim  nBMi 

<  modis  personarum,  mercium,  looonuM,  tsui- 
*'  poruin  atque  omui  alia  ratione  ooaiotanwL' 
So  is  Marguanliis,  fol.  155,  and  Bodhansn  io 
his  7th  book  de  llehm  !Siroliie  ;  and  inaUcoMir 
tries,  the  importuiun  uiid  exportation  of  MMM 
conimo<Iities  are  proliibitt-d,  as  salt  from  Fna6i» 
horses  from  uUier  countries,  wool  firom  I 
In  whomsoever  tliut 


ut  power  of  restraint  dMSit- 
of  licinsiiiG:  some,  andit- 


iiiain,  the  |K)wer  ot  iici-nsiiig 
struinui|r  of  others,  burely  does  also  i 
piu-iiy  4»r  n^ason  ;  but  of  iliat  more  by-i 
And  ;is  31  r.  Attorney  diJ  truly  obaorve,  if* 
iierusal  of  the  statutes  that  arc  now  in  pnitit" 
latiiitif  to  irade,  tlie  parliaiiieaits  havo  insHlpB 
even  to  this  kiug's  reign,  since  his  resUnMi 
thoui^ht  tit  to  make  imti-e  Utus  to  piohik^^ 
reigu  trade,  than  to  increase  it ;  aa  Miif 
upon  it  more  advantageous  to  the  oonai' 
v^eal.  And  thus  having  observed  thatcflhff 
nations,  as  well  as  we,  have  not  only  tboi^ 
it  Ie;^.il,  but  necessary,  to  make  hiwsfsrll* 
restiaiiu  of  trade;  aiul  thereby  tbmightth^ 
dill  110  iujustiee  to  tlie  liberiy  of  msnkim^ : 

3.  I  priKHvd  to  tUi:  next  step.  1  shall  ikK^ 
fore,  thirdly,  endeavour  to  prove,  that  ftM|B 
li-a<le  and  cotuinerce,  bcincT  introduced  bjf  IW 
laws  of  nations,  uuglit  to  be  governed  anM* 
judged  accenting  to  those  Uw«  ;  aui  IdMP* 
know  of  any  sutute  or  book  dt  itecMH^ 


taij  STATE  TRIALS,  dtiCaAEtss  II.  1684.-7^  E.  L  C^mpan^^f.  5^dfj^#.  [530 


cauiiw?)  ait  iIk'  iwr : 
'  Jure  Getitiutn  esse 
pre^  trxt  of  l&w,  ^  ex 
rem  Punt  in!it<tuta:' 
'  ly  true,  and 

\  suae  cuiimiercc^nntl 
(ite  i'AW  of  nations  by 

L :  .1     ;     '1.1     '    ■.     '..  -   ..'H 

■1 

*»  in  *  C   I  IM-If'  i!i 

lii   Iij4t   country 

-   kitJ^uiM ; 
bt  '  orer?4y  liow  be- 

lt^ I    but   by   parlin- 

itfU. 

Jld  mkiT  i»alioii»  hjtre  ^vrriifHl  lheins4*lres 
>  ky  diis  |m*cij»li* ;  »»id  upon  lh)»  m'«iini! 
L)l8feilti*i»  rtvuit   iii  odiitiraliv  in  tliiM  kiii*riJaiii, 

11^  iii^  in 

[Aiik«.     AoJ it)  as  a  Hitil 

slam  ol'tl"*  .  ..„tl  rmr^ 

?»»  i»-jvwcTti  e*  uriiuig 

Hn^y  Im  r<*ar  auy  sart  ot  pi-oporlioii  to  tjie 

il '  I  ti»  4-i>utrnd 

i  Ml  WvsX- 

dtici  laiuirig  ibis 

us^d  i»y  our  pre- 

i  likig  e4iustiti»  and 

,  Idbiwtk 


c   btUcr 
nieibtirk 


Uioo  i" 
4  futk^Ur  V' 


imnt; 
i  ii«iL  tiivuj  M(,yN|it  is 
■■  i\  and  Icavtrs  the  de- 
r...    I,.  il,nt  [aw  I  the 
itedi  miike 
^  of  ihijt  nu- 
de terttjiticf  J  according  to  tbc 
wfjirli   \h   \mn  of  the  law  of 
1  is  univa^i),  and  one 
n«s  iniiie world,  Aud 
:  Ciccr  "4   of  tbt}i  law,  says, 

it  tju  lie,  aliji  Athetiis,  alia 

lia  pcK^ttiat  ;  s*  (1  ct  inter  omnes  gentes 
viftiii  lf*iiipore  uiin  eadcmquc  lex  obdnebit.' 
1 1  (titt  rtdm  Uioti^hi  ?         ' '    v '  r  i ^  more 
ily  tn  ararcdi  ii  ttans. 

t(»  enablo  Eitie  to  «:  >-*    t) 

,  the  o^aequence  \^  I  i 

I'a  aubjri;t$  in  nTI  pni  l>i  •  > !  | 

Ithrrt*'  .1 

FTtoiitijj,  1 

Wikt  gi\^  fiasc  ofliiU«!»,  liiiimi  ihi 
Md  ciiJTaola,  Lan^yfol.  97,  iiiid  d<M 
dviB  if  «a  B0e«3aiaary»  but  Ibe  cotiioiuu  (^ihc- 
flbn  of  ^  jifedv^.  in  aU  ti^tm, 
D^iMC  wel 


law  I " 


fOI.  JU 


lort'j^ii  ii*;*n*»rs^  iHaUt*rs  Mt 


navi|^tii>ti»  leagues,  inicTs,  vnibdHsies;  nay 
even  in  th**  i>nv%'  nf  iiu«  Iilh  rlip  ^tctiMtiittr  of  the 
defend  in  ^  '«$,  was 

leJt,  by  M:  ■  .;i.'  -  ■,:,;,,,  ,v  '  ^    'jid  aAer** 

waids  by  tho  <Tonrt4  ol  Uummun  Pieuii,  and 
Ex«!hc<iucr,  to  be  decided  m  the  iidniiraltv  ; 
timi  bv  virtue  of  a  ptoecss  out  of  tlitit  court,  tuft 
i>\n[t  is  detniuiit  ihiit  day«  And  iis  1  said^  that 
c«urt  proceed*!  according  to  the  law  of  uHltoaf, 
and  the  matters  before  apecdit^d  are  tiot  lo  bs 
couiPiiiiiMl  by  the  rulesi  of  the  common  law. 

And  if  custoiii3i  make  a  law^  theti  the  cuatoia 
I  of  a:itioi>«(  in  «»urely  the  law  of  natiuun ;  whicb 
I  biinifsii  nie  to  my  next  particular,  wbicli  is  tb« 
j  uv^iii  tbln^  upon  which  this  cause  wUl  turn. 
!      Tb*relbre,  4thU%  1  conceive,  that  both  by 
the  law  of  nations^  and  by  the  (dilution  law  of 
£ni;laiul,  the  re^ulatioti,  restraint  and  st)vern- 
merit  of  foreign  trade  and  commerce,  is  reck- 
oned *  inter  Jura  He^liu/  i.  e.  ig  in  the  power 
ot'  the  king:  anrj  it  is  his  undoubted  preroga- 
tire,  and  is  not  abridged  or  conlnmled,  by  any 
act  of  parliament  now  in  force, 

I'biii  question  is  not  concerning  the  coiise* 
qoencc^  of  this  power,  or  ajiy  iiiconvenienciei 
tlmt  may  happen  tbercupont  beeaufle  upon  in* 
couTenicnces  arising,  t!»c  king  is  to  be  suppli* 
cated  to  redreiia  tUem :  whteli  I  ^hnU  farther 
take  notice  of,  when  1  come  to  answer  the  par* 
ticular  ubjections  made  atfuinst  this  arrant, 

*  Conimerciorum  Jura  sunt  pri%'itegiata,  aa 
^  non  nisi  iiii  cuncessa  qui  exwrceadorum  Mer- 

*  cainruin  lic^ntiam  pnncipis  indultu  et  autho- 

*  riiate  meruerum/  in  the  very  expre^  text  iit* 
the  civil  law  ;  and  6o  i<i  C^pzovius,  Con^t.  n. 
5.  fiodinus  dc  Repuhlicti,  lib.  1.  c,  7.  says, 
^  Ctuu!  tattietsi  Jure  (ientium  ci>se  videantur 

*  prohiberc,  tanietsi  awpe  k  Principibus  vide- 

*  mus,*  Ami  in  c,  6.  quoted  by  Mr.  Attorney t 
That  die  Liws  of  commerce  are  contained  in 
the  particular  compacts  and  a^eetncuts  of 
prinees  and  people.     So  Sahiinsius^  pag.  236* 

*  Merest ura  est    res  inditterens,  in   qua  Ma- 

*  gistratus  Tel  in  Tetando  vel  {^>ermittendo  so  am 

*  pro    Cocnmodo  Kcipublicoe  potest   imponere 

*  authoritatem.'  So  Carpzovius,  a  famous 
German  lawyer,  Ld  his  decisiona,  lib,  decia. 
105*     N,  13,  &  14.  *  Exempla  baud  rura  snot, 

*  ybi  PriTilegio  et  Edicto  Principiis  coinmercia 

*  ad   certas  persooas  certave  loca  restn»gia<e 

*  videmut.'  Tbaae  rulea  and  priociplea,  as- 
serted to  be  the  laws  of  nations,  agree  with  the 
principles  of  our  laws,  Mr.  Attorney,  in  his 
argument  in  this  cause,  ctteil  many  records  and 
p*vc«denii>  to  moke  good  this  assetlion;  whicb 
I  think  he  did  with  great  clearness.  I  there* 
forewdl  content  myself  with  as  few  of  them  o« 
1  cuii ;  and  uidy  rcmt»d  you  of  such  a%  I  think 
abiiehii(  Iv  necesaiary  to  make  gtiod  ttiy  asaer* 
titui.  ivhich   1  will  do  by  these  steps,     I  ooti* 

I  kini;  liail  an  absolute  power  to  forbid 
-  -a,  wTjL'iher  merchants  or  others,  from 
<ioiHiug  within  his  dominions,  Iwth  in  times  of 
uar  and  in  times  of  peace,  aooonliiig  to  his 
roysil  ^^  ill  '^nd  pleasure ;  and  therefore  gsre 
saib-conducts  to  [serchants  e»trsQg;«rs,  lo  coma 
in^  in  all  ages^  arid  at  his  pleasare  ooininaiidtd 
2M 


m7\  STATE  TIU4LS.  $$  CUkmtuB  IL  l6^^ 

«v^fy  iialioti  ^lioi^ld.  ht:  U  i'lhtrty    iv   lrttJ«,  I 

either  m  vvh'dX  eoff^oii^tlllic^,  nv  to  iibui  |tl.it-i-. 
^r  ^t  hIi^  lime  «4>c^er  h«  ihoJJ  think  f^l' 
I  tut»k  u  til  Ui'  ^ntutcd  hy  ull   t^iat  ;irir 

be  >ui^«cl  tg  stptiic  ia^ry ;    iinil  Un^, 
bimk  *  4e  M a rt  1  i Lm' r<  1/  |»rvp>»(>  t li t»  ui  r j 
to  pnjte,  tliat  ;uiy  Qrwi  natluii  bitil  ii^^r  |. 

himl^r  a[.  "  '■    ,   r      .   '".         . 

parti  of  liiu  iiidk'rf,   ^v! 
were  not  [ias»i»»4nl,  ii^uui  j..ti  1, 
Ua^I  tKe  Udininioii  of  tlioMr  u^  :  '  I 
'  nbpaufiaff^    «iy3  bt%   *  bsi-  rontri 
'  sltiie  iiinttien^unk  et  vasltim  r^ 

'  sh  voknicx  pj{iuli»&  probibiie  ub  v«id«l 


^. 


"H'; 


Ai)d  lot  tbu  bciutUi  oi  4i4  coui<t  ^ 
thciT&f^  ttfirrt, '  bc«fe  niihi' 

taking  Ihni  to  Ik?  tniet  nbicb  i 
iva»»UH  is  usdaiiilv  «>tliisrwiiCf  ^n 
b45  LuJerrcd  tmft  t£tiui«t  t»ut  ^my  ^ 
of  coinuiefco  Iwiw^ii  mm  fmtkm 
And  tioH'  that  ws»  bdbn;  kigiie» 
wt*rt!  matli?^  littk*  nii&y  |^biui»  ^ 
l^ir.  Atl«riivy  wi^U  obwrirw)^  brj^ii 
Df  ho9|iiUlilY,  wkicb  do  tuft  givt* 
jibliz  li^tit ;  btii  sufciy  GroUu 
imrticiikr  rtupiK^t  10  piartLcuWv 
6r  auy    fithcr  nntinn,  bonr    fji 
|H>wcT  of  any  ii«Uoti  cuay  «n 
trwk  ti^  u  c»£rtjiui  |^lmi*€%  uiiil  i 
tUMdltia»r  cxdusive  of   nU  ' 
tbeir  uwm. 

AuO   tbikt  plumly  MipiiDs  > 
ftcope  of  bu  book,  mt  Jim  fiu 
yeur!t»  liotb  bulore  ftiui  it  Ibe  t  1 
liijit  te€:aliac,  tlifi  Batcb  Bass   1 
woe  ti^iMsbetl ;  wbicb  1  %h^\ 
4^011 10  diiitiatine  ol'  by ^tiAi}  * ' 

jervtid  ttuLt  a|»uiU«i  bare  ti^.  . 
lEikjftcr-baU  «»  «iitH(khtt»%  - 
tu  bti  Sttt  Uial  all  byidjiiib)*^' 
|ielitiim«  gtattled  to  itic  i  % 

it  flm  ttt  tuciAt  oqI^  of 
%  kv,  ib«&i«  to  bof  tb' 
tha  ylajalitf  imd  dvli^itdii: 

wb^  tuiii  b«2Ga  Kiid  Ml|r^ 
p«|f<f  a(Ji  say«»  Ibai  bjr  cBinit. 
.It  niaaiii  a  thiuif  coomni; 
one  c^n  of  petijilc^  acr 

*  Xiuma  CuutmuoiM   Putr. 

tiu:  kii}|c'»  l^^^^'^^ii'^o 
aad  invvkt,  and  ike  bJkv; 


-  ai  iltQ  dianar 
k^ai  sne  not  ifa 

-.:■   ^ly   1m%    f 
-,  «Dd  irjirismJ : 

•  W«  of  QUIUTL*, 

'it  no  mun  k  Im 
mmfimeRt^  bwl 

.ttif  only  liiitL 

f    tn5rL-s    witb 


n-iaijfi  and  tlwj 
,  lucrebmnU 
1 1  ncili  nrcafdjuy  1 
*'  £f  by  lli^l 
J  ciLniKit  ba  p«t  1 

I-  abMitutcly  m0l«r< 

i  lie  coaM  not  lie,  q  ^ 

wm  lA  Ity  n^iriific  s 
:^0ii  10  knra'gn 
.  «•  jr  is  pmcbimrdt  1 
^jMfed:  and  thr  ^ 

r  eases  *si*  wur*  ur 
^■ii  riioi  Uii^n  wniif] 
II  tbc  icing  sbfiii 

r^ifvraod  peace^uti 
timMiftf  tbtf  one,! 
jg  fi«i  tbcfrfnrr  tbi 


^^  ^iiyt  f^Nidi  of  ihe  1  _ 


trade  ra, 
'illi  in  thdr 

uitT  the  l>nr* 
rtnd  mlran- 

I       tii  tike  notice  of 
tmrnxi*!  liy  lilt*  ^kl^ud&at's 
iiiMilil(«ii««i  tbat  ilie  king 
•ctb  ihm  firerogiittve :  for 
voanyji  penran*  tcwllni^  to 
»liiii  ri*«tfi^Q  theiii  from 
l*atf  i>t  ibr*  world,     Tlie 

MiHtrtuti  m  u  ^iilj«ol  to  hb 
A  tfi«Tif»  in  <»ur  law,  the 
to  d^  tf  fting  ;  An4  I 
>ui  pra/etice  uf  our  pre^i^at 

■  lJii«  Ivs^t  iitnHmg^  for 

I  tbiuk  I  ULuy  truly  say, 

{Miner 'k  urt'ii  iiMtufal  in- 

U  li>  *n_Y  law*  ill  tiii^  [mv- 

I'--  i>u-  flhucitiitii  [Hiwer  of 

Uj^  itiber&nt  pfcro' 

iiiietrt  eaotna  dt- 


»  ftbt;  cut'  of  murder  is  a  liill  in- 

1 1   nnr  lYHH  that  pnarogative  ever 

kk  n(0'-  ihoiitrh  never  so  trouble- 

thut  siiii^le  c:we  of  the  earl  of 

without  any  reason,  tbat  1 

£    b  it  theretoe  to  h%  ob- 


'"    ^.  r.  Campmy  v.  &fid!^t.  [AM 

I  III,  that  the  Ion;  will  pardon 

.,   Durderers  aod  robbers,  and 

!Mi  niiike  use  of  bis  prerogatire 

'   '...4..  ..ii'.tirs  osca|)e? 

'  "l:  IS  ilio  foiuitaiD  of  boDoar,  as  well 

■  '-iKt^,  and  in  viilue  of  that  prerogative, 

""^mmIiu*  ns  many  of  his  subjects  as  he 

, '      '^^  :    iiiul  thereby  exempt  them  from  ar* 

-■^.  nud  other  common  processes  of  the  law, 
'  V  mcr^ns  whereof  men  do  more  speedily  re- 
nwvT  their  just  debts,  aod  huve  redreas  for  in^ii- 
rip<:.  Ik  it  therefore  to  be  presumed  the  king 
will  inuke  such  a  glut  of  noblemen,  because  be 
in:i y  do  it  ?  And  as  this  is  against  his  inclina- 
tion, so  certainly  it  is  a«fainst  his  interest,  to 
make  such  grants  as  the  defendant's  counsel 
seem  to  fear ;  for  it  is  more  for  the  king's  be- 
nefit timn  it  can  be  for  his  subjects,  the  greater 
the  importation  of  foreign  commodities  is ;  for 
from  thence  arise  his  customs  and  imiiositions, 
tliose  necessary  supports  of  the  crown:  and 
therefore,  in  sooie  sense,  the  king  is  the  only 
person  truly  concerned  in  this  question ;  for 
this  island  supported  its  inhabitants  in  many 
ages  without  any  foreign  trade  at  all,  having 
in  it  all  thb^  necessary  for  the  life  of  man. 

*  Terra  suis  contenta  bonis,  non  indiga  mer- 
cis,'  says  the  poet  And  truly,  1  think,  if  at 
this  day  most  of  the  East-India  commodities 
were  absolutely  prohibited,  though  it  might  be 
injurious  as  to  the  pro6t  of  some  few  traders,  it 
woukl  not  be  so  to  the  general  of  the  inhabi* 
tantsof  this  realm.  And  therefore,  as  I  have' 
offered  tliese  few  instances  to  prove  the  king 
sboukl  have  such  a  prerogative ;  in  the  next 

eoe  I  come  to  shew,  that  the  kmgs  of  £n^- 
d  have  exercised  this  their  prerogative  la 
all  ages:  and  as  the  king  has  the  iiowerof 
restraint  of  the  foreign  trade,  so  he  is  only  judge 
when  it  is  proper  to  use  that  power,  which 
seems  plainly  to  be  for  the  same  reason.  And 
1  think  Mr.  Williams's  remark  of  the  difficulty 
of  this  case,  that  it  should  necessitate  the  king 
to  call  a  parliament  to  assist  him  with  power  to 
determine  this  question,  is  not  to  be  passed  by 
without  some  oliservatton. 

God  be  praised,  it  is  in  the  king's  power  to 
call  and  dissolve  parliaments,  when  and  how 
he  pleases ;  and  he  is  the  only  judge  of  these 
Ardua  Regui,  that  he  should  thmk  fit  to  con- 
sult with  the  parliament  about.  And  Mr.  Wil- 
liams would  do  well  to  save  himself  the  trouble 
of  advising  the  king  of  what  things  are  fit  for 
him  to  consult  with  his  parliament  about,  until 
such  time  as  he  l»e  thereunto  called.  Hut  it 
liath  l)ecn  too  much  practised  at  this  and  other 
bars  in  Westminster-hall,  of  late  years,  to  cap- 
tivate the  Lay-Gens,  by  lessening  the  power 
of  the  king,  and  advancing,  I  had  ahno-t  said 
the  preros^ativu  of  tlic  jMrople  :  and  fVoai  hence 
comes  the  many  mischiefs  to  the  king's  sub- 
jects in  parts  abroad,  by  making  the  power 
of  the  king  tliought  so  inconniderablo,  as 
thougli  he  were  a  mere  duke  of  Venice,  being 
alisidutely  dependant  upon  his  parliament. 
Woukl  it  not  oe  mightily  for  the  honour  and 
dignity  of  the  crown  of  England,  thiok  yot  th^t 


■     oftl 
~      Tbi 


ii35]  STATE  TRIALS,  36  Charles  11.  l6U.^The  Grmi  Case  d/Mtmo^oiia:  [S 


* 


I 

I 

I 


I 


ike  cmiKTor  of  Fez  m\d  Morocco,  or  any  prince  I 
of  the  remote  parts  of* the  world,  jihouUf  be  told, 
Tbiit  Mr.  N^mdyS)  one  of  the  king  of  Great 
Britain  s  subjects,  caiuti  into  the  eiDjtei'or's 
territories  against  his  prince '»  consentf  mod  that 
he  bad  no  [lower  to  hiiMler  him,  unless  he 
would  cjonsult  with  all  lii^  nobles,  and  the 
represeulaiives  of  all  his  common  subjects,  tn 
assiflt  therein  F  Would  not  the  emperor  beheyc 
l^andvi  to  be  the  ifreater  prince  of  the  two? 
Bui  though  such  sort  of  declamations  arc  so 
much  for  theiservice  of  the  crown,  and  for  the 
honour  of  the  kinfrdom,  as  they  would  have 
It  bc^Heved ;  yet  I  thmk  tltey  have  the  ^ame 
tendency  of  duty  and  s*-rv  icct  to  the  kinq-*  with 
tome  other  matters  ihsit  of  Kite  huve  huppptipd 
imoiigst  u^,  VIZ*  8orae  have  heen  so  rouceni- 
od|  as  well  ii>r  the  esiifcty  and  s^^cnrity  of  hi!» 
fivaieKiy'fi  sacred  person^  and  to  make  him  for- 
midahre  to  his  rebethous  suhiect«>  al  homet  as 
todesiwihal  his  j2;uurds  niiylit  be  dischai-^ed, 
beeaufie  it  hxiked  asttyoucrh  he  desigiic<l  to  rule 
byaaiandioGr  army  ;  and  la  shew  their  ten- 
derness eo  his  sacrcil  fife,  %\outd  have  him  re- 
moved friim  the  assisrtanee  of  l'tiI  connscllor^ 
as  they  called  them  ;  and  put  himself  into  the 
hands  of  ussssvrnates,  as  thouq:h  one  murdered 
f>rince  were  not  sufficient  to  satisfy  that  piece 
of  state*policy  m  one  and  I  he  same  ace. 
And  in  order  that  he  mitfht  have  ^lufficipnt 
to  support  the  necc*«itY,  as  mpU  as  the  dig- 
nity of  a  crown,  which  all  *r<x»d  subject^i  are 
zealous  lor;  some^  of  late,  have  mdustn- 
ously  endeavoured  to  have  prevented  him  from 
bein^  aide  to  borrow  any  money  upon  the 
credit  of  any  part  of  his  revenue,  a  privihw 
that  the  mcanc  iit  of  the  pt^psons  coiRcmcd  in 
tJiat  ipiestion  woulil  Ihink  themsetveti  highly 
injured  to  he  debarred  of. 


J,  \nm 

but  tb«  ■ 


And  herein  1  shall  cotiteot  mystJf  i 
much  brevity  as  1  can,  only  in  prodttciiig"  f 
few  of  those* many  instances,  which  were  \ 
ffreat  care  and  indnstry   found    out  by   Mr.  ] 
Attorney*  aiid  Mr.  Solicitor ;  und  by  ifiem  * 
learnedry  and  properly  applied  to  the 
question , 

1.  Therefore  it  has  l>eeti  well  obaervisil,  that 
the  !^tapU"9,  which  were  the  common  and 
pubhc  marts  for  all  merchants  Ui  re»iirt  la, 
were  firvt  eroded  by  the  kiitg*8  prt^roj^atiTe, 
\%  tiliout  atiy  art  ol' parliament ;  aa  it  doih  plain* 
ly  appear  by  the  Reveral  acts  '^f  parti.imeiit 
mentioned  at  the  bar^  either  I  j,  th« 

places ,  or  enlarjfi  ng  the  com  mo 
pcrnutled  to  be  brought  to  the  .staph  ,  tor  i 
mall  time*«,  when  the  Ktuplt:  was  H:ked  ] 
dominions  of  any  other  prince,  that  mo 
done  by  leaffi»e,  wliich  none  ran  makf  but  t 
kini;.     To  instancp  one  authority  ffir  all,  tb€ 
Stat,  2  Ed.   3,  cap,  9.  expretaly  sayn,  *  It  it 

*  enacted.  That  the  staples  bcy^^ -^   *i^^  -Bca*, 

*  and  on  this  side,  ordained  U\  iiaif 

*  pas^l^  \x.'  Mr.  Atlornfy  firnj  L  -  hritor 
ciUid  several  nn^rds,  nnd  other  actsof  parfis* 
ment,  that  allow  thii»  to  be  I  he  king^'s  prennr'* 
live  iibfiolutely  ;  which  I  shalt  ODiyinaine,tkry 
havuii^  opened  tlie  jiarticuUrs  at  larg^,  fix. 
VicesuiM»  E,  3,  Pliic.  l»arL  Rolls  Al>r.  foL  im 
lilO.  Ckiavo.  E.  a,  num.  2l».  7T  E,  3,  cap.  1. 
43  E.  3,  c.  1,  47  E  3,  N.  t?  Prim.  tt.  «.  N. 
9f^.  with  mnny  more  ;  which  did  not  only  li- 
cviihe  merchants  to  repair  to  their  aefNsI 
staples,  but  prohibited  them  from  carry  foi^tbiiir 
staple  commodities)  to  »iny  other  j  '  -  -  "ndUie 
several  acts  of  parliament  mm  i*  ^^tW 
staple, only  iiifiicied  ;ireater  t«ni*.^,.*^  upw 
tlie  persons  otfeodiny:^  more  tbai|  the  kuif 
by  his  prerogative    did    inflict ;    btit 


added  to,  or  diminished  any  part  of  the  power 
of  the  crown  ;     llie  truth*  whereof  wiA  abw 


These  and  the  likeaiiempts,  if  not  presented, 
will  refiderlhe  kintr  and   h>s  government  low 
•iii  despicable  in  nil  other  parts  of  the  world  :     la d her  appear  bv  the  consent  of  the  pmrUmiait 
and  as  for  the  instance  between  a  denizen  and    plainly  declareif  in  several  statutes  lbllowiiif> 
«  man   naturalized,    1   think   it  mtVier   makes    viz.  2  H.  5.C.6.  2H.  6.  C4.  B  H*  6,  r.  17 
ojfHJust,  than  for  Mr.  Williams's  conclusion,  an    27,   by   whichf   and  several  other  iustai 
lo  the  main  question.      For  though  the  king-    both  by  Mr.  Sohcitor  and  Mr.  Attorney,  } 
cannot  naturaJi/e  a  man,  and  thereby  opvebim     concei**©  it  does  plainly  apjiear,  that  the  stal 
inlurilable  blood,  as  a  natural-born  subject,  to    of '2  Ed.  3,  c.  9.  Nono   Ed.  3,  c.    1,  "^  decti 
inherit  lands ;    yet  he  may  make  an  alien  a    quarto^  Ed.  3^   c.   ^.  the  Htat.   of  *  deeimi 
denizen  ;  and  by  ihat  means  he  becomes  to    tpiinto*  Ed.  3,  mentioned  in   t^T 
have  as  much    privilege  as  any  of  the  kin^^'s  ,  plea,  decimo  8  Ed.  3,  c.  3.  wli 
natural  suhjecis  hath  as  to  trade  and  commerce,  ,  ant's  counsel  hove  much  iosiiu 
which  \h  the  only  qucsUon  now  belbre  us  :  and  '  opening  tlie  liberty  of  trade  only  coneei 
1  caunol  help  bmn^  of  opinion,  that  tht«»  king-  |  merchants  of  the  staples  ;  and  by   the  acu 
dom   \\';ts  in  greater  regfard  abroad,  and  the  in-     parliaments  made  relatinsr  to  tliat  trade,   ' 
habitants    thereof  more    prosperous  at  home 
when  the  prerogative  of  the   crown  was  more  ^ 
absolute  tha'i   now   it  is  ;    therefore  it  is  our 
duty  as  g:oc»d  jndj^^es,  as  well  as  goad  subjects, 
10  endeavour  to  support  it  as  much  as  we  can  ' 
by  law      And  so   t  proceed  to  mention  some 
preceilents  and  authorities,  whereby  the  kings 
"all  ag'es  exei^ised  this 


of  £n«;land  have  in 


part  ot  their  prerogative,  of  restraining',  dis- 
posing and  ordering  matters  of  commerce  and 
fereign  trade,  by  royal  licences,  charters,  and 


particularly  mentioned  by'  Mr.  Atlomey,  smd 
now  repealed. 

And  tlioug-h  the  pbM)e  of  the  stanle,  agwitt 
as  the  commodities^  were  aseeruined  by  i 
parliament,  yet  the  king  granted  to  i 
1  i cences  to  trail e  else w h ere  ;  w  1 1  i  ' 
is  alluwetl  of  by  actsof  psrliam 
aulhorities  in  our  books  :  tor  in*»utii<L<. ,  umo 
many  others,  the  slat.  6  U.  6,  'il»  ^22   Ilea, 
chap,  4.  13  Hen.  0»  c,3.  57  U.  6,  e.   1.   1  ll 
7»  fol  3,  A.  16  Ed,  4,  foL  3.  /,  5  E,  4,  33, 

And  A8  the  ktng^,  before  iboee 


STATE  TRIALS,  36  Chahlks  If.  l684.— !»<?  E.  L  Cmnpnny  r.  Sand^i.  {9M 


m\ 


HrD. 


mentioned,  ordered  the  roerchandizes 
itf  tjir  sta^de ;  wa   all   other  forcijorn  tradtr  not 
A  notii^  of  hy  acts  of  parliament,  were 
in  Rnd  aliJialutely  disposed  of  by  th^  kiog*s 
fativc  ;  fur  a^i  my  lord  Coke,  in  liis  com- 
ii|w>n  Wag",  Chart,  r,  30,  does  truly  ob- 
that  by  Mercntores  there,  only  is  niea^nt 

aul-ttintn^rii  ;  ibr  as   I  said,   1  do  not 

fhtd  dmt  any  <d'  tlie  suhjects  of  this  kiou^ 
mcddlet)  in  tbreifn^  trnile,  in  many  yeare  after 
\br  m^ikiti^  of  thut  act :  tlie  first  instance  1 
with/ijf  in  Malm's  Lex  Mercatoria,  foL 
of  the  society  of  inrrchanis,  which  is  the 
ndrenturers,  made  by  a  (jraut  from 
3»  and  wrre  caUe*l  tUe  brotherbofjd  of 
-a-Bt-ckct  of  Canterbury;  until  the 
-7,  who  confirmed  their  charter, 
'  their  name  to  that  of  Merchant- 
;,  by  which  name  they  continued  a 
coTporation. 

And  that  the  king  did  shut  and  ofiea  foreign 
trade  at  his  pleasure,  by  many  iostajices  men- 
tioned by  Mr.  Attorney  and  Mr.  Solicitor,  does 
£irlher  appear,  33  H.  3,  mem.  1,  2  E.  3,  pars 
•ecimda,  inemb,  35,  3  H-  3,  N.  33,  Rolls  Pre- 
rofratiTe  170  and  214,  before  cited,  primo  H. 
5,  41,  deciino- octavo  H.  6,  N.  60,  and  the 
HM.  of  12  H.  7,  c.  6,  which  1  have  cjitisefj  to 
W  ie«rched.  And  in  Plowden^it  Commi'iitarii'^, 
in  ibe  great  esse  of  Mines  Royal  it  is  set  down 
as  %  rule,  that  ancient  charters  and  grants  of 
the  crown,  aretb*'  best  evidences  of  the  prero- 
fUt/^ffe,  PhiL  and  Mary  erected  the  corpo- 
iitfKUi  of  Russia  merchants,  hy  charier,  %vith 
ap'  •  other;;,  with  the  like  conditions 

willj  I  itjod  in  the  charter  at  the  har  ; 
and  w^%  afterwards  appi-oved  of  in  parliament 
in  8  Eli^.  and  the  foHeUuro  mentioned  in  tiie 
leHeri  patent  matle  more  effeclual.  And  as 
Mr,  Attorney  did  truly  observe,  that  when 
G«liJ8  was  taken,  and  thereby  the  fftaples  un* 
•ellM,  <|tieeii  Ehxabeth  ihou^ht,  according^  to 
the  precedent  of  the  Russia  and  other  compa* 
"  s,  it  waji  ino«t  ad ^antageoufi  for  the  carrying 
lit'  trade  and  foreign  commerce,  to  erect 
and  corporations  ;  which  was  well  ap 
red  of  in  thc»se  timc^,  and  so  has  continued 
since  undisturbed,  until  this  present  ones- 
;  which  \  shall  more  particularly  insist 
upon,  when  I  come  to  discourse  of  the  next  head. 
And  h^rc  hy  the  way,  I  shall  only  remem- 
brr,  tliaf  there  were  many  records  and  books 
cited  by  the  connsel  at  the  bar,  to  prove  the 
itfliarance  between  alien  enemies,  and  alien 
ilBJut  \  and  how  these  intidek  are  in  law 
loolied  upon  as  per{>etual  enemies,  and  the 
many  cases  tliat  were  cited  about  the  Jews,  and 
others,  J  think  will  not  be  necessary  to  be 
farther  insisti-d  upon  ;  fen-  I  conceive  they  do 
not  concern  the  question  tljat  is  now  before  us. 
For  were  not  tlie  charter  now  in  question  m 
being,  it  would  be  worth  while  for  Mr.  Sandys 
to  consider,  how  far  he  might  lie  obnoxious  to 
punishment,  for  tradiofr  with  infidels,  who  are 
"n  law  called  *  perpetni  inimjci/  And  therefore 
ci»ncei*et  it  i»  a»  penal  f<nr  any  of  the  kind's 
-»^—  ^  t|pg||g  ifitti  intidds,  who  are  aheo 


enemies,  without  a  royal  licence,  as  it  is  to 
trade  with  aliens  amies,  contrary  to  a  royal 
prohibition.  An*!  I  canuoi  irotijfjcture  how  he 
will  avoid  this  rock,  notwithstanding^  his  pre- 
tendud  skill  in  navigation,  without  making  use 
of  tills  charter  as  a  safe-conduct  to  him,  hy 
imphcation  ;  though  he  se<^ms  here  5o  much 
to  strugg;le  against  it ;  and  how  tar  that  would 
prevail  ibr  his  benetit,  may  be  al»o  consideretf. 
But  as  I  said  before, 

4.  The  true  question  is,  Whether  this  be  % 
good  grant  to  the  plaintifts,  of  a  sole  trade  to 
the  Indies,  were  the  inhabitants  therfK)fChrif* 
tians  or  infidels,  exclusive  of  others  ? 

And  therefore  I  nnjceed  to  the  next  step, 
that  tliough  unbwiut  ensroffsing,  and  motm^ 
|M)Hes,  are  prohibited  by  me  laws  of  this,  and 
all  other  nations  ;  yet  I  do  conceive,  that  the 
charter  now  in  question,  of  a  sole  trade  exdu- 
sive  of  others,  is  no  such  unlawful  engrossing, 
or  monopoly,  but  is  supported  and  encoura^ed^ 
as  conducing  to  public  benefit  by  the  law/ 
practice,  and  usage  of  this  and  other  countries. 
And  herein,  by  the  way,  though  the  word 
Monopoly,  or  Lngrossing^fifenerafly  spoken  of 
is  odiousin  the  eye  uf  our  law,  yet  some  en- 
grossings,  and  so  ^nie  monopolies,  are  allowed 
of  in  our  books  *,  and  so  I  desire  to  be  under* 
stood,  wlien  I  say  a  lawful  or  unlawful  monO' 
poly  ^  or  a  lawful  or  unlawful  engrosMng.  And 
iQ  as  much  as  this  is  the  great,  and  as  I  think, 
the  only  objectioji  that  either  hath,  or  can  bttf 
made  against  the  present  charter,  I  shall  be 
the  more  particular  in  giving  my  opinion 
tlierein,  with  the  reasons  and  authorities  that 
liave  induced  me  thereunto. 

I  premise  only  this,  that  in  all  those  coun- 
tries, where  societies  of  trade  arc  erected  by 
the  supreme  power,  exclusive  of  all  others,  ag 
the  case  at  the  bar,  monopolies  are  forbidden  % 
and  are  as  severely  punished  by  their  laws,  as 
they  can  be  by  the  comu\on  and  statute  laws 
of  England,  (viz*)  in  Holkud,  Ciermauy^ 
France  and  Spain,  &c. 

And  so  wherever  the  civil  law  prevails,  mo- 
nopolies are  punished  with  coofisca^tion  of 
goods^  and  bantshment.  C.  de  Ilklonopoliis  eC 
Cens.  forens.  part  1,  fol.  49 r. 

Now  though  monopolies  are  forbidden,  yet 
that  cannot  be  unda^tood  to  be  so  universally 
true,  (as  no  general  law  can  ever  be)  that  it 
should  in  no  respect,  and  upon  no  occasion  or 
emergency  whatsoever,  atlmit  of  any  excep* 
tion  or  limitation. 

The  exceptions  thereof  may  be  such  as  these : 

1,  Though  no  private  persons  can  have  the 
sole  trade  to  themselves,  by  their  own  private 
authority,  yet  this  may  be  granted  to  a  public 
society,  by  the  prerogiUive  of  the  prince  ;  if, 

^.  It  be  upon  good  cau»e,  and  lor  the  public 
advantage  of  the  kingdom. 

3.  From  the  necessity  of  beginning  and  car- 
rying  on  such  trades  and  foreign  commeixse, 
which  can  Ue  only  done  by  companies  and 
soeielies; 

4.  Such  companies  and  societies  ought  to  be 
eontiiiued  &nd   supported   upou   tlie  oatoral 


I 
I 


I 


I 
\ 


539J  STATE  TRIALS,  SSChaklesII.  l6Bi.^Tk€GftatCaieo/MbmopaBn:  [540 


equity  and  Jii8tiee»  that  no  other  pemms  should 
be  periuitieil  eiihpx  to  reap  the  profit/  or  to  eo- 
danger  the  loss  of  what  hath  been  begun,  and 
beeu  carried  on  by  them,  with  great  hazard 
ami  expenoe. 

Now  in  as  much  as  foreign  trade  can  nerer 
be  of  advantage  to  this  kingdom,  except  the 
balance  be  kept  equal  between  this  and  other 
countries ;  which  can  never  he  done,  but  by 
keeping  up  to  pro|M)rtionable  rules  for  the  re- 
gulation thereor  with  the  otlicr  countries  :  and 
because,  as  I  said  before,  the  municipal  laws  of 
this  realm  seem  too  scanty  for  that  purpose,  I 
will  therefore  first  consider  how  this  quebtion 
stands,  as  to  the  law  of  nations ;  and  then  how 
it  is  considered  by  our  law,  producing  autho- 
rities in  boUi  to  make  good  my  assertion.  And 
because  I  thought  the  former  more  natural  and 
effectual  for  the  decision  of  this  question,  made 
me  more  inqiiisitive  than  otherwise  1  should 
have  been.  Cujacius,  lib.  16,  Obser.  23,  dis- 
tinguishes inter  '  Monopolia  licita  et  illicita.' 

'  licitum  Monopolium,*  says  be,  '  est,  si 

*  oertia  personis  vef  quod  potius  est  certo  Col- 
'  Ic^io  conceaserit  Priiicc|)s  ut  ei  soli  jus  sit 
'  vendende  certc  mercis ;'  and  therefore  re- 
citea  a  law  of  the  emperors  Tbeod<J8iu8  and^ 
Valentinian,  by  which  certain  governors  of 
commerce  were  appointed;    *  Edictali  Lege 

*  HDcita,  at  nulli  Mcrcatori  nisi  ad  designate 

<  loea  tem|KHribus  pnestitutis  ad  ne^fotiationis 

*  SUB  'speciflt  distrmhendas  passim  Uceret  ac- 
'cedere.' 

CarpzoviuR,  in  his  Decisions  before-men- 
tioned, lib.  3,  Decis.  105,  N,  13  and  14,  makes 
this  no  new  case ;  *  £t  certe  (non  est  novum) 
'  modum  commerciis  (quie   tamen  liberrima 

*  esse  debcnt)  poni  ex  causa  niniirum  publicse 
*'  utiUtatis  vel  necessitatis,  ex  quo  31onopolia 

*  alias  prohibita  jure  subtfistunt. 

And  again,  '  £xemphi  haud  rara  sunt  iibi 

*  neceasiute  et  Kdi4:to    principis    Monopolia 

*  quandoque   probari :    Commercia  ad  certaa 

<  porsonas  et  loca  restringi  videmus.* 

Idem,  Decis.  4.  N.  10.  et  N.  13.  <  Nimirum 

*  Exercitium  ac  permissio  Mouopolioruni  a 
'  Principis  arbkrio  de[>eudet,*  &c.  Scacca  de 
Commertriis,  U.  7, 161.  301,  N.  1  'j.  *  Hoc  non 
'  procedit  in  MonopoHo,  autoritale  Principis 

*  sive  Rcipub.  contracto,  quia  sicul  monopolia, 
-  priratu  autoritate  contracta  Ueipub.  sunt  per- 

*  niciosa :  Ita  hcec  quic  Ijcgis  Autoritate,  e\ 
'justa   contruhuntur.    Causa   Ueipub.    valde 

*  utilia  sunt.' 

Grotius  de  J.  R.  ct  P.  lib.  li,  cap.  12,  sect. 
16.  '  Mono(M>Iia  uon  omnia  cum  J  ure  uaturce 
'  pugnant :  nam  possunt  intenlum  a  summa 

*  jiotestate  perniittr,  Justa  di-  causa  el  pretio.* 

Up  gives  amongrst  otliera  tiiese  two  exam- 
ples: 

1.  From  the  history  of  Joseph,  wlun  he  was 
vice-roy  in  Egypt  j  \s  hich  is,  says  he,  an  il- 
lustrious iivstanee  of  this  matter. 

S.  That  undiT  the  Ilouiaiis,  tlie  Alcxan- 
diians  lia«l  the  sole  trade  of  all  Indian  and 
^thiopic  commodilii  s. 

Ho  Xhuanus,  lib.  32,  gives  an  inslanoe  of  a 


grant  from  tlie  French  king,  Ann.  1604,  for 
the  sole  trade  into  Canada,  or  New  France ; 
for  which  be  gives  tliis  reason,  *  Ne  gravis 

*  esset  csrario  ad  sublerandos  navigatioBit  iUinc 

*  institutie  sumptus.' 

Which  I  conceive  will  go  a  great  way  in 
supporting  all  such  trading  oompSniea  as  can- 
not be  begun  but  by  a  piltiic  expeace. 

C.  de  Monopoliia,  the  prohibition  iaezpmtly 
limited,  *  Nisi  Privilegium  vel  alia  oonaoetudo 

*  in  utilitatem  puUicam  vergens  reaistat.' 

*  Mercatura  est  res  ijdifferens,  in  qna  Ma- 

*  gistratus,  vel  in  vetando  vel  penaittendo  anan 

*  pro  Commodo  Keipub.  potest  interponere  aa« 

*  toritatem.'  Halmas.  de  Fmn.  Trapesit.  fd. 
236.  *  Hoc  solum  permistum  est  Regi  ut  pant 
<  prohibere,  ne  aliia  vendat  salem.'  Alciat.  in 
Q.  inter  publica  17,  in  Fin.  F.  de  Veib.  Sign. 
as  it  is  at  this  day  practised  in  Franoe,  Thuaa. 


lib. 


Sic  in  Sale  Vendensi,    Monop 
licite  ezero 
Scacca  de  Meivat  part.  4,  N. 


>polia  eliam 
hodie  in  lulia  licite  ezeroeri  h  snperiorm 


*  permissione.* 
80. 

*  Sic  in  Rqiub.  Lubecensi,  certia  i_ 

*  Mercatoribus  oh  prcdictas  ntionet  jua  co* 

<  qqendi  sacchari,  et  salis  spedali  Priviigia 

<  ooncessum  est'  Marguard.  lib.  4»  c.  7*  N.  89. 

And  then  as  to  the  usage : 

<  H«c  est  communisoma  omniiimp  aalb 

*  prorsus  reluctante  Doctorum  aanlentia,  qnod 
*•  jnra  bujusmodi  Emporalia  et  Regalia  povant 

*  ac(|uiri  non  modo  per  Concessiooem  eumni 
*•  Pnncipis,  scd  ctiam  Consuetodioe  el  Ptm* 

<  scriptione.'  Lesbius  de  Justitia,  bb.  8.  e.  tt« 
Dub.  21. 

By  the  imperial  laws  commerce  and  traffic 
have  received  several  otlier  limitations ;  aome- 
timefr  the  subjects  of  the  empire  baTa  been 
forbidden  to  trade  to  certain  places,  pavCicalarly 
named  ;  and  in  general  by  otlier  conaliliitioM, 
forbidden  to  export  coin,  gokl,  or  arma,  to  aay 
of  the  barbarous  nations. 

And  that  the  law  or  customs  of  natioqa  if  soi, 
the  prnirtice  does  evince. 

And  tirst  in  (lermany,  where  the  law  pra- 
liibiteth  all  muno|>olies ;  yet  see  how  tbe  law 
there  stands  in  res)>ect  of  our  case. 

<  ('irca  Monopolia  autem,  qui:^  exerceator 

*  advfTsus  Cives,  obser^andum,  non  ease  iltt<* 
<  *  cituui,    si  non  cuivis   quodvis  negotiatioiiii 

<  geuus  exerccrc  conceditur,  sed  illia  duiiCaial 

*  qui  ad  idem  cxercc^ndum  juxta  institute  CiTi« 

<  talis  sibi  jus  q uteri verunt,  quemadiuoduoi  m 
'  rebus  pub.     Kuropeis  tecta  qusedam  pni- 

*  stitissc  o|K)rtet  eum,  qui  mercaloriura  aut  opU 
*•  fiC'Liim  aliquot!  toUerr  vult.' 

This  as  tu  Coiiiorations. 

As  to  trndiiig  Societies  thus  : 

*  Sed  et  fieri  pcitost  ut  a  summa  potestatefia- 

*  cietati  mercatoruin  indulgtatur  certum  gaoM 
^  iMrrciuni  ^^  certis  loo  is  advehere,  ezdosn  ra- 
'  liipiiscujus  privik's^ii  concedendi  variRpOHiHl 
^  esse  causw. 

*  1.  Nam  Commercia  qua  ad  loea  i 

*  ma  instituer«9itur,  priusquam  rite  f 


&4(  1  STATE  TRIALS,  3(S Charles  11.  JdSi.—Tfte  E.  L  Company  t.  Sandys,  [544 


I  rvfpiimnt  eiitn^ittiH,  &  anc'ipiti  ercntui 

M    ■  '»    ftutUoriwus  talium 

f  «n  c«it*  tie   qtio*!    ab 

♦  furr 

•  V  !  i»<''j  privi- 

i|ty»t  ces- 

_  ,__^.._.-    ',...:!_,  -^'  '^  sne- 

rtmm  nidiori  Mf  commerdi 

ajorcm  ropiani  incrftutn  hoc 

fM,  m-riite  «?c  lot  f\'ftudihuj»  et 

'III  miorum 

I*  lor  I  rciiartum 

»r^iaiibiu    portioniLnis  'Ji'^irjf»«iili!i%     I\»flen- 
•i|M€ilr  Jan?  Nuliirfc  k  (Pentium,  lib.  5*  Ibl. 
4  lf«nic)^  motbcnr  iloes  more  at  Tar^e  dc- 
h  bai  b«Mi  ft  qtteslian  snnietiines  delintcd, 
»Wtiii I   UH?»or»*  V^  rntrrfHl  jnlo  by  iSit*  rians 
j       T^tSfiWiSDnf  liitv  ?  *   Uninpe  quod 

111  "I  ^        *«c  ferre  viileturj  ut 

|r  ^  i-mnnt  confitderati  fjua; 

ip  to  voluor,  Vi^tidaut.* 

I  i»  yertinn  notv  made  agBinst 

Bat  die  uiAi*  cr  ^^iren  was  twofold,  ami  will 
i«K  bane  to  tli mease. 

1.  tV«t  ihr  i^'mperor  ClmrlCT  4.  hx^  giiren 
aii  ifarahitioo,    und  made  it  lowful  by  his 

f.  lliif  ihfi^v  harl  conUnued  in  possesion  of 

thkmdnf  »o'  ^^^"'    ***'t  '^"'v  the  length  of 

iBp  ftodlieT  e^s  consent)  re- 

i  »n  ilrjii  L,  ,  Curpzovius  de 

I,    Clip,  e,    sett,  10. 

u   question,  ruid  otlier 

I  ftf  Uke  nature  gmiilt'd  by  the  kinga  of 

laanWf  W-^tir<^  i  bed  with  < 

1. 1^  least   ir  js  this  so- 

|iiilW(jr  "ti  was  blate<1. 

ItlMHtgli.  (o  the  tnleM  ot  our 

^Kieh  A  |rn*^<iii  <.]  iifcci    '  '    ' :  iln  the 

_  I  of  A  Mta^Tipiion  ;  i  f  na- 

[ ta^  Mill  the  i^racttrv  f:<ajfitn«^ 

I  ^\Uk  «re  <mh'  ndn  i  tf^o,  it  i« 

^laiip.  •  iWscni  ...     ......  —  Itjngi  tem- 

fnrfr  rfm    Jegis    obtlnel^    imo   tolttt    omne 

*Pl»ot.ii|p<io  tcmporm  imcuemorialih,    quep 
"  '  **     "        e«i   et   fx   ritioso    etinm    tiluJo 

I  et  V  ^  otnnesqu*?  solemni^ 

^rinm  ,  negfotio  accewusse, 

Wliir  joitas,  num.  10, 

lespectum  con- 
el  Cae^wirum  appro- 

rnntUL'iuuu    jiri  '  '      '^  u 

'  iluT  .  n.  50, 

IvilJbrx.  -""  one  of  the 

vv  i>»d  of,   go 

I  I'.i  ".'■-■-,    :■!     ^      ^l-Lifld  to  Jgllp- 

rthciu.     i  tiiid  abof e  mxtv 


(fonie  say  dsi^hty)  towns  and  cities  tinited  tbeit 
stocks,  making  Lubeck,  Brunswick,  Dautxic, 
*nd  CoOen,  the  chief  place*  of  their  residence^ 
and  so  gteal  was  their  trade  and  credit  under 
that  constitution,  that  manv  pnoctfs  griMiteil 
them  large  privileti^Gs,  and  ifiey  kept  courts  by 
their  deiiuties  and  councils  at  Bergen. 

Bv  tile  la^vss  of  Spain,  all  monojiolies  are 
forbfdden  and  under  the  same  penalties  ap- 
pointed by  the  civil  law  :  yet  there  al^o  a  right 
may  be  acquired  to  a  sole  trade,  by  licence  ob- 
tained from  the  king'^  or  by  prescription. 

Quinta  partida  Tit.  7.  le**.  ^.  incnihris  hoc 
Commercium  Mariltuium  exclusis  cieteris  a<l 
«0.   anr:  '  *:      ,f^  uHa  re  se 

*  niagis  >  i  vicie  nostris 

*  diebuS)  [^inio  lUi  vtiii  [i;i  (  unjbiiujU  itiagnltudo 

*  ct  felicitas,  quam   Narigationutn   iu   Indiai 

*  Orientates  susciptarum  coustantia  et  sucoessuSy 

*  ail  quos   ut  ttmrio  parceretur,  societt^les  in- 

*  stilute,  Cfi  at  unique  taodero,  ut  sub  unatn  bo* 

*  cietaieui  oniiies  coircnt,  quod  alioque  experi- 

*  tnento  conatitisset,  Aromatnm  pretia  ab  insu* 

*  laris  oh  cmptornm  frcipientiam  augeri,  et  cutn 

*  alii  alils  prtevertere,  Pt  lucrum  ad  ne  aliorum 

*  damnoderivaresatagercnt,  ubicoiico)*diamajc* 

*  hna  est  opuSj  Bmulatlouum  et  dissidii  i»emiui 

*  sparg^.' 

1  come  in  the  next  place  to  tnake  it  a|ipesr» 
that  as  the  law  of  nations,  and  the  practice  of 
all  other  countries,  warrants  the  (ike  g-ranls 
and  restrictions  with  the  case,' at  the  bar  ;  so  I 
conceive  this  charter  of  sole  trade  to  the 
fndies,  cxcludinjj  othei^,  is  neither  opposed  by 
the  common  law,  or  prohibited  by  any  act  of 
|iarliament ;  but  is  supported  by  Wh,  as  wilt 
more  evidently  appear  by  the  practice  atid 
constant  usage  in  alt  times. 

Therefore,  though  ing-rossino^  be  a  crimt, 
odious  in  the  law,  and  punishable,  yet  all  man- 
ner of  iDgtff!=isrn§r  is  not. 

Therefore  in  tl\e  case  of  foreitfo  tradCp  which 
is  only  apphrable  to  tlie  case  at  3ie  bar  ;  it  wa« 
resolved  by  all  the  judges  of  England,  3  InstiL 
196.  That  merchants  may  buy  bevond  sea  io 
gro&s,  and  sell  here  again  in  gross  also.  I  say* 
that  all  monopolies  are  not  unlmvful.  Gene- 
rally speakititr  they  are,  and  therefore,  I  will 
admit  the  description  of  an  unla^iful  monopo-* 
ly  made  by  my  lord  Coke,  3  Instlt,  181. 

A  monopoly  is  an  institution  or  allowance  bj 
the  king,  by  hi^  grant,  commission,  or  other- 
wise, to  any  person  or  persons,  bodies  politic, 
or  corporate,  of,  or  for  the  sole  buying,  selling, 
making  or  using'  any  thing  v  whereby  nny 
persou  or  pergons,  body  poHtic  or  cornorate^ 
ai^  sought  to  be  restrained  of  any  freedom  or 
liberty  ihey  bad  before,  or  hindtred  in  their 
lawful  titicfi;, 

Nuw  if  thesuTtjeclsof  England  had  not,  be- 
fore this  grant,  a  free<loiu  »md  liberty  to  trade 
to  the  Indies,  agulnht  tlic  king'irojal  pleasure, 
the  charter  at  the  bar  wiU  be  no  mi^uopoly 
within  that  rule. 

Now  that  theyv  had  no  t^uch  liberty,  lialli 
been  sufficiently  proved  by  the  several  pro- 
hibitions mentiQueU  before^   and    tlie  mauf 


1)43]  Sf AT£  TRIALS,  36  Charles  II.  }6H.~3'he  Great  Cmt pf  Mm^p9tm:  [j 


more  instaoccs  tlitn-eof  cited  by  Mr.  AUorucy 
anil  3lr.  8i»licitor ;  ojiit  it  would  be  very  strange 
that  ilie  king  might  prohibit  ft»R'ij^uVre  fWiiti 
comiu^  here  into  Kn^rlaiid,  and  uot  pruhibit  lii^> 
own  bubjecls  Irom  gfouig-  into  toreign  countries. 
Aorl  ii  is  not  dunioil,  but  if  the  king  should 
prnclaim  a  uar  \%\\U  the  Indians^ that  then  it 
would  bt*  a  prohibit  ion  to  all  his  subje<'ts  to 
have  any  commerce  n  tth  ihem  ;  nay,  and  he 
int^ht  cofitinui-  that  war  as  long  as  he  pleases  i 
and  by  tliat  means  all  hiii  subjects  would  he  as 
well  prevented  of  any  of  the  commodities  of 
that  cuunti'y  ;  and  aUo  of  exportin^^  any  of  our 
commodities  ihit  her.  iSo  that  surely  this  char- 
ter, with  these  restrietioru,  is  much  better  than 
4  total  CLX  elusion  ;  and  ihercfbre  foreigii  trade 
U  not  like  our  home  ii  ade^  to  which  the  word 
monopolies  is  properly  ap[»licable  ;  for  that 
cannot  be  totally  excluded  for  any  time,  though 
never  so  Bniall,  oy  any  act  of  prerogative. 

Object.  Ay^  but^  say  the  detaHiant'»  coui]' 
»el,  though  Uie  king  cau  by  hia  prerogative 
prohibit  'jl\)  trade  to  any  country,  upon  such 
great  emergencies  as  war  and  nlagiie,  &c.  yet 
to  grant  hliertj  to  some,  and  cjccjude  others^ 
that  makes  the  ^rant  at  the  bar  be  thought  a 
monopoly.  Which  is  still  begging  the  question » 
for  if  the  king»  by  his  prero^tive,  have  the 
power  of  restraining  and  disposmg  foreiij^i 
inde,  wbere  acts  of  parliament  have  not  iii« 
lerposed  ;  as  bv  the  precedents  already  cited  I 
COHCttive  clearly  he  has,  as  inherent  to  his 
**rowii  \  therefore,  as  he  may  restrain  all, 
so  he  may  restrain  any  part  by  the  same  parity 
ofreftion. 

If  the  king  proclaims  a  war  with  any  coun- 
^1  ^hioh  is  a  general  proltibition  of  trade,  and 
louid  order  that  John  a  Style,  or  a  do/.en,  or 
Tiny  greater  number  of  his  subjects^  ^c,  and  give 
them  instructions  to  treat  for  a  peace^  and  the 
persons  so  appointed  should  carry  ou  a  trade, 
would  bot  Mr.  liiandys,  do  you  think,  have 
us  much  reason  to  murmur  that  he  was  none  of 
IllOfe  ambassiidors,  as  he  has  now  by  being  not 
oomprized  w  ithin  th^  charter  P  And  would  it 
not  be  thought  an  arrogaticy  and  ^uciness  in 
him,  to  demand  an  account  ofUie  instruction 
jfiven  by  the  king  to  such  ambassadors  ?  Or 
dun»i  he  trade  there  till  a  peace  were  proclaimed 
Willi  that  country  r* 

And  the  glust  of  that  law  says,  *•  lltefcatares 
^  iKm  taelaiit  inter  Monopoltum  de  re  non  ven* 

*  denda  nisi  pro  certo  pretio,  vel  de  non  excer- 

*  cendo  oBicium  nisi  per  eos  recicpiatur  offici- 

*  ale^  et  socios :    Fossunt  tamen  hccc  facere 

*  cuuj  concensu  et  scientia  Regis  et  contra 
■  facieutes  pcrpetuo  exulabunt,  et  eorum  bona 

*  Regi  applicantur.     Ex  privilegio  ergo  lic^is 

*  possunt  simUiterel  consuetudine  vel  prescnp- 

*  tionc,  quia  quod  pnvilegio  acqiiiritur^  etiam 

*  pra^criptione  acquiri  potest/ 

And  there  quotes  ^  ubi  dlcitur,  quod  potest 

*  concedi  priTil^ium  \  quod  quissolus  piscetur 

*  JA  certa  parte  Slaris,  et  aliis  |)otcst  probiberi/ 

In  France  Monopolies  are  prohibited   also, 

*  Sub  pcena  Confiscationis  corporis  ct  buDorum 

*  indict.'  Const.  Fr.  l,  Art.  191. 


:^< 


I    wilt 


Notwithstanijing  which,  there  i 
several  corporatiorks  tor  trude ; 
but  «wo,     Anno,  i6/,r,  the  Fp 
a  grant  of  the  sole  tisihery  in  li 
a  society y  excluding   others  upou  pain  that  14 
ierlopcrs  BhaJI  mcur  the  jieualty,    *•  tie  Coofi 

*  cation  des  I'aisseuux   ct  Mercluuidt^es  et 

*  dix  miJle  Livrcs  d*  Amende/     Aytz.   toL^ 
|»ag.  207.     And  in  tlie  year  IG64,  the  J 
India  Com|Kiny,  by  his  declaration,   wiib 
tiXclustoD  to  all  otlierit,  hke  our  East- Id 
Company,  page  74,  75. 

In  the   United  l*rovine«s,  the  laws  agi 
raouopolies  are  the  same,   yet   there  alwayt 
were  sevei^  trading  corporaVions  excliisifc  of 
all  others.     3  June   16t2],  in  the  charier  ofllie 
Dutch  West -India   Company    it    in  gT«al«t 
thus :  '*  and  in  C4se  any  one  shall  go  to^  or  ne- 
gotiate in  any  of  the  aforei»aid  places  granted 
to  thif  Company,  and  without  coii«e&t  of  tbe 
said  Company,  it  shall  be  upon  paia  and  fi>r« 
feiture  of  iiuch   ship  and  goods,  a»  shaH  b« 
found  to  trade  in  those  coasts  and  plaocfty  wbicb 
bring  presently  and  on  all  sides,  on  the  behilf 
of  the  said  Company,  set  ujion,   taken,  aaii 
forfeited,  shall  be  and  remain  to  the  use  of  tlie 
said  Company,*'  Aytz.  vol.  1.  p«  62.  sect.  I. 

And  in  case  such  ship^i  or  ^^^oods  be  sukt, 
or  fly  into  lands  or  havens,  the  nggers  and  part 
owners  thereof  shall  and  may  be  distnuiicd 
to  the  value  of  the  said  ship  and  goods. 

That  the  aforesaid  Company  shall  within  tW 
said  limits  make  governors,  officers  of  war  Knd 
justice  i  and  for  the*»ther  necessary  «crTitt» 
lor  the  preservatioD  of  the  places,  and  oiiia- 
taining  of  good  order,  policy  and  justice,  lad 
the  udvancement  of  their  trade,  ■  "  i^iKiutl, 
dispose  and  displace,  and   sub  ^riii 

their  places,  as  they  shall  &id  invit  ^iUti«  do 
require. 

At  I  ships  coming  to  any  p1»ce  where  tbe 
Company  have  their  garrison  smd  guremiiNDt 
shall  not'  transp9rt  thence  any  mea,  goods,  1 
money,  without  leave  and  consent  of  the  coan 
cil,  upon  the  pais  and  ioHeiture  oP  six  montl 
wages,  &c. 

In  the  grant  to  tbe  Dutch  laJia  Comptny    , 
20  Mar.  1602,  that  no  body  of  w  hut  quality  gd 
condition  soever,  shall  for  tne  space  of  tweuty^f 
one  years  pass  Eastwards  of  the  Cape  of  G««<t 
Hope,  uiion  forfeiture  of  ships  and  goods,  Aytt. 
1  vol.  fot,  157. 

That  the  said  Company  may  appNoint  gx>vtf- 
nors  and  officers  of  war  and  justice,  and  for 
other  necessary  sen  ices,  for  ttte  preservAtioa 
of  their  places  and  maintenance  of  good  onler» 
policy  and  justice, 

Tlie  said  officers  to  take  the  oath  of  flupre* 
macy  to  tlie  slates  general;    and  of  tidHdfJ 
as  to  what  concerns  trade  and  traffic,  lot 
Company. 

A\\i\  ufterwards.  the  9th   of  Sept.  160^, 
Plaeart  was  [mblu»lied,  thai  nobody,  '^ 
indirectly,  shall  pass  or  Inide  be  void  tj 

of  fiood  Hope,  upon  pain  of  dc*ath,  auu  \*>t\ 
feiture  of  their  hhips  or  goods,  which  shall  I 
found  to  have  doue  or  tQ  do  so.    And  Uio 


oaiMH 
wtliil 


J45]  STATE  TRIALS,  36  Charles  II.  iCs^-^The  E.  L  Company  «.  Sandys.  lUiS 


ihey  sbonU  absent  theinsr>]?es  out  of  the  United 
IVwinceK,  yet  tlic  iienteDce  shall  go  on,  and  be 
4Hsraed  and  executed,  with  the  present  onnfis- 
otioD  and  aeUing  of  their  j^oods,  actions,  and 
cfcdits. 

Idem,  pafB^  158.  And  surely  the  Dutch 
have  been  always  by  us  esteemed  as  our  g^nmt- 
cit  and  must  dangerous  rivals  in  trade. 

And  as  for  the  reason  and  necessity  of  es- 
taUishioy  this  way  of  trading  by  companies,  see 
Ike  judgment  of  Tbuanus,  Jib.  Hist.  124  and 
\30t  where  making  mention  of  the  East- Indies, 
be  saitli  thus:  *  Diversis  itineribus  hnjus 
*  Segionis  Incolarumque  Ingeniiscognitis  tanta 
'fie^uentia  it  privatis  hoK;  ipsa  Navigatio  et 
'•Cominercium  exercitum  fuit,  ut  alter  alteruni 
*•  fen  ivisset  perditum.  Ad  obviandum  itaqiie 
'  kme  malo  visum  fiiit.  An.  1602.  quibusdani 
*biijos  NavigatMinis  mercatoribus,  pnupo- 
'  JeiUim  ordinum  consensu  corf  urn  constitucre 
'eorpoii,  ciijus  tantummmlo,  &c.' 

Ik  Indians  being  infidels  arc  by  law  cs- 
iBUBul  common  enemies ;  aiul  the  opinion  of 
■J  kvd  Coke  in  Michelbomt'^s  case,  I  think, 
Ihewfcre,  to  be  law,  notwithstanding  the  ob- 
JKlisiiitiiat  have  been  made  against  il,  which 
Moeef  our  books  warrant ;  now  the  king  by 
hiidwter  makes  the  plaintitis  as  it  were  bis 
■■bHHufcMV  to  concert  a  peace,  atid  Mr.  Hsui- 
dytHnnurs  becaiuie  he  is  not  one  of  them. 
.  The  kiag  may  grant  a  fair  or  market  to 
wyadatct  he  has;  but  because  he  grants 
te  pavwge  to  some  of  his  suljects,  have 
4^  imaaj  just  ground  of  complaint?  be- 
CHK  dbe  kii^  may  pardon  every  offender, 
lit  vil'  Boi  pardon   any  highwayman  now 
■■  licwgatp,    must  those  gaol-birdd,  thci-e- 
f^  think  thentselres  injured  in  their  liberty 
^  ymperty  ?  because  the  kmg  gpranted  to  his 
li»B  or  Hull,  that  no  other  ships  should  he 
tkn  fineigbted  for  iiireign  parts,  till  the  ships 
rflhat  ton  n  were  first  freighteil ;   as  he  did, 
KilCIum.  41   £.  3,  memb.  25.  did  London, 
Anct,  or  any  other  town  of  trade  complain  ? 
V«U  any  of  these  gentlemen  that  contend  ft)r 
tti  liberty  of  trade,  adventure  with  their  for- 
kaci  to  j\lgi«rr8,  and  %vlien  they  are  seized 
y  by  the  Als^nos,  tell  them  we  are  Eng- 
iSiBeD,  and  we  have  by  the  common  law  of 
bbnd,  and  many  statutfs  of  our  kingdom, 
«ficlisii|i|»oi-k  the  liberty  of  the  subject,  a  friHi- 
dvi  to  traile  wherever  wc  pka&c  i  Or  would 
ail  they  rather  say,  we  have  a  pass  from  the 
k^l  of'  Kn;;laud,'and  rely  u|ion  that,  which 
fMimes  Ireutics,  leagues,*^  and  truces  between 
llbeei;   and   in  case  that  will  not  prevail, 
As  khig  will   see  them  ri^htcil  ?   And  in  the 
Amv  that  is  now  before  us,  there  in  a  parti- 
ng realiiction  and  limitation  oi'  trade  to  any 
pbee  in  amity  with  our  king.    Now  as  the 
Mrtttt  usage  and  practice  of  other  countries 
'Vmanli  surli  socii:ties  as  these,  ti)  docs  ouvs 
Vk;:Fer,  as  I  said,  the  Hans  tiHvns  were  some 
'^  fcil  enfporations  of  trade  that  we  read  of 
Mn;  flowaa  it  thougbt  the  interest  of 
-jhM  to  nipport  and  encourage  them. 
i5B%  H.  Sp  gavo  then  gr^ut  privileges,  and 


the  Still-yards  for  their  residence,  which  th«r 
enjoyed  near  300  years,  niana<riiig  their  traife 
by  an  aldermau  and  counsel,  called  The  Guild 
of  the  Hans,  ingrossinjx  the  trade  of  England 
for  grain,  cable:*,  masts,  pitch,  tar,  6ce.  and 
under  that  colour  tbe  Jacobsons  at  this  day 
claim  several  privileges. 

It  is  obseFve<l  by  many  historians,  tliat  the 
most  flourishing  trades  nave  been  begun  by 
united  stocks  and  policies. 

In  this  kingdom  a  [»ateiit  was  first  obtaiued 
for  the  ei'ecting  the  staple,  from  E.  3,  before 
any  act  of  parliamf^nt  intermeddled  iu  that 
trade,  and  pn>ccetletl  under  several  regniation^ 
till  the  time  of  queen  Eli/idicth.  In  the  book 
I  cited  bi>forc,  Malyii's  Lex  Mcrcatoria,  fol, 
150.  says.  This  company  of  iiicrcbants  are 
above  400  years  standiiii^,'as  that  lKH>k  r(Tkon« 
IVoui  1248,*  ulien  ibc  said  mercliaiits  obt^ned 
privileges  of  John  duke  of  Brabant,  and  wito 
eddied  the  brothorbood  of  St.  Thomas  liecket  of 
Canterbury  :  which  wore  contirniiHl  hy  king  K. 
:^  H.  4,  H.  .'»,  H.  (»,  E.  4,H.3,  11.  7,  who 
gave  them  the  name  of  ^lerchant- Adventurers  ; 
and  sfter  him  confirmed  by  H.  8,  E.  6,  <l.  M. 
Q.  Eliz.  and  king  Jauics,  not  without  many 
enemies  and  opposers;  especially,  says  ihut , 
book,  of  late  taxing  them  to  l)c  monopolies,  an^ 
unprofitable  to  the  commonwealth,  being  that 
all  our  cloths  are  not  dressed  and  dyed  in  Eng- 
land ;  yet  it  still  prevailed,  as  being  thougut 
for  the  public  good. 

And  it  is  observable,  that  queen  Elizabeth 
did  not  only  confirm  what  was  done  by  her 
predecessors,  but  augmented  and  greatly  en- 
»r£fed  the  privileges  of  this  ancient  cimiiumy  % 
ana  confirmed  the  charter  of  the  Muscovj 
company,  granted  by  Philip  and  Mary  ;  and  set 
up  severai  other  companies,  as  that  of  Exeter, 
mentioned  at  the  bar;  tiie  Eastrliifiia  i*om» 
pany,  and  the  Levant  nntl  the  Eastland  com- 
pany. And  ahhoiigh  that  ancient  end  bene- 
ficial company  of  staplers  was  oiicii  oppo9e<l  by 
particular  persons,  and  <;omplainefl  of  :is  a  mo- 
nopoly intrenching  upon  the  liberty  of  <Iio  sub- 
ject, in  several  purliauuMits.  in  the  time  of  J 1 .  4, 
"H.7,  E.  6,  and  queen  31piy:  yet  all  partiet 
being  beard,  these  complaints  wrre  fully  an- 
swere«1,  and  the  Company *s  priviicgvs  ratified 
and  enlarufed. 

Again,  in  queen  ElizalK'thNtime,  the  clothiers 
having  piY^vuilrd  airainst  the  coin|>any,  the 
ch>thing  countries  were  almost  quickly  ruip<-d, 
and  rediierdto  thai  fvtre.mity,  that  in  «M'  Eii/. 
the  lords  of  ihet'oinicii  s»ent  lor  the  njei.l'ri-«  ut" 
that  Company ,  desn-lnif  iheiu  to  ivassuiuc  ilii'ir 
priviU»gi's,  and  clieariiilly  to  prortH-'d  in  their 
socii'ty  ;  with  assi'.vanec  of  lII  ei»:mtFHJt!irc  riid 
assistance  liom  the  i:(>\irrMii"nt.  Aim'  in  too 
reiurnof  king  .lames,  alW  s.'V<i-:il  iiiRMii»ju  rs 
had  enilcavoureil  to  desfoy  pie  riunpuny.the 
king  published  his  pmolain^ttwin  t<i  irstore  tlie 
Company  to  its  ancient  |)ri\  iic'^'es. 

So  did  kiiriy  Charles  i,  7'.h  Dec.  1G34,  re- 
citing;,   *  AVhtTias   \w   lia\«:   tukvn   into  our 
*y|>riucely  considiMUtiitn  tlu*  inunifotd  benefits 
'  that  redound  to  tins  kins^doiu  -,  and  fiudiiif^ 
iJ  N 


I 


547]  STATE  TttULS,  36  CiiiaLts  U.  ifiS^^Hr  Gr«re  Oiaf  ^MmopoHm: 


*  h»vf  oiueh  order  nd  gorcrtiiiMnl  iflrill  ccm- 
'4uc«  ia  Uio  Lurrc^se  ati«l  atlv«^eiiioitl  of  the 


pn 


lit  fit  I  With  the  ^drka 

I  lite  Coinpaxiyi  and  |*ixihi* 
tlil*&u^  ..   upon  tlteir  privil^esi  u|)Ofi 

ptin  ol'  sucli  pimidhmeuts  &s  the SUir-ckMHilbisr 
sbtU  inflict. 

Hinc<e  Ibis,  it  may  be  \vor<h  consltlemtioa, 
whetho'  the  breaking  of  this  Com|mnY,  ha« 
not  occfufjutiei]  the  ^raiki  th  cay  of  our  ira*lc  jd 
voui  :  it  heiuof  u^itfftiblc  to  reason,  ihntas  im 
liiw  ttui  t»c  tfVeoturtl  witho4it  courts  of  jiistict? 
Ix>  put  lUoiii  in  execution;  uor  a  straij''/''^y 
imiy  t^ubsist  viiiiumtdi^riptirtc;  ma  !iti*a^tj;ltng 
inkle  iimtiii^LHt  by  [>articii1&r  |»ei'M>ns,  Hhibl 
mfciy  one  t»ti(\es  (o  advauce  his  own  privafe 
lAieiest,  wiil  niio  the  trade  in  gi^ucrMl,  e-s|ie- 
daliy  such  a  hnjcardous  ti^de  as  thU  to  the 
£a»t- ludics,  uhich  already  hiuh  biH^n  so 
chari^eable,  aud  cati  otily  he  prcventeil  by  the 
coiiiiiict  aud  ;^yTt?riuneut  of  a  public  society  : 
aud  surely  to  look  atler  atid  sfttUj  the^c  iiiiil- 
ten?,  |n  V  '  !iiu«fs  to  the  care  and  prudence 
©four  . 

Now  i  ..;,,t,i  ^.i->crvOt  how  the  practice  has 
been  botii  in  tpieen  Elizabeth's  timc^  aod  ever 

sinO^t    iiod    that  althoH'I'   u\:\uv    rhui  *n  ;    r.l^f 

oursut  ilie  bar  have  i 
ever  rlemandtiiiby  a  J3' >_ 

UaU,  or  an  much  as  ubJL-ctod  ti^^uinst,  save  only 
that  ol"  the  Canary  pnlcnt,  till  this  cause  at 
the  bar:  and  Uiough  s^-e:^  atteuint>i  havr* 
keen  made  both  in  purltaiuoiU,  anil  hi  tlie 
coutts  at  W»siniin<it(  L-hiill,  n^Ainut  mmiopo- 
lit» ;  ytt  this  charter,  and  *»lhers  ot  the  like 
o«ilure«  wei*  never  looked  upnn  uadcr  that 
c;haracter.     Vot  instance, 

J-  A  chillier  was  grantcil   2  Eli^,    to  the 
iMCii-haiits  i}i'   EalUt   for    the  f^iv  tra/le  to 

France,  CAclUclipr'  u]\    nl\>rc   ui.  i  rli  ..;-.  ni'  t>x. 

cter  not  of  that 

turbtd,  ami  pn  ,  ^  ^  , ; 

tiou  that  wiiM  made  nmnnst  it  in  {>ariianieiJt. 
Kiiic:  E«h>anl  t3,  and  kiii^  l*hdip  and  iilary, 
hrivHJL^  -r;tif«;l  a  rlMrh  i'  bkc  OQIH  to  lh«» 
Jin.,p;i  ,  ,  nv|  'isi\  1;  Ui(  u  .  .nJtiiiiicd  ift  jteacf.  till 
i'  t  lixabi'th;  w,hen  the  p^itr- 

^  ol'  that  patent,  thoii^'hl 

in  ill  rni,;,i]u  a  \\i\U  nU  the  c 
iina^'^nitilitc;  atid  wa«  an  far  fro.^i 
||^ono|^oty,  thiU  it  t(S*>  v    :  * 
fore  ihnt  lime  had  i 
by  it;    m^'l   -^•••.i- 
oilier  pt'ii.t' 

b\  the  itMi'      ,  ,1 

there  wtrti  some  initTinperi  upuu  iiuit  tnide  in 
those  days,  and   Iwwl  btcu  Vinhle  ii-  tl.r   fo; 

'itnre«»  mflicLed  by  thusu 

tre  f liPtT^f^-r  f ir**^'!  tf» 
iliat  I 

pot  t^:^r  ri*1   ol    J 

kin  linblc  to ; 

nil,  as  to  t  fjt    r. 

tiueen  El/. , 
M  era!  ciiaiici^  oi  ilic  hke  uaUirCt  which  [auuted 


the    p^nisal  of   her  attocp^   and    «olJ 
learned  men  in  our  profiMon*     In  the 
nio^  of  her  rtign  tr»y  lord  chief-haron  W 
wt«   solicitor,  air  Oilbert  f>errard  atloi 
^eneml,  and  passed  (hose  patents  botli 
Uinsia  and  heeler  companies:  ^S  ¥AM 


lord 

tht^  1 


:»caaantijorily 
t^  her  rei^ni.  gfniutetl 


Ik 

of 


Pophain  was 

•  Inr  E^ertoo  sol> 

vv  such  charters  were  mst*  gi'antied 

tl  th€  bar.    And  then  my  lord  Coki 

•  I,  and  roy  I'^r-*  ^  »->.-*'  i^^pen 

raJ,  *vho:r  cf&i 

ni.  .  „  i ,  ,   .itjie,  that  in  i.-^   ,.  _-:'J  fl- 

of  the  qnecn,  the  parliament  look  uottoe  of 
many  patents  of  cnono}>ulj4*a,  aa  it  apf»carR  by 
the  book  cried  at  the  bar ;  Townsend's  Cal* 
hclions,  QU  and  '^46.  The  parliament  aeeioed 
to  be  as!  hic:ii  aii  ev*ii'  tliey  h  ere  in  any  •g*  W- 
fore,  and  particularly  were  incensed*  by  tliiia 
putentD.  A  list  of  all  vttarti  brought  tn  Ky  Mr. 
Secivtary  Cecil,  that  were  thou|i^t|rrieviHU^ 
prrjndicml  to  it-  '  '  '   '.ini^ti 

there  were  a  c^i I  i'^ 

whom  tliat  of  iunv   i»  '  ^1»«- 

ujent,  nor   n«>ne  olficr,    <  lay 

charier  sf ranted  to  corpon-  "i 

tinned  undislnrJicd.     And 

:i!!M's-:  fi»  oh-^t  r\  r.    that  Oui!    ,        ... 


I   in   narliameot,   but  re- 
in Wesftn ' 


estmhiHtetvliail  ^  Ibe 

great  reason  tiiat  gutded  that  judg^tiieoi  ita<i, 
the  restraint  thai  whk  put  upon  the  hoine  tr^; 
and  fto  it  appears  in  More's  Reports,  072.  Aod 
thii*;  stood  these  charters;  the  I  hina  ehift«r, 
the  Turkey  ci>nfipany,  the  Bai^ 
the  Guinea  company,  ail  charts 
1      '    '  '  jiiained  io  iiuueaun 

vie. 


!'% 


, 

r  rrfking  JamttiM 

lirki 

i^  a  geiM-ml  tid 

'.<'..i.' 

nee,  to  all  tb»| 

nt  l»e  done  in  n 

!iy  tlic   preaiH 

thai  act ;  uor  *. 

Hi  call  those  dun 

nioiioj»tt!itfs,  ur 

ii             •)•  tntdc  to  any  « 

]n%rhi  of  the  uoild,  hut  leaves  all  cUarlfl 

fornVn  tffide. 

save  to  !8|>ain,  Portugal 

l-r.,.- 

in  ns  they  ilid  before.     All 

1  U..- 

^  cap.  9t  there  is  notice  u 

« be  charter  gmr.^           *     1 

of  the  6ofte  iTi               -^ 

uas  thong'ht   tu  if^-  njmiM 

:\s  of  that  stntute  K.  3,  >tJ 

smiJ  Ciiu 

i'neir  priTtlr^esJ 

ii,'s,  or  III .  -  ■ 

rod  unto  them  |l 

chnrttfi^  Hiiy  iiiuti;  contained  in 

!    ?\'A    10   ilie  contrury  notwit  

Ilia  act  ol^  parhaineut  i  oksertel 

L    tii      :      ■    ■'  ,         ■",  ■    ' . 
charter  ;  ^ 

elnwve  nl  ik:  jr>,  wjji!  lof  mo  jin  nu 
wc.ll  id  that  eity, 

IE  That  the  kttcrt  [laletit  weic 


599]  9rkTETtilAlS,36CnktLLfi9U.-i6S4.^TTie  E.L  Company  ff.Sgniya.  fSSO 

hwy  lad  did  not  want  the  assistance  of  :«n  act '  that  the  pfiriiament  then  thought  a  nenerat 
tf  ptrinmeiil  to  8U|iport  them ;  for  that  act ;  savinj^  sutiicient  to  support  those  chaners  that 
diet  BOt  eenfirm  those  lettera  patent,  but  pro-  ,  ivcrc  then  in  beinsr,  to  coqjorattons  for  trade 
fides  ottly,  that  the  itatuteS  Jac.  should  not  and  merchandize';  but  oiade  particuiAr  pro- 
W  general  trords  be  thoug^ht  to  impeach  or  vi«»os  for  the  savinir  of  patents  for  inland  com* 
iub«>ytliem.  Now  had  the  parliament  thought  i  mo<Utip3,  viz.  such  as  salt,  gunpowder,  ord* 
the  charter  voiil  or  inflrm,  they  mijs^ht  have  i  nance,  shot,  and  the  like. 
ttfrmed  or  atrengtliened  it,  as  the  Russia  j  Ho  that  this  company  was  in  full  possession 
fiinCwM;  but  ttey  concluded,  that  had  it  of  their  privileLje  of  sole  trade,  exclusive  of 
not  been  for  the  statute  of  Tcrtiu,  the  charter  \  others,  all  king:  James's  and  kinji^  Charles  Ist'ii 
vumd  to  all  intents  and  purposes  :  and  this  .  time,  till  ail  the  prero^tivcs  of  the  crown  were 
I  tue  10  be  full  authority  in  the  case  at  the  ;  invaded,  and  the  crowneii  head  too  was  taken 
Iv.  Bat  to  proceed,  tlie  Greenland  patent  ;  olf  by  traitors  and  rebels.  Hut  the  providence 
ftrtole  iSshiiiff,  exclusive  of  others,  gran  ced  by  {  of  Gml  having^  restored  us  our  kiuuf,  and  re- 


reDJ 
3. 


I  ESzabeth,  is  held  good,  Rolls,  Part.  5, 
.  3.  Taylors  of  I  Ipswich's  case,  and  the  case 
•fthe  abbot  of  Westminster,  is  agreed  to  be 
Inr;  ID   Darcy'a  case,  More,  673,  by  Mr. 


1 1  think  need  the  advice,  I  shall  read 
lie  teij  words  of  the  book:  he  that  hews 
ilife  Ins  bandsy  chips  will  fall  into  bis  eyes  ; 
'  It  ^  Migestatem  scnitatur  principis,  oppri- 
'  mttar  sptadore  ejus.' 

h  hag  Jameses  time,  many  j^nts,  like 
4Hii  were  made,  but  particularly  m  7  Juc.  the 
fMtmoted  to  the  East- India  Company  by 
^eeei  KBnbetli,  was,  by  tlie  ail  vice  of  her 
~  ",11  wdl  as  by  my  lord  Hobart,  then 
^felleral,  and  sir  Francis  Bacon,  soli- 
■I,  confirmed  and  allowed  with  the 
\  as  the  charter  at  the  bar  ;  and  so 
Inndisturbedand  uninterrupted  all  king 
!*•  reign,  and  was  not  thought  to  be  any 
vhil  touched  or  aimed  at  by  the  proviso  in  the 
tfme,  43  EKz.  cap.  1,  sect.  9,  that  act  oidy 
paaCbg  aft  the  monopoly  |Kitenis  comnlained 
mkwmz  parliament  of  43  of  the  queen,  which 
1  neafioncri  before.  Then  comes  the  statute 
•■neh  lonsted  on  hy  the  defendant's  counsel, 
eHNmlv  called  the  statute  of  monfipolics, 
te.  tl  Jac.  cap.  3,  which  certuinly  doth  not 
um  tflbet  the  case atthe  bar.  For  first,  this 
llvier  m  not  a  general  grant  for  the  sole  buy- 
i^jiiMing,  making,  using  of  any  thing  within 

* 'Ti,  which,  are  the  very  wordn  of*  the 

'  doea-thia  charter  give  the  East- India 
lioenoe  or  toleration  to  do,  use,  or 
le  uiy  thing  against  the  tenor  or  purport 
^9af  kw  or  statute,  which  are  the  only  things 
pRndcd  against  by  that  act.  But  the  parlia- 
^■ft  tiMn  aeemeu  to  take  the  same  general 
to  «f  all  such  charters  as  this  at  the  bar,  as 
fc  fvKament  did  in  5  Jac.  of  that  particular 
AHtarof  Esceter  ;  and  tlierefbre,  to  the  end 
ItttfMia  words  in  the  begimiing  of  this  act  of 
imiglit  not  Ifc  Uionght  to  exten<i  to 
rporations  for  trade,  there  is  a 
feineo,aeet  9,  that  that  act  should  not  extend 
wMf  cwpoiatiitus,  companies,  or  fellowships, 
AflLMMtodlbr  the  maintaiuancc,  enlarnfeinent, 
tl  fiiirw  any  trade  or  merchamii/e,  Itut 
DM  as  they  were  before  that  act, 
on:  and  it  is  obeerrable, 


invested  him  with  all  his  undoubted  prerotfa- 
tives,  as  wdl  as  restored  us  to  our  ancient  riorhts 
and  privilesncs,  and  scarce,  as  1  may  say,  warm 
in  his  throne,  but  amongst  the  other  consi- 
derations that  he  had  ibr  the  pidilic  weal  of  his 
subjects,  he  considers  the  public  advantage  of 
this  kingdom  arising  by  tradi^  and  amongst 
them,  one  ot'his  first  thoughts  arc  ii\cd  upon 
this  Company.  For  3d  of  April,  160t.  he  by 
his  letters  patent  taking  notice  of  the  charters 
of  queen  Elizabeth,  'and  king  James,  granted 
to  the  East- India  Company,  and  of  the  inju- 
ries that  were  done  to  them  by  the  late  tron* 
bles  ;  witli  the  advice  of  his  council,  and  ap- 

tirobation  of  Mr.  Attorney  Palmer,  and  my 
ord-chancellor  Finch,  he  granted  and  con- 
iirmiid  to  them  all  their  nrivilirjres.  The  27th 
of  May,  in  the  Wlh  of  his  i-cign,  lord-chan- 
cellor Finch  being  attorney,  jmmI  my  lord- 
keei>er,  that  now  is,  Mdicitor,  lie  confirms  this 
charter;  and  gi-auts  to  the  Easit- India  Com- 
pany other  privileges,  by  aiH}t her  charter  in  tho 
UHih  vear  of  his  reign  ;  at  which  time  tl»e 
l^nl-iCeeper  was  atlornry,  and  sir  ^Villiam 
Jones,  solicitor  :  he  ronfirms  the  former,  and 
grants  more  privilrgcs:  and  in  the  25th  year 
of  hi»j  reign,  by  the  charter  now  in  questi(»n, 
ItasMcd  with  the  approbation  of  tho  pn.'sent 
attorney  and  <iolicit(»r,  men  of  groat  ability  in 
their  professions,  and  of  whom,  were  they  not 
present,  1  should  say  much  more ;  the  char- 
ter to  this  company  was  confirmetl  with  a<ldi- 
lionai  privileges. 

Nor  has  this  charter  pav-rd  only  the  appro- 
bation of  his  niaiesty  and  council,  since  his 
happy  i-estoratiim,  hut  the  parliuaicnt  lias 
likewi'^c  taken  notice  of  it;  the  statute  14 
Car.  'J,  cap.  14,  takes  notice  of  it  to  be  of  great 
advantage  to  the  piddic.  The  stat.  of  the  29th 
of  this  king  for  poll-money,  taxes  thrm  with 
twenty  shillings  for  every  huniired  poiinil  in 
stock.  In  the  great  case  between  Skinner  and 
the  Kast-lndiaCompany,  the  House  <»f  Com- 
mons defended  them,  even  to  an  eruiHion  be- 
tween tlie  two  iiouscs. 

Mr.  Jenks  and  some  other  linnrn-drapcBS 
and  trailesnicn  of  London,  t-.iWv.i^  the  advan- 
tage of  the  heats  that  too  fre«iucnily  [H>Kses9ed 
the  House  of  Commons  of  liile  years,  espe- 
cially against  the  |H)int  of  prenigative,  did 
f  iiiously  attack  ihe  East- India  t.'ouipany.  but 
without  any  success  -  and  this  company  was 
never  assaulted  in  Westminster-Hall  till  this 


551]  STATE  TRIAI^,  36 Charles  II.  i684.--ITbGfrf«r<CiM«o/^imi?p^   [SS* 


cause  at  the  bar.  1  cannot  Iielp  therefore  this 
olisei-vatiou,  that  as  the  king  oy  his  charter 
1607,  takes  notice,  that  the  cluirtt.*rs  grauted  by 
qpecu  EUzabeth  and  kinnr  James  remained 
uninterrupted  till  the  late  rebellion ;  so  the 
iaterlojiers  a^inst  the  kins^'s  prerogative  in 
this  particolar,  and  the  horrid  conspirators 
against  the  king^s  lite  in  this  last  hellish  con- 
wiracy,  tirst  appeared  in  Westminster- Uall 
aliout  the  same  time. 

As  to  the  ol^outions  I  have  not  yet  given 
answer  to,  1  tiiiuk  ihey  arc  hut  few  :  my  lord 
Coke!8  opinion,  cited  by  Mr.  Pollexfen,  2  lust. 
510,  where  my  lord  observes  new  thincrs, 
which  with  fair  pretences  prove  hurtful  to  tlie 
commonwealth  ;  and  amongst  them  reckons, 
that  new  corporations  trading  into  fureign  parts 
and  at  home,  which  under  the  fair  pretences 
of  order  and  government,  in  conclusion  tend 
to  the  liindi'unce  ot'  trade  and  traffic,  and  in 
the  oud  produce  monopolies,  docs  not  at  all 
concern  the  c;iiic  ai  the  bar.  For  this  charier 
that  hath  continued  i'or  100  years  without 
any  intuniptlon  till  of  late,  can  neither  be 
tiMuight  a  new  corporation  or  hindrance  of 
U'ade  ;  and  ^ir  Kd\%ard  CoLc,  when  he  was 
attortiey  general,  and  past  this  charter,  was 
309  learned  i:i  tli;j  lau',  a;<»  he  was  when  he 
published  that  book,  and  wii><  turned  out  of ' 
beuig  chief-jubtiee,  did  not  think  this  charter 
needed  that  caution. 

As  to  the  case  of  the  Canary  patent  I)etween 
Iforn  and  Ivy,  that  cauuot  atfect  the  case  at 
the  bar. 

I.  For  tii'st,  thejudgineatlu  that  case  was 
pven  u^;on  the  point  (»f  pleading,  and  not  U}M>n 
thevalidiiy  of  the  paicnt. 

II.  That  pattni  \;  a>  iu  pei  feet  opiK»sition  to 
the  statute,  ;>  Jac.  thai  opened  a  free  trade  to 
Spain,  and  tJjereforo  could  not  be  restrained  by 
the  king's  letters  pu^-cut,  but  there  is  no  such 
objcelion  to  our  ease. 

The  counsel  that  argi:c(l  for  the  defendant 
seemed  to  allow  liie  charters  to  the  Virginia, 
Turky,  and  Eastland  Companies,  which  are  ex- 
clusive of  otheis,  to  be  good  ;  because  they 
are  mauii«jed  by  a  rei;uiatiou,  and  not  by  a 
joint-st<ick,  V.  liioh  sureiy  cim  make  no  dirter- 
cuce  :  fur  it  is  a  <;rant  oi'a  sole  tnule  to  them, 
•ixdufeiveofotliers,  iis  at:ll  as  the  case  at  the 
lar.  An»l  it  is  as  hard  io  get  jnio  the  Tnrky 
Company,  as  ii  i;;  into  tl.is  ;  and  may  be  more 
cliar:;e;il>ic :  lur  \ uu  lamiot  be  a  member  of 
the  Turky  ionip*.Jiy,  but  you  nuist  be  a  free- 


reserved  to  himself  a  power  to  destroy  and 
alter  tte  whole  charter,  or  any  part  thereof, 
so  as  to  put  it  into  a  way  of  regtilatioD  instead  ot' 
a  joint-stock,  in  such  manner  as  be  shall  in  his 
great  wisdom  think  tit ;  therefore  it  becomes 
us  in  duty  and  modesty  to  wait  till  we  receire  " 
his  further  royal  pleasure  therein.  And  whereas 
it  was  objected  at  the  bar,  because  the  king  - 
cannot  lay  any  imposition  upon  foreign  trade, 
therefore  he  cannot  restrain  it : 

1  do  not  know  to  what  end  that  objection  was 
made,  because  it  does  not  affect  the  question  it 
the  bar ;  but  lest  it  may  obtain  tbe  eflect,  tbtt 
I  presume  w&s  aimed  at,  I  think  it  is  not  amiw 
to  say,  that  even  at  this  day  there  is  much  more 
may  be  said  in  the  maintenance  of  the  king's 
prerogative  in  Westminster- Hall,  in  that  case, 
than  can  be  offered  against  his  iirerugative  in 
this.     But  in  as  much  as  that  and  several  otlwr 
objections  against  the  charter  proceeded  from 
an  uureasonaMe,  as  well  as  uiiinannerly  mis- 
trust they  have  of  the  crown,  1  cannot  out  re- 
member that  his  sacretl  majesty  was  not  so 
misli-u&tful  of  them.     For  he  since  his  restau- 
ration    has  bestowed  u|M>n  his  subjects  more 
than  all  his  preilefM^ssoro,  put  them  tUl  together, 
since  the  co»<picst,  ever  did.     Nay,  he  in  a 
n^mont  frank Iv  bestowed  upon  us  more  than 
ever  he  <lesircslie  should  bo  trusted  with  againy 
for  by  his  act  of  indemnity  he  bestowed  upon 
Ids  subjects  their  li\es,  hl»erties  and  estates, 
which  were  all  justly  and  legally  forfeited  to 
him  by  tlie  late  rebellion  ;  the  consideratioa 
whereof  will  pn.'vent  all  fears  and  jealousies, 
and  promote  iu  all  loyal  hearts  a  firm  retola« 
ti<ni  to  sacrifice   their  lives   and  fortunes,  so 
freely  bestoweil  upon  us  by  him,  to  maintain 
the  crown  and   just   prero^jatives  thereof;  so 
that  it  ma^  have  a  ]>er{Kitual  continuance  in  that 
r(»yal  family,  in  a  luwtul  buccession  ;  which  I 
heartily  pra^  may  be  so  long  as  the  sun  and 
nuMMi  endures. 

From  wiiat  has  Ix'cn  said,  I  hope  it  doth 
plaiidy  appear  that  since  the  law  of  this  land, 
and  the  law  of  nature  and  nations,  allow  the 
power  of  making  com|)anies  to  manage  tra£Bc, 
exclusive  to  all  others  to  be  io  the  prince,  that 
this  is  reckoned  to  be  '  inter  Jura  Rej^ia;* 
that  no  act  of  parliament  d^es  restrain  this  pre* 
rogative ;  that  the  practice  of  all  £urope  bis 
been  accordingly  ;  that  particularly  such  com- 
panies have  been  enacted  in  )*]ngland,  and  those 
companies  have  l»een  in  (piiet  possession  of 
their  privileges  for  such  a  nunitier  of  years  ^ 


man  of  tno  city  oi'  LtMiilon  ;  and  makes  you  I  that  they  have  passed  the  approbation  of'^many 


liable  to  all  the  great  oiliccs  of  charge  in  thai 
government.  liut  u  froedom  of  ihc  Last-  J  ndia 
Company  may  Im*  pw:\lj:isod  at  a  much  easier 
rate  ;  the  mem  bus  of  tisc  East- India  Com- 
p  uiy  uro  as  visible  as  tl-ase  of  the  Turky.  And 
thu'igli  it  was  said,  the  K:u>t- India  Company 
vert- sonietimes  invisible,  yet,  wt-ve  theTur!*y 
(Nnn^tany  inTLried  with  so  luany  interlojK'rs  as 
Ihc  i Cast  India  Company  Imve,  they  wuuld 
not  ancvai'  l;u  ^^lorious  and  splendid  as  they 
now  do,  i*ud  as  1  heartily  wish  they  may  long 
>:ontiuuc.    Dut  the  king  ky  4us  charter  has 


learned  men  ;  that  they  have  been  thought  tor 
tbe  public  advanuiijfc  of  the  nation,  by  so  many 
langs  and  [irinces,  with  the  advice ^of  their 
council,  both  in  and  out  of  parliament ;  that  all 
statutes  anil  autlioi-itit  s  of  law  that  we  can  meet 
with  in  o::r  Looks  Mvm  it,  :ind  uone  thatl  cai] 
nit'»*t  \wih  oppose  it. 

That  the  Knst- India  company  have  soleljP 
run  the  ha;car«l,  antt  Ihh- n  ai  great  expences. 

In  <liscoveriug  places. 

Erecting  forts,  and  keeping  Cones, 

tfettliug  faptor>cS| 


553]  STATE  TRIALS,  30 Charles  11.  l6S4i.^The  E.  I.  Company  v.  Sanit/s.  [554 


And  making  1em<pies  and  treaties  abroad ; 
It  would  be    against    natural  justice  and 
c^oity,  (which  lio  municipal  law  can  take  away) 
Mr  mm  to  reap  t)ie  benefit  and  advantage  of 
i&tbis: 

Especially  since  all  this  has  been  occasioned 
bf  sn  act  of  the  public,  and  by  the  just  prero- 
ffldn  of  the  crown,  under  which  they  claim. 

8o  that  DOW,  supposing  the  matter  had  been 
dooblfiil  at  the  beginniug  (as  yet  the  contrary  is 
endent),  yet  after  so  m^uy  years  undisputed 
aid  mriDtemipted  prerogative  of  the  king,  and 
the  pot  ■■■on  of  the  companies  pursuant  thero- 
mi;  and  yet  the  laws  having  always  been 
opfD  to  any  sulgects  wiio  conceived  themselves 
mred ;  that  speech  which  Josepbus  records  of 
ng  Agrippa,  to  those  Jews  who  aiitcr  many 
ynii  endeavoured  to  recover  their  lost  pretence, 
■ij  be  applied  to  these  clamorous  interlo- 
pn: 

*  Intempertimm  est  nunc  libertatem  concu- 
*pioere,  olim  ne  amitteretur  certatum  opor- 
'  IHL  Non  amantes  libertatis  discendi  estis,  sed 
'nUili  cootumaces.* 

And  so  the  Romans  answered  Antiochus  (to 
Aev  the  iniustioe  of  his  demands),  *  That  he 
'Rfvred  those  cities  which  his  preilecessors 
'fw 80  many  years  had  never  enjoyed.' 

Aidqaeeo  £lizabeth  pleaded  against  the  king 
cf  DcBBark,  for  the  rights  of  fishing  upon  the 

nei- 
nor 

!  any  thing  ibr  it ;  and  thcre- 

Ar  eoMladed  it  to  be  unjust.    Cambd.  EUz. 
Mk  aui.  1600. 

jfotkati  oonchide  the  first,  and,  as  I  con- 
cme  the  only  point  in  this  case,  that  lettei*s 
fiM  which  gave  licence  and  liberty  to  the 
iWotift  to  exercise  their  solo  trade  to  the 
Mws,  within  the  limits  of  their  grant,  e\- 
dnvf  of  all  others,  is  a  cfood  grant  in  law. 

2.  I  ilo  conceive,  that  tne  ddbndant  trading 
tedbe  Indies,  contrary  to  this  charter,  may  be 
luhed  by  information  at  the  suit  of' the 
Bi( ;  and  that  this  action  by  the  plaintifis  is 
iki  well  brought ;  hut  in  as  much  as  I  have 
^^*    '  so  lon;r  upon  the  first  poiut,  I 


csHli  rf  Norway  and  New-Isbiud,  That  i 
tfaer  kb  great-grandfather,  ^prandfather, 
Albv,  hid  exacted  any  thing  tor  it ;  and  thi 


than  the  grantee  of  a  fair,  market,  or  any  othe*^ 
franchise. 

S.  The  aotion  is  brought,  and  gronndcti  upon 
the  grant  of  the  sole  an?  entire  trade  ;  which, 
as  I  conceive  is  a  franchise  the  king  may 
gprant,  and  is  like  the  case  of  new  inventions  ^ 
upon  which  letters  patent  actions  are  brought 
by  every  day's  experience ;  and  the  prohibiting 
clause  is  added,  only  to  mi:kc  the  thing  more 
notorious  :  and  that  interlopers,  in  case  they 
sliould  be  pro«ecute<l  at  the  kind's  suit,  should 
be  more  inexcusable.  And  until  you  can  ima- 
gine there  boas  many  East-  India  Companies  as 
there  are  commoners  and  school -masters  in 
England,  Mary's  case.  Coke  9.  can  never  be 
thought  an  objection.  As  to  the  objection  in 
the  h  Rep.  B8.  Rolls  Ahridg.  part  t.  p.  100. 
Darcy's  case,  that  admitting  the  grant  or  dis- 
pensation to  Darc^r  had  been  good,  tor  the  sole 
importing  of  foreign  cards :  yet  that  beinc 
only  a  dispensation  to  the  stat.  of  Ed.  4.  and 
did  only  exclude  Darcy  from  the  penalty  of 
that  act,  he  could  not  maintain  the  action : 
but  if  in  case  that  grant  had  vested  an  interest, 
as  our  grant  at  the  bar  docs,  he  might  have 
brought  an  action,  as  my  lord  Rolls  says  in 
the  next  ]>aragraph,  may  be  collected  out  of 
Darcy's  case. 

The  case  upon  patents  of  new  inventions, 
are  full  authorities  in  the  case  at  the  bar :  and 
so  is  that  case  of  the  abbot  of  Wcstmii.ster, 
wherein  the  grant  of  the  market  for  thirty  days, 
exclusive  of  others,  is  particularly  set  forth  in 
the  action .  And  the  Salisbury  man  that  brought 
cloth  to  London,  and  sold  the  same  contrary 
ti  that  charter,  is  prosecuti^l  in  an  adion  of 
trespass  upon  the  case,  at  the  suit  of  the  abbot ; 
and  the  writ  concluiies,  (supposing  the  grant 
good)  *  In  nostri  cronteinptuiii  ct  pronlicti  Abba- 
*  tisgra\c  damnum  ac  Vv.  cllibeiiatum  suarum 
» pitedictaruin  Uisionem  nianift^tam ;'  which 
is  an  authority  full  as  to  this  point. 

Upon  the  whole  matUT,  I  am  of  the  same 
opinion  with  my  brfrlhcrs ;  and  do  conceive, 
that  that  grant  to  the  pbiiititTs  of  the  sole  trade 
to  the    Indies,  exclusive  uf  others,  is  a  good 


M  trem^  upon  your  patience  but  a  few  i  grant,  and  that  the  action  is  will uiought 
*«ditotnis. 

t.  Tberetbrr  I  ronreive,  the  plaintiff  need        And    therefore  let  the    Plalntifi*  take 
M  lilcdge    anv    special   damage,  no  more  '  Judgment. 


hi^ 


STATE  TRIALS,  36  Chailis  II.  i6&^,^The  Lady  ttfi  Trial 


313.  The  Lady  Iw's  Trial,   for  great  Part  of  Shadwell,   in  the 
County  of  Middlesex,  Die  Martis  3  Junii,  a,  i>.   16*84.  Terj 
Triru  36  Chaules  IL  B.  K,     Before  the  Lord  Cliief  Justic 
Jeffuevs.* 


Slam  3tassam,  Plaintiff;  r.  Dame  TlieoUa&la 
Ivy,  D^c'tidant. 

_  _"HIS  day  this  cause  came  to  be  trietl  at  tbe 
tmr  of  the  Court  of  Kinj^'s  Beuch,  by  a  sjiecial 
jury  of  the  cohnty  of  M  id'JIesc^x ;  whose  ounics 
fbllow:  Sir  R^Jfinald  Forstcr,  hurt,  sir  John 
Cutler,  ItL  and  bart.  sir  Gt"ldai*d  Nelthoip, 
hurt,  sir  ^licbael  Heneag^e,  knt.  sir  William 
Guliilon,  knt.  sir  Richanl  Down  ton,  kot.  Rich* 
mil  Rivnifn,  Ralph  Bucknall,  Thomas  Aus- 
tin^ Joseph  Dawson,  Thoma*  Cleve,*  Hichanl 
Whili',  esquires. 

Who  being  c^uttteil,the  Record  was  read  to 
therm  by  the  clerk  of  the  papens,  in  English  ; 
tnd  t»pene<l  by  Mr.  Holloway,  for  the  plnintifl'. 

8erj.  Sfnit^cr,  Blay  it  pl^u^e  your  lordship, 
and  you  gentlemen  of  the  jiivT»  1  am  of  coun- 
sel iu  this  case  for  (he  plaintiff;  and  the  ques^- 
lion  will  bc%  whether  the  It^^or  or  the  plaintiff 
hath  a  good  title  to  tlie  teneoientfi  in  qjiea^tion ; 


♦  "  Jefferies,"  says  Mr,  Fox,  '*  wan  a  man 
entirely  a^rtieable  to  the  temper  and  huitahle 
to  the  purposes  of  tlie  present  govemment' 
£ihat  ot  Janie^  the  second.]  "  He  wa«  thought 
not  to  be  very  learned  in  his  profession  ;  but 
what  mi^^ht  *l«e  v^antiDg  in  knowledtre,  he 
made  up  in  positivcness',  and  intlecd  whatever 
luiirht  be  the  difiicnltle'^  lu  questions  be- 
ti^etn  one  subject  and  awoiher,  the  fashion- 
able rloctime  w  bich  prev&iled  at  that  time,  of 
•opfKirtiu^  the  kiog^s  prero^'^itive  in  its  full 
€Vtenl^  and  without  restiiction  or  litQitaiion, 
rendered^  to  such  as  espou^  it,  all  that 
branch  of  law,  which  h  called  constitu- 
tkiual,  extremely  easy  and  simple.  He  was 
ac  submi^ive  and  uie-au  to  those  abo?e 
Imn,  as  he  was  haughty  aud  insolent  to 
those  who  were  ill  any  degnree  iu  hiji  power ; 
and  if  in  his  own  ooAduct  ho  did  not  exhibit  a 
Tery  nice  regard  for  morality,  or  even  for 
decency,  he  never  failtd  to  aniniadrert 
upon,  and  to  punish  the  mofst  slight  deviation 
in  others,  with  the  utmost  se verity,  capeciaUy 
if  they  were  persons  tvhom  lie  suspected 
to  be  no  favourites  of  the  court,"  Hist,  of  the 
Reign  of  James  2.,  ch.  2* 

Burnet  had  before  said,  Own  Times,  vol,  1. 
p.  5^7*  **  All  people  \\ere  appreheniiiTe  of  very 
black  dcsig^nit  v^hen  they  saw  Jefferies  made 
Ltjrd  Chief  Juslice,  who  was  scaudalunsly 
Yieinug,  and  wa^  drunk  every  duyt  besides  a 
drui;kerkiiei»s  of  fury  in  his  temper  that  looked 
like  enthusiasm.  He  did  aoL  consider  the  de- 
cencies of  his  post :  nor  did  be  so  much  as  af- 
fect to  iieem  impartial  as  became  a  judge,  but 
rim  out  upon  all  occaeioiu  iota  deciamationx 


which  are  aliout  three  or  four  hundrt^d  I 
meats  near  RadclitR?,  ia  Shadwefl  parish  ; 
the  ground  thereof  is,  say  we,  the  atii:tent  io.' 
heritance  of  the  diurcli  of  8t-  Pad'^,  wlafi 
have  hatl  the  possession  tficreof  for  foi^r  or  fi?e 
hundred  years  f ,  We  siiall  prove  leojc*  duwa 
for  some  hundreds  of  years,  till  we  come  to  thit 
made  to  the  lessor  of  the  pbtntiff ;  under  wliflni 
we  claim.     We  will  be-j  !  clKtletse 

of  dean   Stillingflt-ft,  30  ',  upon  tiip 

surrender  of  the  lease  mnd*  ny  ut-iiu  Sanrmft, 
now  lord  archbishop  of  Cantcroury. 

Swear  JcoflVcy  WiHaii  f which  was  dOTie;|  it 
is  a  chuich-lease,  but  yet  be  is  a  witness  to  it/  ' 


The  Lease  of  30Seiit,  1^73,  waa  read^ 

Serj.  Siringtr.    (Shewing  to  him 
deed).    Did  you  see  that  d^  sealed  aod  4a- 
livereil? 

WUlan.  Yes,  Sir. 

An  Indenture  quadripartite  made  the  23itk 


that  did  not  become  thebar^  much  lr«s 

bench.     H«  was  ix^i  learned  it.  "  i 

and  his  eloquettce,  Ihou^  vii 

yet  was  neiLncr  correct  nor  agret3si»fc. 

Mr.  Barrington,  in  a  Note  to  hia  OlMffa- 
tions  on  4  Hen.  7,  observes  that  bishop  Biiiiicl 
**  is  generally  very  accurate  witli  ng«rd  ta 
points  of  thiii  sort"  [legial  history,]  *^*  and  il  ii 
not  improbable  that  his  tiistory  was  rwlicdbj 
his  great  patron  sir  Harbottle  Gritnstotie,  who 
wasMaslerofthe  Rotls.^' 

This  conjecture  cannot  be  true  of  any  part 
of  Burnet's  History  of  the  reig^nsof  Jamea  Id, 
king  WdJiaiD,  or  queen  Aiuie,  for  CiintNtijm' 
died  about  Christmas  tt>d4,  at  the  > 
see  1  Own  Times,  597.]     His  beiii_ 
chaplain  to  sir  Harbottle  must  have  j 
him  to  the  acquaintance  of  the  grt^ 
of  tlie  time :   in  his  btslory  be  occ^^uouall^ 
gives   us  their  characters.     In  the  trial  now 
before  us  Jefferies  displays  considerable  acute - 
ne:ss,  accompanied  by  his  usual  in^lence  and 
coarseness.     There  is  a    story    that  baving 
commenced  the  profession  of  the  law  io  the 
unsettled  tiines  bctwceu  the  death  of  Cliarlea 
the  First  and  the  Restoration  of  Chaiiee  ibe 
8ecund,  Jefferies  bad  never  been    r^uladf', 
called  to  the  bar. 

f  **  The  slate  of  the  question  being,  Wheil 
the  seven  acres  in  8 hn dwell,  was  part  of  th( 
ancient  inheritance  of  the  dean  of  St.  Faufa 
whom  Mr,  Ncale  was  lesfiec^  and  w)  now 
of  the  |d»iniiff;  or  part  ol    ^  ir,..;n,r  m^^i 
that  hail  been  drained  by  ooe  ^  and 

at^er  sold  to  the  Htepkins^^  un!         :^  lU  tkC 
lady  Ivy  did  claim/'    Former  iMlii. 


»7]    STATE  TRIALS,  $6  CHAHtES  II.  l6S4.*>r  great  Pari  of  ShadmlL    [fi 


lUrch,    im%  01  Car;  f,  between  Thomas 

Att.  Gen,  (Sir  Ruberl  Sawyer.)  We  idtuii 
ibeissigtimem. 

Serj^S/MUjircr.  Tlieii  wc  ihull  prove  llie  landa 
ta  oesooii  were  alwa^rs  held  of  the  dean  of 

Aii.  Om*  Ay  do»  shew  that  these  land*  in 
lyoMlion  were  su,  if  you  can* 
L  C.  X   (Sir  G.  Jeffreys).     I  would  not  in- 
upt  you,  gwiilemen,   pray   po  your  own 
lay;   hut  if  I   mistake  m>t/y  mi  h:id  as  good 
^  '     with  5  Ed,  a.  as  you  did  last  lime,  as  1 
illfcr-,     I   Lave  nol  mdned  my  bt>ok  I  had 
,  fcere :  1  foar  we  Iiavc  not  overmuch  lime 
I  iraste :    we  %[\^\\  want  liioc  at  the  latter  end 
CF-   t>terefore  pray  come  dasc  to  the 
^*e. 
_     .  We  will  shew  it,  if  they  re- 
'they  kufiw  it  well  enongl». 
An,  OcJi.  ISUew  what  you  can, 
^T}.  Sfnnger.  In  5  H,  8.  the  dean  of  PnuVs, 
|C«4kt.  \^nst9  to  nne  John  UaiL 

L  C.  /.  But  it  ifi  5  i>t^  £d.  6.  I  Oak  for. 
^ejj.  Stringer,    23  Feb,  5  Ed.  (5.  dt^n  May 
iiili  aaake  a  lease  to  Jimn  Halt,  and  IVIarceUus 
I HftU.    Th*?n  dtan  Fecknara,  10  Dec.  a  and  3 
f  WL  and  Mar.  in  consideration  of  a  surrender 
•♦'  thut  lease,  lets  another  lease  to  !\larctllus 
liiU;  aud  so  it  continued  fill  Slay,  16r.U,  and 
I  thmiiiD  Donne  tnaile  a  lt?ase  ihv  three  lives : 
LflpOQ  the  surrender  of  that  in  IGM^  dean 
T made  a  lease  to  Moor;    and  in   1G40, 
anollier  lease  to  Winterhurn,  which 
tid  to  Mr.  Neale,  nud  so  roaie  to  the 
'  the  plaintiff.     First  reail  this  hook. 
S^  Ctn.  W  tiat  book  is  it,  Mr.  Seqeant  ? 
L  C.  J.  Ay,  tell  US  tvhat  it  is;  open  it  he- 
ld it. 
4ds.]    '  A  tenement  with  a  crater* 

I  i'ertiHcntiu* 

,  J.  What  is  it  you  read  there  ? 
_.  _     "  ^    -  -  f.fwik  that  belongs  to 

ike  d-  Paul's. 

J  L.  L,  .'.     />.....  .,.,„^   ,s  it?    JIow  do  you 

I      trot*  il  ta  belong  to  the  dean  and  chapter  of 

^Vfrken  Mr,  Sj}€nrer  was  called,  !>ut  could  not 
^BadiYy  come  in  hy  reason  of  the  r:ro^Y  d.  3Ir. 
^^brtcr  was  svvoni.) 

^BSrrj.  Stringtr.  Mr.  Porter,  what  aay  you  to 

^^  Purirr,  8in<3ethe  iH^sri^ning  of  this  suit,  this 
heck  WHS  found  auiou^  the  wittings  of  the 
ileMi  atKl  rliapter  of  P:iul'». 
jiit^  Oxn,  How  long-  agro»  Sh",  upon  your 
rti  T^ Porter.  About  a  year  flfjfo. 
JL.  C  /.  *rhat  is  but  u  slovenly  acconnl  of 
1i    i  lMt^.t    !>.  this. 

It  is  phiin,  my  lord,  it  is  not 

:«:  on  pUrjM>8«*. 

L,  L\  X  It  1$  plain,  thai  in  this  !tKn]>ery  ag-e 
'  liTe  iii«  it  \s  vtry  easy  to  make  a  book  look 
"*     ^yfiU  wuutd  have  it. 

stringer,     Wc  will  ffo  oa  10  th»  lease 
to  IkUrcdJui  Hall* 


(Then  Mr.  5^encrr  cam e  in  and  wiw  sworn,] 

Mr.  Willi^mt*  Pray,  Sir^  when  first  saw  you 
that  hook  ?  ' 

Spencer.  Seven  years  ago, 

AtLGen,  Where,  Sir? 

Spencer .  Among:  ihe  evidences  of  the  < 
and  chapter  of  Puura. 

L,  C.  J.  What  is  it  you  would  reiid  in  itf 
An  entire  tease,  or  what  P 

Serj.  Stringer,  'Tis  a  ahort  note  of  a  lease. 

Clerk  reads.]    •A  tcnemeul with  a  water*! 
mill         —  "■ 

i.  C.  J.  See  if  the  hook  ha\'e  any  title. 

Clcik,  No,  ray  lord* 

L.  C.  J.  Let  me  see  it.    rWhicli  waa  done.] 

Serj.  Stringer,  The  23d  of  Feb.  5  Edw.  6.- 

X.  C.  J,  You,  8|>eiicer,  have  you  s«en  in 
any  of  the  books  an  entry  of  any  lease  made  hi 
Dean  Collet  ?  ' 

Sprncer,  I  havenot  observedthati  havei 
any  lease  of  Bean  CoUet. 

X.  C.  X  Have  you  seen  any  leaae  made  l^ 
Dean  Collet,  in  the  time  of  'Henry  8,  ahofl 
any  of  the  churches  lands  ?  I  nsk  you  the  ques 
tion,  l>ecause  I  observe  here  in  this  j>«per,  in 
two  places  here  b  the  word  *  Dean  Collet/t 
writ  with  another  hand  than  that  of  the  hook  j 
but  Nowell  is  writ  with  the  same  hand  a^  tie 
other.  And  so  Nowell  seems  to  have  been  put 
for  ijie  mt^k^r  of  this  lease,  as  besn^  put  upun 
the  top;  ^hcn  in  truth  he  \%^^  nrft  (i*-<!ii  till 
long  after,     Ujion  your  oath  name 

wa?i  that  lease  let  that  is  here  s- 

Spi;uccr.  I  know  not,  my  lord;  that  b  1 
book  I  saw  then. 

X*  C  X    U  this  letse  to   your   hook 
leasies  ? 

Alt*  Gen,  Pi^y,  GentleToen ,  y ou  did  protluce 
hetbre  your  original  deeil  of  purchase,  w  here  is 
it  uow  ? 

Mr.  IVilUams,  That  book  was  produced  an4 
read  at  the  first  trial, 

L.  C,J,  What  first  trial?    Not  that   la 
Term. 

Mr.  Wiiiitimi,  It  wftsin  the  cotui  at  thi 
time. 

X,  C.  X    I  believe  not,  you  are  rnislfikcn 
that ;  for  1  have  bi-ou^ht  lh£;  notes  I  took  the 
and  1  find  no  £uch  thing*  here. 

At  I,  GtTi,  They  produced  then  the  first  puf^ 
uhasc^of  the  dean >  ^ 

Lj  C  X  Is  diere  any  lease  of  Henry  6th*ll 
time  in  that  book  ? 

Spencer.  1  do  not  remember  any  lease 
Hciiry  ftth^s  time  of  this  land  ;  hut  f  havei 
that  iJook  ever  since  I  belonged  to  the 
business. 

X.  C.  X.  Have   you  not  a  hook  of  the  sue 
cession  of  your  tk*us.^    When  was  CoUflP' 
Dean  ? 

Mr.  Wiliifimt,  In  1505. 

L.  C,  X  When  wflH  Nowell  Dean? 

Mr.  Wittwms.  lu  l^dO, 

X.  C.  X  Then  1  asaure  yDU  this  book 
grandly  suf^jicrous* 

AitlOcn,  They  threaten  us  with  forgerie 


&5Sf]       STATE  TRIALS,  36  Charles  IL  1684.— 7%tf  Lady  lnjf$  TKc^       [fiflC 


and  I  know  not  what ;  I  believe  it  will  be  foand 
•n  Mr.  Neale*s  side. 

X.  C.  J.  If  in  case  you  come  and  produce  a 
bode,  and  ^^ou  value  ^ourselves  upon  the  an- 
tiquity of  ft,  as  an  evidenca  that  this  land  did 
belong  to  the  Dean  and  Chapter,  and  leased  by 
them,  5  H.  8,  and  in  that  b<K>k  Nowell  is  writ- 
ten by  the  same  hand  as  the  rest  of  the  book, 
as  Dean  then  ;  but  because  you  find  Collet  was 
then  dean,  and  Nowell  not  till  threescore  years 
after,  Nowell  is  turned  by  another  hand  to  Col- 
let ;  it  draws  a  great  suspicion  certainly  upon 
your  book,  as  set  up  for  a  puqiose. 

Air.  Williams,  It  is  true,  my  lord,  if  we  di<l 
that,  it  were  something;  but  we  find  an  old 
book  an^ngf  the  evidences  of  the  church, 
and  we  produce  it  af>  such  ;  we  have  not  al- 
tered it,  therefore  it  cannot  be  done  for  our  pur- 
•  pose. 

L.  C.  /.  Who  knows  who  did  it  ?  But  done 
it  is. 

Alt,  Gen,  And  your  title  is  under  the  dean 
and  chapter  of  Paul's. 

L,  C.  J.  Who  keeps  the  evidences  that  be- 
long to  the  dean  and  chapter  of  Paul's? 

Spencer,  .They  are  kept  in  the  chapter- 
house. 

L,  C,J,  I  am  persuaded  there  may  be  an 
ancient  book,  and  this  may  be  such  an  one ;  but 
it  looks  a  little  untoward  in  this  particular. 
Vou,  Spencer,  did  you  look  upon  those  two  par- 
ticular passages? 
.    Spencer,  No ;  I  did  not  observe  it 

Serj.  Stringer,  My  lord,  our  next  lease  in 
the  book  recites  one  made  by  Collet. 

Alt.  Gen.  Come,  upon  your  .oath ;  did  not 
Air.  Baron,  or  Mr.  Neale,'comc  to  search    in 
this  book  ?Spencer.  Yes,  tboy  diil. 
..  8erj.  Ltitwich.  How  long*  ago  was  that  ? 

Spencer.  As  to  Mr.  Baron  or  Mr.  Nealc  them  • 
selves,  I  did  nc\c.-  see  them  come  to  search  ; 
but  some  for  thirn  liave. 

Mr.  ]VilUu/u6.  Do  YOU  believe  tho  book  was 
thus  as  it  is  no«v,  iiefore  you  cumc  at  tirst 
to  it? 

Scrj.  Lutu'ich,  You  say  they  did  not  conu' 
to  search,  what  (!id  t!ic*y  come  for  then,  to 
drink  ? 

Spencer.  They  ha\«.'  ri>nie  to  llu'ofiiccr,  Viv. 
Porter,  but  I  uem-  saw  lUciii  smroh. 

Mr.  Williams,  lint  I  ask  you  a;^'ain,  was  it 
so  when  you  found  it  fii-st ;' 

Spencer.  I  believe  it  wus,  I  know  of  no  al- 
teration. 

Seij.  Sirinifcr.  lint  to  put  it  out  of  doubt, 
we  have  this  scaiiid  If^se,  which  docs  recite 
this  lease  of  CoIlct*s. 

Mr.  North.  Nov,  r.iy  I'lnl,  wc  have  anotlun-  , 
piece  of  evidence  tliat  will  forfify  that  lK}ok  to  > 
be  true,  as  to  ihe  fouiiihilioii  "fit ;  that  such  a  | 
loas^  was  then  made  a^  iIk;  l):H»k  sa\  s  :  loi-  we  ; 
have  a  kind  of  particular,  or  ('ataloguc  or  ovi-  | 
dences  of  the  dian  and  cii.iptci-.  Il  is  uii  an-  j 
cient  writing.  And  in  this  llnfix;  is  mention  I 
particularly  made  cf  a  Uixsv  iiuidi:  iu  6  H.  <{.  j 
Prav,  Sir.  look  upr>ii  llsiit.  (;nd  i^\\c  uu  accoiuU 
4>fitl 


Soeneer.  I  have  seen  this  among  the  rest 
of  the  evidences  of  the  dean  and  chuter  oi 
P^'s. 

Alt.  Geh,  How  lon^  ago  ? 

Spencer.  I  cannot  directly  tdk. 

Air.  Follexfen,  How  long  do  you  think,  opon 
your  oath  ?^ Spencer.  Two  years  ago.   . 

Att.  Gen,  That  is  since  this  contest. 

L.  C.  J.  Ay,  tliat  is  a  little  too  lately  for  an 
ancient  writing. 

Serj.  Lutwkh,  *Did  you  see  it  bofiire  Mr 
Neale  or  Mr.  Baron  onfercd  a  search  there. 

Spencer.  I  cannot  say  particularly  I  did :  1 
have  seen  this  pa]ier 

All.  Gen.  Paper,  man  ?  It  is  a  parchment, 
prythee  mind  what  thou  sayst :  How  long  is 
it  since  yon  first  saw  that  parchment  ? 

Spencer.  I  believe  I  have  seen  it  this  sefen 
years ;  but  not  that  I  can  swear  to  hare  taken 
any  particular  notice  of  it. 

Alt.  Gen.  Where  did  you  see  it  first,  upon 
your  oath  ? 

Spencer,  Among  the  rest  of  the  deeds  tad 
eviclences  that  belong  to  the  dean  and  chapter 
of  Paul's. 

Alt.  Gen.  Upon  what  occasion  did  you  take 
take  notice  of  it  first? 

Spencer,  Upon  searching  among  the  writ* 
ings. 

^  Att,  Gen.  Who  did  search  witli  vou  at  that 
time,  upon  your  oath  ?^Spencer,  Mr.  Porter. 

L.  C.  J.  Read  it. 

Att,  Gen.  Was  it  delivered  to  Mr.  Nctle 
before  it  was  brought  hitlier  ? 

Spencer.  It  is  brought  here  now  among  the 
dean's  other  writings,  we. never  use  to  deliver 
any  <>nt. 

CVe/V^reada;.]  This  is  dated  *'  2  Eli/.  1559. 
Books  andpther  writings  appertaining.*' 

Serj.  Slrineer,  Now  %ve  will  read  the  lease 
to  Marccllusllall;  wherein  this  is  redted  to 
Ikivi*  boon  made. 

(The  lease  in  tlio  book  was  read,  dated  23 
Feb.  5  Kd.  (3,  ioi  fivc-and-lorty  years  at  \0L 
rent.) 

Serj.  Si  ringer,  Thui  the  ncj&t  lease  is  it 
'i  auif  3  Phil,  and  Mar.     [Which  was  read.] 

10th  Doc.  '2  and  3  IMiil.  and  Mar.  from  deal 
Krckiiani  to  31arcclhis  Hall  lor  ninety  yean 
iVoni  Michaelmas  bdbrc. 

Atf.  a  en.  There  is  a  licence  to  alter  the  mi1l| 
which  wo  shall  prove  he  utWr wards  did. 

Scrj.  Sfnit;;cr.  Your  lordship  ulisepres  bcie 
were  grounds  and  several  houses  at  this  time 
h.'tt,  wiih  the  iiiiil  and  ponds,  and  ditches  tura- 
ccive  ihe  watiT.  A  iter  this,  Marcellus  Hall 
ossigncil  V)  .Adiiaii  .Moor;  he  in  the  year 
1618,  de\iseih  it  to  Lis  wife  Mary  M«»er;  aai 
in  l(j30,  hhii  ^urrl?lidt  rs,  and  hath  a  \ie\f  l«aat 
for  lives. 

Att,  Gen.  Shew  your  assignments,  Mr.  Set* 
jeunt,  from  3Iarcelhis  Hall. 

Serj.  Stringer.  That  we  caimot  do,  nor  Vfti 
we  ;  li>r  we  are  not  to  derive  our  title  that  wayi 
but  the  church  title  is  ours.  We  will  slie^. 
yuu  dean  Donne's  lease  to  Mary  Moor,  npM 
Ji'jr  sunoiidcr. 


i61]   STATE  TKIALS,  36  Charles  II.  l684.— >r  great  Part  of  Shadwell.    [562 

[Which  Letse,  dated  14  May,  1630.  6  Car.  1. 
for  thrae  Ufea,  at  10/.  6cc.  was  reud.] 


8eij.  Strineer.  Then  Mary  Moor,  six  years 
after,  surreiufera  tliis  lease,  anil  takes  a  new 
Iciie  for  three  Ufcs  in  I>can  Winiieif -s  time,  at 
10/.  a  year  rent,  aiid  40s.  increase. 

[Which  Lease  dated  5  Aug.   1636.  6  Car.  1, 
was  read.] 

Tktn  another  l..ease  dutc<1  .5  March,  1640, 
16Car.  l,bv  dcau  ^\  inocfl'to  ^3allluel|Whitwick 
nlJohn  Hintcrliarn,  at  10/.  the  ancient  rent, 
40i.  faeibre  increased,  and  4/.  more  now  in- 
creased. 

Seij.  Strifiger.  Tims  fhr  it  stood  upon  leases 
fir  Urea :  tlii«  \esav  continued  till  1669,  till  Mr. 
Node  bought  this  land,  and  then  liu  reii<'wed 
afimn  die  now  archbishop,  then  d-.*an  San- 
cnA,  who  raised  the  rent  to  HOi.  during  the 
ifeof  Preok,  who  was  the  sui-viviug  life,  and 
to  100/.  aOer. 

[Which  Lease,  dated  12   July,  «1  Car.  2, 
1669,  was  read.] 

8ei}.  Stri/ificr.  \Vc  have  hrouf^ht  it  home 
MV,  my  loni,  to  ilie  lessor  of  the  plaintifl': 
6r  we  have  sUaw  n  this  lease  was  surrendered 
todeu  Sciltinf^rncot;  and  thereupon  he  made 
tleneiD  Gan^nl  and  Cratford,  which  we  have 
pRan  account  ufliefore.  And  so  we  have 
Aeviaiurcessinn  of  leases  from  tlie  church, 
tenOodd  venrs. 

LCJ.  the  last  lease  Is  at  the  rent  of  240/. 
«jeir»Ithiuk. 
faj.  Stringer,  Yes,  my  lord. 
fiStfj.  MattuuriL  Ha\e  you  done,  gentlemen  ? 
fierj.  Strinj:ir.  Ws,  ive  have,  till  you  give 
Bftrther  occa*-'Ion,  brutlier. 
fieg.  Matfnard.    Tlicn  may  it  please  your 
ff    hnl3hip,andyou{^entleuien  of  the  jury.  I  aiu 
M    rfeoonsel  in  this  rause  for  the  deffmlunt,  my 
I    h^  fry.    The  plaintiffs  have  ifivcn  you  u 
MKofetidencc  ihv  a  title;  but  the  truth  of  it 
iiiU  that  they  say  uill  not  make  a  cmiclusinn 
Wh  as  they  would  ha\-e  from  their  premises  : 
&raD  that  they  have  proved,  is,  that  the  dtiius 
tf  Bui's,  successively  om*  af^T  another,  hii\e 
■ie  leases.    Tliey  did  in  the  bcji^innin;^  tell 
fM,they  had  bad  thislaiid  hundre<is  of  years  : 
M  what  have  they  had  ?    and   m  hat  leases 
kifetlii»y  made?  But  only  a  mill,  a  bakehouse,  I 
ifevogb  of  lead,  and  all  houses,  lands  meadows  | 
■4  fasturrs  thereto  beU>ng[in<c.      We  do  not 
4ay  but  tliat  they  are  to  have  a  mill ;  their  ! 
hware  also,  even  the  new  ones  do  mostly  j 
Hnr  the  track  and  woitls  tliat  tvcre  used  in  | 
{■B  Hary  and    IK-ury   the  eighth's  times.  ■ 
■there  is  the  truth  oVour  case:  That  the  I 
^aod  chajiter  hail  a  mill,  we  ajEprce ;  nay,  i 
■w  than  that,   we    agree    that  they  have 

teacn.•s  that  lie  on  tlie  North  side  of 
high -way ;  and  ahw  that  they  have 
Vkrp«Gelofland,calfcdtheL;y'nches.  That 
kbanr  be  nodentood,  we  now  crave  leave 


I 


to  the  court  vA  the  jury. 


Serj.  Stringer,  And  we  desire  ours  may  1m 
seen  tooi. 

Just.  WUh^ns.  Aye,  deliver  in  your  mapa, 
this  is  the  only  fit  place  for  them.  (Which 
was  done  on  both  sides.) 

Serj.  Matfnard.  Then,  my  lord,  I  will  goon. 
We  agree,  i  say,  they  had  a  mill,  uliich  is 
now  taken  down  and  nut  in  another  place : 
we  shall  shew  theiu  wnere  it  did  stand,  and 
that  was  no  part  of  the  land  now  in  question. 
The  jury  liave  seen  tlie  place,  and  I  hope  hav« 
had  a  satisiactory  view  oi'  it.  There  was 
once  a  mill  standmg,  and  thei-e  was  once  a 
pond,  but  that  mill  and  pond  do  stand  else- 
whei-e.  The  land  in  question,  we  say,  was 
anciently  mai-sh  ground,  and  subject  to  the 
overflowing  of  the  water,  and  it  is  so  to  this  day. 
In  II.  Qth's  time,  it  was,  by  one  Vanderdelf,  a , 
Dutch mun,  drained.  This  by  act  ot  parlia-  ' 
nif-nt,  iUchard  Hill  was  made  owner  of,  and  he 
conveyed  it  to  ^tcpldus,  who  v/as  the  defcn- 
dunrs  suiccstor,  and  whose  heir  she  is.  And 
the  hounduint'S  are  uct  dowu  in  that,  and  the 
siiLst  qui-nt  conveyances,  which  cannot  possibly 
stand  \\  ith  those  that  their  mill  is  said  to  stand 
in.  We  shall  shew  l.y  several  reconls  the 
queen  had  a  title  to  it  by  a  conveyance  in  way 
of  mortgage- toiler-;  and  this  ut\erwards  was 
conveyed  back  again  to  the  ancestor  of  my 
lady  fvy.  We  yield  they  hati  a  mill,  and  they 
have  increa.sc<!  the  rent  sutliricnily  upon  it, 
not  to  need  other  men's  land.  They  hava 
hnuses  built  upon  it.  1  know  not  indeed  how 
much,  hut  I  think  it  is  near  l,fH)0/.  ayeartliot 
it\iclds  to  tiicm.  If  then  we  can  demon- 
strati  I  ciy  shew  you  where  our  ground  is,  and 
tviici  I  cticirs  is,  and  if  we  affirm  our  title  by 
roiii.ils  and  good  oonveyaucx's  ;  then  by  a  pre- 
tence to  a  miri,  I  hope  they  shall  not  griuil  us, 
or  -Uike  awa}'  all  our  Innd. 

Alt,  ijin.  My  lord,  and  gentlemen  of  the 
jury,  1  crave  leave  to  answer  the  evidence  that 
iias  b(^'n  ufiven,  before  I  enter  upon  our  title. 
They  have  spent  a  ^rcat  deal  of  time  to  derive 
tloun  a  title  to  the  dean  and  chapter  of  Pauls, 
to  a  mill,  a  huke-hduse,  and  some;  little  ground 
thereto  Jjclonuiug.  And  truly,  as  ^\i.  Serjeant 
Siivs,  no  man  e\er  questioned  the  dean  and 
chapter  fur  their  mill,  and  bake-house,  ami 
leaden  trough.  But  the  tiling  in  question  is, 
seven  acres  and  an  half  oi  land,  which  in  the 
memory  of  man  was  marsh- ground  ;  if  you 
observed  it.  Caeiitlemcn,  upon  the  view  how  it 
li(  s,  you  know  the  Nortii  iNnind  is  the  dean's 
Lynches,  the  South  hound  is  the  Thames  Wall« 
the  West  bound  Foxe's-lane,  and  the  Kast 
bound  is  the  hilly  ground  that  Ls  calle«l  Cock- 
hill.  And  we  sity  as  to  all  this  lanil,  it  is  none 
of  the  dean  ami  chapter's,  nor  ever  did  pass, 
or  was  enjoyed  by  this  lease;  but  we  shall 
shew  you  it  was  under  another  lease,  i  must 
observe,  that  it  is  very  strange  «|M)n  their  own 
evidence,  that  a  mill,  cum  Fcrtinaitiis,  should 
pass  se^'en  acres  of  ground  ;  and  a  mill  tliat 
was  demolished  so  long  a^o  as  in  queen  Mary's 
time,  (for  so  we  shall  plainly  ihew  you  it  was) 
20       . 


I 


I 


568J         STATE  1 KIAL5, 36  C«  a bles  U.  I  M4^Thi  Lad^  tp/i  Tn4t, 


and  llMrt  tbeie  tutids,  couUiiningr  ^  couaidenihle 
«  Tweoiie,  ihould  not  have  a  survev  tikea  of 
tUeiu,  or  0  botiudirj  miufo  of  the  isnd,  that 
they  ttiiglu  know  What  was  theirs,  and  ivhat 
their  neighbours*  For  yom  lordship  and  the 
jury  may  ohaerYc,  in  all  the  leases  and  convey - 
amoes  dun-n  to  this  timef  in  Dean  CoUet's  t*3ase, 
Mill  iHiward,  there  wnn  nothing  mentioned  but 
^  tntU  with  the  nppurtenanctfS,  or  a  tenement 
wHli  the  ajjpurtenance^.  But  they  haTe  not  one 
fixed  boiuidary  of  their  hinds ;  and  rt^alty  it 
Otftnol  lie  presumed  the  dean  and  chapter  should 
he  se  ignorant,  BesiU«*s,  in  the  ancienl  lease 
tlial  Uiey  produced  of  Ed.  6iWs  timCf  there  was 
«  co^eDaul  to  pay  theijuit^reni,  as  for  lands 
hoiden  of  the  inaTior  of  Stepney .  And  we  diil 
ex|M!Ct  that  they  would  have  brought  »ome  of 
liie  tMi  iind  recurdii  of  that  manor  ;  agd  out  of 
sonsesurtreVt  there  remmniaif,  would  have  gireu 
a  particular  tesiimonv  'jf  what  lands  heloug"  lo 
Ibe  disan,  and  wliAt  'Ao  not     But  in  truth,  we 


A^  this  i»  properly  mnrsh-land  ;  for  that  wil 
St  your  qwcHtioD,  tfentkun^ii,  tb»t 


tfentkun^ii 
try>   I   believT,  at  last  ;  «l>i  * 
dcres,  thus  huumled  on  Fox 
the  Thames,  .South  ;  on  iht  miu 
Cock-hill,  or   Mill-ditch,    LIjks! 


you  are  lo 

'    .a  iiC'Teu 

est ;  *Mt 

ivay,  called 

auJ  on  iUc 


I  and  L-bupler^s  Lynohc?^  North,  hemarsli- 
1  ?  The  dran   and   chaptei-  Imve  ^iven 
I  of  some  h-asf's,  wliich  upon  the  siii- 
t«ider»  wcr*^  dcUvcrcd  up  to  tlu'^it ;  but  t! 
ire  oone  pftHJueed^  they  only  read  the  em 
in  then*  booLi.     Now  we  shail  demonstrate  i  Uvi 
tbia  mill  of  thein^  ^vrs  mi  owrsbnt  tuiU  ;  f^ 
there 
Hrhicb 


the  ihinlpai-cel,  and  that  only  cancemi 
eocjuire  of,  whetlier  tltese  seven  acre*  I 
half  be  parcel  of  that  ?  And  that  is  ite^fcrtbed  M 
the  record  to  be  a  tenement,  called  Denkl- 
hills,  which  is  a  bak^hous^i  with  a  mil),  and 
the  leaden  trough,  the  appurtenances  of  the 
mill,  at  the  rent  of  Sts.  and  4d,  Tb»r  are  ill 
the  parcels  named  of  the  dean  a»d  chaptrr*^ 
lands.     And  at  the  last  trial  xvf  ^  ^m* 

duccd  the  d*jed  of  purchase,  w  li  ww 

coofcyed  to  the  dean,  which  I  uuiuk  wa»  ia 
H.  3ril'9  time,  it  yielded  but  3t,  a  y<tr  in  ib^ 
whoh%  and  now  in  tin-  -  *  *  't»rnc  to  90001  a 
year,  without  this  gv*  xrhifjb  ibeir  i»* 

tend  no%?,  if 'i*'*^  '  >",  i  .  ..  ^  up.  Atidao* 
as  to  Ibis  \r  «<  y  cau  claim  ia  but  a  mill, 

and  in  the  i  lh*  it  is  a  house  where  tb« 

mill  stood,  and  diat  we  shall  shew  bv  reeordfl 
where  it  stood  ;  and  it  is  wid  to  Iw  called  Der* 
rick-hills,  and  situate  od  the  Eact  endof  tha 
marsh  now  in  question*  And  to  gii  %  Hff 
tarthrr  we  fiball  shew  that  tliif  waa  altereil  ia 
qtieen  Mary*^  tiaie ;  for  in  b  E,  4,  the  book 
wherein  their  kase  1%  makes  mruil  '' 
mill  QA  btandiug;    then  in   10  Hfi* 

Ph.  and  M.  there  is  ?i  kind  of 

uc  ghull  by  our  evidt-utje  ui> 


hjU  la  Juini  Carler,  «>ur-muker.     *4'het« 
thtit  place,  at  ttiia  day,  lauds  and  h 
mention  tnadc   of  n  leaden  tvoug^h,  (  jncld  the  dcau  anti  chapter  im  Imnd*^ 
is  the  only   propf'r   instrunit^nt  of  an     a-year,   distint?!  from  the  lA*Tiohe«   aiid 


ii»tawliot--mill      ThtrHbvc  we  wdl  first  settle  [  North  grodnd  of  IIn 
(beCBOse  they   tliPmstlvos  will  not)   what   i^ 
ibeiiBI  and  then  we  do u lit  not  to  cfive  you  i^a* 
tia&ction  tltat  this  wub  never  uny  of  theirs,  but 
^e  undoubted  mhentauce  of  th(*8tepkins  :  and 
not  a'  toot  of  it  bplofij^s  u>  any  other  man  li*  lu*^. 
But  further,  since  they  nilf  not,  we  shall  pro- 
duce a  piece  of  e>idcnce»  it  hlch  indeed  we  miii<t 
thank  3Ir.  Neole  lur  ;  for  he  blublumr  it  alHuii 
flm  he  hail  a  survey  of  the  manor  of  Stepner, 
fHiifih  wootd  do  our  work,  put  im  tipon  seared- 
iRir  there  for  it ;  and  we  have  it  ht*ra;  atid 
mre  you  will  hud  a  p&riicnbr  of  all  the  dean'.^ 
lands,  waOkit  3df.  and  Ad,  quit- rent.     And  the 
partjcttiof*  are  thus  de^riljcd  in  that  book, 
(which  shews  that  there  was  a  leneuifiit  tlial 
ftood  by  the  mrll^  iindlbat  paid  aquit-teiit,  and 
Ibe  other  lands  came  under  that  qui* -rent) 
TwfAty  acres,  caUeil  Sbadwcll  field,  that  lieth 
•n  the  U<:«rth-side  of  lliiteUnrhig^h-way,  known 
at  this  day  j  ond  all  tl)i«  piece  of  ground,  of 
twenty  acrus,   is   built  upon   and  improved; 
which  was  one  fiarl  of  Che  (and  that  came  under 
4  <|uit-rei]t,  but  not  pretetuled  to'be  any  part  of 
this.    The;  next  is  live  aerea  called  the  Lynches  i 
and  it  ap^remrs  by  therMmt!  lo  be  bnt  five  acres, 
iBtl  a<»  it  w  meMred  no  w .     HaiclifT  h  t^  -  way 
fneltt  OD  the  hipof  the  hrll,  aiKl  this  is  called  the 
*  y«Kh-wmy,  notifuftwved  onr  built  upon  ?  «nd 

■Hiy  aboiM  tecAnfiiig^la  our  records,  mid 

phem]  by  acres  tu  aa  acre.    Theu  eotites 


a  verr  |fm>d  impr 

bake  IjourMf/dud  a  lrft<i>  ' 

fbf  ilie  wuier.     Now  In 

they  recite  tliat  ibr    -  ' 

keif  ping  up  ;  and  a' 

them  by  tlu*  lease,  . 

null  down  the  mill,  it  tva;*  piitk^d  down 

bfiill  upon,  and  H  came  to  ylc!]  t!iom  lOO^J 

year,  as  it  doth  at  this  day .    *A  i 

rail  witnesiscs  to  m>t  forth,  in 

in  the  East  end  of  Cock-hiJI,  in  ihe  nytii 

mem,  there  was  found  thfe  Hfjor  gf  the  t " 

And  there   are  those   liyUv^    tliat  cati ; 

it     So  we  shall  shew  they  aJ^  ftslih 

^vr'ntfl;'  pool;   they  ha^e  sutficient  to 

their  deed  of  purchase ;  and  iilt  the  et 

that  hath  been  ^ven    you,  will    appeft' 

be  only  to  entertam  the  court  whh  an  Arii«M| 

nothin^f ;  and  to  take  Up  th**  ~ 

shall  go  yet  a  step  fUrlher,  au 

all  peradventure,  that  this  land        ,       u^ 

n>arsh- ground  •  and  the  odier  mde 

mit,  that  if  it  be  morsb-mund,  the 

ehapter  have  nothing^  to  do  with  it,,  ner^l 

tenued  to  a  tbot  of  it,  nor  d«Tih  any  tittle  of  tS 

evidence  mention  m 

ke  will  admit  it  b: 

|rf(»nud  We  Itave  nothing  to  do  \ntlt  iL     '^t 

that,  rttttlenieu,  toii^  gMl  qtttftiOB  il,  W^- 

ther  this  be  martn-^otmd,  or  not?  Aa^f^itm^ 


Wm 


^ 


IfS]    SrArETmkli.t^CumhE^JLi6U^Mgriuirarto/Sl$i^dmlL    [566 


fete* 


^Uieili^n  Will  W  »lioi»ltbe    these  koaes,  10  ^ewed  antl  #¥l»Qded  mM  ^ill^ 


ib»r 


«,  if  oo  ||iif!«tioP|  nor  »» r^  tvus  ui  all  ilic 


lilrl:     Hjid  It 
(V  llf  so  to 

jui>  VI  hu  Imre  seen 

irMli-^rtiiitid,  Miiii  the 

-    "   |*iiive 


c^Mimiisbiori  of  8Cf»ei»,  hail  n  survey  t^Kcn  o4' 
it.     Vl'iv 


4S 

|.Tt 


1,  ivhw  iiiiii  liruined  it, 

lipve  nnr   f:n!r;  anJ 

I  hinn 

1  p?ir- 


anrr 

d^     be    iitwi    tuiicu    this   iov!j^ 
f^ykiam,  3C4|i  N^iv,  '/  hdc)  3  Plitl. 
Ml  dnn&ir  tM*  UntJ  in  ipir^iou 

IV 


I     jvasn.-    ill 

iliai  for  :i4 

tlit^  Ukiin. 


jf  the  l«uds  JQ 
he  iKHiniis  they 
aiiM  iiuH  uJii»  iU  UJiie, 
So  the  tmWet  hud  nokv 


i 


iiib«(ai4 


^    the 

Hufl 

tcwsF  tVom 

and  i^lurVi 

U^  RichaVci 

•flinll  •iht^w  thut 

hard 


Jcihu  Mild 


t  he- 

I  in  of 

UUt^uU:ki4udtng 


.  ud*T  all  thcit 
t*^Uar!*  iin;  oveHluwii)«  1  think  lh<iti  you  V^itt 
auike  III*  donht,  Hhtthfirlhisbeour  knd  w  oO» 
And  to  |irfic«;ed  iu  this  order  that  I  bare  o»en- 
rd,  M  *"  will  Hrat  shewr  yovi  4he  surfcy.    Ttierc 

Hii  J  I  lbrLfot'»lKAit  tJie  11  ^cr^ 

-r.     What  is  it  you  t^  first, 
H'\r  r 

L*  C.  X    What  do  you  begin  Brilb,  Jlr.  At- 
torney ? 

Alt,  Grn.  Your  lanbhij*  observe*  tl»oy  «hi 
n  lea»e  tVoiii  deno  r^kn^H*  thr  liUh  & 
2  and  a  of  Ph,  ami  M.N  e  atnd 

Dec.  in  tbesamey^ar,  Mre^hai  rn<HiHii» 

Haltf  by  tea^  to  Cnrter,  buu^  tt  Mpuu  iW  ra^ 
sidevf  the  tudk 

i^.CX    1  took  the  notes  th«  la^t  time  ^T 
)our  evidence,  and  it  l>ej^ii  iu  11,  8tl«'?i  tuup. 

vl/^.  Gom.    My  Jord,  nbeu  we  '  <ir 

title,  we  shttll  g-o  op  in  the  same  '•« 

difl  ebeti ;  hut  now  we  are  oid}  shc^>  m^  wur^ 
the  Ian  1 1^9  «j^. 

L.  C.  /.    Go  your  ovn  way . 

CVrr  A  readii,— •  This  iud'cuture,  miHic  the 

*  23 ud  day  of  Det"«einbi.T,  iu  the  s*.<  uuu  ,*tid 
'  iUiid  years  of  the  relets  of  ou:  n 
'  In  id  a  lid  lady  Fhihp  mid  Miuy,  l>                 '  « 

kinjj  uud  i|ueen  of  Jmil.  ii^i,  >  p^^^i, 

,  both  thcSioiheii,  Jeru^ul.. .jk  iM'I  ite- 

'  itftiidi  <ietSBUikr!>  ul*  the  Jiutht  aich- dukes  ff 

*  Ausitria,  dukes  of  liur^ndy,   Millniti    aod 

*  Brabant;  couui^of  llaiipuJic*  Yh 

*  Tyrol! ;  bftween  Murcellus  H»M 
'  rmllcr,  of  tin  '    ^  ' 
^  fiaiiliffe,  *»  i 
^  other  [liiil ;  1^  uiiL>ii  iu,    i  ti 

*  C«lhi9  Hiill   bath  dciiiiscii, 


nd 


'  Jbrm  b'«»   '«'•'"  '^^ 

*  wSiiU-1  ] 

*  »>to<>th  I 

*  weit  upon  the  ea 
^  the  mill* dam,  rei 

'  30  IcHit ;  and  tk-oiii 


(Ttuntvd^  and  |o 

ui  laiin  r«riei    t^Mit  his 

^e  mill 

>»ll  ttK£ 

i^  alias 

liiki  iHulU-t.aa  uuruor  of 
the  said  luiU'dani,  southward  to  the  rtv»fr  of 

*  Tliames.  20  foot ;  to  have  and  to  hold  all  and 
'^  wbniu  thti  said  wharf^  as  iw  before  specifiedt 

*  with  all  commodities  and  pi"  f      '    '     u'lng  to 

*  the  same«  to  the  said  Join  w  hi« 

*  heirs,  rxeculnrs,  -    '        -    -  c  f«Aft 

*  ofHt.  Mary  the  V  dbw- 

*  in^  the  dale  of  thi-,.    j^.^  ......   «-       iii«i«*lli 

'  and  lei  iti  of  3u  \  eart — ^ 

L.  C.  X  Tluakasc  waa  read  ih*  l;*>ttiiii«* 
Her^,  Stringer*  Yc«,it  wa^  '- 

Clrrk  rc^ds.) ^  i»  h  ^>pl<^te 

*  ond  ended >  vu^lditig'  ami  payio^^  i  ^r 

*  ihi^  same,  unto  tlie  said  Marcelli  ■"* 
'  h«iri,  extieutorni  and  a^aigoa,  tetiaLtiUt^  iti 


STATE  TRI/O-S,  36  OHABtBft  IT.  l684,— TTle  Lady  Ivfs  Tr'mt, 


'  lawful  money  of  England  yearly;  that  is  to 
*  jiay,  at  the  feast  of  Uie  annuncirilion  of  8t. 
^  Mavy  tbe  Vir^-in.     And  if  it  lia|i]K'n  tlie  said 
rent  to  hv.  t>etiitid  &nd  unpaid  at  the  said  feast, 
^\n  part  or  10  all,  by  the  soact>  of  one  fortnight, 
^  and  lawfully  asked  of  tne  said  John  Carter, 
-^  his  executor,  nod  assigns,  then   it  shall  be 
^  laufiil  to  the  said  Mareellus  Hall,  hia  hcirs^ 
executor*,  anil  assigfns,  to  distrain  for  his  said 
^  rent  so  beings  liehiud^  and  tbe  disti-ess  8o  takeu, 
J  to  keej*  HuJil  such  time  as  the  said  rent  with 
the  aneara|ye*,  be  fully  satisfied  and  jiaid.*^ 
X.  C.  J.  For  how  many  years  is  that? 
Aif.  Gen.  Thirty  years,  * 
X.  C  */►  What  is  demised  by  this  lease? 
Ati.  Gtn,  Read  the  particulars  ai*;aiiK 
Sir  X  7Vn>ur.    My  lord,  we  would  gladly 
Itfitfw  where  they  hud  this  lease,  that  so  it  may 
ap|»ear  whence  it  came ;  for  we  know  they  hare 
an  excellent  art  at  dodin^  out  of  deeds. 

L.  C.  J   Ay,  cximc,  shew  wbei-e  you  had  it, 
I  me  see  il. 

Gen.  We  did  produce  it  at  the  last  trial, 
'^and  at  the  tirst  to<i. 

L.  C.  X    But  that  this  jury  knmrs  nothlnjj 
f,  and  tdey  call  for  some  account' of  it  on  the 
her  side/ 

Att.  Gtn^   Mr.  Kuowles,  do  you  know  any 
tim|4f    of  that  deed?    When  did  vou   1iff»t 
it^ 

Wiliiams,  And  where  had  you  it? 
fo'/ri.    My  lortK  I  hiid  it  in  a  garret,  in  a 
I  of  a  nook',  about  sijt  foot  lon^y,  and  three 
ot  and  a  half  wide,  in  my  own  boiise^  m  the 
garref  atnontf  other  writings. 

L.  C.  X  How  came  you  t<ihave  them? 
Kvotrtts,  As  I  was  executor  to  Winlerbnrn. 
Mr,  Ponis.    Fray,  Mr,  Kmmles,  will  you 
"  what  occasion  you  looked  there  aud 

,n? 
-  ,^.  .4iii  Pcfnbertm,    Ay,  pray  gpve  an  ac- 
ornitof  tbe  whole. 
Knowic^.   My  lord,  ap*>n  the  2«1  of  Au^st, 
3d82,  wmsthc  first  time  I  evt^r  saw  my  lady 
Iry  to  tny  knowledge  \  and  she  was  informed 
bvone  Mr*  Vicarer,  that  I  had  ^r-vernl  wril^ni^^ 
Jof  Winterbum*s;    I  told  her  I   hs*d  so^  and  loy 
llndy  desired  me  to  search  amonc^them,  ifiliere 
FVere  aoy  wniintrs  that  eoncemeil  Kte|»kujs*s 
•estate;   1  tolrl  her  it  would  take  up  a  month's 
{ time  to  look  ali  thecn  over,  for  there  vtms  u  vfreat 
Itily  of  them.     She  said,  I  would  do  her 
^  eat  kinducj^s,  if  I  would  look  ;   I  promised 
r  I  would  :  and  upfin  tliefouilh  ol'S<?piember, 
\  think  1  limnd  the  deed, 
X.  C'.  X  How  wa&  W  interburn  concorucd  ? 
Atr,  Gffi,    T\wy  have  shewn  that  lie  was 
^•wner  of  the  land  once^ 

Mr  Wiiiiamg.   Did  you  crer  read  utot  that 
'lease? 

X  C.  X  1  ask  yon  n^ini  how  was'AVinlcr- 
Irtirn  eoneemed  3* 

Knoiku,  He  wan  pnrU>er  with  Wright,  who 
^fold  ihe  estate  to  Mi    \eale. 


Att.  Cm.  But  pray,  Mr.  Kiiowto,  idt  t 
were  these  wntings  erer  shewn  to  Mr.  NcakI 
Kmmicj.  In  tbe  year  1669,  when  BIr.  Net' 
bought  this  estate  of  my  imcle  Wrig|it,| 
wri tinted  were  all  to  he  looked  over  ;  and  ttpm 
Mr,  S^eale'*!  request,  oU  the  wniiiiirs  w^tt  »iit 
to  his  counsel,  a  g^eutleman  in  ^  's  aoe 

Ca^"",  I  think  bi^i  name  was,  ot  jg^Hke 

it ;  and  there  they  were  lefH  thrcj^  Hioniha,  ml 
1  believe  in  my  soul  that  deed  wai  tioM^ 
them, 
Jtt,  Gen.  Were  they  brought  batsk  again? 

Knorcki.  There  were  two  hnmjxrrs  broti^t 
back. 

Ati,  Gen,  ilad  ymi  uny  discoutse  with  Mr. 
Ncidc  abtjut  this  business  ? 

Kntfwiti,  ]  Wits  arrested  tmnu  hi^i  account  bi 
an  airtiao  of 3000/.  and  ti  .  aiteriani 

and  ^ot  mo  otf  from  that  nntltoUiBC, 

Mr»  Knowlcs,  I  am  sorry  you  war*  trrald 
upon  my  account,    ^o  am  J  too,  Bir,  iii&il  1  \ 
!^id  bej  J  do  benere  really  yoti  found  Ikf 
dee*\j  I  did  so,  ^ir,  iuiid  I  :*but  ^ays  be,  ffif 
will  you  answer  me  one  f\\u 
That  1  w  ill,  two  or  three,  tf  I 
iays  he,  did  not  my  lady  Ivy,  ^ 
foist  tbe  deed  into  your  bou:-.c  ?   ^l 
before  ercr  1  saw  either  of  ihem. 
that  deed.    Then  I  am  undone^  sut 

Mr.    WUtiams,    Who  was  bv 
thfs  discourse  past  between  \f}- 

Knorjffs.  There  was  none  I ti 

Mr.  Wtihatffs,  It  Mas  at  tbe  tarcnt;  Mr. 
Neale,  I  suppose^  will  not  deny  this, 

L,  a  X  Will  he  not?  Will  you  Uke  bi* 
word  for  it  ? 

Knoutfi.  I  do  say,  I  found  that  deed  tl^ivf 

X-  C  J.  Read  if ;  read  the  demise.  K  ( 
Mr.  Koowl<lk,  let  me  ask  you  a  cpieftmo  «rt 
two:  as  1  understoofl,  you  said  my  liidv  I7 
desired  you  to  fpok  among  Wmtcr burn's  wrt* 
ing>,  thf  deeds  that  ooncertied  Sicpkins**  a* 
tate? — Knmrlfs,   Yes,  my  lord, 

X.  C.  X  Where  was  that? 

KnouUs.  Thai  m  as  at  her  home. 

L.  C.  X  And  when  did  you  find  tbisdcf<I? 

Kftwries.  I  found  the  deed  in  8ep1(;fnbfrt 
before  auy  body  came  to  look  with  me,  w  p»* 
in  Ihe  place  wil'h  me, 

X,  C.  J  H'us  thcie  any  Iwdy  with  y^^f 
when  vou  found  the  deed?— KhuuYn,  So, 

L  t.  J,  Then  you  luund  it  yourself? 

Knort^ltn,  Yes. 

X.  C  X  Did  you  read  it  ? 

huvu  its  I  did  the  outride ;  what  ims  1 000* 
Ceroed  further  ? 

L.  C.  X  Nay,  do  not  bi^  angrv ;  whfo  iJii* 
art  mf»steahn,  thou  (^penkeiit  so  f;i&t  «i  man  can 
scarce  understand  thee;  answer  myqiW^W 


Snt.  Gnu    (I' 
fto  Neale,  Witi 
hia  executor,  tmu  \ 


lineli)  WrJg'bt  sold  it 
1,  Mid  thift  mnn  was 
eamtito  lU«  W1  itinj^n. 


Scijf: 


M  L 


fairly : 
yau  read  ? 


i?ay  you  read  it,  what  pariwai*^ 


Kttowfts,  Tile  backside,  the  outside 
Mr.  Wiiiitufii,   Tliere 


Doihi 


ing 


wntup 


the  outside. 

X.  C  X  How  did  > 
the  outside,  ibnt  it  coiii. 

Kncuks,   I  o«ly  read  i^iepKUi^  /•  i^an 


i] .  STATE  TRULS,  36  Ctt  Aries  IT.  l6S4,— /<r  great  Port  of  ShadmiL    [570 


,  C  J,  Slef>kiji9*s  name,  you  say  ? 
tnotrlcs.  Wlmi  d€ed  da  you  ask  me  upon  ? 
C.  X  That  dc€d,  tlie  oul^  deed  you  have 
I  hen?.     What  is  v<Mir  chnstian  name  f 
tnintiles^  Stephen  Knowleff. 
|X.  C  i.    If  I  niistook  you,  I  Uej^  your  par- 
our  question  is  cancerniog^  this  very  deed 

<£li»»itri  f,>  you. 

f  I  !  thougfht  you  had  meant  the  lease 

Cl  J.  VVell  lhen»  let  that  pass  for  a  rais- 
;  I  wo  id  r  I  know  ol'  y"ii  ooiv  something 
'Cfmccminaj  this  deed.  Louk  upon  it — (which 
lie  did) — upon  your  oath,  when  saw  you  tliat 
deed  first  ? 

Kmrnle*  I  eannol  suiy  what  day  it  wtkn. 
L.  V.  X  But,  look  you,  if  I  mistook  you 
not  (if  I  did,  I  u«sk  your  pardon  again),  did  not 
you  tay  you  found  that  very  deed  atnong-  a 
great  many  other  writing  ot  Winterburn'R^  in 
om,  w>  many  foyt  lonj*,  and  so  many  foot 
?,  in  your  ^jarret  ?  Did  not  you  say,  that 
von  saw  my  lady  Ivy  first,  upon  the 
-t,  1082,  thai  you  Vounil  that  deed 
I  following'?  And  did  not  you  tell 
von  did  beUeve,  in  your  coufciencc, 
file  yeiir  lt>69,  Mr*  Neale  had  this 
I  oifiori'j^  olhei-s,  sent  to  the  cbiimber  of 
Igentlcman  in  Grays -inn  ;  that  they  re^ 
th«fre  thret*  montlis,  and  then  were 
kroogiit  back  again  to  you  ;  and  you  beUerc  in 
yiMir  conscience  this  vtas  onii  of  them  ?  And 
did  oot  yousay>  when  I  asked  you,  iiow  you 
rltnow  this  heloufred  lo  my  lady  Ivy  f 
d,  bei7anse  my  hidy  Ivy  had  s(»oke  to 
[look  if  there  %vas  nny  thing  belong-in^ 
LfRBf  and  you  read  the  outside  of  the 
nd  found  Srepkins*s  name,  and  so  you 
^w  it  to  concern  her  ?  Did  not  you  say  ail 
\? — Knau^ffs.  I  heheve  1  did. 
t*  C.  /.  Now  tell  me  then  by  the  outside  of 
t  d4^,  how  thou  canst  tell  that  it  belonged 
1 8t«^pkins  ?  For  if  thou  canst^  thou  art  more 
crufty  thiui  any  body  her  a,  1  believe. 
iKmitles.  I  th ought  it  had  been  the  long 

e,  for  that  hns  Si^pkinst  on  the  outside. 
^X.  C.  J.  U  ell,  let  that  p*s  for  a  mistake  ; 
\  imut  now  begin  a^ain  upon  ij  new  matter, 
hen  first  saw  you  that  deed  ? 
hJCiWto/tf.  In  September,  160^. 
iX.  C.  J.  How  do  you  know  that  ? 
iKnd^it't'  I  pttl  »oy  hand  to  ii. 
_r]L*  C.  X    Jiid  >ou  read  the  inside  of  that 

Kttmvhi,     No,  t  did  not* 

C,  J.    liook  you  then,  we  ask  you  how 
t  ome  to  know  it  w&«i  a  deed  btlonti^ing"  to 
■riikitm  1* 

liifttia  la.    I  read  the  backside^  aitd  put  my 

1  lo  it. 

L.  C.  J^  How  ctiinc  you  to  put  your  hand 

l^^.a  ^,.wi ,..  i-Utupn^^  ro8tepkiDs,  when  you 

•  the  d«?ed  ? 

...n  t   liiund  thiu  deed  to  have 

rWfCU  Ufioii  Tt  Marcellus  HalU  I  did  believe  it 

ithin^  that  eoQceroed  th«  Stepkina^s. 
L^^J*  Lei  lis  see  the  deed  now— -(which 


was  done)— You  say  tltat  was  the  rea«0E  upoti 
your  oath  T — Knamht.  Yes,  it  was. 

L.  C.  /,  Then  look  tipou  it  again,  and  do 
not  t*e  surprized^  but  let  us  have  the  truth 
come  out,  m  God^s  name.  Was  that  the  rca* 
son  ?—KnowUs.  It  was,  my  lord* 

L.  C,  J,  I  would  fain  se€  Mr*  Sutlotr,  I 
li  ave  a  question  to  ask  him. 

Att.  Gen.  He  is  here,  my  lord. 

L,  C.  J.  Give  Mr*  Sutton  his  oatl»^(which 
uas  done) — Look  upon  the  outside  of  that 
deed,  and  upon  your  oath  tell  us  whose  hand- 
writing that  is* 

Suttwi.  All  but  the  word  (Lect.)  is  toy  hand- 
writinjtf* 

L.  C,  J.  Are  not  the  words  Marcellns  Hall 
alt  of  your  hand- writing  ? — Sutton,  It  is. 

L,C.J^  Tlien  how  couldst  thou  know  this 
to  belong  to  the  Stcpkins's  hy  the  words  Mar- 
ceUu??  Hall,  when  you  first  dis«!OTei*ed  thii 
deed  in  September,  16^2,  and  you  found  it  by 
younielf,  and  put  your  hand  to  it ;  and  yet 
that  Alarcellus  Hall  be  written  by  Mr.  Hut  ton  ^ 
which  must  be  after  that  time  ? 

Att,  Gen.  He  says  he  knowa  it,  because  he 
put  his  hand  to  it ;  1  auppose  he  read  aomf^- 
wliatof  the  inside. 

£.  C.  /.  He  said  the  backside,  th«  outside  ;* 
iio  did  not  reail  the  inside. 

Att,  Gen.  My  lord,  I  desire  our  efideooi 
may  not  be  anticipated. 

t.  C  J,  Mr,  Attorney^  I  would  not  antici- 
pate your  evidence ;  but  I  must  tell  you  by  tb*? 
way,  your  evidence  anticipate  tllcnm'lves : 
Anfl  this  fellou-,  Knowlej,  wit  hoi  rt  any  moi^e 
ado  J  has  proved  himself  an  errant,  nutm-iuns 
knave.  And  if  your  eTidenee  will  blunder  and 
spoil  themselves,  1  caimt>t  tell  how  to  help  it* 
1  koeWf  as  sorm  as  L  saxv  the  deed,  that  that 
was  Sutton's  hand ;  I  know  his  hand,  as  well 
as  that  you  are  Mr.  Attoniey. 

SoL  Gen.  Pray,   my  lord,  give  me  leave  to  ' 
aak  hrni  a  question,  whtrh  I  hope  may  clear 
nfl  this  matter,  for  it  is  pkiii  the  man  is  mis- 
laken. 

L.  C.  X  Mistaken!  Yes,  I  assure  ymi 
very  grossly.  Ask  him  what  questions  you 
will ;  but  if  he  should  swear  as  b>ng  ar  sir 
John  FaJ»talf  roujjht,  I  would  never  milieve  i 
wonl  Ue  ftays. 

Stil  Gen,  Did  you  look  into  the  mi 'Idle  ofl 
one  of  the  deeds  ? — Knowles,  Yes,  I  did. 

SkiL  Gtn  Can  you  tell  which  you  looked 
into  the  inside  of,  and  which  you  did  mU  P 

Knowles.  The  Iwwe  and  some  others  I  did^ 
but  1  cannot  particularly  tell. 

SoL  Gen.  Then,  my  lord,  here  is  the  ease: 
Here  are  multitudes  of  deeds,  and  a  man  looks 
outhe  insidt' of  some,  and  the  outside  of  others; 
is  it  possible  lor  a  man  to  Rp«-'ak  posiliVely  to 
all  tiie  pai-ticular  deeits,  without  being'  liabfe  to 
mistake  •• 

L.  C.  X    Mr.  Solicitor,  yfm  say  well;  if  he  ] 
had  said,  I    looked  ujwn  the  outiide  of  some^ 
and  the  inside  of  others,  and  wherever  1  saw"  | 
either  on  the  outside,  or  in  the  itiside  the  name  ' 
of  Stepkins,  or  Mvcellus  Hall,  I  laid  them  by» 


»7I]       STATE  TRIALS,  36  Chailes  II.  iSu.^ne  Uiy  It^^  TfM, 


•nd  tbooffbt  ikey  mi^bt  coDcern  my  lady  Ivy ; 
that  had  begi  someUiinpr.  But  when  he  oomes 
to  be  asked  about  this  particular  deed,  and  he 
upon  bia  natb  shall  deriare  tliat  to  be  tlie  rea- 
son why  he  thqugbt  it  belonzed  to  Stcpkina, 
because  of  the  nasue  uf  Marcdlus  Halfon  tlie 
outside^  and  never  reuti  any  part  of  the  inside, 
when  Sutton  swears  Mercellus  Hall  was  wa-it- 
ten  by  him,  what  would  vou  have  a  man  say  ? 

Sot  Gen.  My  lord,  I  nave  but  this  to  «tfy  ; 
if  tliere  ware  never  a  de^d  ilolivcred  by  Knowles 
Id  ray  lady  Ivy,  or  8uiton,  where  iUareellus 
Hall's  name  wns  written  on  the  backside  of  it, 
but  by  Mr.  Suilon  ;  I  cnni'ess  it  were  a  stronir 
objection.  But  where  there  are  other  deeds, 
ami  a  great  many,  a  nun  may  easily  be  mis- 
taken. It  is  impossible  fur  any  mau,  iu  a 
multitude  of  deeds  thai  he  lindii  among  a  ^reat 
parcel,  and  delivers  many  of  them  out,  to  take 
It  upon  his  memory  particulaily,  wh'u^i  he 
looked  on  the  inside  of  and  which  Jie  hH)kod  on 
ihe  backside  or  outsiile  of. 

L.  C.  J.  Did  be  not  give  it  as  a  particular 
reason  of  his  knowiefltfe,  that  they  beloni^ed  to 
i^y  lady  f  vy  ?  For  wherc^ver  he  saw  Marcel  lus 
Hall  or  Stepkius,  he  thought  that  belonged 
to  her. 

Sol,  Gen,  Wherever  he  saw  those  names, 
that  is  either  in  the  inside  or  outside. 

X-  C,  J,  Under  favoiur,  fc^ir,  he  did  not  say 
80 ;  but  positively  said,  he  knew  it  by  that 
name.  And  you  shall  never  argue  me  into  a 
belief,  that  it  is  iropoasibki  for  a  man  to  me  a 
true  reason,  if  he  have  one,  ibr  his  remembrance 
of  a  thing. 

SoL  Gtn.  I  beg  your  pardon,  my  lord  ;  as 
I  appvelu»d  bim,  be  swore  he  looked  into  the 
inside  of  some,  ami  the  outside  of  others,  and 
there  were  a  great  many  of  them. 

L.  C.  J.  And  I  bog  your  pardon,  Mr.  Soli- 
citor, I  know  what  he  swore  as  well  as  any 
body  else  :  if  indeeil  he  had  sworn  cautiously, 
and  with  care,  it  might  have  lieen  taken  for 'a 
slip,  or  a  mistake. 

Att.  Gen.  My  lord,  we  must  leave  it  upon 
its  own  wei(rht ;  but  we  are  not  come  to  our 
title  yet :  1  have  the  deed  in  my  hand,  nhich 
is  a  f  t:ry  old  one,  and  therefore  needs  not  such 
exact  proof,  lie  is  mistaken,  we  do  own  it  ; 
and  I  must  apppiil  to  the  court,  whether  a 
man  may  not  be  inisLikiin  iu  a  great  multitude 
of  deeds. 

L,  C.  J.  Well  now,  after  all  this  is  done,  let 
him  give  an  account  how  he  came  to  know 
this  to  belong  to  Stcpkins,  or  my  lady  Ivy,  if 
he  can.  I  sneak  it  not  to  prejudice  your  cause, 
but  only  to  tnive  the  trntli  come  out.  But  for 
the  witness  that  swears,  it  may  aflect  him  I 
assure  you.  Give  him  the  deed,  and  let  him 
look  upon  it. — I.iOok  upon  tlie  inside,  and  look 
U|>on  the  outside  too. 

Knowles.  I  believe,  my  lord,  upon  better 
consideration,  I  have  read  ihis  deetl  before  now. 

L.  C.  J.  Very  well ;  and  yet  you  swore  the 
contrary  just  now. 

KttukfUs.  1  was  in  a  maae,  my  lord. 

L.  C  i.  1  am  siire  thouantmBt  wildly. 


Sol.  Gen.  Pray  what  de^d  did  yofi  t 
be  at  first  f 
KmmUs.  The  lease  of  ISSyttra. 
X.  C.  J.  Prithee  re^  it  now  to  us. 

Knowles  reads.  This  indcnUire  m 
22tl  day  of  Dec. 

/..  C.  J.  Between  whom  ? 

KnofvUs  reaiis.  *  Bctwceu  MarcelliH 
'  lladcUff,  miller,  of  the  one  part,  4u 
'  Carter,  oar- maker,  of  the  other  pai 

*  uesseth,  that  the  said  Marcellus  Hi 

*  deuiised,  granted,  and  to  farm  letiei 

*  said  John  Carter,   all  that  wharf  1 

*  Radcliflf,  where  late  a  mill  stood,  call 
'  cliff-mill.' 

L.  C.  J.  Can  you  say  you  ever  read  \ 
before  ? — KnoicJes.  I  beheve  I  did. 

L.  C.  /.  When  was  it  ? 

Knotclcs,  J  u  September,  1082. 

L.  C.  J.  Then  you  read  it  beiore  you 
it  to  my  lady  Ivy  ? 

Knowlts.  Ves,  my  lord. 

L.  C.  J.  And  you  foimd  what  the  < 
were  by  readi:!g  i 

Knoicles.  Yen,  my  k>rd. 

L.  C,  J.  Did  you  read  it  through  ? 

Kamcles.  No,  I  did  not,  I  believe. 

h.  C.  J.  How  far  do  you  think  you  i 

Knowles,  As  fiir  as  I  have  read* now 

L.  C.  J.  Did  }  ou  find  any  thiug  thei 
name  of  Stepkius  ? 

KhowUs.  No,  not  iu  that  I  did  not 

L.  C.  J.  I  would  desire  to  koow  of  y 
it  was  that  came  to  my  lady  Ivy,  to  iui 
you  had  such  and  such  wntings  ? 

KnoiL'les.  It  was  one  Mr.  \  icarer, 
trial  that  was  to  have  beep  two  or  tlire 
ago,  at  thu  bar  of  the  Court  of  King' 
here  ;  but  the  cause  did  not  tlien  go  O! 
that  Mr.  V icarer  did  tell  my  lady,  ti 
Knowles  had  a  great  com|)auy  of 
that  were  Wuiterburn*s;  and  she  desi 
that  he  would  please  to  talk  with  me, 
I  could  do  her  any  kindness  or  scrviei 
of  those  deeds.  The  first  time  that  I 
was  the  24l  of  August,  as  near  as  1  can 
ber,  aud  then  I  told  her,  I  was  exe< 
Winterburn,  and  had  a  great  numy  ^ 
Said  she,  do  you  know  the  hand  ol'Sc 
if  you  do,  and  can  find  any  uTitings  th 
to  Stcpkins,  you  will  do  me  a  great  kin 

L.  C.  J.  ])id  she  name  any  body  else 

Knowlea.    She   named  one  Lun, 
Barker,  and  one  Holder,  and  several 
I  do  not  rcmemlKsr  all. 

L,  C.  J.  Was  there  any  mention  i 
one  Collet  l* — Kncmles.  No. 

L.  C.  J.  Was  tliere  of  one  Donne  ? 

Knou'les,  Of  oue  Lun  there  w^^ls. 

L.  C.  J,  Of  one  Fecknam  ? — Knon^U 

L.  C.  J.  Of  one  May  ':*—  Knouies.  f 

L.  C,  J.  One  Joan  Hall  ? — Knowla 

L,  C.  J.  Was  there  any  meutioo  i 
any  Hall  ^-^Knowks.  \ es,  there  was. 

£.  C.J.  What  Hall  did  she  apeak  i 

Knowles.  I  am  not  certain  whether  a 
waa  named  or  no. 


STATE mUIA  36  Charles  H.  i684»— /tr  great  Pdrl  of  ShaiwelL 


[574 


there  it&iiof 
but  mfi  oi  any 


ikpet  so,  Mr.  Attorney.  But 
tk  him  thi«  question  ;  if  thf  re 
««c  no  Vtoili^ti  of  ati}  Hn^'  ^'^'^^  «ir^ine  lou 
11  lii  4i«t  thst  iHn   1c  r  Mot^Wllus 

Kii  li€3tifef  slioiildaffecL    i    ,     i^,  or  my 
Wriryf 

ft^o^lSii.  if y  lord,  I  will  gite  jou  an  ftc- 
MM  of  dm. 

HlMirici,  Tt»i«  itas'at  (he  1if>^l  time  llmt  1 
m^  mfXmdy  I*y,  ihnt  i)iis  disco  tirse  wm  be- 
fno  ^  t IMP,  ttt  anolker 


tt   ^    tiou  iiiui  iid  slie  tell  you 

ifiiffnt? 

Mmiii    '  '- ji.'  i   them  all. 

..C /.  '^  ifc?*  i^roni't (tally  as 

l1«Cli«  .,  '  ^^«^  i»'"   first  lime 

mr  Ki*  ^  then  rHo 

kbtl^m  o4  I  _    fhnt  con- 

^Ifpliim,  iincl  Luu,  and    tinrkcr  ;  and 
(»f»rh  3  rhr.  ihi*  finiitlj  of  Sejit. 
[  :ttlt,  lie  f«i>iui«i  '  Iniir  h*.*  ivifl  not  gwa* 

filftcvaiiat  Hri'  'o  kf^ow,  hy  Hoirs 

SM^tfeftttlitii  I  <kin«.   'l  \tr>ul«l 

liikitfV  i^hm  fj^'tlie  name  uf 

iblMi^ 
Ifwfrf.  It  wftt  fttl  withm  fl  tnont?i*s  time. 
t^d/  Wh'>  '"  timt  sj>«ke  to  you  to 

MVjiMtt  t) 

tmmku  My  *-  jr  .  >  spol<c  m  we  about 
,  hilltMi  1  Kiife  bcr  accnniit  nf  snm^  ifcedfl  1 


'  look  erer  the 
.nrtes, 

:\  ditl  you  j^ivc*  my 
you   bad  futiiid  any 


X 
I. 

\^- 

iiMrlbt.  Ycf ,  t  ^fttre  her  an  ftcOtint  of  the 

\>am^  ittt  year?. 

JL  C:.  J   I  ill!  y  «Mi  find  notbingf  else  b«l  that  ? 

ft..  ^    '-K, 

1  It  did  vouandetfC? 

X^^nii.  :,wvenil :  Y  ctinnot  tn%e  an  account 

L  C.  /.   Did  voo  find  that  lease,  or  tlil« 
Mfctt* 

ni  fimktUmi  Qf  liiieen  dayy  utter 

I'-^s  did  ytiu  find  out  ? 

v\bcn  you  found  the 


ifj,    »T  Dvij    i  na*l   found  lh^'    ^  ft 

lliiidit  by,  and  to<)k«l  t 
,«nf»  ♦.*-...',<  .  ...M-f-- 

^  Id' 

I  wm  m^  M  eartloi  as  i  r,; 
k  «r  tb^  l0ni^  of  I'^Q  years,  bui 
ifteiTfibitfi  tguin:  Imt  I  Wt^  my  Itdy 


I  bndfomid  micb  a  deed  ;  ftnd  the  ordered  Mr 
Banister  to  bdp  "Jitagatn. 

1,  C\  i^.    I*r  ver   tne    onec  tnofT. 

Who  tir*t  -    '  mJ  of  Itiokiuf^  iifter  the 

Hulls  r-  niv  Ivy. 

L,  CJ.  r.  ^,  .,.,  ,,.  iy  by,  ivhcnsbe  spok* 
to  yoo  to  looli  alter  the  lUlls? 

iCwdaj/ei.  ^  es,  Mr.  Bamil€i'  WJts  by, 
L.C.J,  Who fisc? 

Knawtfi.  Heveml  of  my  liwly '«  s^rrants. 
L.  C.  /.  Name  some  oVthcm  that  were  by. 
KnttteUi,  Tliere  ifos  Mr.  Banitil«!r*d  wit#  and 
his  dawghtcr  hy. 

L.  C.  J.  Wfiat  day  was  it  mv  VmW  try  finl^ 
spoke  to  vou  to  look  after  the  flaUt  f 

KnatL^fes.  AVithin  a  week  after  I  flrtt  izvf 
her, 

L.  C.  J,  Was  it  before  you  found  the  letM 
you  s|ieak  oH^Krifm^ici,  Yes,  it  wnsbrlbre. 

L.  C.  X  Ho^^  eamria  it  to  pass  then»  thai 
you  did  not  find  it  at  the  lin»t  1ookin|f)  which 
wus  the  4th  of  September,  ^vhen  you  found 
tbtit  lease,  you  aay  P 

Alt.  Orii.  We  must  lay  aaside  the  testimony 
of  this  man. 

L.  C.  X  Ay,  so  you  had  need. 
Sdt.  Gnu  Fray  fpavf  th*?  deed  in  court,  we 
shall  have  Mr.  Nc ill  v  with  it  else. 

Alt,  Gen.    We  ^  your    lonlshlp 

to  consider  all  the  use  wl  joake  of  this  deed 
i<t  fo  provr,  that  the  mill  was  removed  to  ano* 
ther  place*. 

L.  C,  J,  I  do  not  know  what  it  proves,  ha4 
if  you  had  kept  T<»ur  *vi!ness  Knowles  in  the 
mill,  t  think  y cm  bad  done  better  than  brought 
him  hither, 

AtL  Gen.  8wear  Mt,  Bauifiier  and  Bbv 
Clerk,  (Which  H'Osdone.) 

S.fL  Gen.  Did  you  examine  that  with  the 
roll.  Sit  ?  (ShcwitiV  him  a  paper.) 

Mr,  Cfcrk.  Yes,  Sir,  I  did  examine  that  with 
the  book  that  Mr.  Northy  shewed  me  ;  1  think 
lliey  uay  he  iii  stewanl  of  tlio  manor  of  Sten- 
ney  ;  he  read  in  the  book^  and  t  read  tnt 
copy  ;  and  it  is  a  true  copy  of  a  survey  of  thftt 
manor^  tak^n  25  EHs?, 

Alt.  Gen.  I  heard  say  yo-*-^  '^*if?  bo<iki 
of  the  manor  here  ;  pray  let  i  tdtioed* 

Mr,  WifiiaTfu.  Yoii  arem^n^v ,  ^ .Uomey  j 

if  it  is  a  true  eopVi  pray  let  It  b«!  read. 

Cferk  rtadi,]  *  The  D*!an  of  St,  PSatirs 
'  lifthls  freely  of  fee  or  field »  containing  by  fg* 
*  titnation — 

L.  C,  J,  Who  is  lord  of  the  manor  of  Step- 
ney now. 

Mr.  Poteis.  My  lady  Webtwortb  is  lady  of 
the  manor. 

Clerk  reads,']  *  The  Dean  of  SI.  Pan!*! 
hold;* — 

L.  C.  f.  Tins  bounds  H  on  the  Eiist,  on  the 
Dean  and  Chapter  of  Paurs  landa,  and  9o  doth 
yoQ  no  1^00  d, 
JUr  WilHotnt.  Let  them  ^  on,  my  loi-d. 
iff  f:  .,    \v.»f^  submission,  tlie«e  ire  tn^ 


AtU  tJen, 


.  -^  *jo  On. 
Wt«baIl|^on; 


And  i#ifh  tub- 


675]        STATE  TRIALS,  36  Charles  II.  1084.— 7 Ar  Lady  Ip^s  TVui/,       [576 

Hall  a  parcel  of  iiianb-fl 


misaicm  tbese  bounds  exactly  agree  with  the 
bounds  that  are  set  by  the  act  of  parliament 
for  draining  the  marsh.  Here  Is  nothing  that 
we  can  see  that  they  can  claim  but  a  mUl  and 
bake-house,  and  they  are  all  bounded  on  the 
West  by  Wall-Sfarsn;  and  the  Lynches  are 
bounded  in,  part  upon  the  North,  and  in  part 
upon  the  West ;  and  there  was  a  little  part 
of  the  marsh  did  run  into  the  North  bounds. 
But  npw  we  shall  come  to  our  evidence;  and 
ficst  we  shall  shew  the  act  of  parliament 

Which  being  anno  22  H.  8,  was  read. 

Att.  Cen.  Next  we  shall  shew  Richard 
Hill's  conTcyance  by  moilgage,  to  ViTold  and 
Salvago. 

Which  Indenture  of  Mortgage  was  read. 

Clerk  reafJi.'j  ^  This  Indenture  made  the 
'  eig^hth  day  of  NoTember,  in  tlie  32d  year  of 

*  our  soverei^  lord  kin^  Henry  the  eighth, 

*  bbtween  lliciiard  Hill  citizen  and  mercer  of 
« London,  on  the  one  party,  and  Anthony  Vi- 

*  void  and  Hcnrv  Salvago,  merchants,  of 

<  of  the  otncr  party  ;    witnesseth,  That 
,  *  where  the  said  Richard  before  time 

*  was  indebted    unto   the  said  Anthony 

*  Vivold'and  H.  Salvago  in  the  sum  of  560/. 
^  of  hiwful  money  of  England,  whereof  tliere 

*  are  of  their  free  will  have  pardoned 
'                 280/.                   The  said  Richai-d 

<  Hill  by  these  presents  All 

<  that  moiety  of  marsh  ground  being  130  acres, 

*  Wing  and  being  that  is  to  say, 
^  ixom  Ratcliife  mill,  that  joins  to  the  Hilly 

*  Lynch  to  RatclifTe  town,  on  the  party  of  the 
*=  East ;  to  Grash  mill  hy  the  Hermitage,  on 
'  the  party  of  the  West ;  on  the  highway, 
^  loading  trom  Loiulon  to  RatclifTe  on  the  party 
,' of  the  North;  and  on  the  river  of  Thames, 

*  on  the  party  of  the  South 

(  given  and  assured  to  the  said  Richard 

*  Hill,  by  authority  of  parliament 

'  in  the  27th  year  of  the  most  noble  reign 
to  have  and  to  hold — 

Att.  Gen,  Tiiisdoth  vest  the  lands  m  ques- 
tion with  otliers  in  Vivold  and  Salvago,  as  a  se- 
curity for  tlieir  money. 

Sol.  Gen.  Now  we  sliall  shew  a  lease  from 
Hill  to  Marcellus  Hall. 

Cierk  reads.']    <  This  indenture  made  the 

<  eleventh  da v  of  November,  in  the  37th  year  of 
-  the  reigii  oV  Henry  the  eighth  ;  lie- 
<■  tween  Richard  Hill,  citizen  and  mercer  of 
'  J^ndon,  of  tho'onc  |Kirty,  and  Marcellus  Hall 
'  ufRatcUffe,  miller  of  the  other  ])arty  ;  wit- 

*  nesseth,  that  the  said  Kichanl  Hill,  for  the 
"  suiu    of   six    iH>iinds   of  lawful  money  of 

*  England,  to  him  in  hand  (paid,  at  the  on- 

*  aeahnc^  and   delivery  hereof,    u  hereof  the 

*  said    Richard    Hill   hereby    acknowledgeth 

<  himself  to  be  fully  satished,  contented  and 

*  paid ;  and  whereof  he  doth  clearly 

*  acquit  and    <lischarge  the    said   Marcellus 

*  Hail,    his    executors  and  administrators  by 

<  these  presents,  hath  demised,  grranted,  and  to 

*  fJUxax  letten,  and  by  thes^  prcKBts  doth  de- 

4 


grant,  and  to  farm  lett  unto,  the  said 

]Ius  Hall  a  parcel  of  roanb-miuid, 

<  lying  and  being  at  the  East  end  of  the* 


'  mise, 
'  Marceili 


*  tharsh  £at   butts  on  Ratdiffe  faiBv 

<  mardi  waU-bank,  or  wall 

*  belonging  and  the  well 

*  Shadwell,  containing  by  cstimatioa 

*  eleven  acres  apd  a  half,  more  or  mmb,  abuttia^ 
'  on  Thames  wall,  on  the  party  of  the  South; 
'  to  the  lands  called  the  Dean's  Lynches,  on  the 
'  party  of  the  North  ;  and  on  the  wall  tkc 

*  reaches  from  the  Lynches  to  the  iabad,  by 
^  the  pond  on  the  west, 

'  with  all  the  Uireland  and  soil. 
'  All  which  mai-sh-lantl  is  in  the  parish  ofSle- 
'  bunheath  to  have  and  to  hold  themanh 

*•  land  foreland  and  soil  to  the  aiA 

*  Marcellus  Hall,  from  the  feast  of  the  anmn- 

<  ciatiou  of  St.  Mary  the  Viigin  next  ooimii{^, 
'  for  tliirty  and  four  yeai-s — 

Alt.  Gen.    Tliis  was  a  lease  made  to  tbdr 
miller,  and  contains  eleven  acres  and  half  n 
acre,  which  wc  shall  shew  isjustexactljth^  ' 
contents  of  our  land.    Next  then  we  shall  i 
to  the  convey  p.nce  raaile  to  Thomas  i 
which  will  bring  us  to  our  title. 
X.  C.  J.  Rciid  the  reservation  ofthatkuc- 
Clerk  readi.'j  '  Viclduigand  paying  thcR" 

*  foi'e  yearly,  "and  every  year,  unto  the  md 
'  Richard  Hill,  his  executors  and  assigns,  tbisi 

*  pounds  oi'c;ood  and  lawful  money  ofEnglaDd 

*  at  four  terius  of  the  y^^vr;  that  is  to  say,  the 
'feast  of  the  nativiiv  of  St.  John  the  I&(Miil| 

<  St.  Michael  the  Aichnn^^el,  tlie  birth  of  Mr 
'Lord,  and  the  auuunciatiun  of  St.  Mary  the 

*  Virgin.' 

Serj.  Pf.ntLrtcn.  Tiay'my  lord,  we  desire 
tliey  niuy  t;ivo  souxo.  aVtouut  of  this  lease, 
uherc  they  luiil  ii,  rjul  h^^\\  iii.y  came  by  it 

Att,  Gcii.  \\>ii  iia\c  !iad  it  hi  your  haodf; 
you  see  whrit  it  i.i . 

St  rj .  Pl  /hlu'ti  >ji  .Yes,  n  :i  d  therefore  we  de* 
sire  to  kiin.v  vtoauihiii*'  iJiout  ii,  I>ecau9iewe 
find  Kno\vlt>  s  I:u:;d  to  it. 

Att.  Gin.  \* «'  v\'M  q,\ye  you  a  belter  aocont 
of  it  thuu^ouiiiuiL  (i>i\  Gut  that  will  letjfo 
into  nn  hour's  \%  rangL' more,  which  isallyoa 
have  tu  say  for  \  ours-. I^c-j.  We  have  it,  dJI^ 
pro\e  it. 

Scrj.  Temben^n.  Yv;u  liMo  it  wssce;!** 
remembta- you  will  give  no  aocouot  where  yoa 
had  it.  Bui  then  we  Ui;»iie  to  ai^k  Mr.  Koowjee 
a  question,  Whether  ir.y  ludy  Ivy  was  with 
him — 

Att,  Cen.  My  lord,  w^  Ocsirt' we  may  «o 
on  and  give  our  e.iLivriictr  ii.tiic;  they  ww'J 
fain  break  in  ii|:nn  us,  and  tsik«i  up  anrther 
hour  in  quarrellint'-  wiiu  ouv  wimess.  •  VMij* 
we  bear  thtiii  in  tfu  i:  time  oflcr  lo  impeachtM 
validity  of  the  det-d,  tiien  Mill  be  our  limet^ 
justify  it;  and  1  doubt  not  hut  we  shall  give  » 
satisfactory  accomit  of  it.  J*ray,  will  yon  jPJJ 
an  account  of  the  deed  you  sna]>ped  up  tbeb* 
time  ? 

L.  C.  J.  Nay,  nay,  Oentlemen,  we  cav" 

kC  up  our  time  in  vour  diakwim  •■!  I 
heats.    DoyouDdiJ 


take  up  our  time  in  your  dialogiiei  M  i 
liiiiderthaB»tfMliMJ| 


STATE  TRIALS,  36  Chables  II.  l6M.^fifr  great  Part  of  Shadmll.    [578 

*•  eleven  acres  and  a  half  of  marsh-Iaiid  arc  in 

*  the  holding'  of  IVlurcelliis  Hall,  miller;  and 

*  and  also  the  bank,  or  u  all-flood  or  (Kind,  ad- 
*•  join^  West  on  the  said  eleven  acres  and  a 
'  halt,  containing  hv  estimatioa  of  niea^jure  two 

*  acres ;  aiid  also  afl  that  parcel  late  ^ividt'd  into 

*  two,  and  now  late  in  the  tenure  of.  Uichard 
'  Hill,  batcher,  containing  by  estimation  of 
'  raeasare  six  acres ;  and  also  all  that  parcel 

*  >Vcst,  adjoining*  to  the  six  acres,  vliich  I  the 

*  said  Richard  Hill  hold  in  my  own  hand ; 

*  and  also,  that  is  to  say,  all  that 

*  parcel  with  the  bank  or  wall 
'  ishmd  and  pond,  containing  by  estimation  of 
'  measure  ^\e  acres ;  which  last  thirteen  acres  I 


shall  not  hinder  you  when  it  comes  to 

B. 

Thii  deed  hath  been  reail  for  the 
ind  defendant,  and  is  market!  so. 
•tn.  It  has  been  twice  read  before, 
r.  Wall,  will  ye  co  on.  Gentlemen  ? 
'en.  Then  we  shall  shew  this  decd- 

This  is  also  marked  to  have  been  read 
Reads)  This  is  dated  16  Apr.  in  the 
of  kingf  Edward  the  6th . 
II  faithful  people  to  whom  this  present 
:  shall  come,  I  Richard  Hill,  citizen 
ercer  of  London,  send  greeting  in  our 
od  everlasting.  Know  ye  that  I,  the 
chard  Hill,  for  the  sum  of  one  hundred 
rty  Dounds  of  lawful  money  of  Eng- 
\y  Tnomas  Stepkins,  alias  Stipkin,  of 
ishof  St.  Mary  Matfellon  alias  White- 
,  in  the  county  of  Middlesex,  beer- 
,  onto  me  the  said  Richard  Hill  in 
lid,  wherewith  I  confess  myself  to  be 
d  truly  satisfied — 

r.  Upon  whose  account  is  it  that  my 
Irepory  comes  here  ? 
innger.  My  lord,  Mr.  Baron  Gregory 
ed  by  the  plaintiff  to  be  here ;  and  as 
«  come  to  our  reply,  we  shall  ask  him 
sdons :  if  he  please  to  stay,  we  will 
Imn  ao  soon  as  we  can.' 
«ji.  Nay,  rather  tlian  trouble  Mr.  Ba* 
jy  we  yield  he  should  bcexamine<l 

Gregory.  I  am  not  in  so  much  haste, 
but  I  can  stay  awhile,  and  not  break 
the  middle  of  an  evidence  fur  mc. 
K  If  you  please,  they  consent  you 
Eamined,  and  they  may  be  long. 
rregory.  I  would  not  interrupt  the 
evMeuce. 

'.  Nay,  we  will  take  you  at  your  word ; 
be  long,  remember  we  would  have 
I,  but  you  oomplimente<l  yours<tlf  out 
w  yon  arc  like  to  abide  by  it  a  while, 
^-oo,  brother.  Go  on. 
reads.]  *  And  do  therefore  acquit  and 
te  the  said  Thomas  Stepkins  alias 

faifl  have  given,  en- 

sold,  granted,  and  by  thi^  my  present 
conflnncd,  all  those 

ir-and-twenty    acres    and  a   half  of 
and,  measured  by  the  rod  or  |M)Ie, 

Wapping- marsh 

Mfea  of  which  are  lying  adjoining  on 
t  nde  of  the  mill  that  butts  upon  the 
nk,  or  way  leading  to  Ratciiff  town, 
Rateliff-mill,  witli  the  bank  or  wall 
10  belonging,  and  the  well  adjoining 
way  that  goeth  up  to  the  Lynches, 
kadivcU,  lying  in  the  East  enit  of  the 
•■d  all  the  next  piece  West  adjoining 
nine  by  estimation  one 


■i  ikm  pond  and  two  acres  adjoining 

ital  Me,  six  acres  lyin^  in  the  bot- 

■  Mlhf.  Lynches,  aiHoming  North 

imA  that  reaches  from  the  Lyn- 

""^^"^    the  pond.    All  which 


'  bought  of,  and  had  conveyed  to  me  and  my 
'  hsirs,  from  one  John  8t.  All 

*  which  four  and-twenty  acres  and  a  half,  more 
^  or  less,  of  marsh- land,  abutteth  on  the  Thames 
'  wall,  on  the  part  of  the  South ;  to  the  landa 
'  of  theL  dean  and  chapter  of  the  cathedral 
'  church  of  St.  Paul,  called  the  Lynches,  on 
^  the  part  of  the  North  ;  on  the  aforesaid  mill^ 
'  on  the  part  of  the  East ;  and  on  twenty  acres 
'  of  the  said  Thomas  Stiukins,  on  the  part  of 
'the  West.  And  also  all  the  Thames  bank  or 
'  wan,  belonging  to  the  said  four-and-twentjr 
'  acres  and  a  half  of  marsh -land ;  which  said 
'  piece  or  parcel  of  wall  doth  abutt  on  the  South 
'  end  of  the  said  on  part 
'  of  the  East,  and  on  the  bank  or  wall  in  the 

<  occnpving  of  William  Knevet,  on  the  pan  of 
'  the  West.  -  All  which  marsh-land,  bank  or 
'  wall  arc  in  the  east  end  of  Wapping  marsh, 
*•  abutting  on  the  aforesaid  hill  and  hilly  bank 

'  aforesaid,  in  the  way  leading  to  the  town  of  ' 
*"  Ratclift*   aforesaid.     And   which  four-and- 
'  twenty  wren  are  part  and  parcel  of  one  hun- 
'  di-ed  and  thirty  acres  which  was 

^  heretofore  continually  for  the  most  part  ovcr- 

*  flown  and  drownt^l  with  the  water  of  the  river 
^  of  Thames ;  and  all  and  nngnlar  messuages, 
^  cottagc:s,  houses,  edifices,  orchards,  tolls 

^         ^foreland  and  soil,  which  were  the  said 

*  Thomas  Stepkiiis's  before  the  overflowing 
'  and  all  and  singuhr  messuages, 
*■  editiccf ,  cottages,  ■..    celkirs,  sollars,  or- 

<  chards  woods  and  underwoods,  aud  all 
*•  other  the  rest  of  my  hereditaments,  whatso- 
'  c'vur,  in  the  parish  and  manor  of  Stepney,  in 
'  the  county  of  Middlesex.' 

Ait.  Gen.  Now  we  shall  produce  a  lease 
from  Stepkins  to  MarccUus  Hail. 

Serj.  Pemberlon.  1  hope  they  will  give  some 
account  of  this  deed  first. 

Act.  Gen.  When  yon  say  any  thing  again!»t 
it,  Mr.  Serjeant,  we  will ;  but  we  desire  now 
to  go  on  with  oar  evidence.    Read  that  deed. 

Clerk  reads.]  This  has  been  read  before,  and 
is  marked. 

'  This  Indenture  made  the  SQthday  of  April, 
*•  in  the  sixthyear  of  the  reign  of  our  sovereign 
'  lord  king  £dward  G,  by  the  grace  of  God 

<  king  of  England,  France,  and  IreUind  ;    be- 

*  twixt   Thomas  Stepkiiu»,  otherwise  Stipkin, 

*  of  the  parish  of  St.  Mary  Matfellon,  ia  the 

*  county  of  Middlesex,  without  ^Udt^atc 

2P 


570]         STATE  TRIALS,  36  Charlei  It  16^4,— Tfcr  Uify  hyA  Trial, 


bcer^  brewer,  of  Urn  one  part  ;    and  MarccIIus 
JhiU   of  Ris  tiflr»  milkr  of  the  otlier  pait ; 
f^\  .r  tlie  sAii]  Thomas  ^10 pklns^ 

^  .'^»iif   f'Jr  the  iuni  <»f    50/,  o^ 

'  Oawlul  mouev  *>1  Englaml,  to  ihe  fcaidThomaJi 

■  St^I>V.i'^<?  otfirr«  i5«»  >irT|>kin,  by  the  said  ^lar- 

::  hereof,  wpU  and 

1  of  ibef^anie  do(h 

^Mjiiii  aiiii  iii^t  Uarjjc  Uic  said'  l&lar* 

HjjII,  hrs  f xefutors  ajid   DKsit^ns,   and 

jofitii  T     "■ -■  *      ;cprefien1*ihaUidcmise*f» 

'  {^TAnted,  In  i  to  farm  letlen  ;  and  by 

*  theKp  |MTs  ,,  r.n.i  demise,  ^rantt  b<Hakp» 
'  ;,uil  h.  hum  ItU  imtu  iUe  said  Marccllus  Hall, 
^     i  i]i',r.<-  ]iM  |iiircc'la  of  mar^h-]ai)d  lying^  aud 

*  I  M  the  wesit  side  of 

*  i.  ^  .or  way  oalle^l  Raichff-way 

*  anil  the  iiell  adjoiuin^r  to  the  way  ihat 
*,poetli  «ji  10  the  Lyiiehe**  culled  Sliaduell, 
•.Riiiif  in  the  east  end   of  the  man%ti,  cr»n- 

' '  uiixiafl:    by    esliniation    of  measure,    tliree 

*  acres  and  a  half,  and  all  I  he  next  nieee  west 
*'  a^ljoining  to  the  same,  coDtaillin^'  uy  estitna- 

*  tion  of  measure,   six  acres  and  the  [Kind  ; 

■  and  tno  acres  adjoixiinir  *m  the  west  t>idc  of 
♦the  aivacrn*,   t^m^  on  ihe  Itottom   of  the 

.  •^Iiillv  Lynrlies,  adjoimnQ^  north. w«il  on  the 
*iraftj  which  rcacheih  from  the  Lyncbes  to 
•the  island  by  the  ^M>nd;  fdl  wbiVh  eh'vcfi 
'  acres  and  a  hall,  little  more  or  les»,  abutfrtJt 

*  on  the  Thames  wall  on  the  parly  of  the  muih  ; 

*  In  the  Dean  and  Chapter  of  tlic  cathedral 

*  church  of  St.  Paul,  called  the  Lynches  on  the 

*  party  of  the  north  ;    and  on  the  wall  by  the 

*  ponil  an  the  parly  of  the  west ;    and  also  all 
•  •  the  Thames  waif  l^elonjpn^  to  the  said  eleven 

*  acres  anrl  a  half  of  meadow  or  marsh- land  i 

*  wlmh  said  piece  or  parcel  of  batik  or  wall 

*  doth  abutt  on  the  south  end  of  the  afore- 
♦aaid  hilly  bank,  or  way  reaching'  to  the  east 
«  side  of  It,  which  Knidetb  to  RatclilTto^n  on 

•  •  Ihe  party  of  the  east,  and  on  the  wall  in  the 

*  Orcupation   of  John  Emraid,  on  ihc   party 

*  of  the  west,  and  also  all  tb*'  foreland  anil 

*  soil  down  to  the  low  water  mark  of  the  rirpr 

*  Thames  belonging  to  the  premises :  all 
•i^Klch  in    the  east-ead  of 

*  Wappinjr  maruli,   abutting  on  the  aforesaid 

*  mitl^  aQd  the  hilly  bank,  or  way  leadioGT  z^ 

*  aforesaid  in  the  parish  and  manor  of  Rtebun- 

*  heath  otherwise  Stepney,  in  the  cotnity  of 

*  Middlesex,  and  now  in  the  holdinif  ot  the 

*  uid  Marceltus  Hall,  to  have  and   to  hold  alt 

*  the  said  parrels  of  maridi-buul    flir^^lairid  and 

*  soil,  nnd  every  part  and  |».  >i\  to  thu 
•said  DIarcethis  Hall,  hif%               ^  ;ind  as- 

*  ^rgn^i  from  tlic  fei^st  of  the  aimnneiation  of 

*  St,   Mary,  the  Virgin,  before  the  date  here- 

*  of  to  llie  end  and  term  of  13S  yeara,  thonce 
**next  ensuing,  yield in^^^ — 

Sal  Gzn,  Read  the  Proviso, 

h.  C.  J.  Rfadthe  reservation  of  tjierent, 
J^Urk  reada,]  *  Yiehling^  and  paying  there- 

pre  vaailvfor  Ihe  mme.  to  the  said  Tiiomas 
pktna,  hln  heirs  and  usj^i^nK,  one  pepper- 
^)orn,  Hi  the  feast  of  the  auunacifOkia-^ 

SifL  C§a.  Now  read  the  Viormff* 


And  the  aid  )larc«I]iia  tiill 


»  for  i 
'  naaictJi 

*  Thottja,*;  "- 

*  he  the  s^a 

*  a^isiifns,  

^  charts. — Aud     it    a>    furthu     t  vn ^iianto^, 

*  cranted,  lind  ajjrer^d  U^tv^ppn  th**  said  piirti*«, 
•that  ■  "  •  ■  •  ~  . 
*cc)l 

*  ate  <ii  .I'^M^'ii  tiiJiK    j 

*  any  part  tbeTfot*,  a^ 

*  and  «r»r,u.  ,.♦  ,,f  iiie  fc,^.,.  i M..^.^i^ 
'  hcii  -ns.* 

J^li  ,.   Prav.  inv  li>fi1 

me  leave  to  a^k  a  qn 

Ait,  Gen.  My  h^ 
mineil  yet ;  they  cefinot,  amkr  tavour^  wkfaiin 
any  *|uestion8. 

Mr.  Wtlliums.  You  have  sw^^  nl  w) 

he  is  under  un  oath,  and  w^  w-*  '-r- 

annnc  him  as  your  witnc*^ 
huvc  read.  Is  that  your  i 
Ihffdeetlof  16  Apnl!) 

Bntt liter.  This  h  tny  name  writieti  by  wy 
own  hand. 

31  r.  WtUmnii.  When  did  jfm  WfHe  jm 
hand  there,  31  r.  Banister  ? 

BannUr.  The  16tii  of  April  i$^, 

Mr.  Willtnm,  l*iay,  Sir,  lo^k  opoo  it 
agiiin. 

Baniitcr,  This i« my  banii* audi  wmJllDf* 
self  when  the  deed  wa«  found  ;  1  writ  a  p«p(r 
of  such  flf^eds  OS  wer«}  found  ai  the  miitB- 
stantnf  ijine, 

Mr.  IVtlliiifm,  /Uid  you  iriit  itwben  fjw 
found  it  ? 

Hanhur,  I  writ  that,  name  at  that  ioittfit 
of  time. 

8erj.  Pemhcfton,  When  was  it,  do  yoo  ufi 

Bunitfcr,  The  1 6th  of  S" -•    i  ■  «  ^ , 

Mr.  WiliiamM,  Are  yon 

Banister.  Yes,  1  um  s  , 

Serj.  P ember  ton,  ^ 

Banhtcr,  It  was  in  i  wni 

tlus  paper  at  the  aant«  time. 

L.  C.  J.  ^Vhere  did  you  write  tliii  name  I* 
this  deed  ? 

Rarmttr.  At  Wt,  Knowles^s  house. 

/..  C  J.  When  was  the  dn^ai  linie  that  y^tt 
saw  thai  deed  ? 

BimaUr.  The  very  same  day  tlial  1  wrilinj 
name  on  this  ]>aper. 

X,  C,  J,  Did  he  find  the  deed,  or  you  ?  Let 
me  jkCe  it,  (Winch  was  done) 

Banirjff .   He  had  found  that  deed  bdbii. , 
but  f  I   it«  and  deiiircd  mv 

to  till 

X.  C.J*  Where  did  you  find  it? 

Banister.  In  a  garret  til  ihlr,  Knofrltt^ 
house. 

Sol,  Cm,   Were  there  nota 
I  deeds  there  ? 

Ba  ni$ier.  Ves,  there  were  a  great  J 

L.  C\  J*  Prvihee,  look  tipea  it 
consider  what  thou  sayest* 


8115    STATE  TRfA W,  36  Cr ASt trs  If!  1  Jiv— yir  greai  Fart  of  ShaAcelL    f 5S2 


^u 


L   C.J. 


L.  €.  J.  VetyweW  •  4lid  huw  came  ili  j  naiiit^ 

Bftnitter.  Tbw  is  tlie  Very  deed  I  looked  upon 
«t  that  time. 

I..  C,  X  Where  dt^  you  first  see  tlmt  deed  ? 
B^nuter.  I  was  nt  the  findings  of  it  la  a  gtir- 
If  ct  Mr.  KfiovrlenN  lir>ufte^ 

C  /.  Tbat  iifts  ju  He|»t.  108^  J  you  say. 
siilfrer.  Yea,  in  8t*j>t.  158^,  I  never  §^w 
fore* 

£.  C%  /•     Pmr,  wllo  are  riarties  to  that 
deed=^  ^ 

irni.  My  lord,  it  lb  the  purchase  of 

El  Uto ;  and  how  shotild  tliat  come 
to  he  ia  the  po&seasion  uf  Raowtes? 

KManmier.  1  never  saw  it  Mbre  ihattime» 
3L  C*  /.   Read  it  a^iu. 
Cttrk  irtitds.]^TUm  h   dated  the    16th  ot 
Aprils  in  the  sixth  year  of  Edward  the  abrth. 
•  To  all  taitUftil— * 

So/,  Gci^,   Certainly,  my  lord,  be  i5  under  a 
mistake. 

J*.  C  X  Ay,  5o  Is  he  sure  enough,  hut  a  \'ery 
Ibnl  <iim  QpOD  my  word-  Rut  let  u*  lee  if  we 
etn  hrm^  him  out  of  it*  Mr*  Banister,  let  me 
ro«  a  qoeatiud* 

anutcK  Yes,  my  Inrij,  if  you  pkmse. 
•  C\  /.    Then  pr^y  miii<]  u  bat  I  nay,  dud 
Fofit.     The  Itilli  uf  Sepieiuber,  ioB^, 
I  the  time  that  yon  wont  ou  ]Hir(iOsi^  to  look 
for  4ktAs  at  Mr.  iinowles^s  houso  ? 

l^muitr.  1  was  ihere  un  the  7th  of  Septem- 
f  and  that  was  the  rtrst  day  that  ever  1  came 
\  Mr.  lttiow!*^*g  house  in  my  life* 
,  C.J.   There  were  souh-  Ir^k   ii  ^rr-m^?^ 
tMr,  Knowlcs  hud  ; 
f#er.  §o  Mr  K 
.  C.  J,    VPhat  became  of  thoae  dcetU  he 
I  found  before  ? 

amititr.  As  he  told  rne  he  had  mislaid  thera. 

I  C  J,  And  when  did  you  come  to  have 

I  Aocunnt  that  he  had  found  tliose  deeds  tirst  ? 

BanUt^,  Jt  w^  after  1  had  paid  him  3i,  h>r 


I*.  C.  /.    When  was  the  llrst  time  that  he 
t^eol  it? 

Btatitter.  It  was  the  flAh  or  fourth  of  ^p* 

.  C  X  And  when  did  you  first  ofo  thither  ? 
t^htrr.   On  the  7lh  of  StipteiiiCer,  he  de- 
t  ine  to  come  and  hefp  Itrm,  and  assist  him 
Boding  ont  the  dCedi^  that  be  had  mislaid. 
*   C*  X  What  do  you  know  of  this  deed  I' 
niUfr,  We  found  one  deetl — 
€%  Jf*    Look  upon  that  carefully,  ia  that 
VMr  Hsttd? — Banister.  Thai  is  my  hand. 
m/f**  €.  X    Do  ^ou  rememht^r  when  you  put 
^Kr  hand  to  that  deed  ? 
^^^FitfTf  r.  The  pa|>er  1  have  in  my  hand  waa 
written  at  the  »toe  time. 

L,  C.  X  Lo€»k  QfKui  that  (laper^  and  consU 
Aer  H  well ;  and  now  tell  um  whc-Uier  you  foimd 
iiAt  de«d  flmt  or  Mr,  Knowlcji F 
Beniittr.  Mr.  Kno^^lea. 
L.  V.  J^  Now  look  up<yn  it,  iDd  look  upoti  it 
AiAfiy,  when  wai  it  P 


Bani$ter,  Tl^is  deed  came  into  my  hand>;  the 
same  day  that  I  writ  this  note. 

A(C.  ben.  My  lord,  iiedcsii*e  we  may  go  on 
with  our  evidence,  and  not  luve  them  breiik  in 
upon  us  to  examine  any  tiuch  ihui^  till  tlivir 
lime  comes ;  if  tbty  have  any  lhiii|ar  to  ul^ect 
a^inst  our  wimesaes,  let  ibeui  take  their  time. 

Serj.  Panberton.  Mr,  Attorney,  we  are  very 
regolar  sure  in  what  we  di> ;  you  prcnluce  a 
deed,  and  we  desire  an  account  uuw  you  etune 
by  that  dtted;  and  fioding  Mr.  Banister's naioe, 
who  is  your  wiiut^^s,  aud  sworn  by  you»  we, 
would  know  of  him  what  he  knows  ot  it. 

L,  C  X  Ay,  ay,  let  truth  come  out,  m  God*a 
name.  Look*a[)ou  it,  Mr.  Banidter,  once  more. 
What  say  you  to  it? 

BunUicr,  This  is  the  same  deed,  and  my 
hand. 

L.  C,  X  Upon  your  oath.  Sir,  when  did  yoa 
firift  see  that  deed  ? 

B(tniiter,  This  deed  1  saw  the  7th  of  Sep- 
tember, 1682. 

L.  ax  Where? 

Baniittr.  In  the  gmrret  at  M(-  Kuowtts's 
house. 

X.  C.  J,  Did  you  find  it  first,  or  Mr,  Knowlea? 

Bartitter.  1  cannot  tellp  it  may  he  I  might. 
-  L,  C.  X    Are  you  sure  you  then  put  your 
name  to  that  deed  ? 

Bftnitter.  ]  did  put  my  hand  tipon  this  sam« 
deed  the  7th  of  Sept.  l^RS. 

L.C.J,    Pry  thee  look  upon  it  aguin,  and«  { 
look  very  carefully  upou  it.     [Which  he  did 
i\w  a  good  w  Jule  togetner.] 

L,  C.  J.  Now  look  U[*on  your  bote  again* 

Att.  Gen,  Fray  dp  so,  and  peruse  it  care* 
fully,  and  see  whether  that  deed  he  in  your 
note. 

X.  C.  X  Nay,  g-ond  Mr.  Attorney,  let  us 
havo  no  directions.     What  say  you  ? 

BanitUr.  I  set  my  hand  to  several  deeds 
that  I  found  there,  to  some  writings  on  the 
Tth  of  September,  and  to  others  on  tlje  16th. 

L.  C,  X  Now  tell  us,  which  of  them  it  was 
that  thou  didst  put  thy  hand  upon  this  deed? 

Banitter.   I  believe  it  might  be  tlie  Tth, 

X.  C\  X  Did«t  thou  not  see  that  deed  heibte 
the  7th  of  Septemljer,  I6a3,  upon  thy  oath? 

Banister.  So,  never. 

L,  C.  X  Who  waa  with  you  when  you  first 
found  that  deed  .^ 

Att.  Gen,  Pray  my  lord*  let  this  note  bi 
read,  and  that  will  clear  all* 

X.  C.  X  No,  by  no  means,  Mr.  Attorney  ;  lio 
may  make  use  of  what  notes  he  (rteasoif  to  re« 
fris>h  his  own  uiemury  ;  hut  we  will  never  sup- 
port or  prop  up  a  pfrgitry  nt  that  rule,  1  assure 
you,  by  a  note.  Was  Mr.  Kuowles  with  yon 
when  you  found  that  deetl  ? 

Bfinitttr.  He  was. 

L,  C,  J.  Do  you  lake  it  upon  your  oath  thai 
thirt  deed  was 'found  the  nii  of  8eptemher» 
1682,  in  the  garret  at  Mr.  Knowlest's  boose? 

Banister,  i  cannot  tell  which  of  the  two  il  • 
was,  the  seventh  or  the  sijrteenlb* 

1,  C.  X  Was  ii  one  of  th«  two,  upon  your 
oatlt? 


STATE  TRIALS,  36  Chaxlss  IT.  l6Bi^The  haiif  %*'  THf/,        [fill 


I 

t 


Ba  n  u  t(  r »  It  was  one  of  tbc  two. 

L.  C,  J.  Now  call  Mr.  Kaowles  ac^iiin. 

Mr  fii7/i«Pi*,  There  be  is,  roy  lord ;  if  your 
lordship  |)1ease  to  look  upon  the  deed — 
Kaowk-s's  naine  wits  to  it  likewise,  but  scraped 
out. 

L.  C  X  Well,  wc  will  ask  hlro  about  it. 
B«t,  Mr.  BmiKter  posiiively  sweart  be  wai  at 
the  finding  of  this  deed.  What  say  you, 
Knowles? 

Kftofrlis,  I  know  nothing  of  it,  my  name  is 
not  to  it 

Rlr  Williojus.  Was  your  name  ever  to  it,  or 
not  ?— A'wrwr/ef»  No,  ueVcr. 

Mr.  Uohbim,  But  it  was  to  it,  U  tUe  trial  m 
Miebaelmiis  term. 

L,  t\  /.  Did  you  sfrt  yo^r  name  to  all  the 
(Ic^tiii  you  found  in  tli«  garret? 

Knowks,  Yci,  1  did. 

L.  C.  /.  Upon  your  oath,  Banister^  did  you 
set  your  name  to  any  deedi^  that  he  did  notuiat 
were  to ut»d  there? 

BaniiUr,  1  believe  I  might  do  ao,  I  would 
not  swear  punctually  to  it. 

L.  C.  J.  liVas  he  with  you  ? 

B*mifUr,  JIc  was  with  me  in  the  very  s&m^ 
chiitJib^r, 

Kntfwkti.  1  do  not  know  that  ever  I  put  my 
band  to  that  deed  in  my  life. 

L.  C.  J.  Did  you  ever  !*ee  (hat  deed  ? 

Ktwu'U^.  I  cannot  t»&y  I  did ;  I  remember 
nothiii^  of  it. 

L.  tlJ.  I  ask  you  once  again,  wbeu  yon 
found  this  deedf  was  he  with  you  ? 

haniiler.  Yes,  Sir. 

L,  C  J.  You,  KtJowlcR,  did  you  ever  tru^t 
-    Jiim   to   took    and  scare ti   any  det^ls  in  your 
Jparret,  but  when  you  were  by  yourself? 

Knouks,  No,  my  lortl. 

X,  C.  J,  Tbeii  I* would  ask  you  uj>on  your 
Ofltli,  because  you  are  the  persons  that  hsul 
these  deeda  in  your  custody ;  was  there  any 
deefls  dehvered  out  of  your  nand  that  you  did 
not  set  yoar  band  to  ? 

Kmmlci.  I  believe  there  was  never  any  one. 

L,  C*  J.  How  came  this  deed,  which  he 
iwears  was  found  there,  not  to  have  your  hand 
toitf 

KnowUi,  I  do  not  know  that  ever  J  saw  it. 

Atf.  Gen,    Did  Mr.  Knowlea  t^ay  he  was 
lookrny:  for  deeda  of  his  own  concern,  when  he 
-fijundtbe  first  deed? 

Bnni$(rr.  He  did  say  he  had  looked  before, 
•lid  hail  tbutid  some  of  these  deeds,  and  then 
tni^lnid  them,  aud  desired  my  assiiflance  to  find 
tUem  ag^ain. 

X.  C.  J.  What  did  he  say  to  you  at  first? 

Banhter.  He  said  be  had  been  spoken  unto 
by  my  lady  Ivy,  to  look  for  deetls  that  might 
coTiccrn  her  ancestors,  and  he  had  found  some ; 
hut  tiDiling-  ^tne  also  tliat  concerned  himself, 
he  had  mi^liiid  my  lady^s,  and  desired  me  to 
help  him  to  titid  them  again* 

i.  v.  J.  What  employment  have  you  under 
my  hdy  Ivy  P 

Ban^Ur,  1  am  her  reat-gatherer. 

i^C.J,  Her  baihif,  1  fuppose:    But  »ow 


von  sneak  of  what  my  lady  try  ifeimal  of 
Knowles,  I  would  aak  you  a  quealio(i«  lest  It 
slip  oat  of  my  memory,  were  you  preaeot  at 
rmy  time  when  my  lady  Ivy  spoke  to  Mr« 
Knowles  to  look  after  auy  deeda  ? 

Banirier.  Yea,  I  was, 

X.  C.  J.  Pray  tell  us  whose  deeds  she  dti* 
sired  bim  to  look  ? 

Bmiittr.  The  deeds  he  said  be  bad  miihii 

LCJ.  What  were  they  ? 

Banisicr.  The  deed  of  Richard  HilU  stttd  the 
deeds  belonging  to  Stepney  and  ShadwelL 

X*  C.  J.  What  names  did  she  metitiaa  t<» 
him,  that  she  would  have  looked  ailcr  ? 

Bannlcr.  8hc  did  meution  some. 

X.  C.  J.    Upon  your  oath,  did  she  i 
any  deeds  made  by  Dr.  Donne,  dean  i 
l*aul-8? — Banuler,  No. 

X.  C.  J.  By  one  l^Iay,  detn  of  St.  Panl'i? 

Banister,  No. 

L,C,J,  Was  one  Lun  ntuikod  ? 

BanisUr,  No. 

L.C.J.  Or  one  Holder? 

Bam  iter.  Not  thai  1  know  of, 

X.  C.  X  Did  she  mention  one  Joan  Halt? 

Banister,  f  do  not,  know  tliat  mv  Mf 
Ivy  gave  particular  order  for  any  ot^  duN 
names. 

X.  C,  X.  Did  she,  iipoa  your  oatli,  ouuc 
Marcellus  Hall  to  you  ? 

Bunister,  No,  my  lord* 

X.  C.  /.  Upon  your  oath,  Knowles,  was  ant 
he  by  when  my  lady  named  Marcellus  Hall  t« 
you  ? — Knoulh.  rie  was,  my  lord, 

haniiter,  I  did  not  hear  my  lady  name  tldi 
I  name  at  all* 

L,  C.  J,  No;  he  heard  b'^*-  ^^'^^  r^rA^r(of^ 
particular  deetls,  neither  t  l.uii» 

nor  Marcellus  Hall,  but  oiii_,  ^  "Step- 

ney and  Shad  well, 

!Sir  Edu.  Herbert,  Banister,  did  be  say  b» 
had  before  foand  them,  and  mislaid  tbcmr 

Banister,  Yes. 

Ati,  Gen,  Upon  your  oath»  what  dead  M 
you  take  that  to  be  which  is  produced  ? 

Mr.  p4?a II.  Can  you  read  it,  yea,  or  no? 

X.  C  J.  Mr.  Powis,  do  you  think  my  lad  J 
Ivy  sent  Bauistcr  to  look  atler  deeds  that  be 
could  not  read  ?  that  were  very  prtitiy ! 

.'If  I.  Gen.  What  deed  do  you  take  it  to  be  ? 

SqL  Gen,  Let  me  ask  you  one  questioti,  Mr 
Banister ;    Did  you  ever  set  your  hand  to  aoy  | 
deeds  that  were  not  found  at  Mr,  Rnowles*!^  , 

Bimiaicr,  Yes,  I  have. 

Mr.  Lutuich,  Upon  what  occaston  did  yo 
put  5'oar  band  to  them  ? 

Bunistcr.  Because  they  wete  ancienl  i 
and  1  was  to  look  out  where  the  haudi 
that  thev  did  concern. 

Ait,  Gen,   Pray  now  answer  my  qucitioaj 
look  upon  it,  and  tell  me  what  deed  do 
take  it  to  be  ? 

Banittcr,    It  is  a  deed  of  sale  to  J 

X.  C*  J,   It  is  sOp  you  are  tu  the  righ 
and  now  upon  your  oath,  where  did 
that  deed  of  sak? 

Bani*tfr.  My  litnd  iitoit,  and  thli| 


I  TRIALS,  56  Ctt  ABtRs.  II.  l684,— /or  if i-c^i  PaH  tf  SkaimU.    [586 


» it  It  Im  «4it  that  WM  found  in 

Mid  sa,  1  know  not  How 

I  is  not  hittlsdf. 

r  can  1  beTp  that,  Mr.  Atlor- 

\  He  iBiySt  is  plain. 

I  overthr  •^^♦^^  v^^vs  have 
•li;andn  iH  the 

rium  tesd  bis  note^  (which  he 
J  hitn  whtil  jrou  mil. 
I  there  any  d<%tl  <»f  the  ]Gth  of 
,  from  Uiil  lo  Slepkins,  Id  tb&t 

\  it  no  ftir  question,  Mr.  At- 

lith  TOUT  fnvfmr,  my  loH,  1 
I  for  tluit  will  make  it  pblo  tliat 

te  he  \% ;  hut  nith  your  fs- 
fclair  fjaestioo  ;  you  ure  on(y  to 
'"^  ftl  deed  git  en  in  evitlencc 

osk  Hiin  one  short  ques- 
bd  1  think  it  is  a  fuir  one. 
in  Ciotrs  naine^  ask  what  fair 
'  leading  ones, 
»  is  drunk,  Madam. — 

My  Imtl^  he  docs  not  under- 
hy»,  tliat  11  plain, 
ther,  all  knaves  are  fools  in  one 

lv«  ynu  read  the  date  of  tliat 

'  lord,  if  you  pleaaef  we  will 
r  evidence  a  wbile^  and  let 
""y  and  consider  of  it, 

my  heart ;  but  I  think 
B,  tf*e  worse  he  is ;  and  so 
iof  the<;hapter, 
have  eatfed  to  os,  my  lord, 
of  this  deed  ;    we  shall  now 
Ketle  knew  of  this  deed  before. 
r^  (wbjch  was  done*) 
roame? 

y  will  you  tell  the  court 
course  you  bat]  with  Mr. 
said  about  a  deed,  and 

saw  the  lease ;  hut  as  f  was 
\  tml,  when  there  was  a  rer- 
to  be  my  lady  Ivy's  ;  and 
tod  of  Decern  Iter  last/ 1  had  an 
J  with  Mr.  Neaie,  he  being^ 
flidy  't»  husband,  since  dead^ 
ptaveniv  with  whom  I  had 
\-Bry:  re  iirat,  (I 

nti'  :ni^t)andin 

llfrcauiv  up  Muim.     After 
\  ^3K%  or  three  comuUmeuts, 
Im^^'trn  '  "♦  Mr.  Attor- 
I'lc,  to  treat 
-,       h    Neale,  l«t 
ttW^O/  to  be  paid 


by  him  that  fails.  No,  sav«  Mr,  Biyan,  I  will 
make  no  forfeiture,  but*  (  will  eeriaifity  meet 
there.  Says  Mr.  Neale  ai^iu  ;  And  I  question 
not  but  to  give  such  satisfaction,  as  M'hereby  to 
convince  you  and  my  lady,  that  this  iii  not  her 
e.<^ate.  1  should  be  glad  to  hear  that,  sayi 
Mr  Bryan ;  why  I  hope  you  do  not  think  the 
deeds  are  forged  ?  No,  says  Mr.  Neale,  I  do 
not  think  they  are  forged,  Mr.  Knowlet 
offered  me  a  long  time  ago,  to  slkcw  mi 
that  deed,  and  I  might  have  had  it  in  mv 
possession  \  but  I  would  not :  for  if  1  had,  T 
should  have  been  the  aptest  man  hi  the  world 
to  burn  it.    This  is  all  I  can  say. 

L.  C.  X  And  what  is  this  to  the  purpose, 
getillemen  ?  Alack-a*day,  this  is  t cry  thin ;  a 
slight  discourse  in  a  tarem :  how  can  any  an* 
swer  be  given  to  such  an  evidence  f  though  in> 
deed  It  dues  not  need  any.  Pray  let  not  our 
tiroe  l»e  taken  un  with  such  tritliog  stories  of 
a  oock  aud  a  bull ;  go  on  to  that  which  is  ma- 
tenaL 

Ah*  Gtn.  Now  we  ihall  produce  a  lease 
from  MarcelJus  Hail  to  one  Roper,  of  part  of 
this  eleveu  acres  and  an  halfl 

Clerk  reads,]    *  This  indenture  made  tJie 

*  13th  dav  of  November,  in  the  2d  and  3d 
*•  years  ol  the  reigns  of  our  sovereign  lord  and 

*  lady  Fhiiip  and  ftlary,  by  the  grace  of  God 

*  king  and  queen  of  Eagland^  Spain,  F*rance, 

*  both  the  T^ictlies,  Jerusalem,  and  Ireland  \  de* 

*  fenders  of  the  faith,  arch-dukes  of  Austria, 

*  dukes  of  Burgundy,  Miilan,  and  Brabatit ; 
*-  countess  of  Hupsburgh,  Flanders  and  Tyrole ; 

*  between  Marcellus  Hall  of  Hatcliff,  mitler,  of 

*  the  one  party,  and  Richanl  Roper,  citizen 
'  and  Salter  of  London,  of  the  other  party,  wit- 

*  nesseth,  That  the  said  MitrcelluH  Hall,  for  the 

*  sum  of  six  pounds  of  good  and  lawful  tiioney 

*  of  England,  to  him  by  thesaid  liicbard  Roper 
*-  in  hand  ptid ;  whereof  the  said  Marcellui 
«  Hall  clearly  acquitteth  and  dischargetb  th« 

*  said  Richard  Ro}>er,  his  executors  and  a«- 

*  signs,  and  every  of  them,  by  these  pr^enti ; 
«  hath  granted,  demised,  and  to  farm  letten,  and 

<  by  these  presents  granteth,  demisetli,  and  to 

*  farm  letteth,  to  the  said  Richard  Roper,  a 

*  parcel  of  marsh -ground,  lying  and  being  in 

<  Wapping  marsh,  at  the  eust  end  of  the  marsh, 

*  hegtnning  at  the  west  «de  of  the  well,  which 
*'  liem    by  the   v»i«y  that  leadeth   up   to   the 

<  Lynches,  esfled  8badwell,  measured  by  a 

*  strait  line  from  the  Lynches,  by  the  west  sid* 
(  of  the  well,  to  the  Thames  wall,  and  reach eth 
(  wwst  to  the  way  that  leadeth  up  into  Ratoliff 

*  high  way,  containing  by  estimation  of  mea- 

*  sure  seven  acres,  litue  more  or  less,  aud  t)ie 

<  pond ;  all  which  marsh -land  ahutteth  north 
*-  upon  the  Lynches  of  the  dean  and  chapter  of 

*  the  cathedral  church  of  ^  Paul,  and  Mutli 

<  upon  the  Thames  wall ;    and   also  all   tht 

*  Thiuoes  wall  bidongtng  to  the  ocvea  acres 
'  with  the  foreland  and  soil,  down  to  the  low- 
'  water  mark  ol  the  ri*er  of  Tb  '  ^'-  •  -V  whicb 

<  marsh-lauds  ore  lying  in  th«  in:inor 

*  of*  t^tebunhcsath,  aliaa  K^piK  v,  ..  -..v  touuty 
*•  of  MidJleiex  ^  to  bave  aod  to  bohl  t|M  said 


1 

1 


SSri        STATE  TRIALS.  36Cuabi.K8  II.  l6%i^Tke  U^  liy^t  TrU,        [fitt 


'  parcel  of  inMnBh*g;roiind.  will,  forduid  mmI 

*  foil,  with  the   apparleDtiioes,  to  the  nid 

<  RicbanI  Roper,  hia  «Jcecuton  and  aasigiia, 

<  from  the  feast  of  the  annunciation  of  our 
«  Uened  lady  St.  Mary  the  viigin,  next  coming, 

<  unto  the  end  and  term  of  four'and-twenty 

<  Tcara  from  ihenoe  next  enmunr,  and  fully  to 
«  be  completed  and  ended ;  yieMing  and  pay- 

*  ing  therefore  yearly,  during  the  wid  term,  to 

*  the  said  !klarceUu8  Uall,  hia  execnton  and  as* 
'  fu^s,  three  pounds  of  good  and  lawful  mon^ 

*  of  England,  atibur  lerma  of  the  year. — 

L.  C.  J.  What  date  is  4h»t  deed  of  ? 
CUrk.  The  ISth  of  Norcmber,in  the  2d  and 
9d  years  of  king  Philip  and  queen  Alary. 

Ait,  Gen.  Now  we  shall  read  Stqpluna's 
license  to  Uall,  to  alien  his  term. 

CUrk  reads.]  '  To  all  manner  of  people  to 
whom  this  present  writing  shall  come;  I 
Thomas  8tcpkins,  alias  Stipkins  of  the  parish 
of  St«bunheath,  alias  Stepney,  in  the  county 
of  Middlesex,  beer-brewer,  send  greeting  in 
our  I^rd  God  everlasting.  Whereas  I  the 
said  Thomas  Stepkins  on  the  16th  of 

April,  in  the  sixth  year  of  Edward  the  Sixth, 
have  betaken  eleren  acres  and 

a  half  of  marsh -land  with  all  the 

bank  with  tlie  foreland  and  soil, 

down  to  the  |pw- water  mark  of  the  river  of 
Thames  that  he  shouid  notation 

or  assign  the  said  lease  or  term  of  years, 
without  the  special  license  or  consent 

Now  know  ye,  That  I  the  said  Tho« 
mas  Stepkins,  for  divers  g(K>d  causes 
give  leave  and  licence  to  the  said  Marccllns 
Ilall,  to  the  right  wonfliipful  Mr. 

deap  of  the  ratlic^ral  cliurcli  of  St; 
Paul  with  the  wall,  ibreland  or  soil 

under  such  covenants,  as  is  reserved 

ami  containiHi ' 

Mr.  IVilliatns.  I  would  ask  Mr.  Danistcr 
something  about  this  d«e(! ;  hiok  upon  it.  Sir. 

AiL  Gen.  We  have  not  done  \\\\\\  turn  yet. 
Pray  take  tliat  deed  out  of  his  hand. 

Serj.  Vcmberton.  You  will  let  him  give  50mc 
account  of  it  first,  Mr.  Attorney. 

Ait,  Gen.  You  wimld  fain  <yjnfound  him. 
Siirj.  Fembcrton.  He  is  coni'uuniied  «:'nou(j;h 
^reaily. 

Sal.  Gen.  Now,  Mr.  Ikinister,  you  have  con- 
sidered of  it ;  pray  once  iu*Mt:  look  upon  the 
deed  again->-(uhi«h  ht*  diil,)-.\Vas  that  deed 
one  that  you  signc<l  then  or  no  ? 

Banister.  This  is  inv  nuuie,  hut  I  rnmint 
find  the  date  of  this  dr<;(i  in  my  pH|ior.  1  t^an- 
Qot  tell  now  wlifther  it  Ik^ohc  I  foiuidthcn  or  no. 
Soi.  Gen,  I^id  you  si-x  your  Itnnd  to  any 
deeds  that  were  found  tlierc,  which  you  did 
not  set  down  in  your  paper  ? 

Jiunisitr.  No,  not  that  I  know  Qt^  I  do  not 
know  I  did. 

L.  C.  J.  Prythee  where  didst  thou  set  thy 
hand  to  that  deed  ? 

IkiHiiler.  I  set  my  hand  to  the  deeds  that 
were  found  there  at  the  bouae. 

L.  C.  J.  Did  you  set  yonr  hand  t»  bom  else 
M  wkm  WOK  ftiBid  tkot  r 


Bmnuier,  I  hare  wtt  hry  hand  to  direift 
^s  beside^  but  they  «re  none  of  thoK  deeds 
thai  are  in  mv  paper. 

L.  C.  J.  Where  did  you  Ml  your  hand  to 
any  deeds  besides? 

BonAsfer.  Toditen  fleeda  i  ha««  Ml  my 
hand  at  home. 

L.  C.J.  Hare  yon  to  any  reklingtoihe 
httds  in  question  f 

Bttnisier.  I  do  not  know  thai  I  have  srtny 
hand  to  any  deeds  ndalii^  to  the  lands  is 
question,  but  att  Mr.  Knowles's. 

L.C.J.  To  what  pui|i08e  did  yon  set  year 
hand  and  name  to  die  deeds  yoa  Ibond  tt 
Knowles's. 

Banister.  To  the  same  intoil  to  tastUy  tbt 
I  was  at  the  finding  of  them. 

L.  C.  J.  To  what  eiid  dkl  yoa  ssl  yoor 
hand  to  any  other  deeds  ? 

Banister.  To  the  intent  that  i  kaew  bsMsr 
where  the  hmds  did  lie  than  she  dkl ;  adi 
when  uiy  lady  found  any  deeds,  1  set  my  lint 
to  them,  and  then  found  the  places  whoe  ibt 
lands  lay. 

L,  C.  J.  Thou  hast  had  a  fair  time  to  ooaa- 
der  of  that  deed;  canst  thou  seeheretovtot 
place  that  deed  relates,  by  this  mark? 

Banister.  1  cannot  find  the  date  of  thedcd 
in  my  paper. 

L.  C.  J.  But  where  do  yoa  thmk  yoo  M 
put  yonr  name  to  that  deed  ? 

Banister.  I  cannot  tell  whether  I  did  it  it 
that  time  or  no ;  but  this  ia  my  name. 

L.  C.  J.  I  know  thy  name  la  there,  wu;  I 
read  it  two  houra  ag^o :  but  did  yon  putjfstf 
hand  to  that  as  one  ot  the  deeds  that  you  Im 
in  September,  1682,  when  you  were  at  Mr. 
Knoi%les's  or  not? — Banister.  I  cannot leU. 

L.  C.  J.  Dost  thou  believe  thou  didst  not? 

Banixfer.  I  cannot  tell. 

L.  C.  J.  Canst  thou  tell  the  reason  iky 
thou  didst  s(>t  (hy  hand  to  it  ? 

Bttnisttr.  Certainly  because  I  was  atdtt 
iin^ioflf  of  it ;  1  know  no  otherwise. 

S^rj.  Ptmberton.  Now  pray  look  upon  thi» 
deed  (shewing  him  another)  and  see  whrfkff 
that  Ik>  your  name  or  not  ? 

Banister.  Yes,  my  lord,  I  will. 

Hferj.  Fcmberton.  is  that  your  nanieP  ' 

Banister,  Yes,  it  is ;  this  is  one  of  tbe  diM 
that  was  found  at  Mr.  Knowlea's. 

StTJ.  Fimbcrion.  You  said  so  as  to  the  cA« 
two. 

Att.  Gen.  But  he  was  not  so  positive  is  it 

Banister.    This  is  rat-eaten,  and  so  I  kijj 
it  again ;  and  there  is  a  rat  -eaten  deed  •■   * 
down  in  my  pn[>€r. 

L.  C.  J.  liCt  him  be  as  positive  as  beVPi 
lie  has  licexi  forsworn  five  times. 

Sot.  Grn.  He  wis  cenfbimdcfl  witba**^ 
take  of  the  deeds,  he  having  set  his  hand  to  i* 
many. 

I^  C.  J.  They  are  perjured  both  of  ibtft 
plainly ;  that  is  the  trum  of  the  matter. 

Ait.  Gen,  I  hope  the  folly  of  our  wUuiB*. 
in  such  circnmstonces,  shall  not  rob  us  of  itf 
own  hud,  and  that  tt  sppenrs  to  bs  pUaly* 


iTBTBiJdJ^  96 CMA^hW  n.  l6U^forgf€tdniti4(fSJ^^      [50O 


God  forbid  bat  yon  should  hare 
lai ;  hut  by  the  ^race  of  God,  if  I 
JOB  tball  never  hsTc  a  foot  of  land 
ing  and  perjory. 
tfjtt.  WheB  did  you  And  tbat  deed? 

The  16tl»  of  88|iteinber. 

mi.  Where? 

In  the  f|;arret  at  Mr.  Knowles's. 

mu.    Are  you  sure  of  it  ? 

Yea,  I  am  sure  of  that  deed,  be- 
at-eaten. 

MJM.  Knowles,  pray,  do  you  look 
at  my  you  to  that  deed  ? 

This  IS  mv  hand,  and  this  is  one 
I  that  was  round  there  at  that  time. 
iawa.    Pray  read  the  date  of  that 

ids.]  *  TBis  indenture,  made  the 
if  November,  in  the  2d  and  3d  years 

ind  Mary * 

thertOH.  That  is  a'^Wl  from  Mar- 
to  Roper  y  how  AioCld  that  come 
LOwles^sP  |# 

Thev  have  sworn  it.  '' 
u  Tney  go  about  to  blemish  dur 
0  fbUy  of  our  witnesses,  which  we 
I,  lYe  however  leave  the  deeds  to 
ad  let  tHem  see  if  those  seals  and 
a  look  like  counterfeit. 
Well,  go  on,  the  jury  will  have 
rhb  them. 

k  My  lord,  we  did  before  prod  dee 
ice  from  Richard  HiU  to  Stepkins. 
Dt  there,  that  oonveyanee  had  no 
itf  mi ;  thereupon  there  was  a  fine 
ry  by  the  heir  of  Hill ;  and  what 
of  that,  will  appear  by  tho 


lida *  This  indenture  made  the 

of  November,  in  the  Hth  and  6th 
lie  raigns  of  our  sovereign  lord  and 
lip  and  Marv,  by  the  grace  of  God 
qurcQ  of  Enfi^and,  Spain,  France, 
Stcilies,  Jerusalem,  aiiu  Ireland,  de- 
r  the  fhith  ;  arch-dukes  of  Austria, 
'  Bttqp[undy,  MiUan  and  Brabant ; 
'JIaspunr,  FUmdeTsaiHlTvrol :  he- 
lper Hill,  son  and  heir  ot  Richar<l 
i  citixen  and  merrer  of  Ix)n(lon,  of 
Mty  ;  and  Machc^Hne  Stt^pkins,  late 
eseeotrix  of  the  last  will  and  testa- 
rhofnas  Stepkins, .  and 

pkino,  son  and  heir  apparent  of  the 
■no,  of  the  other  |>arty,  witnesseth, 
■CM  tbe  said  Richard  Hill,  father  of 
iMpor  amounting  in  the 

I  mm  of  3,000/.  by  the 

And  where 
concerning  all  that  parcel 
untu  St.  Kathe- 
HihdM  nid  Richard  Hill  bought 
IktVuidevdelf  for  the 

jjtjfcnt  Wapping-marsh,  the  saki 
*>^  itaMlo  boimd  in  an  obligation 
Afifttf  that  he  should  make  by  a 
'-djji^  onre,  sufficient,  inde- 
'•  ••^HiA  in  all  those  parcels  of 


'  marrii-land,  \ymfC  ^^  Wapping-marsb ;  thai 

<  is  to  say,  all  tnat  with  six  acres 
'  of  marsh,  now  in  thetennre  or  occupation  of 

*  one  Kuevett,  or  his  assigns,  and  all  those 
'  lying  in  the  east  and  in 
'  the  tenure  of  one  Miller;  that  is  to  say,  all 

*  the  bank,-  containing  by  estimation  three  acres 
'  and  an  half;  and  idl  those  next  acyoining,  by 

<  measure  six  acres  or  more  and  two 

*  acres  by-  estinmtion  of  measure  lying  in  the 

*  bottom  of  the  Lynches,  and  reacheih  firom 

<  the  Lynches  to  the  island  by  the  pond ;  and 

<  also  tnat  parcel  diviiled  into  twain 

*  six  acres;  and  also  that  holds 

<  in  his  own  hands ;  that  is  to  sav,  all  that 

*  parcel  with  the  island  and  pond, 
'  containing  by  estimation  of  measure,  five 

<  acres  and- of,  and  in  all  those  parcels 

<  lying  on  the  west  side  of  the  [lond,  containing 

*  in  the  whole  sixteen  acres  by 

<  measure ;  all  which  said  sixteen  acres 

« to  Oravel-lane,  the  said  Robert  -Hill  had  in 

<  his  own  occupation  reaching 

*  to  Gravel- lane,  sometime  plowed'  and  sown 

<  by  one  Richard  Clayton,  and  now  in  the  oc- 

<  cupation  of  one  Cooper,  butcher,  and  lyug 

*  on  the  east  side  of  Gravd-lane  towards  Lon- 

<  don  fields,  which  was  conveyed  to  him  from 

<  one  Richard  Tyrrell ;  and  also  all  that  marsh 

<  in  the  tennre  of  one  Clayton,  butcher^ 

'  one  William  Connd,  butcher,  seventeen  acres 

<  and  of  Edward  Ash,  four  acres ;  and 

*  also  all  the  lands,  tenements,,  rents,  houses, 

<  ponds,  fishings,  mills,  to  the 

*  low- water-mark  of  the  river  Thames,  and  all 

<  trees  For  the  appeasing 

*  all  variances  and  suits,  the  sud  parties  to  this 

<  indenture  have  folly  condescended  and  agreed 

*  in  form  foltowing ;  that  is  to  say,  the  said 

<  Jasper  Hill,  for  the  sum  of  1,S00/.  of  lawful 

*  money  of  England,  in  which  he  acknowledg- 
'  eth  himself  to  be  truly  indebted  to  the  said 
'  Macheline  and  Jolm  Stepkins,  doth   give, 

<  grant,  bargain,  sell  to  the  said 

<  Macheline  and  John  Stepkins  all 

<  the  sM  marsh  ground  lying  in  Wapping- 

<  marsh,  with  all  manner  of  lands,  tenements 

<  forelands,  ways,  trees  to 

*  tlie  low- water- mark  with  the  ap- 
'  purteiiances  lying  and  bemg  in 

*  without  or  elsewhere  withm  tlie  parishes 
'  then*  heirs  and  assigni  for  ever, 

<  all  tlu^  right,  title  together  with  all 

*  evidences  and  writings .  disciiarged 

*  of  all  former  charcfes,  incumbrances 

*  by  the  said  Jasper  Hill.' 

Atl.  Gen.  Next  we  shall  shew  that  Mar^ 
cellus  Hall,  tliat  had  this  long  lease,  and  had^ 
demised  the  seven  acres  down  from  Shadwell 
to  Itoper,  doth  on  the  14th  of  November,  in 
the  5th  and  €th  years  of  Philip  and  Mary,  sur* 
render  the  remaining  tbtir  acres  to  liiomat 
Stepkins ;  and  then  we  sbiill  shew  it  was  de* 
mistsl  to  Fox,  who  was  the  first  builder  and 
made  Fox's- lane. 

Soi.  Gen,    Your  lordship  doth  observe,  thtt 
the  licence  was  to  assign  the  wtioli  de? « 


591]        STATE  TRIALS,  36  Chaelbb  U.  IbSA^Tke  Uig  li^t  TriaU       [598 

'luty  reoorertothem 

*'  br  writ  of  entry  lur  dineinn  in  Ic 

«  post,  to  be  boil  against  thesaid  Macbeline  and 
'  John,  before  the  queen's  maiesty*a  justioci 
*  of  the  Common-Pleas  at  Westminster,  foi 
'  that  time,  bebg  according  to  the  use  of  fbrmei 
'recoTeries  pne    hundred    acres  ol 

'  tiresh  marsh,  witliin  the  parishes,  towns  fields 
'  And  it  was  fully  agreed 

<  between  the  said  parties,  that  the  said  reco- 
«  very  sliould  be  tO  the  uses—' 

3Ir.  WiUiatnt,  Mr.  Banister,  pray.  Sir,  look 
upon  this  deed,  and  see  whether  your  name 
be  to  that  deed  or  no  F  (Shewing  bun  the  Sur- 
render of  Hall.^ 

Banister,  This  is  my  name. 

Mr.  Williams.  Was  Mr.  Knowles's  hand  to 
that  cheed  ?-^BanisUr.  I  cannot  tell. 

Sen.  Fcmberton,  Did  not  he  and  you  pm 
your  hands  together  to  it  ?' 

Banister,  1  did  not  make  it,  1  did  not  foige  it. 

Serj.  Pemberton.  No,  I  donottliink  yon  did, 
you  have  not  brains  to  do  it. 

Mr.  Williams,  Where  did  you  find  that 
deed  ? 

Serj.  Pembertonm  How  came  you  to  |»at  your 
hand  to  it  ? 

X.  C,  J.  Is  it  one  of  the  deeds  of  punduie? 

Serj.  Pemberton,  Yes,  it  is ;  and  therdoie 
we  would  know,  since  Mr.  Knowlea*snamcists 
it,  how  it  came  there. 

X.  C,  J.  Is  it  the  surrender  made  by  3br^ 
cellus  Hall  to  John  Stepkins  ? 

Mr.  Williams.  Yes,  my  lord,  it  is. 

X.  C.  J.  Let  me  see  it — ^liis  name,  I  bdiere, 
has  been  there. 

Mr.  Williams.  Do  you  know  any  thin^  of  the 
rasing  of  it  out? — Banister.  No,  not  1. 

Mr.  Williams,  You,  Knowlcs,  were  you  st 
tlie  finding  of  tliat  deed  ? 

Knowles,  I  set  my  hand  to  none  but  whit  I 
found. 

X.  C.  J.  But  what  do  you  say  to  that  deed  f 

Knowlcs,  I  do  not  remember  this  deed  at  iD ; 
I  cannot  say  any  thing  to  it. 

X.  C,  J.  Was  your  name  to  it  ? 

Knowlcs.  Here  is  my  name,  but  1  do  not 
know  who  put  it  there. 

X.  C.  J.  Is  that  your  writing,  Banister  ? 

Banister.  That  on  the  backside  is.  ■ 

Mr.  WiUiams.  Look  into  your  note,  that  yoo 
may  not  out-run  yourself.  Why  did  you  set 
your  hand  to  it  ? 

Banister,  I  suppose  it  was  one  of  the  decdi 
found  there. 

Mr.  Williams.  How  should  it  come  there- 
]t  belonged  to  tne  |iiirchaser.  , 

Alt,  Gen,  Now  we  shall  go  to  matter  ot 
record  again.  Richard  Hill,  it  seems  beAs« 
tlie  leuse  made  tu  Murcellus  Hall,  entered  iirt* 
a  reco<>^nizance  in  4  £liz.  this  is  cxteuded,  sad 
that  will  blicw  it  to  be  Kichard  Hill's  estate. 

Mr.  Powis.  (Jan  you  object  any  forgery  <* 
reoordbi  pray  ? 

Sol,  Gen.  IVay  Sir,  look  upon  that  (to  tt» 
Wimess);  where  did  you  ezamuie  that? 

Witness.  I  examined  this  «l  the  RoUSi 


acres  and  an  half;  hut  he  did  assk^  but  seven. 
Clerk  reads.]    *  This  is  dated  on  the  14th 

*  of  November,  in  the  5th  and  6th  years  of 

*  king  Philip  and  queen  Mary. 

*  lx>  all  whoni  this  presmt  writing  shall 
'  come ;  I,  Marcellus  Hall,  of  Ratcliff,  miller, 

<  send  greeting  in  our  Lord  God  everlasting. 

*  Whereas  Thomas  Stepkins  hath  by 
'  his  indenture,  dated  the  HOth  day  of  April,  in 

*  the  6th  year  of  king  Edward  6,  let  to  me  the 

*  said  Marcellus  Hall  on  the  west  aide 

*  *  with  the  Thames  wall  thereto  belou^- 

<  ing,  wiih  the  foreland  and  soil  tor 

*  one  hundred  and  twenty  and  eight  years : 

*  know  ye  tliat  1  the  said  Marcellus  Hall,  lor 

*  the  sura  of  30/.  of  good  and  lawful  money  of 

*  England  in  hand  paid  have 

<  by  these  presents  remised,  released,  and  ab- 

<  sdutely  confirmed,  to  the  said  John  Stepkins, 

*  Ills  heirs,  executors  and  assigns,   all  such 

<  estate,  right,  title,  interest,  term  of  years, 

<  estate,  property,  claim  and  demand,  which  I, 

<  or  any  person  to  my  use,  have,  or  ought  to 
«  have,  or  at  any  time  shall  to  have 
^  in,  or  to  four  acres  of  marsh -ground,  abut- 

*  ting  east  on  the  green  bank,  or  way  tlirougii, 

*  six  acres  l^ing  up  to  Kateliff  way,  which 

*  way  adjoineth  to  tne  west  side  of  the  lands 

*  in  the  occupying  of  Roper ;  which  said  lands 
'  was  made  over  with  the  leave  and  Uccnee  of 

*  the  said  Thomas  Stepkins,  to  the  right  wor- 
'-  shipful  for  the  term  of  nuiety- 

*  three  years ;  and  west  on  the  field,  in  tne 
^  occupying  of  John  north  on  the 

*  Lynches,  and  south  of,  in,  or  to 
*■  the  Thames  wall  abutting  east 
'  on  the  south-west  way,  as  aforesaid 

*  down  fo  the  low- water- mark  of  the  river  of 
'  Thames  So  tliat  neither  I, 
"  ray  executors  or  assigns,  any  right,  claim, 

*  demand  or 
^  any  pait  thereof                           but  from  all 

shall  be  utterly  exclude  and 

'  debarred  for  ever ' 

Att,  Gen,  Here  is  a  fine  levied,  Quiu'  Trin* 
3  Eiiz.  they  had  best  ask  where  that  was  found 
too!  Is  not  that  forged  i* 

[The  Fine  was  read.] 

Sol.  Glh,  Here  is  a  recovery  also,  and  a 
ileed  to  lead  the  uses :  in  which  recovery  the 
tenants  vouch  Jasiier  Hill,  who  voucheth  over 
th%  conomon  vouchee. 

[The  Recovery  was  read.] 

X.  C.  J.  l^^d  your  deed  to  lead  tlie  uses. 

Clerk  reads.]  *•  This  indcuture  made  the 
'  12th  day  of  May,  in  the  fourth  year  of  tlie 
'  reign  ol  our  sovereign  lady  Elizabeth,  by  the 
'  grace  of  God,  queen  of  England,  France  and 
'  Ireland ;  defender  of  the  faith,  &cc.  between 

*  Macheiine  Stepkins  of  tlie 
<  one  party,  and  Edward  Buggin 
*•  Where  it  was  concluded,  fully  condescended 
'  and  agreed  between  the  parties  to  this  inden- 
'  turcy  that  they  the  said  Edward  Buggin 
'               should  in  thstena  of  th«  Holy  Tri- 


TE  TRIALS,  36  Charlks  II.  ]  684.— /or  great  Pari  oj  SkaiufeU.    [504^^ 


w.  Is  it  a  true  copy,  upon  your 
».  Itu. 
nd  it. 

I  is  tested  at  Westminster,  17 
And  here  is  a  .  inquisition  taken 
il,  in  the  same  vcar. 
We  will  reuif  that .  part  of  the 
lat  concenis  our  .jquestion  ;  for 
i  is  only  in  question  now.     (It 

Fas  this  produced  at  the  former 

Tiair 

9y  1  think  not   io  Michaelmas 

lien  we  sliall  shew  an  inqui&ition 
ssion  of  Hewers. 

The  laud  in  question  is  every  font 
larsh;    and  that  they  must  ac- 
iy  have  no  title  to. 
ns.  Tiiis  is  an  inquisition  which 
taken  a  commission  of  sewers, 
icw  Imw  that  cumes  to  lie  in  a 
for  it  is  the  original  inquisition, 
■emaiu  with  the  ulBccr. 
The  whole  interest  of  the  marsh 
cfore  it  might  well  be  lefl  with  us. 
irton.   Umier  favour,  good  Mr. 
h  thinss  should  be  kept  by  tlie 
iminissioners. 
How  many  trials  has  this  been 

Tton,  With  submission,  my  lord, 
produce  bfiu^  an  original,  may 

le  uiuler  (^rcat  suspicion,  in  re- 
to  be  brought  in  by  the  ofHqcr, 

idy  it  ought  to  remain. 

mi.  It  is  not  a  thiug  of  bare  in- 

I  party  and  partv,  but  a  thing 
tiic  public,  and  therefore  .shouM 

the  officer's  ciKKMly. 

«ad  it  dc  bene  em.;  let  us  sec 

My  lord,  I  would  osk  IMr.  Sulton 
ironuied  and  read  before  the  trial 
is-termlaNt? 
was  produced  in  court  twelve 

^as  it  allowed  as  evidence  t 
a,  constantly. 
Pray  rea<l  \X. 

m.  Fray  who  has  had  it  in  kccp- 
liie? 

f  lady  Ivy  brought  it  to  me  nmoiig 
it  first, 
bead  it. 

Bi,]  'The  verdict  and  present- 
toe  jurors,  as  well  of  all  d('tects, 
,.  within  the  limits  or 

Wapphig,  and  Wuppinginaish 
.mia  to  the  mill  at  UHtclili;  that 
•  fOth  of  December,  nnTH>  dom. 
rthe  14th  year  of  the  queen's  ma- 
itketnow  is. 

■  of  the  treeholders  within  Wnp- 
fWn^  the  number  uf  ucres  con- 
A  the  fail)  marsh,  with  all  the 
'    ithereof. 


*  First  John  Stepkins,  gent,  freeholder,  for  a  ' 
'parcel  containing' twenty -two  acres,  in  the 

*  tenure  of  Uichurd  £w  Benedict 

*  Gent. 

Ati.  Gen.  You  may  skip  over  a  great  dcol 
and  read  only  that  which  conduces  to  the  qnr%-  ' 
lion. 

Clerk.  No  one  can  read  it  very  well,  I  think. 
(Reads)  *  On  the  west  sideofCiraveMauef  con-  * 

*  taining  68  acres'— Is  that  it  ? 

Att.  Gen,  No,  go  to  the  tast  sttie. 

Clerk  reads.]  •  Freeholders ;  one  paiwl  eon- 

*  taining  ten  acres,  in  the  tenure  of  John  KodgcS 

*  and  John  Gee,  John  Stcjihins,  gem.  t'^o  par-  ' 
*'  eels,  containing  twenty  acres,  in  iho  iciiiirA 

*  of  Jphn  Cooper,  and   John  Hardiufri  John 

*  Hlepkins,  gent.    One  parcel,  cnntaiiiuig  four 

*  acres,  in  flie  tenure  of  JoUu  Stepkins.  One 
'  parcel,  coutaiifing  twelve  acres,  in  tlie  tenure 

*  of  John  Roger  James,  fieehobier. 

*  Two  i»arccl8,  conUining^  six  acivs,  Robert 

*  Hemmings  arfd  John  Su>]»kins.  One  parcel, 
*'  containing  one  acre  and  ah  half,  R(t;hard 
^  Roper.     One  parcel,  containing  six  acres,  in 

*  the  tenure  of  Richard  Roprr. 

*  Atl  which  parcels   be  on  thn  cast  part  of 

*  Gravel-lane,  containing  sixty  acjcs.'  Then 
here  is  somewhat  interiiiietl  and  struck  out 
again. 

Mr.  Williams.  This  doth  not  concern  the 
church. 

Ac.  Gen.  No  more  it  doth  not,  as  you  say, 
indeed  ;  for  they  cannot  claim  any  of  t&c 
nianKh.  Now  we  shall  .shew  a  warrant  three 
yeare  after,  from  the  commissioners  to  surrey. 

Clerk  reads.]  This  is  dated  the  18th  of  July, 
in  tile  ITtli  year  of  the  most  prosperous  Vi'igu 
ol'our  sovereign  lady  ElizaUnh,  by  the  grace 
of  (;od,  6cc.     And  i\  is  directed 

*  To  our  well  beloved  J<ihn  Stepkins  and 

*  John  Osboni,  surveyors.  Where;!s,lheqnei»:i*s 

*  majesty  by  a  commist^ion  o'.  si'WA-rs,  l-aring 

*  date  j!.«  23d  day  of  Apr:!,  in  tliC  >(«?•  of 
'  her  reign  ;  huth  outlinii:ol  n?  to  Fi:r\cy  and 
'view  fn:n   l*utl'>lphs-uhi\rl  by 

*  St.  Katherine\s,  mar  t'.- Tow*  r  of  i/jndou 
'  unt.)  Katrliir-miii  not 

'  only  to  eonsi«ler  of  ilif?  (1.im\s  and  ruins  of 

*  theVame,  hut  also  to  taki?  dr.ler  <» :  the  speedy 

*  repairing  a>  to  n-i.r  (li^-OtL^llons 

*  shall  wem  good  ^\  e,  there* ore, 

*  siifliciently  informed  of  your  wisdom  air.l  <lis- 

*  erelion,  appoint  you  sur'uvors  v.ill  t!;r 

*  and  commanding  you.  by  virt-.ie  of  tlio  s.iul 

*  commission  to  siv  u hether ;li..'  wdi k 
'                   be  nccomplislud  ai'CorIin.r  to  MH'h 

*  onlinances  anri  decrer*s  as  \^v  have  ajij'«,:ht»-d, 
'and  from  time  to  tim»r  i;h:dl  make  and  an- ' 

*  point ;  and  to  see  wLo 

*  we  have  made  ex  pen  di  tor  for  stirh  sru:^  of 

*  money  for  the  payment  or\*«okini  ii 

*  may  by  y<mr  warrain  bf  dis'.niMjl  ^tnd  payed 
'  aeeonluigfy  ;  and  fuMJicr,  vo  give  >uu  p<iwet 

*  and  aiithUriJy  to  gi^j  to  pnn  iHe 
'  for  a  eon r^jel Lilt  '  and  salary,  t-i  rr^i- 
'  sonah'.o  prit-vs,  :•]!  vo:!:u>ea            b-jJi-..  Ir:;h- 

*  ters,  carts,   c:i:ii?jf"'f,  trtf*--*,   |  -.«= 


fe 


583]         STATE  TRIALS,  $6  Charle*  XL  iSU^—The  Ladtf  /ryV  Trimt,        [599 J 

Mr.  Wiiifams,  I  know  not  «rlk%t  TOii  fbifsj 
or  do  Dot   forge  ;    pray  read    it,  let  m  i 


I 


an  to  your  f^od  tliscretion  ihaH 
feein  mi^  ;  and  for  your  bo  doing,  Uiia  shall 

\o\\T  satBcierit  \varr»ml,* 
Ait.  Gin.  U  e  ihall  now  go  a  step  fartJier, 
UK  I  opencni  ia  the  iM'ginnitiGt,  and  diew  iliat 
thin  1V8R  inorl|^avr*^  ^y^^I»^'*ns  to  lli^  queen, 
and  0  fine  was  leiieil  upon  tuat  uiort|^v, 

CUrk  rends,!  ♦  This  iudeuuine  made  I  he  4lh 
'  4«y  i»f  June,  10  ihe  loth  year  of  the  rei^^n  of 
•our  ao^cieicn  lady  EHzaheth,  *5ce.  bolweeti 

*  the  rl^IithotiiHiraldesir  Wdliatn Cecil,  knighr, 

*  lonl  Burleigh,  end  lurd  high  treasurer  ol 
'  England  ;  the  rie;ht  honoumbte  and 
•-oaeoi  her  Kighnesi»^s  iimsit  honauraUle  pri?y- 

*  council  ;  sir  Gilbeil  CienmJ,  ktii^Ut,  her  ma- 
*jfsly's  fcUorney '  g^neml^  for  and  on  bebajf  of 

*  the  que<.'irs  majesty  ^  and  to  her  use,  of  the 
'  one  j>arty»  and  John  Stepkios 

*  Whereak  Williara  i*at  one  of  the  tellers 

*  at  and  iij»on  the  deiern>inaHoQ  of 

*  kifi  accounf^  made  and  ended  at  the  25th  day 
'  of  Deceinher  ii  indehleU  in  the 
*■  fum  of  7,92a/.  71.  lid.  ob.  '  And 
^whereas  our  said  sai  erei;4n  lady  the  queeu 

*  the  16th  day  of  June,  ui  the 

*  9tb  y«»r  of  her  reitfii,  halli  rouimanded  ihe 

*  said  sir  William  Cei.il  sir    Gilbert 

*  Gerar<l»  and  sir  Tbouias  Bromly 
"o  tuketirder  IVfiin  time  to  time 

t'ith  so  many  of  the  debts  owin^,  or  that  after 
ihould   be  owin^  and  for  the  sure 

_  'payment  and  contcntation  of  theaaid  sum  of 

*  7,928/.  7i,  11  J.  ob.  roreuanteth 

*  with  them  the  said  tliat  he  the 
'said    Juhn    Ktepkins,    hii   lielrs,    exetutors 

*  shall  und  mM  not  only  satisfy  and 

*  |»y  the  said  stun  into  the  receipt  aforesaid 

*  but  aliio  ffir  the  better  settlement 

*  shah  and  will  make,  and 

*  cause  to  be  made  by  one  fine  in 

*  good  ibrni  of  law  of,  and  in  one 

*  close  within  the  parish 

*  tuanor   of  Yewel    and    one    jfieat    garden 

*  And  of^  and  in  one  It^ocmcnl,  v/'wh 

*  the  appurtenances  in  now  in  the  uc- 

*  cupalion  of  John  Stout  ;  and  19  acrt?s  of 
'  meadow  in  \Vajipinar-mnr?ih,  parcel  of  the 
-  laid  njajior  Richard  Roper/ 

Att.  Gen.  Where  is  the  copy  of  the  fine  ? 

Sutton,  Here. 

Chrk  reads.]  *  This  ia  the  final  concord,  &c. 

*  Mens-  Mich.  14  Eliz/ 

Sot.  Of  ft.  This  WHS  afler  wards  re- granted 
from  Ihe  crown  ;  and  there  is  the  re- jf rant, 

(Which  beinjj  under  the  (jrcat  seal,  and 
listed  e  Julii,  Anno  7  Jacobi  UeKts,  w«s  i-ead.) 

Att,  Gen,  l\rt  of  tliiji  man>K  uaa  by  our 
ancestor  cooveyeil  to  one  East, 

L.  C,  /,  Ay,  I  haie  the  note  of  such  a  con- 
vey agc^  m  njy  notes  of  the  last  IrUl. 

Att,  Gta.  itlx,  8uttau,  i&  Uiat  a  true  copy  ? 

SuttoH.  Ye«,  it  is. 

Mr,  WiUmmi.  A  copy  of  what?  Where  did 
you  examiuc  it»  8ir  ? 

istUdn^.  At  the  Uidls  Chapel. 

Att^  O^n,  lti«:adee<l  enrolled,  -Anti  1  hope 
%i>u  do  itot  think  tk«  record  id  furg«d,  Mj 
niilutuiJL 


what  tt  is. 

(The  copy  of  a  deed  enroU^.d^  dated  27  Jaly, 

3  Eli/,  Man  read.) 

L,  C.  J.  Then  the  next  ihinif  that  v**"  prft* 
duced,  was  a  b<i»d|  daleil  the  ^5th  of  .tantiAr?, 

4  Eli z.  wherein 8t('pkin?>:  w 
who  was  admitustnitnr  oi 

upon  theiTCO£fQi£ane(vof  lii.ii(>  nmu 

Alt.  Gen,  We  did  so,  my  brd  ;  but  tbil 
we  cannot  now  readily  And,  I  tbtuk :  hm 
however  in  Spintdti*s  diicharg'e, 

Ulcrk.  *  This  is  signed  by  me  Benedict  $pi- 
*■  nola,  and  daial  tl»  25lh  of  Veh.  1561/ 

Att.  Gen.  Here  i^  the  bond ,  read  the  ooodi* 
lion  of  it,  lliougrh  it  is  not  materiaL 

X.  C.  J,  That  is  true  ;  but  it  was  tt«d  ibi 
last  time,  1  lind  by  my  notes. 

Clerk,    This  is  a  bond  of  300/.  •  The  eMuH- 

*  Uon  of  this  obligation  h  such.  That  wliarsti 
*■  one  recof^nizance,  made  and  entereil  Uj  Ri* 

*  charti  Hill  3  Dec.  in  Uje  3'id  v«f  «*^ 
*■  the  tate  king  Henry  8.  taken  and  ackito^* 

*  ledged.' 

Att.  Gen.  There  is  enough,  for  it  makes  aal 
uU  to  the  puqKise,  but  to  coutirin  the  beli^  «f 
our  purchase.  Here  is  also  Jasper  Hdrsr** 
ceipt  of  the  purchase- money. 

CVerJ^  reads,]  This  is  datcnl  the  28th  oi'h- 
nnavy,  in  the    i:iUi  year  of  queen  lili^^aUth. 

*  Be  it  known  utito  all  men  by  these  prcsoiU, 

*  that  I  Jasper  Hill,  of  WornJey  hate 

*  had  bctbre  the  ensealing  hereof,  of "/ 

*  and  John8tepktD8  for  th-- 

*  of  a  certain  statute  th     '  j  w 

*  1538/.  of  lawful  raoneyofEnu  il»a- 

*  tisfaction  and  payment  ofallbu^^  |mmc««aM' 

*  moneys/ 

Att 'Gen.  Then  tlie  1  Gib  of  August,  13  J«- 
cobi.  Fox  coorcyed  to  Jobti  8tepkiiis  j  tiut 
that  islcAat  home. 

L.  C.  /.  Wei  It  then  there  is  an  end  of  ibit  i 
what  do  you  «lo  next  ? 

Att,  den.  We  have  done  with  our  etideiice 
by  deeds  and  by  record ^i,  and  now  we  shait  conns 
to  our  evidence  by  witnesses,  viva  pocf,  Asd 
lirst  we  shaU  liegin  with  M r.  Know les ;  who  trilt 
prove  the  value  of  the  land  by  the  remti, 
Hiid  particularly  what  the  renu  are  of  I>erHUck 
Hills. 

L  Ci  J.  Prove  what  you  will, 

Att,  Gen.  Mr.  Knowles,  have  you  re<?w»ttl 
the  Oean^s  rents  ? 

Knuwtcs.  For  the  use  of  Mr,  Neale  I  Uawp. 

Ati,  Gen,  What  are  the  rents  of  the  east  iidi 
of  */ock-hill? — Knennies,  About  100/.  a  v«ir, 

Soi.  Gen.  Uhat  are  they? 

Kfwwles.  Houses. 

Att,  Gen,  AllhousetF 

Kntw/iM.  St»me  hounes,  some  ground -i 

Att,  Gen,  What  is^ the  rack-rent  ? 

Kmmkx,  AlKJUt  100/,  a  yc.'jr. 

Mr.  Wtltiams,  Which  boufcs  da  yi>u  *pr 
of,  Mr,  Know  les  f 

Knowki,  On  the  east -aide  of  Cock-hiU» 

Ait.  Ctn,  Do  you  kuow  the  Ly Debts? 


t 


^iw] 


4 


STATE  Til lALS,  36  Ch aelis  II.  1 684.— /«r  great  Pari  p/  SkadmlL    [598 

Hughei,  Yes,  Sir.  thai  I  did. 

Att.  Gen.  Howftif  diilthcmarsli-groiindgfof 

Hughes.  To  Cock -hill  enslward,  as  for  as 
the  hiuiid  bridge  ;  xve^tward,  as  far  as  FoxeV 
Lune. 

Aft.  Gen.  Was  all  that  marsh -^roiin4? 

Hti^Uex.  Therivrr  of  Thames  did  How  round 
about  itf  aod  thet-c  ivcrc;  bogs,  trees  and  bushes, 
and  such  thinii^s, 

ScTJ.  Ltttwich.  Did  you  know  the  pltec 
whm'e  Rati: lift' mill  ^Utoti'? 

Htifhes,  Accordiug  t<i  refwirl  T  did. 

Serj,  Ltttwich.  Ay,  where  was  that? 

Hu^hei.  Just  at  bcll-wlKirt 

Herj.  Lutwich.  Ujjon  which   Ride  of  <^i 
liill  ?— Hughes,  In  Shudwdi  Haml^ 

Att.  Gen,  Thai  is  nght, 

Mr*  Powit.  Was  thut  like  the  atber  end  rf 
the  luarslt  ? 

Hutches,  The  river  c^me  in  there  whotly. 

Herj,  Lhtwich.  At  high  tlowi  does  the  water 
come  ill  there  at  this  timef 

Hughes,  It  did  at  every  tide  high  and  low 
formerly,  uow  it  is  damM  up. 

L.  C.  J.  Did  the  tide  come  up  to  that  yott 
call  Foxe's-lane  ? — Hu^hfu.  Yes. 

L.  C.  J.  Then  that  makes  an  end  of  ib« 
question  :  it  cannot  be  as  yon  say. 

Ait.  Gen,  How  so,  my  lord  r 

L.  C.  J.  How  could  it  be  an  overshot- mill  f 
How  could  the  iiiiU  be  turned  but  with  the 
tide  ? 

Jtt.  Gen,  Tbeir  evidence  makes  it  appear 
buch  by  the  leaden  troutjh,  which  i$j  nn  instra- 
tuent  t>eloQg^nGf  only  to  an  over«hot-iuill  ? 

L,  C.  J.  Tell  not  me  of  the  leaden  troui^b, 
Mr.  Attorney  ;  look  you  upon  the  survey  yoa 
produced,  and  take  notice  of  the  last  parat^niph, 
and  tliere  you  will  find  tlte  words,  '  Prox'  ud- 
^jacent'  cuidaui  tenemento,*  iScc.  what  wakt 
you  of  that  ? 

Ati.  Gen.  Prayf  my  lord^  let  it  be  read. 

L.  C.  /.  I  uill  in  the  mean  time  ask  your 
witness  a  question.  Friend,  thou  seeiiiest  to 
be  a  man  that  understands  somethini^.  Thou 
sayest  FoxeVlaue  was  a  hank  befure  it  wa« 
buik,  and  the  tide  before  that  time  rame  up  t<* 
that  hank,  both  high  and  low.  Now  suppose 
there  Irad  be^^n  a  mill  in  that  ground,  liuw 
should  it  have  been  driven? 

Hugh€$,  I  will  tell  your  honour:  My  lord, 
by  rejiort,  and  I  suppose  it  may  be  true,  the  mill 
stood  all  the  tide  ot  tlood,  and  when  the  flood 
was  at  high  water » there  was  a  dam  tvhicli  kept 
it  iu,  awl  it  went  out  again  at  ebb-tide,  and  so 
the  mill  was  drove. 

L,  C,  J.  There  ia  your  overshot- mill  goo« 
then,  Mr.  Attorney. 

Ati.  Gin.  If  ever  aeven  4if  eight  acres  of 
ground  can  be  tlie  appurteuances  of  a  titill,  I 
Khould  much  wonder, 

L.  C.  J.  Mr.  Attorney,  I  cun  ti  U  you  of  a 
luill  over  ajununst  this  fJuce,  which  i  myself^ 
and  we  all  can  remember.  Ati  the  estate  utioul 
it  was  ia  the  Traps  family,  he  was  a  j^euijemaii 
of  our  boufte  \  all  the  water  that  drives  that  mill* 
Mid  twa  or  three  miili  that  ierT*  Uut  fid^  oi 


dti*  O^M*  Who  roc4^ives  llie  rents  of  that 
IHMbA  f *- Kmtmftes,  M  r .  N  calc  did , 

n  i%e  you  received  the  rents  of 

.,  for  Mr.  Ncale  I  have. 
t  '(♦iie  three   toy  ether,  what  are 
^>  —J  /^/wuw/Vfr  About  !^t)00/.  a  year. 

hi  Grm.  All  this  the  church  of  Paul's 
la^  besulcs  tlie  lands  m  question. 

If r<  ll^i^liaiiif.  You  say  that  [lart   ia  worth 
mLMfrnFf-^Knavtei,  Yea. 
I    Se^.  Strimger*    Uow  much  land  might  it 

K^mria,  It  is  a  mtuter  of  the  length  of  the 

L  C*  X  And  how  broad  i%  it  ? 

Etaor/es.  Not  very  broad. 

iU.  Qtn*  Now  then  to  come  to  the  lands  in 
pvliaa  I  do  you  know  Mariner's-ttreet  ? 

Kmmin.  Yes. 

Ml,  Gtm.  Who  is  ia  possession  of  that,  and 
»*if«s  llie  fcoti  of  it  ? — Know  let,  Mr.  Nealc. 

iH,  Ora.  Wkatiay  ]f<ou  to  Griffin's-alley  ? 

Kmmin,  Home  of  it  is  in  mortgage  ;  Mr. 
Btaglon  kail  it,  but  tor  Mr.  Neale's  use. 

ilt.Gai.    What  say  you    to    the  water- 

immia.  That  Mr.  Nealo  himself  has. 

AuMcM,  The«e  are  the  thiogi*  in  question ; 
••lia  know  that  which  is  called  New ? 

ktmttt.  That  is  Mr,  Meale^s  too, 

StLthm,  Our  lease  of  l'^8  years  expired  but 
J  k  thtymr  15iK)  ;  and  we  could  not  come  at  it 
(tilm,  ttAd  we  had  it  not  till  1682  ,  and  that 
BnscfKb  liieir  )>Obsesi>iofi. 

Jtt.  Gen,  Now  we  shall  call  our  witnesses 
[liprofe  it  manh'ground.  Swear  Thomas 
[fliq[W.  (VYhicli  was  doae.)^Po  you  know 
l^wm^-m%r%U?— Hushes,  Yes. 

M  Sen,  De    you  know  the    hotues    in 

fit 

JUt,  Gem*  Do  you  know  Cock  hill? 
ZZs|irj.   Yes. 

AU.  Gem.  Do  you  know  Foxe^s  laoe  ? 
Bti§kM.  Yea  i  I  diil  ksow  it  before  it  was 


you 

".  '>''>iiseflf 

.>«»  now  in  suit  for  f 

.  w  long^  hare  you  known  them  ? 
uc-re  was  no  houses  when  I  knew 


Alt  Otm,  Di«l  you  know  the  houses  that  lay 
m  tfe<^rt  tj^f  o^  Fore's- iaxsef 
lib  ^^es  there? 

4^  i  know  auy  houses  there 

H^fSa.  I  lusow  not  what  you  mean. 

Mi,  Otm,  I  ttsk  jrOm  igain,  do  you  know 

Bmakn,  Ym  \  li  waft  a  hutk  liefbre  it  was 

I /Mr.  tki  you  know  the  Lynchea? 

l£ta.  Nay  I  let  iia4«k  hut  one  at  once, 
^w  1  win  aek  too  a  plain  question ;  did 
KlofWllMniPili  bcibftitWM  huiUupoo? 


599J         STATE  TRIALS,  3(5  Charles  IT- 1684.—/^^  Lady  AyV  TW»/, 


tii«  lido 

ll 


the  riT«r,  U  t^keit  in  ai  tlic  tide  comes  in,  and  ( 
It  pool  id  as  he  «avs  by  a  lioin  ;  and  when  they  1 
441^11  that,  the  mill  turns  bdck  ag^iiti.  Fot'l 
would  f^iii  have  uU  these  tliiiigft  ihat  seem  io 
be  d^rkf  cieared  hy  the  way  as  they  go.  I  wiU 
iUppc^  nit  the  records  you  hare  rrad  to  be 
11  _  'fiat  tl  ts  railed  Raich ff-MUl,  and 

th  the  5Irl)  bank,  and  the  Uilly-baAk, 

au  V'Wav  ;  it  is  j»lain  then,  there  was 

a  i.ir  u  lliUy 'h»j}k,  or  whatever  you 

cai!  II,     11  'i  (hut  the  thini^  DOW  iti 

3u<r«tic»ti  is   I  >    njioD   your  own  evi* 

eftOi%  there  ^i^^  Ti  itii>  ponds  and  ifutiijrs,  aod 
those  things   thai  v**:re  to   saiiuly  ibe  mitt. 
Tlrtn  mid  f'orileii  to  U*  plucked  down  and  the 
pomls  atidall  Ibcsluit^es  rome  now  to  b«  bitiU 
upon  :  ihib  \s  uul  like  your  marsh -pfitmud  that 
■^    n  the  western  pai'tot  the  bank,  hut  it  is  a 
irc'.'!  oi'  rneur^  or  marsh,  as  the  pond  and  the 
r«*»t  «tdh>d  up  by  (hose  ihin^*  ^^^^^  ^^1  ^tich 
time  as  the  mill  was  taken  away  were  rMcp- 
tacles  tiir  to  pen  u^>  the  wutiM'  that  came  in  wiih 
What  ts  the  nDeaninc^  of  llio^e  troinis 
I  y  tbat  1  spoke  ot'  hcfore,  and  the 
iiuniK  and  orchoj'dii,  and  pondv^  and 
and  all  lhrt^^•  ibinjjs  .'*     Won  Id  you 
h\s  should  alt  |Miint  to  the  aeite  ot 
'"  "^h  all  the  hoiindaries  should 
*'  1  end  of  the  mill  ? 

_     .    That  M-aj*  tlie  reasnn  why  1 
askid  hut  now,  iiow\}ti^.  ilie  whole  waa? 

L.  i\  J.  And  ^viU,  what  you  would  have, 
Mr.  Attorney,  a  lUtaii  Or  two,  ever  anawer  the 
words  iu  the  survey  ? 

Ait  Gen.  N«r  will  all  their  words  ammmt 
to  divers  e'osrs  ol'  ground,  as  this  must  maka 
ia  the^  whole. 

Si*/.  Gtn.  Their  t^venty  atn'es  elaewfaere  an- 
swers all  ihcv  can  tiaitn. 

L.  C.  J[  iiai  this  you  yourself  aay  is  the 
perrickfe-hillH,  in  «he  survey  ;  and  you  do  take 
It,  as  lw)on  ui:  the  nuU  wan  pulled  down  iu  one 
flace,  it  \%x\9  «et  up  in  another. 

AtL  (rat.  Artcr  he  hud  taken  our  lonj;-  lease 
ke  cff^f  ted  one,  we  way,  uwjn  our  ground  ;  for 
he  hdd  pulled  down  the  old  tuill^  and  lett  that 
to  t  .ii*iyr. 

Sol,  Grff,  My  hnl,  it  is  plain,  that  the  old 
mill  and  the  new  mill  were  not  Uj.on  the  same 
ground,  fVooi  Caiter's  lease* 

LiCJ,  Mr.  8jlicitor,  you  iad^eil  agi^ee 
•*'  >  s  that  it  is  plain,  but  aba  Uhe 

ti  y*ry, 

.'V.,,  .,  .,/.  My  lord,  we  do  make  our 
ar^unient  U»r  the  delindsiol's  title  ss  yow  lord- 
ship does  .«;M)rt'ln-nd  it.  The  biHiodaries  to- 
W4ifd:i  thr  eiu  h  made  the  mill  and  H^telifT- 
Toini  Thi  Iitr  that  com oin^  lie VLH)  acres, 
Ihoigh  it  I  .  Utv  the  o aUr,  is  not ^he 

tiiiU»  und  It  Ik',  tloU  ho  mut'h  i^round 

e.n  btj  r<Hkt»u«  d  to  bi:  land^  lie  km  ^^i  off  to  iho 
Hiili:  it  is  thi'  mdhtsdl'tliai  is  lhi'«*ai»t  Umad. 
L.  C\  X  ^o,  it  is  the  imH  and  liie  aull-baok, 
brother. 

■K  With  submission,  ny  lord, 


re  ir«Ql4t 
calM  m 


i)  mere  no  Mil)»bauk  iu  any  of  tht 


^ij.  Majfnardr  Not  that  1 

L,  C\  J.    At  lh»  peril  oC  ny 
that,  brother. 

Serj.  Mu^nard,  Take  it  to  be  so  as  tow 
lordship  aays«  that  there  is  mention  of  a  itdi* 
bank,  tkat  cannot  he  east,  fur  it  heth  to  a  blii 
pond. 

L  a  X  Good  brother,  let  m  tiot  pzsllllii 
which  is  as  plain  as  ibat  ifae  stio  shines,  Tb 
controversy  is  about  ail  tbe  west  part  of  FasnV 
lane. 

Aft,  G<ra.  Nottlia  tbe€«n  bound  cfait«i 
contend  for. 

L.  C.  J.    Mr*  Attorney*  if  you  will  motib 
the  point,  I  cannot  help  it,  I  asanre  jrao  1 4t 
not.     Fray  take  notice  of  it,  it  is 
acres  in  v*»ur  act  of  parliament. 

Alt.  Gen    Yet.,  my  lord*  130 

X.  C.  J.  Now  then  tlie  fast  of  your  kyul  hf 
your  own  shewing  is  MiU-bank;  tbe  mtid 
Mill-bank  js  the  mill,  whereas  tbe  west  psfiif 
hi.  twaihertne's,  so  all  your  deeds  aad  tvomk 
say  ;  hut  the  east  (isrt  iit  the  land  is  BliU-bik» 

t^rj.  Maynard.  No,  my  lord,  Katdiff-aB, 

X,  C,  X  But  I  say,  Ay,  brotb«r«  Tbnbiv 
broad  doth  Foae's-laoe  eitend  1* 

AtL  Gen,  tt  is  reckoned  3a  foot  in  Carts'i 
lease,  1  think. 

h.  C.  X  That  if  a  le«se  tbftt  1  pcrc^ire  tlurs 
is  some  eontrof  ersy  ahoat,  tb«rei<it  e  1  6o  takm 
much  mind  tbal;  it  is  a  perch  ot  land,  I  tbitk, 
in  some  of  your  evidencrn. 

Ait.  Gen,  Hbere  FoaeVhui«  b,  is  ibe  te 
acres  that  were  aurrendered ;  now  tbal  b«Bf 
tbe  wesi  bound  of  tbe  e&even  acres,  vthem  fkm 
are  tbo  other  seven  ? 

L,  C.  J.  Ue<d  tlie  deed^poR  agmiii,  tbe  pir* 
ticuhirs  aud  hounds  only. 

Clerk  reads.]  *  All  tbote  my  four-aii- 
twenty  acres  and  an  ludf-*-* 

Ati  Gtn,  The  East  bound   your 
sees  is  the  mill ;  now   your  lordsnip 
objection,  that  if  it  were  as  we  say,  an 
mill,  it  ciMild  not  have  been  driteti-^ 

L.  C.  J.     Do  not,  pray,  make  ony  silly  «b- 
jection  for  me,  anil  tlien  think  to  aiwipcr  it    * 
tell  you  I  do  say,  that  it   is  impos^lbte  ti 
conlti  be  any  mii)   there  butatidi 
tliifig  is  ns  plain.  Mr.  Attorney,  as 
ID  the  world  can  be ;  go  on  with  yi*m  at 
dence. 

ihl.  Gen.  Pray  swear  John  Stmrndf.^ 
[Which  was  done.] — How  long  bare  jPi 
known  tlie  place  in  qnestioo  f 

Sitmcrtif.  I  have  knowu  it  about  07  or  H 
years. 

Ait,  Gen,  Do  you  know  wlier^  tbo  Bull 
stood,  or  was  reporttHl  to  stand  ? 

SomcrU/,  I  know  ivhen*  it  was  rapmlodlo 
stand,  but  I  never  knew  ih<r  mill  myairU^  it  wis 
demolished  belbre  my  time. 

AtL  Gen,  Where  osait  rtpoited  to  atatt^f 

Somtrttj,  As  it  was  rt^ported  it  stood  absil 
ha)ftU«  laotrtb  of  the  hall  tiff  ibe  bank,  rater 
leaning  to  tbe  ritcf  tyf  Thames  than  tiM  bigb> 
way, 

;      All.  Cm.  Where  waa  tbe  wy  la  lli«ttillf 
I*    SifmcHif,  AlCock-Uai. 


\ 


001]    STATE  TRIALS,  36  Charlbs  II.  1684.—/^  great  Pari  4^  Shadwell.    [60S 


L.  C.  J.  Thai  your  own  eridence  iay  was  on 
the  West-side  of  the  mill. 

Att.Cen,  Did  you  know  Shadwell  ? 

S^merU.  J  know  that  that  is  called  Shadwell. 
Do  you  ineau  the  well  ? 

Att.Uen.  Yes;  how  far  is  the  well  from 
CucL-hill  ? 

Someriy.  Half  the  length  of  the  hall. 

.Mr.  l^Uliums.  How  far  if  it  East  of  Foze's- 
line. 

Somtrly.  Tnily  I  cannot  well  tell. 

I.  C.  J.  The  question  is,  whether  that  be 
ike  well  that  is  mentioned  in  the  evidences  ? 

Somerli/,  I  never  knew  any  other  well ;  I 
pMlfor  tilling' of  it  up. 

Mr.  WiUtamt.  What  was  it?  Was  it  not  a 
pood  formerly  ? 

Someriu.  It  was  a  well. 

Au.  Oen.  What  was  it  called  P 

Somirfy,  8badwe11  it  was  called,  I  knew  no 
olber  name  it  had ;  and  that  well  was  wharfed 
lUot,  and  there  was  a  piece  of  woo<l  about  six 
filot  Umg  put  into  it,  and  it  was  on  the  side  of 
Ae  hill ;  a  oooner  had  it  in  his  possession,  and 
he  and  to  put  nis  hoops  into  it. 

Au.  Gen.  Do  you  remember  the  ditch  that 
ran  under  the  Lynches  ? 

Smerfy.  I  remember  there  was  a  ditch  that 
nn  a  Iodic  ^>^y  »•  there  were  three  or  four 
WBBioirerit. 

Mr.  WUiianu,  Was  that  a  wide  ditch  .^ 

SoHmUf.  It  had  planks  to  go  over,  and  it 
VII  ate  ditch. 

JiL  Oau  When  yoa  knew  it,  did  cattle 
W  then  f^Somerlif.  Not  io  my  time. 

Soi,  Gen,  When  you  first  knew  that  well, 
Vli  it  reputed  an  ancient  well  ? 

Somerljf.  I  knew  it  not  till  I  came  to  buy  it. 

Att.  Gen,  What  do  you  know  of  tlie  raisin<r 
tf Fa's  lane? 

Stmeri^,  I  lived  there  26  years  ago,  and  in 
the  time  sinoe  I  lived  in  it,  it  is  rai6i*d  the 
li^th  ol'  my  stick  and  more :  for  when  the 
tide  came  in  strong,  it  used  to  drive  stones  and 
jkakm  in  at  the  windows.  There  was  a  water- 
MK  erected  upon  Wapping-wall,  and  thoy 
*tic  to  lay  pifNfs  al»ng  the  street,  but  thoy 
not  lay  them  there,  for  they  found  ^r<>at 


Att.  Gen,  How  long  have  you  known  it  ? 

Hoimet.  I  have  known  the  place  a  matter  of 
28  yean  er  more. 

^tt.  Gen,  Did  you  know  it  before  it  waa 
built  ? 

Holmes.  No,  1  did  not  take  notice  of  it,  to  say 
notice. 

Aft.  Gen.  Do  YOU  know  that  place  that  is 
called  Sliadwell  ? — Holmn.  No. 

Sol.  Gen.  What  do  you  know  of  the  raising 
of  Fo.xVlane? 

Holmes.  1  never  did  know  of  raising  the  lane. 

Alt.  Gen.  Not  at  all  .^  ' 

L.  C.  J.  Was  it  not  all  the  time  you  knew 
it  a  common  jmssage  ? 

Holmes.  \  es,  a  common  highway. 

L.  C.  J.  Shew,  if  you  can,  that  there  was 
any  highway  from  North  to  South,  but  Fox's* 
lane. 

Att.  Gen.  Do  you  know  Cock-hill  f 

if  o/wf  5.  That  is  quite  off  from  it. 

L.  C.  J.  Let  me  ask  you  a  question.  Sup- 
pose yuu  were  togp  tor  the  purpose  from  Shad- 
well ilown  to  the  river  of  Thames,  ut>uld  you 
go  to  Cock-hill  or  Fox's  lane  ? 

Holmes.  If  I  had  occasion  to  go  down  to 
Pelican -stairs,  then  1  would  go  to  Fox*s-lane  ; 
but  if  I  were  to  go  to  Bell- wharf,  1  would  go  to 
Cock  hill. 

L.  C.J.  That  is  quite  another  way. 

Sol.  Gen.  It  is  southward  of  Cock-hill, 
where  the  mill  stood. 

Att.  Gen.   That  adjoined  just  upon  the  way. 

Sol.  Gen.  Doth  not  Cock-biU  lead  to  the 
Thames  ? 

Holmes.  Cock- hill  is  the  first  beginning  of 
the  gniutr  down  to  Bell  wharf. 

Sol.  Gen.  Swear  Eleanor  Barefoot,  and  Mary 
Day.  [KI<»anor  Barefoot  was  sworn.]  Do  you 
know  Fox's  lane  ** 

Barf /hot.    \>s,  1  know  it  very  well, 

Att.  Gen.  How  l(iiii«r  have  you  known  it? 

Barefoot.  Threrscore  and  almost  six  years. 

Att.  Oen.  Tlici.  you  knew  it  before*  it  was 
hvxxWJ-'Ban  foot.  Vcs. 

Att.  (ii  n.  Dili  vo:i  know  the  old  mill  ? 

BaiiUMt.   Who,  Sir? 

Att.  Gtn.  Do  you  remember  who  first  built 


of  timber,  and  othL'r  things  in  theground  1  thrre  ?—Baretoor.  I  cannot  tell 


ihtt hindered  it;  and  upon  that  they  raised  the 


Mr.  WiUiams.  Was  not  there  a  dam  made 
■t  the  end  of  Fox's  lane  t4»  keep  out  the  tide  ? 
Smerfy.  I  never  knew  of  any. 
L.  C  J.  Was  not  Fox's-lanc  rejmtoil  an  aii- 

Smeriif.  I  luppnee  tlipy  were  continn<tlIy 
fmilg  h  to  raise  it  hi<rhcr  and  liiuiicr. 

An.  Gin.  When  you  knew  it  lirst,  \rM  it 
lUv  than  the  marsh  ? 

aumerfy.  It  was  all  built  when  I  cnin«.>  thither. 
ft^ii  ■!  yards  higher  at  one  cud  than  the 

IM.  Omn.  Sw«»r  John  IIolroes.--[V/hi(!h 
*■■  tot.}— Do  YOU  koow  the  houseN  in 
~^'    ibeCwcca^M'^laBaandCock.hiU? 


itt.  Gen.  Pi'Jiy,  «heu  you  knew  it  first, 
I  what  was  it,  and  who's? 
I  BtirefofU.  it  was  a  marsh -gronnd  from 
I  Cork  iiillto  FonniT's  firld,  it  was  counted  and 
:  known  tu  Im>  Mr.  Sti|:Lins's  ;  he  was  u  great 
fretlioldt  r,  mid  owner  <»f  all  the  ground  up  to 
i  Krisl-Sniiili(icUl. 

I..  C.J.    How?    Why  is  not  the  Lynches 
beiv\f(.-n  Cock- hill  and  St.  kutiitM-inefl? 
.       Bare/tkit.  'I'he   upjut  irrouiul  vias  only  ba- 
;  lotiirini;  to  «ln^  doan'of  St.  l*;ii;rs. 
I       Js.  C.J.  l)i»  you   ii-imiiilKr  that  which  ia 
now- call  ij  r  :\'.s  lane:'  — iiVi.:/.'o/.  Yea. 

L.  C.  J.    ^^  as  it  a  lain*  at  that  time  ? 

.V>  infiHit.  YfS,  il  u:is. 

Att.  (iiu    i>i»  ,\ oil  ri -meinlicr  faoir  the wmter 
can»r  III  il.iiT .' —  fiiiff-ot.  \  <a, 
Att.  Ucn.  Did  il  coma  up  to  the  bank  f 


603J         STATE  TRIALS,  36  Chahles 

Barefoot,  At  high  tides  it  cmme  o? er,  to  that 
Fjioae  eoul<^  pais. 

L.  C.  J,  But  at  comraon  tides  ? 
Bttrtfoot.  It  came  at  corntnoD  tides  till  it  ua^ 
HiBed/ 
L.  C,  X  Dut  it  was  an  usual  passage  for  carta 
Dd  carriages  ? — Barefoot,  V«s, 
Ait.  Gen.  How  was  the  mill  drrvea  that  was 

Barefoot.  There  was  a  mill  in  my  time  that 
^ent  with  the  tide,  and  all  the  water  that  came 
Dwn  from  that  mill  canie  into  a  jmndj  and  so 
I  the  mltl'dam,  and  so  diorethis  mill. 

L.  C.  J.  Which  mtll  dost  thou  speak  of? 
^idst  thou  kuow  RatcSitf-Mill? 

Ait.  Gen.    Did  you  know  Cock-hill  mil)  ? 
•  Barefoot,  Yea,  that  I  speak  of. 

L.  C.  J,  And  how  was  it  driven,  dost  thou 

Bartfoat.    It  was  driven  by  the  water  that 
ime  mm!  the  river  in  a  i^luice, 
X.  C.  J.  It  came  out  ot  the  Thames  P 

Barpoot,    Yes  ;  with  the  tide. 

L.  C.J,    Huvr  didil  run? 

Barefoot,  it  had  a  great  hu^  sluice. 

Mr.  IViiliarm.  Was  that  in  tlic  Lynch -ditch, 
r  other  way  ? — Barefoot.  It  ran  into  a  pond. 

Ait.  Gen.  Where  did  that  pond  stand  ? 

Barefoot,    In  New  Gravel  lane, 

Att.Gtn,  Where  was  Hie  head  of  the  jKJnd  ? 

Barefoot,  It  went  out  with  the  tide. 

Blr.  Williams.  W  here  ? 

Barefoot.  Between  the  street  and  the  miSt 

Art.  Gen.  How  near  was  the  pnnd  to  Fojt's 
Ian  2  ? —  Bar  (foot.  A  rpiartcr  of  a  mile  off. 

Mr.  Wiiluimi.  West  of  Fox's  lane. 

Barefoot.  Yes. 

Ati.Gen.  Do  you  know  Green-bank? 

Barefo&t.  Yes* 

Aft.  Gen.  l{<*vf  far  is  ihat  from  Fox*s  lane  f 

Bartfoot.  Half  a  mile  oft^ 

Att,  Gen.  Did  vou  know  the  well  i*alled 
Shadwell?— Bar^/(i?^  Yea,  I  did. 

Sol.  Gen.  On  which  side  of  Fox'sOane  did 
Bhadwi-M  stand  ? 

Bare  foot.  It  was  between  the  mill  and 
Bri>ad- Bridge  ;  eastwaixi  of  Broad -bridjnfe. 

Ait.  Gen.  How  far  was  it  from  the  mill? 

Bttrefout,  X  pretty  way. 

Att.Gen,  How  tar  do  you  think? 

Barefoot.  About  40  or  60  foot :  the  well  was 
between  the  miH»  1  say,  and  Broad-bridge; 
Fox*s4ane  stood  west, 

L.  C,J.  When  you  knew  Fox's  lane  first, 
ivhat  was  It  between  I  he  Lynches  oq  the  north, 
and  the  Thames  on  the  south  ? 

Barefoot.  A  place  for  carts  and  horses  to  go. 

Alt.  Gen*  And  yon  say  it  w.ns  all  marsh- 
ground  from  Cock- hill  to  Hi.  Katherines  ? 

Bartfoot.  Yes,  it  was  all  a  16 w  ground, 

Att.  Gen.  Whose  ground  was  it  counted  to 
be  ?-^BarefQot.  Mr.  8tepkins*s. 

Att.  Gen^  Had  the  dean  «Fer  any  thing  to 
do  there  ? 

Barefoot,  The  upper  ground  was  the  dean  of 
Patd*B,  but  the  lower-grouud  ivaa  Mr.  Step* 


IL  l6Si.— TO^  Ladif  %*i  Trieh 

Mr,  WiUiams.  Was  tliere  a  faridg<r  prtt  I 
Ly nch-ditch  at  llie'  end  of  Poat^t  huie  ? 

Barefoot,  There  was  a  brid^  and  a  cm- 
war. 

L,  C.  J,  Do  you  know  it  was  marsh- grouoil 
on  the  eAst  side  of  Fox's  lane  ?  Did  it  ever  im 
under  water  ? 

Barefoot.  At  high  tides  and  such  as  thai  it 
was  overflowed. 

L.  C.  J.  But  at  common  tide*  did  it  use  t» 
go  over  Fox's  lamr  ? 

Barefoot.  I  cannot  tell  that  truly,  it  is  oan 
raised  very  high,  it  was  much  lower  ;  but  1  toi 
isure  the  tide  sometimes  C4imc  beyood. 

Att.  Gen,  When  I  lie  waiev  w"as  in  the  ^ani 
pood,  did  not  it  come  by  the  Lynch  ditch f 

Barefoot.  It  came  out  o(  the  Thames.  i 

L.  C,  /.  Do  you  remember  any  way  tliit 
led  up  to  the  Lynches  by  tlie  well  ? 

Barefo^U,  The  Lynches  did  not  belong  ti 
Mr.  Stepkins  ;  thtre  was  the  milL 

L.  C.  J.  But  answer  me,  was  there  aay  wiy 
that  went  up  to  the  Lynches  by  the  well  f 

Barefoot,  There  was  oo  I'.rasage  to  p 
through  but  at  FoA^s-lane. 

Att.  Gtn.  W  OS  there  not  m  way  at  Coeb 
hill  ?  ^ 

L.  C,  J,  That  is  farther  esat  than  the  mill* 

Att.  Gen.  Shadwell  is  the  bounds  of  W 
land. 

L.  C,  J.  But  where  is  that  ?  That  if  thr 
question,  Mr.  Attorney.  I  remember  wbattbt 
woman  said  indeed  the  last  time,  if  there  wrre 
as  many  wells  as  there  were  panes  in  tlieglMi* 
window  here,  tliat  was  the  hji^lit  well.  M 
that  will  not  decide  the  controversy. 

Ait.  Gen,  Swear  Austin  Cope. [Whieii 

was  done.l Do  you  know  Cock-hiU  ? 

Cope.  Yes,  I  do. 

Alt,  Gen*  Did  you  Dot  know  a  tmll  thai  wu 
at  Ratcliff? 

Cope.  There  was  one  at  BeJI-whatC 

L.  C.  J.  How  long  ago  is  it,  (bat  yoa  i^ 
member  it? 

Cope.  Threescore  years  ago. 

L.C.  J.  How  was  that  mdl  driven  T 

Cope.  With  the  tide. 

Att,  Gen.  Where  did  the  tide  come  in F 

Cope,  At  Frying* pan  stairs. 

Att.  Gen*  VVhither  did  it  go  ? 

Cope,  It  went  into  the  dam,  and  so  drove  the 
mill.  Th«re  was  an  Iron-mill  built  by  qo« 
White  twenty  years  aAer. 

L.C.  J.  How  far  did  the  tide  go  ttp  from 
Ratclilf  mill  westward  ? 

Att.  Gttn,  As  near  as  you  can  rememberi 
what  was  it  that  stopped  the  tide  ? 

L  C.  J.    Ay,  how  far  did  the  tide  go 
it  stopped  ? 

Cope,  Almost  as  far  as  New  Gravel-lane. 

L,  C.  J,  Did  the  tide  come  up  as  ^  *l 
Fox'alane? 

Cope.  U  flowed  over  at  some  lidet. 

L.  C.  J.  What  did  it  at  usual  and 
and  ordinary  tides  ? 

Cope.  It  never  came  so  high. 

Attn  Gin*  How  high  did  it  cOida  t^cnf 


I  irwa 
*mber|  ^ 

ne.    ^ 


B  TRIALS,  36  Charles  IL  iGZl^far greiti  Pmi  of  ShaiweU.    [609 


WilcuDe. 


In  forty  foot  upon  reasonable 

od  did  tbiit  help  to  turn  this  mill  P 
it  went  to  tne  dam,  and  so  it 

ere  was  your  way  from  north  to 

At  Fox's-lane. 
Fas  there  a  bridge  diere,  over 
rts  went  into  the  lane,  under 
ar  did  run? 
here  was. 

al  is  it  that  lies  beyond  the  miU  ? 
ff-town. 

lich  was  further  eastward,  Cock- 
?— (W.  Cock-hill, 
it  is  oy  your  own  map ;  and 
A  the  mill-bank  be  but  Fox's- 

hadwell  b  our  bounds, 
bin  Hood  upon  Greendale  stood ; 
must  be  your  land :  that  is  all 
[  can  make  of  it.    Your  boun- 
ie  it  as  plain  as  the  nose  in  a 

Swear  Mr.  Holwell.— [Which 

low  long  have  you  known  this 

s  in  question  ? 

©▼e  a  year. 

is  your  surveyor,  I  think. 

le  is  so,  my  lord.    Pray,  you 

'ay  did  the  water  go  ? 

Nrard. 

It  which  way  did  you  use  to  go 

m  the  Lynches  ? 

nnetimei  went  the  lower  way, 

•  the  higher  way. 

Itch  was  the  higher  way  f 

iff- Highway. 

d  which  was  the  lower  way  ? 

Qffh    Wappiug  and   Shadwell: 

9  tower  way. 

boa  talkest  of  the   north -nest 

m  were  to  go  directly  from  nortli 

li  way  would  you  have  gone  ? 

II    C5ock-hill,  or  down  Broad - 

lereisthat? 

nd  Cock-hill. 

lereabonts  is  it? 

JB  a  little  of  Fox*6  hue. 

ban  you  went  dowu  Cock-bill, 

uhI  «d  you  leave  the  mill  ? 

vcQt  the  lower  way,  I  led  the 

fc-haiid. 

01  when  you  went  the  higher 

dk-hUI? 

w«  left  the  mill  behiTMl  us. 

hit  doit  thou  mean  by  behind 

I  left  it  north. 

■t  coald  never  be,  man. 

amij  tord,  he  is  right. 
mr  lie  is  not  right,  Mr.  At- 
•MuBii  north  of  the  niill. 
'^^''li^  do  yoa  know  Fox's-lant  ? 


Att.Gen.  It  it  raised  P 

Cope.  Yes ;  eight  or  nine  foot 

Ast.  Gen.  What  was  the  reason  of  its  bebg 
raised? 

Cope.  It  was  not  fitting  for  carts  to  go  over. 

L,C.J.  Why  so? 

Cope,  The  water  came  upon  it 

Att.  Gen.  And  then  to  come  to  the  admea- 
surement, taking  in  the  place  in  question,  it 
makes  just  ISO  acres^  wnich  is  our  number, 
and  lio  more. 

L.  C.  J.  Then  you  will  leave  the  dean  no-^ 
thing. 

Ati.  Gen.  Yes,  he  has  SOOO/.  a-yeor. 

L.C.J.  Where? 

Att.  Gen.  In  the  east,  beyond  this  place. 

L.  C.  J.   Why,  would  you  have  any  t>f  tfie «« 
land  that  belongs  to  the  mUl  ? 

Ait.  Gen.  We  daim  this  as  marsh-lanSd; 
which  they  have  nothing  to  do  with,  and  the 
number  of  acres  will  not  be  answered  without 
it.  Mr.  Holwell,  have  you  admeasured  tiio 
marsh  ?— Ifo/.  Yes ;  I  hive.  Sir. 

Att.  Gen.  From  whence  did  you  begin? 

Hoi.  From  Hermitu^-Dock. 

Att.  Gen.  Within  what  bounds? 

Hoi.  That  which  they  call  the  Lyncheo  and 
the  marsh  to  St  Katherine's  from  the  well  ? 

Att.  Gen.  And  how  much  doth  it  mako? 

»Hol.  BeAdss  the  well  and  the  Lynches,  I 
find  it  something  above  130  acres. 

L.  C.  J.  Somewhat  above,  bow  much  pr'y- 
thee  ? — Hoi.  Not  an  acre  above, 

Mr.  Williatnt.  Pray,  Sir,  how  many  acret 
lies  east  of  Gravel -lane  ? 

Uol.  Besides  the  well  and  the  Lynches;  I 
can  make  but  fifty  acres  and  an  half 

L.  C.  J.  Where  did  you  reckon  up  the 
whole  ? 

Att.  Gen.  To  make  up  the  130  acres,  he 
took  in  the  mill  and  all. 

L.  C.  J.  That  is  very  well. 

Att.  Gen.  Why,  my  lord,  it  is  no  more  than 
ISO  acres,  and  ho  much  we  must  have. 

L.  C.  J.  liook  into  the  survey  that  you  proi' 
duced,  and  see  what  that  says  ;*  besides  all — 

Att.  Gen.  Those  lie  eastward  of  the  mill. 

L.  C.  J.  Pray,  did  you  measure  the  wall  ? 

Hoi.  Wapping  wall  is  20  acres. 

Att.  Gen.  If  they  will  consent,  the  jury 
shall  have  the  survey  with  them. 

Mr.  Williams.  With  all  our  hearts,  let  them 
have  it. 

L.  C.  J.  Gentlemen,  both  sides  consent,  you 
shall  have  the  survey  with  you  ;  but  witliout 
that  consent  you  could  not  have  had  it,  it  not 
being  under  seal. 

Att,  Gen.  Then  we  desire  our  last  verdict 
mav  be  read.  Mr.  Sutton,  was  it  a  verdict  upon 
fulf  evidence  ? — Sutton.  Tes,  ^. 

Att.  Gen.  How  many  houn  did  it  last  ? 

Sutton.  Five  or  six. 

Att.  Gen.  Was  there aview in  it? 

Sutton.  There  was  so. 
L.  C.  J.  Read  it  (Which  was  done).  Mr. 
Holwell,  how  much,  pray,  is  the  land  between 
Fox*s-lane  and  the  mill  r.     ' 


Sou 


e07J        STATE  TRIALS.  3S  Chablbb 

Hoi.  Below  the  hywhtt  I  find  h  to  be 
•c?eD  acres  ((nd  aa  half. 

X.  C.  J.  Can  you  expect  then  that  all  those 
words  of  gardens,  orchards,  dice,  should  be  an- 
swered under  seTon  acres  and  an  half  ?  Be- 
sides,  the  first  and  aneient  resenration  of  rent 
was  iO/.  a-vear ;  after,  it  was  increased  to  16/. 
a -year,  and  it  doth  appear  the  mill  turned  to  so 
litile  account,  that  it  was  pulled  down,  and  so 
the  land  was  to  acswcr  the  rent ;  which,  for  a 
Tound-rent  upon  a  church-lease,  in  those 
ays,  was  rerv  great    Have  you  done  now  ? 

Att.  Oen.  We  have  done  for  the  present, 
my  lord. 

L,  C.  /.  What  say  you  to  it  then  for  the 
plaintifi^  geuUeiuen  ? 

feleg.  Stringer,  May  it  please  your  lordship, 
and  you  gentlemen  of  the  jury  ;  if  we  should 

five  no  further  evidence  at  uU  than  what  wc 
ave  already*  giveu,  but  leave  it  upon  this,  1 
dare  aifirm  it  plaiuly  appears  that  they  have 
no  title  at  all  to  this  laud.  As  to  their  last 
piece  of  evideuoe  i  would  first  give  an  answer 
to  that,  aud  that  is  theu  verdict ;  and  that 
which  I  would  obsen  e  upon  it,  and  say  to  it,  is 
this  ;  it  was  a  verdict  obtained  upou  forged 
deeds :  deeds  found,  as  is  pretended,  and  us 
you  have  heard  from  their  two  special  wit- 
nesses,  in  a  very  extraordinary  manner,  found 
in  a  ffarret  But  bv  what  art  prepared,  and 
that  tliey  are  forged,  1  question  not  but  we 
shall  give  you  satisfaction.  But  besides,  as  to 
their  iul measurement,  it  seems  as  they  would 
have  it,  130  acres  is  the  question  about  the  ex- 
tent of  the  marsh.  So  much  they  claim;  and 
we  shall  bring  two  surveyors  tlial  will  give 
you  an  account  upon  their  oatlis,  tliat  between 
Fox's  lane,  which  we  say  is  the  west  boundary 
of  our  laud,  aud  the  east  of  theirs,  and  Her- 
mitage Duck,  where  the  marsh  ends,  there  is 
above  130  acres ;  and  so  they  do  not  want 
their  number.  For  all  the  evidence  that  they 
Lave  given  out  of  records,  we  agree  them 
to  be  as  they  say  ;  and  by  that  agreement  shall 
do  ourselves  no  barm  at  all,  fur  they  all  do 
confirm  our  assertion.  They  place  the  eastern 
hound  of  the  marsh  at  Ratclift  town  ;  now  at 
Fox's-Iane  doth  Katdiff-town  begin.  The  art 
has  been  to  confound  the  cause  by  puzzling 
boundaries,  when  it  is  a  plain,  apparent  mis- 
take they  ruu  upon  ;  and  indeed  I  may  very 
well  ba.y,  a  wilful  one  too.  They  would  ha\e 
us  coniine  ah  tu  a  mill  and  a  little  ditch,  when 
there  arc  at  least  seven  acres  always  enjoyed 
with  it,  and  all  called  the  mill ;  which  had  a 
pond,  gardens,  orchards,  tenements,  Sec.  And 
now  there  are  very  large  drains  necessarily 
made,  to  keep  the  water  from  annoying  the  in- 
habitants, and  to  carry  it  away.  But  for  a  fur- 
ther evidence  of  our  title,  we  shall  first  prove, 
that  upon  a  bill  exhibited  in  the  £xche(|uer  hv 
Mr.  Attorney  General,  against  Stepkins  then- 
ancestor,  to  know  what  incroachuieuts  hud 
been  made,  what  belonged  to  the  dean  of  Paul's, 
and  what  to  Mr.  Stepkins,  are  fully  set  out. 
There  it  it  proved,  tliat  the  bounds  of  the  marsh 
were  Wappiog-wall,  aliai  FuVlanc.    Tlic 


11.  ifiSiw^IXe  La^  I^$  TrM,        [6fl 

marsh  was  continually  overflown  with  water 
but  now  in  our  ground  there  was  a  great  num 
ditches  and  places  to  keep  the  walQr  for  Ui 
service  of  the  mill.  When  we  came  tn  buil 
upon  our  ground,  whioh  was  15  Jacubi,  (then 
began)  then  he  brought  an  action,  and  di 
pretend  that  we  did  iucroach  the  wall  somt 
what  into  the  marsh  ;  there  we  had  a  %erdi( 
upon  a  view,  and  after  a  non-  suit  u\toD  full  evi 
dencc.  There  was  likewise  a  bill  exhibited  i 
chancery  against  St^^pkius  the  lather ;  wiicivi 
the  bounds  arc  set  forth,  and  he  iu  his  answc 
particularly  enumerates  the  boundanes.  An 
It  has  been  constmily  the  reputuiion  of  th 
place,  that  this  »as  the  dean's  lands,  surveve 
as  the  dean's  lands,  sold  in  the  hite  tiuies  c 
usurpation  as  the  dean's  iau'ls.  The  tir^i  lliiuj; 
my  lord,  which  tiiey  produi'ed,  and  thai  n* 
did  then,  aud  do  now  contnivert,  is  Curler': 
lease :  this,  they  say,  was  found  iu  the  garret; 
and  they  bring  two  v\imesses  for  it:  hut  boa 
they  have  behaved  themselves!  What  con- 
fusiun  there  is  in  their  evidence  !  Von  see^ 

L.C.J,  Brother  Stringer,  if  you  havesnj 
evidence  to  v:ive,  pray  give  that  drst,  and  lesie 
your  remarks  till  tlie  last ;  you  fhall  tbcu 
i>ay  what  you  will  ;  but  tirbt  give  your  eti- 
deuce. 

fcierj.  Stringtr.  My  lord,  wc  shall  panoe; 
your  direetioii :  wc  say,  upon  Fox's  buildiig, 
Stepkins  surmising  that  the  wall  beloci;;«il  tu 
him,  comes  and  brings  an  action  uf  ejeatnent 
against  Fox's  tenants  for  this  wall,  and  upon 
trial  the  \enliet  went  a^^ahist  him.  Then  tbere 
was  another  action  brought,  and  he  was  nmi- 
suiied  u(N»n  that.  Afterwards  there  wss  a  bilt 
preferred  against  him,  aud  iu  his  answer  he 
Lonfesseth  that  his  wall-marsh  bounded  apoa 
Fu.\'s-bne.  Uere  arc  the  bill  and  autitrer. 
(Whiih  were  read.) 

As  likewise  copies  of  two  reconls,  ^mc  in 
the  I'unimun -pleas;  the  other  in  the  Kiu;V 
hench. 

Will.  12  Jacobi  ejectment ;  George  BoswrHf 
pbintiff>  ugaiiist Thomas  Fox,  defendant;  not 
guiity,  [ili<aded  a  verdict  fur  the  defenddnt. 

Mich.  1 1  Jacnhi,  ejectment ;  AVilliani  Sorrd, 
plaintifl',  against Tho.  Fox;  Nutguilt^v  pli'a<l^i 
and  the  plaintiff  becamo  uousuit. 

Sir  John  Ticvn:  My  lord,  we  have  this  fur- 
ther piece  of  evidence  ;  we  ha\e  here  a  lt«« 
made  by  Slrpkiiis,  of  seven  acres  t»f  Uu<l*» 
westward  of  Fox's- lane,  whicii  di^idts  tlie 
mur^h  from  the  mill  ditches,  and  there  is  * 
covenant,  that  if  he  recover  any  part  of  llw 
w.\ll,  iiidish-wuil,  the  tenant sha.1  liavetbe  vU 
vantage  of  it,  uml  increase  his  rent. 

(Which  lfta.se  Iiuaiin;^  date,  10  Aug.  13  M 
A.  u.  Itil.'S,  was  read.) 

Mr.  li'iliiarps.  Tliis  was  in  time  betweeadit 
non-smi  and  the  VLiiiiel. 

Srrj.  iit-inger.  My  lord,  as  I  did  0|ieB  ^ 
there  was  an  infoi  malion  exhibited  by  Mr.  At- 
torney Gen'iral  Moy,  7  Car.   1,  a^mt  f' 


I  TRIALS,  36  Cm  ABLES IL  ifiSi^or  greai  Part  of  Shadwell.    [610 


%f  ftod  Ufioo  tliat  iiiforuiation 

*oiri    '  ■    *  •  t;  - -PS,  and  all 

ip  I  \  set  out; 

k.»...  ^,.\  ^;>  ,.    a<i  Cttu  be. 

^  to  fterve  d  turn  ;  it  was 

ttlTo  ,    itiii   whisi    that 

►  ^t  u:c  of  ibe 

|M*eteni"e  of 

rywi»  brethrr.  ihai  cannut  be 
,ftnd  I  '^  Ml  wby  ;  if 

Qotion   tv.  ^  !dns  Uim- 

Ibtj  purly   unOiT  wliom  they 
il  were  itvideoce  ;  bui   it  is 
r '^  ■       \  and  the  teiitmts 
]    HupiMirt  their 
'<  kni)w   their 
'his  cannot 

Wc  wubniit  It  to  yoa,  my 

IvUall  oflTer  you  a  survey.     lu 

lUm  was  pxp<^«*t'd  to  «tiJe  as 

d  a  stirvey  inken^  titnl   found 

ice  uf  die  dnu'ch  of  Paul's  ; 

9,5UO/.  and  cnjoyc^d  by  the 

oration. 

and  to  that  very  person 

t  say  tliey  had  these  leases 

[iuced  :  that  is,  to  Win- 

itof  Kuowlcs  was,  as  he 

mrh  a  lease,  which  then 

if  I  iM-iiur    uould  he  have 

\t  red  to  purchase 

**>i  ,,.    .  ,.,,.chi» 

Here  is  the  survey  tlien 

i  oppose  the  reading  of  yotir 
It  Iia4  not  any  authority  to 

>Mf.  Attorney,  though  there 
':  nutbority,  yet  such  things 
"1  allowed  as  evidence.  You 
f  it  was  done  ui  the  cage  of 
^-row,  as  they  call  it,  White* 

I  let  theoi  read  the  commis- 

l^e  have  none  ;  there  were 
eo  of  this  oatiire,  without 
'seaK 

did  theiD  by  orders  from 

lit. 

Dec.  An.  1649.) 

Now  we  wUl  shew  the  deeds 
\  was  by  deed  enrolled. 

An.  Id50»  for  9540/. 

My  lord,  because  they  pre- 

\t\  ^kffr    ^Sitt    tiiitt     nf^  Ihf'Y   call 

V  the 

it   we 

:  hut  tirst  here 

;\  at»d   Ley  burn, 

Liitl  of  it-— (Th<-y  were 

know  thcj   lkous«»iii 


Mr.  H'^Utiamt,  How  long  bate  yoo  kiiovm 
them?— ^fl/iirt^.  Thirty  yeara. 

8erj,  Ptmbcrton.  l*ray,  whiit  is  the  com- 
mon repuntion  whose  the  lanrls  were  ? 

hiand.  k  wa^  always  taken  to  be  the  dean*s 
lands. 

Mr.  WifUams.  W[\o  were  tlie  Icnants  > 

Bland.  Mr.  Whitwickand  ilf.  Wuiierhum, 

L.  C.  /.  Prithee,  canst  thou  tell  w  hut  was 
taken  to  be  the  East  boundary  of  Wapplog- 
marsh  ? — BlantL  Foic's-lane, 

L.  C.  J.  Was  that  the  reputation,  upon  yonr 
oath,  in  all  your  time? 

Bland.  Yes»  ever  since  I  kt>ew  it, 

Mr.  Williams.  Bland,  pravi  do  you  know  the 
pond  P 

Bland,  The  ponds  were  filled  up ;  but  there 
were  ditches  in  my  time. 

L.  C  J.  How  near  were  the  ditches  to  Fox^s* 
lane  ? — Bland,  Within  ten  foot. 

Mr.  Williams,  What  was  the  use  of  those 
ditches  ? 

Bland.  The  water  came  in  at  Bell- wharf, 
and  R lied  mi  the  ditches  with  the  tide,  and  mt 
it  went  hack  again. 

Serj.  Stringer.  Can  you  tell  who  purchased 
these  lauds  of  the  state  in  thebtc  times  .^ 

Bland,  Whitunckand  Winlerhum, 

8ir  John  Trecor,  Swear  Williara  Kemp,  and 
Cortlett.     (Which was  done.) 

Mr,  Williams,  Hark  you,  Mr.  Curtlett,  w« 
would  ask  you  a  question.  My  lord»  voor 
lordship  ob^rves,  there  is  a  well  called  Sliad- 
wefl,  thai  .is  at  the  East  end  of  their  marsh: 
We  shall  shew  where  that  well  is  :  there  was 
a  well  very  lately  just  by  Wall-raarsh,  bard  by 
the  place  where  the  church  is  now  butlt,  which 
was  called  Shad  well,  and  from  which  tbo 
church  has  its  name.  Curtlett,  do  you  know 
Fo.\^8-|ane?— Cttrf/t(f.  Yes,  I  do, 

Mr.  Wiiliomi,  How  long  have  you  known  it  ? 

Cur  licit,  I  have  knov^n  it  sL\ly  years. 

Mr.  Williams.  When  you  ftfiit knew  ii>  whost 
land  was  it  f 

Curilcit.  I  am  igTiorant  of  the  ori^nal  title, 
or  the  denvBtive  title,  1  know  not  whose  it  was, 
oris. 

8erj.  Pemherton.  But  whose  waa  it  reputed 
to  be?  That  we  mean, 

CurlktL  Sometimes  it  was  reputed  Mrs, 
Moor's,  sometimes  Winterbum^s,  somctimei 
OD^'s,  sometimes  another^s. 

Mr.  WillHimt,  Do  you  remember  the  mill 
that  was  iu  this  ground  in  question? 

Cnrtled.  Yes, very  well. 

Mr,  WiUumn.  How  was  thst  mill  ddven  f 

Curt  If  tt.  The  water  came  in  at  Uell- wharf. 
Eastward,  tmt  of  ih*  Tlmiues,  into  the  ponJ^ 
and  so  run  beyond  Brond  bridge^  nnd  vented 
its<5lf  into  divers  ditches  ;  and  when  the  tide 
went  out,  it  returned  back  aguio«  and  employed 
the  mill. 

Mr.  Williums.  How  fur  went  the  ditches  ? 

Curtktt,  Somt.'  of  them  to  Fox's^ane  ;  and 
one  principal   dttch  turned   up  half  way  the 
lane,  that  people  were  forted  to  have  boiiidi  aa4 
planks  to  go  over  it. 
2R 


61 1  j       STATE  TRIALS,  36  Charles  II.  i6S4.— 7%e  Lady  /«y'«  Trid, 


[6If 


JL..  C.  J.  Tli(?  tiling;  is  very  plain ;  had  it 
been,  asi  they  say,  au  overshot  uiill,  this  pro- 
vision that  was  maiie  of  water  for  it,  for  au^ht 
I  see,  would  have  drowned  all  the  ground 
round  about  it. 

CurtUtt.  When  I  was  a  boy,  we  used  to 
swim  in  that  place  that  was  near  Shadwell,  in 
tlie  eddy  \  there  I  have  seen  the  water  as  it 
went  out,  and  the  mill  wrought  with  it  as  it 
went  back  .'ipiiu. 

Zi.  C  J.  Was  thei-e  not  a  way,  when  you 
know  it  first,  fiom  Nortli  to  South  P 

Curt  let  t.  1  cannot  well  tell. 

Alt.  Gen.  Was  there  not  a  way  fi*oni  Rat- 
difl- high- way,  at  Cock- hill,  to  the  river  of 
Thames? 

Curtielt.  There  was  a  common  way  for  carts 
and  horses  down  to  the  Ballast- whart,  and  there 
was  a  p-cat  vacant  place. 

Att.  Gen.VvsLy  let  me  ask  you,  did  you  ever 
bear  these  lands  i-eputed  to  be  Stepkins's  when 
yon  knew  them  first  •* 

Curtlett.  We  have  heard  talk  of  that  gentle^ 


Att.  Gen.  How  long  ago  ? 

CurtUtt.  I  have  not  heard  of  him  this  twenty 
years. 

Att.  Gen.  Have  you  above  twenty  years 
igo? 

Curtlett.  If  I  did  bear  of  him,  1  do  not  be- 
lieve then  it  was  in  his  possession ;  1  cannot 
tell  whose  title  is  best:  You  have,  I  suppose, 
both  of  you  better  witnesses  than  I,  convey- 
ances and  deeds. 

Att.  Gtn.  He  is  a  wise  witness,  he  will  not 
■wear  whoso  it  is. 

L.  C.  J.  He  is  so,  Mr.  Attorney ;  I  wish 
your's  were  so  too. 

Mr.  Williams.  l*ray,  what  was  it  lioyoud 
Shadwdl,  and  how  near  was  ^ihadwdl  to 
Marsh- wall.' 

CurtUtt.  ShadweU  was  on  tlie  further  sido, 
near  Fax*s-lane. 


»Ir.  Williams.  To  the  East  or  West  of  Fox's  I  ground, 


Att.  Gen.  Did  it  rise  very  high  ? 

CurtUtt.  It  was  out  ol*  the  bigfa  ground 
where  the  church  i«  built. 

Serj.  Lutwich.  Did  you  ever  hear  of  any 
well  but  what  lay  between  Fax's-laae  and  the 
mill  ? 

CurtUtt.  Sir,  1  can  xmly  give  an  account 
whci-e  that  wdl  lies  that  was  called  Shsdwdly 
whore  the  church  is  now. 

Att.  Gen.  How  many  wells  have  you 
known  ? — CurtUtt.  None  but  tliat,  Sir. 

L.  C.  J.  He  does  not  know  as  many  as 
tliore  are  panes  of  glass  in  tlie  window,  Mr. 
Allornev- 

Mr.  XVilliami.  And  this,  he  says,  lay  west  of 
Fox's-lane;  and  there  is  your  S^ad wdl  boundi 
for  vou ! 

Att.  Gen.  I  ask  you  a^in,  that  s|nq|; 
whidi  you  mentioiietl,  did  itiie  io  the  dean  tad 
chapter's  Lynches,  or  no  ? 

Curtlett.  I  tell  yon  I  know  not  whose  tlw 
ground  was ;  the  church  stands  there  now. 

Serj.  Lutmch.  Did  it  lie  in  Upper tibd- 
welli* 

X.  C.  J.  He  answers  as  pUdn  as  any  mi 
can,  it  was  where  the  chnrch  now  is. 

Mr.  Williams.  Where  is  Kjemp?  Doyw 
know  the  houses  in  question  ? 

Kemp.  The  houses  in  ShadweU  I  do  kn0Vi 
between  Bell-wharf  and  Foi^'s-lane ;  I  ktfv 
them  before  tliey  were  built  as  they  «re  now ; 
tliere  were  sonie  small  houses  budt  faereisd 
there  all  akrag.  There  was  a  pond  and  diieki 
to  recdve  the  water  of  the  tide ;  but  at  BiwA 
bridge  especially,  there  were,  houses  along  to 
the  northwanl ;  among  the  rest,  Mr.  Craves^ 
house,  who  had  a  large  orchard  and  gmrdco. 

L.  C.J.  Where  was  that? 

Kemp.  EasiwanI  of  Fox's-lane,  and  several 
other  houses  there  were. 

Mr.  WilUvmn.  Whose  inheritance  was  it? 

Ktmp.  Mrs.  Moor  was  my  master*s  lasd- 
huly,  and  ShadweU  was  reputed  her  land  and 


lane  ?— CurtUtt.  To  the  West. 

3Ir.  Williams.  Did  you  know  the  well  that 
is  caJIwl  Shudwcll  ? 

CurtUtt.  1  know  there  was  such  a  small 
spriiifr. 

L,  C.  J.  Did  it  li<*  cast  tf  Fox's- lane,  or 
west,  doyoii  sisy:— CurtUtt t.  Ui^i,  it  lav. 

Mr.  \Vi!fitnr,<.  IVay,  did  the  pljiwj  \\lirif' 
you  iwed  to  swim  tonlo  uji  u ;  liu-  us  the  wall  i' 

Curthtt.  Oh,  no. 

/»  C.  .f.  I  bcliivc  that  M'i>s  \*itl»in  the 
Thanu's  only- 

Mr.  irj7/iflw5.  II<»w  noai  have  vni  swam  to 
Ft.'x\s-Iano :' 


Mr.   Williams.   She  nas   lessee  uadsr  tho 
church. 

Se:j.  Pfmhtrton.    Did  you  know  the  cols 
and  ditches  in  that  ground  ? — Kanp.   Yes,  Sir. 
iaier}.  remberton.  How  far  went  they  west- 
wanl? 

Kcfiip.    The  ditch  ran  all  ui  one  till  it  came 
t«)  Itrn.'id-bridiTo,  where  it  parted  to  the  Dortk- 
;  \v:ii-4l  :ui<!  the  U  est  ward. 

L.  C.  J.  How  near  Fox*s-lane? 
I       Kemp.    Within  a  dozen  or  twenty  yards  of 
'  r<ix'.s-l«np. 

;      Jit.  Utn.    What  sort  of  ground  was  it? 
j  Was  it  not  marsh  gmund  ? 


CurtUtt,  It  was  in  tin-  Tiiaiiii'»,  in  an  nldy,  I       Kinp.    V  man  that  builds  boaU  in  i(inler< 
thoiethe  water  went  11  udi-riir. It h  ihf  i tall.  .      -        . 

Ait.  (Jen.  Ill  uhas«>  ground  was  that  ^dl 
that  yi^u  call  Sliadwdl  ? 

CurtUtt.    I  raniiol  tt-ll  in  whusu  ground  it 
Msu. 

Ait.  Cm.   Was  ii  iu  tlic  Lynches,  or  in  tho 
marsh -ground,  upou  your  oath? 

Curthtt.  1  cannot  tell  indcod  whoM  giouud 
it  was  in. 


j  timir  put  his  shallops  into  the  pond,  othem 
it  uas  very  good  ground  to  the  northward ; 
thtTtr  were  vtry  many  guo<l  houses  built,  ami 
siiKv  Mr.  Mcalc  had  to  do  witli  Shadwell,  they 
have  built  in  BIr.  Craven^s,  and  built  a  watei^ 
housts  and  two  other  houses  there. 

L.  C.  /.  Read  the  surrey  agun,  that  mcB« 
tions  Craven's  house  tlieie.  rWhicli  wm 
done.] 


STATE  TRIALS^  36  CHAt^Lts  U.  iSU^firgrki  P^rt  of  SkadweU.   [614 
.   Thai  was  bending  northwani  that 


Viilimm.    It  v  part  of  the  seven  aeres 


J.  Do  not  you  oootend  for  the  brew- 

jem.  For  the  water- bouse  we  do, 

/.    Is  not  th6  water- house  built  upon 

^raren's  ground  ? 

.  Yes,  my  loni,  it  is. 

Wiiliami.    When  did  you  know  this 

Kemp.  Fifty  years  ago. 

Viiummt.  n  as  this  ground  orchards  or 

then? 

.  feSev^ral  plaoes  of  it  were  gardens  and 

(;   some  places  had  houses,  chiefly  to 

iwardy  sonte  good  bouses  and  orehards, 

y  Mr.  Craven's. 

rem.  Do  you  speak  of  the  hilly  or  the 

ind? 

.  The  middle  ground  chiefly,  that  that 

Jiward. 

Ten.  Did  you  knoir  the  Lynches,  the 

mud? 

.  Up  higher  to  Ratcliff'-highway,  I 

rem.  Did  you  know  the  ditrh  that  came 
e  bottom  of  the  Lynches  ? 
.  The  stream  did  run  in  several  places, 
irauod  was  good  ground,  Nortnward 


isil. 


i.  Were  there  any  houses  built  on 
bMle  of  that  ditch? 
.  There  were  a  great  many  built  be- 
la^tcb  and  theTbaRics,  between  Bell- 
id  Fox's- lane. 

len.  What,  fifty  years  ago? 
/  Your  own  survey  says  so. 
ViHimmi.  Call  Datuel  Hams.    Swear 
ifhich  was  done.)— Do  you  know  the 
lands  in  <|uestion  ? 
.  I  knew  it  when  it  was  a  mill. 
J.  How  long  is  it  since  you  first  knew 
sv.  Forty  years. 

J.  Prithee,  what  kind  of  a  mill  was  it  ? 
,  A  ground-shot  mill ;  she  took  in  wa- 
ai-wbarf,  and  it  ran  towards  the  West 
-lane,  in  several  brunches  and  ditches. 
J.  How !  a  gnnmd-shot  mill  sayst 
f hy,  these  gentlemen  say  it  was  an 
Imin. 

.  My  lord,  it  could  be  no  over-shot 
the  water  will  not  rise  bigh  enough  to 
sb  a  mill ;  it  ran  in  several  ditches  to 
it  fimn  rising  to  overflow  the  ground. 
BT  father,  who  was  a  millwright 
IbU  iae  he  had  known  it  tlirrr-  srure 
■i  Isiew  it  always  a  ground-shot  rniti : 
Mtfall  the  mills  about  Londo'n,  what 

Mb  Pniy,  how  old  was  your  father 
"'^"youso? 

I  iMd  known  them,  he  said,  sixty 
kwinen  deail  twenty  years. 
Wby  tbe  mill  was  removed  ;  lie 
iritOTkmg. 

no  proof  of  It  but  your  deeds. 


Hams.  My  lord,  there  it  was,  he  said. 

Ati,  Gen.  Was  there  not  a  pond  and  ditches  ? 

Hams.  There  mnst  be  ditches  to  receive  the 
water  as  it  came  in ;  but  still  the  more  the  tide 
came  in,  that  filled  up  the  ponds ;  and  as  it 
went  back  a^ain,  it  drove  the  mill. 

Air.  Williums.  What  profession  are  you  uf, 
pray  P — Hams,  I  am  a  mill- w right. 

Att.  Gen.  Pray  do  they  make  use  of  a 
troiMfh  in  such  a  mill? 

Iiams.  They  do  ibr  an  orer-shot  mill. 

Att,  Gen.  Here  is  a  trough  of  lead  in  their 
lease.  Do  not  they  use  a  trough  in  an  under- 
shot mill  ? 

Hams,  No,  if  it  be  by  the  tide  a  ground- 
shot  mill,  there  is  no  necessity  of  a  trough. 

Mr.  WiUinms,  We  have  a  great  many  wit- 
nesses to  this  point.  Swear  Grindy.  (Which 
was  done.)    ^e  yon  a  null-wright? 

Grindy.  I  am  only  a  miller. 

Mr.  WilUams.  Did  you  know  the  mill  in 
question  ? 

Grindy.  I  cannot  remember  it,  8ir. 

L,  C.  J.  How  long  have  you  known  the 
place? 

Grindy,  Thirty  or  forty  years :  but  I  had  no 
acquaintance  with  that  null  they  speak  of;  but 
I  know  it  is  impossible  for  any  over-shot  mill 
to  be  there:  ror  I  kept  part  of  a  Tide- mill 
myself,  and  have  done  so  this  forty  years ;  and 
I  know  the  water  must  rise  at  least  ten,  twelve, 
or  fourteen  foot  higher  than  it  needs  in  a  tide- 
mill.  For  we  take  in  our  water  as  the  tide 
comes  in,  and  we  have  a  pair  of  gates  that  are 
hung  with  hinges  at  the  top,  which  open  as 
the  tide  comes  in  ;  but  the  water,  as  it  goeth 
ont,  shuts  it  again,  and  that  keeps  the  water  to 
stand  three  or  four  hours  in  some  mills,  and 
tben  we  have  only  guts  that  belong  to  the 
wheel,  and  when  we  draw  up  the  gates,  the 
water  gors  out.  We  have  no  water  that  comes 
above  the  shaft,  which  is  half  the  heighth  of 
the  wheel,  which  is  sixteen  foot  high.  To  talk 
oi'  an  over -shot  mill,  the  water  must  rise  so 
high  as  to  go  over  the  whole  marsh. 

L.  C.  J.  And  must  drown  all  the  town  and 
country  too.  It  is  plainly  so,  Mr.  Attorney, 
talk  as  long  you  w  ill. 

Att.  Gen.'  Friend,  I  ask  you  but  one  short, 
plain  question  :  I  would  know,  can  they  use  a 
leaden  trough  with  those  tidc-roills,  as  you  call 
them  ? 

Grindy.  We  can  use  none,  nor  do  we  make 
any  .such'  thing. 

Att,  Gen.  Would  not  the  springs  in  the 
Lynches  carry  an  over-shot  mill  ? 

Grindy.  Sir,  1  have  seen  the  place  all  altout 
many  times ;  and  1  will  lay  any  man  '40l,  to 
^05.  that  all  the  springs  tborealN)uts  diall  not 
proiUicc  a  quarter  tnough  water. 

Mr.  Wiliiams,  Where  is  George  Care? 
Swear  him— [Which  was  done.]— Do  you 
know  Fox's-lane?— Cart.  Vi'ry  well. 

Mr.  Wttlitnni.  Ifow  long  liuve  you  known 
it?— Oir<:.  Eiffht-and-tilty  years. 

Mr.  IVilliaifis.  Did  vou 'know  Shadwell,  the 
well  so  called  f-^Carc,  That  1  did,  Sir. 


KkowIcs.  No,  one  Ga^,  or  some  such  1 
£.  C.  J.    I  suppose  it  was  to  Mr.  Cage*! 
chamber,  tbat  mairied  Okey's  widow. 
8eij.  Stringer,   I  believe  it  was,  and  I  am 


iiiS]        STAT£  TRIALS,  36  Charles  II.  l6B4i.^Tke  Lady  htft  TrM,       [61^ 

Mr.  Williams,  Wbere stood  it, pray? 

Care.  At  tlie  upper  end  of  Fox's -Jane  as  we 
go  westward,  aud  just  at  the  side  of  the  church- 
yard tlicre  is  one  now,  and  brick'd  over  head 
fvhcre  they  used  to  fetch  water ;  I  never  knew 
any  othrr. 

iVIr.  Williams.  Was  tliat  called  Shadwell  ? 

Care,  I  never  knew  any  other  but  what  I 
tell  you  of. 

Seij.  Stringer,  Pray,  what  was  usually 
taken  to  be  the  east-bound  of  Wappine- marsh  ? 

Care.  The  west- side  of  Fox's-lane  ,was 
called  Mai-sh-wall,  or  Wall-marsh,  and  that 
was  the  boundary  to  Stepkins's  lands ;  and 
eastward  was  always  tlie  lands  of  the  dean  of 
Paul's,  and  I  have  kuoim  it  this  eight-aii4> 
tifty  years ;  nay,  I  was  tlie  first  that  ever  built 
an  nousein  Fox's- lane. 

Att.  Gen.  Do  you  know  tlie  Lynches,  orthe 
high  ground  nortbwarfl  ? 

Care.  I  know  it  nut  by  that  name. 

Ait.  Gen.  This  ^  ell  you  speak  of,  did  it  not 
rise  out  of  that  ground  1* 

Care.  It  was  by  the  church -yard  that  is 
now. 

Att,  Gen.  You  have  claimed  the  inheritance 
of  it. 

BIr.  Williams.  Sir,  we  hope  we  shall  not 
need  to  be  taui^ht  which  is  our  inheritance ; 
where  is  Mr,  Marr  ?  We  shall  now,  my  lord, 
answer  the  admeasurement  made  by  her  sur- 
veyor Holwcll.  Pray,  will  you,  Mr.  3Iarr,  tell 
the  conrthow  many  acres  it  is? 

Marr,  The  land  which  is  counted  Wapping- 
marsh,  which  is  bounded  on  Fox's-lane  east, 
on  the  dean's  land  west,  upon  G  rash- mill, 
Well-close,  Nijrhlingnle-lariO,  &c.  if  ue  take 
it  to  the  ii[pi.-r^ruuntl,  dotli  coi.iuiu  lyo  acres; 
buttukc  iiitliut  uhich  is  in  que.Ntiun  tuu,  und  it 
makes  141  acres. 

Mr.  Williams.  Did  you  measure  it  too,  IMr. 
Levbum  ? 

t^i/burn.  I  did  so  too,  Sir  ;  and  it  is  as  he 
says. 

"i.  C.  J.  IIow  much  is  it? 

hcyburn.  I  took  the  nh(»le,  from  St.  Katlso- 
rine's  lo  Fox's-lane,  and  it  makeu  i:U)  acri-s 
besides  the  upland  and  foreland,  and  the  lil.e 
between  Grash-mill  and  Wall-iiiarsh-v.a!i :  i:  h 
at  least  so  much :  it  is,  I  think,  somewhat  more, 
the  diicht's  btMug  undonniucd. 

Z.  C.  J.  Well,  what  is  it  all  this  while  you 
keep  my  hrotlicr  (Jrojro:y  i'ur  ? 

Mr.  iViltianis.  If  your  lonlship  please,  v/e 
Jiave  only  a  short  question  to  ask  Mr.  IJaron 
Gr^nory;  if  ho  please  to  he  sworn— [Which 

was  done] Where;  is  3Ir.  KnowlesP    JSir, 

you  were  pleasiid  to  say  that  the  writings  were 
carrietl  to  Mr.  Neale's  counsel  in  Gray  *k- Inn, 
anil  til  at  that  writing  was  among  them  ? 

Knoulfs.  Tliey  were  so,  aud  I  iK^licve  it 
^as  amori^  them. 

Mr.  Williams.  My  lor;l,  Mr.  Baron  Gregory 
had  the  prnisal  of  f ne  writings. 

L.  C.  J.  But,  Mr.  Williams,  my  brother 
C«regory  was  not  named  to  be  the  counsellor  in 
Gray's-(iui. 


sorry  we  have  kept  Mr.  Baroa  Gregory  so  long. 
Knowles,  pray,  did  you  know  they  were  witti 
Mr.  Baron  Gregory  ? 

L.  C.  J.  Did  you  know  that  they  were  with 
my  brother  Gregory  ? 

^Knowles,  No,  my  lord,  that  I  remeniber. 

L.  C.  J.  Well,  brother,  we  camioi  help  your 
staying  now ;  but  remember  you  had  an  oftr 
made  you  at  first,  and  you  are  punished  for  r^ 
fusing  it.    Go  on,  brf>ther  Strinser. 

Serj.  Pemberton.  My  lord,  wat  which  we 
were  surprised  with  the  last  trial,  was  thft  nor* 
ness  of  tlicse  deeds  to  us.  It  looked  to  ui  t» 
be  so  strange  a  thing,  so  amazing  a  thing  to  iii, 
that  we  knew  not  how  to  give  an  answer  to  it 
We  have  since  considered  of  these  things,  sod 
your  lordship  dotli  see  what  account  they 
themselves  have  ^vcn  of  them ;  and  what  m 
iuiprobability  it  is  that  these  deetia  should  be 
found,  as  tliey  say.  Here  was  a  posseHSM 
which  we  have  proved  under  the  dean  of  PaoTs 
lease  for  so  long  ;  this  they  wonld  strip  us  of  i 
thrse  di'Pds  they  have  trumped  up.  U  niadeoi 
look  into  it  more  warily,  and  we  cannot  ooncdfs 
it  pr(»bab!e,  or  any  thmg  Ukely,  that  the  deed 
of  jmrcliasc,  whereby  this  land  is  pretended  tt 
be  piu'chasetl  into  the  family  of  the  Stepkiai'^ 
should  be  found  in  the  hands  of  the  desD  of 
Paul's  lessee,  who  likewise  purchased  itof  Uit 
state,  as  the  inheritance  of  tne  dean  of  Paul's. 
How  could  the  deed  of  purchase  from  HiUbi 
in  our  lessee's  house  ? 

Att.  Gtn.  It  was  not,  that  is  a  mistake. 

Si'ij.  Pcmberiun.  Good  Mr.  Attorney,  do 
not  hiierru|,t  inc.  We  must  i-ely  upon  it',  tbit 
Ibey  swore  it  the  last  time,  aud  that  the  dt-cd  of 
iiihiritanro  was  made  four  days  licfure  oar 
(k'cd,  on  purpose  to  wari-aut  the  trick.  Here 
is  hkowise  a  surrender  made  between  Hal)  ind 
Stcpkins  prodiKvd.  IIow  should  the  detfi*! 
lesft.cs  coiiiL*  to  ha\(!  that  deed  ofsurander? 
I>i!t  to  siUisiy  your  Iwi'dship  in  lliis  matter,  we 
Nhall  !;^ive  ai';i*lland  fair  evidence  that  tbest 
di'L'tis  an*  forg-od. 

!^lr.  Bradbury.  ]\Iy  lord,  we  have  hid  ■ 
\iolc-iit  suspicion,  that  these  deeds  were  forged. 
Hut  wo  Kiisj)cct  it  now  no  longer,  for  webavf 
dctectcvi  it,  anil  will  show  as  palpable,  self- 
ev'i«l«iit  fori^ciy  ujion  the  face  of  these  deeds 
as  ever  was.  '  I  (U'^.il■e  to  see  the  deed  of  die 
IJlh  of  Novonibor,  in  the  '2d  und  od  yews  of 
Phihp  and  Mary,  from  IMarcellus  Ilall  to 
Bopc'V  ;  and  that  of  the  22tl  of  December,  in  die 
same  years,  from  I^Iiircelius  Hall  to  Carter,! 
desire  to  see  too.  Your  lordship  sees  tbeuse« 
thi'se  deeds.  The  one  is  grat\eJ  upon  ourlcs* 
from  dean  Fecknam,  where  it  is  recited,  tbrt 
the  mile  is  demolished,  and  a  new  one  eroded  ■ 
in  another  place  (says  their  deed) ;  and  upOB 
that  they  set  up  the  notion  of  an  over-sliutinill 
and  all  the  puzzling  matter  brought  into  tUi 
cause.  But  I  dare  undertake  to  prove  ibc^ 
plainly  foiled. 


kTE  TRIALS,  56  Charles  IL  i684.— /or  great  Pari  of  ShadwelL    [6IS 

*  antii  Ifae  dissolution  of  the  same,  beings  the 

*  9th  day  of  December  then  next  ensuing.' 
Mr.  bradbury.  Here  in  the  act^  made  by 

the  public  council  of  the  kingdoiH,  the  stiles  is 
in  the  ancient  manner.  And  your  lordship  ob- 
serves these  no  small  differences.  Here  first 
Spain  is  lefVo\it  in  the  emimeration  of  the  L'ing- 
doms,  and  so  Sicily  and  Naples  is  instead  of 
them.  In  the  d^s,  Spain  is  put  in  before 
France,  and  the  Sicilies  made  a' kingdom  too. 
Secondly,  Here  in  the  stile  of  the  act  they  are 
called  but  princes  of  Spain  and  Sicily,  that  in 
the  deeds  is  quite  left  out.  And  then  in  the 
acts  of  parliament,  Millan  is  put  before  Bur- 
gundy ;  m  the  deeds  Burgundy  before  Millau. 
And  how  tbis  great  alteration  of  the  stile  should 
come  to  be  put  in  a  miller's  lease,  is  strange. 
We  have  next  an  account  of  all  the  fines  of 


I.  That  iS'ao  undertaking  indeed. 
ilkury.  It  is  an  undertaking  indeed 
le  defiendaot's  artifice ;  but  I  will 
oo  it,  and  shall  'demonstrate  it  so 
iiat  Mr.  Attorney  himself  shaU  be 
Jhey  are  forged. 
i.  Come  on,  let  us  see  this  demon - 

jdbury.   The  deeds   have    brought 
ice  upon  their  own  faces,  that  is 

fiojiis.  Prithee  open  the  exception. 
dhury.  If  jrour  lordship  please  to 
item,  the  stile  of  the  kin^  and  queen 
8  thus :  tlie  one  is,  *  This  indenture 
*  13th  day  of  November,  in  the 
jid  tliird  years  of  the  reitrns  of 
reign  lord  and    ladj^    Philip  and 


the  grace  of  Gotl,  king  and  queen    Hillary  term,  which  was  the  next  term  follow- 


»d,  Spain,  France,  botli  Sicilies,  Je- 
and  Ireland,  defenders  of  the  faith, 
I  of  Austria,  dukes  of  Burgundy, 
.nd  Brabant,  counts  of  Haspurg, 
and  Tvroll.'  The  other  is,  •  This 
made  tue  22d  of  December  in  the 
r.'  Now  in  November  and  Decern - 
1  and  third  of  Philip^  and  3Iarv,  it 
■Me  for  any  man  in  the  world  to 
fid  in  this  form  that  those  two  wri- 

I.  Ii  that  vour  demonstration  .^ 
Pny  let  nim  go  on^  roetbinks  it  is 


dtury.  My  lord,  I  had  the  hint  from 
oke  m  his  first  Institutes ;  not  as  to 
liar  stile,  for  I  know  he  is  mistaken 
for  the  detecting  of  forgeries  in  ge- 
lt is  very  well ;  pray,  go  on. 
dbury,  Mv  lord,  at  that  time  king 
I  (|iieen  5lary  were  among  oilier 
1  Vmoi  and  queen  of  Naples,  princes 
■d  Skily ;  they  never  were  railed 


ing ;  for  their  first  deeds  happen  to  be  in  Mi- 
chaelmas term,  and  then  the  parliament  sate 
too.    (Many  of  which  were  read.) 

Mr.  Bradbury.  Here  are  likewise  the  fines 
of  the  Easter- term  following,  which  shew  that 
still  the  old  stile  continued  in  all  the  public  re- 
cords. And  if  we  could  as  easily  have  brought 
all  the  enrolments  of  deeds,  that  would  prove 
the  same.  (The  fines  of  Easter  term  read.) 

Mr.  Bradbury,  Now,  my  lord,  we  shall  shew 
when  the  stile  turned,  tliat'was  in  Trinity-tenn 
after.    (The  fines  read.) 

Mr.  Bradbury,  But  1  cannot  see  how  these 
deeds  could  be  truly  made  at  that  time,  when 
they  stand  sinjrle,  and  none  like  them  can  be 
shewn,  except  they  come  from  the  same  tbrge 
that  these  do.  I  cannot  believe  the  miller  alone, 
or  he  that  drew  his  leases  for  him,  could  so 
long  before  prophesy  what  manner  of  stile 
should  hereafter  be  used. 

Mr.  Williams.  Your  lordship  has  heard  our 
deed  of  the  10th  of  December,  in  the  same 
year,  read  already ;  but  wc  having  here  the 
ledger-book  of  the  church  of  St.  Paul's,  which 


of  Spain,  and  both  the  Sicilies  ;  cannot  be  made  for  a  turn,  but  was  written  at 


lastly.  Burgundy  was  never  put 
an.  Now  io  prove  all  this  that  I 
I  here  all  the  records  of  that  time, 
I  prove  their  stile  to  be  otherwise. 
hall  shew  the  acts  of  parliament  of 

The  sitting  began  the  2l8t  of  Oc- 
hat  year,  which  was  before  their 
cbded  the  9th  of  December  after. 
ini  fead  tlie  titles  of  the  acts  of  i»ar- 
idyim  will  find  them  iust  as  I  have 
M.    Read  the  statute-book. 

ndti]  *  Acts  made  at  a  parliament 
if  hohlen  at  Westminstf^r,  the  21st 
AdMTy  in  the  second  and  third  years 
4n  rf  our  most  gracious  sovereign 
mkf  Philip  and  ]!£uy,  by  the  grace 
^7  and  queen  of  ^eland,  France* 
'  m  and  Ireland,  defenders  of 
of  Spain  and  Sicily,  arch- 
(dakes  of  Millan,  Burgundy 
mm^  uMUils  of  Uaspurg,  Flanders 
ik*  wmk  thi^ie  continued  and  kept 
2 


that  time ;    we  desire  the  stile  may  be  read 

there. (Whicli' was  done.) But  to  go  a 

little  further,  to  satisfy  \^\xt  lorJship  that  Uiey 
are  very  likely  to  be  forged,  we  shall  give  some 
evidence  that  this  is  not  an  unusual  thing  with 
some  people  concerned  in  this  cause.  The 
witnesses  will  name  them  lo  you,  and  give  you 
an  account  of  it.  Swear  this  lady  and  sir 
Charles  Cutterel.    ^Which  was  done.) 

L.  C.  J.  Well,  wliat  is  it  you  call  these  per- 
sons to  ? 

Sir  John  Trevor.  To  speak  plain,  my  lonl, 
we  call  them  to  give  an  accout;t  of  my  lady 
Ivy's  forging  a  mortgage  from  one  sir  William 
Salkhill  for  1,.5U0/.  of  a  house  in  St.  Marlin's- 
lan*?,  lo  which  fon»ery  Mr.  DuHHt,  that  laily's 
husband,  ii  as  privy,  and  what  InMirtit  he  should 
have  by  it,  you  will  hear.  Sir  (Miarles  Cot- 
terel,  pray,  will  you  tell  what  you  know  of  my 
lady  Ivy 'in  this  matter  ? 

Sir  C.  Cotferel.  My  lonl,  that  which  1  have 
to  say  is  this;  my  lonl,  I  am  tenant  to  mv 
lady  Salkhill,  sir  William  SalkhiU*s  widow,  in 


619j         STATE  TRIALS,  36  Ch arlks  II.  1  fiS4.— 7Xf  Lady  %'«  Triul,        [G90 

a  house  in  St.'  Martin's-lane,  and  was  lo  to  her 
husband  a  year  and  a  half  before  he  died.  The 
house  haih  been  built  backward,  and  the  gar- 
den sido  ihey  kept  to  themselves ;  but  all  the 
Itouse  th»l  was  first  built,  I  took,  and  have  it 
still.  My  laily  Ivy  did  come  to  the  house 
about  tliree  months  before  sir  William  died, 
parting  fnim  her  husband  su:  Tliomas  Ivy:  she 
<Mme  thither  as  a  refuge ;  where  she  had  been 
before,  and  was  received  very  kindly.  He 
died,  as  1  said,  about  three  months  after,  and 
my  lady  then  desired  to  kuow  how  accounts 
stood  betwrcn  sir  William  and  her  about 
moneys  he  had  lent  her,  and  sup;»lie(l  her  with. 
And  upon  the  account  she  appeared  to  owe  sir 
William  0(1 /.  she  then  took  4/.  more  out  of  my 
lady  Salkliill's  money,  and  told  her,  now, 
madam,  1  owe  you  100^  She  had  been  enter- 
tained as  a  guest  there  without  payinj^  anv 
thinGf  for  it,  anil  at  his  death  she  coniinuefl 
with  ii:y  lady  Sal k Kill  three  quarters  of  a  year 
after.  AnrrbcinsT  there  (as  she  pretendeii),  in 
great  kliiiiiiess  to  me»  she  persuaded  my  lady 
and  me,  that  the  lease  of  my  lady's  house 
should  l>e  turned  over  to  me,  in  trust  for  a  debt 
for  fourscore  pounds  that  was  owing  to  me  by 
air  William  Salkhill.  Siid  I  to  my  lady  Salk- 
hill,  mmlam.  I  am  in  no  doubt  of  my  money, 
I  pay  as  much  rent  as  this  in  a  year  and  more, 
I  can  pay  myself  that  ^ay ;  pray  let  me  not 
meddle  with  any  such  thing,  Mr.iJuffett  will 
be  persuaded  I  mtend  to  cheat  them  if  I  should. 
But  still  my  laily  Ivy  was  at  it,  and  prevailed 
upon  my  lady  Salkfiill  to  press  me  to  it.  At 
last,  upon  their  importunity,  said  1,  if  it  be  ne- 
cessary for  my  lady's  servi*»c,  let  it  be  done 
what  yoi!  iliiiik  fit.  *  She  therefore  ga%'e  direc- 
tion to  !Mr.  Sutton,  ami  ho  came  to  mo,  and  I 
directed  him  to  draw  a  writing  to  turn  over  the 
house  to  mr  as  a  security.  lie  asked  me  how 
much  my  dcl»t  was  ?  Fourscore  pounds,  said  I. 
Said  he,  1  should  see  my  lord  of  Salisbury *s 
lease  to  my  lady,  for  he' must  take  out  soino 
things  to  draw  tiiis  by.  He  did  sec  it,  and 
took  as  much  by  note  out  of  it  as  he  thought 
fit,  to  make  tlie  other  by.  Then  a  uTiting 
was  drawn,  this  was  in  Ju'ne  1670,  or  1671,  I 
ani  not  ceif^in  partiouhrlv  which;  hut  she 
brings  t!iis  writing,  ;nid  my  lady  Salkhill  sign- 
vA  it  by  her  dv  fliro ;  and  my  lady  Iv^'  and  Sfr. 
Sutton  were  both  wiiut  s:;os^o  it.*^  Alwut  a  year 
after  I  heard  that  siie  set  on  r<H»t  a  n)Ortgago  of 
her  own  upon  this  house  from  sir  William 
Salkhill.  1  wondere<l  at  it,  heeause  when  the 
account  was  made  up,  she  appeared  to  Ih»  in  sir 
A\  illiam'.s  debt ;  and  I  told  thos^e  that  told  me 
of  it,  1  would  believe  it  when  I  did  we  it.  I 
was  then  informed  the  writing  was  ai  3Ialmes- 
bury.  She  after  went  out  of  town,  and  comes 
bark  ngain  in  a  little  while,  and  thi^  writing,  as 
I  he:ird,  was  shown  to  Mrveral  persons  of  my 
acquaintance,  that  came  to  me  and  told  me 
they  had  saen  it;  but  said  I,  so  have  not  I,  but 
when  I  see  it  I  will  believe  it.  At  last  seijeant 
West,  who  wan  a  relation  of  mine,  f  marri*:d 
his  aunt,  one  day  brought  over  this  writing  to 
im ;  and  told  mn  ho  bad  got  this  writing  at 


last,  and  leave  from  my  lady  J  vt  Is  let  me  see 
it.  I  looked  upon  it,  and  there  1  did  see  «t  the 
bottom,  where  the  seal  was,  William  SslkhiU, 
and  then  i  tnmed  to  look  upon  the  wiUmscs 
names.  No,  says  be,  you  mnst  not  sec  that, 
who  are  witnes.ses  to  the  deed ;  for  my  lady 
Ivy  maile  me  promise,  before  sbe  let  me  have 
it  to  shew  you,  that  you  should  not  see  the 
witnesses  names.  Then  said  I  agvin,  I  have 
seen  enough  to  give  me  satisfaction  :  I  was  a 
little  the  more  coniii-med  that  the  thing  was  not 
a  reality  but  fiction,  and  so  I  tdd  liim.  My 
lady  saw  that  would  not  pass ;  sbe  ofiered, 
provided  Mrs.  DufTett,  my  lady's  daughter, 
might  have  the  advantage  of  the  house,  to  re« 
lease  the  matter. 

X.  C.  J.  Pray,  >Sir,  for  how  much  was  tiw 
pretended  mortgage  ? 

Sir  C.  Cotterel.  For  1,500/.  that  sir  William 
Salkhill  owed  her ;  which  I  thoogbtsomewhtt 
strange,  seeing  as  [  said,  she  ow^  sir  WiHiafli 
so  much  at  his  death.  At  last  I  came  to  pie- 
ducc  my  writing,  (for  she  told  me  I  might  give 
Airs.  Duffett  a  right  to  tlie  house.)  Ndw  1  bid 
not  read  over  the  writing  mafic  me  ;  but  now 
when  T  came  to  look  upon  it,  instead  of  a  oKHt- 
gage  for  securing  my  debt,  mine  was  a  deed 
of  sale  from  my  lady  Salkhill,  whereby  the 
house  and  the  lease  from  my  lord  of  Salisbury 
were  sold  mc  for  fourscore  pounds  ;  at  wbidi  J 
was  a  little  amazed.  My  lady  was  then  pbued 
to  say  I  was  a  cheat,  though  I  had  no  band  in 
it,  nor  indeed  would  Iiave  had  any  thing  at  all 
done  ;  but  upon  my  lady  Ivy's  importunitv, 
and  my  lady  Salkhill's,  I  gave  direction  only 
for  a  mortgage. 

L.  C.  J.  What  was  it  that  Sutton  took  oat  of 
my  lord  of  Salisbury's  lease? 

Sir  C.  Cot.  He  was  to  take  notes  to  draw  a 
mortgage  of  that  lease  by. 

L.  C.J,  He  got  the  notes  though,  for  might 
J  perceive,  to  draw  another  mortgage  by.  A 
very  trick,  it  smells  rank  of  the  knave. 

Sejj.  Stringer.  Pray,  sir  Charles,  did  yon 
ever  |my  any  "money  by  my  lady's  onler  ?  i 

Sir  C.  Cot,  I  did  lend  my  lady  Ivy  50/.  sbe 
being  in  distress  for  money,  afterwards  it  was 
inaile  up  100/.  Ah<mt  February  1671,  it  was 
made  up  1!260/.  and  by  agreement  among  them 
my  lady  Ivy  did  reliiupiish  that  said  mortgage 
she  liu(i  thus  set  on  foot :  and  there  was  a  deed 
Tripartite  made  lietween  me  of  the  first,  my 
lady  Ivy  of  the  second  part,  and  some  trustees 
for  Mrs.  Dulfctt  of  the  third  part,  whereby  lh« 
reversion  was  given  to  Mrs.  OuffettJand  my  lady 
coutirmed  it,  and  gave  my  lady  Salkhill  a  bond 
oi'  1000/.  in  whirh  colonel  Gravener  was  bound 
for  her,  thnt  she  should  not  trouble  my  lady 
about  tlic  house  ;  ytt  notwithstanding  did  sbe 
afterwards  write  to  Mr.  DufTett,  iis  I  have 
lieanl,  that  siie  would  set  it  en  foot  again, 
and  she  should  have  half  of  what  she  bad 
recovered. 

L,  C.  J.  The  inheritance  of  the  bouse,  ii 
seems,  is  in  my  lord  of  Salisbury. 

Sir  C,  Cot.  Yes,  my  lord ;  Sir  W.  Salkhill  bad 
the  original  lease  from  my  loid  of  Saliabory. 


fiSlJ    STATE  TRIALS,  36  Charles  II. 

^  C.  J.  >Vlial  direction  did  you  give  Sutton 
about  It  ? 

Sir  C.  Cof.  To  make  a  niort||^ge  only  to  se- 
core  fouivcoie  pound. 

L.  C.  J:  And  what  did  bo  make? 

Sir  C.  Cof .  An  absolute  deed  of  sale. 

L.  C.  J-  Was  there  no  proviso  in  it^  to  be 
foid  upon  payment  of  money  ? 

Sir  C.  doi.  No,  nothing  but  an  actual  sale 
for  so  much  money . 

L.  C.  J.  You  say  my  lady  Ivy  afterwards 
did  relinquish  her  pretended  mortgage;  pray 
bad  she  nothing  for  it  f 

Sir  C.  Coi.  Nothing  that  I  know  of;  she 
joined  in  that  deed  Tripartite. 

Mr.  Wiiliamt.  What  should  dispose  her  to 
^e  Mrs.  Duffett  1500/.  if  it  were  really  ow- 
uybcr? 

L  C.  J.  Is  that  mortgage  here  among  your 
— ^ — p  Mr.  Attorney? 


Lady  Ivy,  Indeed,  my  lord,  I  would  have 
knogbt  it,  if  they  had  given  the  least  notice  of 
«te  they  now  talk  of. 

Ait.  Gem.  Sir  Charles  Cotterel,  do  you  know 
iktBT  lady  Irv  tbrged  that  deed  ? 

8b  C.  d.  Not  1 ;  but  it  did  appear  to  me 
librM  true  deed,  upon  what  I  found  and 

Iddj  Jvy.  You  must  give  an  account  for 
ite  joa  Mve  said  here 

li- u./.  Nay,  Madam,  pray  do  not  be  in  a 
{•■■■':  he  has  sworn  what  he  has  said  here. 

Ujy  Ivy.  If  he  doth  swear  it,  he  is  for- 


2b  C  /.  Nay,  madam,  you  must  be  more 
linatemthe  court ! 

Mr.  Wiliianu.  Mv  lady  tliinks  she  has  oc- 
cnm  to  be  angry,  but  it  may  be  we  shall  give 
her  more  ezercisie  for  her  passion  beibre  we 
bne  done.  Pray,  swear  that  bdy,  Mrs.  Duf- 
te.  Will  vou  acquaint  my  lord  and  the  jury, 
•hil  yuu  know  has  been  done  by  my  \m\y 
Iv^,  or  by  her  directiou,  in  making  and  al- 
iBn^g  of  deeds. 

Mrs.  Duffett.  3Iy  lord,  I  did  see  Mr.  Duf- 
kKLIhrgc  and  counierieit  several  deeds  for  my 

L.C.J.  Do  you  liear  what  she  says,  Mr. 
AUvBey  ? 

^Aii.  Gem.  Yes,  my  lord,  we  sliail  give  an 
MMUK  of  her  anon. 

L  C.  J,  Truly,  I  hope  I  mistook  her,  and 
M  not  hear  right  what  she  said.  Pray 
WbeH,  speak  it  over  ogaio,  and  cont>ider  weft 
»htt  you  say. 

Mis.  Duffett.  I  say,  my  lord,  I  did  nice  IVlr. 
DiCelt  fiirge  and  countiTVcit  several  deeds  t'oi* 
■ylldy  Ivy.  The  tirst  thing  tliat  I  do  re- 
■labtr  was  in  the  trial  betwitTi  her  huxb^ind 
MJihe ;  Mr.  Dnifett  did  by  her  order  muti- 
Milaboad  from  him  to  S4)iae  third  pi;rK)n 
fcliODOt,  and  several  letlei-s  pretende<l  to  be 
■Mb  firom  sir  Thomas  to  my  latly  Ivy  w(*re 
Tlie  next  thing  that  I  romeinher  : 
ras  writing  upon  u  iKnthment ;  1 
)mm  what  he  was  writinf^':'  Ho  an- 
■i^  He  WMOOOUterfciting  one  Glover's 


1684.— >r  gretU  Pari  of  Shadwell. 

lease,  by  which  my  kidy  would  get  many 
hundreds  of  pounds,  and  for  which  he  shoukl 
have  500/.  I  desired  him  to  consider  what  he 
did,  for  before  that  time  lie  had  l)ecn  account^ 
ed  a  very  honest  man.  Some  time  after  that» 
my  lady  Ivy  did,  upon  pique  to  my  mother,  my 
lady  l&lkhill,  set  a-foot  a  mortgage  she  pre- 
teuided  to  have  of  the  house  in  bt.  Martin's* 
lane  for  1500/.  from  my  father.  She  did  once 
tell  me  she  had  such  a  mtirtgage,  as  she  pre* 
tended  real,  but  that  it  was  drowned  in  a  trunk 
of  writings  coming  from  Malmesbury.  Said 
1,  my  mother  and  sir  Charles  Cotterel  will  not 
believe  it,  if  you  do  not  let  them  see  it.  I  am 
satisfied  as  to  my  concern  in  it,  and  would  not 
have  you  proceed  in  it,  for  she  pretended  she 
did  it  for  my  advantage.  But  aiWrwards  Mr. 
Duffett  and  she  did  agree  to  make  a  writing, 
in  my  sight,  of  a  mortgage. 

Z.  C.  J.  Was  my  lady  Ivy  by  when  th« 
writing  was  made,  as  you  say  P 

Mrs.  Duffett,  She  was  by,  giving  him  or* 
dcr  how  to  make  it,  and  what  ink  be  should 
use  to  make  it  look  old ;  and  they  forced  me 
to  make  the  ink,  and  to  fetch  saffron  to  put  in 
it  to  make  it  look  old. 

Serj.  Stringer,  Now  will  be  the  time  to  shew 
my  lady's  letters. 

L.  C,  J,  Misti'css,  I  would  ask  you  one  ques* 
tion  by  the  way,  whetlier  while  these  things 
vrerc  doing  at  any  time,  any  body  did  come  in 
and  give  you  any  interruption  Y 

Mrs.  Duffett.  My  lord,  Mr.  Duffett  and  my 
lady  made  me  oftentimes  stand  at  the  door 
(for  we  were  but  hHlg^ers)  that  no  one  might 
come  and  disturb  them,  and  I  never  remember 
any  that  came  in  thither  but  one  Mr.  Sutton  an 
attorney,  my  lady's  attorney. 

L,  C.  J.  Did  be  see  any  of  this  done  ? 

Mrs.  Duffett.  I  cannot  say  he  helped  to  do 
any  thbg,  for  when  he  came  in,  they  some- 
times sent  me  out  to  sec  that  nobody  should 
come  upon  them  ;  and  so  what  he  did,  I  can- 
not say.  But  he  was  let  in  when  Mr.  Duflett 
was  counteHeiting  for  ray  Indy  Ivy. 

L.  C  J.  When  was  this  ;  about  what  time  ? 

Mrs.  Duffett.  Of  the  day,  my  lord  i* 

L.  C.  J.  No,  how  lonpr  ago  is  it  ? 

Mrs.  Duffett,  It  might  be  about  1670,  or 
1671. 

L.  C.  J.  You  are  my  lady  Salkhill's daugh- 
ter, I  think,  and  married  Duffett? 

Mrs.  Duffett.  I  did  so,  my  loni,  I  am  her 
dai'ghter. 

Si'iJ.  Stringer.  Pmy  what  did  they  <!«i  to  the 
deril^.  they  miulf,  to  make  them  Kwk  like  an- 
cietit  \ruti  dt^lsj* 

Mr:  DuiffU.  For  the  mf»kinpf  of  the  out- 
i>i'!f's  l')()k  oi:l  and  dirty,  they  used  to  rub  them 
on  uiiiilowR  that  were  vcrv  dnsiy,  and  wear 
them  in  their  pockets  to  crease  them,  for  some 
iverks  togetlicr,  accordinff  .-is  ihey  intended  to 
make  u«e  of  them. 

Att.  Hen.  My  lord,  as  it  hupfiens,  we  have 
thnt  deed  she  tulks  of,  c :d Jed  <■  lover's  lease, 
here. 

L.  C.  J.   Ay,  I  suppose  you  have  such  a 


liiiMli;irri<t  a  ^k^.m  und  li  haff  bsfvnift  he  MtsiL 
hi>(i>;f'  liatl)  been  Uuik  bnckwEnl^  anil  il'* 
4fta  sidi'^  ihcy  joept  to  tbt<mietviss ;    boi 
liouMu  tMt  was  fkmt  liutti^  I  tAok,  Jini^   < 
mil  J.      1>fy  huly  Ivy  (Ud  v!<7nifi  ti>  tl. 
tboiit  tbrce  month*  beibre  iif  tVilif  >  . 

oamt)  tliiibi^r  tui  n  rdti^^f^ ;  U'liere  «ltr  U.   . 
ht^bfm^  OlUA  was  rmo^ttfA  vpry  kimilv 
dM|  nil  1  isadf  vb&ai  thrtc  tnonilH  al^i'-r 
my  my  liiai  desired  to  know  hrm     > 
fiaod  hfMKfn  Btr  WilltAtn   sn^l    tv 
mtmey%  h^liaii  Jvttl  hirt  and  mji^lic«l  < 
Aad  upon  IJie  ftccmiQi  vbs  ifiM!^^  i 
Waiiain  fW.  die  tbon  took  4^  m-- 
lady  HAJkJiiirrt  fUiftictyt  ad  J   til 
inA«facn,  I  t\mm  yon  lool    Hh^  h*tii  \- 
Umed  hq  ii  (^dcH  tlu.*re  l^ttimt  p\ 
limi^f  fof   i%  anil  tvt  hit  rfrjitli  c^*» 
wilb  my  Mj  8' 
«lU;r.      Af\d  bi»ir.;;  '  /'     ' 

gtmi  kinttite4ai  to  nte,  sbi  pcrHuu' 
imd  mis,  that  llie  Iftm  of  ro^ 
^hoiiicl  bfr  titnnril  oxpv  t«i  tr»r  i  i 
far  irtiii^cmip  patiiMi*  ihAt.  u  : 
■irWif^         ■     ^  ?nll    £*4vill  t.M  • 
hiili  LJ  II  m  iio ikiiiU  ri 

I  piiy  lus  UP 
I  cwi  p»y  ] 
iHf^ikHo  wUli  .iM^    ,111  -  ,1 

Jiui  iitil)  my  Ijuly  Ivy  u«:. 
upon  my  ^^ly  Haikmll  to  p 

ilLit,  apflO  illiril'  ll>ii»oi  titr»;:  s 

cfwiiry  ihr  my  i 
whal  ^oii  think  i\i 
tjop  t£^  Mr*  Hottfjn,  Rii 
dirpckHniitii  Utihnw  ti    . 
Iioim^  lo  m**  iwk  a  tt^cy  t^  ; 
itmoh  aiy  dtbt  wm  ^^  J- 

l0(u»e  t4>  my  \u^\s .  ; 
tlimgi  to  dmw  ibu  by 
laok  *m  miuih  by  MiaUs  tni(    * 
Uti  0  tonkr  tbf  ATt 
W5I*  drawn,  ibia  ^i  ; 
Mm  mil  o4^na»fi  | 
faring  Itim  wittiti,. 
isd  it  by  bear  ri«fii  t 
AattEm  mfrolKab  .^  * 
oiler  f  kt^^iirft  IbvLi    .. 

HtiMiiiL     Iwi^m}. 
iiN^iJiit  wm  vmd*  • , 

of  it,  I   would  Wii*  * 
wfts  lb«n  infoTfRiHl  \U 
bury,    SbtfQf^trm 
baif^lt  9g«iii  in  •  Ini)' 
I  lirAffi,  wax  lilMKvii  • 
ftcquEiatiiiior,  ibat  o 

«rb«»  I  if«U  ]  i«ii:  > 
WM,  wlm  wm  ^^  : 

ov;  Hilt  lold  mil   > 


STATE  TRU tS.  sG  Chaklcs  II.  168 4.— >f  greni  P^iri  vf  SkoJmlL    [639 


fciiiiitihi 

4Ciyt  Uine,  &v 


I*  ilicy,  anil  wl» 
.:,  ;;  it.  ^rhey  tell 
nm  my  i'>rd  Coke  1 
urto  a  i^t?ftt  em>r ; 
in  the  i'oiii(nvtulioti 
^  grtui  maii^'  tiiHi'r 


I 


id  ' 


ibI  M%ty 
^  titl»  111 


!»♦ 


I  knnw  bp  tit  tnistnken ;  but 
i»f  that  lime.  I 
1  abmit  detect 

ilJ  your  corrfi^leocti 
^"•tudation  tmht 

. '  s  5,  who  wfts 

iiii  cmwn  the  25th 

"d   veiirs  of  Philip 

t-rolls^  ID 

;iy  of  the 

■■Ml,  Dlcf  u  tlic  ^UU  liiat  vvaja  ustcl  at  first 
tml4  nut  lie  aketetL  But  the  lact  uf  ttietr 
lanf  the  Idiif  a 
«m»  lc»  nil  II 

)tii in  QwllHadtJit tM  mt  mm.^  "j*  im»i 
t^mm  M to  our  dc-etfs ;  90  that  the  11 
liwta*  ;  but  lliat  14 lit  not  pjove  n... 
Avfui.  It  nkAV  be^  tUc  ruurtK  of  luw 
ill  tiki  tmtioe  of  it.  as  to  ujter  the  s.tile  until 
THttqrtrma  ;  ihoii^h  we  ImTe  not  seartrbed  so 
fti  IBM0|^  tHciU|  but  tn  the  ocmmon  convey- 
•M9ttlticit  ikrr  upoti  record  in  the  rolk^  there 
iMill#TM*r    And  r»s  lo  iht- I'^tH'of  thnrbe- 

lliil^r  the 

L  C.J.  I  tt  Ah 

t  two  ob- 

rice 

^  ivh> 

;  !iiiri  lUat   yr^a  the  survey, 

I  oM^i  1  i;cJ"  of  the  vicloiy, 

T  \T3s  §0,  to  me 

y  ibe  defen- 

i'ai*e  to  have 

It.    Now  he 

i'n  a  bUbb  of 

the  »^^ret  to 

'-^^  ...ere 

:i  la 

live 

for 


.  C.J.  I  tt 
lr,JlitMii«^  h 

inth 

M  brftg^d  ut  It 
vfch^  with  much 
•ii  ^rmlitflrd  :  and  v 
^•r^Md  tin*  iiUhKiM 


•wi  yon, 
Wiirt^ua 


you  aigvin^ 


I  iMtfH;  bat  mu^.  . 
I  hyi<  ^  the  stile 
I  <Mfi< ;  «nid  by  t 
i«0i«^  ibe  biaiiMM, ; 
^  lHlltiiMv|iiil««do 
tililtlowltutofy.  ' 
iW  iMH  iramberK  c  ^^ 


loawer  to 
'  f  hv  t!i*^ 


AtL 
•irk* 


mk  B  itoy«  ft 


h  If r.  PBik«*ft  pbiefif AtiunM  un  this  (.nuie 
uu  vf  the  Law  of  £vtdtiiee^ 


•  t. 


deuce;  hut  f  say,  h»:j*ides  that,  here  is  a  (jen- 
llemnfi,  Mr.  Clerk,  that  ftearclied  ihe  r«iH,  lyitt 
he  H ill  toll  you  vthul  they  iire  in  tliis  point. 

Mr*  Cittrke.  I  dkl  seaivU  in  the  rofln,  and 
And  many  in  that  yt^Jtr  like  these.  And  my 
ford  Coke  is  utterly  luistJiken  ;  he  my  a  it  wu« 
not  altered  until  the  'Ith  and  5th  years  of  Phd« 
and  3Iary. 

L.  C,  X    1  care  not  what  iny  lord  ('ok 
sav«»  hut  what  the  records s*iv,  let  us  tiee  then 

Mr.Cfetk.  I  saw  r   my  in  thiit  ycnii 

L.  C,  J,    Lord,    L  ,   ulmt   do" 

makeof  us,to  keep  i. .  ,,v._  ...  Ii  1  if'  t,  .»  i 
what!    Mr.   Attorney,  h«   tciln    u 
Neale  was  so  gr^at  a  blockhead  to  r 
and  90  we  were  prepared  t>if  mi  Jui 
all  the  aniiner  is,  my  lord  Coke  i^ 
and  there  aretnany  records,  but  we  hioe  nun 
of  theuif   Prifirioniti,  Pneuiuniti.     If  he  dn 
bn»g  90,  and  yon  knew  it»  and  would  not  hrinj 
records  to  wipe  <dT  tlie  objection,  it  ts  ten  tim 


wor>- 
the: 


un.'iwercd  only  ^^ii\ 


'^'  .  a-,rt.i'(/^  ,.  i'o  iT'id,  I  dare  affirtn  tha 
arc  none  of  the  Holb  of  that  year  so,  nlj 
,     .  Easter  terra. 

L.  C.  J,  Lo!"d,  8 IV,  you  must  bcj  cackling^ 
(<;f> ;  u*^  told  you  your  objection  was  very  tu* 
^'uious,  but  tiiat  nnist  not  make  3'ou  trouble  ' 
some  ;  you  cannot  lay  un  egj^,  but  you  wu9 
be  cackltn""  over  it.  Thte  objeotion  is  nowjl 
II  pon  them , let  them  answer  \  i  il'  they  ca n .  i  lav 
yon  any  of  the  records  here  ? 

Sol,  Gea.  ^Ve  have  not,  it  seetns,  my  lonl*  '1 

L.  C.  X  Then  thi^  must  pasa  unatiswe 
;<nd  must  be  left  to  the  jury. 

Sof.  Gen,  But,  my  lord,  they  hnrr-  -'^• 
little  farther  in  this  rase,  and  indee^l }  1 
becomes  them,  I  think,  to  lay  n^m^i 
my  lady  Iry,  as  if  she  were  ft  jnlt) 

ot  forgery.    And  for  that  sir  C  .  ucix 

swears,  tliat  she  did  pretend  ^he  had  a  mort^^  j 
gaife  of  a  house  in  St.  Martin's -latie  for  l,3tH)fl 
und  thisE  nioflgige,  he  says,  lie  was  told  of  by 
some  thj»t  didsee  it ;  whereupon  he  did  lik*-^^ 
wise  debire  to  see  it ;  and  withi-i 
he  declared,  he  would  never  Ik 
reality  of  the  thing  :  and   lhcreiJ|Mui  .1(1 .  .•^n 
jeant  West  brought  it  hitti,  and  he  saw  it,  bnf  I 
was  not  permitted  to  seethe  witnesise*  names^l 
and  thereupon  he  was  mare  tlissatistictl  thnit ] 
before  about  it.     But  if  sir  Charles  Cotteref  1 
hai)  i^'^iven  any  the  least  intimation  ofsuehii] 
ihinq-,  now  we  would  ha veg^ra titled  them  with 
8  sight  of  It  in  court,  where  he  should  h^vtrhiicl  i 
hiH  full  view  ;  tor  my  My  bus  itbtiil,  and  it  it  \ 
a  true  morti^age,  and  for  a  real  cousidrmtion, 
Bui  he  «i5»y<v  thii*  IS  relen^sl,  und  fiht*  ihd  thnt, 
as  i>  -  '     :     -     ■  ''■  ■  r 

it.    r 


1.1  1'.'.'. 

>«  \ 

4.. 

l\ 

,T^;u4 

1 ;  u  J 

I'lr* 

fi-om 

m  V 

hi 

ty 

»\v, 

for 

nme 

r    T».    r. 

if,.  * 

,.i 

t]u^    . 

,L. 

turu* 

gavt€  :  but  tthtj  has  ihe  dt»ed  ^iiii — 


T 


C.  X  Bat  what  «ay  you  \9  th»  fletf^^t^ 
3S 


€27]        STATE  TRIALS,  S6  Chables  II.  1684.— 71l«  Laig  Iv^$  THol,       [OSB 


t  to  answer 


sale,  and  my  friend  Sutton's  notes  out  of  the 
lease  ;  and  the  debt  of  961.  and  4/.  but  a  little 
before  acknowledged  by  my  laily  lyy — 

iS^.  Gen,  My  lord,  in  ansuer  to  tbat,  we 
tNiy,  he  has  been  pleased  to  give  it  a  great  deal 
of  garniture ;  and  as  he  is  master  of  tlie  cere- 
monies, to  adorn  the  story  with  abundance  of 
iourishes  of  his  own  kincfness  and  interests — 
L.  C.  J.  Mr.  Solicitor,  you  are  not  to  judge 
of  that,  whether  it  be  flourish  only  or  sub- 
stance ;  the  court  and  the  jury  are  the  judges 
of  that,  and  truly  I  think  it  very  material  to  the 
cause ;  I  assure  ^ou  I  do ;  let  the  dirt  be  taken 
off  as  it  can,  it  sticks  very  much ;  I  must  speak 
my  mind. 

Sol,  Gen.    When  I  am  over-ruled,  I  ac- 
quiesce in  the  judgment  of  the  court. 
L.  C.  J.  iVay,  Sir,  apply  yourself 
the  evidence. 

Sol,  GcH.  So  1  do,  my  lord,  as  well  as  I  can. 
The  next  witness  is  tliis  gentlewoman,  Mrs. 
Daffctt ;  she  swears,  that  she  saw  her  husband, 
Mr.  Duffett,  counterfeit  many  deeds,  she  docs 
not  particularize  them :  ana  here  have  been 
likewise  several  letters  read,  that  did  import  a 
transaction  and  correspondence  between  my 
lady  ivy  and  him. 
L,'C,  J.  Pray,  Mr.  Solicitor,  remember  she 
„#lkrear«  she  saw  that  lease  of  Salkhill's,  and  that 
tailed  Glover's  lease. 

Sol,  Gen,  My  lord,  this  witness  that  swears 
this,  is  not  only  a  person  unfit  to  be  believed, 
but  is  contradicted  bv  a  record ;  and  for  that, 
my  lord,  it  stands  tfius :  Mr.  Johnson,  as  is 
wen  known,  had  his  trial  for  the  matter  about 
which  slie  now  swears :  for  Mr.  Johnson,  on 
the  behalf  of  alderman  Ireton,  undertook  to  pay 
500/.*  to  Mr.  Dufictt,to  procure  somebody  to 
swear  the  deed,  called  Glover's  lease,  to  be 
ibrg[ed.  Upon  this  there  was  an  Information 
exhibited  in  this  court  against  3Ir.  Johnson, 
ftir  subornation  ;  and  upon  full  evidence  John- 
ion  was  convicted  for  his  endeavour.  And  the 
record  of  that  conviction  we  have  here,  and  dc  • 
aire  to  have  produced  and  road. 

£.  C,  J,  And  I  tell  you,  Mr.  Solicitor,  that  is 
BO  erideuce  in  this  case. 

Sol,  Gen.  Why,  pray,  jyood  my  lord,  did  not 
they  here  inst  now  swear  lier  ? 

L,  C.  J,  But  the  infoi-malioB  put  in  by  Mr. 
Attorney  Noy,  pray,  remember,  was  not  suf- 
fered to  be  read,  i>ecaiise  not  iigaiust  ajiy  of  the 
parties,  but  third  prrs(»iis. 


♦  Roger  North  says,  *'Thc  ludy  prose- 
oatod  Johnson  for  this  subonmiion  by  infor- 
mation in  the  King's- bcr.ch,  nn<i  Xim  cause  was 
tried  before  Pcuibert(»n.  Jt  ap^jcaretl  that 
Jolmson  had  no  concern  or  words  but  by  way 
of  advice  to  his  client;  but  ho  uas  borne  down 
an<l  convict;  at  which  the  Ibllow  to..:,  despair 
and  died.  It  was  ihougiii  his  n)<  .isun;  was 
▼ery  hard  andcrud:  and  tbi-.i  sov.j  mighty 
point  of  interest  in  her  ladyship's  la  vi>uits  de- 
pended upon  this  man's  suflerin;;^.  '  Life  of 
Lord  KeeiHir  Guilford,  voL  2,  p.  l.'J,  Uvo.  ed. 


SoL  Gen,  But  pray,  my  lord,  give  me  le«f • 
to  apply  it  to  the  objection  here  made  in  our 
case,  to  the  credit  of  our  deeds.  They  say  it  is 
suspicious,  because  mv  lady  Ivy  useii  to  foig* 
deeds ;  and  particularly  Duffett,  Uwy  say,  £d 
once  forge  for  her  Glover's  lease.  Now  lo 
answer  tliat,  we  come  to  shew  tliat  rey  lady 
Ivy  did  not  forg^  GlovcrHi  leake ;  but  there 
was  indeed  an  art  used  to  persuade  Duffeti  to 
swear  it  forged,  when  indeed  it  was  not ;  for 
which  trick  Johnson,  that  was  the  agent,  or 
instrument,  was  convicteil ;  and  thatconTiction 
is,  I  think,  a  good  evidence  that  it  was  not 
forged. 

£.  C  J,  None  in  the  world,  Mr.  Solicitor  ; 
and  that  from  the  ray  tvidenoe  that  bis  beoi 
given  in  this  cause  tliis  cLiy  :  for  it -is  plain,  if 
you  will  bclie\e  this  woomu,  (and  I  yet  tee  no 
cause  to  the  contrary)  that  she  was  ooaiing 
into  the  court  to  have  sworn  the  truth,  which 
would  have  perhaps  cleared  Johnson ;  -but  my 
lady  Ivy  would  needs  keep  her  away.  Now  if 
Dulfftt  were  so  great  a  rogue  as  to  lurge,  1m 
would  not  stick  to  swear,  to  protect  that  forcery : 
and  then  how  easy  a  thin^  was  it,  had  Jolin« 
son  been  the  greatest  saint  m  the  world,  to  hav« 
got  him  convicted  upon  what  Duflett  came  in 
swear  against  him ;  though,  had  she  come  thai 
in,  Duflett  would  have  appeared  one  not  at  all 
flt  to  be  credited. 

Sol,  Gen,  My  lord,  I  have  then  mm  thing 
more  to  ofler;  1  cannot  tell  indeed  whether  it 
be  material,  for  it  seems  1  have  been  ao  un- 
happy as  to  oflcT  some  things,  that  have  not 
becntliought  maUTial. 

X.  C.  J.  You  have  so  indeed,  Mr.  Solicitor,  I 
must  speak  the  truth ;  there  have  been  several 
things  ofli'rcd  as  evidence,  which,  in  anuibcr 
cause  and  place,  would  not,  1  am  sure,  hava 
been  oflereu. 

Sol,  Gtn.  BIy  lord,  I  submit  what  I  ^fler 
fBr  niv  client  to  the  judgment  of  the  couit. 
Hut  that  which  1  would  say  now,  is  this :  W« 
have  liere  the  husband's  oath  concerning  this 
matter,  tbat  this  woman  who  now  takes  upon 
her  to  sweur  these  forgeries  and  things,  tAld 
him  she  could  have  500/,  if  she  would  twaar 
against  niy  lady  Ivy. 

L.  C.  J.  Is  that  evidence  against  the  Wife  f 

So/.Grn,  He  is  now  dead,  it  seems;  buth'" 
is  his  oath. 

L.  C.  J.  Pray,  consider  with  yourself,  < 
the  husband  have  been  a  witness  against-tbn 
wife  about  what  she  told  him  upon  an  infar* 
mation  for  that  oflence  of  subornation  ? 

Sol.  (Jen,  No,  my  lord,  1  think  not. 

L.  C.  J.  Could  the  wiie  be  an  erkleBM 
aguinst  the  husband  for  the  forgery  ? 

Sol.  Gen,  No,  my  loni,  she  could  not;  and 
yet  she  swears  it  upon  him  here. 

L.  C.  J.  That  is  not  «< gainst  him,  man;  be 
is  out  of  the  case,  hut  against  my  lady  Ivy ; 
and  how  can  the  oath  of  the  hubband  be  wi» 
dcnce  here  ? 

Ait.  Gen,  Crjer,  call  Mr.  Gibson,  togirean 
account  of  tliis  gentlewoman. 

Sol,  Gen.  Suppose,  my  lord,  that  both  ini* 


M0]    SIXTE  TRIALS,  36  CuAitLi^  IK  1 684.-/<w  gre^U  Part  of  $h^imtt.   [630 


l««J   mmA  mW* 

«*«f«    lirowjlit    OS   evidence 

H^- 

'    V  ,  n«-r«  ibrtl  trrtod  ? 

L 

,  limt  were  verv  frooil. 

SiH.  i_7 

^-.■'  '  -'    ■■"':  .  -r  them 

»7»«tiitt 

.  tiorje 

W  My  J  , 

Ik    .--k   .It .  ,  ui*d  the 

m^mj%.  w 

►  If  not  ilonc.  IkiI  8he 

t  500/.  to  sweorthey 

^•11*  littOt 

1  tbm  etidimre  be  admittHl 

••eimtrtT 

.•T? 

1- 

l^jnl  ♦  freotlemeiK  is 

iwy  M^   Ivy,  iher. 

e  Mr  HAMS  mi^aiilisi 


liwi  »  \utry,  Ihiil  it  in/e«l  be 

*•  cimlii!i:iU>  urt;txl  ?  i»  it  tfocnJ  lof^ic,  that  be^ 
tlwy  BOlli  wi*n*  ifdoil  wiineni««ffl  nqiTimst 
'  '  !  '■  ''.   "1  is   a 

hus* 
-t   iiH  ^^  lit-,  \ij  (ix  a 
a  do  not  intend  this 
>•  lo  <^priiil  liuic. 
Sir, 
.  ti  ir^s  dcjjie). 
iirif.   We  are  not  now,  njy  lord»  exa- 
whal  t>uif«tt  swore  aJwut  torgery  or  not 
\  Uit  i«  not  this  coiitf'HHion  of  hers  an 
—^  iffMiii«!fil  a^inwt  thp  creiiit  of  h4ir  testimony, 
^k  *wi  Mtv  lady  Ivy  do  so  jiiid 

^1  ««».  -sod  >ih«  eotdd  liave 

^B^2»»'  '  nq;.iin^[  (uv  lady  Ivy. 

^HHL  I  >fi.  fS4»lti  iti»r,  if  you  will  not 

^^^ff^  ..•:...    I  cannot  helt)  rt ;  is  it 

Its  ogainftt  the  vrW'e  ? 

J,    u    uuivihat  genttowoman 

—ijibiun.  I  have  Ueuid  of  her. 

J  i y»  be  not  ant^ry,  Wr.  HoUcitor  ; 

im4^Mm  lie,  i*  e  cAiitJot  help  thul  neilher,     Tlie 

liviftlWlaw  for  you  as  ndt  &«  me. 

Stf.  {I#it«   My  lord,  1  muni  take  Ihe  nile 


1 1 ,  Sir,  from  the 
il  tio  shall  every 
I.     I  assure  you 
r  displease;  we 
•*  Miih  imper- 
il Qvo  0€'C?U 

iay,,As  ever 

i  heard  ;  an<)  if 

vc^  it,  Uien  tiiey 

iy.    The  court  g;ive« 

CtJi  tlMEtll. 


til,. 


,ft 


cijvr,  ov 


^h> 


ttt  HOC  bavo 
MItliineY; 

••■lariv  omi* 


lit  |*c 


C^cai.    Iliivc  you  any  acquaintaoec  with 
n? 

1  h«ve  iocn  Ucr  a  great  while  a««, 

iy  G#n .  \V  hat  I  if*  you  ko< « w  of  h  er ''  W  hat 

(Hh9ii»    I  I  'A<r  of  her  reputation ; 

ibprdbfi  WE^    :,.  l:-.iLat*ii  wife. 
LC /.   Atd  »o  do  we^  (the  telli  ua  so: 

It  I  with  Mr. 

ii\d  thau  a 


9?lciauitr>fi, 
^  t  fcf  1 


^y- 


ft  ae^^THK  tlien  hy  daving^  this 
'  ^:^re  of  thi» 

iif  tlu8  too. 


j|//.  Gen.  You  will  give  our  evidence  an 
aiivwer  I  suppose  by  and  bye :  but  we  will 
go  on  to  the  rest  of  yours.  As  to  the  bill  .md 
answer  in  the  year  1629,  in  thut  of  John  Step- 
kias,  it  is  juiid,  he  make^i  the  iMunds  fa*»twnnl 
to  be  Fox^s-lane ;  but  it  is  phiin^  he?  (hat  givea 
in  that  answer  w^as  not  aripiaiotod  m\\\  th« 
T I'd nsaet ions  of  the  estiite  before  Ids  own  time. 
And  if  you  eonsider  the  time  of  that  tinswer, 
tliere  was  near  fourscore  years  then  past  since 
thf»  lease  made,  and  so  long  it  had  been  out  of 
the  family,  rendering  a  pepper-t'orn  rent;  and 
St  I  the  pi'otiiahle  interest  nus  ouly  the  four 
.-uTcs  siirrendeix?U  to  him  by  the  (entuit,  before 
the  liccmce  to  aliene :  and  it  appeal^  not  that 
he  hiid  any  notice  of  the  reversion.  But  I  ob- 
serve in  the  answer  there  is  one  pasoage  re- 
markable ;  thut  there  was  a  way,  time  out  of 
mitidf  that  did  part  this  land,  and  that  \vhi(^ 
was  rcputetj  the  dean  and  chapter^s  laud.  Novr 
that  doth  not  tie  it  up  to  make  Fox's -lane  that 
same  way^  but  only  says  fpuerally^  there  wat 
au  old  way^  which'  must  be  understood  of  the 
\\'\y\  down  from  Cock -hi!  I  to  Bell-wharf :  so 
thai  I  tak<^  it^  that  this  is  no  conclusion  upon 
us.  Nor  upon  the  same  ground  is  that  lease 
made  13  Jacobi,  by  John  Stepkitis,  where  he 
•ahutts  his  land  upon  that  u'all  which  is  called 
Wall-marsh- wall,  and  covenants  to  have  th» 
reui  iorreaseilt  »*  any  thing  beyond  that  be  re- 
covered ;  fur  there  was  near  tlirrtrscore  yearn 
to  come  then  of  this  lease^  and  he  had  no  j»re- 
tence  of  title  to  contest  it  at  that  time ;  audi  so 
the  reniicts  are  all  answered  that  way,  the 
lease  expired  not  till  tbe  year  1660. 

SuL  Gciu  Then,  ray  loni,  for  the  suiTey 
tliat  they  produce  of  tlie  late  titnes,  by  the 
order  of  the  committee  of  parliament  for  miitt 
of  diurch' lands,  how  that  should  give  a  tilJe, 
I  ikt  not  understand.  It  is  the  first  time  1  ever 
heard  of  a  particular  of  dean  and  chapter** 
lands  to  he  an  evidence,  w  hen  at  that  time  there 
was  no  dean  and  chapter.  But  that  which  li 
a  clear  answer  to  it  Ls  thisr  Winterburu,  who 
bad  the  lease  from  the  Chuirli,  did  also  claim 
under  !HaiT«l|us  Hall^  who  hail  a  lease  lor 
ninety  years:  that  in  time  ejspired  in  the  yeai 
1610.  That  interest  being  then  determined, 
he  ^ets  tljcsc  jmt  into  the  8un?ey  (which  it  was 
bis  interest  to  do)  as  the  inheritance  of  the 
chui'cln  which  would  gaiti  him  a  tee-simple 
upon  his  purchase,  he  eoucealing  the  lou^ 
leasMf,  and  they  lieing  so  loDg  in  posaasfioii ; 
whereas  otiier  wise  be  could  only  have  an  estate 
for  years:  and  it  apj^xiarii  all  the  deeds  were  is 
hill  ciistody  nt  thai  tinie.  Tor  the  other  wit- 
nesses that  speak  to  the  wall^  that  we  must 
leave  to  the  Jury's  consideration,  U|h«i  the  ba- 
bnce  of  the  evMlence*  For,  witii  submi«stai]p 
uiy  lorili  tiiking  the  evidence  as  it  Mtauds  to- 
getl»er,  if  thai  liwae  ol'  Marcellus  Hail  be  a 
good  lea»e,  th^wt several  couvey»irK*<'.»  we  pro- 
duce «r^  'I,  and  do  *  'si:  lie 
aurr«ndf  v«  wbicb  ^  Is  thut 
are  alUi  Mo  Foi,,  wJiuu  is  uiea- 
lioutd  J11  -  curremler  to  be  tb« 
grtcu  Hiitj '  uuufv^  auu  Liiat  was  the  boutkdary  of 


fint  that  ihi9  was  all  akn^  «yojcd 
cburn'h  of  Paiirs  leases.  Knuwlcs,  mhm  fiw- 
merly  did  receive  the  rents  oftlic  rety  thing  m 
question,  till  (1677),  belbrt'  this  queiiiioD,  flavs, 
in  his  tefttimooy,  he  receiTed  them  in  tha  right, 
and  on  the  behfilf  of  Mr.  Neale,  who  daina  by 
lease  from  the  dean  of  8t  Paurs. 

That  is  not  sufficient  to  maintain  hia  tilK 
but  they  come  and  sliew  the  original ;  aad  m 
point  of  time,  5  II.  8.  thev  say  ttiat  one  dns 
('ullet  made  a  lease  of  the  Unds  id  questioo,  for 
46  years.  And  to  prove  this,  a  book  is  pro* 
duccd  to  you,  wherein  there  is  a  short  eoiry 
mjidc,  which  takes  no  notice  at  all  of  any  tbiog 
more,  but  ibat  there  w-as  such  a  lease  of  a  wm 
in  Shad  well,  with  the  appurtenaooes.  Bat 
upon  their  producing  that  writing,  it  iM  i 
to  be  a  paper  writing;  and  there  was  an  o  _ 
tion,  and  a  material  one,  made  upon  the  fhoe  af 
the  thing  itself:  for  there  were  two  pUcca  that 
seemed  to  be  suspidooa,  as  made  directly  la 
humour  an  eTidence  of  such  a  lease  in  5  n.  8. 
haviii*;  Dr.  Collet's  name  inserted,  wbo  hap- 
pened to  be  dean  of  Pkiurs  at  that  tiw^ 
whereas  Nowell  was  originally  tha  aama  thift 
was  set  there,  with  the  same  hand  that  iha 
other  part  of  the  writing  waa.    TbereupODit 


631]       STATE  TRIALS,  36  Chailbs  II.  i684.— 7Xc  Laig  Ay#  7WW,       [S9f 

the  foor  acres ;  but  what  becomes  of  the  other 
aeven  acres  and  an  half;  they  have  given  no 
account  of  it  hitlierto.  But  survly,  my  lord, 
upon  that  first  suney,  I  take  it,  there  is  a 
strong  evidence  concurring  with  our  assertion : 
For  that  saith,  the  south  boundary  of  the  dean's 
Lynches  is  Wall-marsh.  Now,  then,  if  there 
lie  seven  acres  to  go  forward  from  thence,  that 
just  reaihcth  up  to  Cock- hill;  and  all  the 
utiter  bound:*  idaiuly  concur  with  ours:  and 
upon  the  perusal  of  the  survey,  which  it  is 
consented  to  on  both  bides  the  jury  shall  have 
with  them,  I  bdie^-e  they  will  be  satisfied  our 
bouuds  and  thtit  a^ree.  Upon  the  whole  evi- 
dciitc  I  submit  it  fur  the  dcfeiidunt.  We  have 
done,  my  hid. 

Att.  bin.  Only  1  would  ask  Mr.  huttun  a 
question;  whetlier  the  bill  and  answer  now 
given  in  evidence,  were  nr»t  given  in  evidence 
at  the  last  trial  Y —Sutton.  Yes,  it  was. 

Att.  Gin.  An:l  yet  the  verdict  went  for  us 
then,  as  I  hope  it  will  now. 

X.  C.  J.  Hare  you  all  done,  gentlemen  ? 
Will  you  say  any  thing  for  the  plamtifT? 

Mr.  WilUaim.  No,  my  lord,  we  will  leave 
it  to  your  lordship  and  the  jury. 

L,  C.  J.  Then,  geutlcmen  of  the  jury,  this 
evidence  has  been  very  long:  I  think  the  trial 
has  held  us  as  loug  as  any  cause  that  ever  hap- 
pened ill  Westminster-ball,  of  this  nature;  I 
tneau,  except  one,  these  many  yean.  I  think 
ive  meet  with  but  one  in  all  our  hooka,  that 
held  near  so  long :  That  indeed  was  rather 
something  longer,  the  famous  cause  of  Colt, 
in  this  court ;  but  besides  that,  i  never  heard 
«f  a  cau<c  of  this  len^h  l>efarc. 

But,  gentlemen,  it  is  u  cause  of  value,  and  a 
cause  of  jrrtai  weiirlit  and  considerntioii :  it 
hath  dp{>eudcd  in  the  evidence  of  it  u^mu  ubun- 
daiice  of  circumsUncts,  so  that  it  iiwiy  ite  im- 
possible ibr  mc  to  remember  all  tlic  c\  idciicc 
tliat  hath  been  given.  But  as  near  as  1  can, 
I  will  give  you  what  assistance  I  am  able,  in 
recollecting  what  has  been  said  on  bolh  sides. 
Some  of  you  I  have  observed  have  taken 
notes,  and  that  will  save  me  and  you  some 
trouble :  J  will  give  you  a  scheme  fairly  of 
that  which  is  the  question.  And  it  will  be  very 
niiich  more  easy  to  you,  because  vou  have  hud 
a  view  of  the  matter,  than  can  l»e  thought  I 
can  make  it  by  any  dii-ection  of  mine. 

The.  question  in  short  is,  Whether  seven 
acres  and  a  half  of  land,  now  built  u|K»n  to  a 
very  great  value,  as  the  witnesses  say,  9,000/. 
a  year  lying  on  the  cost  side  of  the  lane,  that  is 
called  by  the  name  of  Fox's-lane, .  betwixt  that 
and  thc'mill.  calle<l  lUtelift-mill,  l>e  part  of  the 
luarsli  that  ibmirrl\  belontjfed  to  tlie  i'aiuily  of 
the  tkepkins's .'  or  w  hetlier  or  no  that  be  not 
part  of  the  dean  and  chanter  of  Paul's  inhe- 
ritance ?  if  it  bclotifj^  to  the  dean  and  chat>ter 
of  PauPs^  then  the  issue  is  with  the  lessor  of 
the  plaintiff:  but  if  it  be  the  inheritance  of  the 
Htepkiiis*s ;  and  part  of  Uie  mai'^h-Uud,  and 
was  so  according  to  tiie  ancient  boundaries, 
then  the  u»ue  is  witli  tlie  deteodanl. 

Thftpltiotiff  oomaa  and  shewa  for  his  titfe. 


came  to  be  enquired  into,  how  it  came  tojPMi 
that  NowelPs  name  waa  struck  out  and  GoQil^ 
put  in  ?  That  seemed  to  insinuate,  aa  if  Ihii 
was  contrived  on  purpose  to  sboar  up  an  eti* 
dence,  and  humour  the  time.  For  it  oonld  Bit 
be  imagined  that  Nowell  shonld  cone  taba 
deau  wTlcn  that  Wase  was  made,  who  was  nil 
dean  till  so  long  after,  in  queen  £liaabelh*k 
time,  as  I  take  it.  Now  had  this  elgectiw 
iiii^t  with  this  book  alone,  it  would  haTe  made 
the  evidence  lame,  and  they  would  have  htm 
thousf ht  to  have  set  an  ill  feg  forwards.  But 
to  take  otf  that,  tliev  come  after  and  shew  a 
parchment  scroll,  which  takea  notice  UkewiM 
of  such  u  lease:  and  their  oitioer,  Kpencer,  njfi 
he  has  seen  that  scroll  many  years,  and  so  it 
could  not  be  a  new  thing  for  this  purpoae :  it  ia 
an  old  rental,  or  some  such  thing ;  in  tima,  in 
F  )mc  short  time  after,  w  here  ia  mention  mada 
of  a  lease  by  dean  Collet,  5  II.  8.  for  45  jeara, 
which  humours  tlie  time  exactly,  and  suppoffti 
the  credit  of  the  other  evidence.  Tbia  n  thai 
they  give  as  an  answer  to  that  ob^tion.  It 
mi^ht  be  a  misuke  as  to  the  name,  but  thii 
will  shew  that  it  was  not  a  contrived  mattar  Ibr 
this  purpose. 

1  ue  next  piece  of  evidence  they  go  to,  ii  S 
£.6.  and  for  that  time  they  come  and  prodne^ 
leases,  those  that  are  at  least  in  bw  efidenesa 
of  leases;  and  those  are  the  church  bnekai 
ancient  books  that  have  been  alwaya  read  and 
allowed  tor  evidence.  And  thereby  they  abeir 
that  one  Dr.  May,  then  dean  ot  St.  ¥9ui% 
viz.  23  Feb.  5  li^l.  6.  dul  lett  the  huida  m 
question  to  Joan  Hall  and  Marcellus  Hall; 
and  he  lett  it  as  the  dean  and  chapter  of  Paiili 
lands,  for  45  years,  at  the  rent  oi*  10/.  a-year. 

Then  they'tell  you  in  the  2d  and  dd  of  PInL 
and  Mar.  10  Dec.  one  dean  Fecknam  takes  n^ 
tice  of  the  former  leases,  and  letti  it  to  Jte^ 


i  U^  AiHJ  Uioi  ii  fo-  <^^'^  >  •  -r^  •  wherein 
llMm  ^  tlic  «ld  n!tift  talu^  .  and  lotae 

rewnt 

:«ni:  \vr  tbt-  ileleiitlanti 
*  ibe  milJ-     Vou,  Rtti- 

viM  liavK  t}y&  4c««li  ^Uli  you,  «uii  are 
l»>ialf«  of  ll»ciii. 

TW  lirtflM  flVvQI  5  11.  6.  ^  tbif  dean  F«tk- 
■asi  •!«  uoJy  liPMQi  mule  for  y«mr« ;  ontl  hy 
fOMiM  of  tMMe  kttcs  for  jeArs,  uid  tUe  loiig 
\mm  mkkk  lfa«7  pr«b?tHl  to,  ibe  d^fendiMit's 

•MBiri  JBfifil   ifkiriiY  fi    fliui    *^,r>i^  .•..t.t.l   riot  be 
liiittll>€0Olr)  rthc 

iMtlttMlW  3^  Halt, 

cwral  ui  UnM  bat  in  ikjc  year  loao. 

Now  Mjf  ih«  ptniniHf '8  counsel,  (and  tbejr 
n^uaslkftl  wlmih  i«  vvr\  mnt^rial  in  tli«  ciikv) 
1  Aflf.  ]IUUh  this  wnx  then  f^tt  to  one  Mary 
Mar«,  lilt  mJffCt  oi  aue    \  < ,  formerly 

t  oC  ibe  itaunr  li-oiii  il^an 

M«redki«  }  i  there,  in- 

jil  •  i»  J's,  he  letta 

Ii  Maiy  Moiv,  to  roitsidt  runon  ui  tlx?  furmer 
hmm^  and  tuma  it  mtu  an  «iiati'  tor  t[ire« 
Ifo  fiyr  tliea  wtt»  th<*  itean  of  l^aijl*!i  fitinn 
_  r  to  U*  b  u  ( 1  rssrc  f(>r  y «4rs , 

takei  tjfinn    bttii  to  crval«  fretJiiolds, 
ha*  tbi;  inlkrritauva  cwj  do. 
'Wiiy  K  th€i%  aih}  tclt  you,  that  in 

tM»Qi«*aMie  dtaiti  (il\S(.  Paijl'i»,  she  bavini^ 
■llilMr«iirn!9t  ttt  one  \Vbiti%iek  and  VVbi^r- 
VQv  ik^ft-  I*  n  new  c«tatc  nmde  to  thera  for 
TbeA^  rontuitit*  rn  po^^f'ssion  under 
1  !fi  their  in- 
,  then  dean 


liere, 

►f  Si. 

.!»  the  viib' 

tho  plain - 

t  laai 

y  ia  « 

ui  ihat  tb« 

wf  l**iul  *w, 

u  TendcLDtAf  hut 


bvtliia  n^ 
|m  Dr.  !&ill4ii«^lv. 

"   rt'i^  at  ynrl>  •: u*/. 

ice  of  tll«  rvrri.-h-f  fri 
I  iiirfcT  llat    lttl> 

t  yf  dcuflt  ^ 


•  rTftoi    ny     UI 


I4rclb<*;i 

I  ila  SBi  oofUrt      .  .       ^    ....     ^  _.. 

ialibc  pfaiaiiirBiiiil  line  a  verdict  for  Itim. 

Bai  «ay  |||#y  wlii'-^    ■-  » ..  tlic  d«leiiilttnU, 
ft«  !•  not  llidr  mb'  the  dcfendont^a: 

lai  IM    |««fe   tbri  itn  \r   nrodttre 

^^■■rfwiif*  *>t' decdw  f  can* 

1^  fitr  r^'u  u  irac- 

!^  •*  *«*«» 

^^ii^  .b€Wi 

fta«,  I  t>e  doiibf»d,  l^r  it  i«  tif'YoiMl 

^  lands  rovri>  ^ 

TiMf,    a   DuuljHi-  >K   lo 

^i*,  aftl  bad  an  sift  of  j.  ttiad«i, 

gii  fy  U.  a.  l«  cucoumj;*^  I .,   ..i^  «n- 

v«n  It  irKJi  iTf  giiriiig  him  tii«  (»ii«  fialf . 


Tliat  art  «>f  narfiuneut  ii  [»rtKJiic«dr  aimI  ii  ii 
Ibcre a^id  t<i  m  130 airca. 

No IV  y  on  are  to  tmkc  notice  ot*tb(  boimduM 
of  this  tuAi-ih-Jand,  as  tnaUug  ibe  aiittol'lld* 
4|uesliou*  Tl»e  at!  of  p.-irliai»ent  boundi^lict 
marsh  upon  tha  11  or  lueh  m  mill 

called  C*  rash -mill,  I'  Wst.  It  19  tK>utided 

on  the  hi^h-iray  kadm^  lu  Hatctiff,  on  tbft 
Nortli»  which  ii  caJM  ItatcUtf  burh^way  to 
thiiday  :  it  ii  bounded  to  the  river  Thameicio 
the  South ;  and  it  is  bounded  upoo  tbs  KNni 
of  ilatcliff  towards  the  £a«t. 

AfUrw ardi,  in;H.  Stb'i  time,  coroeii  in  Richard 
Hill,  who  Has  owner  of  some  part  oi  thia  marvk 
(Vailderdeirs  moiety ♦)  and  be  in  time,  23  H. 
8,  became  indebtad  to  one  Salvago  and  ^noiher, 
and  there  he  comes  and  ackno^i^li^dgea  m  italiite 
to  thera  for  their  debt.  And  (because  J  woiihl 
bate  you  have  a^  things  before  your  vww  thai 
were  done  at  one  time)  in  the  aame  year  there 
is  a  mortg^age  made  of  the  land$^  of  Rid^tri 
Hi  11^  (amon^  which » they  for  the  defendant  «p« 
prehetid,  are  comprised  the  ianda  in  ^tKitio>» 
as  marih-tand,  to  8alvago,  i'or  ibe  pftvoMot  if 
their  money)  and  in  tliat  mortgage  dbe  mmm 
words  are  made  u»e  of  tor  the  bi»undnn«i,  a« 
are  in  tJie  draining  act.  Tbia,  to  deri¥e  tjieir 
titlp,  they  produce  to  shew^  that  there  waa  suck 
au  owners(hi|s  and  such  a  mort^ag^* 

Then  they  teli  you,  that,  in  57  H.  9,  i^ 
same  Kichard  Hill,  l>e  ^^oes  and  diridca  1 
|iart  of  the&e  hinda,  that  ta  to  aay^  eleven  1 
and  an  hulf,  aud  that  be  eonreya  tmmf  kf 
lease  for  S4 years  to  Marcelluff  Hall;  whom 
I  name  the  mare  particularly^  bicause  it  is  a 
name  that  baa  been  much  canvaased,  and  p^iS 
a  countenance  to  the  title  on  both  iides,  TOir 
in  that  deed,  wtiereby  this  is  thoB  aonfiyad  t» 
Mapcelluji  Hall,  iheiv  ig  no  nolkl*^  takitt  |wr- 
liculaHy  of  the  eaittet  n  l>oundary  to  be  tbt  wMl^ 
or  the  mi  It-  bank ,  or  the  liilty '  bank .  Now,  my 
they,  tbe  mill  was  juat  a^n  tbe  p<Mnl»  l»atd  by 
that  place  that  is  called  now  by  tbe  aame  of 
Cock- hill ;  and  so  thai  boundary  doth  take  hi 
the  tiling  in  qoeation,  Iba  mwmi  acres  and  a  ha)( 
because  that  deed  takes  notioe  oi  the  miU^  billy* 
bank,  or  way. 

In  the  next  pbice  tbey  olfer  you  this  for  eei- 
denee,  that  in  5  Ed.  6*  tlia  rame  Richard  Hill, 
for  150/.  aaUa  hta  luud  to  Tiiomai»  Stepkina, 
Ami  w  hen  tl  coaxes  to  convey  tbainlMiritaiioelO 
him,  it  is  laid  to  be  under  the  aMWe  boimdarl^i 
at  are  mentioned  tben^,  bevnded  on  tbe  billy* 
hank  or  mill-baak,  eastwiird.  Now^  say  ihey, 
that  abeweth  plainly,  that  still  tJtc  mill  was  tba 
tbiug  that  was  intended  to  be  tlie  boundary  ; 
and  there  being  seven  ucres  and  an  halt  of  land 
between  Ibe  mill  and  tbe  western  bounds,  tliose 
seren  acm  cannot  be  conitntrd  to  t^xteod  to  a 
mill  with  tbe  app\irteusiic«»,  b<»t  rather  it  ia  f0 
bound  upon  the  mill  and  include  the  lands^ 
than  to  have  the  landa  go  witb  tbe  mtll 

Thtfy  pt^^«^  fttrtber  and  say,  tbat  Thonits 
Hiepkins,  itte  same  year,  did  for  50/.  loli  Hhi 
to  fllarct'tlui  tiall,  for  196  jearsi  at  a  pcoptr- 
com  rent,  nhtcb  lease  expired  bat  in  1680,  end 
tilt  now  wc  ooidd  nat  oome  ta  litlfile  llif| 


STATE  THIALS,  36  Chari^is  11.  lda4*— TAe  Ud^  %  j  Trial, 


inttt^»  beouise  he  had  made  such  «  lecKe. 
Bill  then  f  am  to  take  notice  by  the  w»y, 
auij  so  must  vou  into  the  ban^n  ;  'there  is  an- 
other boundary  aiiuic  thtit;,  ahottinjBr  on  the 
well  (Ji  '    1  8hadvyell,  and  the  wuy  leaii- 

ingitj  'J  tt>  the  Lyijohes. 

AlW  viii>»  itit'v  come  to  tell  you  further,  that 
Mtltttllus  Hilir^'i  l>vc.  2*»id'3  Phil  iindMur. 
lett  ft  lease  to  Carlrr,  ajid  tlt^a  uas  tor  30 
vean.  Now  you  are  to  take  notice,  that  in  tht» 
|eaa«  of  Carter's  rhere  is  nuttce  taLeti  of  a  mill, 
mild  about  an  Acre  of  loud  therteunto  belongiu^} 
very  carefully  fiirt  ia  ;  Juid  that,  say  they* 
ahewtUi  that  youv  boundary  coukl  not  extend 
10  %o  much  as  seven  aritsi. 

Aud  to  iMifk  tiial  c  vidcuce^  they  shew  you 
a  cert^iiu  i^uney,  tjiken  m  Uueeti  Ehzabcth^s 
time,  concerning^  the  manor  ot'8te(mcy,  which 
you  are  by  consent  to  have;  with  3  ou  ;  aud  you 
will  do  well  to  consider  it  Hell  in  yourpcru&a) 
#fil. 

And  iMiv  comes  the  main  deed.  8fty  Uie 
MiadMilV  oooDfid,  it  falls  out  that  ^  ou  are 
but  leapee  under  Marcelius  II all.  who  %vas 
liMee  under  us,  and  wsj  ^idipneJ  in  a  |>articu- 
lir  covenant,  that  he  should  not  lett  uny  part 
<»fthi«  land  without  the  Ucvoce  of  our  ancestor 
^ttepkiuK,  who  made  him  such  a  lon^  )ea»e. 
Dut  it  happened  he  had  a  mind  to  lett  some 
paiiofthij  land  to  Ihedeao  of  Pant's,  from 
whom  he  had  a  leise  ot*the  mill.  And  accord- 
ing^] y  he  had  a  licence  from  Stepkins  ao  to  do ; 
%riiich  say  they,  is  the  reason  why  they  come 
to  l?iy  diiim  to  our  Und.  This  they  take  notice 
to  be  in  lime,  16  Nov,  2  &nd  3  PhiL  and  Mar 
wJieo  I  must  tell  you  by  the  way,  that  the  first 
lease  pretended  by  thcrn  ta  lie  made  to  Marcellus 
Hull,  \h  the  lonV  une,  6  Ed.  ti,  by  TlKinma 
Ntppkuis ;  so  that  IVlarcellus  Hall  came  to  be 
leiiee  under  the  dean  and  chapter,  before  be 
had  anv  authority  or  interest  from  fiitepkins, 
my  before  he  had  any  lease  from  Hill. 

Ait,  Ctn.  My  lord,  if  your  lonkhip  pleases 
to  remember,  MarceUus  H all  did  tirsl  take  by 
Inae  from  Rich.  Hill,  iu  sr  H.  8. 

X.  C  /.  Pardon  nie^  Mr.  Attorney,  I  did 
not  mis- repeat  it ;  I  say  he  llrst  had  a  lease 
Irotn  tlie  dean  and  cliapter, 

Au,  Gen.  That  was  of  the  mill  only — 

X.  C.  J.  That  iR  contested,  and  the  i  ery  gist 
of  the  question  i  Mr.  Attorney,  how  much  is 
comprehended  in  that  lease  ? 

But  to  Qo  on  with  the  defendaDl's  ef  rdence. 
Tlien  iu  Nov.  2  and  3  PhiL  and  1)1  ar.  is  the 
deed  to  Roper,  of  which  f  shall  have  occasion 
io  say  more  aoon. 

In  5  and  G  Phil,  and  Man  comes  Jasper  Hill 
the  son  of  Richard  Ifill,  (ihe  tirst  owner  of  the 
l^ifit,  and  that  ent£*rcd  j|iio  the  stitute  tu  Salta- 

f<>)  Ut'  makes  ti  conveyance  to  MacheUneHtep- 
in*,  Thomas '<*  wiiJow,  and  John  Sicpkms,  his 
heir,  mother  and  son  \  upnn  which,  ailer%vards 
tliere  is  a  surrender  miide  by  i\lart  dln?i  Hull  to 
John  Htt'pkiiiis,  son  and  heirof  Thoniiut,  of  four 
acres;  which  hny  they  was  not  aMbagpiid  witli 
the  otlier  seveu  to  tht;  dean  of  Ptuit's. 
Xhen  ia  3  Elizabeth ,  puc^oant  to  the  con- 


'  ib'C  8iqiki0i^«, 
vuCered ;  bmI  i 
i.c»  of  than  tm 
iiid  his  Diotbfr, 

inalttbitK 

'^UontoMlf 

EMnk^  m  kiWy- 

and  likcwi»f  of 


veyance  made  by  J<i^ 
there  i%  a  tine  and 
Ehznbeth^  adeerl  to 
which  arf  to  John 
and  the  heirs  of  John. 
deedd  and  cooviy  ances,  tli 
of  the  mill,  mill-baok,  or  iii 
way,  to  be  the  booiidarieii 
ShadwelL 

After  that,  they  produced  a  bood^  wbavtt 
Spinola  is  bound  to  8lepkin»  to  take  otf  tb«  ita* 
tutc  entered  inio  3'-^  H.  8,  by  HK^hatiJ  Hdl. 

Then  14  Eliraheth,  they  produce  a  comini* 
sion  of  sewerst  where  notice  is  taken  of  tiie»> 
veral  knd-liolders  of  Wappifig'tnarsli,  «ko 
were  liable  to  make  satisfaction  for  a»y  wasl 
of  repaint  or  defects  in  the  marvh.  There  fioi 
per  is  taken  notice  of  as  a  tenant,  and  one  Jsimi 
Aud  8trpkins  too:  and  they  do  infer  froi 
henrei  I  hat  Jam  -  "  *  ^  -  \  l»nd  is  part  <f 
thiTi,  and  was  lu  ud  is  eQioy«il» 

tliis  day  under  i.^v  ,.,..  .-i  ;..^  .Stepkins^s. 

They  go  on  further,  and  fell  yoa»  ibl  U 
Ehz.  ^te[>kins  became  indebted  to  tb^  cumh^ 
by  taking  a  teller's  debt  upon  bitti,  sud  bad  i 
mind  to  sec^nre  Ihe  debt,  and  tbCTcforft  i4WiiH|i 
his  land  to  the  then  treasurer,  ttHotney^genml 
and  solicitor-  ^neral,  to  secure  a  er^at  sun  if 
mooe)^ ;  nud  this  Und  they  would  bare  to  pi* 
aiDou^  tlie  rest, 

Aikrwards,  17  Elix.  tl,  -sionnn  iit 

iigatn»«iid  there  is  a  rel<<  t  all  tlMSi 

that  were  l&ud-botders,  tiit:  hAuiv  named  b^ 
fore. 

Then  7  Jaeobt,  was  thw*  a  r** 
the  crown   made  to  Stepkios 
Wherein,  gencraily  ipeAkinipt  tii 
lands  belonging  to  filepkifis  are  csIUm 
bank,  ^c.    This  roust,  say  they,  ( i 
take  in  the  lands  in  ouistion,  otherwise  ii  u  tu- 
possible  thai  shoulct  l)o  the  kmuudary      A?^4 
they  make  use  of  this  further  argurr 
they,  we  have  taken  a  survey  ol'ali 
those  in  quoitioM  and  the  utln 
from  Hermitapt!-dock,   alias  > 
eren  to  this  miii  ;  and  ildotitju^i  mnuuui  mr 
numl>er  of  acres  in  the  act  for  dminin^   W  «{»• 
pin^' marsh  ;  that  is  to  a«y,  it  make^just  i30 
acres.    All  which,  they  say,  plainly  bebngsli 
the  Stepkins's* 

They  tln^n  come  to  examini  tbeir  linaf  »l^ 
nesses,  and  they  have  ptoductsd  tbtm  in  Ibit 
order  as  I  name  them:  their  witneaseabstv 
been  as  they  arc  iu  my  paper.  One  Boglffi 
and  8omerly,  ^d  Hohues,  and  Barduot^  ai^ 
Cope,  and  HolewelL  And  the  subatanesif 
what  they  say  is  this  ;  The  oUl  womiin,  Bai^ 
toot,  says,  she  has  known  the  pUct*  in  queitiuD 
these  threesoore  and  o<ld  yearn ;  ntie  renitiii*- 
bers  well  the  situutiun  uf  it,  aud  that  the  wilir 
drove  another  mill  <in»t,  and  did  not  come  nttt 
to  FoxVlane  by  a  qusrtcr  ot  »  nnle,  but  tun 
more  to  the  north.  ^Vnd  tliis  lund,  sbe«vi« 
was  always  reckonml  to  }»  %,  aodaw 

never  knew  any  one  hat  t;  .10  dot 

but  they.     And  in  Aii  much  m  tl«ie  1 
di»coii»Q  coQ€4:ruu^  a  well}   aba  ■KjBp.ahl^ 


[mi 
♦  the 


rni]    STATE  TaiALS,  3€  C«AAt8»  H,  l6S4ir->r  frrtat  Pari  pf  Skadmll.    [639 


Ml  ftlBenber  th^re  wu  a  well  betvrc«n  F<hc^«* 
liai,aiiilUti!iiiail,  &!! '  '  v  *^^  %  nuteoflf 

i%  m  ^-^  .^  ..   ...t*t'  were  as 

a»  paries  in  tlic*  glass 

jfB  ;,     .,      .,u  u:o»  tlie  riuht  well, 

I  iras  ao  ottusr  well  c^ilkil  Hliadwell, 

,  lie  remembered  ihe 

<m  :  that  ut  coiniJion 

I  tn  C4iit)e  up  to 

vcr  it;  but  tUe 

'HJClllHt, 

1  liUkuow- 
i^rij  -  and  ]jt;  ia 
^  iiovv  fur  ^reat- 
..;,...   ,n..n;  the  mill ;  Init 
,    ivas  tho  way  from  m>Tth 
it'  the  niUlt  aud  he  kiieiv 
rd  of  tltti  null  but  FoxV 
I   is  tnFtrt'ard  of/tbe  mill, 
n>ny  oftlio 
1,  _  they  coo- 

til        .  ifr   surveyor HoIb- 
I  •ril,  iboifi  tlic  AiliiiL.   1 1 ;   !  u  (U.     And  thi!«,  as 
[  Ilii9eiiilicr«  or  can  Tecolleei:,  is  the  substance 
lCibtMaidf|fit%ciidcxice»  beture  the  plaiQtifi''3 

Am  tben  as  to  that  which  was  ofTercd  by  the 

lffaodiatt»  ai»  ctideocc  of  tlit;  boimttaries,  the 

Apmbflre  tltis  Jiiwwcr;  and  it  is  that  which 

I  pmMng  i|ucstion  in  tliiu  cause  to 

Hy:    IVb<?ihcr  or  no,  Mill-bank,  or 

,  or  the  Hilly  -^vay,  or  whatsoever  eUe 

fHWcilM  io  t !  m1«,  be  DOt  that  which 

Sij  tlkcj.  &ra,  by  >  our  own  evidence,  (ihat 
sftcieiit  lui^ey   that  you  prvdiiced,  tiud 
■^  ^^  coo*.  pntlemen  of  the  jury 

^wit!  re  i*  notice  taken  of 

ftt  '     luarsh;  tliere  is 

c»<  OS  lielonging'  ti> 

lciw..^»   o»    k  ..mTs,     But  then  in 
kya>M|fn|ilt  of  the  bacKjiide  of  the  leaf, 
flill  iSs  fcr^'ond  biil^  fni  distinction  sake) 
[T^wiDfiudi!  of ;   which  8;ud 

iilaiiil^u    I  is  hereafter  men- 

1 4m  ihe  tiaM,^    And  what  are  the  lands 
IW  cicotitmeii  'f    'Hiese  you  will  find  ; 
I  lliiii,  liol«ir9i  by  ih^  dean  and  chapter  ot  Paurs, 
i\U'A   Derrick- bills,  another 
iitid  several  orchards, 
!  a  water-mill  there* 
It  there  was  on  the 
iii,  oroburds,  gardens, 
"'»ttT»^  ponds,  fisb- 
I    other    tbitjf»^8. 
uijilurieii  of  the 
:ik  of,  how 
,  ynnr  fiwn 
upott 
•  dean 
ilu  V  come 
I  fed  to  the 
ll.niA  \>}  the 

I  hand  I  liiiid. 

ti|K»n  tJJtt  ij<  vTj  uiuy  the 


iltaiV  " 


[Mapiiiurib 

I  mm,  if  in  ci- 


ioiii«r  ti; 
1  it  Ir^  pB^( 

y,  moke 
ilaathiOiii' 
I  Ml  diaiMr  oc 
liin^tLiMri 
*  imtk  and  dttf  K!r. 


ilfM  iLai  Jtef«  Jmsh 


better  Qoderstand  it ;  and  yoti  »ee  the  eastern 
part  of  the  mill  ^vas  Uie  waste  ground,  and 
made  u  hine  lo  carry  down  ballast,  a^  itie  wit- 
nesses say.  This  doth  just  Uutuour  all  the  old 
bottadarles. 

Nav,  to  shew,  that  tlm  'm  really  so,  they 
nay^,  that  in  time,  jti  the  year  t6\5,  theii:  wa« 
on  action  commenced  tclbrc  my  lord  chief 
justice  Ooke«  when  he  sat  in  this  court»  where- 
in this  controversy  arose.  Pox,  wito  wiis  as 
well  tenant  to  the  liean  and  Cliupter  of  8l. 
P&uPs,  as  he  was  to  Siepkius,  lie  comes,  nnd 
he  builds  upon  that  old  WidI,  called  Wall  u; 
wall,  which  begot  a  contest  betuixl  St  ^ 
who  was  the  anccsUir  of  my  loijy  Ivy,  ;uni  itii«, 
Fox  ;  and  upon  that  conles^t  tlii«  wris  the  *^ues^ 
tion,  Whether  there  had  been  any  iucrouch 
went  upon  tlie  marsli ':'  Not  but  that  the  wall 
was  reckoned,  even  by  Stcpkins,  to  bt-  th« 
boundarj*,  though  running,  as  Steokins  said, 
twonty  foot  into  the  East  part  of  the  marsh  ; 
and  tu«re  Stepkins  was  non-suiied.  AAer* 
wards  it  carae  into  the  common-pleas,  anit 
there  was  a  vtrdirt,  whereby  it  was  settled. 
that  the  whole  wall  belonged  to  the  Dean  and 
chapter  of  Paul's. 

but  afterxvards  Mrs.  Moor,  the  lessipe  of  tho 
church,  woidd  not  be  quiet  with  this,  but  exlii' 
bits  a  bill  against  John  StL-pkins,  and  othcr^ 
and  to  settle  the  boundaries,  hecaiL«e  ho  pre- 
tended incroachments  upon  his  ^ound  :  iliey 
therctore  require  him  to  ascertain  the  matter 
upon  his  oath.  He  in  his  answer  confesseth^ 
he  had  heard  of  the  verdict  before- mentioned^ 
but  knew  nothing  of  it  himself;  but  when  h« 
comes  to  set  forth  the  bouodar'^i  he  is  so  far 
from  taking  notice  that  the  boundaries  take  in 
the  lands  In  question,  that  he  tells  you  ther« 
was  an  ancient  bank,  which  was  the  ordinarj 
bounds  between  bis  nuid  and  the  land  of  the 
church  ;  and  this  is  a  high -way,  a  commoa 
high- way.  But  it  was  true,  as  lie  believed, 
they  bad  inc^roached,^  though  such  a  verdict 
and  noosuit  were  obiained  by  them.  Not  that 
ever  he  pretended  to  any  thing  on  the  ttostem 
part  of  tliat  passage  or  bank,  called  Fox*s-laoe  i 
out  he  pretended  to  twenty  foot  on  the  westerit 
part  of  it,  as  an  incroacbment. 

They  say  further  too,  that  notwithstanding 
all  this,  John  Htepkins  was  -not  so  confidetit  of 
his  title  to  even  those  twenty -foot  on  the  west 
part  j  but  that  he  comes  and  makes  a  borgaiii 
with  another  man  :  I  will  lett  you  this  ^asfc 
part  of  the  marsh-land,  and  if  1  recover  dny  of 
the  wall,  you  shall  pay  such  a  rent  for  it  ;  but 
if  not,  you  shall  hold  it  us  you  did  befon^.  So 
jealous  he  was  of  his  lille,  even  to  that  which 
he  thought  was  iticroachcd  upon. 

And  they  fix  it  thu^^  to  humour  and  explain 
the  particulars  mcniifined  of  orchards,  ponds, 
t;anlc'iis,  «5£r,  for  hirrc  were  a  great  many 
i»luicf^saud  cuts  for  the  water  to  be  received  in, 
and  so  all  may  well  be  comprehended  under 
the  name  of  a'  mdl  with  the  appurtenances  ; 
ami  (lint  they  say  gofHh  a  great  way  in  th« 
qu#atioo»  Y'ou  ore  to  couHider  of  it,  eentletocs, 

Tlicu  tbay  fuiibiiT  NheW|  that  wliorets  tlvi 


STATE  TRIALS^  56  CiiAftL»  It  10i4.— Tk  i^if  A/»  Trmi,       [I 


I 


>  tile  kmodtry  to  be  fUMdwdl, 

ti4ire  Ut  be  jtteci'il  »  trr«»t 

^*Jmrc  caUed  Cock  nill  ? 

;^  iii«fi  llmt  telk  you,  be  ktiew 

le  ^liee  «itj  jeai*  ifo  tnd  abof e,  mml  tbere 

tt  no  otb«f  wcU  cuffw^  V!iif..Ui.ii,  hut  that 

rhteb  WM  wbfiY  til*-  iridi*  and 

)jiit  i«  (HI  Uk*  weft  pur  t  .     Now  I 

•>Uy  uuou  the  eviiiericc  ii  is  pretty 

v»n<(«  lie  given  sucb  uti  acooitnl  of 

^ll  tliAtil  v*<»ji  bricked  o¥cr»  and  a  eoinmoti  well 

atl  piH»rdr,   which  must    make  the  ihiiig- 

iry  nc»ion<MiK  ;  ^rid  Jie  never  beafd  of  any 

her  vfclU'oiUMj  KhtdwelL     It   U  trup,  there 

ht  btf  a  ■prLu({'  on   the  one  side  of  this 

ttd  m  quealiotn  and  Uil^  other;  you  hate 

I  tii«  evidence  on  both  nides,  I  must  leave 

i  large  to  you. 

iMtl  ta  nak4*  tlio  thing  more  nlam,  they 
r  to  yon  lilii  tlib  waa  a  tide-mill^  and  not 
^m  didfllidant  pretends,  on  overshot- 
.  ,  anil  that  m  notonouKty  plain  it  is 
,  and  it  in  agatnat  Ennie  it  should  he  other- 
Here  waa  one  thai  wmuffhi  at  the 
and  hU  father  heforv  liini,  nixiy  years  ; 
» it  ap|)eani  that  to  havo  water  to  dnre  an 
■ahut-miU  in  that  plac*e  Ijjust  drmvn  the 
^%faole  kvel,  bc^raufti'  a  inuat  h<f  n&iseil  so  much 
IliK^er  than  the  nheel ;  and  if  go,  thai  stands 
**'^  "Tlhan  tlieplaec,  were  ttraned  never  so 
called  Fo\*i-laue.  But  there 
^t)d<-«  that  eanie  within  twenty  foot  of  it ; 
and  yuu  miM  ^ive  me  leave  to  tell  you,  1  uu- 
tierttaudio  nmcU  of  it,  that  a  tide- mill  i«i  never 
1  to  have  the  water  juat  swim  iin  and 
'i  ai^ain  ;  hut  they  have  cuts  to  retain  the 
water  a  white,  that  it  nmy  |fo  the  easier  olf. 
And  10  th«  sprat  nuiuber  and  leui^h  of  the 
Oittt  and  pond«»  and  ditchev  here,  w  ere  but  oiity 
ficeptaclca  and  bayous  to  receive  the  tide, 
which  did  not  rise  (nt  tliey  tell  you  it  thouUt 
ni>L)  ibovr  half  the  wheel.  The  nature  of  the 
\  itapif  tpeaka  ai^ainst  what  tbey  would 
)  tt  In  be ;  aud  to  «tten|^ben  the  ari2ti- 
,  tiiey  hate  catled  five  or  atx »  or  more 
Mca,  that  hftf«  known  it  all  along  ao  to 
au^  yet  ijbit  1  aypehend,  the  other  lide 
lako  In  b«  tb«r  noil  oial«nal  point  to  make  it 
manh'muiKl. 

But  tht  ooobmI  lAir  iho  plaiotjiT  say  this 
funlier  to  you :  TIloy  bavo  a  aurvvy  taken 

the 
tbat  it  was  stimnfc  ibis  shoo  Id  be 
aanaod  Chapter's  ianda,  in  a 
[«  Wito  ooO«atiaattd  Chapfeera ; 
wMoMit  wtiinmryod  aa  that  whteb  waa  so, 
wbilo  llMtO  wore  ttto^  tbiw  aa  DmoA  and 
CbapHra,  ami  il  waa  in  order  lo  beaoM  as 
«Hk*  Ami  upon  my  w ord.  if  the  laods  of  the 
Omii  ami  CbiJ^tarH  iohcrttooca  were  no  bigger 
tban  tb«  diiiliilipl  would bore  tbom,  there  was 
ogoo4r(Mitkdotti«po«dto  tboatato  fWibeniiU 
oiily .  Bttl  alii !  yon  bavo  a  witMP  tiiai  tdb 
lou  ^iberobaimf  to  the  wanwf  mwtldm  ofooie 
Craveo,)  that  ttiora  wii  a  ClAmi  vm  tbe  cioi 


lunner  to  you :  inoy  nave  a  survey  taj 
m  Ubvar'a  dmoi  wbi^  ibey  nrodnood^ 
wst9  oppoacd  by  ttit  ooitnael  dftlie  other  siii 
lod  I  iiMist  confiws  I  did  wooder  to  bear 


pait  of  the  gmoiid,  f liat  bad  a  larfi» 
•tid  girden,  and  ground.  Aail  wpoo  tliis  par*' 
chaoemade  br  Wmterhnm,  wliowaa  hmttaX 
tbe  cbureb,  tbe  plaioii^  oowiooliAo  nnai 
▼cry  conatilenble  aigmeiit,  ibof  thiawiitk 
ohnrcltV  tnbentaocet  For  aaiT  lbt7,  wky 
should  Winterburn,  that  bad  a  leaoo  m  hag 
which  would  have  continued  hiai  lo  boaoptn 
poafeeiaion,  and  that  too  belbt«  all  ibovo  bodvi 
were  built,  (Air  thev  taOt  all  tlie  fioo  boiaef 
were  built  since  the  Icing'  came  tn)  ^rt  0,50tit* 
for  the  ioheritauce  under  llie  title  oTtbe  0cio 
and  Chapter,  if  he  knew  (aa  he  must  if  he  btd 
the  long  lea«r  in  his  |K)«ie«aio«^  andao  Kaowki 
sweari  he  b&l)  it  was  not  tlieira  ;  and  be  Mm- 
sell  had  a  lease  for  thirty  years  to  come,  mkr 
a  trivial  rent  of  a  pepper^ eoni.  Etpecwilf 
considering  that  those  timea  onld  lotOfiBf 
penny-worths  of  other  people's  latida, 

HiU  then  they  come  to  the  la^t  point  nf  eri- 
detit^e^  and  that  you  most  rery  narrowly  ob^ 
serve  and  weigh.  Say  they,  becauise  you  df» 
pmd  so  much  upon  CaHerV^oaae,  which  ttkft 
notice  of  such  and  such  boaodanes;  andiil# 
that  of  Roper,  which  you  pretend' to  be  mark  at 
inch  A  time,  these,  we  say,  are  forged*  koi 
for  it  they  ^ve  this  ofideiioe. 

The  |]r«t  part  is  a  natural, kgal  erideoeei aad 
a  proper  evidence  in  tbinafs  of  this  natafr,  lo 
detet^t  a  tbrgery;  an  eriiRnce  *'-*■*  —  leani 
out  of  our  hor>ks  of  law,  and  it  utm* 

tative  one.  If  jou  produce  decw  .  .;,-„^  ;u  soil 
a  lirne,  when,  say  yoo,  such  titles  were  osf^i 
and  such  prefaces  maile  to  them  in  tbtir  po* 
amhU-s,  when  indeed  there  were  no  aticktilbi 
used  at  that  time,  that  shewt-tli  your  daodiiio 
counterieit  and  forj^d,  waA  not  Inke  drsi». 
And  there  is  Digitus  Dei,  the  fing'er  of€ad  aa 
it ;  tliat  though  the  design  be  laid  deep^nvt 
the  cuatrivance  seulk,  yet  truth  atwl  jiBlk?rwi8 
appear  one  tune  or  another ;  and  tliottgh  tbey 
timy  put  some  gnit  upon  jnatic«  for  a  obibt 
yet' it  win  in  titne  be  diaoovered,  to  Iboonib- 
sion  and  shame  of  the  undeitakesm.  9^  iktf* 
you  have  taken  wonderful  eare  to  bifo  %A 
(iaeds  carry  the  tame  flofiriab  it  Ibolspof 
each  yftheni  vtu  call  PbiKp  Mid  Bfivy  vllg 
and  iud both SMIlei ;  oodfot 

put  ^'  '  ducal  oltle,  bolbi i  Wmm t 

this  is  Ui«  language  of  bolb  doedOf  bvllbli 
sliewetb  them  notto  betrtie  deedii,  Ih 
Ibrgery  mthoYtry  ^eeof  tt;   for] 
Mary  never  oame  to  wtile  tbemoQirei       ^ 

3ueen  oft!$naJn  and  SicHy,  till  Tinnkf  iwiiyli 
be  second  and  third  yeara  erf*  ibev  iij|ii| 
whereaa  your  deeds  boar  dole  in  Kowmdbtr  b^ 
fore.  TiR  IVuiiiy  toftt  Ji^to  woo  o  Wag' 
doiii,andibey  weMhUpthMOi  of  S^  »i 
Sicily.  And  booMlBO*  ihi^  woad  alMp  %t§m 
duu  tsnw.  la  pm  UBbm  onong  the  MbImi 
6r«l  belbre  Butgwiidjr* 

Per  iftsiftooeo  iM  proo6  of  thia 
thc^ahew  vou  the  litlea  of  llie«ettof'| 
»enliti  tfMt  ]p«or,  lo  Cktiber,  Hawibii 
Deoesnher;  they  tiN-w  yoo  the  teae 
IB  HObfT-temi*  aad  CssiM  nii,  md  Ttm^p 
tetm;  ttft  whkh  lennJh^flM^ff  Ito^hl^ 


«41]  CTATE  TRIALS.  $6  CHARtES  11.  J66f-->r  grtei  Pmi  ofSkaimdl    [64« 


fkntt^  of  fioei  nml  reramis^  borv^njl  the  old 

'Mflf?;  nod  »■»*'''  '  '  .  'irt" 

fvot  fomllol  < '  t 


Jind  »o  nuL 
iv<*  nootficr 


"k,  ^9  lie 

fur  of  t 


» 


■cnHint  of  a  li 
RKh  llae  «kfv) 

•if  CkiHi^    f 


III 

of 


I'H  to  thf  ir  tiecds,  aiiil 


till    <»i»jt't;iiuij    ui 

it., 

■,11    t^Mt    .....,l/:»r., 


leeds, 

vts^ou  «n 
it  not  only 
i  ^^,  but  it  lm>ks 
in  too ;  \vhf>,  if 
\x\*\  is  a  Very 
II  d,  thoiififh  Jie 


^0  Ml  •wra.i  1 

j^inteiirUc 

IrftVM   A   hlirr    -n 

,..,,.,, 

pticiiiiiof  to  t" 

tliat 

mm  Moiiatiu 

^   hrr 

ifta  ber  r»:«rtii 

V^inr 

iTid  lent  her.  bt- 

•*alll«r 

*'  t  aiul 

,  *;3i  VN  sir 

Om\^  f 

t  when 

^br  took 

•AnwtifL 

,i»t«npV' 

n«iff  l^r-n 

MilMirl««i^'ixJ 

iicFihft*,  inv  1 

vnMiT  i>r  '  ' 

bcaillntidlord.     WImt  nrr<fM)  tliAt?  I  8iip)>ose 
it  was  Incited  in  m     ^    "     t  j,^^ 

fore:  UtiiliPinus^  i  ih, 

^  t'otli^rel  i^ 

'■'•V,    know  u.^   Ill,  irm,.  *.i-.,  Jsir 

take:i  it ;    and  tliey  t^vo,  my 

.1}^  iirewrittivKSPs  to  It.     Wbat 

rwnisiii  you  hear,  ud  afv^Milutii  de^ 

:   yH  all  this  wWiio  n\y  lady  liry 

sir  Ciiarles  Coi  i>i*mhI  iI^  wag 

-\  100/.  to  sir  >\  Ikhitl)  Um  h 

1600/.  mving  IWui   tiir  Wdliara,   by 

"  to  lit!r  on  the  saini*  house. 

ft7't'/.    My  Ion  I,  I  am  ready  to 
rn;^'  .  x»d 

i.  f  J.  i'*rst  <if  aM,  I  «ay,  it  wns  not  well 
done,  if  there  IV ere  Mich  a  security  for  1500/.  ti» 
[»ersu!ide  air  €harl*?«  to  aecpp'  ''  '  use  as  i 
security  for  his  fourscore  pcm  ml  IlII- 

Id  acknowlcdi^p  Ijrrsblf  in- 
_  ^  ...  -.^  ,.  her  takins!'  the  ftiin  poitmts 
from  my  lady  8alkhill,  if  ane  had  so  i^rtni  n 
suni  ovi'ing-  her.  And  what  w  slov<  nly  answer 
is  ihrtt  i^'ivc^n  hy  the  counsel  for  luy  iady  Ivy, 
that^hc>«nd  othej'g  wc^pe  caUed  U|ioti  for  nine 
yeai*s  diet  i*  uhcr^as sir  Charls Cottoix4  swears^ 
ftlie  otrned  hpre'^lf  npon  llieacf^nnt  indebted 
100/.  ar-'  s  no  hartt"  irt;  but 

thnt  shi'  lor  three  .,  a  year 

iru  s  dc^th,  as  bUt  naU  \i  s^emX 


-M 


I  me  er«mps  this*  business  very  home  tition 

IjuIv    \\\  -       ]\fi\\     rnin['-K    it     to     Tvn^  -    ll'm 


HO  nerured,  tf  limisi^  aotV 

\vitho\il  nny  r  ,  tn   ia  Ihv 

I  rr^n  heur  of^    That  in  such  a  mtl' 

kinrln^'w*:,  th«t  Ihoy  winid  do  wp!" 


.1  t& 
my 

tny 
*V 

.'?. 
r, 
I 
*>f 

-Lit 
if 
d 

V 

lilt? 


to  it,  it  was  80  precious  and  tcmler 


^.It 


i!ie  house  n\'n\(' 


hiilMeii  I     \ti\  ,  nuti    vtiy  sboutd  iifhc  be   bo 

(*i  l!m»r  t'Vi^  lt:Mr— T,  rrrnniv  trptui  that 


act;  'J'  lii.>* 
V  ;   I  niUbC 


'  '''"wn  and 

a  ion  ut 

I  \nth 


tj  iir  tirtii** 


sir  Chru  s. 

iJuffctt.  .  ^r 

iufo  bond  not  tt>u«>siurb  t;  tU. 

Then   thei'c  conit'S  ;-  .  i deuce,  and 

that  is  the  g^ntlnvoman  Miii,  Duftett*  whoit 
seeius  they  would  have  to  be  a  h >•»»;«•  *«ort  ^f 
cre»turi?;  but  incnhinki  she  has  a  nd 

oiith  uj>0Q  hiT  tiJOi^ne:  for  she  ti  y 


643]       STATE  TRIALS,  36  Charles  II.  l684.— 7»c  Lady  hjfn  TWi/,        [644 


was  Gk>ver*s  lease  aod  other  things,  and  all 
for  my  lady  Ivy.  Nay,  she  tdls  yon  my  lady 
Ivy  was  w>  extraordinary  an  artist  at  the  ma'- 
naging^ofsuch  an  aflfairy'that  this  master  work- 
man, DuflTctt,  was  nut  so  dextrous  at  it  as  she ; 
for  he  could  not  write  tlie  first  great  letters  of 
the  names  that  were  to  be  nut  to  tlie  furgiHl 
deeds,  but  she  did  that  herseli*  and  the  rest  he 
did.  flow  far  she  is  to  be  believed,  i  must 
leave  to  you ;  vou  hear  what  is  objected  against 
ber  about  the  froe  in  her  belly:*  and  ?  do  not 
know  what;  whether  that  will  take  ofi' the 
credibility  of  Irt  testimony,  I  leave  to  y(»u. 
8he  doth  give  a  very  free  and  large  account 
how  they  used  to  order  their  matters  to  make 
the  ink  look  old,  (as  I  said)  tiicy  put  snflron  in 
It ;  then  they  rubbed  the  outsider  of  the  deeds 
in  dirt^  wimiows,  and  after  that  used  to  lay 
them  in  alKiIcony  for  the  ruin  ^oconu;upon  them 
iu  the  nights,  aiid  to  dry  tlieni  in  the  sun,  or 
by  the  tire,  to  shrivel  thorn  n|i.  And  this  she 
aays  was  tiicir  metluHl,  and  process  ih«'y  .n»<ed. 
All  which  the  plaint  if}*':*  counsel  urge,  to  sln*w 
the  probability  tliat  these  deeds  of  theirs  are 
forced. 

Then  they  tell  you,  whirh  is  yet  somew  hat 
more  to  strengthen  her  e\  idont'e,  there  i ;  a 
woman,  that  though  Mie  speaks  out  of  Mr. 
Dutfett's  mouth,  and  that  can  be  no  evi<lcn(*e 
againfit  my  lady  Ivy,  yet  says,  she  nrccivcd 
from  him  a  parcel  of  letters,  which  arc  suoni 
by  sir  Charles  C/Ottercl  to  he  all  of  my  bdy 
Ivy's  own  hand -writing  ;  which  letters  have 
been  read  to  you:  and  they  shew  a  great  la - 
miliarity  l)ctwt*eti  my  laily  Ivy  and  Mr.  Dufl'ett, 
a  great  care  and  eonciTii  for  the  promotion  of 
this  I)uHctt,the  grutlcwoknairs  husband  ;  and 
of  stnno  deeds  that  were  likely  to  Ih?  thought 
new  and  suspected.  And  she  tells  him  at  the 
latter  end  of  one,  that  she  is  i:olieitons  till  the 
trouble  be  over  :  itnt  she  was  resolved  to  set 
on  foot  sir  William  SalkhilPs  mortgage,  and 
if  that  thing  did  go  well,  he  should  have  half. 

That  supports  the  ere«libility  of  the  woman's 
testimony  :  hut  b«.  sides  that  there  is  another 
tiling  that  b»oks  very  untoward,  because  Mrs. 
Dntlett  doth  directfy  swear,  that  out  of  the 
1000/.  paid  my  lady  Ivy  by  sir  Charh-s  Cot- 
terel,  ^lOii/.  was  paid  and  given  to  her  husband, 
and  31  r.  Sutton  forsot»lh  had  200/.  more:  for 
what  service,  I  wonder,  nuist  njy  lady  Ivy  U\ 
so  lilieiai  to  Mr.  Sutton  and  *ftir.  Diiirrit:* 
Air.  Sution  shulBe  and  rouse  hiins«:if  as  In- 
pleaseth,  it  will  stick  upon  him ;  ani!  I  w.wx 
confess  it  looks  uiitowardly,  his  gel'iiii::'  :i  y 
lord  of  Salisbury \s  leas<!  tJpiek  not(s  Lztor 
it,  and  then  to  have  such  anmrtj^au*'  ;:-:.i-i:!(>ii 
up  in  this  manner.  It  \.y  very  lank.  J  ;;,>>urc 
you. 

•  Concerning  the  op-iralion  whicli  llu:  i"i 
that  a  female  \vitne:«s  had  p:i:is(>d  a  !t(::-  <>.  ..i- 
cominency  shall  have  upon  hir  f..v<!ii>.:i.y, 
much  was  said  in  the  House  of  (.'(•jiiiiir.>i:.  •  \'\]\ 
occasion  of  the  Inquiry  into  the  Cunduci '  :  \iip 
Duke  of  York,  a.  u.  1809.  iSec  VI  Ctb:*.  J  ..:!. 
Debates  179  ct  seq. 


This  is  a  substance  of  tlie  eridence  tliat  has 
been  ottered  by  the  plaintifi*,  to  prove  and  in- 
duce you  to  believe  these  deeds  Ibrged. 

Now,  in  an>'wcr  to  this,  they  on  the  other 
side  would  oiier,  that  sir  Charles  Cotteri-rs 
evidence  is  a  surprize  upon  then).  The^  say 
they  have  such  a  \>ritin<f,  and  such  and  such 
deeds,  Glover's  lease,  ami  Salkhiir^  mortgage ; 
but  they  are  Tiotpreparetl  to  give  such  an  answer 
as  they  would  have  done,  had  they  had  notice. 
Here  has  been  hkewise  great  stru^hug  and 
striving  to  have  the  verdict  read  to  overthrow 
Mrs.  Duflett's  testimony  ;  but  that  cannot  be 
allowetl  to  be  given  iu  evidence  between  these 
inrties.  Then  they  would  have  read  her  bus- 
band's  oath,  he  being  dead  ;  but  that  is  no 
poiiU  of  eviileuce  at  all  neither  ;  for  in  case 
the  man  were  alive,  it  uould  not  be  evidence 
what  he  shouhl  have  heard  his  own  wife  say. 
If  both  of  them  indeed  had  been  heard  together, 
and  testitiedsigaiustmy  lady  Ivy,  it  hM  been 
go<Ml  evidence ;  or  they  both  might  nave  testified 
tor  her.  But  by  the  law  the  husband  cannot  ba 
a  vvitnc-sR  against  his  x>ife,  nor  a  wife  against 
her  husbauil,  to  charge  them  with  any 
thing  criminal,  except  only  in  cases  of  high- 
treasou.  This  is  so  known  a  common  rule, 
that  I  thought  it  could  never  have  borne  any 
tpiestion  or  debate. 

This  is  the  substance  of  the  evidence  on  both 
)  sides,  as  near  as  1  can  recollect  ii ;  save  only 
that  which  indeed  I  should  have  mentioned  be- 
litre ,  the  defendant  had  produced  an  exempli- 
tication  of  a  verdict  obtained  the  last  Michael- 
mas term.  To  which  tliey  for  the  plaintitf 
answer,  we  were  not  then  prepared  to  answer 
your  deeils,  which  were  very  ni.v/,  surpri::li>g 
anil  unexpecteil  to  us :  we  have  now  given  new 
evidence  ilial  we  never  gave  then,  and  it  was 
a  verdict  obtained  by  surprize :  wc  now  shew 
our  boundaries  better  than  ue  could  then ;  aiui 
so  that  they  make  to  be  the  result  of  the  whole 
matter. 

Now  upon  tlx*  main,  af\er  this  very  long  evi- 
ileuce, tlunigli  ih(.>  ease  has  beea  darkened  Si* 
much  as  evir  any  case  could  bvi  endeavouicd  to 
be ;  and  though  the  event  of  it  be  a  matter  ui* 
coiusiflerable  value,  yet  the  matter  of  fact  is  atf 
clear  as  the  sun  at  noon  <lay  ;  and  a  plain  point 
I'f  fact  it  is,  and  must  deiK.*nd  upon.  \K  wc  ^^ 
admit  all  tiiiir  deeils  to  be  good  deeds,  viilboat 
any  consideration  of  the  tbrgery,  pro  or  coo* 
\ei  if  the  uiiil-pouds,  ditches,  orchards,  g[ar- 
der.s,  See.  can  be  taken  to  be  seven  acres ;  then 
the  boun'larics  upon  the  mill  or  hilly-bank* 
^^uich  may  well  be  Fiix's-lune,  that  will  an- 
swer b^itii  ilie  deeds  of  the  plaintiif  and  of  tb^ 
defLiidunt,  and  thoii;2-h  never  so  many  houses 
lie  Ijuilt  u}on  it,  it  will  signify  notlung  in  the 
ca.se.  And  that  it  is  so,  w  herJas  the  deicndant*!* 
surveyor  S:v.;ars,  that  1.^0  a'-:t.s  ^vill  not  b« 
I'i'idc  up  without  the  l.juds  in  iiiit>lion;  the 
pliintiH'  has  l.r(iu;^lit  two  suneyois,  ibul  swe^f 
there  is  full  IJO  acres,  and  more.  v.  iilioat  theiu- 
So  you  have  two  sarvcyors  on  the  i)j:c  siilc, 
and  one  ou  tlic  Other ;  auJ  you  yourselves  ba^« 
*ie\ve<lit. 


613J   STATE  l%IAtS,  36  Charles  II.  \6&i.^/ar  great  Pari  oj  SkaiweU.    [616 


AilfT  this  long'  evidence,  {jrentlemeii,  yon 
bare  had  as  good  an  account  of  the  substance  of 
it,  at  1  can  by  my  noU-fc  and  memory  recollect. 
Ifany  of  the  fvi'utlemen  that  are  of  the  counsel 
for  the  plaintiff  or  for  the  defendant,  do  think 
I  hare  omitted  any  thinj^  that  is  material,  on 
either  side,  they  have  free*  liberty  to  remind 
the  court  of  it.  You  are  the  judges  of  this 
bet,  whether  this  land  do  of  right  belong  to 
the  plaintifr  or  to  the  defendant :  And  I  leave 
it  to  year  consideration. 


matcriam  sequen'  videlicet,  '  This  Indenture 

<  made  the  ISth  day  of  November,  in  the  2d 

*  and  3d  year  of  the  reign  of  our  lord  and  lady^ 
'  Philip  and  Mary,  by  the  grace  of  God,  king 
'  and  queen  of  England,  Spain,  France  and 
'  Ireland ;  defenders  of  the  faith,  arch-dukes 
'  of  Austria,  dukes  of  Burgundy,  Milan,  and 

*  Drabant ;  counts  of  Hasburg,  Fbnders  and 
'  Tyrol:  Between  Marcellus  Hall  of  Radclifi; 

<  miller,  on  the  one  nart,  and  Richard  Ro|>er, 

<  citizen  and  Salter  or  London,  of  the  other  part, 

*  witnesseth,'  &c.  prout  per  pred'  fateum  et 
coiUrofuct'  factum  plenius  hquet  et  apparet 
Uuodq;  pred'  Theodosia  Bryan  alias  diet' 
Doinina  T.  Ivy  postea,  scilicet  die,  anno,  &c. 
apud,  &c.  scient'  suhtilit'  et  false  pred'  falsum 
et  fubricatum  factum  publicavit  et  puhlicari 


After  «  hich,  the  jury  withdrew  to  consider 
«f  their  TenK<^  and  the  court  arose.  That 
ffcunjf  the  jury  gave  in  a  private  verdict  be- 
fon  a  judge ;  and  appearing  the  next  morning 
lithe  par,  were  called  over,  and  demanded  if 

Aey  did  abide  hy  the  verdict  they  had  given    .„„■.*  r  ^-  j»  m     ■  n-  rr  n 

ih^night  hefor^;  to  which  they  ans4red,    i^TJ^n  tJ  *"    ;:f™";/^"J.Pf^*  MarcelhHaU 
Yfs:  which  being  declared  by  the  secondar;    s^g:}"-^'^^ deliberat' p.  prefat'M.  H.ubirevera 
It  be  **  for  the  pbintiif,"  the  jury  were  dis- 
Cfluged. 

IVd  a  DMytion  was  made  by  the  plaintiff's  ' 
cwDicI,  that  several  deeds  produced  by  the 
Mendant,  that  were  detected  of  forgery,  might , 
It  left  in  court,  in  order  to  have  them  pursued, 
ud  coBV wted  of  the  fbrgery .  The  court,  u  pon 
"  '  s  of  the  matter,  and  the  plaintiff's  counsel 
f  they  would  prosecute  an  information 


rffbneryt  the  deeds  of  the  13th  of  November, 
■ilCt  Md  of  December,  2  and  S  Philip  and  ; 
llifj,  were  ordered  to  be  left  with  the  derk  of 
Ae  cnnrn  till  farther  order,  and  in  the  mean  , 
filBefheplaintiffto  have  copies  of  them  from 
|bt  Glerk ;  and  by  a  rule  of  court  a  trial  at  bar  ' 
I     iiMicnd  in  Michaelmas  term. 

'  h  Trinhy-term  there  was  an  information  ■ 
MBit  lady  Ivy,  for  forging  aud  publishing  , 
it  itid  two  indentures,  as  follows :  i 

Rex  versus  Ivy.  | 

hrenuTiON  against  the  lady  Ivv,  for  forging 

and  puhlisliing  two  Indentures,  Trin.  36 

Car.  Secuud.  Rot.  48. 
«.  Quod  Theodosia  Bryan,  de,  &c.  alias  diet'  | 
IVtadotia  Ivy,  de,  &c.  vid.  die  anno,  ^c.  Vi  et  j 
iiaii,  ke.  apud  Westm.  in  Com.  Midd'  ex  , 
m  prapr.  capite  et  itnaginatione  subtilit'  falso  i 
<tnadHleot'  t'ahricavit  et  fecit  et  fieri  et  fabri-  j 
OQcausavit  quoddam  faUum  factum  continen'  • 


eadem  T.  B.  alias  diet'  Doroina  T.  I.  adtuue 
et  ibidem  bene  scivit  et  intellexit  dictum  factum 
fore  falsum  controfai*t'  et  fabricat'  Anglice 
forced,  et  non  fuisse  focium  pred'  M.  H.  neo 
p.  ipsum  sigillat'  et  deliberat'  Et  ulterius  pred' 
Coron'  et  Attorn'  dicti  Dom'  Regis  pro  eodem 
Domino  Rege  dat'  Cur'  hie  intelligi  et  infor- 
mari  ouod  e^em  T.  B.  alias,  Sec.  die  et  anno 
suprad'  &c.  vi  et  armis,  &c.  apud,  &c.  ex  suo 
proprio  capite  et  imaginatioiie  scient'  suhtilit' 
falso  et  fraudulent'  fabricaiit  et  fecit  et  fieri  et 
fabricari  causavit  quoddam  aP  falsum  factum 
continen'  materiam  sequen'  videlicet,  *  This  In- 
*  deutuix^,  made,  &c.'  prout  per  pred'  ult'  men- 
tiouai'  falsum  et  controfactum  factum  plenius 
liquet  et  apparet  et  pred'  T.  B.  alias,  &c.  pos- 
tea scilicet  die  anno  suprad',  &c.  apud,  &c. 
scient'  suhtilit'  et  fulso  pred'  ihlsum  et  fabri- 
catum  factum  ult'  meiitionat'  publicavit  et  pdb- 
licari  causavit  ut  verum  factum  pred'  M.  H. 
sigillat'  et  deliberat'  per  prefat'  M.  II.  ubi  re- 
vcra  eadem  T.  B.  alias,  &c.  adtunc  et  ibid, 
bene  scivit  et  intellexit  dictum  ult'  mentionaf 
factum  fore  falsum  controfact'  et  fabricat'  An- 
glice forge<l,  et  non  fuisse  factum  pred'  M.  H. 
ncc  per  ipsum  sigillat'  aut  deliberat'  Ad  grave 
dampn'  ejusdem  G.  B.  in  contempt'  dicti  Do- 
mini Regis  nunc  Lc'i^umq;  suar'  in  malum  et 
periiitiosum  exemplum  omn'  al'  in  tali  casu  de- 
linqueu'  ac  contra  pacein  dicti  Domini  Regis 
nunc  Coron'  et  Dignitat'  suaa,  d(c. 


0(7]  STATE  TRIAU,  36Charlvs  II.  iGSA^TVhl  of  Btillk  of  Jerritweoi,  [648 


314.  The  Trial  of  Robeut  Baiilie,*  of  Jcrviswood,  in  Scotland, 
for  High  Treason :  36  Charles  IL  a,d.  I6'84- 


Ci'iiTA  JijsTiciARH!,  S.  D.  N.  Rc^  tentaiQpite- 
torio  Riirgi  dc  Edinbvirgli'vigissimo  tertio 
iUe  niCDsis  Decimbris,  1684,  per  Nobilcm 
rt  PotcntciD  Com  item  Georgium  Comitcm 
de  Linlithgow,  Uominum  Liviiic^towii, 
&c.  Justiciariiiin  generalemtotiusllt^i 
Scotia*,  ot  hoiiorabiles  viroH  Dominos  Ja- 
cobinn  Foiilis  de  Ccnntoun  Justiciarice 
Olericum,  Joannem  Lockhart  de  Castle- 
hin,  Davidrm  Ualfoar  de  Forret,  Ru^^rum 
Ho^re  de  Ilarcarss,  Alexandnim  Seaton  de 
Pitiheddcn,  ct  i'atriciuui  Lyon  de  Carss, 
Commissionurins  Jiisticiariie  dietiS.  D.  N. 
Reg-is.  Curia  legitime  alBrmata. 

Intrat 
Mr.  "Robert  Baillic  ol*  Jcniswood,  Prisoner, 

INDITED  and  accused,  That  where  not- 
witlistandinff  by  the  common  law  of  this,  and 
all  other  weli-jrovemed  nations,  the  conspiring 
to  overturn  tlie  government  of  the  monarchy, 


♦  "  Upon  what  was  thus  screwwl  out  of 
these  two  persons,  the  ear!  of  Tarras,  who  had 
liiarried  thie  duchess  of  Monmouth's  elder 
sifstcr,  and  eix  or  se>'cn  eentlemen  of  quality, 
were  clapt  up.  The  ministers  of  state  were 
still  most  earnestly  si't  ou  Baillii^'s  d(»struction  ; 
though  he  was  now  in  so  lau*?iiishing  a  state, 
occjisioned  chiefly  by  the  had  iisajjo  lie  met 
with  in  prison,  that  if  his  death  woiiM  have 
iatisli«Mi  the  nnlin*  of  the  court,  that  seemed 
to  be  vrry  near.  Hut  Ihcy  knew  how  ac- 
ceptable a  sacrifice  his  dying  in  a  more  violent 
\riy  would  prove.  So  x\\k\  continut^l  even  in 
that  extreiuity  to  iis<*  him  L".irbarously.  Tliey 
wore  also  trying  what  could  bo  drawn  from 
those  gentlemen  airoinst  him.  Tarras  had 
inarrioii  his  niece,  who  was  his  second  wife. 
So  they  concliidi-tl  that  their  conthlcnce  was 
entirf».  Baillie's  illnoss  increasi'd  daily  :  and 
bis  wife  pray<'d  Jbr  leave  to  attend  on  him  : 
and,  if  lhi.'y  tearwl  an  osi-apr,  she  was  willintif 
to  be  put  in  irons:  but  that  wasdtiiiwl  Nor 
vould  they  suflVr his djiuirhttfr,  a  t-liild «if  twilvc 

J^ears  old.  toattriid  him,  ivcn  \\\\v\\  he  m:is  no 
ow,  that  it  was  not  pmbalde  ho  could  livi» 
many  weiks,  ins  loi^s  Iwing  much  suillod 
But  uiKiU  tliosi*  t-\;i:iiiii;iti()i)s  a  now  inolhod 
in  procoodiirijr  ai^ainst  hint  v.attlakon.  .\n  ao- 
cusation  was  sf'ril  liim,  wu*  -.w  the  f-»riii  of  an 
indictment,  nor  ifrouiiiUvi  on  aii\  la\i,  lint  m*  u 
letter  «if  the  king's,  in  -Aliich  lie  chu>;44'd  hiin 
not  oiJv  for  a  conspiracy  <<>  raise  roliollion, 
but  for  \w\v.<i  •^Oiragttl  in  ili"  Ryo-plut  ;  of  ali 
wliich  he  i^as  i.  »w  required  tu  (surLTo  hinis<>lf 
h;  oath,  othiTuise  tlif  co:.ni  li  \iould  h'lld 
bi'ii  guilty  of  it,  and  pnicoed  a^*''fMiiii^ly.  He 
Mas  not,  as  they  Kaid,  now  in  a  crinnnal  court 
upon  his  life,  But  before  the  council,  ^>ho  d.d 


or  of  the  established  gnremment  of  tbii  kfing- 
dom,  or  the  concealing,  and  not  rereatiiig  of 
.any  treasonable  design,  project,  or  diteoune 
tending  thereto;  or  the  ttiistiiigp,  aiding,  or 
abetting  such  as  have  any  such  desigfns^  ikici 
infinr  the  pains  and  punishment  of  treatoo. 
And  by  the  third  act  of  the  first  parliament  ot 
king  iaines  1.  The  rebdling  openly  against 
the  king's  person  ;  and  by  the  tbretty- seventh 
act  of  his  second  parliament.  The  resettingt 
maintaining,  or  doing  favours  to  open  or  notour 
rebellers  against  the  king's  majesty  k  declared 
treason,  and  punishable  by  formultuie.  And  \sf 
the  hundred  fourty  and  fourth  act  of  tho  twrifth 
parliament  of  king  James  6.  It  is  declared 
treason  to  resK,  8Ui)ply,  or  interoommune  with 
traitors.  And  by  the  first  act  of  the  first  swrioa 
of  his  majesty's  first  parliament,  It  is  d«clarBd, 
That  it  shall  be  high-treason  for  the  sobjecu  of 
this  realm,  or  any  number  of  them,  leas  or  mon, 
ujMu  any  ground  or  pretext  wbAtsomever*  to 
rise,  or  continue  in  arms,  to  make  peace  or  war* 

only  fine  and  imprison.  It  was  to  no  putpese 
for'him  to  say,  that  by  no  taw,  unlen  it  wee 
ill  a  court  of  inquisition,  a  man  could  be  re- 
quired to  swear  agrainst  him^f,  tlie  tempta- 
tion to  perjury  being  so  strong  when  adf-pre* 
senation  was  in  the  case,  that  it  seemed 
a^ainsL  all  law  and  religion  to  lay  such  a  snare 
in  a  mnn^s  way.  But  to  answer  all-  this,  it 
was  pretended'  he  was  not  now  on  bn  life,  and 
that  whatsoever  he  confessed  was  not  to  be 
made  use  of  against  his  life  ;  as  if  the  ruiu  of 
his  family,  which  consisted  of  nine  children, 
and  perpetual  imprisonment,  werc'  not  more 
teiTiblo,  es{>ecially  to  one  so  near  hh»  eotf  as  lie 
was,  than  death  itself.  But  he  had  to  do  with 
irK.'Xoiahfc  men  :  so  he  was  require  I  to  take 
this  oath  within  two  days.  And  by  that  time, 
lie  not  beinir  able  to  app(*ar  before  the  cotmcil, 
it  committee  of  council  was  sent  to  tender  hmi 
the  oath,  and  to  take  his  examination.  He 
told  them,  he  was  not  able  to  speak  by  reason 
of  t!io  Inw  .state  of  his  health,  which  ap|»eared 
very  evidently  to  thorn  :  for  ho  had  ahiio«t 
dioii  u  hi  If  they  were  with  him.  He  in  general 
pn»tr.ti>d  his  iiiiioconoe.  antl  his  abhorrence  of 
all  (l>  A\ri\s  against  the  kini:,  or  tho  duke's  life : 
for  I  ho  oihor  interrojfatories,  he  desin'«l  they 
miirht  bo  left  with  him,  and  he  would  consider 
Oieni.  Tiioy  prrsistod  to  require  him  to  take 
liis  fnitli  :  but  be  as  tirmly  refused  it.  So, 
ii^M>ii  their  report,  tlio  <!nuiioil  oonslniHl  this 
refusal  to  be  a  o(»nfes!»i»n  :  and  lined  him 
6,000/  and  ordered  him  to  lie  still  in  prisoo 
till  it  was  |iaid.  After  this  it  wasllKmgnt  that 
this  matter  was  at  an  end,  and  that  this  wast 
final  sentence :  but  he  was  still  kept  shut  un, 
and  denied  all  at  tendance  or  assistance.  He 
seemed  all  the  while  so  composed,  and  eien  so 


STATE  TRIALS,  3^  CtikViLtt  IK  l6§4*— /or  /%*  Ttmstm, 

the  ettmist  of  his  royal  j^^vemfiM^nl,  of  to  Ivr  y 
war,  or  take  up  irtns  a;rain«t  hln  tntjevtj,  (^ 
juiy  commiisionatfii  by  him«  or  tu  cntkc 
]>  ^r  oihei'a  to  iti?Arle  auy  iif  his 
iiinions,  m'to  writer  pi-int^  or  si.it'ak 
u.4.>  •^^'^'ij,   ^iiat  tutty  ejipresB  or  fUH:l(ire  !>uch 


nai  ti*'■nl^*^ 


Bwt  the  tinktf  was   oat   *«- 
Ho  the  ministry  npplitd 


hnt  the  c«iie  wn^  n^ 

on  to  the  (MTson  wiks  so 

t  liiiii  vms  so  ^t^at,  thtt 

1  hope   i    xm:d   iitnke    no   apolog'y  Ibr    it**' 

1  liiiriiet,  585. 


Ihf^  they 

►'    fuuli. 


MOb   to  be 

)r  t hut  had 

Ih>  donr,)  htit  &s 

\    ihr  jury,  atitJ 

ti  tml,     Ami  tifjim 

'   .     i'       iJ«Hi  con- 

<)«iv  :    Si) 


ermicc  to 
i,  that  lit 

iff  anr  Se 
I  lie,    m^  the    dtike*8  ; 
'•f  ihf  fftn-frnrnpnt  t 


to  no  par- 

'■  '*rtliv  LTji  - 

1     .,'-:i-,-,    v^.,-. 


Akiut  ei^ht  ve&r:i  liefore  thi§  trial,  Bai)]i«  of 
J^rviHwooil  Utxti  incurred  the  displeasure  %ail 
evptrienced  lUeReverity  of  the  Council  of8coi- 
Ifttnl,  Wodrow,  (\*iC  I,  p.  421,1  give«  ih* 
fulluirm^r  account  of  what  occiirriiu  upciii  Uiai 
oc'caisioQ : 

**  About  tfie  middte  of  Jane  this  year,  thert 
11  Bnempt  tipoD  tht*  reireretid  Mr.  Jomn 
ri,  hefoi'p   the  restorution    nitnislflr  it 

anj  since  the  revolution  s  nw»st  m4?fisl 

miirister  for  a  ot>od  many  year*  rii  the  city  of 

Edinburtih.  ^tell  known  to'tliis  churt'h.    Tbift 

aHiiir  kmdled  a  groat  Hftme,  and  vr«s  the  oocm- 

^iton  of  sonje  very  comiderahle  ohangvs.     I 

shftll  g'lfe  ;nj  acconni  of  the  matter  of  fact, 

thmi  h  nurrativc  lell  of  H  by  hrmsrif,  who  con  Id 

only  ^ite  the  ftccmint  of  oumt  riri*ii instance* 

relative   to  it,  and  whost'  veradty  I  know  will 

I  :  and  fhpu  I  shall  sobpitn 

I  anent  it  in  the  council -re* 

*'  ^W\A  is  the  lai^er, 

L'ti  very  fjilsly  rc- 

^   ^'t  not, 

it  the  time  me^ntioncd, 

« 

m 

■n. 

■irii! 

atWrwunU  to  know  both  to  hist  i:4»!»t.     du^tdlm 

desired  to  npenk  a  word  with  Mr.  Kirktoun  ;  Mb 

he  answered,  He  Bi>iiU  wait  on  htin» 

iig  no  evil.      Whrn  walkinp;'   off  %&• 

wuiib  ilje  lidir  of  the  ^ '-at  tHc 

other  (JanieH  Scot  of  Ti  i  yonngf 

1^.  r»<N  iiij<n  wjuji,  for  he  nas  pi mciiy  -i  stmngw 
I  ii  iut  Hcotanflwered  him  with  i^ilence  wnd 
MaitM'j,  ;  And  thtni  Mr  Kirktoun  fonnd  he  waa 
trcpiint'd,  nnd  a  prisoner.  How^%er»  hp  wat 
fjlad  whf^^'  '•"  »  '^wed  him  to  «  private  house, 
and  not  ►n,  which  wan  near  by. 

"IIh    ^     _       uy  brought  him  tinto»  wa» 

Carst«ir»*s  own  chamber,  ha  ngly  dark  hole, 

in   one    Robert  Atexmndcr   a    hrw^mjyer   bia 

house.     An  iuon  as  Ctirstairs  tjfoi  him  into  hm 

t'h:unt>er,  he  sent  ofT  Hcot  and  hi*  footmiii« 

probably  to  hrini»:  so»Uo  more  of  their  <^TOp%- 

When  they  were  gone,  Mr,  Kiiletoim 

hat  he  meant  lo  do  with  him.     Car- 

i^w^ercd^  Kir,  yon  Owe  me  money.  Wfr- 

l-j-A  him,  Whom  he  took  him  V*  be^ 

\,   Are  you  not  John  ll^itlhwf 
Mr.  Hiilctouu  taid  bt:  Wis  not,  aft&  ingetm^ 


he  depr 
what  1 


pivij-ii- 

one  day   v^ 
about  noon, 

aiiH 


I 


651]  STATE  TRIALS,  36 Charles  XL  iSSi^Trial  of  Baiilk o/Jftm 


lUeir  ucAsniuihle  intffntioot^  \s  <]ecl&red  treasoQ 
And  punishftble  vus.  fiucli.  l^keas^  by  the  is«vottd 
act  of'  Kis  majesty's  third  (KirliiLcueiit,  It  is  de- 
eUrud  bigh-tr^ftsoa  in  any  uf  iU^t  §ii\ijm*t»  of 
thi»  reAlu),  l»y  irHting,  »|iei4kin«r,  or  any  other 


i:  \vay»  to  cndcatcnir  In©  iJicTiMB^ 

M    ,  ,  or  ili»en*ioij  of"  ib.' rur^j^  er^qr- 

et^^iiiutt,  nr  lieburring^  tlie  tu  -v, 

Nenrthde**,  it  is  of  reriu  4t. 

Il(^'rt  B«ilii«  ul' Jer?iswcM>U,  ftU^ikiii;^  (4  all 


oii^ly  told  bim  ufi  ^  Then  Carsliiirhi 

r.zii\%  It' you  bf,  11  ,1,  1  have  tiotlimg 

to  sAy  to  you.  'I  ii  u  uv,  iviiki<nm  risked  him 
who  he  UftS^  lie  utuiucd^  11^  was  8c<jI  of 
EikiKouii»  nhom  indted  he  did  pretly  much 
test-mhle;  vci  Mr.  liirktfuiti  knew  noi  whol 
to  miik'^of  fiit'^  li.^iu.l,  (|i  ,,'  w  .•  ii.i  .H,v;vi<Mii, 

g<?ther,  Mr  >  ^       .  ^    .     ^  ^ir- 

Stairt  wanted  motmy-.  Jmd  wbs  j*Jst  bc^niii^ 
In  make  some  insiDu;aio(i4  that  wavs  ^'lifn 
Ihiit  exodlent  g^entlrman,  whom  Ave  yfjall  mrci 
with  afierwarils,  Mr.  Hobert  Buillic  of  Jcrvis- 
wo(»d,  a  aear  rtlaiion  of  Kirki4iuii*s,  Andrf?w 
litf'Vpnsoii,  and  Patrick  Jotiostout^  iiiercliuaU 
in  '    '    '  ju^utsiime  information  of 

M  a  ^ lances,  and,  iviib  some 

ilinicuuv  ijavmy;^  Kiiieii  up<>n  the  hou<ie|  eatiici 
to  the  door,  uiid  oillcd  to  CarsLair^  to  oofo, 
aisktng  what  hi-  had  to  do  uith  a  man  lo  m 
dark  duDgeon,  all  nlooe.  31  r.  Kirkloim  knovr- 
ing  the  voice  of  his  friends,  to«>k  heart,  and 
goi  up^  ^yin^*  There  be  lioti£-«t  gentlemen  at 
your  door,  who  will  t<*srity  what  1  aw^  and 
that  1  an>  not  John  ^\'urtUavr  :  open  the  door  to 
them*  That,  aay&  Carst)firs«  I  will  not,  ilraw- 
ing  his  pocket-pistol;  %%|iich  Mr.  Kirktoun 
perot'iviitg,  thought  tt  high  time  lo  act  tor  bis 
4»wii  saftrty,  and  grasped  Carstairs  clo&e  in  his 
artnt;  so  mastering  botli  hiii  hands  and  the 
pistol,  they  strngijfled  a  while  on  tile  tioor.  The 
^ntlcmen  withuut,  hearing  the  noise^one  cry- 
log  out  murder,  burst  open  the  door,  and  part* 
ed  them  without  the  least  tiolonce  to  Carstaira, 
and  as  they  and  Mr.  Kirktoun  were  going  out, 
they  mct8cot  und  his  companion  returning* 

''  Thus  Mr.  Kirktouu  escaped ;  but  the 
others  inclined  not  to  uuit  thoir  game  to,  hnt 
resolved  to  turn  their  prnate  violence  to  stale- 
RerrioCt  aad  so  go  stnught  to  UaUoun,  and  tell 
th^rov«n  story,  who  presently  calls  the  conn* 
dl^  almost  in  time  of  dionerf  as  if  all  Ivdin- 
httrgh  had  been  in  arms  to  rcsUt  lawtut  autho- 
ritv*  V\  hen  the  council  gottofft*tber,  Ualtonn 
tells  the  story,  as  the  TUlihts  had  rt^presentevl 
it  to  bim,  That  some  of  tljeir  public  officers 
hid  catcalled  a  Pbaaatic  minister,  and  tliat  he 
was  lusicued  by  a  numerous  tnuiuH  of  the  peo- 
ple of  Edinburgh,  The  council  made  a  diU- 
gusnt  cncjuiry  into  the  matter,  and  could  Hiid 
nolhmg  m  it  to  Inx  U|H>n.  Mr.  Kirktoun  had 
taken  care  to  inform  his  fricniU  that  it  ^ as  a 
re*l  robbery  they  desitriicd,  ami  a  httle  oiooey 
Wftuki  havedeliicred  liini,  rf  hf  and  Carstairs 
had  got  leare  to  finish  their  coniuiunmg. 

**  Jer\i*wuod  was  broiight  before  theoit  and 
gave  them  a  very  candid  account,  as  above; 
4nd  when  the  council  had  gone  their  uimoAt, 
they  couJd  find  no  more  in  tl  j  und  many  of 
them  were  of  opinion  it  were  lM:'st  to  drop  it. 
Thi4  bishop  ^orp  violently  opposcdj  aiuf  al- 


it'dg^ed,  ifCa<r»iair5J\s   I 

diBilciK 

rourajftrd,  and  Jervi^ 

e^mfk, 

!'    ■■■      '    "   ■    ' ■"■ 

-  -  -  Iifo. 

1m!. 

1^ 

dit 

4rt 

s  -     -. 

■4. 

"    \ 

nlf 

hariii^: 

iM* 

JL^sly's  ftdvoratc  a^-iimNt  >i 

•    «( 

Jervisu/KKJ,  for   hi^    rr>t 

..HP^ 

Kirkioun,  und  «l 

had  otdcrs  to  ... 

1  be  libel  rcdev ant,  anil  ptoMjn, 

pn)duccd  by  the  captain,  and 

I*  guilty  of  an  iti!^dcni  riv'  n<. 

aniltiue  him  in  M>qL  sterl'  U\m 

tu  he  in  prison  till  lie  pay 

toll),  the  council  were  m  a 

\iUeu%e%im\  ui  the  inhaU^.^,...    -^ 

had  got  in  to  hec  what  the  council  \^ 

$o  odious  a  case,  the  (question  wa%  %U. ,   , .,. 

ther  alt  the  people  in  the  lohhy  should  be  un- 
pr)«>onfiJ  or  not  r*  they  escapr^l  eouliiietiictit  but 
by  one  vote. 

*'  The  council  rcmittothecotntnitlceofpuk* 
lie  affairs,  the  examiiiaUon  of  AtKkcw  Stcreu- 
son,  and  Patrick  JohnNtonn^  h  ho  are  delated,  u 
\}i''\\\:^  art  and  part  with  Jm  vUwood  in  tlie  dr-J 
forrement:  and  in  July  tJiey  are  finod,  Mtd 
Stevenson  in  1000/.  ScoL-ft,  and  31  r.  Joh 
m  1000  meiks ;  and  they  were  to  co 
pritiun  lili  payments 

"  Thi«  iin)«>ecution  was  mightily  cri«d  tjA 
upon.     The  reason  given  by  U*e  ma 
this  sex^rity  was,  thr.t  Jerrii^^vvood  and  i 
were  ;|^uilty  of  resistance  to  lawful 
because  canUiin  Carstairs  was  a  c^n 
officer,  and   had  produced  his  cointnia 
apprehending  outed  ministers,  and  susn 
sous,  ut   the  council-boaTfl :    but   ihui 
could  not  satisfy  im^uirtial  obscrvem,  who  1 
how  InatteiH  *itood*     Ji  was  indeecl  true, 
Carstairs,   «mne  time  before  this,  bad  a 
rant  to  this  purpose^  granted  biin  by  the  i 
biMhon  of  Ht.  ^iiidrcws  ;  but  it  was  well  F 
that,  1  do  not  know  from  what  cause.  ^ 
this  warrant  a  ti       '   ^    '        f         i  ti 
Rlncardin^shoti  dj 

no  warrant  to  ,i.  i  .i:^*..r  m,  .j,„^,  .^t.  r«ft, 
they  respucd   I^Ii.  Kirktoun,  uetthtT  oocc  to 
much  as  pretended  any  such  thoxr 

**  And  hiii  production  of  a  v;i  t^ . 

council  was  alW\>Hrds  ibund  i"  .  k  .uut 

contrivance  of  the  primate,  which  wiU  kie  the 
more  easily  civdited,  when  the  reader  cootea 
to  the  case 'of  Mr.  James  Mitchell  *  and  lo  o^ 
serve  bis  carriage  in  that  matter.    The  ihiaf 

*  See  ^litchePs  Case  ux  this  CoUeeyoDi  i«l 
6,  p,  ia07. 


4 


ASS]  STATE  TRIALS,  36  Charlbs  II.  1 684.— /or  High  Treamn. 


[654 


fear  of  God,  respect  and  res^rd  to  his  majesty's 
Mitbority  and  laws,  and  ha viiis^  conceived  mo^ 
UDJnsily,  a  spreat  and  extraordinary  mnliL*o  and 
haired  against  his  majesty's  person  and  j^o- 
Temment,  and  having  designed  most  traitemnsly 
lodclitr  bis  royal  hig^hncss,  Iiis  majesty's  only 

tiooH  tbus:  After  the  alledgcd  riot  was  rom- 
nittnl,  and  the  iirst  meeting;  of  the  council 
ow,  the  archbishop  fimnd  it  eonveirient  Car>. 
itain  8hoi:Id  have  a  warrant  to  pro<hice,  and 
accorJingly  one  uas  pitnidfd,  and  tlic  d:ae 
«« taken  care  of,  s(»  as  to  aui.v.-cr  tl.o  tiuno  of 
the  facts  bein^  committed.  It  %i  as  this  Car- 
tfainprudiii'ed  in  faceof  connoil,  so  thai  really 
ibcy  went  ii[K>n  a  base  forge- ry. 

••  Further,  it  was  reckont'd  u  very  odd  step 
h^  oolookcra,  lliat  a  libel  bhould  be  Vound  sut- 
fidently  proven  by  the  single  testimony  of  an 
■ftnMNis  accuser,  iirre  likew isc  a  party ,  apiinst 
the  dttdaration  of  tlirec  unquf  stionnbly  credit- 
aUenilnesseff,  and  the  cxaniiiiuiion  of  all  tht; 
wJiBcases  wrho  were  called  in  Uii>>  process :  But 
Sharp  and  Halloun  must  have  their  vlll,  and 
»the  sentence  past,  thtrnj^h  reasons  stron^^ 

ODV 

fledure, by  seviral  members. 

*^  Notttithstauding  of  all  these,  the  sentence 
aiabove  was  carried,  and  this  worthy  and  pious 
fodnBan  Jerviswood  continued  about   four 
bodIIh  in  close  prison.  I  find  him,  August  3d, 
hjoida  of  council  sent  firom  Edinburgh  to 
Starii^ Castle,  under  a  guard.    He  paid  three 
thomod  mcrks  of  Ids  fine  to  Carstiirs,  as  a 
Rviidof  his  zeal  again»t  presbyterians,  and  be- 
CMR  he  was  an  active  agent  tC  the  archbishop 
ii  his  persecution.     It  was  with  no  small  dii- 
inky  tbii  irentleman  was  at  Itugth  liberate, 
and  passed  as  to  the  rest  of  his  fine,  and  not  till 
Iha  eoart,  upon  better  information,  had  dis- 
1  aorae  dislike  at  this  unrighteous  pro- 
Some  years  ^flerward  Jerviswood  will 
oaneio  a^in  in  this  history,  when  he  met  yet 
vkh  baraiher  treatment.     \Vithin  two  months 
Mr.  Stevenson  and  Mr.  Johnistoun  got  out  of 
frisoQ,  but  not  till  Haltounwas  presented  with 
a  piece  of  nfood  wine,  ^nd  a  parcel  of  curious 
hoe,  and  then  justice  was  permitted  to  be  done 


aadnuuiy  were  utTered  against  this  illegal  pro- 


*'  In  the  mean  time  Mr.  Kirktoun  thougbt 
ynpcr  to  try  what  he  could  do  at  court,  and 
■Bee  the  dutchess  of  iMiuderdale  had  not  long 
ago  pmfessed  very  great  kindness  to  him,  he 
fnsomed  to  write  to  her  ^ce,  and  sent  up  a 
ftne information  of  tiie  affair,  complaining  hea- 
tfly  of  the  wrong  done  him  and  his  friends. 
Tms  information  was  indeed  shown  to  tlieduke, 
vbo  leemed  mightily  surprised  at  it,  and  owned 
he  Bcver  met  with  two  informations  more  dif- 
than  his  brother^s  and  Mr.  Kirktoun's. 
I  ft  latile,  by  whom  I  shall  nut  !>ay,  IVIr. 
MUi*a  letter  and  inlbrmnti(»n  were  sent 
I  to  dbe  oooncil,  to  see  what  they  could 
if  than  for  a  new  accusation.  When 
ftw  them,  hefoameil  and  raipnl,  but  it 
VMMIiiikii  power  to  rAch  Mr.  Kirktoun  at 
fUi  iHMf  mj  Mr.  Kirktoun,  as  wc  hare 


brother,  from  his  due  ri^ht  of  succession,  did, 
amongst  many  otiicr  traiterous  acts,  tending  to 

{>romote  that* wicked  design,  endeavour  to  get 
liinsclf  elected  one  of  the  commissioners  lor 
negotiating  the  settlement  of  a  colony  of  this 
nation  in  Carolina,  in  one  or  other  of  the  days 

heard,  is  put  in  the  front  of  the  letters  of  Inter- 
eoumnming  in  August  this  year. 

'*  This  spark  raised  a  great  flume,  and  was 
followed  wiih  very  couiiiderable  consequences. 
After  tlie  council 'had  come  to  an  issue,  HaU 
tuun  dispatched  an  account  of  this  affair  to  his 
brother 'the  duke  of  Laud^-rdale,  and  misre- 
presented all  who  had  spoken  any  way  favour* 
ably  uf  Jerviswood,  as  if  they   had  agreed  to 
subvfM't  lawfol  authority,  and  were  in  a  combi* 
nation  against  the  king,  and  for  the  phanatics. 
Anew  nomination  of  council  came  down  from 
I  f*oui-t,  as  we  have  heard,  and  all  who  would 
'  not  Iwiw  to  Haltuun  and  tlie  primate  were  lefl 
j  out,  such  as  duke  Hamilton,  who  had  spoken 
.  nmch  and  freely  against  the  act  of  fining  Jer- 
t  viswuod  and  the  others,  the  lord  Privy  Seal, 
i  the  earl  of  Kincardin  formerly  Lauderdale's 
'  great  friend,  the  earl  of  Dundonald,  and  some 
others." 

It  was  the  second  imprisonment  of  Baillie,  of 
Jer\iswood,  which  induced  sir  Patrick  Hume 
I  (created  earl  of  Marchmont  by  king  William) 
I  Iirst  t4)  conceal  himself  at  Polwarth,  and  aftor- 
•  wards  to  escape  to  the  Continent.  Mr.  Koae, 
in  the  Appendix  to  his  '^  Observations  on  Mr. 
Fox's  Historical  Work,"  has  published  a  most 
interesting  narrative  (composed  by  lady  Miir- 
ray,  who  was  grand -daucrhter  of  sir  Patrick 
and  of  his  friend  Baillie),  in  which  are  related 
many  particulars  of  her  grandfather^s  conceal* 
ment  and  escape,  and  of  the  privations  whicli 
he  and  his  family  underwent  diving  their  ab- 
sence from  their  countrv.  Lady  Murray  re- 
present<,  that  from  London  he  went  to  France, 
and  travelled  from  Bourdeaux  to  Holland  on 
foot.  Sir  Patrick,  in  his  own  Narrative  (pub> 
lishe<l  in  the  same  volume)  says,  that  so  soou 
as  he  got  u{K>n  the  Continent  he  staid  but 
short  in  France,  Fjient  some  weeks  in  Flanders 
and  Brabant,  and  so  went  on  to  Holland.  Mr 
Rose  himself  (Observations,  iScc.  p.  209)  re- 
lates, th:tt  sir  Patrick  es<!aped  to  Ireland,  from 
whence  he  retired  ili-st  to  (lencfa  and  then  to 
Holland.  In  rei)ortin^  the  second  escape  ol 
sir  Patrick  from  Scotland  (which  took  place 
ailer  the  diseoniHture  of  the  ex|Mnlilion  cnni- 
n)an(!e<l  by  Argyle)  Mr.  Rose  says,  that  he 
escapcjl  to  the  coast  of  Frjmcc,  and  travelled 
throie^h  the  whole  of  that  Cfuuitry  in  the  cha- 
racter i»f  a  phyticjaii  to  liounitauN,  ciiin|)elleil 
by  tli-v  ifnp'.'rtuiHti'Sof  the  |ieo|.|e  :in  he  passeil 
to  pr.'\;'ti>;e,  from  their  confidence  in  the  skill  ot 
a  British  physieiun,  whieh  he  was  obliged  to 
contiiiueto  do  at  r.oui-<le:iu\  till  he  could  get 
a  pas<;a^'e  from  tiK-nre  to  Holland  a  second 
time.  Lndy  Muri.^y  mentions  his  passing  for 
a  sury;;eon  (hiriii<^  the  course  of  his  first  escape 
lu  fact,  her  Nan  ative  notiecs  not  th«^  axpedi- 


655]  STATE  TRIALS,  36  Charles  II.  i684.-.7Wfl/o/Bfli/ftVo/,feTiwoorf,  [63<i 

«f  the  monetlis  of  January,  Fetiniary,  Marcb, 
April,  or  May,  one  thousand  six  hundred,  ^nd 
eighty  three  years ;  and  tliat  he  lui^ht  thereby 
have  the  freer  and  better  access  to  treat  witii 
the  earls  of  Shaflcsbury  and  EKsex,  the  lord 
Russeland  others,  whohad  entered  into  a  eon- 


tion  under  Ar£>:yle  or  its  consequenecs.  It  ap- 
pears, that  the  incidents  attending' the  former 
<if  sir  Patricks  escapes,  are  occasionally  con- 
founded ««'itli  iliUHe  H'hicli  attended  the  other. 

See  more  roiicemiuff  Baillie  of  Jerviswood 
in  4  Laing's  Hist,  of  Scotlaiul,  72,  133,  137, 
«tseq. 

The  entries  in  Foimtainhall's  Decisions  con- 
oeming  this  Case  are  as  follows : 

"  July  26.  et  dieb.  seq.  1684.  Mr.  William 
Spence,  late  servant  to  tlie  earl  of  Argyle,  by- 
order  of  the  Privy  Council,  is  tortured  and  put 
in  the  boots,  to  force  him  to  reveal  what  he 
knows  of  the  earl's,  and  other  persons,  acces- 
sioQ  to  the  late  English  fanatic  plot,  and  the 
association  and  design  of  rising ;  and  in  i-egard 
lie  refused  to  depone  upon  oath,  if  he  hao  the 
key  whereby  he  could  read  some  letters  of  the 
eari*H,  produced  by  major  Holmes,  written  in 
cyphers ;  and  seemg  he  would  not  say  upon 
oatn  that  be  oQnld  not  read  them,  and  that  they 
,  offered  to  secure  him  by  a  [Mrdon  for  his  life,  it 
rendeced  him  very  obnoxious  and  suspect  of 
prevarication  ;  so  Uiat  after  the  torture,  he  was 
put  in  general  DalzielFs  hands ;  and  it  was  re- 
l^orted  that  by  a  hair-shirt  and  pricking,  (as 
the  witches  arq  used,)  he  was  five  nights  kept 
tirom  sleep,  tilt  he  was  turned  half  distractt'd. 
He  eated  very  little,  of  purpose,  that  he  mi<;lit 
require  the  less  sleep  ;  yet  all  this  while  he  dis- 
<:overed  nothing,  and  though  he  had  dono  it, 
jet  little  credit  was  to  be  given  to  what  he 
should  say  at  siidi  a  time. 

"  August  ?.  At  I*rivy  Council,  Spence  is 
«jgain  tortured,  and  his  thumbs  crushed  with 
Cnumhikins :  It  is  a  new  invention  used  among 
the  colliera  when  transgressors ;  and  disco- 
vered by  general  Dalziell  and  Druminond, 
they  huving  seen  them  used  in  3fu5Covy. 
Alter  this,  when  they  were  about  to  put  llini 
again  in  the  boots,  he  being  frighted,  desired 
time,  and  he  would  declare  what  he  knew  ; 
whereon  they  gave  him  some  time,  and  se- 
4}uestratcd  him  in  the  castle  of  Edinburgh,  as  a 
place  where  he  would  be  free  from  any  bad  ad- 
vice or  impression,  to  bo  obstinate  in  not  re- 
vealing. 

««  August  122,  Mr.  William  Spence,  men- 
tioned 7tb  current,  tu  avoid  any  fartlier  tor- 
ture, reads  these    hieroglyphic    letters ;    and 
agrees  with  Mr.   HolmesN  declaration,  that  ' 
Argyle.  Loudon  Campbell,  the  late  preNident  { 
8tair,  sir  John  Cochran  and  others,  had  form-  I 
ed  a  design  to  raise  an  army  in  Hcotlaiid,  and  | 
to  land  at  such  convenient  places    as   they  I 
hoped  the  people  would  join  with  them,  ami  ' 
hoped,  if  they  once  gave  the  king's  forces  a  | 
f<ui,  they  would  get  many  to  flock  into  thein  ; 
and  bad  advanced  money  to  this  purpose ;  and  . 
1 


sjnracy  in  England  against 'his  majesty's  per* 
son  and  government,  aridnvith  colonel  Uumscy, 

Walcot, West,  and  Ferguson, 

and  others,  who  had  likewise  conspired  the 
murder  of  his  majesty's  sacred  person,  and  of 
tlie  person  of  his  royal  higtmess ;  and  findini; 

that  there  were  tlirce  keys,  whereof  he  hid 
one,  and  Mr.  Carstairs  another  (which  caused 
him  to  be  tortured,)  and  Holmes  a  third ;  and 
they  expected  help  fnnn  Kns^land ;  and  also  be 
anproveil  of  Gray  of  Cripe's  n'^ading'  them. 
On  this,  Cni.-ijdiell  of  Anlkinlas  was  appre- 
hended, by  John  M*Naiightun  in  Invemy; 
and  Spence  got  the  liberty  of  the  caatle,  and 
his  remission  was  recommended  to  be  past  by 
the  king ;  and  Gordon  of  Earlston  was  sent 
for  from  tlie  Bass,  not  to  be  execute,  (ax  some 
said.)  but  to  be  tortured  and  confronted  with 
Spence. — ^They  resolved  not  to  admit  ef  his 
madness  for  an  excuse,  which  they  eitceiiied 
simulate ;  as  the  late  chancellor  had  done. 

'*  8ci)tomb(  r  %.  Mr.  Robert  Baillie  of  Jer- 
viswooj,  having  got  his  citation  before  the 
Privy  Council,  on  a  libel  for  resetting  rebek, 
6cc.  tie  gave  in  a  bill  craving  a  delay,  in  respect 
of  his  utter  inability  to  come  abroad  throiieli 
sickness  and  indisposition  ;  they  appointed  tne 
clerk -register,  &cc.  to  go  to  the  prison,  and  to 
examine  him  upon  oath,  on  the  articles  of  Ikt 
libd  which  they  had  now  raised,  fearing  h( 


might  escape,  and  prevent  fining,  or  any 
punishment,  if  he  should  ouietiy  die :  And  br 
declininnf  and  shifting  to  depone,  and  it  bein^ 
re]H)rteirto  the  Privy  Council,  they  lived  him 
6,000/.  sterling,  which  differs  little  from  a  fbr- 
feiturc. 

"  Scjitembcr  5  and  6.  Mr.  William  Car- 
stairs,  sun  to  Mr.  John  Cai*stairs,  once  minis- 
ter  of  (ilnsgow.  is  brought  before  the  Secret 
Committee  of  Council,  aiid  is  tortured  widi  Ae 
thumbikios.  He  confessed  there  had  been  t 
current  plot  in  Scotland  these  ten  yean  past: 
Some  were  for  raising  forces ;  others  were edy 
for  assiK'iating  with  tlie  English,  for  boldiig 
out  the  duke  of  York  from  succeeding^,  and  to 
preser^'c  the  ref'iniicil  religion.  He  nanud 
many  that  werr;  upon  the  knowledge  of  it :  n 
the  (nirl  of  TaiTa^,  ( .'csnooks  elder  and  younger, 
with  ttio  other  pris-^ners,  Murray  of  Phuip- 
liaiigli,  I'nngle  of  Torwoodlee,  llome  of  PJ* 
wurt,  Home  of  Ijaffemli^an,  Mr.  Gilbert  Elliot 
Scot  of  (;allo\vshieIs,  llav  of  Park,  sir  Jaaei 
Dairy  m  pie,  Mr.  KoUMt  Martine,  Hamilton  el 
AJkeiiliead,  (Sec.  aiu!  some  gave  out  the  duehett 
of  Lauderdale  as  a  resetter  of  Argyle  since  bis 
forfeiture,  and  a  furnisher  of  him  with  money; 
and  who  offered,  in  1^)77,  to  procure  the  fani- 
tics  an  indulgence  from  the  king  tor  a  snm  ^ 
money.  Fame  uroiitroiisly  also  named  Kerof 
Cherrietrees,  Campbitl  of'Caddel,  Cammedf 
Balnaiuuon,  the  liiiirds  dflSrodie  and  CTrant, 
t.-rawfurd  of  Ardiiiillaii,  Elliot  of  {Stobe,  Mar- 
ray  of  Spot,  &e.  Sncli  of  them  as  could  be  gfl 
are  presenliy  aiiprehendcd,  imd  |mt  m  diie 

firison  ;  and  thou  m^jor  Monro  and   PhiK^ 
laugh  are  first  examined  ;   and  standing  en 


sSCbaeles  IK  lSsl,-/<7r  High  Drtason. 


iifMi  Itis  mm 

nil  (ivluim  lie  in  (o 

they    are   ^i  -  -i>^.    *   --  -Ti    -hr 

(;  whriciiiiiiikesdKi: 


man  tp  nm  him 

bnt  lie  li^M»f 4»4l  !•  ^' 

fmd  ii  Wore  tV 
i»l  dmiild  liHv 

Wf  m    nmn\  h 

lail  lie  bc4ujTtrii  I" 
•piMiilieiti      Plirl 

TWatCimptK!  ^  ajtd 

W  faiiy   cwi?  _        siuce 

III  ««c«fi«  JiK>^.    rerlmij;    but,  iitMlmsr   tins 
rtotnaiBoii^hi*  Jesircs  to  contct  hU  «k- 
l  iver^  It  WOK  only  iri^'t"  'iV  lam  to 
IjrgyW**  HnMrt  ri,  am!  nnt  to  turnHeit      Duke 
tortiuing-  intich;    and 
i  r  ,  iUvy  rnig:bt,  without 

)  «rr  i*iiin^'r^r!>.,  iikko  any  portioii  ofF  the 
i  torture  bim  ;  *■  el  uemo  in  alioruni 
t  torquetidii*  ;*    m>d  he  retired,  and 
I  lo  bt'  jiriiM^nl,  iin  (hid  ground,  that  if 
i  fWtv  skoqUl  di^  in  the  tuitiire,  the  judg'^ 
siabe  fer  murder,  At  Jeaitt  were  severely 

•♦  It  itm*  douhti^d,  how  far  thir  teslimoaies 

I  p€t  forth 'am  cao  he  probative  aj^inst 

I  p«ri  vvitntfAses   sbouW  tie  mj  far 

lUUieoiM  lis  to  be  uuiler  no 

nok^  en  ti  rropf  iff  f«itr  of  life  or  limb  ; 

flfali  iu4^*  clieto    h<^t  m   lie  eredil^d   thim. 


tliMiKlil  Oiir 
Wb  at  mmim  Im^ 
1«  Cbk  cnicd  l4irtan%  ti:> 
fti^  did  ll««  twotv,  (whi^ 
^HT  IcfnilBUi^iunall,)  wii 
liili  canfilHriicy  ; 


lo  }min^  the  privy  couucil'ii  pro- 


*"  Orcmilwr  9d  uid  24.  The  trial,  con- 
l^giMiafiit  Mid  cxi^iition  of  llobert  Biullit?  of 
Jvtiivood  w^s  upon  thir  diiyit.  On  the  TMi, 
I  W  wm  lirvugitt  to  tbe  criminal  inurt,  and 
Mdtml  M  art  %nd  part  of  the  trcn>oh?d>fp 
Mpfey   tif  iintiing  with  the  ti:  1 

SnolrT-partT    m   l'>iiut;tiiJ,   mz,   ^ 


U^of  York,  f4>r^ 


r«aii«c<?ctiioii  ibcreio^  wkicbli^  had    tlun^ 


f  onp  of  thr  but  tnlk*  thnt  they  nii^ht  go  on  e6>ctUfiHy  ;  sad 
alter  I  It*  bad  (cettleit  a  correspondency  here,  he 
did  gpo  up  to  lyiiidou  iu  one  tir  trtber  of  the  said 
triotieths,  n  iih  iiir  John  Cockran  and  eummiiiiiar 
Wottro,  and  did  then,  and  t!»cre,  transact  with 
the  iNiift  coiispintors^  or  one  or  otiier  of  thenfp 

pre^fiumed  to  omceal,  and  did  not  reveal  the 
Mttme  :  us  ulb*o,  he  was  an  agent  for  geliing- 
i;^.  nt  fN.o/  sierHn^,  fifom  the  English  to  my 
tn  floUand  to  bny  arms  bnd  to 
^  ns  and  horses  to  laud  in  the  we^t> 
highlands,  where  nther«  were  to  join  uith  bim, 

♦»  Tlie  lviiirr*s  advocate  tirsl  produced  the 
privy  cr  arrant  to  pursue  bim  ;  ivhich 

nlso  cuj^  >if  Ueorq^e  Lockhart  and  me^ 

ti]ion  oui  kilit^uinucs  to  be  assistant  to  him  in 
I  hut  process.  Then  ilie  warrant  waa  produced 
for  Sir  Palnik  Hutne,  Mr.  Walter  Pring-le, 
and  Mr.  William   RIetcher  to  appear  for   tlte 

' -*     '"        '    the  aoth  act   of  pari.  IfiSf 

lij   they  always  oontruuiiiff 

'  ■    J-  . .-.    sti  the    i-.*.»-(^^  of  law   anl 

loyalty  :  at  wbi<^h  clan  uplcd  ai  wn- 

utnal ;  though  they  dc:-,.:  i.^y  wouhl  cjl- 
cced  nciUier, 

'"^  The  1st  Tdcfence  was  on  the  shortne«a  of 
the  citation,  that  it  was  tlpon  little  more  than 
31  hours,  atid  that  the  leg^al  induats  waa  IS 
days;  ait  after  debate  was  found  in  \6JS,  by 
the  justicea,  in  the  ca^  of  one  Robertaoo, 
though  he  was  in  prison,  remarked  by  Hit 
Geor^^  M'Kenzic  himself,  in  b'ls  criminal*, 
tit.  of  libels;  at  least,  such  a  competent  time 
ouj^ht  to  be  alloHcd,  in  which  the  nannel  may 
raise  a  precept  of  eicculpation,  coaronu  to  the 
regfulalions  m  1672,  to  profe  lys  detifnc<?5  of 
a/ibi^  or  tbe  like,  and  to  cite  witnessess  ;  which 
^^asimiiossible  in  this  case;  and  if  they  may 
be  cited  on  a  day,  why  not  on  an  notir  ? 
Answeredf  There  was  no  law  obliging^  to  gifB 
paonels  in  prison  any  definite  tiiiie,  especially 
where  it  was  not  on  a  summons  of  treaaon^ 
but  only  on  an  indictment;  and  that  our 
Castom  and  practices  had  allowed  citations  on 
^4  hours ;  and  Itathillet  and  others  had 
been  so  cited,  (only  it  was  not  ot>jr"'"  * "  -  'nit 
in    tliese    cases,)    and   here  the  ;id 

not  a|iphed  for  an  excohiatioo.  -  .,^  ^*,iju- 
nal  lortls  repelled  tbe  defence,  and  stuctaineA 
the  cifation. 

»*  2do,  Alled^^ed,  As  to  that  article  of  har- 
bouring and  reset  of  Mr.  Wm.  Veitclu  orwlio^ 
fugilites,  and  the  corresponding  vi  ith  Argf)de, 
it  uaa;  '^  res  liaetenus  judicata,*  in  so  far  as  he 
bavin|r  lieen  conveeiied  b«dbre  the  privy  coun- 
cil, in  Hcptember  last,  for  these  crimes,  and  th^ 
Rftuie  Wing  referred  to  his  oath,  and  be  refus- 
ing to  depone,  be  was  tiued  in  6,0()0l.  fterling'. 
■  V  '""  *         *  Tr>  the  crimes  not 

of  cuuncih    Be- 
.  ,    Mkv  clerk  of  i^ecfft 
md,  he  Was  alsii  thofi 
I.  's  tity.ui-,  find  cravei 
II.     Dnplieifp 
lined  no  such 
;  aud  it  beii^  a  9oru^igii  (wtut,  il  shouli 


i   have 

tash 

it  as 

i   not, 

uijj  or 

but  their  conless- 


659]  STATE  TRIALS,  36  Charles  II.  1 684.—Tra/  of  BaUlu  t^  Jtrmwcod^  [6G0 

for  not  send! Dgr  the  same  Umeoualf,  and  lar 


to  jret  a  snm  of  monry  to  the  late  earl  of  Ar- 
gy\e,  a  docluriMl  traitor,  for  brinKin^  home  of 
lucii  ind  anus,  for  raising  a  rebellion  a^iost 
liis  I!  ajesty,  and  invadinjif  this,  his  native  coun- 
trey  :  and  m>  earnest  was  he,  in  the  said  design, 
that  lij  did  chide  tliosc  English  conspirators, 

make  more  faitli  than  any  double;  and  the 
advocate  could  not  depone  m  prejudice  of  his 
majesty's  interest.  Tlie  lords  allowed  the  king's 
Advocate  to  insist  against  the  pannel  for  all 
crimes  not  jutiged  by  the  said  decreet,  and  re* 
fused  to  conveU  it  by  his  oath.  Then,  having 
no  more  to  say  against  the  relerancy  of  tlie 
dittay,  the  justices  found  it  relevant  to  mfer  the 

J  lain  of  treason.  Yet  there  were  two  other  dc- 
ences  privately  suggested.  Imo,  That  the 
king's  warrant  sending  him  down  froni  Lon- 
don, bore  only  to  try  him  for  crimes  done  in 
Scotland;  ergo,  what  he  plotted  in  England 
■honld  not  he  charged  on  him  here.  2do,  That 
in  England,  the  senduig  mone^'  to  Argyle  was 
not  treason  ;  trgo,  the  conccahng  it  by  a  Scots- 
man could  not  be  treason,  seeing  *  accesspriiim 

*  sequitur  suuni  principale,  et  nou  entis' nulla 

*  sunt  accidentia.'  (But  tho}'  were  not  clear 
to  meddle  with  thir  two.)  And  there  is  a  strict 
act  of  parliament  in  England,  since  hiii  ma- 
jesty's licstoration,  tliat  no  man  who  has  com- 
mitted a  crime  in  England  shall  lie  sent  pri- 
soner for  it  to  another  kingdom,  (but  I  think 
this  .act  means  native  or  naturalized  English, 
now  the  3cots  Postnati  are  such ;)  for  in  ano- 
ther country,  they  cannot  plead  tlic  bcnofit  of 
the  Habeas  Corpus;  and  for  this  renson  it 
seems  thcv  could  not  prevail  with  Shepherd 
and  tlie  other  English  witnesses,  to  comr  to 
Scotbnd  and  depone  against  Jer^iswood,  what 
the^r  knew  of  his  accession. 

"  Then  the  witnesses  were  called,  and  Wal- 
ter Soot  earl  of  Tanas,  the  pannel's  ne])hew  by 
his  lady,  was  first  bnuight  in  ;  against  whom 
it  was  ohjc'cted,  that  he  was  not  a  habile  wit- 
ness in  law,  being  not  only  *•  consciiis  et  socius 
'  criminis,'  hut  also  undor  process  of  tn*ason,  and 
also  under  the  fear  and  apprehension  of  his  life, 
and  BO  <  sub  potcstatc  acousatoriK  ;*  and.  which 
was  more,  he  was  '  con\  ictus,'  in  so  far  as  he 
had  coulessul  his  gui!t,  and  tlu'owu  himself  on 
tlie  king's  lucrcy,  ^  et  coiifttous  hnhctur  pio 

*  ciiuvictii ;'  and  such  ivIlni'.NS'  m  a**  i  ejected  by 
all  laws,  evia  in  treason,  as  Antmi.  .Muiba-us 
asserts  ;  Tit.  de  hirsa  Mujeslate,  va^i.  4.  And 
Farinaciiis  dc  Tc-.>-tib:is,  (jiiust.  6J,  declarer 

*  tcstcm  uccusatiiin  et  im^rccratum*  to  be  in- 
capable ;  and  the  :;  l.  ti-ap.  stalul.  '2.  Kobert.  1, 

*  die  bis  qui  rcpelli:ntiir  a  tcstimonio,'  oxprrssly 
im»pacJtates  M  inculatiini  infamenk  et  tarce*^- 

*  ratum,'  and  whnsv*  uocusation  is  yrl  dcpciid- 
ing.  ,  Answered,  Though  tliu  brcMrani  *  regu- 
'  lafitcr'  holds  true,  that  '  sorii  cousciiiiuc 
<  criminis  non  sunt  admittenili  in  testes  quia  in- 

*  habile^,'  yet  <  exceptionem  ct  deliquium  pa- 

*  titur  in  crimiuibus  privile^^iatis  ct  exceptis,' 
as  is  treason,  and  conspiracies  for  subverting 
tlie  government,  which  cannot  otherwise  lie 
frofw  but  by  accomplices ;  and  to  plead  tbit 


mented  tlie  delay  es  used  in  it ;  ana  Dersumded 
the  bUe  earl  of  Argyle,  and  others  in  nia  nam, 
to  accept  of  any  sum,  rather  than  not  to  en- 
eage;  and  amongst  the  many  meetinga  that  ht 
nad  at  London,  for  carrying  on  the  nid  tcait^ 


they  are  not  receivable  ivitnesscs,  ia  all  one  as  to 
plead,  that  such  plots  sliall  not  be  di^cormd  at 
all ;  and  if  *  particeps  criminis'  be  not  aUoired, 
they  cannot  show  a  way  how  tp  reach  aiich  bon- 
jurators ;  and  publick  utitity  has  introduced  this 
relaxation,  both  for  the  atrocity,  frequency  and 
latency  of  the  crime ;  and  all  lawyers  are  cleai^ 
that  it  may  be  proven  *  per  socios.'  9do,  '  Goi^ 

*  fessus  habetur  pro  convido'  only  5  fictiqne 
'jiuris;'  i^nd  PafKm,  in  his  Arrests,  lib.  514, 
tit.  8,  shews  sundry  cases  wherein  complioea 
make  a  fhll  probation,  viz.  in  Iseao  m^pcrty, 
and  coHsphaeies;  and  Anton.  Faher.  in  c«L 
lib.  9,  tit.  6,  sa^'s,  it  is  '  privilegium  criminis 

*  Icesae  majestatis  ut  facilius  protetur,*  and  that 
for  obviating  and  discoverii^^  it,  *  ctiam  socu 

*  criminis  sunt  testes  habiles,'  which  thougli 
he  confesses  to  be  hard,  yet  it  is  neoesmy: 
and  it  uuports  not  in  law  whether  he  be  lioucr 
process  or  not,  for  it  stiU  amounts  to  no  mors 
but  his  being  a  <  socius;'  and  his  fear  of  death 
is  much  the  same  before  bis  indictment  is 
after.  The  criminal  lords  repelled  the  oljeo- 
tion,  and  admitted  Tarras. 

**  Then  Commissar  I^Ionro  being  adduced,  it 
was  alleilged  against  him,  thathe  had  betrayed 
his  testimony  already,  by  discovering  what)it 
could  say  against  tliV  pannH.  2do,  Whaihe 
rmitted  thnt  declaration,  he  w  as  either  thjealicB- 
<kI  w  itii  toitm-e,  or  in  the  very  prospect  anil 
view  (>f  it ;  and  Danihnudcrius  and  other  cri« 
uiinnlistH  reprobate  that  icstimonj.  3tio,  lltal 
he  hud  got  promise  of  the  greatest  good  deed, 
viz  his  lir«'.  Answered,  any  declaration  bs 
has  rmitted,  is  not  priKlition ;  l>eing  to  a  jadge 
and  it  was  not  on  a  precognition,  nor  in  rda* 
tion  to  this  pannel ;  and  so  needs  neither  bp 
givf  n  back  nor  canrfjlliHl.  2do,  It  is  denied, 
lie  was Ihrt'atencd  with  thetortorc ;  but,  though 
he  likd,  he  is  ih>  far  fr^m  being  rcndurod  then> 
by  inhahile,  that  on  the  contrary  he  is  a  more 
pregnant  and  convincing  witness,  not  being  vo- 
luntary. ;itio.  Promise  of  a  remission  tton  reU- 
Tittj  unless  it  i«  as  burdened  witli,  and  oommon- 
cdon,that  heshould  for  that  cause  depone again^ 
the  ]»annel.    The  lords  also  received  hiin. 

*^  Then  James  Murray  of  Philiphaugh,  and 
Huf;h  Scot  of  Gallowshiels,  wire  examined; 
who  said  liitte  to  the  panneJ*s  case  in  particulsr, 
but  cicared  the  tract  aiMl  threed  of  the  consui- 
racv,  anil  the  meelingswith  Polwart  and  Mr. 
Kolieit  Martine,  at  I'ringle  of  Torwoodlee^ 
house,  and  the  chain  by  which  it  xras  liukud 
with  the  English  plotters  and  Scotsmen  at  Lon- 
don, viz.  the  lord  Melvil,  sir  John  Cochrane, 
the  two  Cesniicks,  comiiiissar  Monro,  Jervit- 
wood,  i&c.  Their  design  seems  to  hare  beoi, 
to  join  with  the  Englisli  when  they  were  ripa 
to  draw  to  a  body,  and  ^ith  arms  in  the  ooa 
baud,  and  a  petition  in  the  other,  lo  oompd 


Mi  J  STATE  TRIALS,  56  C«1R  t 

t  dcfiifn.  itiiTr  v^K%  onr  nt  Til's  rmn  diani' 
h*,  wlicT  Nil,  isrr 

Mb  Tn  •  r-r  afifl 

te  . ,  and  thf  re  he  did 

fecil  a(  itit:  cair^  ii^  on  uf  tlic  sssid  rebeUjoti,  jtud 


V'.  :  :',!  !-    ■  .»  I*  .      r,.  -.'V  of  a 

to  be 

>u  IjMniTett 

9ucce«s  to 

'•^rices  of* 

rtaiooef  ii  '  Ber- 

tkir. »nti  HtiH    ;,  '  ■    ;    ..-oi^tlie 

or,  trcusurcr,  nnd  th*i  draLfoons  Korst^s 

lhf*y  wrrv  grfl.^ing';    atut  i"«>  try  where 

^'0   g-tH ;  auil  to  let  the  pnyect 

r  fiH*-9t  friofuJf^  to  try  thdr  mcli- 

ni»  .1  '  '  their  cP5»s  tor  a  time, 

»  kii  of  XtiviT  |Mirty  bv  a 

r^,  '  iiriininnv,    ntiil  ft   st^'iit  viz.  the 

ft  UuttoM   i»f  their  brea^its,    arnj  then 

■air  il  stfmn, 

'  tl«  kiag*^  ftitrocDtc  furtlicr  adduced  to 
»,M/f./i  t^r.yL,ff,ffiis^  fi  primed 
Amble  rJ'  Loir's  depui^itton, 

f«1ial:ini  I     il   on  the  22d  of 

Dc^^cmber  la^tf  in  jirt^Hfiice  ot  the  whole  jirivy 
Gftiiaril;  nhrrci^n  the  rwo  derks  of  couiicji 
I'tddooeij   -  i*^  to  supply  hUab- 

r  I  f«r  hr  1  iipwar  as  a  witnes** 

lilt  IVkMJtU,  Hliom  he  bad  ensnarnl 
im^fh%^  JUid  he  had  capitulaled  nith  the 
ifcnc  CdfDnitttr  '  '  lie  would  t^vif«|  any 
dbieiiff;  Imo,  t^  life,      2ilo,  That  he 


rill  Utirfic!^ 

irt^aUiii*;  for 

II    WAS   to  Ijave 

of  Arg"yle»  with 

I  wt:retar3%  hi»  8uh* 

I)    thereat;   aiid    for 

f  the  subjjcriptmn!r»  there 

I*  r  of' sir  Anctrew  Forrt?M- 

ivaut)  which   he  sent 

tTi8«  and  suudry  other 

I  IP,  r%irr«iary   Jtr'tikin^  tor 


ntfg  t)ic  hand    wiit. 


I,  It  b  deal 


•^     ^'-'!  /.  4,  1>.  de 
VtH  Med  tes- 
Novd.  90. 
caaes^  tlie  emperor  allows  the 
r   absent   wttiieisMes  upon  oom< 
aiMifti    hiji   'in  crimionUbuR/  because  of 
r  Efrcut   icnpctrt,  •  omntuo  priescniari  del>ent 
<i  '  M  rv^i ;'  andour  law  18  &8 

li  aet,  pari.  1556,  that  all 

aiir-n  '    I  ,         ire  of  ttte  assize 

isirm  may  ha^e 
fvrtt  pv«*i:    «  »!>es  from  per- 

jwfy;  wbewc*  ual  instance,  on 

ili<S4fli  Mtyd^i*  ^  >T>  Cesnock'f 

Irvl;  lir  lli^utfU  €  i^am,  the 

l»«i  itWiirfi,Tiftrt  rs<    ^      I  -^^ainst  hitn 

HMfinl  iImms  ber<pn;  the  tml,  y^  wheo  they 


of  th«  niooe}^  to  he  furnished  by  the  English 
for  Ar^yle,  for  buyingf  of  arms;  and  (hat  if  the 
Scots  would  attempt  any  thing  for  their  own 
relief,  they  would  |jet  assistance  of  horse  from 
Kagland  ;  and  tVoui  that  meeting',  he  or  aue  or 
other  of  them  did  ^ud  down  Mr,  Robert  Martin 

came  into  his  pi-^ence,  they  resiled.  An- 
swered, ii  was  notourly  known  tint  Carslttira 
and  the  other  two  absent  English  v  :  ^ti4 

depttned  these  thitigi,  and  did  ad  m, 

and  had  uo  ioterent  to  lie  or  wmni;  .  ,,_  j  .,..t>ul; 
and  so  It  imported  not  whctl^er  they  >»  ere  pre- 
sent or  absent ;  hut  they  used  them  only  lointorm 
the  mind^  and  coriscieiiccN  of  ihe  a-sst/.en?,  and 
letl  it  CO  iheni  to  consider  how  t<!ir  thoy  shonid 
import.  2do.  llie  90lh  act  of  parliamtnt  cited 
madeag^ainsc  them;  forit  only  disdiftr^;i?d  th« 
shuffliog'  in  of  papers  to  the  assizens  atlcr  their 
inclosiire,  which  the  nanncl  had  not  seen,  ami 
therftre  ordained  all  the  pi   '  i  •  he  led 

in  presence  of  the  patmel  and  i  ;  which 

they  now  did,  by  adducini;  fJir^e  ir^Umouies 
before  the  pannci  and  as^iize,  and  a  double  of 
w  hich  papers  were  given  him,   with  hb  in- 

dictuKnt. The   criminal   lords  refuse*!  to 

sustain  them  as  a  full  probation /jn-^f,  (for  that 
were  a  \  cry  danjyerous  prcparaiire)  but  referred 
them  to  tlie  a^izc,  to  be  considered  by  them, 
in  mudum  udm ink u  h^ 

Then  sir  I*atrick  Hume»  one  of  the  pnnners 
advocates,  spoke  to  the  assize^  and  allrdgcd 
tiiere  wa;*  not  two  witnesses  a^recvuEf  in  one 
fact.  The  advocate  contendetl,  that  il  needed 
not  in  Ci*eason  ;  nnd  he  ifummed  up  the  proba- 
tion, (il  being  hi^previlcg^e  to  be  the  lust  ^|>eaker 
in  this  crime  of  treason,)  and  aggja^ated  it  in 
all  its  circum^taiicet.  The'  uisize  enclosed 
about  12  u'cltiok  at  ni^yht,  and  «at  till  three  in 
the  nvoruing',  the  eari  of  Sirathmore  hein^ 
chancellor  ;  and  thi'y  found  \m  bein^  art  and 
part  of  ilie  couspiracy  and  design  to  riik?  h\ 
arms*  and  bis  conceahng  the  same,  proven  by 
tile  wrilK  and  adtuiiiides  produced. 

"  The  verdict  was  reau  the  next  moruinj, 
the  24tli  of  December,  and  ncntence  pro- 
noimccd  ag'nin^t  himi  viz.  that  he  should 
be  t.ikf*n  that  at^emoon  to  tlie  market- crosi 
of  Cdiuhur^hi  and  there  handed  oti  a  f^fihbet 
till  he  be  dead ;  hiii  head  V>  be  atfixed  on 
the  Net  her- bow -port  of  Edinburgh,  and  his 
lM>dy  to  be  cut  iu  four  quarters,  to  be  aet  on 
the  Tol booths  of  Jedbtiryfh,  Laucrk,  Air,  and 
Obui^ow;  hii  landi;  and  moveahlcH  dedaftd 
fotfeiled  to  ih«  king-,  his  blood  tainteit,  his  pos- 
terity declared  ignoble,  and  incapable  ol  all 
offices;  bis  arms  retemed,  and  so  afii^ied  on 
the  cross,  and  also  to  l>e  delete  and  raae<i  out  <if 
all  the  books  of  betaldry.  His  fiaher  was  a 
son  of  the  laird  of  Ht.  John's  Kirk,  wtio  \^  a 
cadet  of  Lamin^ton,  who  say  they  are  the  old 
Balliols.  He  earned  all  this  with  inuvh  calm- 
ness and  composure  of  mind ;  only  he  com- 
plained the  lime  they  had  given  him  to  prcfrfirts 
liimKclf  for  death  was  too  short,  and  hulTcd  a 
little  that  he  should  be  esteemed  fj^uilty  of  any 
desLgn  against  tba  life  of  the  king,  ur  his  bro* 


663J  STAT£TRIAI^,36ChablksII.  i6S4.^Trialo/\BmUu9/Jernm00d,  [864 


to  npevent  any  lisiiig,  till  it  vhonid  be  seafton- 
■bie  for  curr3''in^  on  of  their  designs :  wliicli 
Mr.  lUibert,  alter  lie  came  to  Scotland,  ditL 
treat  with  Polwait,  and  othere^for  carry in<f  on 
•I' the  said  rebellion,  by  Noeuring  his  majesty's 
officers  of  slate,  his  castles  and  forces,  and  by 

ther,  of  which  he  purg^etl  himself,  as  he  hoped 
to  ftiid  mercy ;  as  also  he  denied  any  purp<ise 
of  sobveiting  the  monarchical  government,  onlv 
lie  bad  wished  that  some  grievances  iu  the  tui- 
ninistration  of  our  atfaira  mis^ht  be. rectified 
and  reformed :  But  sct;in^  he  purged  not  him- 
self of  the  rest  of  his  libel,  nis  silence  as  to 
these  lookeil  like  a  tacit  confession  and  acknow 
ledgment  thereof.  All  soeuied  conviuced  that 
he  had  tampered  in  dangerous  proiiosals,  anent 
getting  what  was  amiss  redressed,  by  pntting 
pie  king  under  force  to  yield  to  their  demands, 
if  they  could  not  obtain  it  with  fairness ;  and 
Tarras  declare<l,  the  pannel  regretted  that  the 
iLnglisli  only  talked,  but  he  would  study  tio 
pusii  them  forward  to  take  brisker  autl  sharper 
ineasures,  and  to  act  something,  ^though  Jer- 
viswood  complained  much,  that  Tarras  to. save 
hiniseir,  sacrilicefl  him,  and  that  he  never  had 
usctl  these  (•xpression8,)and  that  in  May  1(533, 
he  went  to  London  on  that  en-anc\ ;  though 
Jen-is wooti  himself,  ami  the  other  Scots  gen- 
tlemen who  then  went  up,  gave  this  reawn, 
that  they  were  terrified  with  the  iuterlucutor 
against  Black  wfNKl,  finding  him  guilty  of  trea- 
son for  reset  and  harliuuring,  tliey  knowing 
themselves  not  fre<? ;  as  who  in  the  west  were  r 
Tarras,  Fhiiipluiu^li,  \c.  minced  and  cxtenu- 
at«.>d  their  dosi;;n  by  several  rolnuis  and  pallia- 
tions ;  as  lino,  That  ihty  flrlosled  the  repub- 
lican parly  in  liliijLrbnd,  who  were  for  tolally 
dianging'thr  nionarcby :  But  lliey  were  con- 
tent to  have  had  him  liiiiiled  to  have  fullowul 
their  counsels.  2d'>,  That  .^Ir.  Ui»bert  Mar- 
tine  was  only  sent  down  to  slop  a  rising  in 
Hcotland.  But  it  apjH'urs  the  reason  was,  they 
had  not  yet  fully  coniX'rtcd  wilh  Kn;;land,  and 
they  feareil  to  'man-  the  desijjn  by  too  iiuich 

iii-ei*)pitation  aiid  haste;— and  yet,*  when  Mr.  ] 
iobcTt  returned,  lit-  reportotl  that  he  found  the 
conntry  in  such  a  temper,  that  very  little  would 
kintlle  the  tire,     iiliu.  That  all  ihi'y  sjMdce  was 
on   rtMuote  su|ipositions  r\nd  cautions,  and  was  ] 
iniiiictiiaiely  rejeeted  as  unfit,  and   more  con-  ! 
sonant  to  pfn-isli  jrsnitical  principles  than  to  the  I 
casuiMs  anil  diune<!  of  the  reiiiriiird  relip.io;i ;  ] 
^ir.t  uivli T  sucli  a  ilangrioiis  pretended  co- 
vert as  :his,all  t!i<>  treason  of  the  world  may  be 
hatched  and  «>ari'ie<l  on. 

**  Thesrnitnri:  was  acTordingly  cx*»ented  in 
llie  aiiimoou  ;  sj  lliat  thrre  was  not  above  live  I 
hours  Ik'Iu cm  hi:<  senteneraiid  his  death,  whieli 
vtus  iiineh  eonipluuu'd  of;  nut  titu  holy  ilays 
of  /uile  approaching,  they  would  not*  de!av 
liim  till  they  were  ended  ;  and  their  reputation 
iu  diseovering  this  Nrols  pU»t  was  miieh  eon- 
<vnit'd  iu  tiu.lin:;  him  guilty  of  it ;  for  if  that 
liatl  iniscarrieil,  it  would  have  maile  the  people 
believe  it  was  but  a  sham  foi-ged  plot.  His 
iMttfryiDg  Johnstou  of  Warrisum's  daughter 


putting  his  correspondents  here,  and  tbeir  a«M»« 
ciates,  in  readincM  to  assist  the  late  eaii  of  Ar« 
gy]e ;  and  after  the  said  Mr.  Baillic  bad  eii«. 
gaged  many  of  his  countrymen  in  Englaiul,  snd 
had  assureti  his  correspondents  here,  that  the 
English  were  resolved   to  seclude  bis  royal 

first  alienated  his  mind  from  the  government  ^ 
then  he  having  rescued  his  brother-in-law  Mr. 
James  Kirkton,.an  outed  minister,  from  caotaiB 
Carstairs,  by  drawing  his  sword,  he  was  filled 
in  1000/.  sterling,  and  imprisoueil  for  it ;  hot 
ke  got  his  fine  reiuitted.  The  banning  of 
discontents,  though  small,  vet  if  cherished,  will 
transcend  ail  bounds,  and  keep  no  messure.^^ 
Re  died  regretted  by  many,  and  with  much  le- 
soiution. 

<'  What  Carstairs  and  the  rest  bsTe  said,  is 
but  an  imperfect  narrative  ef  this  plot ;  for  tbcj 
have  concealed  many  circumstances  of  it,  sod 
told  no  more  than  what  was  squeezed  out  dT 
them  by  sneeial  interrogators,  torture,  and  fear 
of  more;  but  sober  persons  do  not  doubt  tha^ 
these  foolish  rash  thoughts  of  winding^  thcn- 
Kelves  into  the  government  were  in  their  headi^ 
though  a  thing  very  impracticahle.-^— Them 
were  sf}me  doubles  of  a  speech  he  had  wnttsn^ 
spread  ai\er  his  death,  with  the  matter  whereof 
our  statesmen  were  very  dispieased,  and  were 
willinijf  to  give  his  lady  his  four  quarteis  to 
bury,  if  she  could  sup^tress  and  bring  bi  sU  the 
copies  of  it,  that  it  might  not  fly  woed;yct 
others  tliought  this  was  the  high  way  to  asl 
curiosity  on  ed[^,  to  search  for  and  propale  ic 
But  the  reputation  of  our  governors  lay  deeply 
at  the  stake,  in  convincing  the  norm  of  ihs. 
tnuh  and  reality  of  this  plot  discovered  by 
them  ;  so  they  were  hugely  concerned  to  oC> 


viate  any  thin};  that  seemed  in  the  least  to  in* 
fringe,  invalidate,  or  take  off  the  credibiUty  of 
that  plot  iu  the  minds  of  the  people. 

'^  This  is  now  the  less  necessary,  seeing  bis 
trial  i.^  &inee  printed  by  order,  with  the  key  of 
tlie  plot,  and  an  account  of  the  late  discoveries 
and  deciphering  of  the  cousiiiracy  against  ths 
king,  compiled  by  Tarbct  Clerk- register:  but 
this  abbreviate  of  his  trial  was  wntlen  by  mc 
Ijcfore  the  trial  was  given  in  to  the  press. 

'*  Eodtm  die.  After  Jervisw  ood*s  execulioHi. 
the  pri%y  council  met,  and  conveened  belbrs 
tlictu  eleven  of  the  Cli'iesdale  gcntlennen,  moa- 
tioned  4th  Decemlter  current,  vi^.  Bannsn- 
tyn(;  of  Cnrehouse,  Stewart  of  Allantmi,  8lewait 
of  \\  at  wood  his  brother,  Kennedy  of  Cloibunii 
Hamilton  of  llalcraig.  ilaiuilton  fok'  Overton, 
Jauu>s  Vonng  of  Linbank,  Chamberlain  of 
Kvandale,  S:c.  The  libel  was  for  their  acOM-. 
sion  to  I'entland-hill,  or  Bothwel-bridge  rebel- 
lions, or  their  resetting  such  as  were  there,  or 
contributing  money  for  reliels,  or  harbouring. 
non-con(briuist  mmisters,  who  preached  or 
pra}  cd  in  their  houses  ;  or  sending  money  t 
Ai^r^te,  or  refusing  to  take  the  oalhs  of  alh 
giuiiee  and  supremacy,  ^c  The  king's  atfm*  * 
cale  having  declared,  that  he  restricted  the  lihol 
to  an  nrbitrarv  punishment,  he  referred  it  i^ 
their  oatlis;  wheregn  they  having  di^fwnid,  «p4 


Itl&  IT.  lfiS4.-*:/i>r  Bigk  Tru^n.  [t 


frtm  hi*  d4*«  rigHl  of  stiecessin, 
eOfirt^  tb«iii  to  or>f\ntr  in  tbc 
a«ld  t3idii4H<»n.  tif^  flc^rtotbat 
be  ^tl   {lartkularly   natl  riocsly 
mih    Mr.    Hotiert  Fergriaoo,   ur 
"^    ~  '    It   dolooci    Hutnsej,    and 
wore  t^ctfmory  to  thut 
'  tile  canmpirjiovT  wliirli  was  de- 
Ltlie  MMrreO  lUe  *>t    bis  mujexty, 

?«ir  vii^  --* '  ^-^^ '  '.:^  ^it 

nights  liftt 


w 

VTitWQ«i|  wfti,  anfl 

E 

wionieRrr'  Uklli  thr  1 

^,  - 

M 

.)r>;, 

»»*t 

,  fur 

wlio  were  to  nw  iti  urn) a 
I  ai«|€«ty,  tnil  tor  exclasion  of 
1  Ilf94k«rt  151]  uf  yoaccalio^  anU  jiol 
^  the  acnodiftfi  stnd  prujiOjcoU  of  others 


^row   be   has  com* 
*^  erymes  o4'  high- 


11  y  courittU,  tor  )«ii 
t  till-  "     ^ 


•y*f  AtJv  uAit  and 

I  Ul«  lont  \  's   most 

■1  fn- 

PTdiH  "VTr  HoIf*    1  ,.'  fif 

uorfiiUowfl.     Kiliii- 

'»f  D«?c<?m1jcrj  one 

>  V   four  y(*Htn: 

>  V  council  do 
':  '  .        '  -ty»s 

Hla  do  hcrt'bv 

.   TA»<LkIi;irt  of 

inU  Mr   J  ,  to 

Ittttmst  ia  I.  hifl 

uiiiil  the 

iolt;  upou 

uzw  €»rito«h- 

.it. 

I^v  LfifDitmrt  J  fir)  %iT  John  LijLuder, 


Mr, 

3L.  l^:   .^„i  L,...-,  aa^ 


ity\  urif  V 


their  fa* 


lilt  lDQ|C*»49C^^«m»Hc  •nffMPpmacy,  they 

«l|ll,6Uiii>Lri  »i»» 

M  of  ibciti  in  iA^f^jM  ritriii%  iiqci  oiiur^  in 
■pImi  i«4  two  irf'  thrai  i«^t  tn  the  pluo- 
IfliifeB  amir  fiao ;  liwi  ill  «f  tb«Bl  «i»  iitf 


hiir^lK  lh«  ti»eiitjMhird  of  Deeerober, , 

thouKAtid  sbt  hunclred  and  vig-hly-fiiiir  y«Ami 
the  lords  of  hb  majesty  *s  jinvy  council  tiafii  _ 
considered  ane  address  made  to  thi'tTii  by  M^i 
Robert  Bailiie  of  Jtrviiitttjod,  now  mtiited  at] 
the  ini?tance  of  his  majesty's  advocat,  befonfl 
thf  lord^  commissioners  oi  justiciajyi  oftrea^f 
.soii^  do  hereby  require  and  command  sir  Pa 
trick  Hume,  Mr.  Walter  Pnngle,  ^h  J  nine 
Oiabum,  iMr,  William  Fletcher,  Mr*  Jame 
Falconer,  Mr,  William  Bailiie,  advocats* 
^■'^"'^uk,  compear,  and  debate  for  the  )*etjtioner|n 
f  process  of  treason,  mentioned  in  bia  ad« 
s,  without  any  hazard,  as  they  will  l*e  an*! 
Kivcrable  at  their  peril.  Exiraet  by  me, 
6'*c  tubicnbitur^  William  Paterson,  C.  S,  { 

AiWr  reading  of  the  Inditement,  the  lord  j« 
tice  general  required  the  paiinal  to  mak?  aoiwe 
thereto. 

The  »aid  Mr.  Robert  Bailiie,  pumal,  pie 
Not  Guilty. 

Mr.  Walter  Pringk,  advocat,  as  procnrmti 
for  the  said  Mr,  Rd>ert  Bailiie  of  J<n-visvrood 
Pannal^  alleadg-ei»  that  be  ought  not  to  paia  I 
the  knowledge  of  an  assize  4  because  he 
not  gfot  a  citation  upon  fy4'ke«n  days,  or  at  le 
on  a  competent  time,  which  b  usual,  and 
solutely  nec*e8»ary  in  all  af^ons,  and  muc 
rnore  m  crimioal  pursuits,  especially,  seeing 
if  a  competent  time  be  not  allowed  to  the  pBB^ 
nal«  he  is  precludit  of  the  benefit  of  an  excul 
pation,  without  which  he  cannot  prove  his  ob 
jectious  agaiust  witnesses,  or  assy^ers,  or  lAj 
otjier  Ic^al  or  com{>etent  defences ;  and  by  1^ 
late  act  of  parliament  ooiioemionf  the  juslkoi'" 
courts  all  panuals  are  allowed  to  raise  firecepta 
of  exculpation,  and  tbereupoo  tocite  witnea^t 
for  proving  the  objections  araiEiit  witoesMS, 
and  as«y£ers,  wbicli  oecessaruy  precappoietl^. 
tliu.t  a  competent  time  mtist  ws  allowea  to  ib|| 
piinnal  to  execiit  his  diligence,  or  othanrii 
Low  IB  it  possible  l»e  c40   prove  a  defence  oC 
aUbiy  or  any  other  just  defence  ?  And  a,'^  this  it 
most  consonant  to  that  clear  act  of  pariiaroeut, 
and  to  material  justice,  and  lu  the  rules  of  bu* 
MiHoity ;  60  this  point  has  brcft  already  fuU| 
and  ouim  decided,  and  lately  in  the  case  of  on 
Robcrt^n*  in  July  1673,  iuv  tnslftDOe  1 
is  given  by  his  maWs^ty's  advocat  in  his  book 
ut  crtiHinals,  nml  title  oi  libelsi,  where  the  tordf 
found,  that  albeit  Robertson  got  his  indiicmetil 
in  prison,  yet  he  behoved  to  get  it  upon  fyf* 
teen  days. 

His  MujetifM  Advotai  oppoos  this  eoMtaat 
tract  of  deoisiona,  whereby  it  is  fbund,  that  t 
penmi  tucareer&ted  may  be  tried  u]ion  tw  ««lv 
four  hours  ;  and  ibe  late  act  nf  parliamejnt  m 
otdy  in  the  caite  where  ^  summons  or  hbel  ts  10 
be  raised  ;  but  here  there  is  no  Lbel  or  sum- 
mons, but  only  an  loditttment ;  nor  was  ani 
e>tculpation  sought  io  this  case,  bi-fort  lliclria 
%^  hich  IS  the  case  provided  fbr  by  act  of  |iarij 
mcnt, 

Thft  1orda»Jtislic0  GcacralylitftictC&irkvi 


I 
I 

I 


I 

I 

L 


867]  STATE  TRIALS^  9^6ChARtKs  TL  \€%%^Triai  of  Baim  €f  Jmiwmood,  [fi 


HI  n&pect  the  pannal  ia  a  prisoner,  and  that  it 
bu  been  the  constant  custom  of  the  courti,  and 
thit  t^ie  pniinal  mude  uo  former  applicmtion  for 
«a  escuJpaiioiu 

Sir  Patrick  Humt  for  the  pfuinal  allaadgpes 
(always  denying  the  liM,  and  whote  members 
«nd  fjunJiticiilions  thereof,)  ibat  m  so  far  &a  the 
libel  t&  founded  u(»oti  haj'iKiuruig,  maint&iningi 
mud  iuterooaiutunuiii  vtith  the  [>ersons  men^ 
tioned  in  the  dittay,  tlie  juiunal  ought  to  he 
Assoyl/ied,  because  it  is  ret  hacttnut  judkata^ 
he  h»ving  been  formerly  nutsued  before  the 
fords  of  his  maie&ly*s  pnvy  coiiocil  for  tlie 
nme  crimes,  and  fined  in  a  considcriib!e  sum  ; 
mud  therefore  tliat  crime  cannot  now  1>e  made 
use  of  as  a  ground  of  Ireasoa  against  the  pan- 

His  M«^€$tf/*s  Adtocai  atiswen,  that  lie  re- 
stricts his  hl>e}  to  the  pannars  entering  in  a 
conspiracy  for  raining^  rebellion,  and  for  pro- 
curing^ money  to  he  sent  to  the  late  eari  ot  Ar- 
gyle,  for  carryiog  on  the  said  rebelhon  ;  and 
tor  concealing^  and  not  reveahng^ ;  neither  of 
which  Is  referred  to  his  oath  ;  and  cooseauently 
was  not  rci  judicata^  there  being  nothmg  re- 
ferred to  liis  oath  ;  but  his  converse  and  cor* 
responds  nee  with  some  ritioiiiters,  nad  others 
witmn  the  kingdom,  and  his  oun  gardiner,  and 
his  writing  letters  to  my  lord  Argryle ;  and  op- 
|»on«  the  decmet  of  couiicn  itscif,  and  restricts 
Ihe  libel  to  all  the  crimes  nut  iii>>isted  on  in  tlie 
decreet. 

Sir  Fatrkk  JIttmt  replies,  That  ms  tn  tlie 
corresponding  with  the  kte  f^rl  of  Argyle  nt 
any  timr  since  his  forlaulhire,  wa«  expre<«sly 
|iix>pofied  as  an  interro'^aivir  to  tiic  pannaf  inth^l 
lyufsiiit,  at  his  mnje^t>  *s  advocnt's  inftiance 
again M  hini,  before  ttie  K»rds  of  his  majesty's 
privy  couneil,  and  that  nut  <mly  hi<i  own  cor- 
r0»nondeno^  by  him?i«lf,  but  also  by  major 
Holms,  Mr.  Carstares,  llobcrt  West,  'Thomas 
Bhepherd)  Richard  Humbold,andci>lonel  Rum* 
aey»  as  the  interrogator  liears^  as  appt  ar^  hy  a 
double  of  the  act  of  council  written  by  the 
cierk  of  councils  8cr?antj  and  is  offered, to  be 
proven  hy  my  lord  mdvocat/s  oath :  and  ua  to 
any  correspondency  with  Mr.  Veitch*  it  is  not 
relevant,  sjncc  He  was  not  declari-d  refeel. 

Sir  Jofm  Jjaitder  for  bi«  majesty's  interest, 
answers,  tliat  he  oppons  the  decreet  of  priry' 
council)  where  no  such  interrogator  was  put  to 
the  pannal ;  and  the  dti^eet  must  make  more 
iaitif  than  any  pretended  scroll,  and  cannot  lie 
taken  mway  bv  b"  —  ty's  advocates  oath, 
to  bis  majesty ^b  and  for  Mr.  WiU 

limsn  Veitch,  he  ..^., ..,  v  ^^ressly  forfenlt  in 
Inno  166r,  and  the  doom  of  fortmoUure  is 
jmtilied  in  the  parhameot  1669, 

f^Pdtrick  tiumt  oppons  the  reply.  That 
ma  to  the  corretpouding  with  Mr.  Veitch,  it 
does  not  appear  that  he  is  the  person  men- 
tioned in  the  act  of  parliament ;  and  albeit  he 
were,  a^ he  is  not,  behaving  tlirreuHer  come 
borne  to  Scotland,  all  the  pimi^hinent  inflicted 
upon  him  was  baiiiibtoeDt,  not  to  return  under 


the  paio  of  death « which  did  tmfce^anj  I 
punishment ;  and  it  wa<t  tio  crime  in  mti 
son  to  interconmiune  with  luro, 
another  kingdom  ;  and  by^  the  Imte  m 
cilin  Anno  16&3i  even  the  coavenmf^l 
tercommuning   with  declnred  tmttors, 
sliicted  to  an  arbitrary  punish  rnetif. 

His  ^VajettyU  Advocat  options  the  __^__ 
doom  of  forfaulture  against  Vedtcht  and 
proclatuation^  or  act  otcoyocii  itrndf* 

The  lords,  justice  gfneral,  jintiee  clerk,  and 

^mmissionem  of  jiitticiary,  haviog  cwui- 
dered  the  hbel  pursued  by  his  majesty**  sH* 
rocat,  agiatnst  Mr.  Robert  Bmillie  of 'jernt- 
wood,  with  my  lord  Advocmt*s  dF^Uratj^n, 
whereby  he  restricts  the  siime  to  ib 
not  inststeil  on  in  the  decreet  of  en; 
merly  pronounced  against  the  pamvui ;  v.\zy 
tind  the  same  relevant  a«  it  is  restricted*  to  mfrr 
ilie  imtn  of  treason,  and  remits  the  9am«  to  tW 
knowledge  of  the  assize,  and  repek  the  rcfii- 
nant  defences  projioncd  fur  the  i  ;»nn:il  in  rr- 
spect  of  the  d<x'reet  of  council  |  i  *iif* 

ingnosuch  thing  as  is  aUedgeo ,  m^  in- 

swem  ituide  by  his  tnaj€sty^»  mdvocat  tbomta. 

Assisji. 

The  earl  of  Si  rath  more. 

The  earl  of  Belca.rras. 

^ir  George  8kecn,  provoift  of  AberdecDr 

Sir  Jame«  H<  ming,  Imle  pttivoa  of  Ma- 

hur*jh. 
Sir  John  Ramsay,  of  Whitchill, 
Adam  ITopburn,  of  Humby. 
Andrew  Uruce,  of  KarlcshalL 
John  Stuart,  tutor  of  Alpiu. 
Al.        V    Miln,ofCarnn. 
M  I  i  es ,  of  Steu h opmiloi. 

Sit  IT  II1I.1UI  Orummoiid,  ot  I]aItliomdcD« 
Major  Andrew  White,  lieutenant  of  Edia- 

hnrgh  Ca^le, 
Mr.  David  GnUiam,  ^herifTof  Wigiomi. 
Colin  Mnckcnjtie,  collector  of  llo&s. 
David  Btirnet,  mcrehmnt. 

The  a^fti^e  Uwftijly  fwom,  no  ottjeetAoa  of 
the  law  in  the  contrary. 

Uis  Majcit^fi  Advocat  for  pmbntioo  ad- 
duced  the  witnesses  and  writs  aforcmcutiaued  ; 
and  first, 

Walter  earlof  Tarra*. 

Sir  Patrick  Hutne  tirocurator  rjail, 

objeusagtimsttheearlofTarrav  <  vcuiol 

be  a  witness,  because  he  fs  *■  sOcii^^  et  ^niaefii 
'  eriminis  •/  and  it  is  clear  b^  tli«  5*  dttp. 
Stat.  2y  Rob.  1|  conoenung  ihe^  '  '  a* 
eluded  from  bc^ring^  of  tcatimoi  i 

*  et  Participes  ejusdem  erimiriiRt   vf  i 

*  rati  ct  1  iuculati/  cannot  bear 
also,  the  earl  n(  Tarras  being 
an  indttementofhigh  treamio,  and  MiUmt- 
impressions  of  fear,  and  death,  no 
his  circumstances  can  be  adttslaila  i 
is  not  onJy  dear  from  the  fbrcaaid  i 
from  the  cotmnoD  law* 


#69]  STATE  TRIALS,  36  CHAtLw  II.  i6H,-/ur  High  TTwm. 

His  ]^Lu€$i^*s  Advacut  «nsw4^ni,  TUak  it  is 
ftQ  exception  froui  that  rule,  bolb  by  ilie  corii- 
iDc»n  ta^,  atul  oa^,  drat  in  tbe  crmie  of  lese 
nii^it^ti'^     >M*1  especially  tbai  brancb  thereof 


[67i 


tt  a  e^nspii-acy,  ^  socjus  cnniiniii 
tniL^  ities.'s,  aauivhicb  isiiititMlueed  very 

teasaniiblv  by  Uivyers  to  »ecuTe  the  Cf>mmQu 
interest t  ol  matikiud,  wbich  m  the  chief  of  all 
interests  ;  and  because  con«piracics  eaQuot  be 
4»t2ierways  proved,  and  not  to  allow  this  tu»uuer 
of  probatijou,  were  to  allow  trcasoit,  since  no 
inan  can  prove  a  plot,  but  be  that  is  upoa  it  i 
iwd  how  CAu  ^  man  object  against  biin  as  a 
Hitncsfr,  wboiD  bim^idf  trusted  \iitli  bis  life, 
bk  f '♦"- '  and  tbeir  common  plot?  Nor  is 
^t  (»f  tbe  libel  aoy  stronger  qualili- 

catj;,.,,  ..i,^^  c^cry  man  ibat  is  *  s<)cius  crirni- 
t  tiis,*  is  under  tiie  saine  impression,  sad  it 
frould  rather  j>eeni  the  g^reater  snd  n^rer  an* 
pn  '  J  tiiAQ  bos  of  demtb,  he  will  be  tlie 

TDoi  :\Qd  faithful ;  nor  bajs  the  earl  of 

Tsrraji,  nor  did  he  ever  teek  any  ML'Curity,-  in 
Cider  to  his  depaninif.  And  this  has  been 
oonstantly/and  latliei  coQform  to  the  common 
Uw,  IS  may  be  seen  in  the  hundreds  of  cita- 
tiooa  set  dofrn  by  Moseard,  tie  ProbiUiouibus, 
tot.  4»  concluf .  1318,  Num.  21,  and  ihfc  wm- 
tnry^  citAlions  pi-ove  only,  that  regularly 
*■  sovtus  cri minis'  cannot  be  a  witness. 

Sir  Fatrkk  Hume  replies,  That  the  statutes 
of  Robert  the  ikai  is  opponed^  and  *  non  est 
'  dWogiiendutn,  ubi  lex  oon  ilistiujj^uit  ;*  sod 
HOC  only  ^9»  be  '  socius  criminus,*  %vlnch  is 
idEaowkd^etl,  but  he  is  '  inrarceratus,*  and 
lyioff  under  an  inditemcnt  of  high  treason,  and 
ffWtlirowD  himself  on  the  king'^i  mercy ;  and 
it  is  not  proper  be  should  be  a  Vitness,  seeing 
lie  a  in  uie  king's  inercy,  who  may  gi?«  him 
ilis  life,  or  not ;  and  there  was  never  a  person 
ill  tkete  circumstaiaccs  that  ever  wus  admitted 
%  witneas, 

Hr,  Walter  Pringte  adds,  That  the  earl  of 
Tims  is  not  only  in  thecase^f  a  person  who 
4i»ml«  iudited  for  hig-h  treaaou  ;  but  must  Im 
looked  upon  as  a  pin-son  condemned  for  the  said 
Ctinie,  ieetngf  be  fully  and  amply  coiifesl  the 
CfInK  ;  *  H  confess U!i  habetur  pro  convicto,' 
and  nerer  any  lawyer  as<«erted,  That  *  dam- 
*  aftMs  criroiuis  licsfE  Majeitatis'  could  be  ad- 
miCl^d  as  a  witness ;  and  there  is  nofhini^'  miire 
cleir,  ih&Ji  tlu^t  by  the  common  law,  artd  the 
kw  of  all  nations,'  ihin  objection  ought  to  be 
ciMtained  ;  for  tlM*  civil  1»w  is  clear,  h^,  11, 
«od.  de  teitibus,  and  ftlatheus  in  liis  title,  de 
Ptobationtbus,  cap.  de  Tevtibus,  doth  assert 
posittvlie,  that  the  cry  me  of  lese  rnajeslie, 
llimie,  and  generally  all  tl»e»e  erymes,  *  qu«e 
I  non  possunt  facile  adnVitli/  are  not 
epted.  And  lie  asstfrtii,  timt  the  lawyers, 
?iz.  liatnesiuji  a4«d  l>eciunu«,  who  are  of 
AAotiier  opinion^  do  sckouvvlfdfcrv^  *  nominatum 
■  4  f«odaainandum  non  es^^r  '  -^  '^  tt  they 
coitfimrcri  oci))/ ,  '  An  nominu :  i diciuin 

^■fideas  ad  toT^neudum  mi,..,..,....,. 

^Hbr  Oem-gc  Loikhari  n pests,  and  Oupons 
Vu3W«r,  md  Kli«  cryme  hk^,  botog  « 


cotispiralioo  of  treason ^  which  of  its  oim  iia« 
ture  is  roaaaged  and  carried  on  by  sccrecio 
and  contrivance  ;  and  which  is  only  knowo  to 
the  complices  of  the  treason,  and  which  cannot 
be  committed  *  sine  sociis.'  The  UW%  of  this 
kingdom,  and  of  all  nations,  do  allow  *  socio« 
*■  crimiots'  to  be  *  testes  habiles  ;*  and  not  only 
are  they  admitted  in  the  case  of  such  conjura- 
tions, but  generally  *■  in  omnibus  crtminibua 

*  exceptis,'  amongst  which  the  crime  of  Per- 
duellion,  and  lese  majestic  in  the  chief ;  and  it 
is  absc^utely  impossible,  that  plot^  and  coa* 
spiraiions  of  treason  can  be  otberways  proven^ 
than  *  per  socios/  and  such  as  are  '  participes 
*■  criminis,^  and  which  is  the  common  orjinioa 
of  all  lawyers,  as  may  appear  by  Farin.  Quoest. 
45,  and  the  authorities  cited  by  him,  and  which 
is  iJie  iuvialable  practi«[ueof  tbiskmgJom  :  and 
as  to  that  pirelence,  that  the  earl  ot  Tarras  it 
under  a  process  of  treason,  and  has  submitted 
to  his  majesty's  mercy,  and  that  *  confessus 
*"  habetur  pro  convicto,*  it  imports  nothing,  and 
infers  no  more  than  that  be  is  *  sod  us  cn- 

*  minis,^  and  is  still  a  habll  witness  -,  as  to  con- 
juratiou  of  treason,  *  socius  criminis  hoc  ipso^' 
that  it  is  acknowledged,  or  proven,  beiug  still 
under  the  hazard  ol  process,  or  condenmation, 
which  law  regards  not  in  regard  of  the  secreci* 
involrefl  in  the  nature  of  the  crime,  th:*t  cither 
witnesses  *  nn^ue  actu,  mc^ue  liabilu/  can  bt 

firesent  ;  so  that  the  objection  amounts  to  no 
ess  than  tliat  ct/ujuratjons  of  treason  cnnnol 
at  all  l>c  proven  :  ajid  as  to  the  law  cited  from 
the  majestic,  it  importiino  more  than  that  th« 
objection  *  rttpfulariter  procedit,'  in  crimes^ 
which  of  their  own  nature  arc  not  *  perditiiciliv 

*  probariuni^/  and  are  not  *  inter  crtmina  ex- 

*  cepta,*  such  as  the  cryme  of  conspiracy  and 
treason  i*. 

Mr-  WtHmm  Tlrtcher  oppons  the  objection > 
ami  reply,  and  furtbir  adtk,  that  albtfii '  crimen 

*  K       **    "'tuiis'  be  reckoned  *  inter  crimina 

fid  so  Wax^  some  pri?ile^,  as  lo  th« 
riu..;...v.....  [J  of  witne?- '^  -  ^ -^t  it  cannot  bo 
(lenied,  but  there  are  -  'v>ds   compe- 

tent afiraiiist  wjtne:?^es  u  _  :.r  provln^con- 
!V]Hfacie«j  and  treason  ;  *  verbi  causa/  Siat  a 
witutss  is  a  capital  enemy,  or  that  he  is  *  sub 

*  potestate  accusatoris  ;*  and  the  objection  now 
pleaded,  being  taken  complexlie,  vix.  That  the 
earl  of  Taraas  is  not  only  <  socius  criminis/  but 
also,  that  he  is  '  puMico  judicio  reus,'  upon  th^ 
vame  crime,  and  that  as  means  to  proems  his 
lurijeily's  favour,  he  has  submitted  himself, 
and  come  in  his  mnjesty^s  roercy,  by  an  ac- 
knowledg-meot  of  the  cryroe.  before  the  diet  of 
citation,  he  is  obnovious  to  a  nKistjuslobjectioo^ 
viz.  That  he  is  ♦  sub  potestate,'  and  by  tbe 
submission  and  confession,  his  lile  and  estate  it 
now  in  his  majesty's  hand,  so  tliat  he  is  tiol 
only  in  the  case  of  a  *  reus  confess  us,'  but  in  tb« 
case  of  a  wiujtiis,  who  does  absolutely  depend 
upnn  fiis  rnajt5iiy*s  oilrocat,  tlie  pursuer  \  aad 
:i'  accuser  could  not  aaduce  hts  owci 
u ,   ..             be  witnesses,  because    they  ftc^ 

*  t^«i  d^untitid/  and  deptnd  upon  \im\  wi 


^IJ  STATE  TRIALS,  Sff  Charles  11.  ieSA^TVtalffBaUlktfJerntmooi,  [6TS 

IHr  1m  ougfht  a  witness  to  be  adduced,  wbo 
not  only  depends,  as  to  his  estate,  but.as  to  his 
life ;  and  the  law  gires  a  verv  good  reason,  snd 
which  is  mentioned  by  Paulus,  lib.  1.  recepta- 
nim  sententiaram^  cap.  12.  parag'.  ult.  in 
these  words,  <  De  se  coniessus  non  est  audien- 

*  dns  ut  testis,  ne  aiienam  salutem  in  dubium 
<  dedncat,  qui  de  sua  desperavit.*  And  as  to 
the  pretence  that  a  conjaration  is  a  crime  so  oc- 
cnlt,  that  it  must  either  be  proven  by  sach  wit- 
nesses, or  otherways  the  gnilty  person  will 
escape :  It  is  answered,  That  in  this  case,  his 
majesty's  advocat  had  an  easie  remedy,  for  lie 
might  have  pursued  the  pannal,  before  he 
pursued  the  witness;  and'  the  terror  and 
apprehension  of  the  event  of  a  process  for 
treason  cannot  be  constructed  otherways,  than 
to  have  influence  upon  the  deposition  of  the 
witaess :  and  as  to  the  ciution  out  of  Farina- 
eius,  it  is  only  in  the  case  of*  socius  criminis ;' 
but  when  he  comes  to  treat  de  teste  accusato 
vd  carcerato,  Quest.  56.  articulo  quarto,'  he 
says  *  Regula  sit  in  accusato,  oaod  is  pendente 

*  aocusatione  a  testimonio  repelUtur.'  And  by 
the  second  rule  of  the  same  article,  he  says,  it 
Is  a  principle  *  quod  caroeratus  testimonium 
'  fiarre  prouibetur  ;'  and  he  gives  this  reason, 

*  qnia  prsesumitur,  quod  falsum  testimonium 
'  dtcereCpro  aliauo,  qui  ei  prpmiserit  seliberare 
'  ft  Tinculo,'  ana  limits  this  rule,  that  he  must 
bt  <  caraeratus  propter  crimen.' 

Sir  Patrick  Humt  adds,  That  it  is  a  certain 
principle,  that  any  person  that  is  guilty '  in  • 

*  famia  juris,'  cannot  be  a  witness,  no  more 
tinn  a  person  tliat  is  convict  and  condemned  of 
treason,  and  if  he  were  coii\  let,  and  condemned 
•f  treason,  he  could  not  he  a  v.  itiicss,  even  in 
the  case  ott reason  -.  so  neither  can  the  earl  uf 
Tarras  in  this  case  bo  received  a  witness,  for  he, 
being  adduced  a  witnt.*ss  afVer  he  received  liis 
indictment,  and  confessed  the  crime,  i«i  equiva- 
lent, as  if  he  had  been  actually  convict ;  and 
whatever -may  be  pretended,  that  *  testi^s  in- 

"*  may  be  admitted  ;  vet  it  was  never  as- 


serted by  any  lawyei-,  that  a  person  convict 
of  treason  caii  be  admitted  a  witness. 

Nota,  That  the  earl  of  Tarras  deponed  oo- 
tbrn|r  a<2^ninst  Jerviswood,  but  what  the  other 
two  witnesses  deponed  Of^inst  himself  before 
the  trval,  aiid  npon  which  thereafirr  they  lie- 
iufi:  renewed,  tlic  earl  was  forefaulted,  so  that 
there  oould  be  no  ground  of  suspicion  from 
his  circumnanoes. 

The  Lords  repelled  the  olijection  asT^!"^  the 
toad  ot*T«nras,  and  ordain  him  to  be  received  a 
witness. 

IVuHcr  Eari  of  Torres^  ag^cd  forty  years, 
married,  purged,  andswom  ;  being- interrfigat, 
if  about  the  time  that  sir  John  Cftchran,  and 
commissar  Nopro  got  their  c<iiiiiniKsiun  from 

Sie  Carolina  company  for  London,  the  pannal, 
[r.  Uoliert  fiaillie  of  Jerviswood,  did  not  de- 
lire  the  de]KM)entto  speak  to  commissar  Nonro, 
to  try  if  he  could  ffet  him,  the  said  pannal, 
irt^id  to  Uutt  commiwioa,  depooet  sffirmative. 


Being  interrogat,  if  thenid  Jerriawood,  tht 
pannal,  did  not  tell  the  depitneut  that  he  wai 
resolved  to  go  to  London  however,  tipon  hii 
own  expenees,  and  that  his  and  their  going 
about  tJie  Carolina  business  was  bat  a  pretncr, 
and  a  blind  ;  but  that  the  true  design  was  ts 
push  forwani  the  people  of  Engfamd,  wbo  cooM 
do  nothing  but  talk,  to  go  more  effectually 
about  their  business,  depones  affiniDftti\'e.  De- 
pones, Tliat  the  pannal  did  settle  a  oorrespoiH 
dence  with  the  deponent,  whereby  be  was  to 
give  an  account  to  the  deponent,  of  what 
should  pass  betwixt  the  country  party  in  £»< 
land,  and  the  Scotsmen  there:  And  ontEe 
other  hand,  the  deponent  was  to  write  to  him 
what  occurred  here.  Depones,  That  the  paa- 
nal  did  say  to  the  deponent,  if  the  king  would 
suffer  the  parliament  of  Engkind  to  sit«  ud 
pass  the  bill  of  seclusion,  that  that  was  the 
only  way  to  secure  the  Proteatent  leligioB. 
Depones,  That  the  pannal  said  to  him,  Aat  thi 
king  might  be  induced  to  do  so,  if  the  pariia- 
ment  would  take  sharp  or  brisk  measures  with 
him,  or  the  like.  Depones,  These  words  were 
spoke  to  him  by  the  ]mnnal  since  the  hohlkf 
of  ilic  last  session  of  this  current  pariiamant ; 
and  before  the  |»annai  and  ooromisaar  Mono 
went  forliondon.  Depones,  That  after  lbs 
pannal  went  to  London,  he  did  give  At  dl|»- 
nent  an  account  by  letter,  that  things  wtie  ii 
great  disoider  there,  and  that  he  hoped  ihm 
would  be  eflcctual  coursea  taken  to  rancid 
them.  Depones,  That  Mr.  Robert  Maitin  dli 
come  to  Mr.  Pi  infj^e  of  Torwoodhe's  Umsm  m 
May  1683,  or  thereby,  and  broufbt  ft  letter  IS 
the  deponent's  lady  unsubscriM ;  hot  ibi 
dtjionent  knows  it  was  Jerviswood's  baq4- 
MTitiiiiT,  who  was  then  at  London,  and  tJMI 
Mr.  Martin  told  the  de|macht,  that  thio^  in 
England  were  in  great  disorder,  and  like  ta 
come  to  an  heinrht,  and  that  the  countiy  party 
M  ere  con&iderin«;f  on  methods  for  securimf  tlw 
Protestant  religion.  And  that  Archibald,  sose- 
time  earl  of  Aij.'yle,  was  to  get  10,OOoi(L  sttr^ 
ling,  uhcreas  fUUKX)/.  steriing  waa  sought  by 
the  Scotsmen  at  London,  whi« b  was  tobe sent 
over  to  HuUand  to  provido  arms ;  and  thattbt 
late  earl  of  Arg^le  was  to  land  with  these  a  ~ 
in  the  West-Ilis:hlands  of  Scotland,  aad  ! 
the  de|Kiiicnt's  triend,  Jerviswood  the 
was  to  he  sent  over  with  the  money.  DepOBMi 
That  Philiphaugh  and  he  went  to  GaUawaliidi' 
house,  M'ere  thcv  met  uith  Polwart  and  Ga^ 
lowshiHs,  and  tfiat  it  was  talked  amoo^  thoft 
there,  that  in  case  those  in  England  shoidd  rits 
in  arms,  tliat  it  was  necessary  in  that  case,  thrt 
so  many  as  could  be  got  on  tne  borders,  riwcM 
he  in  a  readiness  to  deal  with  stragglers,  vd 
sifixe  upon  horses,  and  that  thereafler  tbcy 
should  join  with  those  that  were  in  arma  ontM 
bonlers  of  England.  Depones,  That  in  ibec 
foresaid,  it  t^as^aid  it  was  convenient  ^  < 
of  Stirling,  Uemirk,  and  some  other  i 
should  be  seized  upon  ;  and  it  wai 
spukc  amongst  them,  that  some  perMwdMHU 
be  cmj>loyed,  to  Inquire  what  armil  WM  i^  f^  ' 
comtrey.    Depones,  Thtt  it  wa*  qpdft 


673] 


STATE  TRIALS,  36  Chahles  II.  l684.— /<;r  High  Treason.  \67i 


that  the  best  time  for  Argyle  was  to  land  in 
the  WHC,  vrhen  there  was  a  stnr  in  England 
•r  ScotfauMl,  or  wortis  to  that  puqtose.  De- 
paofs.  That  every  one  desire<i  another  to  speak 
It  aiicli  panicnlaf  tierson*<  as  the}'  cM>aM  trust, 
hj  lettii^f  a  word  fall  nidirectly  upon  supposi- 
tioD,  in  case  of  the  rising  in  England ,  concern- 
kg  the  affair  for  preparing  of  ttiein  :  and  that 
he  wast  tokl  by  Philiphaiiflrh  then-after,  that 
i  was  a  won]  and  si^i  to  he  uned  atnon^rst 
n,vix.  the  simn  was  by  loosin<^  a  button  on 
the  breast,  and  that  the  wonl  was,  *  harmony.' 
DepMies,  Ttie  psnnal  spoke  to  the  deponent,  to 
tdmtiKa  Tcirwoodhe,  that  he  might  acquaint 
Mr.  William  Veitch,  a  foHault  tray  tor.  wh<i  was 
ia  Northamberland,  that  he  might  keep  him- 
lelf  dose,  and  be  on  his  guard,  lest  he  should 
Ipcalcbed  ;  which  was  since  the  (mnnal  was 
prJMoaer  in  the  Tolbooth  of  Eflinburgh.  And 
Ah  is  the  truth,  as  we  shall  answer  to  God. 
Sk  Subteribitur,        Tarras. 

Ll.NLmiGOW,  I.  P.  ]). 

Aieronder  Monro  of  Bear- crofts,  ageil  forty- 
tie  years  or  thereby,  $olutfa^  solemnly  sworn 
airf  jpinved.  Depones,  that  the  earl  or  Tarras 
■Nfesed  to  the  denonent,  that  Jer«  iswood  might 
le  ■ade  one  of  the  commissioners  for  the  af- 
firaf  Caroliiia,  for  that  he  could  not  safely 
Mf  it  home ;  and  that  the  deponent's  answer 
%M|iHtt  lie  had  no  interest  mi  tlie  affair,  and 
not  be  a  commissioner.  Dqiones, 
pannal  dki  wait  for  the  fh'ponent  at 
;  and  did  go  alongst  with  him  to  Lon- 
dlB,  and  that  by  the  way  ne  hearti  him  negrate 
lii  own  hazard  and  others,  because  of  Hiack- 
amod^  sentence ;  and  that  he  heard  him  re- 

rs  the  hazard  our  laws,  and  liberties,  and 
froleftant  religion  were  in.  Depones, 
the  pannal  S|K>ke  to  the  deponent  and 
I,  OMfe  than  once  at  liondon,  fur  getting 
if  maney  Iroui  the  English,  to  be  sent  to  the 
iMi  cnri  of  Ang^ie,  lor  bringing  home  arms  for 
Ha  said  earl's  use,  as  be  understood,  for  c»r- 
ffiof  an  an  insurrection  and  rebellion  in  Scrot- 
fmi.    Depones,  That  at  the  time  liliellcfl.  in 


land,  and  that  the  commission  was  granted  to 
.llr.  Hobert  Martin,  by  all  the  persons  present, 
whereof  Jerviswood  was  one,  and  that  there 
were  pr«'s?M.t,  the  lo»-d  Metvil,  sir  John  Cock- 
mn,  CessnfK*ks  elder  and  younger,  Mr.  William 
(-nrstares,  Mr.  Wilham'  Witch,  Jerviswood, 
ami  the  deponent ;  and  flepones,  tli!  y  did  cvn* 
tribute  money  for  Mr.  Mtiriin's  journey.  De- 
pones, Ttiat  at  his  return,  he  meeting  witli^be 
dfponent,  told  liitn,  that  matters  were  in  tliA 
condition  in  8ootIanil,  and  that  tij«^  ronntroy 
wns  in  such  a  CfMidit ion,  fis  little  wt.tsld  kindiV 
the  fire  in  order  to  the  rebelli^m.  And  this  i.« 
the  truth  as  he  shall  answer  to  God. 

Sic  Stibscrihitur^     ALEXi\NDER  MoMio, 
LiNLrrHGOw,  I.  P.  D. 

James  Murray  of  Philiphangd,  aged  SO 
years,  married,  purged,  and  sworn,  prcdacea 
four  leavers  of  tlepositions,  emitted  by  him  be- 
fore the  lonls  of  the  Secret  Committee,  and  alt 
written  and  subscnbed  with  his  own  hand, 
which  being  publicly  read,  in  presence  of  the 
jostices  and  assize,  he  adheres  thereto,  in  ull 
points,  whereof  the  tenor  follows.  Upon  the 
day  of  May,  1683,  upon  a  letter  from 
Mr.  Pringrfe  of  I'orwoodlie,  I  came  to  his  house 
in  the  morning,  an<l  he  presently  led  me  to  a 
chamlier,  where  1  found  Mr.  Jtobert  Martin, 
wlui  ivas  lately  come  from  liOndon,  with  whoiu 
we  stayed  a  liule,  and  disc<iursed  of  the  news, 
and  alAmt  the  nresent  condition  and  temper  of 
England,  and  m  particular  of  I^ndon,  which 
Mr.  Martin  said,  was  much  irritated  through 
Sfime  attempts  uiion  their  privilrg^*  either  as 
to  the  c<»ncern  ot  the  shf  riffs,  or  their  charter, 
but  flint  all  honest  luon  were  of  good  heart  and 
verv  hrisk  ;  and  after  some  genemi  disi-onrses 
to  this  pur^Mtse,  Torwoodlic  and  I  kt\  him  and 
walked  out  a  litllr,  and  he  told  me,  he  was  ex- 
pecting the  earl  of  Tarras  presently,  for  he  had 
sent  to  him  ;  ami  Mr.  Martin  hud  a  letter  t«» 
tiiui  front  Jerviswood  ;  then  he  told  me  that 
there  were  great  matters  in  agitation  at  Lon- 
ilon,  and  that  Mr.  Mailin  had  come  down  with 
a  c-oniniis.siun  from  our  friends  there  (I  do  not 
Icrtiswood's chamber  in  London,  Mr.  Uilliam  >  riineniber  ho  named  any,  hnt  that  1  behoved 
?(dMh,  a  fbrefault  traitor,  was  present;  and  |  not  to  expect  he  would  impart  his  instructions 
Ait  th  John  Cockran  did  at  thai  mretin'.'  ex-  j  to  ine,  for  he  was  to  communicate  them  only 
•itflly  speak  of  money  to  be  sent  to  .'^rgylc.  for  ;  to  Pol  wart  ami  himself,  at  h-ast  tbr  these  shires  i 
■lii|im^  home  arms  tor  invading  the  kint^dtiui  i  nod  they  wfre  to  fiitch  on  such  as  they  thought 
•fmitland ;  and  that  at  another  occasion  lu*  fit  to  intrust  with  the  affair ;  whe.reti|Km  lie 
Iswi  some  of  fheni  say.  That  there*  would  hu  •  assuroil  mo,  that  he  hud  grout  confidence  in 
t«Wy  tbonsand  men  in  h^cotland  who  would  me,  ami  hi:?  kindness  to  me  oblic^d  him  to  send 
Wka  the  rebellion,  and  that  he  heard  s:r  John 
fWlhan  awl  Jerviswood  s|K'aking  of  it,  but 
CHBOl  be  positire  which  of  thp  two  said  it. 
Bt^pOBeSfliiatat  the  meetiitg  he  heard  Jorvis- 
fNid  speak,  but  di<l  ui>t  hear  him  oppose  that 
iMtonMble  prop«»snl,  or  contriulict  the  ovei-ture  | 
pmuted  by  sir  John  Cockran.  Deimnes,  H'hat 
mt,  Wdben  Martin  wa«  sent  down  from  that 
'  whicfa  was  at  Jervis>«ood's  chanilHM-, 


for  iiiv.f  to  acquaint  me  that  matters  wei'e  iioiv 
come  to  a  crisis,  and  that  ho  had  reason  ti> 
think   Ku'^land  nould  shoillj  draw  to  arms, 
and  slan.i   by  them,  Hill  they  «cre  satisfied 
anoni  the  bill  of  exclusion,  and  what  other  se- 
curity I  hoy  could  proposi'  for  tin    protvstanl 
rclijrmn,  and  their  lil)ertu*s;  and  that  it  was  no 
I  pro|(H-t  of  nii\    incon^idt■rahlo  party,  but  a  do- 
I  si«rii  through'  the  kiniidoin,  and  that  ntany  uf 
II,  til  try  what  ihe  )Moplo  of  Scotland  |  the  tinwt  nion,  and  ot  tlio  !;ivutist  interest  ami 
~  r their  own  safely  ■    And  thtti  it  was  |  <*nHlit  xUnv,  had  adjustoil  almost  every  thing 
I  that  tlM>  [leople  of  S(*otlu!id  should  i  m'cessat\  i>m>  ih«  pur|Mts/,  a<td  had  concorfoj 
Idl'fte  'till  there  «hri>dd  hi  :\  usv\n  \n  Kng-     mattrrs  uith  our  frie:id»thcr(*,  in onler  to  con- 


679^}  STATE  TRIALS,  36  CnARi.Bstl.  i6S4.^TrMl  qf  Baimf  of  Jenbwaed,  IfftQi 


I 


•nrreiB  fttint  tliis,  anil  Itatl  af^rccd  H  Ailrancc 
money  fov  fiiriii*bing  &rrn»  htre  (I  do  n*>t  n - 
iueojtit;!-  lie  tuJd   me  niore   pArticiilars  at  (I us 
time);  but  snid,  Polwarl  uould  1h>  at  iialluvv- 
sbieU  that  night,  mud  it  would  he  iitct^sai  v 
that  the  «arl  of  Taunts  and  I  !»houU  tunlVr  w\i\\ 
bini  fully  on  the  businefi^i.     Alnitit  this  timt* 
ihe  earl  of  Tamis   lig;ht«^l,  ami  Torwoodhe 
having  left  us  for  a  littic  titu<»,  being"  iroiie  to 
tyriu^  Mr.  Martio,  the  eai-l  of  Tnrras  asked  mc^ 
what  ntwi  f  I  toid  him  of  Mr.  Alarttn*^  bcii><$ 
tberei  hut  that  bo  had  given  mc  no  accouoL  of 
the  4lesif;n  of  his  down  -  com  iiiq^,  tvhich  perhaps 
lie  wouhJ  acquaint  him  )vith,  but  by  ivhat  1  had 
Iteard  from  Tor»oodlic,  I  understcxKl  it  to  W> 
to  cngadtTf  «s  to  rist  in  arms  <khaiily  ;  t^beriat 
the  c»rl  ut  '('arras  hiiuimed,  and  J^aid  he  would 
look  ertj   be  leapt  such  a  Ipap,  or  some  such 
expixs«ions,     Pre^emly  Mt.  Martin  came  and 
Uie  €arl  of  Tarras,  and  he  retired  a  little  after 
the  reading  a  letter  be  e^nve  him,  the  contents 
ii'hereof  was  (as  the  earl  ol'  Tarras  informed 
aie)  only  an  orrlor  fiom  Jervii^uoiKl  to  deb%'cr 
aome  nvjiiey  to  the  bearer,  which  be  had  left 
witli  him,  and  tht?  earl  of  Tarrns  t^alli**!  for  his 
tervant,  and  bad  him  bring-  up  the  mone\'.     in 
the  mean  time,  Torwoodhe  ;ij<krd  mc,  it"^  I  bad 
ttciiuttinted  the  *^rl  ol  Tanus  with  what  ht 
spoke  to  me,  and  I  told  bini,  1   had  let  »«mc- 
tbing  of  it  iall  to  him,  Uiii  it  ^as  not  to  im 
tl>(>ui<ht,  thai  p<;rFans  of   stoHc  and  qnaliiy  ! 
wimid  eng-adfifo  m  sucli  desijini*  at  random  ;  *ii» 
Torv*o<ulhe    t»aid,    tlinl    iihongh    IMr.    Blirtrn 
would  not  commune  wiili  us  upon  bisconimis- 
aioo  dirn  tfy)  yet  he  ihoiij^ht  it  would  lie  lit 
we  conferred,  and  without  taking  notice  of  his 
commission,  discoursed  of  tbtngn  upon  sup|io- 
aitions,  and  a«  our  own  pri\Tite  notions,  ahstracl 
iirom   any  prospect  of  a  present  desijnj.     So 
a4\er  dinner  wc  four  went  to  a  chamber*  and 
a*^r  aome  general  discourses  of  the  discontents 
of  Urth  kingdoms,  these  snpp<i«iitions  fullowini;' 
were  discounied  (and  a*  I  rcniembt*r  Mr,  l^lar- 
Itii  startetl  ihcpi  all,  or  ihennisi  part),  vix.  What 
iftlie  counirey  party  in  En;^lftnd  should  have 
thou|ii;^ht<i  of  goiuf(  to  arms*  (rvhereof  be  knew 
not! ling,  but  only  snppuseil  jtuch  a  thin ^,  for 
discoursing  a  little  freely,  iind  to  know  our 
acnlitrieat5,  whalwc  thon-hiconUl  he«xpccteil 
itwre  in  auoh  a  cai*c)»  would  it  not  be  expedient 
to  have  a  settled  correspondenoc  l>ttwixt  tlmt 
party  there  and   here?  and  nti'^Mit  not  ntaUers 
W  soadjustetl,  Ihatlx^th  kmtrdoms  should  draw 
out  in  one  day  i'    and   might  not  as  numv  be 
ex-p*:cie<l    to    umlertake  in  these  shire!»/iind 
about  Edinhurt^h,  MS  would  serve  to  snrpnse, 
andsoixeour  rulers  {[  do  not  retnember  any 
iMnn^d,  but  the  then  cliaucelior  and  trea*^urcr), 
•Oil  MMne  to  join  with  these  on  the  ]  nulish 
borders,  to  aMsIht  them  lo  surpri:>e  IJorwick^* 
*ndtffor  that  elfeot,  any  fiorHf  ordra^fions, 
thatsliould  be  in  the  iK>uud2»  nn^fht  not  he  mu 
priced,  ihat   their 4ion»e  and  ovms  mij^'lii  be 
Ifoll^n  to  furnifih  the   countrey    j>eouk%  and 
8tifltn|^  Castle  I*  rind  if  Arsfvle  should  at  the 
mote  lime  hmd  in  the  Wcsi^  and  raise  that 
cvuntrey,  wotdd  not  tbeae  uetsures  cotartbule 


much  to  the  adrai^oement  tmd  aectir 

mtcrcst  of  that  party,  here  linrr  -• 
govtrnmeni  mouJJ  uc  djsord«  i 
steps  would  eucouiii(;:c  all  that  ! 
tion  to  the  countrey-purty*  to 
|i;^iil  K  Am\  M-nr  many  of  ihern 
in,  and  ^o  they  mi^rl 
t*   ,  iM  aU   places?  and   iit^-, 

ex  peeled,  Ihrie  \V(niId  be  ax  many  in  this  kiaif- 
dom,  as  w  ouid  l»e  able  li>  deal  w  ith  the  lor© 
here,  at  least  divert  them  from  iroa 
England  ?  Thiji »» the  ^m,  us  I  rei ttenib 
what  was^  proposed  aiul  dieioour^ed  uf, 
I  cannot  disilinctly  say,  it  was  in  thi«  metb» 
and  expitiision,  nor  was  n'l 
droppetl  now  anil  then«  as  < 
tff     j  ^  to  it;    «nd  tln-u^u    ii.uin.^l 

I  I  I  hill  %vas»  s[»okc  on  thc^s^e  beacU,  aud 

Uii  t.i^M.iijily  what  tbiii  and  tiiat  umn  S9iid«  vd 
I    reiucmlHn'  the&e    fullowinj^    answers  *»«< 
fl^iren,   and    (»s    I  jndgeii)   acijuiescwi    to  ly 
the   whidi*  coropanv  ;    ami    ihcy    were  cer- 
tainly the   earl   of'^i;»rrai«  his  i»entiimtJt]i  Titid 
Tnii>e;  and  every  one  that  ^pokc,    used  this  <^r 
f$ome    <iucb    prt'cnniionf    that    if   they    ware 
conciiiieil,  nr  lo  give   counsel  in   ikuy  sncb 
eauie(asiluy   were  not,  \c.)     1-  .^?*  todw 
settling;  a  correiipondence,   it  was  c 
be  very  cim^t^nieot  for  those  of  a  co 
tere%t,*but  the  preic'ut  liicum^l 
were  such  (a^  we  tliouifbt)  Ibi*-  ^ 

found   hen\   who   wui*  Ht  to  i. 
would  undertake  it.     2,  As  to 
rhc  s«me  time  it  ronhl  not  be  ib 
divulging"   the   dotign  to   all  i 
which  none  would  undertake,  «        ^ 
ready  m  desperate  cirrumstanccjs ;    and  t!bc^ 
CiHdd  not  have  generally  much  iufliKiir^*.  .'S^'il 
thing  wasi  not  at  all  udvmubtefnr 
since  if  any  of  England  *fi  own  nv 
ried  they  would  not  stir  for  any  sucii 
the  !»pring  id  their  motions  bein«f  t»Iw  ^ 
don,  there  might  happen  au  im 
the  appointment,  whereofthest- 
no  titneiMis  notiee,a«d  iso  rnigni  k*  rp 
whereby  they  would  be  eXfHJscd  a  t«^y«!| 
they  should  ^uh"i  *  -^^  *  ■- -      -  • — 
was  biirdly  pos^i 
employed,  are  t. ...'--     -■■    - 
ruly  principles,  that  if  once  th» 
in  Iheir  bands,  they  would  n< 
to  order,  without  a  tft'c^t^f  ♦'^ 
ihetn  ;  neither   would  any  e\i 
gyle's  landing  be   a  just  ground    ior  jsudh\ 
iryst,  considering'  the  uticcrtainty  of  sea^t 
ages;  and  if  Ai  gyle  were  to  b' 
doubtedly  man\  jieople  would  < 
were  to  no  suspected  ofprivat»r  dcxi^^mi, 
that  restoruig  him   might   lay   liim  aiadc: 
atw,  thai  dL"»pair  rui<(ht   blincf  hi^   iimu 
dence,  and  prompt  him  to  uu^olid  aod| 
gevtt^d  uH■*'•^"^■,  "*•-'  ■-'  ■'   ^•■^--  ''-  '■' 
that  lew  r 
special   ii- 
hardcircuin 

4,  As  to  th  j      i^  ,  ,  mi  , 

veigbcd  against^  Wi  an  acuou  oot  be  UitrngUt^ 
I 


STATE  TRl«-S,  36CnAntEi*  II-  ififii.— /<»■  High  Treagon,  [67t 


tutne^i  pciUslamU  (rs^»GriBHy  when  tlie  vei-y 


•ll 


rl< 


a  ft«  «u(  ll 


t^« 


:  lUnii,  it 

Msive  nmi9» 
■  '  "    I      r in;.     Theue 

'rt  f'aH  ;  and 
I  4  mtnd  tfn' 

virtllM    |>l  nVHlt--   .1-   '11  V'.       .:lb 

ne  Mrho  had  rii  l 

"^^    riten   at  Luii^iwti,  ,j«  it 

:;  Uitn  our  measures  ; 
I  II  suit  ulrootlv,  ihen 
irl  of  TAn'a«  and  tne, 
r  ai  GaIU^vsIiciU^  and 
iMin    with  him,  aneut 
LC ;  «o  ivt;  hastc*<i 
JL  both  i^ct  home 
irinlit*  h  beui^  Satartiay,  ontl  wo  unfur- 
fvr  aay in cr   abmacl,   ami    Tor«(HMJlio 
HH    I    was   inoitnltni*^  (as! 
J^  ^  not  clear  we  ^hi»tUd  coiu- 

ra»to  I*.!  T-t      *   J.    he  ;fcvas  some- 

•i»«  *•<  ,  or  the  like;  so 

tlead  ui  .^ii.o.Mi'.  t    >-Mt:  away  together, 
liiMQ  llie  way  we  wer*^  both  of  opinion, 
■ippositjnu*;   um   had  discourseil  of, 
Mtt  lis;  ttQd  resolvwl^  it 

ittttft?  I'alwart,  as  we  stii^ 

.  we  irouid  adhere  lo  ihf:  tbrmer  answer^ 
•#uiil  vndiTtitk^*  Qoihinqf  in  theur  methods. 
W^  C^tm''  usheilitf   the  laird  was 

,  Mid  F-'i  not  cx>me  ;  »o  we  had 

liU  ttf  gti  uvviLVr  heitit,'  holh  ilarii|«ed  with 
ivku  bftd    fwueted,    iiud   iaciiiHiitr  to  hr  tt  re  td' 

uhJ    by    «u 
band  cauie. 


%hm\f 


^^, 


^««dai  iiivciii 

nifflittsti'  -' 

Mflteyrii 
Oakif/ivu  to  C' 


^Uimuo    «iti    the    filf.ur 
iMttttkl,  tti  he  th(  ■ '^i 


duun!,  ;tnd 
I  I  be  in  pr»»- 
».*H*e,  that  iIk' 
iiii^c  day  Lujwui^'^h 
•  heiU   would   iioi 
ntit  $Uy   unJess  I 
Hud  tiul  Ufiii^  re- 
.vsh«*4ls  on  what 
I  rv,  un  |irvten€e  1 
I.  hofiCK  or  J I  me, 
;H%whR'h9eerif«l 
•  rt^torneillo 
;ter  Folwart 
Ltid  tDe«  ajideti- 
iki;tiad  weh^iviug 
[  (t  if  wc  Wire  ft  t^v- 
tiLlwiv     <<illl<>\V- 


and  importance  with  thai  eompAny^  i»  which 
he  iSBenlcd  ;  then  We  sat  down  chws  togfetti^*, 
atidt  OS  I  rennemher^  Potwart  he^n  the  di^ 
conmc;  hut  lince  I  am  nut  fthle  ta  follftweJC* 
aclly  tho  nu'^KM]  of  our  conference^  or  Keep  the 
s'&ry  ext»f€«sioit«  uwd,  or  reiwiil  all  thai  wat 
s|Hikc»  or  to  tell  distinctly  ^imt  was  every 
m.'inN  puit  of  the  diHCOiii-  *  I  ^UAl  <.«  t  dowa 
tlie  lieiidit^  andmoiitreiii  i  a* 

of,  that  f  reitit^rnl»ci%  ni  s  1  ng^; 

1.  J*olwart  siv^nHlcd  liiat  iw  was  credibly  in- 
formed (but  I  do  not  remcii^ber  he  named  hii 
iofornit^r,)  rhat  the  counlrey  parly  in  England 
uowhldiaw  to  the  fields  sh'oftly,  as  he  fieard 
belure  Lambuss ;  wherewith  Gallowslieili 
Eccmrd  visibly  surprijicd^  and  heinij  ti^keil,  if 
hii  heart  failed  him  ah  * ^  t  i ,  1  j  J  he  d»d  love 
it  better  trtily  to  he  w.tl  1-   ovrn  parks 

in  jK^acc  and  quiet,  than  lu  ik:  luctidliuEf  in  euclt 
matters;  however,  he  assured  the  lonvpanyi 
that  if  there  earn e  any  troublesome  world,  lie 
would  join  with  ihemVirmly :  and  the  earl  of 
Tairastsaidt  he  wondered  to  hear  of  any  such 
reiolution  in  England  ;  for  he  took  it  fvt  ft 
principle  amon^i  that  party  there,  that  they 
ijhouUi  make  no  stir  in  the  kinj^^s  life  (whica 
tlte  whole  company  owned  to  be  their  opinioa 
nnd  desire,)  I*eeau5«'  that  might  ^ti-eog^then  the 
duke's  interest,  and  he  suspected  it  wn^  the 
project  of  the  commonwealth**  men,  with 
whom  he  hdiei'etl  lew  Hoots  genllemeti  would 
join ;  and  he  waiu  almost  persuade^i  the  duke  of 
i^lonmouth  would  not  i?oncur  lu  any  riHJn^ 
during  the  kinjj's  life.  To  v'--^- 
aneredby  Pohvari»  that  lie- 
that  principle  had  been  |{€ii^  .1. 
but  it  seemed  they  found  they  bv! 
to  do  their  bustnes.s  now,  or  lay  a^i' 
doings  it  herealler,  which  mttfht  he  ;  that  if  the 
charter  of  London  were  let  1*11,  tlip^  wDutd  not 
only  loae  all &afe  oppottunity  ol'ilij  it- 

l^rs,  but  a  great  part  of  their  striu  he 

heard  all  thmgpi  were  concerted  lautiiaily  be- 
twixt MoDiuouth'H  fneodsi,  and  the  headiiof  the 
commonwealth  party;  and  thciuL '  '  '  ird 
31  on  mo  nth  was  shy  on  that  ac€04j  v  ,im 

hoped  he  would  en^tfe,  forothcrwist  m  ^  ^ul4l 
be*  deserted  by  tiiat  party.  *2.  Potwart  laid  uit 
the  suppiMiitious  above-writieD  oa  orertnre^ 
cottcerted  betwitt  our  Iriends  at  London,  ond 
the  principal  men  of  that  party  there :  so 
iurl  of  Tarras  and  1  renewed  our  fbrtiier 
HWJ'i*  alM>  above- written,  and  mainiauietl  ll 
with  all  our  vigour,  wherein  Gallowsheik 
joined  fonvardly  with  U6,  and  Polwart  a>iserted« 
we  went  on  very  ^ood  grounds^  and  he  wat 
fully  of  our  o|iio  ion,  if  things  we»e  entire;  but 
releiTcd  it  to  be  cutisidered,  whetlier  it  wtaro 
better  to  comply  W41J1  some  of  these  methodi^ 
llitHiofh  nut  50  propir  and  jtistidahle  asw^ 
Ik.'  niched,  llum  u*  di!^p|)oint  the  busine 
lally,  whidi  iiuu^ht  Utol  t lie  best  consequ 
to  liU  the  party  ;  yet  we  did  not  coiide>^cen<lf 
as  1  mnemlt*'  <-  '"  if^rtakeany  of  ttie»«  me^ 
Ui4)di*    Autt  A  fuvther  arguiatst  od* 

duccd  oifain:-!   ^  .    .     Amg  ftbovc-witttea,  vix. 


in- 
ird 
to, 

of 


unci 


•70)  STATE  TRIALS,  3G  CHAiLEf  U.  1^84^^— Tml  oj  BaUiie  of  Jer^tmowMl,  I 


I 
P 


u  Shiiflesbur)' *s  liii)e,  wliicU 
*  y  w *n'e  aot  to  l»e  rc1ie«l  upon, 
»^«  it  u  'I  ID  be  cQfi^itler^,  %«lkfit  uie- 

thoflp     '  proper   ill    I  be   t'oiM|iiin^v*?t 

QJ'  ltd  lo  fojbvy  in  cane  of  EittT^ 

t*^^  o<  rt^unent  it  w«jf  !iai(l«  thnt  all 

*4ty^^  ''^^  ^^*'^'  «xiu)<t  be  ijXj'cetC'd  or  <ltfsirtO  frotn 
Vjx>lliiufl.  Wiis^  timr  ii|»on  thi;  certain  ii^ms  of 
loglaiidV   \mi\g  iit  the  fWl(k«  tliose  in   tbf 
S^iQUtbi^ru  jtliyres,  n  bu  would  ouii  I  bat  imTt\\ 
?*^'   '  '  '  \  Rhd   (btiw   »t<Km   tbey 

cni  i^ened  SIS  wunlii  btf  uUte 

***  ^i-;*'   >»'*'  ..--,.:-    Qj.  jjjjy  ^^^^^^ 

flcn  risinif  to  Ui  join  iht^i. 

ti/U  liiat  i(  w  I  htm  sbyres 

<xf'  E0|;iuu4l  V  i>i   fur  »UL'h  ; 

and  that  i|i*  ^  ^    „.  i  ,       !  there  to  coin- 

IQatul ;  ftnd  that  liicn  ii  wuM  be  iivflm>iiftbl«  iW 
Aif^vk*  Itj  land  iti  tlie  We^t,  aod  tlits^e  parties 
<»ii  the  Unders  raijtlit  divert  the  farces^  till  he 
liud  tiii)«  to  nut  iiiinsclf  b  a  posture.  These 
ihirii;^  ^eented  lo  b«$  ibe  seutiiueuis  ol  the  whole 
pi»ai[i.iny«  but  were  not  iitmUy  datermLued  till 
1^  upimon  oi'  olbers,  who  were  to  he  com* 
WW' d  with  by  Pol  wart,  were  koown  :  and  it 
#B«  repreteuleii^  there  bebo^ed  not  lo  be  aoy 
wilful  aud  obctiaalB  «4herug  to  onr  ow'ii 
thf^M/'*^ '  rThitigv,  btit  an  mutual  cbodesceod* 
ai"  >  concerned,  otherwijie  it  were  not 

|iMi^.„u  ,,  L^HDg'u  piiblick  design  to  atiy  g'*>od 
tWUe,  4»  AU  the  eofnpiuky  sc*-^metl  to  "aijree, 
^hut  they  should  uudeiloke  iiritbiin;^,  or  mote 
iu  that  i^iMi\  U\\  they  hail  a  full  aud  cc^rtoiu 
ai^count  what  £nf;laod  [iroooseil,  what  tiiethods 
ihe^  re^olve<l  to  bdluw  there,  who  were  to  be 
their  U^mk  ;  tvtid  that  ii'  they  desitrned  any  at- 
tempt oil  tlie  king's  person,  or  ovi;rtitrniD^  mo- 
nirthy,  they  woulfl  imt  be  forward  or  clear  to 
joyn.  ^ud  it  beiug  here  iusinuuted,  that  the 
luofit  they  erruld  do,  at  leaiit  tor  which  there 
ctiidd  be  any  ^laosdde  prt-teiice  to  justify,  wa« 
to  draw  tog^her,  anil  wtthout  any  act  of  [iO!»- 
tihty,  vend  addresses  to  hin  (lujesty  for  redress 
of  the  present  aliutHit  oi'  tht!  "'oveVnojeiit,  and 
K.r  olitaiiiiiig  aiUlicient  security  against  the 
tiiey  appreh&^udifd  to  their  religion  and 
>.  it  wiis  aaid  by  PulwaH,  that  he  was 
apt  to  think,  that  was  tWiv  very  design  ;  for 
he  ha^l  heard  it  was  generally  believed  by  that 
warty  in  England,  litat  if  once  they  were  in  a 
hody,  tlie  king  would  be  prevailed  with  to  quite 
the  duke,  to  be  tried  lor  Po^Jery,  eorreisp^mil- 
Hijce  with  France,  and  accession  to  the  Ponish 
plot ;  a»id  then,  if  the  king  were  once  free  troto 
the  iodueuce  uttht?  duke'seuun^U,  tbey  were 
co<iHd(jnt  he  might  be  luovetl  to  refonii  their 
abuse*,  and  §erure  their  rtligion»  and  liberties 
for  tlie  future  to  their  content nu'iit.  5.  Jt  was 
resolved,  that  till  we  got  tht!  atbri'yaid  accouut 
fruiu  Eo^land,  and  were  satisfied  thereanent, 
ftud  knew  rjtheis  here,  who  were  to  be  com- 
innodJ  i^'jth,  their  senbinmLs  n[  what  methods 
urere  luost  proper  Ibr  u  <  should  un- 

tier,  .ki',  we  eihunid  not  m  I'lier;  only  it 

Wu  leit  to  Uie  earl  ofTi&rrit^  and  mt\  if  we 
tli«*iUia  fit  u\  adittttint  sir  Win-  8 jot  younger^ 
HUtk  JMm^  «^  the  matter  nl'  ihts  ooofei^uoe 


overly,  without  taliiigiiotieecf  air 

or    itiieh    an    conPfrv^uro  *.  athI  it    nu 

uu^nded  to 

had  H^mif'  n 

ot  uur  nKLuhhoiii-9i,  iuid   >'  i 

ainong^  Uivii^  litut  if  tvc 

lyuig  aoconrit, 

knoiv  whei^e  to 

Heie  it  vviis  not 

iftheeinhd  Ti<: 

and  I^  mu  ^ 

i*ari  of  lh« 
ink»»h)  r<  i^iun 
when  tlay    hem 
tiysr<:Mho  mcii  i. 
bettvixi  %vhich    Vu.-   l".,^^,lld   /.- 

f»ected;  but  in  *.i  .^   u   r-init 
laudfi  sooner,  wc  pron)i»ed    to    att 
rest,   that   we   niiq^ht   meet    prc-.iii 
cjyie  re<]ui(ed.     This    is   the 
sum  of  what  passed   at  the  U- 
encc^  that   I  can  now  remember;  l^uL 
membu-,  1  was   likewise  tohl  these 
parLicutaf5  ai  piivai,  by  Polwart  or  Tor 
(whicli  of  them  I  camiot  distii^ctly  lelljtlie  i 
of  the  aturesaid  confert^me,  or  witlitxi 
UmeafWr.     l.  That  Polwart  kecpetltlii 
respondent    with  our  IVicuds  at 
remember  not  poottvety  of  %ny  vf  Iben 
was  named  to  be  on  the  tntrigne  there^  i 
my  lord  MclviK  s»ir  John  Cochran,  J« 
and  commissar  Mount  (tor  1  hardly  knew  an] 
of  the  rei^t)  and,  as  I  thtnk^  caramiam f 
was  called  his  correspctndent  there.     t» 
the  money  to  be  adranced  by  the  (English  | 
to  Sc'OtUnd  was  ready  wheti  Mr,  ^lurttti  i 
iVum  l/imdon  ;  and  it  wase&peci 
few  days  aftei*  it   would  be  d^  J 

some  confident  to  Holland  (whethi  r  by  bdla,« 
in  cash,  1  cannot  say) ;  if  was  called  ten 
sand  pouuds  sterUug^  and  wit&  to  be  empk 
(as  I  was  told)  by  that  cantiileiU*  at  MgyU 
sigh  I,  for  buving  arms,  |»roviditig  ship«  to  I 
ptirt  them  \nth  Argyle,  to  the  West  h«v«,  i 
such  other  charges*.     :J.  Tlut  how  soon 
friends  at  Loikdon  got  notiet^  of  ttie  i^th  i 
of  the  eofitident  forsaid,  and  all  other 
were  finally  concluded   there  (which  was 
peeled  ^^outd  be  about  the  middle  of  June,  as  J 
remtmher),  they   would  eoiue  UnnMii  to4|  i ' 
they  passed,  woiihi  give  them,  or  one  «f  t 
un  particular  account  of  all  rrsalutionv  1 
be  communicat  to  the  rest,  tlmt  it  was  i 
eicpeoted  by  letters,  that  bebovefl  to  be  \ 
figures  and  dark  expresatoni ;    nnd,  ag  I 
nietnlipr  they  were  written  as  it  i 
Carohna  business,  or  sooie  bousliohl  I 
AS  I  was  told  ;  for  I  neeer  runeDib^  I  san 
letter,  either  direct  to  Loadoo,  or  sent  11 
on  that  head^     4.  i  was  told  there  was 
and  a  w  ord  agreed  on  by  thai  party ,  so  that  i 
might  know  with  whcon  thrv  u  ,    lit  uj 
dom:  the  word,  as  I  r>  lla 

and  the  sign,  the  op«  I    ^  *'ns  : 

breast  c.»ttt,  And  fihuMiog  i hem  presently  j 
1  cummomcAt  u%  tike  earl  of  Tmrrtta,  1* 
not  mind  1  ^ver  aaw  it  iiaed,  mot^j^  \fli«0  \ 


STATE  THf AU,  S6 CHAtt &s  IL  iS^^^for  High  TnaMan.  [GS$ 

His  )lifcjcsty'i$  Ailvncat  pmcluced  other  De^ 

fjfisilioofi,  einitt^il  by  GullMWslieib  before  the 
ords  of  the  Svcfet  CaKnmilwe,  whereof*  ibe 


PiwiK*4my  Imtt  m  U^u-n,  ihiHit  ilie  end  of 
^^e« :  «« ttbenjawip^  i  littk  trot-l}**  lie  «.tked 
H[  I  kail  lli#  wwd  aad  sfgn  uf  tliv  CaHintt  iiiey  ; 

Hbd  I  iMIrii^  fliMllllMafI,  ti<«       «*1  ^.MortUiiig  to 

RfaAlsnneMjiiilauigpvvtl  I     1       i  boen 

^prol  1^  on«af(«ni  exp«eied  here  {an  \  thittk 
b#  mim^  i«rfi»WiKMi  or  oonninissar  Sloitrn) 
dust  afickl  Aijv  I'^^'^t  ^*^^  there  wu9  tione  come, 
fnitM  be  lenrn  tlial  iny  oftbtHr  t'neud^  bo^l 
~r  rn   jbr  iereml  po«u*     FolwHri^ 

I  1   I,   met  at  GnUowsht^Us,  on 

in4«^i  loir;    hyt  I   iTiind  nothing' pnsst-'ii 
;?Ble    whUpenogs,     Duled   8ej>ititiber 


wxuntcn, 


'^3»  1634. 


The  ilepotftboti  abovi*  writt«^  bein|r  reed  to 
ihtCiiil  Jmsic*  IVfiirray  ui  Philiphau^f  in  |ire- 
9am  ^  the  jwttioe«  &»<]  xs^««i/eii!.  he  iidhere^ 
^  ni  «JI  poiiils  a|iou  ouih 


Hie    «lili     JiTrrr' 

HaH  4t  their  d 


ulucii 


iU     ilUi    I 

them*  tljut 
ih«  imt!} 


pom. 


i»n  to 
-J  you 


Se«l 


I*  the 


?!  ol*  Tur 
cam*' 


I  kg.     And 
in  OoJ. 

LivtnuGow,  f ,  P.  n, 

of  GslbwahdlSf  a^cd  3a  yenrs, 
Vt*.  and  ifworn  ;  dt'poti'S^  That 

,,  I  I-  ■■  .  ,    ■  ,    .-vMne 


la. 


vivhl  f^ae  in  t. 
shouM  n 
wmm  th^ 
,  whiife  t! 
,  and  Ifi 
v^eil  wmi  tktt 
^  4f|^ytie*«  fvir) 
tuiMi  wf  tW  urn 
«ia  not  miirh  «^ 
^«i  ali»  |if«»f4> 

mmim\ 


and 


and  thai  ihry 

T  1  the  kin^'a 
,'    town  tif 


.htre 
>,  It 
lUlh 

;   inr  ao 

voiit'H  fchmild  be 
tftf?  rmiritrey. 

'     r*\  as 


Edinburgh,  ihc  Uth  of  Saftaahif,  1684. 

GtiihK  '  ' :  I  »i  .fts.  That  the  earl  of  Tarra* 
rind   Phi!i  i^*_iitjj  m   his  house  in  May, 

ic^u^  r  n  -.^  '   "  -:       TT  E,^. 

lufH'  to  riv^ 

wjti.  J,.,  i..,  .i»iu  i.i    ....i.^., , MM  ...... a.r,  iiq4 

that  Pol>*art  wuB  pri*iM^nt  mt  that  luet'tinjj  ;  aiid 
toKl  he  Nvas  sure  th*  fMu/lisliiiis n  mi*  luff.t  so, 
and  thuF  it  wa»  <{  i;^ 

u mo ng<st  them,  thai  ;  v^ 

ami  Stirhng' ;  and  that  it  vr^&  talkt^d  ainoiig^t 
them  of  briiigiog-  the  duke  of  York  to  trtul,  ant) 
th»<^  the  kin*:  }MtM  t^bat^lon  iiiai. 

Sic  iubii^rihitur^  HuGH  BcOT. 

Porth,  Caiioel. 
Quoensbiir}\  Jo.  Drnirunond. 

George  I^laekenzie.   George  Mftckea; 

EoiMiuiiunt  Oc^^cr  %9g  l^Si. 
Seder  utti 
Lord  Chancel ior»  Lord  Ptmidm^ 
Lord  8ecrettiry,  LoH  Advoc*t. 
The  Laird  t*f  GuUowth^ilt^  prisoner  in 
TollKMtth  of  Edinburgh,  bein^^eatled  Mid  ex- 
amined upon  oath,  de|»0Qs,  that  in  the  iiionalh 
of  May,  1683,  the  earl  of  Tarnis,  Hunie  ^f 
F*oIw}irt  Hdtr^  atid  laii'fl  of  Pbiliphaug'h|  cnm« 
to  this  depttrfrftit^s  house,  himielf  bektg  abieiit  | 
at  hi«  coining  home,  they  w«r«  ipeftkini^  4if 
the  security  of  the  Ptoteatantreligwfii  ami  «f 
a  party  in  England,  who  would  secure  Of  MtM 
tli^kini;  or  diHce ;  and  that  if  any  »h<)ald  nte  in 
arms  to  defend  them,  or  to  rescue  the  ktiMrand 
dtike,  here  was  another  party  who  uraold  rise 
in  anfm  ag^ainst  them }  it  was  pfoposedi  that 
{fome  country -RKHi  i«ihoukl  he  apokeu  to  to  try 
their  rt'^iotiitk^ns,  ami  that  tlie  rvniolutiuiia  of 
Eufrland  should  be  told  them,  to  aee  If  they 
Mrould  concur.  But  the  dc  ponent  d«e«  not  re- 
member that  this  profioflttiou  waa  approred^  or 
undert»ken  to  be  flotie  by  aoy  nmetil;  nor 
does  he  remember  who  mana^gjed  toe  di*Coufte* 
U  wtiti  hkewise  pn>poaed  to  !»eue  the  Q$cert 
of  state,  o-'^-ri^u*  ih*  chiuJceUor  andthe^u- 
Tiit ;  and  r  i  John  Cochraa  tw  10  COfoe 

to  the  \V  t„  - :  i  >^\ -mA^  for  adhraiieenieiit  of 

th«  desi^  ;  nr  ««aH  of  Argyle  w%h  to 

land  in  the  W  >  ^    iniidft»  nnd  to  raii^e  that 

country.     Of  the^  matters ai'  o  wergt 

prestnn,  didoourscd  a^i  of  an  (    thej 

were  a£;itiLtiuir^  :ind  ivhcrc-iti  tliuiu»i;Ue§  wert 
ptLrtic'ularly  conccrnc^d,  thout^H  at 
ihey  did  not  toneludt'  whht  th'ir  ettrrbgm 
nhoutd  Ih*.    The  ti/tiy.ou  w  h V  th**  d^jmnent  cttn? 


683]  STATE  TRIALS,  S6  Charles  II.  l684^7V«a/ nf  Baillu  ofJfrtiMwood,  [GS^i 

Edinduroh,  December  03,  163-1. 


Hugh  Scot  of  Gallowslicils,  being:  solcinnly 
sworn,  in  presentee  of  llie  justices  and  assize, 
artlirrcs  to  the  deposit  ions  \\itliiD  and  above 
tvritteu  in  all  |K>ints. 

Sic  subicribitur^    HuuH  Scot. 

Linlithgow,  L  P.  D. 

ilis  majesty's  advocat,  in  fortificatiou  of  the 
rortiicr  probation,  adduces  the  printed  copy  of 
Mr.  William  Carstircs's  dejiosiiions,  *  oinitled 

*  The  following  account  of  the  Exnmination 
of  Cai-stairs  and  of  matters  connected  with  it  is 
oxti-acte*!  from  2  Wodrow,  387  : 

"  I  come  now  forward  to  give  some  account 
of  the  suftcrings  and  severe  treatment  of  that 
truly  great  and  grood  man,  the  reverend  Mr. 
William  Carstairs,  this  year.  This  extraordi- 
nary person  is  so  well  known  thronsrh  Hritaii;, 
an<r,  I  may  say,  all  the  reformed  churches,  for 
his  shining  piety,  his  universal  and  pnlltc 
learnini;:,  his  candor  and  iutei^rity,  havin:;  the 
character  of  a  truly  honest  man,  from  thai 
<<:reat  jiidt;c  of  men  king^  William,  and  bciiij^ 
in  providence  but  lately  removed  to  his  master's 
joy,  Iravinq:  Itehiiid  him  a  most  savoury  re- 
membrance of  his  constant  and  indefati^ble 
services  for  Christ,  souls,  and  the  good  of  the 
church  of  {Scotland,  that  it  is  needless  for  me 
to  say  any  thiiiffof  him,  to  those  who  are  now 
on  the  stage ;  but  I  wish  some  (it  hand  would 
be  80  kind  to  posterity,  as  to  give  us  a  just  ac- 
count of  this  excellent  person.  The  hardships 
he  met  with  will  be  a  lasting  blot  upon  this 
period. 

''  That  I  may  give  as  large  and  yet  succinct 
accounts  of  his  sutferings  this  year  as  I  can,  I 
shall  begin  with  a  letter  he  war.  pleaseil  to 
wiitc  to  the  author  of  this  history,  a  very  little 
before  his  death,  which  he  allowcil  him  to  pub- 
lish, and  I  promise  myself  it  will  be  very  ac- 
ceptable to  many  readers ;  and  then  I  shall 
give  what  I  meet  with  anent  him  in  the  regis- 
ters, and  other  eertaiu  documents.  I  lieu:in 
with  bis  Letter  to  me,  which  was  among  the 
last  evei'  he  wrote : 

Dear  Brother ; 

You  put  me  upon  a  business,  which,  though 
it  be  of  that  nature  that  i  ought  to  ilo  some- 
tliing  in  it,  yet  it  is  uneasy  to  me  to  think  u|>on 
it ;  but  I  shall  give  you  a*  very  brief  account  of 
some  of  the  chief  particulars  of  it,  in  so  far  as 
I  remember. 

I  was  taken  at  Tenterden  in  Kent,  the  Mon  - 
day  immediately  after  the  execution  of  that 
great  and  honourable  patriot  of  his  country, 
my  lord  Kussel. 

The  chief  tiling  which  exposed  roe  to  danger 
at  that  time,  was  tlie  suspicion  they  hail  that  I 
was  3Ir.  Fei^usson.  I  was  admitted  to  bail 
for  some  days ;  but  so  soon  as  they  had  a  re- 
turn from  court,  I  was  committed  prisoner  to 
the  common  gaol  of  the  place,  no  Iiail  being 
allowed  to  me,  though  1  was  accused  of  nothing, 
but  of  rei'using  the  oaths,  one  of  which  had 


I  before  the  officers  of  stale,  and  other  lords  ui' 

I  privy  council,  and  ksaves  the  mine  to  tbe  as- 

j  size,  and  uses  it  as  an  adminicle  uf  probation ; 

•  for  though  it  was  capitulat,  that  he  slioulil  not 

^  be  made  use  of  as  a  witness ;  yet  it  w  aa  agiwd, 

tliat  the  deposition  should  be  puUisbed :  and 

likewise  produces  the  principal  dcpoaationiign- 

eil  bv  himself,  and  the  said  lords. 

The  lordsjnstice-gcneral,  justice- clerk,  and 
colnmi^sioncrs  of  justiciary,  admK  the  paper 
produced  as  an  adminicle,  and  refers  the  im- 

been  then  expired  by  law,  viz.  tbe  Oxford 
oath. 

1  continued  there  for  a  fortnight,  when  J  was 
sent  for  by  an  oflicrr  of  the  guards,  to  be 
brought  up  to  London,  which  accordingly  I 
was,  and  committed  for  two  days  to  the  haudi 
of  ainesseii.gfT. 

During  whieh  time,  sir  .Andrew  Forrester 
came  to  me,  in  Uie  name  of  Kin^  Charles  2, 
oliVi-ing  me  a  pardon  and  all  kindness,  if  I 
wrtjld  teli  what  I  knew  in  that  matter.  He 
told  me,  that  the  king  did  not  at  all  believe  that 
I  ^vould  be  concc^riied  in  any  such  practice  as 
the  asHiissination  of  his  person,  but  because  1 
might  hear  of  it  U|ion  occasions,  he  desired  ts 
know  if  I  did ;  and  I  gave  sir  Andrew  sock 
answers  as  I  thought  were  proper  for  me  in  the 
circumstances  I  was  b.  He  very  earnestly, 
yet  ¥ery  civilly,  besought  mc  to  make  a  dn- 
coverv  of  that  plot,  as  to  other  things  of  it 

Which  shews  the  folsliood  of  what  was  poa- 
tively  a*:serted  iii  an  account  given  in  the  mune 
of  the  king  and  duke  of  York,  as  to  that  mat- 
ter ;  which  is,  that  nH\er  any  hopes  of  fovoor 
were  offered  to  any  to  intluce  them  to  oonfesi. 

I  was  afUrrwards  ealKMl  before  a  comiutttec 
of  the  lords  of  the  council,  aud  uot  giving  them 
tliat  satisfaction  which  they  expected,  I  was 
sf  nt  cl<»se  prisoner  to  the  Gate-house :  In  wliich 
time,  I  was  called  twice  out  to  be  examined ; 
at  one  of  which,  if  not  atlwth,  was  honest  and 
worthy  i\lajor  lloims,  who  was  a  |iriaoner  in 
the  Ciutc- bouse  too,  and  bail  been  a  friend  and 
oorrcypoudent  of  the  earl  of  Argyle,  to  whom  I 
w:js  desired  to  give  a  cypher  oT  names  to  oor- 
rtr<ipond  with,  to  which  1  added  severals  with 
my  own  baud,  which  was  well  known  to  tbe 
eaVl  of  MelfonI,  which  afWrward  proved  not  a 
little  pi-ejiidicial  to  me;  for  it  was  found  among 
his  papers  whoji  he  was  seized:  He  also  told 
the  lords  of  council,  that  1  had  told  him,  that 
there  had  bc<*n  some  consultations  as  to  tbs 
hfuding  money  Ui  my  U»rd  Argyle. 

1  continued  in  the 'Gate-house  eleven  weeks, 
close  prisoner,  looking  upon  myself  aa  abso- 
lutely secure,  under  the  proti*ction  of  the  plain 
law,  of  the  act  of  Habeas -corpus,  against  bring 
sent  to  Scotland :  And  theretore  1  did,  in  the 
first  of  Michaelmas  term,  petition  the  court  sC 
King's -bench,  for  being  brought  to  my  trialf 
or  admitteil  to  bad. 

I^it  the  very  day  afU'i ,  1  was  ordered  to  bo 
ready  for  Scotland  in  twenty  four  hours,  to  bi 
there  tried  for  criukCK  committed  in  that  king* 
dom,  though  I  udther  was,  nor  cauld  ptaou^ 


STATE  TOIALS.  36CMAEI-BS  II.  l68*^/ir  High  Trrsson. 


llwve»f  to   tin*  infjui^^  antl  onbins  llie 
1,  ui  be  taktfu  til 


I  C'oliti  >Iiii!k- 
(>rivv  <Huiiifil^ 
1   Mr   VViltiani 

vvn  lUe 

1  mt- 


•Wfl    T' 

mwsmd  111 

icj  bwil  it  oo1Uaif>tioih 
Sit  iHhncri^itttr, 


William  Patsrson. 


W  rtt!l|y  of  tiijf  crimen  t)  t  r  •  \  uiir  |^»eeri 

ffTiurcTtl  jurors  tJiCTt%  bu( 
I  AcDQrliiiKtyi  1  wan  siMit  lo  ^>r<ji}.Mitl  tti  liiii 
m^mj\  Ruchia  Y^iik  Ut,  M^ilh  >;ev  eral  other 
n^rllbr  g^cetSniirn  of  niv  countrvt  and  wtiA 
villi  tketo  eomttiiiiAiiI  to  llie  TolUiJlij  oj  EOin- 
^•5l»#  ifbcf*  I  ^^  clo^e  (Kii^oticr  fur  se%«;ral 

MttJlA. 
^Jb|JJ||c  fbiour  of  urn  II  m 
HBajartTmlftlfET  t^n  ir,  xnti  Hit%  fth  ol'  u«  fibut 


aticr,  we 

It?  *»f  our 
n  to 


MtmU 


'  fuif^iful  friend 

'»,  v*as  pitclieil 

.  relUsal  to 

\  to  Mm, 

<Tii  of  the? 

'  UHturi'ti, 

.  ttud  the  boots. 

' '^  "Tr at  matter 

i  (t< '  nil  that  DO 

rt^f^itc&oi!  ,  ^  aii^n€<l»  to 

Mrl  iif  Ai^^'k-,   or  hm  innndfi^  from  hi^ 
4«|f  ^,  lit  uas    pr«>y:ukd    on    tu    ^ktyphcr 

*«il  itimci  oi  ?i  that 

,  tijiiie  «f   ''%Uidi  I  «as  ex|)i:£i«>e<l  by, 
!»  hir  i|«ii  ttnt  ltf<*>u ,  bill  ih**  «irl  of  MeUbrtJ, 

"  '        I'lr^m,  from 

■  H  fnimi. 

I  was  ordered  tbat 
luiotHe  irons.  IT    vir  ^, 

1..^  if  I  fMf',  and  i.**.,<  -.i,  V 

t  I  ktievr  in  thiit 

uii  that  niiiiiy  in 

'.:  thtuir^bt  very 

-         i  fiibould  not  ue 

or  fUe  tvetks  tiint',  to 

ihtit  fihonld  he  nro(iQ«ed 

'   ^v|lat  1  should  be  my* 

■  '  \    ;iiid  Ui^t  noibing^ 

^i  redly  or  imli- 

i)   tliut  I  slirmld 

vIoSlp;  ihcK  conditions  were  Kta|^* 

I  iSMiBitlmiif  (hat  I  cotild  not  weU 

>  I  ttoalil  V)  ible  to  go  ihron^h  »  can- 


ntitiu 


The  Derosn-ioji  of  Mr.  U'imjam  C%ft«nrAni.s, 

when  be  was  »^  +♦!' 

ikunret  Coniniii  d 

renewed  n  jm  (ti  iio- 

L'emW,  1  uie  Lords  ot 

EoiS^Dtimi 'C \sTLt,  Sfpteinhtr  8,  1634 

IVlr.  William  Curst  arcs  being  examinpfl  in)on 
oath,  conlbnn  to  the  condt'SCfc*nsjoii  v^ivt^n  in 
by  itim,  und  on  the  terms  I  herein  i  ; 

de()onti,  T]iHl  about  Novemlier,  or   * '  u  r, 

168'i,  Janfiet)  Hteuarit  brtitUer  to  the   bin!  of 

*lant  torture  during  my  Ufe ;  however,  I  did 
resolve  tluuii^h  diviiR'  assistance  to  atlventurt 
upon  th^  i  '  jitcting  at  tfiut  time  tlie  eon* 

ditions  V.  iiord  had  diificnhly  obtained 

for  in c  fn> in  Ui<  pnvy  coundl. 

I\l y  reasons  werr,  becau-ic  I  imagined,  if  I 
could  once  eoihuc  :>o  se*i re  torture,  either  the 
lordk  of  ihc  couoe'd  uoidd  U;i\v  ^irne  reirard  to 
uiy  cliaracter^  and  not  ptit  me  lutther  to  l^rturei 
or  what  I  suffered  nii^bt  throw  me  intv  a  fevert 
and  BO  I  might  be  carried  oif  the  world  ^  for  I 
can  declare,  thnt  dt^alit,  eitlier  by  aseotenoe  or 
any  other  violence,  ii  herein  my  own  baud  wum 
not  concerned,  would  have  been  welcome  to  n»c, 

I  was  broij;^1it  before  the  privy  council  iii 
England,  and  some  depositions  of  major  HolnDS 
and  IMr.  Shepherd  wei^e  read  against  mn^  bat 
neiiher  of  theui  was  ever  coiiftoQte4  with  me, 
thougrh  one  of  then)  had  been  ko  ivith  M>Die  of 
our  countrymen  upon  that  occasion.  When  I 
came  to  Scotland  iu  company  with  scverat 
other  worthy  -  rt"  ■  m  of  my  country,  and 
was  committt  i  above^  prisoner  to  tha 

Tolbooth  of  L>.MiL.i-»^ii|  1  was  ai  lust  brought 
out  about  noon  to  the  council,  about  a  fort- 
night or  three  weeks  at\er  Mr.  Spence*s  decy- 
phering'  tiie  tetters,  and  told  by  the  lordi)  of 
privy  council,  that  1  must  either  auawer  upon 
oath  such  question <:  as  they  gave  Hie,  or  go  to 
torture  while  1  breathed. 

And  indeed  chancellor  Perth  had  told  me  a 
iew  day.i  lielore,  that  I  liad  refused  so  mnay 
sin<^ular  favours  that  had  been  ofibred  to  me 
beyond  any  prisoner,  that  before  God  I  should 
be  tortured,  and  ne«'cr  a  joint  of  me  lefl  \;hole. 

VVheo  I  was  cjdled  m  before  the  council,  th# 
declaraiions  of  major  Hohus  and  Mr.  Shepherd 
were  reatl  at^^nst  me.  I  told  thrui,  llial  i 
could  SH*  ..-'«!' •'!'••  *'*  ihem,  bcenuso  t  had 
neviT  b'  ■■'  jth  them,  m  hich  w:ai  « 

plain  «vj'l-:-  }  Itad  staid  ihingM  .iKainit 

me,  which  they  i;tould  not  have  hswl  ilie  i-onfi* 
dciic«  to  hate  assorttd  hud  I  been  pretkCut  % 
but  that  vva.*<  over- ruled, 

llitu  I  was  urged  tu  aitAwer  upon  oath  iha 
i]np!^!ions  that  should  he  t»ro|iQsed  to  me.  I 
told  tbem,  I  would  m^t  do  t but  iu  mntteri  which 
wtre  looked  U[K>n  -  f      They  told  me, 

that  it  should  Iv  fn  u  ted,  that  oorhiiig 

that  Is:'    ".  in%t  me,  not* 

should  li  1  answered 

were  Lrut  wi  i,iisv,  k  ^uni^  ii.  ni^jii  a  bad  pret 
cedent,  and  I  was  oot  ^ilUug^to  bei»in  it. 


687 J  STATE  TRtALS>  S6  Charles  It.  l684w— 7VM  oj  Saillie  of  Jervitweod^ 

Oultiiess,  wrofe  a  letter  to  him  from  Holland, 
importinf;-,  That  if  any  comnderable  attm  of 
money  could  he  procured  from  £ngland,  that 
5ometnin«jr  of  import«uiec  miglit  be   done  in 


Then  I  was  asked,  %vhat  reasons  I  had  why 
I  should  not  be  tortured.  I  answered,  I  did 
humbly  jnd|sre  that  I  could  not  be  any  ways 
tried  there,  lor  the  order,  by  which  I  was  sent 
down  to  8oothNid,  was  express,  that  I  should 
b6  tried  for  *  crimes  committed  against  ttie  ao- 
veniment  in  that  kingdom ;'  and  I  desired  to 
know  if  my  lord  advocate  ha<l  ant  thinff  to 
chaifpe  me  with  of  that  nature.  He  declared,  he 
liad  not ;  but  that  now  I  was  in  Scotland,  and  if 
I  had  been  guilty  of  contriving^  against  his  ma- 
jesty's yovermnent  at  Coiuitautinople,  I  mi^ht 
be  tried  for  it.  I  told  them  I  thought  it  was 
true,  but  that  the  crimes  I  was  accused  of, 
were  said  to  be  committed  in  England,  where 
his  majesty's  laws  vfete  equially  in  force  for 
^e  security  of  his  fforerninent,  a^  they  were 
in  8eoUaud,  which  at  CoB8tantinO|ile  they 
were  not 

But  this  was  over-ruled,  and  yet  this  M'as  a 
notorious  atni  unjust  breach  of  the  law  of  the 
Habeas  Corpus  a^,  which  was  made  expressly 
for  the  iecttrity  of  the  liberty  of  Scots  and 
Irish  men. 

Then  they  ariced  me,  if  I  had  anv  ftirther  to 
•offtr  against  beftig  tortured.  I  told  them,  that 
I  did  not  pretend  to  any  skill  in  law,  bnt  that  I 
fi^  mforrined,  that  *  semiplena  nrobatio'  was 
aeoessary  in  order  to  torture,  which  was  not 
in  my  case ;  tor  lieither  the  dvfiositions  ot*  these 
at  London,  nor  what  was  said  in  my  lord  Ar- 
lifyle's  letters,  did  amount  to  any  such  thing, 
liiey  told  nie,  presumptions  were  enough  to 
warrant  torture. 

Then  they  asked  me  again,  if  I  had  any 
thing  further  to  say  whv  I  should  ncit  be 
brought  to  torture.  I  told  them,  I  had  only 
an  humlile  petition  to  them,  that  I  might  meet 
with  no  greater  st'verity  in  my  own  coniitry, 
than  the  laws  of  that  in  which  the  crimes  I 
am  accused  of  are  said  to  be  committed,  do 
allow  of. 

At^er  this  commnhtng  the  king's  smith  was 
called  in,  to  brin^  in  a  new  instrument  to  tor- 
ture by  tite  thumbkins,  that  had  never  been 
used  liwore.  For  whereas  the  former  was  oidy 
to  screw  on  two  pieces  of  iron  above  and  belo^v 
with  fiugiT  and  thumb,  these  were  made  to 
turn  about  the  screw  with  the  whole  hand. 

And  under  this  torture  I  continued  near  an 
hour  and  an  half.  In  the  mean  time  the  tor- 
turing by  the  boot  was  tried,  bnt  the  hangman 
lH.'ing  newly  come  on,  because  the  former  was 
in  prison  for  nome  crime,  he  hail  no  skill,  and 
therefhre  it  was  put  off  till  the  nen  day. 

I  do  acknowledge  I  was  mneh  afraid  1 
should  not  have  been  able  to  go  through  with 
that  scene  of  tortui^ ;  and  if  I  had  not,  I  was 
miserable,  for  1  should  have  been  brought  to 
speak  again<;t  every  man  they  had  mentioned, 
lilt  God  onlered  it  Inndly  otherwise,  and  the 
next  dav  I  had  conditions  offered  to  me  afresh. 


Scotland :  The  which  letter  the  deponeat  kid 
>  an  inciination  to  inform  Rhephcrd  in  Abdrareh- 
Lane,  merchant  in  London,  of;  bm  before  b< 
could  do  it,  he  wrote  to  Mr.  Sienart  above- 
Now  as  to  the  whole  of  this  mpfeasant 
subject,  1  do  deehune,  that  this  aflkir  is,  so 
for  as  I  was  concerned  in  k  «s  to  any  oon- 
suhaUoM,  no  farther  than  to  dieeeMrae  as  to 
what  mijifht  be  proper  to  be  done  for  seeurin^ 
our  religion  and  liberty,  from  the  dangers  that 
they  were  tlien  in,  without  any  dea^  against 
the  royal  persons  of  the  king  and  his  brother, 
or  the  (jnovernment  by  monarchy ;  and  that 
some  thmg  was  done  among  the  Soota,  as  to 
the  sending  down  a  gentSeman  to  disooone 
upon  that  head,  with  some  ethers  here. 

1  shuuM  be  railty  of  the  moat  hoirid  in- 
justice, if  I  should  accnse  any  of  the  worthy 
genttemen  of  my  country  that  were  my  folio*- 
prisonerB,  or  any  of  the  English  ibsscnliBf; 
ministers,  of  having  the  least  knowledge  of,  «r 
concern  in  tlie  abominable  assamination  of  tlie 
king  or  his  brother;  for  I  did  then,  as  I  do 
now,  abhor  such  praetioes,  nor  can  I  to  this 
hour  tell  really  what  was  in  that  matter  thit 
makes  such  a  noise ;  for  nothing  in  my  fttmimti 
depoeitions  that  are  printed,  Iwtb  siny  imfu^ 
to  anv  thing  of  that  nature,  excml  an  to  what 
Mr.  FcrgoBson  and  Mr.  Sheptyerd  did  sajf,  for 
which  tSej  ahme  are  to  be  anaweraMe;  end  I 
must  also  say,  that  Mr.  Shepherd  did  own  bis 
abhorrenee  of  such-  practwes. 

And  now,  lirother,  1  shall  oondade  what  i 
baieto  say  upon  this  suliject,  with  the  MM 
injustice  I  met  with  in  beii^  sent  to  Scomad, 
in  open  violation  of  the  plain  law  of  Habeas 
Corpus,  which  was  only  designed  to  make  way 
for  my  torture ;  and  me  notorious  breidi  of 
tlie  pnlilic  faith,  as  to  the  conditions  thai  I  had, 
by  which  no  person  was  directly  or  indtredly 
to  be  mentioned  in  any  trial  as  to  that  mailer, 
nor  any  thing  in  my  depositions  was  to  be  id- 
duced  against  any  {hmtsoo,  which  i*ondition  wm 
o[ieiily  violated,  and  this  is  acknowledged  Is 
have  been  so  by  the  late  oari  of  Cromarty  aa- 
der  bis  hand,  as  is  to  be  found  among  the  Re- 
cords of  Parliament. 

1  was  indeed  earnestly  urged  to  oblige  tb« 
then  king  so  tar,  as  to  ap|)ear  and  answer  some 
questions  before  the  judges  whrn  they  were 
set,  and  that  no  |>erson  should  be  ronfrontsd 
with  me.  To  which  I  re[ilied,  that  the  saying 
any  thing  btifore  judges  when  sitting,  ml^t 
bi»  of  sonic  consequence,  and  through  G«l'« 
strength  I  would  rather  undergo  many  deaths 
than  accuse  any  of  these  worthy  persons. 

1  cannot  hut  alsd  a(*f}uaint  you,  that  I  think 
it  was  a  hardship  put  upon  ine,  to  print  aV 
depositions  as  they  stood.  Iiecause  they  wer^ 
very  lame,  since  simjde  answers  to  the  ques- 
tions arc  only  set  do\%n,  and  neither  the  qa<»- 
tion  ihatgaVe  a  lisc  to  the  atiswem,  nor  tte 
just  extenuations  us  to  persons  and  tliiopi 
which  1  gave  in  my  answers.  Which  km 
they  been  pnblislied,  it  wduld  have  been  '^ — * 
from  what  I  said,  that  there  could  be  do 


STATE  TRIALS,  36Chablbs  II.  l684.-/or  HighTrtMmi. 


[690 


,  to  know  from  bim,  if  he  mis^bt  i\o  it ; 
r.  9teuart  liaTlng'  consented,  he  com  inn - 
be  said  letter  to  3Ir.  Shepherd,  wlio 
le  depoQCDt  that  he  would  comrnunicat 

wbj  that  affair  should  h.ivc  l»ecn  pro- 

I  with  to  much  crufrlty  and  \ioleiice. 
bating  bad  a  hberi}'  t'rorii  the  lords  of 
\  to  go  abroad,  but  uas  eiijoititHl  to  wait 
be  aecrctaries  at  London ,  upon  which  I 
me  of  bur  lords,  that  I  was  alVaid  th»t 

hare  Tery  ill  consiwiunces,  for  if  1 
be  broa«rht  hefore  tlic  kiii^,  1  wouM  say 
lie  tbiog^s  to  him  in  the  e\tennatioii  of 
fair,  If nich  1  had  said  i(»  them,  wiiich 
not  justify  the  nictho«l!i  that  had  U'cii 

II  pnisecutin<r  the  nolnjity. 

when  1  came  to  l^nduii,  and  had  waitid 
\y  \niA  Melford  and  told  him  this,  he 
p,  the  less  tlte  kiiij;  heard  of  me  or  saw 
Hnuuld  be  the  hotter ;  and  tliat  therefore 
bis  adricc  to  iiic  to  ^o  abroad  and  lire 
,  and  offerctl  inc  a  pass,  wliich  1  ac- 
and  I  accordingly  went  aljroad. 
lam,  Ckc.    *        W.  Carstairs. 

bU  Letter  sets  this  excellent  person's 
id  Buft'erinjcii  in  a  due  li;^ht,  and  i  am 
try  that  hi:  had  ucft  time  and  leisure  to 
s  upon  the  base  mankind  of  hifi  deposi- 
■d  to  insert  the  just  extenuatini^  cirouin- 
ibe  wascareitil  to  give  of  every  thin|>f; 
9  tbese  depositions  were  printed  I  can- 
r,  this  reTcrend  and  candid  person  de- 
bem  iniserahiy  curtailed  and  maimed  ; 
Wfmn  the  nianai^ers  have  heen  sensihic 
■Dd  therefore  ihey  have  not  insert  them 
Icgisters,  but  there  is  a  blank  ibr  tliem 


le  now  to  give  wliat  I  meet  with  in 
wdl 'records,  with  relation  to  tliLs  ex- 
lacy  person,  and  I  shall  I'dcewisc  inter- 
ne tbiof^.  iirom  other  anthentic  docu- 
lefbre  nte,  which  will  in  suiue  measure 
make  up  what  Ih  wanting  iu  his  j»rinted 


r.  Carstairs  is  not  named  In  the  IKegis- 
ConociU  alter  his  coming  donn,  till 
bcr  6,'  and  ii  seems,  from  August  19th, 
lay  be  bad  lien  in  tlic  irooM ;  an!  now 
wdl,  acconliog  to  the  cliancciilor's 
log  in  privatu,  come  tu  pass  an  i\r\  in 
I  !fediTiint,'the  tenor  n  hereof  Ibl- 


eal  Mr.  Wiu.iAM  Cadstvik^'s  lurtuie, 
Edinhmgh,  S4r;)t.  j,  loOl-. 

|ipearing  that  Mv.  ^Villiani  Carstairs  is 
Md  in  the  late  conKpIrary,  and  tiicre 
pm^ant  prosumptions  of'  his  know- 
■rtbis  atrocious  viilany,  to  the  cfTent 
ii  whole  plot  may  be  finown,  and  the 
teMtcated;  ami  having  callrd  the  suiil 
mikaa  Carstairs,  he  would  not  anstvrr 
fine  tbereaoeut,  alboii  it  was  allowed 
llrifoeale,  that  what  ho  drclared  r»r 
It  militate  against  him.  The 


the  contents  of  it  to  some  persons  in  £nglan*H 
but  did  at  that  time  name  no  body,  as  the  depo- 
nent ttiinks:  sometime  thereafter  1^1  r.  Shepherd 
told  the  deponent,  that  he  had  communic&t 

■-■■        ., .  ■   -,.   ,  —  a — ,— . 

*  lords  of  his  majesty's  privy  councd  eonsider- 

*  ing,  that  thereby  he  renders  himiself  most 

*  suspect,  do  ordain  that  Mr.  William  Carstairs 

*  l»e  (piestioiied  in  torture  this  ai\enioon,  upon 

*  thf;  questions  agrc(*<l  upon  in  the  council, 
*■  and  appoint  one  of  the  bailies  of  Edinburgh 

*  to  h«»  present,  and  the  oxecuiioncT.' 

Follow  the  I.NTF.RnocATOKiKs  to  l>c  put  to  the 
said  Mr.  William  Caustauis,  whieh  w^re 
read  in  counril,  and  appi-meu  of  by  an 
unanimous  ^oti*.  ^ 

*  1.    Who    were  the  persons,  ivhere,   and 

<  upon  what  occasion, that  did  first  acquaint }  ou 

*  with  this  conspiracy  or  association. 

*  2.  What  persons  in  Scotland  or  Kn.nfland  do 

*  you  know  to  ha\e  been  concerned  in  the  said 

*  conspiracy. 

*  3.  Who  were  the  great  managers,  or  agi- 

*  tatorsof  this  intended  insurrection. 

*  4.  Wiio  was  to  contribute  the  money  to  bo 

*  transmitted  to  Argyie,  to  buy  arms. 

*  !}.  W  here  wcreiliey  to  begin  the  insnrrec- 

*  tion,  and  whom  did  they  look  upon  as  most 

*  friendly  to  their  cause*  m  the  Kingdom   of 

*  Scotland. 

*  (i.  How  long  have  you  been  acquaint  with 

*  Mr.  rVrgusson,  and  how  o\\  have  you  hcpii 
'  in  company  with  him,  sir  John  Monro,  Fir 

<  John  Cochran,  commissary  Monro,  Baily  of 

*  JerviswoofI,  and  the  two  V.inis  of  Ccsnock, 
'  together,  and  who  other  Scots  or  Knglish  used 

*  to  me>;t  with  you. 

*  7.  What  ivas  the  carriage,  or  ncce^ion  to 

*  this  conspiracy,  or  any  part  of  it,  of  B^jIIv  of 

*  Jerviswood,  flic  two' Cesnocks,  commissary 

*  .Monro,  or  any  other  Scotsmen. 

*  8.  Was  tlie-  ten  thousand  pounds,  or  any 

*  part  of  it  remitted  to  Argyie,  or  was  thew  any 

*  arniK  hout^flt  or  bargained  for. 

*  9.  What  place  in  Scotlan<l  did  Argylo  intend 

*  to  land  iu,  and  inak»^  a  drsMjent. 

*  10.  W  hilt  cornrs|iondeuce  did  Ai^yle  keep 

*  with  any  in  Scotland. 

<  11.    What    concern   in    this    consniracy 

*  had  the  carl  of  JiOwdun,  the  lord  Stair^  the 

*  li»rd  Melvil,  an,d  sir  John  Cochran. 

'  1?.  At  your  Inst  Ii. 'ing  in  Holland  did  you 

*  not  so«;  or  understand,  that  Argyie  conversed 

*  or  <;s»rr<:sp."iy.ed    with    Lowdon,  Stair,    and 

*  >l<!vil,  as  lil'.i-wLKC  with  thf^  English  considf 
^  n.lurs  who  had  f.»>J  to  Ho!l:iiu1,  pnrtirularly 

*  with  t!ic*  lorl  Cray,  *:ir  'Miomns  ArniNtning, 

*  Mr.  Fci-*u*sMi,  <ir  IMr.  V.mo. 

*  13.  What  Kilter-;  u  ere  those  u  hich  Holms 

*  drpuntis  he  sluwcil.  van  fi-»)ui  Argyie,   and 

*  what  was  the  conlcnrs  anil  di-sign  ot  thi'in. 

*  14,   What  was  the  c(»ntti!ls  of  the  leltcr 

*  you  carried  to  Ai-gyle  from  Holms,  by  order 
'  :iiid  direction  of  the  duke  of  MonnK^utli,  and 

*  loitl  Hu.s34^1,  and  what  incsspgfi  was   il  >u-J 

<  carriid  to  Xv:\\*i  from  Mouiuouth  aiUl  Kus- 

2Y 


C91]  STATE  TKIALS,  36  Charles  11.  iS^^-^Trial of  DaiUU  0/ Jamim^oi,  f601 


I 


die  C0Dt4^U  of  the  leiter  abovr-Ddmed  to  c»- 
lond  8iduey,  and  tli^  oitJone)  DAnvers  was 
prt«ent'^  uiid  told  the  dcpcment,  th*t  colond 
^dtiey  Mr^b  averse  iVocD  tniptu^iag  the  late 

*  iel ;  Af  t]its  let(er  jou  tosiy  p^kiticukrly  re- 

*  member,  tl  beiii^  about  a  cntjuih  before  major 

*  Holms  was  ukei!. 
16*  ^Vh'»«    ii*r»nnN  yf  roiisideratloi]  were 

^y»  wb<i.  I  luajur  Holms,  hat)  pro- 

osedtor.ii  tbirty  thousand  pounds^ 

^  And  some  other  suin^  and  at  last  agreed  to  re- 

*  mil  ten  t  bull  sand  pounds  to  Argj^e,  or  some 

*  sum  or  o>bcf» 

*  IG.  What  njwsnget  were  those  you  canie 

*  80  otY  iipiKi  Inuii  Jcrriswmid  to  major  Holms 

*  and  Mr.  8bep|ierd,  aneut  that  money  to  be  re- 

*  aiiited  to  Arg*yle» 

M7.  Did  you  not  see  Mr*  Spence,  alias 
[  Biitier.  uaitiner  on  Argyle,  at  your  last  being 
Holland  with  him. 

18.  Are  vou  acquaint  with  Mr.  Lenzienson 
3ore  of  Keottrdcn,   wh^rc  you  was  appre- 
rli«  ii'l^^I    it  iMr*  Cartt^ise^s  house,  under  the 

*  !  ^van,  and  if  be  be  concerned  in  this 

*  i 

•  19.  WiiJttdo  ymi   know  of  Aaron  Smith's 

*  bt'inj^  sent  ilown'to  Scotland,  and  to  wliom  lie 

*  Ha!i  directed. 

•-  *  20,  What  do  yon  know  of  any  of  your 

*  r<  .  rf s    transactiDns     with    tjie    late 

*  >  ,  colonel  Sidnty^  or  with  the  duke 

*  ot    v^uitnututh. 

»  '*  In  the  afternoon  of  thcsamc  day, September 
6f  llie  coimcil  called  and  interroj^ted  Mr.  Car- 
•tairs,  ^  If  he  would  now  answer  the   queries 

*  upon  oath  ingfeuuousty.  He  still  sbiinned  so 
'  to  dn,   albeit  the  advocate  declartn]  what  the 

*  iaid  Mr.  Carstairs  de|^M>ned  should  not  mili- 
*|ate  or  operate  against  him  in  any  manner 

*  of  way,  whereunto  the  council  ajKiontcd.  The 

*  conned  called  for  one  of  the  bailies  of  £din* 

*  burgh  ;  and  the  executioner  with  the  engines 
f  of  tort  are  being*  present,  the  lurd  chancellor 
'  coin  maud  ed  the  bailie  to  cause  tb&  executioner 
1  to  put  him   to  the  torture,  by  applying-  the 

*  thumb-screw  to  him,  which  being  done,  and 

*  he  liaving  fur  the  space  of  an  hour  continued 

*  in  the  aj^ony  of  torture,  the  screw  being  by 

*  epace  and  space  stretched  until  he  appeared 

*  Dear  to  faint ;  and  being  stiti  ob«tijiate  and 

*  refractary  to  depone,  the  lords  thought  fit  to 

*  «»se  Lim  of  the  toriura  for  that  time,  but  ccr- 

*  lified  him  that  to  motTow  at  nine  of  the  clockf 

*  he  would  be  tortured  by  the  boots  if  he  re- 
^■lained  obstinate. 

**  Heptember  6."  *  The  lord  tTeasur^r-de- 

*  pule,  appointed  to  confer  with  Mr.  William 
•fcaistaini  for  biiDging  him  to  an  ingettoui 

*  confession,  u^n  the  interrogalories  yestenlay 
'  put  to  him  in  tortnre,  reports,  tliat  he  was 
'  content  to  depone  thcreupou,  and  be  inge- 

*  i»"--  t  ■  on  the  trrius  mentioned  in   a  paper 

*  '  V  the  lord  treasurer -depute.  Wh*cU 

*  1  :^  read  and  considered,  wafinnani- 

*  1  f-d,  and  an  act  made  tltereupon, 

*  '  ;'l  trt^awiu  dcpult'  \fm  &Utb«ri2id 


rarl  of  Argyle, " 
him  a  msin  tmi  1 
mily,  and  inGiinLii  i 
vernmcnt ;  yet  Mr. 

*  to  give  hi<  word  of  honour  t'» 

*  for  perl'ormioi^  *»f  the  counci  I  =,  j 

*  articles  contitiue^l  in   the  paper 

*  them,  he  always  |K-Tftiniiiii»r  his 

*  he  is  onleretl  lu  the   < 

*  permititrd  to  i!t|>trakor  con 
^  particularly  My.  W^ilhani  bpt-nce  iii  nut  to  bt 

*  suffered  to  sett  liim.     And  a  cbinirgroo  i«  aU 

*  lowed  him  in  onler  to  bin  cure,* 

**  All  I  meet  with  in  tlie  eouncil'hoolc^  ftir, 
ther  upon  thefiubjert,  is,  Mrs.  W^illi.u     ^ 
and  Carstaire  are,  Septcmlier  i;l,  r* 
Dunbarton  ra.s||c,   and  dlowe<t    '  ' 
thewalis.     And  SeptcmlxT  ao, 
is  0  rde  red  from  D  u  n  barton  to  N .  i  1 1 1 1 1  -  i  ^  1 ; , . 
and  to  be  at  lurffe  within  the  wall*  of  jt     .An*! 
immediately    afi^r  this,   upon  the  ft""i  i'''  <  - 
page  5ir,  of  this  volume,  Uiefe   I 
fiinncd  to  tlie  leuf,  upon  which  U 
tows.**     *  Tiic  lord  Lnndui,  se^: 

*  as  com  mission  ate  in  the  act 

^  m  the  underwritten  certi^cate  U»  the  lici 

*  council,  dateti  at  llamtonn  October  U  ^f"-^> 

*  the  tenor  whcretif  followa,  Whei^eas  bis  cut- 
*jesty*8  liononrable  pnvy  council  aiitbortsd 
'  me,  upon  the  terms  mentioned  in  thefdngWDg 
'act,  tobefolHIled  by  Mr.  Carstairs,  t^nn* 

*  misc  upon  my  word  of  hnr-r-  -      rocnrf^htia 

*  the  conditions  and  indi  i  reia  mm- 
Mioned ;  and  these  t^re  tlu.,.  ..  ..1  testiftio 

*  all  concerned,  that  the  said  Mr.  CaiWiin 
*■  hath  futtilled  bis  part,  b^^  answering  upon  ctlb 
'  all  questions  pro|>on«d  to  him  preccJfiig  Ibii 
'  4lay>     in  witness  thereof  these  pr^^ata  m 

*  snbacribed.  I>nuM)«oiif», 

'  In  obedieiice  to  which  met  and  certiAerie, 

*  the  clerks  of  council  delivered  to  the  !«aid  Mr. 

*  Wm,  Cantairs  the  act  of  council,  of  the  dati«f 
'  the  sixth  of  September.* 

'^And  llien  in  the  rcjftster  there  fotbwsi 
bl  ank  for  two  pages  ta  fobo .  W  bet  her  t  bis  v«l 
left  to  lie  fidad  up  with  the  deposition  of  lh% 
reverend  Mr.  Carstairs,  and  its  bising*  prioleii 
in  90  lame  and  maimed  a  imiuier  prerettled  llf 
being  filled  up,  or,  atier  it  was  printed  tfi  a»  so* 
fair  a  manner,  that  they  were  ashamed  to  in* 
sert  in  the  registers  a  just  copy  of  his  dej^i- 
tion,  with  the  circumatances  and  exteauatiimi 
he  gave  UjMin  oath,  or  what  the  oceasion  wt% 
I  cannot  determine  -,  but  thus  it  stands  iu  lU 
council- book  Sf  and  1  fiikd  no  tnore  with  reUM 
to  him. 

**>  That  I  may  give  tlie  reader  all  I  have  f«r* 
ther  coQceming  with  Mr,  Carstairs,  1    ' 
an  account  given  by  himifelf  in  a  h 
friends  at  tlie  time  of  his  detiositioiiM;, 
venting,  as  he  tells  thcm»  of  lying  ais|j 
.  u(»on  liiniif^lf,  and  battsfytng  tiicm  as 
conduct  in  this  matter. 

*'  Tht^  reader  will  observe,  that  the 
iu  their  act  of  the  sixth  of  September, 
fio  tml^  a&  to  mmn  Ibo  papta-  of 


i 


STATE  TRIALS,  Z6  Cbai1B«  tL  1«»4.— /«r  High  Treaton.  f69l 


II 


W  wtrni  to  dm  mH  of  Ai^le;  but,  as  fir 
Wwphtfrf  told  lufi]>  He  ww  BuapcclfU  open  the 
—  '  of  iiig  urging  so  much ;  yet  afler- 


ifrael  ta  hy  tkmr  delegate  aiid  Mr.  Carvtain, 
mmk  lb«y  oufht  ia  jQstictt  to  have  done. 
Minis  tlnfte  tm3iillkm%  were  eo  unanimously 
Iffvotm  :  Mid,  us  I  tiifjU*il  b«fur«,  tht y  record 
•uttitrri-  of  ifhiit  (Missed  at  Im  fxaniinaiiou, 

ui4)fe  oeeemry  I  insert  the  con- 
iftfius  Mr.  Csrstairs  oM^ined  before  he  ^ould 
|itf  bio  doelaralion  upon  ooib,  no  to  the  inter- 
obaye  nftin<ed.  In  his  present  cir- 
sad  atler  he  bo<l  gonn  thrau&^h 
neiwnur-  :  -  •  t  tthe  b«st  condi- 
*■•  po**^^  J    he  shouhi  My 

Ibonhld'  ! »  V  ir-  rniiilor, 

jmotititi  iiiihe 

•cr»tor>  h  were 

*«o«i  b>  faith 

•Ttlie  km  li  ;  availed 

onb  btCDietf  M:»  give  hi!>  deposition. 

Ceicim(»s   Mr*  Carsturs    had^   Edinbiirg-h 
Giide,  1684,  tiDder  the  Secretary's  hand. 

-  «T       '7      '  -erall  interroga- 

*fc'  fieiwixt  and  the 

*lr^  "1  *  '  at  uuth. 

*TW  •  11  have  hm 

^tt^pilf  ••  'li  ii«i  n  fTu^>^gnJ  for  his 

*  Ml Jw»  Ibr!  ^  uiid  tame. 

'^Oib4*  *li  '  Iwought  as  witness 

torj^  directly  f»r 

^      luiiued  in  lus  an- 

*  ilod  fbrtfacr»  That  tlie  sotd  5Ir.  Williau] 
'CnOuiBoluill  orrer  be  inlerrti^tetn  torture, 
*«  auc  of  ihe  aojiie,  oonceriiiug^  any  tJiiug 
'fneadiDi^  th«  date  of  this  paper,  alter  the 
*)i|abofeaimti(ined^  except  he  himself  shall 
^kddilod  OK  aoceosory,  and  that  accession  to 
'bflClor  llio  dole  oti  tfiis,  or  his  retniosion/ 
I  ^  *Mmi  wbcraoo  the  coum  tl»  upon  the  con- 
[taiiiii'i  ^  obavenomed,  haiti,  by  their  act 
'  6t  aulh«»rii£eil  lue  to  give  my  word 
*fihmam^  oml  snlentu  promise,  that  60  aooo 
^oiMiopreiakeo  are  fn]fi\h'i\  Uy  Mr. 


k 


MlWydoisioL 
tb« 


OtiU  tirg^cd,  that  one  might  |  wards  he  pretiod,  withoift  the  depntienl*f 
knowledg^e^  that  the  deponent  beini^  to  gr^  «^ 
Holland,  howrerer  mfg^ht  hare  «omc  amunii!!* 
sioQ  lo  the  earl  of  Arfry)e;  which  he  having^ 

maimed,  and  unfair,  as  we  hai*c  seen  Mr,  Car- 
stairs  declann^^  and  therefore  1  nhall  not  re- 
print them  aj^n  ;  they  are  in  eitTv  Iwidv'o 
nandt  and  have  been  too  oflen  pri^  ly. 

*rlt  wai  yet  a  great  deal  wor«c  i  1  vo- 

cnte^  to  adduce  the  printed  copy  as  an  admrni'^ 
cle  in  Jerrismood's  trial ;  and  the  reason  ho 

S'fefi  therefor  thisi  is  but  mere  ju^^gling^,  that 
ou^h  it  was  capitulate,  be  (Sir.  Car&taim) 
shouJd  not  be  adduced  as  a  witness,  yet  it  waa 
agreed,  the  depositions  should  be  puhlisbed.  If 
the  ailvocate  mean  any  agreement  amon|gf  tho 
councU,  it  is  perfect  jug^hng-  ;  if  he  mean  on 
agreotoent  witli  Mr.  Corstairs,  th»t  worthy 
persoti,  while  alive,  still  disclaimed  this  t  and 
we  see  it  is  Ihr  from  being  in  the  condi-> 
tions,  but  rather  the  plain  contrary  ;  for  it  wao 
a  poor  matter  to  Mr.  Carstairs,  not  personally 
to  be  adduced  a.^  witueos.  If  his  declamtions 
emilte*!  were  to  niihtate  against  others,  ho 
reckoned  he  was  made  a  witness  \  and  this 
was  ccrtaiidy  an  indirect  making'  him  a  wit- 
ness :  and  it  appears  most  evidently  from  Mr: 
Carstati^'s  own  letter,  that  one  condiiiun  ollereit 
him  was,  *■  That  nothiti^^  he    said  should  bo 

*  brou<rbt  directly   or  indirectly   ai^amst  any 

*  man  in  trial.'  And  when  he  was  solicited  to 
apj>ear  before  the  Judges,  his  answer  was,  *  Ho 

*  had  railier  undergo  many  deaths.  i^»at'  H*"<^M<i« 

*  any  of  those  worthy  persons.'  ^  ^»ii 
t  he  whole,  I  cannot  but  suspect  that  ^;  -r- 
mwood^s  printed  Trial,  where  Mr.  €arstatrs*o 
depositions  are  said  to  be  renewed  upon  oaih.  the 
22nd  of  December,  in  presence  of  his  majesty^s 
privy  council,  as  being  directly  contrary  to  tli# 
second  and  third  conditions  granted  him.  I* 
find  nothing  of  it  in  the  council -rt^gisters***    * 

'*  Many  reports  were  spread,  and  lying  sto*" 
riestold,  as  if  Mr.  Carstairs  should  have  spokeu 
many  things  to  the  disadvantage  of  the  noble- 
men'and  gentlemen  about  whom  he  was  totof*-' 
rugate  \  which,  with  what  fell  out  in  Jerns*' 
wood's  trial,  grieved  him  exceedingly,  and  ho 
wrote  a  letter  lo  bis  friends  about  this  time, 
from  which  I  shall  give  a  few  more  hinti^,' 
passing  many  things  already  noticed,  and  with' 
them  end  my  account  of  this  worthy  person,    ^ 

•  He  testihes  his  ftbhorrence  of  any  design* 

*  against  the  king  or  duke's  life  ;  that  all  hJo' 

*  countrymen  with  whom  be  spake,  were  free 

*  of  any  design  against  the  king  or  govem- 

*  ment,  and  that  he  frequently  told  the  lordo 

*  who  came  to  him,  this  whole  affair    upon 

*  which  ho  was  questioned ,  amounted  to  no 

*  more  than   talk,  without  mo   mnch  as  any 

*  formed  destgii,  and  even  talking  was  much 

*  broke  off,  before  the  discovery*  of  tlie  plot. 

*  He  shewed  them  how  unwilling  h«  was  lo 

*  bring  any  man  to  trouble,  and  tiiat  it  c<»nld 
'  not  but  hv  very  grievous  to  him,  to  be  forced 

*  tosfieal(  of  Any  who  had  trusted  him  as  a 

*  friend,  eirprcially   whan  the  buaiuoftO  BCfor 


Carstairs, 
I  'lilpU  ildtftr  bioj  ll's  act  in  those 

*1lBigs,  aod  lu  a  n  tmie  therealler, 

1  *»l  mociiiog  a  nuiDili*  hio  miifeotyV  par- 
I* j(iS  in  ampk  fbrtu,  above  expreot :  there- 
>  my  prooiiise,  give  my  faith  to  Mr. 
,  iu  mannor  above  exprest,  time  and 
talore  said.^ 
**  Hio  iH^itiona,  without  his  knowledge, 
io4lahiogn«f,  aodocaroe  agreeable  to  these 
nKliliosiv  wcfo^  tn  a  few  hoiirs  aj^er  they 
9m%  iaodt»  pcioted  by  the  managers,  and  ci  y  • 
P|  hi  the  oifovta  of  Edinburgh.  Mr  Lar^ 
isiii^Iar,  and  such  unlkir 
1  lO  his  mind,  otherwise 


te  owild  hare  ttlon  core  to  prevent  it,  if  cou- 
iMiiona  wouli  hofe  boustd  thow 


those  people^  as  in- 
Dopoaitiooo    art    biao, 


695]  STATE  TUHLSbSfi  Oh AKLB$  II.  l€B4^niglafamUiB&fJltnUuH>Qd,  [AM 

informed  the  deponent  of,  tbe  deponent  told  buiigrh,  Ma  matter  of  the  gmteit  teportaaci. 
liltn,  that  he  himself  wonld  nut  be  coDoerned;  "^ 
but  if  they  would  send  anotlier,  be  woukl  intro- 
duce liiiii ;  but  notliing'  of  this  was  done :  upon 
%rliii*h  lite  deponent  went  over,  without  auy 
couunission  from  any  body,  to  Holland,  never 
UMCting  tvith  Jameii  8teuart  above-named : 
he  was  introduced  to  the  earl  of  Argvle,  with 
whom  hii  had  ncicr  before  conveni^,  and  did 
there  di.s?t>urso  what  hail  past  betwixt  Mr. 
^ihcpberd  and  him ;  and  [mriiculurly  al»out  re- 
luittiu&r.oi'  itintiey  to  the  8aid  earlfrom  Bnif- 
\'Mu\ ;  of  which  ttiesaid  Mr.  Steuart  had  written 
to  the  d(.'(>aneut,  riimely,  oi'  :>u,0</0  |K>uuds 
Cterlin^;;  und  uf  thoTaiMiifr  of  ILKK)  horse  and 
drj;;(N»iiS ;  anil  the  hccurin^  thu  castle  oi'  Kdin- 

*  cau:c  to  any  hearing:,  or  to  that  hei<;ht  as  to 
*■  bs  anj'  way  prejudicial  to  the  npovrrmneut. 

*  As  to  the  objection   made  a;ruinst   him, 
'  Tiiat  he  had  hccu  sui  particular  in  liin  <:on- 

*  fosbions,  he  savi^,  that  c<»uld  not  be  cscn|>ed, 


'  iiis  intorro«:i^trries  were  st>  [inrticular,  ami  he 

*  upon  iKilh.*'  We  lia\e  bciore  noticed,  how 
his  extenuations  wcreoniitled ;  he  ailds,  ^  That 
*•  he  had  declared  as  t»  my  lord  M  civil,  his 

*  {;roat  aversion  to  be  any  way  concerned  in 

*  that  alfair  ;  atid  so  fair  \ias  he,  that  he  ac- 

*  knowlcfl^d  he  himsell'was  the  person,  who, 

*  with  difiiculty,  prevailed  with    my  Ion'    to 

*  come  to  tlie  meetinj;^.    As  to  old  Cesnoc      ae 

*  said,  he  was  a  man  so  cautious,  and     .  so 

*  few  words,  they  knew  not  what  to  make  of 
'  him ,  that  his'  son  was  much  upon  the  re- 

*  acne  ;   that  he  had  nothinf^  to  say  of  the 

<  lord  Stair,  and  did  imt  think  he  had  any  know- 
« ledffe  of  their  nieeiinvfs,  and  that  he  had  never 

*  spuke  with  lir.ii  u|ion  that  head :  he  com- 

*  memled  Mr.  tStiiurt  much  for  his  peaceable 

*  temper,  an<l  acknowledged  liis  corres[K)nd- 
'  ence  with  him. 

*  That  he  had  never  conversed  with  the  duke 

*  of  >loanKmth,  and  what  was  in  Holms*g  de- 
'  claratiun  was  a  mistake  ;  and,  for  any  Xhiufr 

*  he  knew,  the  duke  rather  discourageil  as  en- 

*  courai;:e<l  the  alfair  ;  that  Mr.  Carstairs  was 

*  much  a  straii£^^:r  to  the  methods  in  Scotland, 

*  as  to  this  business,  and  could  t;ive  no  account 
'  of  any  uiinisiers  en^fred  in  it.     He  com- 

*  mended   Lanj^sliaw  as  a  persou  very  much 

*  tor  intKlfrate  ineasmtM,  and  addressmg  the 
'  king-  aiieiit  g;rievaneea.     All  this  aiul  iuuch 

*  more,  hesays,  hcKigniticiltothe  lords  of  the 

*  cunui'.ittee  present.' 

'  In  tliu  s'iine  letter  he  resyrelN,  that  hisdc- 

*  iMsitiors  were   read  in  the  enujinjil   court, 

*  and  says,  That  be  was  so  fiir  Iroiii  knowin;^ 

*  of  it,  that  uptm  heuriuir  of  it  lie  ^\cnt  ami 

*  waited  iifKiu  some  ot'tlie  lonls  fit'eu'nicil,  and 

*  represented  his  deepcoiin  ru  (*n  ilmtrtcefiunt, 
*•  and  cduinlaiued  of  ii  cs  a  brt-ijch  f>f  tli*  ir  con- 
^  ditiuns  vu'Ji   hlni ;    and  tliiit  Vw  ehunccHor 

*  iiijxni  reaiiiniT  tht  ei.i''iitiMu>i  4;\vned  h'-t'on.- 
'  the  iiva^urer  and  i.t!:*  vs  of  ih*^  r:iiun>LH(irs, 

<  tiiai  wliai  was  done,  was  indteda  l»rcacli  with 

*  him,  an  inadverten'v.  thon(r;i  uitliont  any 
'  design,  in  the  udxjcnte ;  that  the  advocate 


The  method  of  duinn^  tliis  was  prapoaod  by  tha 
deiionput,  to  be  one  hour,  or  then^,  after  tfaa 
refietinur  of  the  |ruards:  but  tbe  earl  did  not 
relish  Um  pn>|)osition,  as  danjccroua :  and  that 
tlie  castles  would  fall  of  conseqnenoe,  after  the 
work  abroad  was  done.  Jameii  Kteoart  iru  of 
tbe  de|Ninent*s  opinion  for  seising  the  caitle, 
because  it  would  secure  £dlnburf|rh,  tiie  ma* 
^azines  and  arm«  ;  as  to  the  1000  hone  and 
dra<^uu]is,  my  lord  Ar^f}  le  was  of  opinion,  that 
without  them  nnthiny;  was  to  be  done ;  aoil  if 
that  numlier  were  niiscd  in  England  to  the  aid 
earl,  he  would  come  into  (Scotland  with  them; 
and  that  tliere  bein^  so  tew  (lorse  and  dragaoei 
to  meet  them,  he  ju^lgcd  he  migrht  get  thi 

«  himself,  uhcn  Mr.  <  arktairs  waited  on  hiia, 

*  declared  he  Has  indisposid  when  the  ooundl 

<  transactcMl  that  ati'air,  and  did  not  fully  know 
Mhem.     \Vhrrcu|>on  Mr.  Caratairs  gpve  faia 

<  a  co[)y  of  thc:ii,  siifnifving  to  bis  lonkfais, 

*  that  lie  cxi>e4'te<l  the  iaiih  ^iven  him  sliouU 

<  have  Ih( II  kcfit,  and  he  ho|M>d  any  thinjf  ho 
'  had  coni<>sed  slimitd  never  be  heard  of  any 

<  more   in  publi«',  against  any  man:  and  ttfe 

*  rather, 

*  That  when  he  was  called  from  BMog 
*■  eastlr  iK-fore  the  lonls,  tliey  used  many  ar- 

*  t;umcnts  with  him,  to  give  a  ;rciieral  accoonl 
'  before  tbe  jusiico-court  of  the  siihflianei!  nf 
«  his  confessions  to  them  ;  ytl  be  si^fied  bii 

*  utter  a\ersion  to  it,  as  what  would  he  a  wit- 

*  nessinfi^  as^ainst  all  whom  ho  mentioned,  iod 

<  the  lords  were  pleased  to  tell  him,  thev  woaM 
«  rather  die  than  break  conditions  with  hia ; 
*•  which  he  de|>cudcd  U|Km. 

*  Those  thiu||^  Mr.  Carstairs  desires  in  faia 

*  letter,  may  boused  for  the  i^roatest  advanUpe 

*  of  all  ci>ncpm*Kl ;  ami  says,  it  was  dccland 

*  by  the  lonls,  and  believwl  by  him,  that  vhit 

*  he  discovered  was  for  their  private  satiifre- 
'  tion,  and  not  at  all  to  militate  a^inst  any ; 
'  and  adds,  the  uuture  of  the  thinf^  declares  lO 
»  much,  sincetluMnterrotjatciries  propounded  is 

*  him  were  such  as  could  not  well  be  propowd 

*  in  a  rriminal  court,  and  answered  by  him  in 

<  a  way  he  c(»uld  not  well  liave  answered  tbon 

<  as  a  witness,  and  in  a  way  of  proof,  suid  that 

*  the  lords  still  assured  him  they  would  kcfp 

*  then'  promise  to  an  acre.' 

**  Thus  much  I  thouifht  nrccsaary  tor  tfce 
just  %iiidf cation  «f  the  nieinor\'  of  onetoifh«Mn 
the  Clnirch  of  ScirtUiid  are  umWr  uldiipitioaSi 
whose  character  is  so  universally  kuowo,  and 
sa\oury  lor  e\orv  j^ood  tliin^«  that  I  aayno 
more*  of  him.  'f\w  people  of  tlii»  time  knrw 
his  character,  and  therefore  they  weresobaid 
upon  him  vvhen  in  their  clutches  ;  and,  fcf 
hreiich  of  eomlition,  adduce  what  lie  had  aaid 
ill  .If-rviswoiHps  pn»eess,  as  wliat  they  iioa- 
jf ined  woulil  he  of  irreat  weii; lit,  coiiiini;  fmia 
Mr.  Carsiairs.  This  is  all  the  reason  I  baft 
fur  insist i lie;  so  Iniio;  in  settin«f  tiiis  ^n'st  man's 
siiH'enii:^  in  their  due  li^t,  and  come  aov 
I'Tuard  to  those  of  his  dear  ft-wnd  and  leliov- 
bufier».'i-.** 


flTATB  TRIALS,  $6  Charles  II.  l694.-^«r  High  Treoian. 


[698 


ilhoul  tronWey  having  tach  a  stand- 

SBrtharfriaidstoreiKlesvoiisto;  and 

id  nid  lie  eould  shew  the  de|ionent 

uentphioeB  tor  laQdin:;,  if  he  under- 

,  as  the  depoDent  remembers,  where 

tmld  attend.    The  deponent  remem- 

bt:  naiHes  of  the  places.    The  depo  • 

e  to  the  lord  Stairs,  but  cannot  be 

at  he  named  the  aOair  to  him,  but 

shy :  but  the  earl  of  Aiyy  le  told  him, 

t  Stairs  mig^t  be  gained  to  them ;  and 

«rl  of  LowUoun  being  a  man  of  good 

d  disobliged,  would  have  great  in- 

pon  the  country,  and  recommended 

ept  to  nugur  Holms,  with  whwn  the 

liad  some  acquaintance  before,  and 

ht  over  a  latter  from  him  to  the  earl 

;  but  the  deponent  had  not  then  com- 

I  anv  thing  to  the  said  Holms.  James 

id  down  a  wuy  of  correspondence  by 

ad  false  names,  and  sent  tnem  over  to 

d  the  deponent,  tor  their  use  (which 

uid  names  are  now  in  the  hands  of 

ty*s  officers,  as  the  deponent  sup- 

d  did  desire  the  deponent  earnestly 

e  Che  30,000/.  sterling  above-named 

ty  in  Ens^land,  and  did  not  prO]>ose 

for  SLU  the  ear)  told  the  deponent,  he 

cularly   calculated  the  cxpence  for 

munition,  <&c.     But  James  Stcuart 

if  some  less  could  be  had,  the  carl 

lent  hinrweH;  if  better  might  not  be; 

li  always  s:4id,  that  there  was  nothing 

i  without  I  he  body  of  hoi<se  and  dra- 

ve- mentioned.     f>urin$r  the  time  of 

ent  his  nhrHfp  in  Holland,  though  he 

ftl  leiters  from  Khnphard,  \ct  thrre 

Btisfac'tory   act  cunt,  till  soiiu-  time 

depouft'ut  |iarted  from  the  earl  of  Ar- 

was  niukinf^  for  a  shin  at  liotlcnjain, 

rt  hiniSL'lf  to  England,  J  an  if  s  Stcuart 

im  that  there  was  hopes  oft  he  money. 

day  after  the  deponent  came  to  Knij- 

net  with  sir  John  (-oehran,  who,  witli 

r   Monro,  ainl   Jervis\«ootl,  was  at 

Bfbre  he  came  over ;  and  deimns,  that 

I  n«it  the  accnnnt  of  lh(ir  ^onli^<,^ 

R  fur  the  perfecting  the  transaction 

nlina:  and  having  aefiiiainted  sir  John 

vith  the  imrl's  demands  of  ihe  30,000 

ierling,  And  ilie  1000  horse  nw\  dm-  \  desire  their  friiindH  to  hinder  the  country  from 

John  carried  him  to  the  lurd  l^isscl,  I  rising  or  takhi'^  rash  i-esofutions  upon  the  ae- 

the  de|M>ueut  proiH>sbd  tlie  niViiir ;  hut  i  count  of  the  council,  till  they  should  see  how 

ihKolute«itMn*^iT  to  the  disponent,  had  i  mutters  went  in  England.    *The  saiil  Martin 

Irom  him  at  that  time  ;  but  af'ter'.^  arils  j  did  go  at  the  chargi*s  of  the  gentlemen  of  the 

et  him  nrcntieiitiillv  at  i\1r.She>diard*s  ■  minting,  and  was  directed  to  the  laird  of  Pol- 
wart  ami  Torwo(»d!ie,  who  sent  liat-k  word  that 
it  would  not  l»c  found  so  easy  a  mattiT  to  ^,:t 
the  gentry  of  hu^jtland  to  connn*.  Hut  af- 
terwards ill  a  Ifctter  to  eommiKsar  ^loiiro.  l*o| 
wart  wrote  that  the  cou'itry  was  readic  rin  umi- 
cur  than  they  had  inui^^ineil,  or  snn.eihin'^  to 
that  purpose.  The  dtpon'-nt,  us  nhtui  s;uil. 
having  hniught  t)vcr  a  k»*v  from  Ihdi-iid,  t*> 
serve  himself  and  majiM- Holms:    lie  remoni- 


once  in,  they  would  soon  be  brought  to  more ; 
but  as  for  the  1000  horse  ami  dragoons  he 
could  say  nothing  at  the  present :  for  that  be- 
hoved to  be  concerted  u|K>n  the  borders.  The 
de)K)nent  made  the  same  proposal  to  Mr.  Fer- 
guson, who  was  much  concerned  in  thu  affair, 
and  jealous  for  the  promoving  of  it.  Thi« 
Mr.  Ferguson  had  in  October,  or  Npvcmlter 
before,  os  the  deponent  remembers,  in  a  con- 
versation with  the  deponent  in  Chca[)side,  or 
the  street  somewhere  thereabout,  said,  I'hat 
for  the  saving  of  innocent  blood,  it  would  be 
necenary  to  cut  off  a  few,  insinuatiug  the  king 
and  the  duke :  but  cannot  be  pctsitive  whether 
he  named  them  or.  not.  To  which  the  depo- 
nent said,  That's  work  for  our  wild  |»eople  in 
Scotland,  my  conscience  does  not  ber\e  me  for 
such  things;  afler  which  the  dc|>oncnt  had 
never  any  particular  discourse  with  Ferguson 
as  to  that  matter ;  but  as  to  the  other  aflair, 
Feigtison  told  the  deponent  that  he  was  doing 
what  he  could  to  get  it  effectuate,  as  particu- 
larly that  he  spoke  to  one  major  Wildman, 
who  is  not  of  toe  deponent  his  acquaintance. 
Ferguson  blamed  always  Sidney  as  driving  de- 
signs of  his  own.  The  deponent  met  twice  or 
thrice  m'hU  the  lord  Melvil,  sir  John  Cochran, 
Jcrviswood,  commissar  Monn*,  the  two  Cess- 
nocks,  ^rorjtgomery  of  Landshaw,  and  oue  Mr. 
Veitch,  where  they  discoursed  of  mone^  to  be 
sent  to  Arg)  le,  in  order  to  the  carrying  on  the 
affair ;  nnd  though  he  cannot  lie  positive  the 
affair  u-as  named,  yet  it  was  understood  by 
himself,  an«l,  as  he  conceives,  hy  all  present,  to 
be  tor  rising  in  arms  for  .XHitityiiig  the  govern- 
ment. ( lommissar  Slonro,  lord  Melvil,  and  the 
tuo  (yiisstim-ks,  wore  against  meiUlling  with 
the  KnglLsh,  because  they  judgetl  tht>m  men 
that  would  talk,  and  would  not  do,  but  were 
more  inclined  to  do  something  by  themselves, 
if  it  could  he  done.  Tiie  lord  Melvil  thought 
every  thing  hazardous,  and  then'fore  the  dc- 
p«»nent cannot  ^ay  he  was  positive  in  any  thing; 
hut  was  most  inclined  to  have  the  duke  of 
Monmouth  to  head  them  in  Scotland,  of  which 
no  particular  lueihcMt  was  laid  down.  Jcrvis- 
wood, the  dcponinit,  and  .^Ir.  Veitch,  were  for 
uking  money  at  one  of  these  meetings.  It 
uas  resoiveu,  that  Mr.  ^Isrtin,  late  clerk  to  the 
justiee-cuurt,  should   l>e  sent  to  Scotland,  to 


ethe  loni  Jtussel  had  eome  to  speali 
iril  alKiut  the  money  ahov<  -n;mirtl,as 
bani  told  the  depunr'nt :  Tbi-  deponent 
ley  were  done  KiK'aking)  desired  to 
tekird  Kussel,  whieh  the  lord  Kussf  I 
IKvng  reiterate  the  former  propositirm 
8/.  iterling,  an<l  the  lOOO  horse  and 
,  Ik  the  lord  Huss(>l  t<dd  the  drponent, 
ldllol.ect  so  much  ralseil  at  the  time  ; 
cykaiT  10,000  pounds  lo  hrgin,  that 
■w people  in;  and  when  they  were 


hers  not  that  ever  he  had  an  exati  e^i'y  '*'   »« 
but  that  sometimes  the   oii«,  souiH»ii»''^  '"*' 


699]  STATE  ntlAU^MCsAitls  If.  l6S4,— TVU^JMBIr^JlEfiinm^  (70t 


»p^  hf  ftnd  10  it  chmoed  to  be  in  lus 
dy  when  %  letter  fiftrm  the  eaH  of  Arg^le 
n^  to  major  Holms,  intiniAtiDgt  tiiat  b« 
■miM  imn  with  the  duke  of  3!i>Dmoutbf  and 
f  m«t8ur<«»  01*  obey  his  dtrt^tions. 

.1  I     ^  dtch  thought  fit  to  communicate  to 

r  duke  of  MoTimouth,  and  for  tlie  under- 
andtog  of  it  wia  brought  to  the  deponent, 
jid  be  (fave  the  key  to  Mr.  Vdtch,  who,  is 
[ihe  deponeut  wasintonned,  fra«  to  give  it  and 
]li(!  letter  to  Mr.  Ferguson,  and  he  to  shew  it 
[to  tlie  duke  of  Moamouth  ;  but  what  was  done 
~  I  it  the  dcjjoiient  knows  not.    The  dep<»Deut 
I  the  flesi^n  of  killing  the  king  and  iluke, 
[  Mr.  Shepherd,   who  tokl  the  deponetit 
ome  were  full  U(H)t)  it.     The  deponent  heard 
[  Aarou  8roith  was   sent  hy  lliose  in   Eng^ 
J,  to  call  sir  John  Cochran i  on  the  account 
'  Carolina  ;  hut  that  be  do<r»  not  know  Aaron 
nith,  nor  any  more  of  that  matter,  not  )>eing 
oncemed    in    it.      Shepherd    namod    young^ 
faruUien   frcquetttly  as   couoerncd   in  these 
uatlerii. 
8l||p]cd  at   Eilinhur^h-ca«tle«  Sept.    H^ 
16a4»  and  renewed  the  J8th  of  the 
tame  nianth. 

Willi 4M  Carstarm, 
I'cKTJi,  CancclL  I.  P.  D. 

f^nmni^Roii  Cjurru,  Sept.  18,  1684- 
Blr  WUiiam  Carttarrs  l>elngf  a^n  examined 
^^  ~fv%  to  bii  former  de|MMiiliou,  m  all  the  parts 
,  aiKl  depones  be  knows  of  no  correspond 
?  between  ScoUaiid  and  England,  except  by 
Rflartin  l>efore  named;  for  those  geotlemrn,  to 
rhoai  he  was  sent,  were  left  to  follow  their 
own  in<Hli<Kl»<t  Veih'h  sometimes,  as  the  de- 
|Hincnt  renii'uibers,  stayed  sometimes  at  Ni- 
oolMin^  S<nbk^r*8  house  at  Ijondon-Wall ;  «ome- 
lirm«  vutli  one  widow  HanlrasUc  in  Moor- 
ehfSt  The  dep>nent  did  eominuuicati.'  the 
cNign  on  foot  to  doi'tor  Owen«  Mr.  Oritiilf  and 
^  Mr.  Medi%  al  Hl€mn  y,  who  all  concurred  iu 
tliL'  pruniutin^  ot  U,a(id  h  ere  di'^irotis  it  filiould 
take cflict ;  and  to  one  Mr.  Ficth  in  the  Tom- 
pie,  ontmfieltar  at  Uw,  who  s»id  thu(  he  would 
ai*e  what  he  could  do  in  reference  to  the  money  ; 
Kut  theft  having  gone  a  report,  tliat  there  wa^^ 
no  ifionoy  to  l*c  rtised*  he  did  nothing  hi  it ; 
ttor  does  the  dcponrnt  think  him  any  more 
COftoemed  in  the  affair.  Nelthorp  frequently 
sp4)ke  to  tlio  de|»oncnt  of  the  money  to  he  fseot 
to  Arij^yle,  whet  tier  ii  was  got  or  not ;  hut  the 
lUpODent  used  no  freetlom  with  him  in  the 
tSlir.  Goodenou^h  did  insinuate  once,  that 
the  lords  were  not  indined  to  the  thing,  and 
that  before,  they  wt>idd  see  what  they  could  do 
in  tlK  cUy,  Tiie  de^Kineut  saw  >lr/F<Tcuiion 
and  Mr.  fliimsey  lurking,  alter  the  plot  broke 
Ayt,  liefora  the  prodamatiou,  having  gone  to 
Ftrgnsoo,  in  the  hack  of  Bisbopagala  street,  at 
tome  new  buildiiigi  whither  he  was  directed  by 
Jer?]xwood»  who  was  destroits  to  know  bow 
thing*  weot.  Riiinaey  was  not  of  the  de|io- 
tMol  bis  aequaintaaee  before,  but  they  knew  as 
htllc  of  the  matter  as  the  deponent.  This  is 
wbst  the  deponent  rerur  tubers ;  and  If  soy  thing 


come  to  his  menoory ,  !>•  M  to  deltt er  it  in  betntxt 
the  first  of  October.    And  this  is  ife  Inub,  m 
be  shall  answer  lo  God*   %Villlmi  CaAirytis, 
p£]tTii,CaiH3dL  tP. 

At  £DC«Btnio»,  Dec  22, 16B^ 

These  foregoiiig  0epaiitioiia,  sabserihed 
Mr.  William  Car5sre«,  deponesvt,  and  bj 
lord  chancellor,  were  acknowledged  on  «sSb  hf 
the  said  Mr,  William  Castares,  to  behistrut 
depositions  ;  and  thai  Uie  aubouriplioas  wsn 
his,  tD  presence  of  us  undersuhsertbeni^ 

WlOJAH  CASTIin. 

Davu)  Falconer,        Perth,  CancelL 
G£oaoE  JILicKENsrs*    QuEE!«j»auutv. 

AxtlOL. 

His  ihaiesty'fi  Advocat  for  farlUcr  jpfobatioa 
addooes  tne  Examinations  of  Mr,  8liepbari 
taken  before  sir  Leolin  Jenkin&,  serfeiarr  #f 
state  for  England,  with  the  Information  or  Ik* 
hosition  of  Mr.  Zachary  Bourn »  relating  to  thr 
Plot,  Hipied  by  hmi  and  secretary  Jettluos  df 
which  Depositions  the  tenors  follow : 

The  E\A5II NATION  of  THOMAS  SHE?- 
HARD  of  London,  Merchant,  tite 
upon  oath  More  the  Utglit  HonounUs 
sir  leolin  JenkjOM  knight,  his  mi^iaA^^i 
principal  secretary  of  state^  iJie  S3d  itt| 
of  December,  i68J. 

The  deponent  saith*  That  r«-.^iw^n  toll 
hitti,  on  or  about  the  month  '  t,  thst 

an  insurrection  was  intendi«i  i^- 

land  and  in  Scotland  ;  and  Lli  •  itkaj^ 

that  atfait'  betwixt  the  two  natu  i^aiibf, 

Mr*  Monro,  sir  John  Cochran,  S4i  Ijughsid 
sir  George  Campbells,  with  some  others  (wbaw 
names  this  dqKment  heard  not)  were  ceoM  It 
Lcmdon. 

That  the  deponent  had  some  acquaintttcs 
with  Mr.  Bail  lie,  Mr.  Monro,  and  sir  Joka 
1-ochran,  and  noue  at  all  withi»ir  Htighiadi^ 
George  Campbells;  that  Mr.  Baillie taldit 
deponent,  that  the  earl  of  Ai^yle  deiMttM 
3U,000/.  of  the  English  to  capcitathioi  tobqn 
the  business  effectually  inScotlatid  ami  tbatbt 
the  said  BaHlte  hkewise  told  xh  : ,  ikat 

havini?  concerted  things  hIiIi  KiumI, 

and  otliers,  be  the  said  Bim  in  loipota- 

bllily  of  raising  tliat  s\un  vb  the ffid 

Baiflie  had  acquainted  the  depou^iit,  tlist  Ihif 
were  certainly  promi&ed  10,000/,,  which  tuns 
was  agreed  to  be  paid  into  the  desouMt'l 
bauds,  in  order  to  be  remitted  into  HoUiBili 
for  the  prodditig  of  arms;  and  that  theflid 
Baillie  tohl  the  deponent  at  divers  ttnies,  ibK 
the  said  sum,  or  at  least  ooe  half  of  it,  wiHiMte 
{laid  such  a  day,  and  socih  a  day ;  and  some- 
times asked  tlie  deDonent*  if  he  bad  reeetfrf 
any  part  of  the  aaia  moiiey  ;  to  which  the  ^ 
pooeot  replied,  that  be  had  not,  and  that  baths 
deponent  scarce  thought  any  would  he  paid* 

And  the  deponeot  also  saiih,  that  hafiffC 
had  some  Ittile  conyosatioa  with  sir  4«ks 
Coehnm,  he  reoMiiibots  wdl,  that  both  » 
them  did  somstimaa  taiacni  the  delays  ift  f»l 


STATE  TRIALS,  5«  Cii  a wrs  IL  \6U.-^/vr  High  T\rtatm.  [TOt ' 

the  monej ;  and  taid  Uiat  alttjaii|i:h  |  covery  ;  ami  thej  must  he  enetiatcs  to  fltoc^ 


Hi 


but 


ti*e 

lie 


Mug  askctL   t.^   '  \\Aim 
was  lueanl  h^  i 

tit  htni,  thV 

5S,  an  m&ur* 

SiAcriiiif  an*^  Tii  omas  Sh  &rii  arii* 

Jurul^  c^omm  L.JcsiiiHs. 


?on^M « f* 


/*'  n,  BOUUN, 

1  I M  m  cMith,  the 

Any    r.  *^^....,„t.,  .  .,o^   belore  Uie 
rliaiiour^t«2  Mr.  &NX'ret«ry  JeiikiDS. 

'  '  '         III,  That 

fa,  with 
iuin  s  in  the 
[_'  ' 'kritnouth^and 

■t   r  W  the  said 

■Stl  ^roisnt!Xtto 

p  ^  didstt 

h  ihesaid 

p  neb  tiuKf  litis  ck«|>tm€fit  be- 

HtT^iy  FTT  ptvjiariiig^  the  in- 
■  tl(?tiontmt  has  the 
^  much  Qs  the  said 
w  him  the  defio- 
r  he  said  Ferg-tison 
uj»  staifflof  «ottic 
«iid  Ferqtujon  j 
L».  -     t....»....*    *sat 


ihp.  buying 
nde*J  b  8(mH- 


he  dn^ntiput  TOW  Mr.  William  Car- 
ol' I  he  said 
i  tfii5!oti  never 
dijjc^niiHci  held  by  him 
1(5*;    and    fmthcr    ihk 


Boim?«. 


if^a  Adrocat  likcwiiie  produced  se* 

1  |Hi  tiers,  to  inovc  thut  thoie 

»iM^  hy  tir  Ia'oIiii  Jenkins. 

«i  i  i^uo  jirnducfd  the 

ng    Mr.     Hilliam 

w  t*<nnuii  Tnutor^  4iDd  the  act  of 

Dl  wbcrebj  the  furiauUure  h  ratified. 


fg  SPEECH 


TO 


UijaAy, 


■cy  affainiit  hh  ma- 

^  oiiinient«  so 

^anl   reason 

uLuiWttVt  Uii«r«  tii^  dU* 


IS  vrcll  as  tn  the  kine*  ^^ho  dt>  not  acknow 

tL     Besida  tliat  the  councib  of  uH  tha 

niitums  tbou^'^ht  the  jmtof  siiHiiuenl   liir 

J I  general  tbanki>givm^  tbmn^h   all 

i;  -      as,  and  that  the  ju(lj;^**s  of  England 

Ui  the  same  ^troo;^  covMi^h  to  inltr  fiir- 

II  e  of  life  and  estate  againat  some  of  all 

lAiiks  there  ;  you  have  a  discovery  made  here 

from  the  late  earl  of  Argyle^sown  letters,  and 

I  he  confession  of  bis  ourn  emissaries,  the  two 
surest  jnoofs  that  law^  evtrr  invented,  or  the  na- 
ture of  human  affairs  can  allow  ;  and  1  am  thii 
day  to  adil  to  all  thist  ^  new  set  of  i>roofa  in  tha 
process  that  I  now  lead  against  this  pannal^ 
irom  the  eonfessions  of  noblemen  and  gentle^ 
men,  who  have  be^n  cng^aged  in  this  wicked 
conspiracy :  and  who,  from  a  sense  of  their 
g^ilt,  ai*e  content  trebly  to  depose  against  iUeir 
nearest  reliitioD  andtlieir  mo»t  intimate  friend  ; 
in  which  havin«;thus  cleared  to  you^  that  ther^ 
was  really  such  a  conspiracy,  I  shall,  in  the 
next  place,  proceed  to  prove  this  |>annal's  ac- 
cession to  it 

It  cannot  be  imagined,  that  we  would  wil- 
lingly luvolye  our  countrymen  in  it,  without 
a  conviction  fitrouger  than  our  kindness  t(i 
Scotland,  nor  did  his  majesty's  servants  accuse 
this  pannal,  without  tlie  op m ion  of  the  ablest 
lawyers  of  the  kingdom,  who  did  with  Iheto 
concur  to  tliink,  that  there  was  not  the  least 
occasion  of  <louhtinor  left  to  the  most  indifferent 
inqaeist  of  his  tr"'!*-!  i*ft^  ^^^Y  ^^^  seriously 
and  with  reflection  rt^d  over  and  |)OJidered  the 
probation  now  laid  belbre  you. 

The  person  accused  of  accession  to  ibis 
cry  me,  is  the  ringleader  of  all  those  who  in 
thjS'kiugdom  concurred  with  the  English  con* 
spirators,  as  you  may  see  by  the  testimonies 
of  all  whohave  depo^  ;  and  it  was  indeed  fit 
and  Just  to  begin  with  the  most  g^uiUy  ;  so  thai 
if  he  be  not  convicted,  Uiere  shouM  no  man  b« 

fKmished  for  this  conspiracy  ;  all  the  uoiac  wd 
irive  heard  of  it,  is  but  a  cheat,  the  kin^s 
jfu' *'- '- •' t   been  murderers,  all  the  witnesses 

I I  k  itaves,  and  such  as  died  for  it,  have 

Tin  I  charged  on  the  pannal  is  not 

an  ar«  i  *  ape,  nor  is  it  proved  by  wit- 

nesses, who  can  be  suspected  of  unkind tae»  to 
bis  person,  or  bis  cause ;  for  it  is  a  long  tract 
of  a  continued  deaigfu,  gone  about  with  th« 
gClneate^t  dcUlKtatiou  and  cohcern  imaginable, 
and  proved  by  ht»  nearest  relations,  and  per^ns 
so  deeply  enga^oil  in  that  can*e,  for  which  ha 
jnilfcii,  tnnt  they  v,crv  content  with  htui  (i»  v (fu- 
ture their  lives  and  fortunes  in  that  cjuarreK 
Hf  is  not  accused  of  a  cry  me  tliat  ctin  amount 
only  to  a  sini^te  murder,  though  thai  he  n 
dreadful  cryiue,  but  a  nb*!'" -i  •*  i-rh  wn-s  t« 
draw  u|M)ni  u<t  a  civil  \m\i\  i  of  mur* 

d»rs    in   v%li!rh  luuiilr*  ils  <•<  H  erC    t4l 

I.  !,■,.:  ^ 'J   •  •■  in,  und  to 

!■*    .  .  mJ    ..  II  Mriri.;i_,  in  whir.U 

one  of  tii4  wan  to   ktU  his  lacrrd 

majesty^  hu  I  brother  :  andon«  of  the 

cUief  witue^Mii,  wkicii  1  hare  led  t^ainit  htm. 


70SJ  STATE  TRIALS,  a6  Chakles  H.  iG^l^Trial  a/B^kaf^ 


tt  ilotini,  which  DotirQ  coofetM^  that  be  niw  to 

kiH  i)if  kiti;;.  iiw\  who  ooahmm  the  ptmiat  tftt 
u^  Kifvcrttl  ni^lits  Willi  Ft^ririisun,  t\it  olher  r^u- 
tnvLT  of  the  kmg''i  iiiar3«ir;  ind  so  fttimtfiar 
h«  with  him»  that  Bourn  depones,  thai  the 
iid  {iiiitn;il  htttl  been  with  Fcr^^won  ut  the 
drftWiiiif  of  ihi?  rnaiijteiilo»  ii  wan  irot 

cmly  tu  bi?  no  actnr,  hutta  !.  iurof  that 

liofi'id  villainy;  aiid  i!  :oiiiii  d<?p(»neft, 

limt  FciifiiKOD   (tfic  tu  that  c!Me) 

i«K>k«?<t  mMin  him  a»  Hm-  kh*  i  num,  r»e\t  tt»  Ar* 
gjl».  Hut  h^eBU9e  no  inuti  b  nre^ume^t  to  ^o 
ijte  inch  »  height,  witlioiit  preTioiiji  inclination 
^^d  fnotiTct,  I  fthftllf  to  «?c»nvint:e  you  that  tji» 
Rttti  wiw  f  t»fy  c*p*bk'  of  aU  thftt  wm  li- 
I  si^timt  him,  rciiiemhrr  you,  that  he  is 
tm^mw  iifiil  ♦iyn-iu-liiw  to  the  late  Uuristotin, 
bn*d  up  in  hiA  tkiui1y«  and  under  his  tutcry. 
Aboui  the  time  of  tiifl  tilot  it  was  uiideujiibiy 
known,  and  ii  now  mimetenliy  prore*)  by  two 
ppr*ent  HHm'Hsei*  the  earl  of  Tmmii  and  eom* 
minar  Monro,  that  he  thought  hinjaelfdes- 
ii«imte»  kiiowii)$r  htmsetf  to  he  cruilty  of  Irvn^oti 
ty  Blackwo^id'K  ciuie  ;  and  tm  it  ii  preHmnable, 
tml  A  man  that  is  (fuiHy  of  one  point  of  trea- 
■M^  will  ivM  '  '  -  roiher.  so  when  a  man  is 
diipaiate  ^  ,  and  fortune,  he  is  cafi^ 

Ml  ot' any  ili.,^.  4 U  was  likewise aiitmatotl  to 
amiroit  thit  eryme  by  thr  infeiti^  nee  he  had 
ito  tbort  MtstH  a  plot  Iti  £uglAod,  carried  on  by 
~l  of  Ml  ffetl  pifU,  Ibitune,  and  inflaence^ 
Vv  lb«  too  proMile  bo|N^,  that  they  would 
fl  Hm  weatern  iliyrea  to  join  with  them 
bectOM  H*  the  eommon  guilt  in  which 
Hiey  had  cniiA^fiHl  thetn^lTes,  by  iheir  !ate  ex- 
"niya^iuucics,  they  nraile  an  aceonnt  of  an 
of  twisitj' tboimiid  moo;  and  by 
■rli't  dopotithm^  tbat  thmt  gcotleineu 
he  «eocuT««  of  tbe  Soutbcm  ahyres ; 
J  4m  to  prove  to  you  a  c^me,  which 
I  Itietf  fo  probable  and  ukh>Y,  that  it  should 
Itttfe  prdioiiofi,  though  )  hate  adduced 
yeor  Oonvicttoo  suffieictii  evidences,  albeit 
I  crymf  were  in  it>rlf  rvs-y  unliktey. 
"^nvitiis.  which  I  hape  1  ha*c  proved, 
1  ^  iswDod  the  ^lannal  trausactod 

r  ui»  ir  bic  eftrt  of  Ar^yle, a  ded&red 

t#.  Th:it  he  dfipiod  to  vmbe  a  re- 
S.  *rbat  he  iQlrroQiniiiaiimt  with  the 
of   Aii5>'le    and    Mr.    Veitch,   dedarvd 
vti,     4    I'hit  hf  wan  ptesent  where  rC  urns 


WmiU 

t  r  i^te  thculd  bare  money 

fram 

\  aBttstmoee  from  Soot- 

b-  ' 

in  sdiooM  ^                 and 

1 

nl  the  »                    1  all 

■■♦   tepMlTTlXlf^    It   l^  suj^ 

* 

•1  an?  ooooftbejn. 
»-^^^«yiy»f 

1 

a^ 

JoKzi  CMins 

a- 

^tbooffb 

h 

tWedtl 

¥ 

f.re* 

i* 

tftt? 

'  tliiM  WIS  tbe  Caaeif  Pclertii 


paonal^  who  aoitg^bt  tliirty* 

aterliniti  to  buy  bim  arma/i^  ymufe  bia'f 

cotmtry  ? 

I'hat  /erviawood  waa  desigiaing  to  camr  ooi 
re beltioii^  or  at  Itmkt  wus  aeec9Miry«  or  (aa « 
law  tciTOs  it)  was  art  and  part  tbeTcc<  k   ' 
pmfrti ;  but  that   in   th«»  (•*ceult   and 
crimr,   wbicli  usca  not   to  he  proied  by  < 
witnewet,  I  may  K'li  ' 
of  tbe  probtkLioti,  \ 

Cblill,    liao«^    upon    «i(ik   arxMrirr 

pleaaod  to  considcT,  tliat,  }.  it  is  |iTove<1  thotj 

deaired  a  blind  commission  to 

not  to  roauiiifti  the  aiiaiis*  of  tli.  mi 

panv,  as  he  confess. I   i.ni  fi,  j  r.rjds 

of t^lii^Hand  to  do  ^  .fhrf, 

because  tlity  did  c  \u;i 

what  he  wo'ukl  ha\< 

de%Hy,  because  he  i 

wu»  pmliahle,  ihtti  a   tU^  kiog  >v 

put  to  it  by  the  parliameiit  of  1 

would  coiihettt  to  excliKi'  jm         i* 

successions  here  ia  not  t  ■  ^m  ir/u 

si«jn  (thouj^h  a  desigii  be  sartu  .   i  ^    ui  n   i    mi 

hut  bi2i*e  ui'tr  kfipre«6  acU  uJ    it-    s  ^/     t  ^  ', 

vix,  Tlie  treating  with  the  earl   -i    T  ^  ^>  i     i 

tliis  design,  tbe  aettlingacorrv  |    u  Im.  <       ^ 

him  for  tbe  prooeouUon  of  it.       i  '      • 

letters  from  Loudoii  to  himc  ^' 

tbe  sending  dowo  ftlr*  Martin  t    ....... ^l,  i  H) 

a  general  riuug.  As  he  designed  to  pub  oa 
tbe  English,  so  be  priMeculCia  cIomIv  Oip^ 
sign  upon  ail  occaaiooa*  On  tbe  ttmk  be  imk 
plains  ounningly  aod  bitterly,  tbol  our  tl^ 
laws,  and  Hberlies,  and  tiie  ProtestiUft  reliij^m. 
were  to  danger^  tbe  style  ami  method  m  aU 
such  as  dofi^  to  rebel  %  aiter  b'- 
Loodoo,  lie  ifiugaget  Ibo  oonspirat 
assist  tbe  kteem-l  of  Argyte,  a  deciucti  iruuf, 
with  moaey  to  buy  arui»  ;  tbis  wa«  tndtai  ^ 
\n\s\i  the  English  to  do  tbe  ifio«A 
thmgs  by  the  inosl  daog«roiis  iikftB,  j 
niii&t  dangi;roiu  iiietbo£.  H^  i 
r  $tri«4  correayofidatoe  with  Fet^^aooo  1 
triier,  with  Sbepbaid  tbe  tbewiycr^ 
stores  tbe  cbaptaia  of  tbe  oooa|iitBOfy. 

Aluandir  Monro,  aitotb^  fireBiiil  wiMBk 
proves  tbat  be  Mvocd  witb  bim  tlmi  ll  w 
necessary  to  gifc  JunW  money  rx|ire«if  it 
carry io|f' on  tbe  rebellion  ;  ancl  tbalcbtyM 
meet  at  JcrriinvoodN  cbaniSer  wbere  tfik  **> 
Spoke  o4;  4nd  frocn  vrbidi  Mr.  Hdhrrt  Hndi 
was  sent  to  tlieir  ftieuds  its  Se<it!o9i4f  to  hat/w 
wbatthey  would  do  |  axid  lb«o^  tbe  db 
cautioo  wa%  (bal  tbey  sent  bin  t»  pMeift  ikPi 

aense,  not  to  aec  tlMt  tbo  daigii  wi»t«  W^ 
tbem  to  rdsiion,  md  fey  |vwr«l  ooty  ikaf 
doiinr  toy  tbiag  m  Vbio  HbftllaM.  daipii  ^ 

e*Hy  and  mrti«#  laoovreaM  b<vr,  i3f  i 

wrf»  I  ' 

SiMi  w«s| 

wbo  I 

MufcoTi 

aoboji 


|tiooD  ib<  0>*^| 


f  aaa  ooori|ff«  NwmecisRi  iwrr,  mi  b^ 
»  reodf  ia  Eafknd.  Fc^  1.  Tbis  oam^ 
WHS  men  bin  »  a  fiknr>  lod  b|  a  tM^ 
I  bod  tan  tbeB»rl««i  tttnmtt  mamm^^ 


treaiongi 
tBtbse«H«f  .1- 


JB5J 


STATE  TRIALS,  36  Cmarirs  !f.  r6S4.-^of  Hi^K  Treason.  170G 


fMfv  ireiting  liow  inauy  men  cmiM 

It  MMtiD  WM  9ent  to  bimler  rtsh  re- 
tiU  llMnr  MW  lioMT  mtitttrs  went  ia 
%  Mid  im  r«tum  t6  tU«*ir  ihiiibsi&sy 
lli«t  it  would  HOC  iMi  an  e^ny  ni&Ucr  to 
f«  Ikv  fttttry  «f  SomJund  Uy  concur,  but  af- 
iBVHiili  kmuer  bufms  of'  ilimr  nating  y^  as  gir«i]^ 
vbirii cvtild  pAl  lMvete«o»  if  tlti^  true  com- 
HiMM  li»d  M>t  t>i»iiv  ta  raUc  Hcolbad.  4^ 
TlMlfirJolii)  C4)dmyi  umdc- a  su<?cdi  tg  tliat 
pflf|MMC,  ■«  rifiDSigly  pr«Yvedf  unil  that  Jervis- 
f«oi  t^tkm  19  lli#  mme  purpose,  is  proved  by 
^Wfmmmy  conacqiieooe  ;  tor  wnce  its  proi^tMi^ 
^  hmmpikit^mi  tbal  liedid  not  -i  -^  ..^.  .  - 
k,  JA  mum  pecajMiily  fuUow  tb;u 

iM^Qi   .trndrsti^i.  ue   ii't>nk  utU'r  so 

tuyatime*  and  j:  ^   iiint  fcnse  to   thitik, 

^flt  Jor^ifwood,  whu  tii  private  presnetl  the 
mmtmt  tnu^H  rtpon  counn'tsrxnr  Monro,  and 
«W  •«»   ci  le,    Q,ud 

•Uii  Mr.  re<l,  was 

itpcno*  Mrbu  wa:»  tu  W  btui  iur  the  artus, 
MM  fivt  liasuRdf  have  been  tbe  mo&t  tbrvvard 
iw  ia  llttti  ilciiifii,  Hut  above  cdl  *  cjcitus  acta 
pi^'  ills  couuammur  (^vbo  btitii;  a  nitre 

a, ifiif>t not liayr proposed RTi-  *'      -'Vooi 
f  IXM^  a  ineon  person,   i~  oe, 

4i^9Jb»4;arl  (ifTarr^ndt^pOfei.v   ,,  say 

tMHioi  what  irai  hi  hiJi  paper)  does  exprc^^* 
if  Imn*!  til  at  he  canio  frinn  Jts-VMrwood  and 
aif» ;  ttfid  la  the  lUdentiK  with  him,  a  rdiel- 
iMtvactuftilv  formed,  and  it  ia  resrdved,  they 
^^mMmim»  Atm  king'a  offioens  of  state,  ^^ 
ttv«^  ani  Ibfoea,  and  lluit  they  ihould  join 
H^  lie  late  cat  I  «f  Argyle,  and  put  their  own 
iii^iti  A  oHidition  t»  join  with  these  forces, 
•m  were  tocotn'  r      mj^  and  they 

pit  I  ia|r«,  a<id  uses  only  to 

ta^seta  ftctiaal  v^ar  ;  &u  here  ts  treaaoa  ciear- 
l^pnted.  by   tieo  preaanl  wiloeaMiii  fipom  tlie 


bidalgv  lo  ita  laat  penfoGti< 
Kv  muk  tt  bt  ol^Mled,  i 


that  tltev  ai«  not 

,  but  t€*tti  ii Html, net  Upon 

%x>t  tu   neitr  es,  wit- 

tinic  upon  diffcrn  lo   prove, 

I  the  iradtt  lead  to  the  tatne  «ud ;  as  for  in- 
aais,  if  oiife  i»  ituem  ahoiild  dopoee,  tJiat  tliey 
nv  a  tMitot  ill  in  •  cottDcil  of*  war  in  one  place, 
^  m  ■■Mtlwr  place  they  saw  hioi  in  amii ; 
%iM  use  mm  hitn  aaiiat  at  a  proctamation 
%mm  fla0e>  aod  aaw  him  to  arma  in  anotlicr  ; 
#  Ibil  mm  aa w  htm  write  a  treasonable  paper, 
'  lar  eawr  him  iiae  it ;  'Dieae  witnesses 
aMderei  aa  con  testes,  or  oonearring 
i  «ad  lea  or  twelve  ioquests  have  so 
is^,  9m4  mmm  tJieir  veritiet,  rebels  have  been 
lail|  hangwd*  The  leamcf I  jud|^  of  England 
laag  all  met  together  did  ex{ireisly  (inil,  that 
«r  mmmm  acwfintfi  th^u  A.  B.  said,  that  he 
la  liiiy  a  knife  to  kill  the  king,  and 
igTp  thai  lie  ttw  liim  boy  a  knife 
fo  whait  ^iifcl  \hmt  two  wit- 
re  oniimieft  aftd  nroved  fltifficM«ntly 
ef  treason  i    v«t  taite  tlac  one  wit- 


d«aig]),  aod  the 


other  an  act  which  was  indtffcrctit  of  iu  own 

nature,  fuidUecauieorl*^    ....i.i..  i...  *i. ...,..», 
neetioh  ;  hut  uo  wn  ^ 

thbffs  so  coherent,  ^i.^^i 
aa  these  do  ;    for  they   d' 
same  perHon  i^arryiDn^on  ii<  t  of  i 

reMhun,  as  to  wliich,  in  one  place,  lie  ti  ex- 
ntio^if  his  own  neplicw,  and  lellintr  bim  tiis  rc- 
s<^»luttoos,  und  Hettiirtitr  h  cnn'espoinl  i 

him  ;    at  another   tune  he   piesr^cf^ 
Monro  to  the  same  rebellion,  vt   i\ 
\m\iUA  ineetifi^  at  hiHovvn  obuiuber)  ^i 
'  '  '  nm  that  meeting  ue  sinia 

-  tlje  rel)cllioti.       Besides 
-' ■'^nfiteses  he  Siif^-      '  ■     I 
1  Car$tare^  * 
,  ./^.u.,    ,...:.    ,vi...  ^,j,,u;icd  rather    '^^ 
violent  torture,   than  to  dbdofie  it  i  be 
wt^e  deiioses  uf>on  all  these  steps,  and  cob 
necfs    thens     tO;^ether,    and     tlib     his    De 
l»ositLOn  1%  twice  reiterated^   upon  oath,  at] 
much  premeditation.      And  I  likewise  adduce 
(wo  depositions  taken  upon  oath,  by  sir  Leotii% 
Jetikins,  who  was  impowcred  by  the  law  ol? 
Kng'lanrl,  and  at  the'enmmand   of  the   Kin^^ 
and  tli    ■  ■■    ^^..^    ..      ^  V    .  ^^-^^ 

hia  A^  I 

depo^ 

pose5,  I 

deHirfii..;.,.  .- ,.  ;..    ..  _»,  .....  ^..i. . 

eii  the  dda  V  ii  c  Aiiit  thiit  there  wus  so  httle  lo^ 
advanced  ;  iim(  who  shuuUl  he  better  believed 
than  one  who  was  hi»  own  trusty,  and  a  person 
who  WA!i  able  to  advance  so  great  a  sum  f 
Bourn,  another  of  the  wittiesses,  deposes*  that 
Ferguson  told  hiin,  that  tlie  pannal  spoke  fre* 
qucuUy  to  him  ooocemiu^  the  same  atumay, 
und  that  he  sat  up  several  mghts  with  Fergnsoii 
upon  the  said  conspirscy  ;  and  who  should  h% 
bctfer  bdieved  tlian  F'erguson's  confident,  and 
one  who  was  so  tar  trusted  in  tbe  whole  atfuir^ 
that  he  was  to  take  away  that  sacred  hfe,  which 
Iteaven  has  preserved  by  so  many  miracles  f 

Ai^ainst  thest;  three  depositions  you  har« 
beard  it  objected,  thai  *  uon  testimonia,  sed 
^  testes  probani,'  eapednUy  by  our  law  ;  iti 
which  by  an  express  act  ot  parliament,  no  pro« 
bation  is  to  be  led,  but  in  presence  of  tbe  ssaiaa 
and  pannal.  To  which  it  is  answered,  That 
these  depositions  are  not  roeer  lestimouies  ; 
lor  I  call  a  testimony  a  volimtar  declaration, 
etoitted  wtihoot  an  oath,  and  a  judge  i  but 
these  deposBtioiis  are  taken  tuuler  the  awe  of  an 
oath ,  and  by  the  direction  of  a  judge.  £ ,  ^^^^ 
hard  was  oooironted  with  the  pannal  Jiimaa^ 
and  he  had  nothing  to  say  against  hiin  ;  where- 
as tlie  ^rreiU  thing  that  can  De  ohjectai  wun^ 
testimontes)  (and  by  our  statate  espectalsy)  is, 
that  if  the  party  wtio  emits  tbe  festimonjr  had 
been  confronted  with  the  pannaU  the  imprtt- 
sion  of  seeing  a  person  that  was  to  die  by  hit* 
deposition,  would  have  made  him  afraiil  to  da**^  \ 
poftej  lojtl^  :  and  the  pannal  hkewiiie  migfit  by 
proposing  interfogalmv  and  questions,  l|avo 
cie^K'd  Tiimself,  and  satisfifMl  the  jmlges  in 
many  tilings  deposed  against  hioa :  But  so  it  ia 
that  Mr.  ^s^pbard  hafiiig  been   confiVBtad 

2Z 


707]  STXTETmXl^,  S6CnARis¥,Blh  i6%^.'~Tnal  of  Baillie  of  Jerwiswood,  [708 

afler  the  jury  is  inclosed  :  for  then  indeed  ther 


with  the  pannal,  before  the  kiofr  himself,  who 
is  as  far  above  other  judges,  in  his  reason  and 
justice,  as  he  is  in  bis  power  and  authority  : 
he  deposes  1  hit  the  paunal  was  the  chief  ma- 
nager of  this  conspiracy,  next  to  Argyle,  and 
tliat  he  was  so  passionate  to  have  this  money 
to  buy  arms,  tliat  he  lamented  the  delays. 
And  can  it  be  iiua<2;ined  that  Mr.  Shephard, 
whom  be  trusted  with  his  life,  and  his  fortune, 
and  whom  all  their  party  trusted  with  their 
cash,  would  have  deposed  any  thinji^  a«^nst 
him  that  was  not  true,  especially  when  he  knew 
that  what  he  was  to  depose,  was  to  take  a%vay 
his  lii'eand  his  fortune?  or  that  if  the  pannal 
had  Leen  innw^nt,  he  would  not,  when  be  was 
confronted  with  Mr.  Sbephard  before  the  kincf 
himself,  have  roared  a^inst  Mr.  Sbe[)harH,  if  he 
had  not  bi'cn  conscious  to  his  own  (ruilt?  There 
is  a  surprize  in  innocence,  which  makes  tlie  in- 
nocent, exclaim ;  and  it  inspires  men  with  a  cou- 
ifage  which  enables  tbeni  to  confound  those 
who  depose  falsely  against  them.  And  in 
what  occasion  could  either  of  these  have  ap- 
]ieared,  more  than  in  this,  wherein  this  gen- 
tleman was  chanjred  to  have  conspired  witli  the 
^eatest  of  rascals,  agfainst  the  best  of  princes  ; 
and  that  too  in  presence  of  the  prince  himself, 
against- whom  be  had  conspired?  But  pfuilt 
■tupifies  indeed,  and  it  did  never  more  than  in 
Uiis  gentleman *s  case,  whose  silence  was  a 
more  aonvincin;;  witness  than  Mr.  Shephard 
could  be.  Mr.  Carstares  likewise  knew  when 
lie  was  to  depone,  that  his  deposition  was  to  be 
used  a^niinst  Jerviswood :  and  he  stood  more  in 
awe  of  his  love  to  his  friend,  than  of  the  fcur 
of  the  torture  ;  and  haznnled  rather  to  die  for 
JerviswiKNl,  tlian  that  Jerviswood  should   die 


miuhtbc  dansferous,  because  the  party  could 
ntif  object  a{T-aiinst  them  :  but  since  the  statute 
only  discjinrges  to  produce  writ  or  witnesses, 
aOer  the  jury  is  inclosed,  it  seems  c1e«riy  to 
insinuate,  that  tbey  ought  to  prove,  when  tbey 
are  produced  in  jiresence  of  the  party  himself, 
as  now  they  are.  And  though  the  civil  law 
did  not  allow  their  judges  to  believe  testimo- 
nies, l)ecause  they  were  confined  to  observe 
strict  law,  yet  it'  does  not  from  tliat  follow, 
that  our  juries,  whom  the  law  allows  to  be  a 
law  to  themselves,  and  to  be  conBned  by  bo 
rule,  but  their  conscience,  may  not  trust  in- 
tireiy  to  the  deposition  of  witnesses,  though 
not  taken  lieforc  themselves,  when  they  know 
that  the  wimesses  by  whom,  and  the  judges 
before  whom  thisc  depositions  were  emittd, 
arc  i>ersons  beyond  ail  suspicion,  as  in  ov 
c^se.  But  yet*^  for  all  this,  1  produce  thcK 
testimonies,  its  adminicles  here,  only  to  oonsecC 
I  tlie  deiiositions  of  the  present"  i^itnesMi^ 
I  and  not  to  l>e  equivalent  to  witnesses  in  tbii 
lefl^l  process  ;  silbeit  as  to  the  convictimi  cf 
mankiud,  they  arc  stronger  than  auy  onlioiiy 
witnesses. 

When  you,  my  lords,  and  gentlemen, re- 
member that  it  is  not  the  revenge  of  a  privats 
party,  that  accuses  in  this  case  ;  and  thiteroi 
in  pnrate  crimes,  such  as  forgery,  orthemsr- 
der  of  children*.  Sec.  many  juries  here  have  pro- 
Gcecled  u|)on  mere  presumptions,  and  that  eroi 
Solomon  himself  found  his  illustrious  dedsiosi 
approved  by  God  Almighty,  \}{Hm  thepresnioed 
assertion  of  a  mother ;  I  hope  ye  will  think  tws 
friends  dr|H>stng,  as  present  witnesses,  admiii- 
culated  and  cunni'cted  by  the  dcpositioni  of 


by  him:  How  can  it  be  then  imagineil,  that  if  ;  oibcrs,  tlion<;|i  absent,  should  lieget  in  yon 
this  man  hud  seen  J(:r\i.s\vood  in  his  trial,  it  i  intire  lielirf;  e.s;Kx.*ially  against  u  pannal,  wbo 


would  have  s:lu;r('d  his  dejuisilion  ;  or  that 
this  kindnvs-s,  uhich  we  all  admired  in  hiui, 
would  have  su tiered  him  to  forget  any  tiling 
in  his  deposition,  which  might  ha\cbeen  ad- 
vantageous in  the  least  to  his  friend  !  and  they 
undcrstanil  ill  this  height  of  friendship,  who 
think  that  it  would  not  have  been  more  nice 
and  rarcful,  than  any  advocate  could  have  bei'n. 
And  if  ( 'arstim*s  bad  forgot  at  one  time,  fvouUI 
he  not  have  supjtiied  it  anuthor ;  but  especially 
at  this  last  time,  when  be  knew  his  friend  was 
already  brought  upon  his  trial,  and  that  this 
renewed  U'Stimony  was  yet  a  further  confirma- 
tion of  what  u as  said  against  him  Y  And  albeit 
the  kin&r's  s<>r^ants  were  forced  to  cncfage, 
that  C'urstiircs  himself  slinuUl  n(»t  be  marie  use 
of  as  a\titness  at^ainst  Jci'vibucod  ;  yet  1  think 
this  kind  scrupulosity  in  CarsUirtsVor  Je; vis- 
wood  should  mnvince  yuu  ir.oi-p  thi:n  twenty- 
sus|KTt,  nay  than  even  in  ditii-ront  uilncssi-s'^; 
nor  can  it  Ik:  imagined,  that  the  one  of  these 
witnesses  would  not  have  been  as  nnieh  afr.-iid 
of(i(Kl,  and  his  oath  ai  Tjondou,  ns  at  KJin- 
burgh  ;  and  the  other  in  the  couned-cbauilier 


has  been  always  known  to  incline  this  wtv, 
and  who,  though  he  was  desired  in  the  Tul- 
b6oih  to  vindii-atc  himself  from '  those  criine^ 
wou'id  not  say  aiiy  thing  in  his  oun  defence: 
and  though  he  olfers  to  clear  himself  of  bis  IC' 
cesion  to  the  king*s  murder,  yet  says  nothing 
to  cieiir  himself  troni  the  conspiracy  eoteral 
into  \>itii  the  late  earl  of  Argyle,  for  iavailiig 
bis  native  countrey  ;  which  is  all  that  I  bert 
charcre  ui)on  him,  and  which  he  inclines  to  jui- 
^  title  as  a  necessary  mean  for  redressing  gnet- 
!  iuices.     I  must  therctbre  remember  you,  thrt 
I  an  inquest  of  \erv  worthy  gentlemen  did  fifltf 
■  Uathiilet  guilty,  tliongh  tlierc  ^vas  but  one  wi^ 
j  nt  s«{  led  a'rainst  him ;  liecause  when  be  vtf 
:  put  to  it,  he  did  not  deny  his  accession:  as^ 
two  rogues  were  found  guilty  in  the  late  cir- 
cuit at  Glascow,  for  having  inunlercd  a  gsB' 
ilenian  of  the  guard,  though  no  man  StiW  tbeM 
kill  him  ;  but  the  murderers  having  been  pur- 
sued, tbey  run  to  the  place,  out  of  which  Un 
pannals  then  accused  were  taken,  none  liftvug 
seen  the  face  of  tht;  runaways ;  and  tlie  psnnalf 
being  accused,  and  prrssini  to  deny  the  acces- 
sion, shuniird  to  disown  the  guilt,  but  desin' 
it  might  bo  proved  against  them.    This  may 


in  the  l(>renoon,  as  in  the  justicc-comt  in  the 
afterntHin. 

3.  The  statute  founded  on  docs  not  disvliarge  I  convince  you  that  there  are  proofis  which  ssi 
flic  jproduciDg  ef  testiiuonieiy  otherwa\B  than  j  ktfonger  than  witnesses;  and  1  aw  sureM 


STATB  TRIALS,  SCt  Charlrs  II.  Id84.-^  HighTlioMm 


4 let).    Hr- 


>   iU  su 

I    I  do 

does  let  dl  tlie 
I  Kit  C43ii!»{Mruturs 


e  be 


ill  you  that  lliis 

nf:  orihinfH^  tlie  ftsske  to 
•nllct  lo-raorrow,  bj 

itm<ii««  Deitnthtr  54*  16B4. 

5,  ^vlioj/asi  Upon  the 

:ulUe    oi  JeniHivvH^h 

1 1  40  iifescnce  of  tlie  iakl 

nnr  follow'?  •  The  a¥si/,e^  till 

,  (  le.irly  i*ojven 
ptiuul,  m  re- 

£  5fc  ttibicribitur^  HTUATUMOio:, 

urns:  i^nd  rnuhnif  of  the  wliicU  vef  * 

t^'^'trffs,  jn5tice  g^ctietat,  jij5tici' 

!  loent  ol  ■  j  1 1  St  i  t  i  ;ir  V »  t  h  *^n  - 

1  xUti  Siiid 

eri  '  9ie  tukfn  to 

tt*rrc«ift  (>t  ir^iinhurgli,  ^  liii<  twenty- 

^  TbbffTt&l  c3tpc<htto()  wa^  o(H;n!^ioiivil  hy 
rmym^m  \m*^  ^tn**'  vi'  health,  *vho  they 
VL^ulion  %y  a  nuturuJ 

"      '  ■      \\(c,'' 


I  wrvtv  bm   !  >  and 

^ntfor  on  tJi  ^mp- 


14111     lU     lilK     i)WU     MtlUti^v     Uu- 


fouith  (lay  of  December  initanl,  brtwixt  ti»-o 

nil,!  ""  ■  ,  ,  '^  V  ,  '    ■  .  'V      '''      ,  '  +'    -■■  to 

\h'  !  :<:£ 

ht^^^ii  ..  d 

ill  four,  .  I- 

h  ol  JedJmi'^h^  another 

I  k,  u  lliird  <tti  the  Tul- 

huulJt  ul  x'^Jt,  and  h  lutiVtb  up  ihe  Tulbooth  of 
G lasg^dw  ;  and  ordnins his tiame, fiiiur,  memory  ♦ 
and  honours  to  be  ejamct ;  hU  btooti  to  be  tuint- 
eJ,  and  his  arms  to  be  rivcii  t'uitli,  ^tid  ddete 
out  of  the  books  of  arms  ;  so  that  I  ly 

may  never  hare  place^  nor  he  abh.  >o  , 

brutk,  or  joyse  any  honours,  ottitvs,  mts  or 
di«yiiities,  uithin  this  reahii  in  time  coiiiing'  i 

autl  lo  hate  t  •-*  -i*  -i   -r,.;**^.!    i  .j^i^  ^ij 

and  sundiy  \  ^^tead- 

inj^, rooms^iJiK  ^    .  .J.,  ^.    .    - -i  uhat- 

80€yer,pertaminj^to  him,  to  our  sovcieiun  lord's 
usC)  H  retoatn  perpetually  with  hL^  hi£^)mefi« 
in  properly,  which  was  pronouncetl  for  doam, 
Sk  subttribitur,       Linlithco>*. 

jAAT&i  FqULI!».        HoG&R  UoU. 
J.  LoCKAflT.  A.  SCTON. 

t}Jk\W  BALFOVa.    P*  LVON» 

Extracte<l  forth  of  the  books  o!  uojivurnuJj 
by  mt*  >lr.  Thomaw  Gordou^ckik  lo  theju«- 
lic't!  court, 

i^ic  subKrihitur,    TiioaiAS  GOROOH* 

He  was  execufed  accord irififly  the  same  day, 
and  at  the  place  of  exccutioii  ]K'ri^istcd  in  de* 
uymy^  hi^  kuowledjje  of  any  desii^u  aKaiitj^i  the 
kind's  lile,  or  the  iluke^^^  or  ot  any  plot  at^^iiiinl 
the  government:  he  onued,  he  thouf^ht  ii  taw* 
ful  jof  hubjeets,  being  under  such  prtsfcuies, 
to  try  iiow  thtsy  might  he  relieve^l  from  theiiif 

guage  i    *♦  lu    ortler  lo    ^'ivu  vajjety    to  the 

narration,  and  to  avoid  making'  ri.necUonii 
<>n  inyse]*',  J  have  often  thrown  wh;tt  ptn^ple 
t!iiiii;^lii  into  nhiii  they  said.  This*  Uioiigh 
viar:  uited  by  the  e3(amplu  of  uhun^t  all  the 
aulieot  hisloriaus  autl  tlie  i^Teuti'st  ol  the  mo  > 
del  us,  mnv  in  this  age  give  an  appearance  of 
iuHdehty  to  the  narrative.  But  L  Hatter  fny  * 
Kelt' a  reader  of  taisite  will  easily  perceive  a  dt^- 
tiuction.  WheD  the  words  are  cootniaed  iu  a 
ptentenccortwo^  ihey  «r«;  those  whtch  were  ;ic- 
lU'i  '  ^  'liey  run  into  h-nglh  ihe 

Ul  tile  for  tliem/^  "  (Pm- 

race  t J*  \<ii,  i  n[  jicmi'ii'^,  4to  ed.  277 1)  The 
di^ij;jctiou  taken  m  the  la^  claujie  of  tins  pa- 

'     "    ' '"  '    f  '" '  "t>?cdly   uot  true   m  Xkie 

;»le. 
,.  .    ,.,.  ,^.  „..  r  pfirt  tX,  hmik  10)  lu* 

forms  us,  that  lo  In;  i  ;i|'|i  i  u.  !->  wrue 
history  without  diav  n^^  mo,  a  I  oi  j.-im.  al  rnles 
of  conduct  from  it«  in  little  better  ihau  wriuu^ 
a  romance,*'  The  FUideut  ofsir  John's  work* 
may  eacperimcn tally  asccrtaiu  the  nielauch.dy 
truth,  thai  the  absence  of  luoral  and  [ohticsl 
dtfduciinns  i^  mtt  the  only  quality  by  which 
hi.story  ca0  be  degraded  to  the  r&uk  of  i  ro^ 
tuatict> 


711]  STATE  TRIALS^  d6  Chablbs  II.  l6S4^!IHa/  of  BmUte  of  JenUivood,  [TU 


and  hii  design  went  do  ftrtber ;  bat  he  refined 
to  enter  into  partioulan. 

Afterwards,  in  pursuance  o^  the  sentence, 
his  majesty's  heralds,  and  purserants,  with 
their  coats  displayed  ^afler  sound  of  tnimpetB) 
did  publicly,  in  face  of  the  court,  ocmibrra  to  the 
custom  in  the  sentences  of  treason,  in  his  nut- 
jesty's  name  and  autft\ority,  cancel,  tear  and 
destroy  the  said  Mr.  Rdbert  Baiilie  his  arms, 
threw  them  in  his  face,  trampled  them  under 
foot ;  and  ordained  bis  arms  to  be  expunged 
out  of  the  books  ot  heraldry,  his  posterity  to  be 
i^oble,  and  never  to  enjoy  honour  and  dig- 
nity  in  time  coming :  and  thereafter  went  to 
tlie  Mercat  cross  of  Edinburgh,  and  solemnly 
tore  and  cancelled  the  said  Mr.  Robert  Baillie 
his  arms,  and  affixed  the  samine  on  the  said 
'Alcroat- cross  reversed,  with  this^  inscription ; 
The  arms  of  Mr.  Robert  Baillie,  kite  of  Jervis- 
wood,  Traytor, 


Wodrow,  in  bis  History  of  the  Sufferings  of 
the  Church  of  8cxitlanfl,  gives  the  following 
particulars  respecting  this  Trial : 

'*  Mr.  Robert  Baily  of  Jerviswood,  with  whose 
auflerings  I  shall  end  this  section,  was  a  gen- 
tleman who  had  the  testimony  of  some  of  the 
greatest  men  of  this  age,  whom  I  could  nanoe 
for  one  of  the  best  oi  men,  and  greatest  of  states- 
men, and  so  was  a  very  proper  object  of  the  fury 
of  this  period,  and  could  scarce  escape  the  rage 
and  malice  of  the  duke  of  York,  and  such  as 
were  witli  him  carrying  on  the  pk)t  against  our 
rc]i<rion,  reformation  and  liberty. 

**  InticeJ  he  fell  a  sai'rifice  for  our  holy  refor- 
mation, aud  i-cccivcd  the  crown  of  martyrdom, 
upon  the  acouuut  of  his  zealous  appearances 
against  [)0{K>ry  and  arbitrary  power.  1  can 
never  consider  this  great  man,  and  several 
others,  in  this  ai.d  sircceeding  years,  of  the 
most  judicious  and  notable  of  our  martyrs, 
neglected  of  d«»ign  bv  the  collectors  of  the 
cloud  of  witnesses,  but  I  must  blame  their  pri- 
vate and  party  temper. 

*'  JcTviswooirs  trial  was  published  by  the 
managci-s,  and  1  may  perhaps  make  some  re- 
marks aftcrwanlh  upon  it.  I  shall  here  give 
some  few  bints  I  nieot  with  in  the  records, 
with  relation  to  him,  whpn  liefore  the  council, 
of. which  tlu'rtf  is  notliing  in  his  printed  trial. 

*<  'l^rr.u*^li  his  long  confinement,  and  harsh 
treatment  uhon  in  prison,  this  goml  man 
turned  vitv  sickly  and  tender;  and  it  was 
n  ckoned  almost  CL^Iain  tiy  all,  that  had  the 
managers  spared  this  gouilcmau  n  few  w(>eks 
longer,  ihoy  would  have  Uon  rid  of  him  by  a 
natural  death,  n::d  <'srupcd  t\.v  indelible  blot  of 
inlmmanitv  antl  barburity  i.**  so  excellent  a 
nci^on.  lie.  \^  as  c\  idontly  ;i  fly  in  i;  v.- hen  tried 
before  the  justiciary,  and  was  obli<;vd  to  ap- 
pear in  his  1  light  goVn  before  them,  and  scaree 
able  to  Slant)  whon  he  spake;  :>f)d  yet  he  was 
kept  in  the  pannel  tor  ten  hours,  and  belioved 
to  take  cordials  scveiiil  times  ;  and  next  day 


he  was  carried  in  adiair,  in  hia  night  gmm,  ti 
the  acaffold. 

«<  By  the  oooBcil-booka,  I  fiiid«  Au^^nst  16, 
<  the  lady  Jerviswood  is,  upoo  her  pctkrai,  al- 

*  lowed  to  see  her  dyiuff  huabaBdy  with  tfai 

*  physicians,  but  to  apesik  mMfaing'to  Urn  bm 

*  what  they  hear  and  are  witncvca  lo.*  1  aa 
of  opinion  this  low  state  of  his  health  pat  the 
managers  at  first  off  the  design  oTMrnriwim 
him  criminally;  and  to  secnre  kia  ciltfe, 
while  he  is  dymg  a  natural  death,  brought  on  by 
their  maletreatment,  they  raise  n  proons  ii 
order  to  fine  him  to  the  value  of  60001  start 

'« Thus,  August  30,  the  ooondl  order  the  ai- 
vocate  to  pursue  Jerviswood,  lor  reeatting,  cb- 
tertainmg,  and  corresponding  with  rebeh 
as  lar  as  1  can  find  he  was  not  ahic  to  i 
before  Uie  council  when  they  passed  a  < 
against  him,  only  be  ocdered  hiandfocaieli 
appear  for  him. 

Accordmgly,  September  4,  the 


pass  their  decreet,  fiiiinff  him  in  mx  theesMi 
pounds  sterling.  The  jwueci  ia  very  Issr, 
and  would  take  up  too  much  room  bcR;  u 
short,  it  narrates  tne  libel  given  in  agaiaat  Jsr- 
viswood,  which  consists  mostly  of  the  artidM 
of  his  nrinted  indictment,  upon  which  At- 
wards  he  suffered,  and  a  charge  of  hia  convene 
and  interoommunuig  with  the  perNna  who  vill 
just  now  come  in ;  and  then  the  libd  ■  re- 
ferred to  his  oath,  which  he  reiuaing,  they  pis 
sentence.    The  sum  of  all  is  tfaia: 

'  The  lords  of  hia  majeotv's  privy  ooiwil, 
'  having  heard  and  considered  the  fivrnaid  IM, 
'  and  the  interrogatories  given  in  hy  bis  ni- 

<  jestj^'s  advocate,  in  order  only  to  an  arbimiy 

*  punishment,  to  which  his  majesty's  aduMSK 
'  restricted  the  liliel  *  pro  loco  et  tempore,'  uA 

*  reserved  the  other  articles  of  the  libel  to  te 

*  pursued  as   law  accords ;  and  the  comd 

<  having  api>ointetl  a  committee  to  examine  Mr. 

*  Robert  Baily  of  Jerviswood,  upon  the  Slid 

*  interrogatones,  the  tenor  whereof  ibUows: 

'  Imo.  Did  you  harbour  or  inteicomiwas 

<  with  Mr.  Samuel  Arnot,  Mr.  Gabrid  Scafte, 

*  Mr.  David  Hume,  Mr.  George  Barclay,  Bfr. 
«  William  Gilchrist,  Mr.  Alexander  Ptodu,  Mr. 
'  John  Hephnm,  Mr.  John  Rae,  Mr.  Jaaf 

<  Kh-ktoun,  Mr.  Alexander  Lennox,  Mr.  David 

*  Jamison,  Mr.  Thomas  Douglas,  Mr.  Alexts- 
'  dcr  Moncrief,  Mr.  John  Welsli,  Mr.  Ricbsid 

*  Cameron,  Mr.  Donakl  Cargii,  Pw* 

*  holm  of  Westshields, — *-^Stnait  rf 

*  Cultness,  James  Stuart  his  brother,  Mr.  TlM>- 

*  mas  Fellings,  John  Wilson  in  Lanerk,  Mr. 

*  John  Menzies  of  llangingshaw,  Micbad 
'  Lamb  in  Lanerk,  David  Barclay  surgcoa  is 

*  KdinbunHi. 

*  2do.  Did  you  reset  Alexander  Tweeily  J^ 
*■  gardiner,  aHor  Uothwd-bridge. 

'  And  the  said  committee  hin  ing  gone  to  tU 
^  Tolbooth,  and  desired  the  the  said  JenisvoW 
'  to  answer  npon  oath  to  tlie  said  inleiTOgt* 

*  tories,  and  he  having  refused  to  depone,  ^ 

*  said  lords  do  hold  him  as  confest,  and  gtokf 

*  in  regard  of  his  refnsing  to  depone,  wserv 
'  iag  to  his  msyesty's  advocate  to  fmnm  >bi 


STATE  TRIALS^  56CiI4ELES  II.  l£g4^#r  High  TfMMm* 


I  litiellcd,  tiui  wfaereof  the  said 

*  Jm^mi9W>4  m  now  livlden  as  oonleslf  iw  law 

*  aoonnli^  and  hkf^  ^m4^  awl  fine  ifae  nid 

"twto'  iiteawtienf- 

*  kpfli  taris  IwlMi  u.^  .  i  :i  u   ^  I      c  piiiii  to  his 

>  fcaiaitj^a  <iaih>kc<«|icr  for  liifi  luajpsty^ii  usti. 
'  WlikilMnmioe  was  iniiirmttsd  W  Mr  WaJler 

>  i^iiifd>  ^  procuniAor.* 

**  liaa^atl  bcarmcipejijat  mow  of  such  tin- 
HoaiMyMs  finua  ki^uMd    iipoo  l 
l»  Iha  n*l  vil»N  of  tMr  «itali«.  bui  c 

liaM  1^  miM^i*ni  gti  ou  to  liu&t  for  hia  pre- 
cm*  li^  geptcniber  lU,  tk«  couocil  give 
tMlci*  to  nifio¥o  iltii  Imly  GraJeD  bis  mvbsr^ 
md  ihe  kdr  Jer^rswood  from  his  room  in 
fOMt  tl*^  Wifi^  inliuritieti  he  is  recovered  of 
m  iiidiayatiakm  !%*«  ihaJ]  And  this  wiu  but  a 
tmy  liMdar  r»etw"ary»  and  thnt  uftt^riKfriltihe 
tiiw  wvencf  in  part^  nti  diniUt,  \*e\xig 

I  ■find  #f  llic  aire  of  ih'^e  rv  i  idJies; 
1  IH  IfiWViBbtr  Q»  1  i  I  ;ideo  is  aUowed 

i  UltdMe  pfiaaaar  ^  viswood,  becaitie 


4  U%  raktiiifiiiarr  i*<)U4liiiuu. 

^  II#  c^^f^lioiiiw  in  |>ri«oo  still  weaker  aiid 
««lsBr,  lill  Dasembwr  18,  when  I  find  the 
im^  aiW#qate  la  ordered  la  purmic  a  [iroce^ 
^iiaamn  and  fbffbitvret  afiuiist  Mr.  Kobert 
hdf  ol' iffnrtawood,  to  morrow  at  two  of  Uie 
<M^  Mirf  av  Qe0ffg^  Loekhart  of  Camwaih^ 
ad«ri«ltii  Lawd«r  adrocates*  art  sipnoiiiled 
ttcarar  vridb-IlM  kingr'a  ad*oc«le  In  the  ^m- 
C«K.  1  need  not  again  remark,  that  thiji  was 
iifV9»eiiiJcrrts|r<Kid^s  emplo^^ing  Ihetn  id  de* 
iiKiMf  hts  j«iat  rtfhta.  Howerer^  Ibc  lime 
mt  txcrtdm^  ahort,  and  therdb^e,  Ihoueh  ii 
iaai  In  tie  yet  Hie  more  straitening  to  rtiin, 
^  Iihfi  anil  iodii;lBi«at  were  not  put  in  hi» 
t  tfttd ;  upoti  the  ^3nl  of  Decett- 
1  gir«s  141  a  {Hitition  to  thecoiiD- 

*1lui  mdy  yeatcrdAy  lie  rfceired  an  in* 

'   vaaon  at  elevcii  of  tlieclockf  to 

r  ihf*  juaticiAry  this  day  at  two  of 

Ictek  i»  Itr*  ■»*'--tti*»n,  «hfch  is  so  »hori  a 

ti»'  hus   ^t  tio  l4iwvtt« 

,  tK'  ^-fcehifi  IfUers  ot'eat- 

00  f<ir  >s  defeooca  and  ohjec* 

*t^  u^aftMt    :  :  »«^saea,  na  is  allowed  hy 

i^'wyelahoo^and  t^  (mlinavy  time 

<;aara  ii  fWiMn  daya ;  and  th<;  neti- 

\  Ai  pr«setit  being  m  akk  and  wvak^  aa 

I  aot  aide  lo  oeme  over  fait  be«l  without 

a»  atyeani  by  tlie  lestiitamy  ol* 

wkpMS»re   he  Jiumbly  nuppti- 

be  nouocil  may  proroaptie  the 

'  din  m  aosw  eomfvetent  ttme^  and  lUair  liwi 

•k|5ia»,  —    ^  -  Patrick  Huiimv  Mr.  Wahcr 

I^Mui..  )ca  Graham,  Mr.  WiNiiiin 

T  •'fWii  r     ,    J .,  ijt-j*  Faloofiar,  and  i>l  r.  Wd- 

I  UMly .'     Tim  couutrtl  rrftme  to  |irorog«te 

hm,  '«  but  (^ant  btoi  the  advocates  be 

■i«  and  alkMT  ibon  to  fdcad  witbaiit  has- 

^gilibeyrtitbmmylbamiidvcuio  their  ptea^ 

"^^^  '1  *  rS  lat«^  and  ioyalty^  oa  they 

I*  ir  peril/ 

^IbMuaLl    I  meal  wUb  in  tlie  council- 


books  ooncertiiiig  i^erviawood.  I  shall  now 
give  tbe  reader  an  abtitract  of  thifi  excidlent 
person's  trial,  from  the  justiciiiry  reconbt ;  the 
principal  papers  being  alread  v  printed,  I  sluUl 
only  give  the  aubstaoceef  tbem.  Upon  Sep< 
tember  23,  when,  as  I  bare  akeady  remarked, 
this  worthy  gentleman  was  in  a  dyins  coodi-  . 
tion,  and  could  not  have  lived  many  days«  he 
w»8  earned  inbelorethe  ju&lidary^  where  bis 
indictment  is  read,  be^rmg, 

*  That  notwithstanding  conspiring  to  over- 
turn the  governnieat^  or  conceaiintr  and  not 
revcaUng  any  treasonable  dt^sig^'  or 

discourse  tending  thereto,  or  as$3  ig, 

or  abetting  ^ich  as  have  any  &ui  u  dc^i^us, 
infer  the  pains  of  treason  by  act  3  FniL  1, 
Jam.  !•  Act  37,  Pari,  t?,  Jam.  1.  and  Mi  act, 
pari.  12,  Jam.  6^  and  act  1,  sess.  1,  jkuL  1^ 
Char.  2,  and  act  2,  sess,  2,  pari.  U  Char.  ?. 
and  act  2,  pari  3,  Char.  2.  Nevertlieh«8  th*r 
pannel  troiterously  designed  to  debar  his 
royal  highness,  his  m^esty^s  only  brother, 
from  his  right  of  succession  ;  in  order  lo 
which  he  endeavoured  to  get  himself  elected 
one  of  the  commissioners  iior  settling  a  colony 
in  Carolina,  Uiat  he  might  thereby  hare  better 
access  to  treat  with  the  ear!s  ol  SUattJ«bury, 
lord  RusaeU  and  others^  who  had  sintered  into 
a  coDSpiracy  in  England  against  his  mf^e^tyV 
peraon  and  government,  and  with  cclonet 
Rumaey,  Walcot  and  utbers,  w^ho  had  con- 
spired tne  murder  of  the  king  and  Uis  brother, 
and  went  to  fiugknd  biniself  iopusLi  turwanl 
the  people  of  England,  wbu,  be  said,  did 
notbing  but  talk  ;  atid  af^er  he  had  settled  a 
correspondence  here,  did  transact  with  ibo 
said  canspiraiors  to  geta  sum  of  money  to  the 
late  eati  of  A^gyle  a  ileclared  traitor,  for 
raisiniyr  a  rebellioa,  and  4lid  cliide  the  English 
oonspjrators  for  not  sending  it  seasoiiably, 
Attd  among  many  niber  meetings  at  Londuu, 
iaofiary,  P<iiruary,  Jdarch,  ApriJ,  or  May 
1683,  for  carry  ing  on  the  said  traiteronadet^pi, 
had  one  in  his  own  chamber,  wbeve  wecaine 
lord  Mehnl,  sir  John  Cochran,  Cesnixdc  elder 
and  younger,  with  Mr,  William  Veitt^h  a  de- 
clared traitor^  and  did  treat  of  seailin^  the 
fcrasaad  moDef,  and  the  Scciiii  upon  tbeu*  at- 
leanplinr  any  €bing  tor  their  own  relief,  their 
petting  bofse  Irnm  England^  niid  seatdowti 


Mr.  Robert  Marlio  from  that  iiieetiog  In  pre- 
vent  aoT  rlsiiigan  HeaUand,  till  it  sliould  be 
caaaanable.  Wbicb  Robert  ilid  treat  with 
Pol  wart  aadctbem,  abaul  sacttriyg  4he  offi- 
cars  of  atate,  caaHes  and  Ibroea  in  IScutland, 
and  pullmg  tbnir  associates  in  readiaeas  lo 
asaiat  the  eafl  cf  Argyle.  That  he  did  car- 
ietpand  w^lh  F^t^gnaon,  Ara»strong,  Humse^, 
ana  Walcot,  who  were  privy  to  the  bomd 
part  ef  the  consprracy !  at  least  be  cor- 
remanded  with  the  late  earl  of  Ar£^  le,  attd 
Mr,  William  Veitcb,  dccUu-tHl  *rait<irs,  wLnre- 
tbrongh  be  has  oomiitttle'^  of 

ibe  onines  of  htgli  traaaon 
^*  J«r>'i»ii«oo{l'fia^QCfttes  pled. :  JiJ 

ant  tonai^to  the  knnwiedgeuf  ai.  jm - 

canae  lie  bad  not  gaUten  a  cilalina  of  j^iunsi 


il. 


7 15 1  STATE  TRIALS,  36  Chasles  U. 

rdnys^  and  was  jtrectudcd  Ivis  exculpation  ;  ftnd 
thy  act  of  parhameiit,  nil  {lannels  bHWrtt  the 
Lcmuinal  Cfmrt  itre  aWowiMl  to  rnim  precepts  of 
Fcxculpatioo,  which  mpjios^s  a  competent  time, 
^  noi  here  aIlo\%  ed.  Thu  the  kine^s  advocate, 
I  bis  Crimtuals^  title  of  libels,  alTcm-g,  and  the 
[  lords  de^nJed  il  in  the  case  of  Robertson  1673^ 
lyfho  albeit  he  got  his  libel  in  prison ,  by  an  in- 
erlocuiur  behoited  to  have  fifteen  days.  The 
Jvocate  oppoues  the  constant  tract  of  deci- 
Efetons,  and  says^  that  act  of  parliament  is  only 
Jn  cases  wheVe  a  summons  or  libel  is  to  be 
used  ;  but  here  there  is  only  au  indictment, 
llBor  xTtks  exculpatlan  sought  lierorc  the  trial, 
flthich  is  Hie  caiic  in  the  act.  However  it  Is  , 
jlain,  decisions  can  never  prove  any  thin^ 
igninst  law.  .\nd  Jerrisirood,  as  viti  heard) 
elitioiied  for  excuJpnlion  :  yet  the  lords  repel 
defence  for  the  reason^s  given  by  the  ud> 
ate, 

*\  It  was  further  atledged  for  Jei'viawood, 
hat  the  harbouring:,  entertaruiog-  and  inter* 
bmmuuing  with  tlie  persons  uauiei),  is  ^  res 
►  hactenus  judicata,'  and  the  panoel  already 
loed  by  the  council  in  a  vust  sum  upou  lliat 
sccount.  The  advocate  restricts  bis  Itbel  to 
be  panners  entering  into  a  conspiracy  ibr 
Hising  rebellion,  and  for  pi-ocuring-  money  to 
be  sent  to  the  earl  of  Arg^le,  and  concealing', 

and  not  rev.' -  ''  s.     It  is  replied,  that  Jer- 

riswood's  *  n^  with  Argryle  at  any 

timetioce  i..^  ......Lure,  was  expressly  pro- 
pounded as  an  inlerrog-atory  before*  the  council, 
and  that  not  only  by  himself  but  likewise  bv 
major  Holms,  ftfr*  Carsiairs,  West,  HhephenI, 
ttumbold  ai;\d  Rutusey,  and  refers  it  to  a  double 
of  the  act  of  council  writ  bytbeclerk^s  servant, 
aud  to  my  lord  advocate's  oath  ;  and  as  to  IMr, 
Veitch,  l\e  was  not  declared  rebel. 

'*  Sir  John  Lawder  for  the  king:,  oppones 
the  council  decreet,  where  no  such  interro- 
gatory was  put  to  the  pannel,  which  must  bear 
more  faitli  t'  -   ^^crol,  and  rannot  betaken 

nwjiy  by  h  advocate's  oath,  to  ihe 

kin;^*s  pr*j.M  -,.  .  „iiJ  adds,  Mr,  Veitch  wns 
forfeited  t607,  and  I6(i9,  the  tbrfeiture  was 
ratified  in  parliament.  To  this  it  is  replied, 
that  he  does  not  appearlo  be  the  person  nainoit 
in  the  net  of  parliament,  and  though  be  wercj 
lie  came  home  since,  and  all  the  punishment 
inflicted  on  him,  wns  Kani<«hiuent,  not  to  return 
nndtr  pain  of  death,  which  took  oif  any  former 
pitni'ilunent,  and  it  was  no  ciime  to  intercom- 
inline  with  him,  esjiecially  in  another  king- 
ilom  ;  and  bv  the  act  of  council  16B3,  the  con- 


cuhmBH 

,  the  QviS 


Il  vv^iiiAur 


I  to 

Tits 
n-JOlJ  of 


[▼ersnr        ^  1  traitors   ' 

rbitr  The  a.l 

t  dwk.i.  V4  JV..1L.HUH.,  and  the  |j 
l>uncil. 

1?  The  lOrilt  ^:r;*t"iin     i}if     lihtl    xi^    f•^^t^r^*''lp j 

iHmt.  ar 

••  first  ftfi^'  unsi  whom  Jerviswuod's 

advoC'Ule^  >  >i  be  is  *  socius  ct-imims,' 

and  hy  54  cap*  ^tal.  2,  Rob.  t,  nnd  likewise 
under  an  indictment  of  high  trea-son,  and  being' 
imdcr  the  iuxpresflions  of  fear  and  death ,  ou^^ht 


ncnto  be  admitted;    The  advoottle 
that  in  conspiracies  *  ao<  \\     '         v*  fast e 
been  admitted,  because  r,  itncflMt 

be  had,  and  the  earl  hath  imh,  ...... .lefert 

any  security  tbr  his  dejKjning*.     The  law^v 
for  the  panneh>"l^    th^  viniui**  (»f  king  RotH| 
sundsin  full    r  lex 

*  guit,  non  est  ^  ' 
eari  vh  incari'crate  for  the  f^ame  crime, 
under  an   indictment  of  high    treaitMi 
thrown  himself  upt»n  the  king^**  me 
cannot  be  witness,  seeing  the  kin§f 
him  his  lite  or  not,  and  m  such  circun 
a  witness  was  never  admitted.   Yea,  1 
Tarras  is  to  be  considered  lu  coixleiiiiittl  I 
the  crime  of  treason,  neeinir  he  foil  umI  ilB|l|f 
contcssed    the  crime,    and    never  «iy  fciiy 
allowed,  that  *  dumuatiis  criminij* 
*jestat»s,'  could  be  admitted  as  a  w»t 
which  he  addnceth  many  lawyers,     8ir  I 
Lockhart  for  the  kinyr  oiMmtiL^,     i\%i\i  ^ 

*  criuiinis'  arc  atlmitteif  v. 

*  crimiuibus  ejf ceptis, *  win 
lawyers  ;  and  that  the   eail    of    I 
snbmitteil  to  the  king*s  mercy,  is  n 

*  socius  criminis  ;*  and  if  this 
conjurutionst  of  treason  could  r 
Another  of  JervLswi      "    ' 
there  are  some  obp 
witnesses,  even  in  ^  m  ^ 
example^    that   he  is  a  < 

*  sub  |iotestate  at^'usatoris,    — : 
Tarras  is  by  his  subnussion   and  « 
and   he  having  submitted  his   ftf» 

to  the  king,  i«i  in  the  case  ot  wbo 

absolutely  dependit  U}>on  his  t'  vl^v- 

cate   the   pursuer,    and   in  a   pri^uir  prveo* 

*  testes  domesiici,'  and  such  as  mtirH'.  flepeurf 
on  a  person,  wdl  not  be  wffi 
theargfument,  that  at  thi  ^w- 
soo  must  '               ' 

jcfity*fi  ad'. 

before  he  iiiui  i  ^j*^ 

tf»e  ttniir  of ;»  c  but 

have  inriuenci^  i...  ♦..**.  »-  .i  ^i  . 

they   tug'ed  that  none  tmdei 

can  I''  :n!uitU*M!,  uo  more  than 

and  ^  even  in  ''«wi,' 

butti  lu^terially*  u^tA 

indictment  he  ciJtjle»<*eth  ;  aiui  tievtt  «  Uwycf 

asserted,  that  n  nti-sou  convict  of  treason  rwiW 

be  admitted  a  witncsi»  - 

**  These  reasonings  were  «o  fitran^^  that  (lie 
publisher  of  JerviHAvood's  .  >''" 

On  the  marjfin,  as  if  he  h 
earl  -      "  '         " 

de[H( 

the  earl,  for  whtch  he  vs 
there  rum  Id  be  no  t^romsi' 
ctrcumst^vnces,  whir^ 
cd.     This  migfht  be 
and  I  doubt  not  but  it  whs  ;  au 
was  convict  hy  confession,  th^i 
of  witnesses,  but  ut  abundanit  to  cwWui  ths. 
design  the  better. 
'«  Howeveri  the  lords  repd  all 


PATETJllALS,  S6CHA»LK*f!*  l6S4;— /or  Hig 


[718 


r,  nf  nppn  ^sioii*  after  the 

vOud'*    CHSL% 

ak  3^n1  talk 
luj^  I  a  iUi:  kln^  to  i.^\'rhuie 
fttiil   lluit  tliey    tliscourKeil 
'  i  «*arl  of 
,   came 
to  the 
if  Pi)  ts,  am) 


'  n  to  an  J  iit  rliem, 

fli»'  pTi't.  rts  rt  wns 

<  V  little 

^  They 

ts  made 


nil,  and 


of  Mr- 

lined  be« 

LH^tiimiiti^,  given 

iiun  oalh^  iipim  thir 

loiU,  iU  tlie  j>ri*seric<*  of  his 

fmy  cwuncil.*      Tlii>i  lanks  as  if 

id  h»d  IV  rcncM'ed  his  de- 

MMsnlti  un  e\e  to  hin  dear 

\v  €Oroin$ro[),  than 

►US  to  tiiib  worthy 

^.^  i    "     "      '^j^oRrs  by 

prt4^d,  an.  'mt  that 

IliaiU   rii  '    *i*>fne 

belofi*  JcTviiiwo'  I  nd  dealt 

lily  tn  lu'  ;v  fist  Jcr- 

orrcnee, 
srranted 

•d  bat  to  upfiear  tictbre  the 

'       '  s  that  he 

liis  own 

,^  ..  itii^  not  pre- 

t  told  lli«  1  ler  any  things 

*..    .,   — .;.  ^  tliinj^.     Mr. 

tit^^  ihut  ais  tar  an  be  coutd 

fr<f  Iw-rMtr    till-    rfHituil  ;    but 

ibytbt  iry^ 

, tnd  1  I  wo 

'  by 

avn 

ucie  hhi 

»  tliecoo- 

ii  iiti  iiaa  lAiidc  thu^c  dvck* 


ratione.    ami  exi>pct#il    Uic?   »hnu1d    not    bt 
I...,,..  .f,t  -.    --r  t       -  person,  as  iliey  liJid  |iro- 
111.     ^n^\  this  |9|  i]^H  ihat 
I idfictilur,  UAieen^berry , 
icyMere  suiiiained  oic  au 
;^  /    id's  and  Mufn's  dtrbira* 

lions  were  uroijiicf d^  and  this  wtis  all  the  pifwf. 
**  Before  the  a^st/e  int'low^4l,  the  advocat  had 
a  most  bloody  and  *;eireri^  8|>r'eeb  Ut  tbern, 
^vlierein  every  \\iin\x  is  strrtctiml  to  the  utter- 
most tt^jnst'thc  pn?i!K'L  i  ^  .jII  nut  insert  it 
hpie*  since  'tis  ulready  |nddiHlieii.  In  sfauft,  he 
v         '  i  of  a  th.ti  '  :,  for 

tl  eni^I»iriU'  the 

Uinnfri^,  i\iv  [uu.  t!Cf  oi  the  juil^cs  nr  t.ut;lund, 
who  fuuiiil  (itoor  euoii;j;b  to  foHeit  some  of  all 
»•'!';,  and  in<ji5;ts  upon  the  witnesses  being; 
Mvood'ti  relationii;  and  if  be  be  not  {lU* 
t)»  MO  man  can  ;  the  conspiracy  in  a  cheat, 
the  king's  Judges  murderers,  and  the  witnesiei 
knaves,  and  such  aa  have  died,  martyrs. 

^*  ileg'Oes  on  to  a^^ravate  the  desig-ned  inva* 
sion  and  civil  war  which  would  ensue,  and 
mof$t  catumniouHly  insinuates,  that  the  panocL 
vijis  \%T\vy  to  Ilounfs  desii^n  to  kill  the  kin(|f  rl 
.  eas  the  readtM-  will  observe  in  Bourn's  de- 
'  n^  that  Jerviswood  was  with  them  mere- 
ly aiifiut  the  money  to  lie  irasLsrmtted  to  Hol- 
land.    He  re|jn»aclies  Uira  with  being-  nephew 
n-i  s.7tv-in-law  to  the  lord  Waristoun,  wbichf  f 
>t\  Jcrvisivood   reckoned  a  ^reat  honour 
.  .   biippine!%Sf  and  nlled^es  he  was  ring^leader  < 
in  Scotland,  and  g;nitty  of  treason  as  much  aa 
Blackwooi!|j  whom  he'mightbave  been  ashani<* 
ed  to  mention* 

*^  Then  the  probation  is  summed  up  with  I 
much  cunning-,  and  many  stretches.  Amonj 
other  thin^  he  alledges  Mr.  Carat^rs^a  friend 
ship  for  Mr.  Baity,  aa  an  argument  of  the  truth j 
of  his  deposition,  which  was  emitteil  when  he^ 
knew  it  was  to  be  used  against  JcrviswooiU 
Af[er  what  bath  been  narratefl,  the  reader  will] 
very  much  question  the  truth  of  this,  3Ir.  Car- 
stairs  provided  exprtssly  ag^aiost  it,  and  unleaij 
he  knew  the  people  about  him  to  be  faith lestal 
and  villanous,  he  could  not  know  tbt!^. 

"  He  insists  a^aiu  upon  the  clearness  of  th#1 
probatiori,  that  Jerviswood  was  accessory  loFl 
Arj^-yle's  desif^u  of  invadini^  tiis  country,  audi 
adduces    Itathillers  case,   wherein   he  saya^f 
thcr*;  wHu  bvit  one  witness,  and  Uiat  td'  two  meoj 
l>6iore  the  circuit  at  Gluiiexiw,  aj^aiuirt  whony 
there  were  no  w^tjie»se.i  of  tb'iir  Kitlin;^  two  i 
liie  ijrnardt  but  only  their  not  diM'luituing  the 
t;ui!t,  and  puttiu&jf  the  court  on  proof;  and  uiufusl 
iJouchar^  ense,  and  s^ay^,  if  a  Greutlcman  waf  ] 
lately  found  i^uiUy  of  higbtreuson,  by  tht?  opi-l 
nion  of  all  the  lords  of  tlie  xe^^iMi,  tor  not  re« 
veating  that  sir  John    Coehrun   voughl   fiftj 
pounds  sterling-  fi-oin  hiuK  though  he  refua 
the  %auje»  and  tbougli  be  believed  it  wa»  «ougli|^ 
for  a  cbaritubte  ^iul^iistence,  what  deserve«  tbtr 
pannel  who   sought  tbiriy^  thoufiand    pound 
slerli?*!^?    Thus  we  see  pre**eib*fit«<  mud** 
their  own  iijiquous  and  MO  pfect'' 
TheAdvorutf  closcjiull  by  *hcv  11 

itQi  HQ  much  upoQ  thu  probaUuu  to  wcmiuct] 


719]  STAT£  TRIAf A  36 Charles II.  ifiS-t^TnVr/o/  BMlieqfJerwitwood,  [720 


the  assize,  as  the  work),  that  there  was  a  con- 
spiracy ;  and  indeed  this  speech  seems  con* 
trived  on  purpose  to  stretch  e^ery  thing  against 
Jerriswond. 

**  I  wish  I  could  gife  as  f[Ood  an  accooot  of 
the  mo? ing  speech  Mr.  Baily  ha4  to  the  in- 
quest, audthe  home  thrusts  he  ga?e  the  advo- 
cate ;  but  I  can  only  say  he  appeued  to  the  advo- 
cate's coDScience,  vrhether  he  was  not  satisfied 
as  to  his  innocence,  and  had  not  owned  so  much 
to  himself;  which  the  other  acknowledged, 
hut  adiled,  he  acted  now  by  order  from  the  go- 
Temment ;  and  to  the  advocate  and  judges,  he, 
like  a  dying  man,  most  pathetically  disclaimed 
any  access  toy  or  knowledge  of  any  design 
against  the  king  or  hts  brother's  liie;  but 
added,  if  his  life  must  go  for  his  essays  to  pre- 
vent a  popish,  succession,  he  owned  them,  and 
heartily  parted  with  his  life  as  a  testimony 
against  a  papist's  mounting  the  throne. 

*<  When  all  this  is  over,  the  assize  are  or- 
dered to  inclose,  and  bring  in  their  verdict  to 
morrow  by  nine  of  the  cwk ;  wliich  was  done, 
and  is  as  follows.     <  The  assize  in  one  voice 

*  finds  the  crimes  of  art  and  part  in  the  conspi- 

*  racy  and  plot  libelled,  and  of  concealing  and 

<  not  reveahng  the  same,  clearly  proven  against 

<  Air.  Robert  B^ily  the  pannel,  in  respect  of 

*  dqiositions  of  witnesses  and  adminicles  ad- 
'  dnced.'  Stratiimore,  Chancel. 

*<  Upon  the  opening  of  the  verdict,'  The  lords 

*  decerned  and  adjndged  the  said  Mr.  Robert 

*  Baily  of  Jenriswood,  to  be  taken  to  the  mar- 
«  ket-cross  of  Edinburgh,  this  S24th  dav  of  De- 

*  cembcr,  'twixt  two  and  four  in  the  anemoon, 
*'  and  there  to  be  hanged  on  a  gibbet  till  he  be 
^  dead,  and  his  head  to  be  cut  off,  and  his  body 

*  to  be  quartered  in  four,  and  his  head  to  be 
'  atfixed  upon  the  Nether-bow  port  of  Edin- 

*  burgh,  one  of  his  quarters  on  the  Tolbootii  of 
'  Jedburgh,  another  ou  the  Tolbooth  of  La- 

*  nerk,  a  third  on  the  Tolbooth  of  Air,  and  a 
'  fourth  on  the  Tolbooth  of  Glasgow,  and  or- 

*  dain  his  name,  iiime,  memory,  and  honours, 

*  to  be  extinct,  his  blood  to  be  tainted,  &c.  as 

*  in  common  form ;  which  was  pronounced  for 

*  doom.' 

**  Tims  this  saint  of  God  is  hasted  away  to 
fais  father's  house.  In  two  days  time  they  begin 
and  end  his  process,  and  executed  him  as  if 
tfiey  had  be(*n  in  fears  of  being  presented  by  a 
natural  death.  His  carriage  was  most  sedate, 
oonregeous,  and  christian,  af^r  his  sentence, 
and  during  the  few  hours  he  had  to  live.  And 
at  lus  execution  he  was  in  the  greatest  serenity 
of  soul  possible  almost  for  a  person  on  this 
aide  of  heaven,  though  extremely  low  in  his 
body.  Heprepared  a  speech  to  have  delivered 
on  the  scafiold,  but  was  hindered.  Under  the 
prospect  of  this  he  left  copies  with  his  friends, 
and  It  deserves  a  room  here,  as  containing  a 
abort  and  distinct  view  of  his  case. 

The  Last  Spbsch  of  Mr.  Robert  Baily  of  Jer- 
viswood,  who  died  at  tlie  Cross  of  Edin- 
burgh, December  34,  1684. 
•  Having  noeived  such  usag«  as  I  bare  done, 


and  having  got  so  short  tine,  itMnnot  be  ex- 
pected mm  me  in  reason  that  E  ahonUsay 
much. 


'  Only  for  my  own  vin 
dkatkm  of  my  religiou;  I  do  tertify  wd  de- 
darain  the  sight  of  the  omniflcieat  'Ood«  awl 
as  I  hope  for  mercy  on  the  di^  efChnsi's 
appearance,  that  I  was  nearer  oomGWOi  to 
any  conspiracy  against  the  life  of  fan  sacnd 
majesty,  or  Uie  life  of  his  royal  highness  tbe 
dnke  of  Albany  and  York,  or  tbe  life  of  My 
other  person  whatsomever. 

'  That  I  was  never  conacioiii  to  any  pfotia 
any  of  the  nations,  for  the  overthrow  and  ssb- 
version  of  the  g^emment ;  and  that  I  de- 
signed nothing  in  all  my  pubfic  appearanon, 
which  have  been  few,  but  the  preservatirio  if 
the  protestant  religion,  the  safety  of  hk 
mi^iesty's  person,  the  continuation  of  earis- 
cient  government  upon  the  foundatisM  sf 
justice  and  righteouaneas,  the  rodresaiiyrf' 
our  just  grievances  by  king  and  parliaoNsi, 
the  relieving  of  the  oppressed,  and  pottia^s 
stop  to  the  sheddi ng  of^blood. 

<  As  for  my  principles  with  relation  Is  p- 
vernraent,  they  are  such,  as  I  ought  nst  to 
be  ashamed  of,  being  consonant  to  the  swd 
of  God,  tbe  confessions  of  fiiith  of  ike  le- 
ibrmed  churches,  the  rules  of  policy,  lesns, 
and  humanity. 

<  I  die  a  member  of  the  church  of  SeoHmd, 
as  it  was  coaiktitute  in  its  best  and  pmit  liw 
under  presbytery,  judging  that  wm  sf §»- 
vernraent  most  conducmff  to  piety  and  gw- 
liness,  and  most  suitable  for^ia  natioo. 

'  1  die  a  hater  of  popish  idolatry  and  super- 
stition. The  fabt  zeal  I  have  had  w^iuMSt 
popery,  and  for  the  preservation  of  theps- 
testant  religion  in  this  nation,  hath  brougM 
me  to  this  condition.  I  am  very  apprebes- 
sivc  popish  idolatry  will  be  the  plague  of  8ooi- 
hmd. 

*•  God  open  the  e^es  of  hia  people,  to  umwMr 
the  hazard  they  are  in  of  popery.  It  kco* 
the  generation  is  fitted  for  it,  and  all  tbe  cs- 
ginesof  hell  have  been  nwde  useoftode- 
bauch  the  conaciencea  of  people,  that  tli^ 
may  be  fitted  for  idolatry  and  supsnti6oa. 
Men  are  compelled  to  take  oontradidory 
oaths,  that  they  way  beheve  things  that  hs^ 
a  contradiction  in  them. 

'  I  know  I  will  not  be  allowed  to  speak  vbij 
I  wouM,  and  therefore  I  will  say  littk.  | 
bless  God  this  day,  that  I  know  wbom  1 
have  believeil,  and  to  whom  I  have  cosi- 
mitted  my  soul  as  unto  a  feithful  keeper.  I 
know  1  am  going  to  my  God  and  chief  jo^' 
My  soul  biesseth  God  wid  rejoyceth  io  liii|"i 
that  death  cannot  separate  botwixt  nesoi 
my  God. 

'  I  leave  my  wife  and  children  opoa  tk* 
compassionate  and  merciful  heart  <if  1*5 
(*od,  having  many  reiterated  aasuraucet  tbil 
God  Mill  be  my  God,  and  the  portkNB  v 
mine. 

*  I  bless  and  adore  my  God,  that  dtathftra 
'  long  time  hath  been  no  terror  to  ■€»  kil-i** 


I]  STATE  TRIALS,  36CHAitLES  IL  l684.— /or  HighTteaion. 

^theCTiMich  desired;  and  that  ray  blessed  Jesus  |  o^er  on  the  bed,  and    fell 

*  limth  taken  the  stiny  out  of  ft,  «nd  fimdc  it 

*  a  bed  of  roses  to  all  ibai  have  luiil   holtl  oo 

*  Jiim  by  faith,  which  worketh  by  love, 
B^My  iioiil  bleeil!!  tor  tlie  deplorable  condition 
0f  the  church  of  8coiUm1 ;  we  are  losing  tbc 


•g^peJ,  liaring-  fiillcu  from  our  tint  love  and 

*  ze&l^  tbercfore  God  is  threaietjiD«^  to  ajjue  us 

*  901  of  his  TTioulh.     Oil  thai  my  tdood  iiiij^ht 

*  oontrihute  ir\  the  least  to  awakeu  the  remnant 
■to  do  their  rtrsl  works,  and  mii^ht  cootribute 
^  lo  establish  any  of  biii  in  the  ways  of  hotine^!) 

Ed  H^>teot]!me«9. 
1  have  iiad  sibarpsufFefingsfor  a  considerable 
nc,  and  yet  [  must  say,  to  die  commenda- 
^  iiot]  rtt  I  he  grace  of  God,  irfV  snfJenng^  time 
^  hath  been  in\  b^st  lime  ;  an<l  when  eny  siiH^^r 
'  iiiga  have  lievin^harj^est^  my  spiritual  ju^  s  and 
'  consolations  have  been  jfreatest.  Let  none 
be  afraid  of  tiiecioss  ot'^Christ,  hi«  cr»>!>s  h 
'  out  greatest  (fiory.  l*et  all  who  lore  UiH\  in 
HbCM-lty,  prepare  for  the  bardt^l  of  sufteuntr, 
^k  fire  anil  gibl>eU  ;  the  avt>r,S)ition  thai  is  in 
■I  to  the  crofs  of  Cbrist^  b  Ibe  bane  of  our 
^vi>fedsor9, 

B^l  am  mnrh  afraid,  that  Christ  wilt  be  put 
^■0|>en  sbuiue  in  JScoiland,  nntl  will  be  cru- 
Hneti  afresh,  andUis  prectoa«  blood  accounted 
'  tmboly  and  polluted,  and  that  Christ,  in  bi(» 

*  members,  may  be  buried  lor  u  ivhile  in  the 
yet   I  have   ^of»\   tf*tmnd  of  hope 

tgieve,  that  the  sun  of  dirhtcousness  will 
oe  agaiu^  with    healing    under    bis 

( that  God  wtndd  awaken  his  remnant 
bile  it  h  to  day^  tliiil  ihey  may  consi<ler 
lial  Wlongs  to  I  heir  pesicp.  SVo  will  be 
^Ihemifial  arc  instrumental  to  banish  Christ 
at  of  the  land,  and  blc!$sed  uie  they  wtio 
'  are  instrumental,  by  a  gvspt-l  conversation, 

S  continual  i^resthn^-  with  God,  to  keep 
iat  in  the  nation.  He  iit  the  glory  of  a 
,  and  if  we  could  but  lo¥e  hmi,  he  could 
.„.  part  with  us,  Wo  be  to  them  that  would 
'  nther  banish  Chrisiit  ont  of  the  land  than  lore 
f  him.  God  pour  out  his  spint  ptenteously  on 
^  lua  poor  remnant,  that  they  may  ^ve  God 
^IS0  rest  till  he  make  bis  Jerusalem  the  joy  and 
>  praise  of  the  whole  earth, 

*  I  have  DO  more  tiiiic,  but  they  who  love 
'  {j<m1  t  hope  bnve  miudect  me  in  my  atlliction, 
taid  do  mmd  me  now,  and  wilt  mind  my  wife 
^vd  children.  I  go  \%  ith  joy  to  him  who  is  the 
^hy  and  bridegroom  of  my  sout,  to  him  who 
'  la  the  Suviour  and  Redeemer  of  mj  soul,  t 
'  go  with  rejoycin^  to  tlie  God  of  my  life,  to 
f  my  portion  and  iolieritanee,  to  the  husband 
j^  my  loul.     Come,  Lord.* 

|v  I  hare  several  crrcumstaoces  of  this  ex- 
eefleot  person's  carriage,  during*  the  trial  and 
eacecutioa,  toa  large  to  be  insert  here.  When 
bia  aentetiee  was  intimated,*  be  aaid«  My  lords, 
the  tiDie  16  short,  the  sentence  is  sharp,  but  f 
Ihauk  my  God  who  hath  made  me  &s  ^t  to 
die,  as  ye  are  to  live.  When  ^nt  back  to  his 
L  iQ  the  prison,  af^sr  tenteQce^  he  laaaed 

YOU  X* 


nto  a  wonderful 
rapture  of  joy,  froiri  the  ai*yti ranee  he  hud, 
that  ID  a  tew  hoinis  he  Ntoidd  be  inconeei^blv 
happy*  H^inf^,  a(ttr  a  little  silence,  itkiiil 
bow  he  was,  he  answered,  Never  bHter,  >ind 
in  a  few  hours  Til  be  weli  beyond  allcoticep- 
tion  ;  they  arc  gfoioar  tf»  *^nd  ine  in  pieces  and 
quartets  through  the  country,  ihey  may  ling: 
and  hew  my  lioJy  ns  they  please,  but  f  knoty 
assure  ily  nothing  shall  be  lost,  but  all  these  my 
members  shall  be  wonderfully  ifatbere*!,  and 
made  like  Chrin's  glorious  body.  When  at  ' 
the  sciiffold.  he  was  not  al>le  to  go  up  the  lad- 
der ^^iiboMl  suppoit.  When  on  h,  he  said,  My 
f^int  zeul  for  the  protestanl  religion  hs5 
brought  me  to  this  end ;  and  the  di  iimi«  inter- 
rupted him.  Their  spite  againsii  ht<^  Uo(\y  wm 
very  great,  and  i  am  tdd  ilie  quarters  ot^t  lay 
in  the  thieves- bole  for  three  weeks,  befoi*e  they 
were  placed  as  in  the  sentence, 

**  There  are  some  other  noblemen  and  gen- 
tiemcn,  1  meet  with  this  year  in  the  couiidl- 
registers,  attacked  for  the*  plot,  as  the  earl  of 
Tarras,  who,  as  we  have  heard,  was  indicted 
before  he  was  made  use  of  as  a  wiiocss  aguinst 
Jerviswood,  and  the  laird  of  Polwiirt,  smce  the 
revolution  chancellor  of  Scotland,  and  king^s 
commissioner,  and  Fringle  of  Torwooillie,  and 
wuTie  others  ;  but  their  processes  not  being  . 
brought  to  an  issue  till  next  year*  1  reserve 
rhtMu  till  then,  that  we  may  have  the  1\dl  ri«w 
of  all  which  concerns  tbem.^' 

And  in  the  Additions  and  Amcndmetits  pre* 
lixed  to  his  second  volume,  Wood  row  saji, 

**  Afler  the  case  of  that  singular  person  Mr, 
Baily  of  Jerviswood  was  nrinled  oil;  I  received 
anairativeof  some  further  circumstances  of 
his  Trial  from  a  worthy  friend  of  mine  who 
was  present,  and  a  inoiu-nful  spectatoi\  What 
passed  mud^so  deep  impri>ssiou  ujmn  him,  tliat 
lie  is  distinct  as  to  the  very  words  and  phrases 
that  were  used,  and  1  thought  they  desened  a 
room  here. 

V  Jerviswood  being  much  indisposed,  came 
to  the  bar  of  the  J  unticiary  in  his  night- gown^ 
attend  id  by  his  sister,  wbi»  several  times  gave 
lilm  cordials,  He  being  so  ill  as  he  was  obhgad 
to  sit  down  on  a  stool.      He  hear«l   all  x^ry 

fmticntly  j  only  when  — — — — -  was  reading 
lis  long  narrative^  Jerviswood  would  now  and 
then  look  up\^ards,  and  hold  up  his  bands. 
When  the  detlarutions  andatftdants  that  came 
from  England  were  read,  be  appeared  to  be  in  *^ 
some  concern,  and  saidf  Ob,  oh  I  starin;j  upoa 
the  king's  advocate, 

**  But  when  the  advocate,  in  his  disgoarsc 
to  the  assize,  insisted  on  those  declaratioD^  and 
alEdavits,  and  enlarged  more  fully  upon  Uiem 
than  in  the  speech  be  caused  prmt  m  Jervjs* 
wood's  trirtl,  then  Jerviswood  staretl  him  ^ery  , 
broad,  and  appeared  to  be  very  much  troobleo. 
'^  Al>er  the  advor-atehail  eudeil  his  dltcourse, 
Jerviswood  desired  liberty  of  the  earl  of  Lin- 
lithgow, to  speak  a  few  >^ords,  not  bring  able 
to  say  much  because  of  bis  great  weakness. 
Which  being  gratitad  bespakatu  tbifi  purpose* 
3  A 


723J  STATE  TRIALS,  36  Chaklbs  U.  t6S4^7W«/  of  BaiUk  efjkrwimhai.  [79f 

■ence  of  yonr  lonkliipt  ind  ftH  bera^  I  ao- 
lem&ly  declare,  that  lusver  was  I  proomled, 
or  privy  to  any  auch  thing,  and  that  I  aUiar 
and  detest  ail  thouffbts  or  onnpiplea  for  toiidi* 
ing  the  life  and  btood  of  hia  am^  iiug«atj« 
or  hia  royal  brother.  1  waa  ever  fiw  monar- 
chical gOTemment. 

"  And  then  looking  diredilv  apop  theldng'a 
advocate,  be  aaid,  ^  My  lord,  J  think  it  very 
strange  yon  charge  me  with  anch  abominaUa 
things  ;  you  may  remember*  that  when  joa 
came  to  me  in  pnaon^yon  told  meauch  thinga 
were  laid  to  my  chaive,  but  that  yoa  did  not 
beticFe  them.    HoW  Aeo,  my  loni,  cone  yon 
to  lay  auch  a  atain  npon  me,  with  an  wmk 
violence  P   are  you  now  oonvinoed  in  yow 
Gonsdenoe,  that  I  am  more  gmtty  than  be- 
fore ?   You  may  remember  what  paaacd  be- 
twixt ua  in  the  prffon.' 
*<  The  whole  audience  fixed  their  cyea  npan 
the  advocate,  who  appeared  m  no  email  coof*- 
sion,  and  said,  *  Jerviawood,' I  own  what  yon 
'  say,  my  thoughts  there  vrareaa a privUe  maa | 

*  but  wliat  I  say  here  is  by  spccml  diredioa  of 

*  the  privy  council ;'  and,  pomting  to  air  Wil* 
iiam  Faterson, cleric,  added,  'he know*  ny 

*  orders.'    '  Well,'  says  Jerviawood,  *  if  year 

*  lordship  have  one  oonsdenee  for  faanal^ 
'  and  another  for  the  council,  I  prav  Gad  fir« 
'  give  you,  I  do.'  And  turning  to  too  jaaliQa- 
general,  he  aaid, '  My  kMEd^I  trouble yo«  M« 
«afaipanofuilherJ'^ 


That  the  sickness  now  upon  him  in  all  human 
appearance  would  soon  prove  mbrtal,  and  he 
could  not  live  many  days  ;  but  he  found  he 
was  intended  for  a  public  sacrifice  in  his  life 
and  estate  ;  that  he  woiikl  say  nothing  as  to 
the  justice  of  their  lordships*^  interlocutor,  and 
was  sorry  his  Trial  had  given  them  so  much 
and  long  trouble,  by  staying  so  kmg  in  the 
court,  it  beinff  then  past  midnight.  -  And 
«^then  addressed  himself  to  the  assize,  teHing 
them,  he  doubted  not,  but  they  would  act  as 
men  of  honour  ;  that  there  were)iard  things 
in  the  depositions  of  the  witnesses  against  him, 
which  was  to  be  their  rule,  and  that  nothing 
he  could  say  was  to  prevail  with  them ; 
yet  for  the  exoneration  of  his  own  conscience, 
and  that  his  poor  memory  and  family  miffht 
not  suffer  unjustly,  he  behoved  to  say,  tnat 
the  most  material  witnesses  were  corres- 
pondents, and  life  might  be  precious  to^ome ; 
tliat  one  of  them  was  very  happy  in  a  me- 
mory, yet  he  was  sure  there  were  some  things 
said  to  be  spoken  in  a  meeting  where  he  was 
which,  be  was  positive,  were  not  at  least  while 
he  was  there ;  withal  be  most  heartily  foigave 
them.  But  there  is  one  thinsTt  says  he,  which 
vexes  me  extremely,  and  wherein  I  am  in- 
jured to  the  utmost  degree,  and  that  is  for  a 
plot  to  cut  offthe  kms^  uid  his  royal  biffbness, 
and  tliat  1  sat  up  nights  to  form  a  dechration 
to  palliate  or  justify  such  a  villainy.  I  am  in 
probability  to  appear,  in  some  hours,  hdfore 
the  triboool  of  the  Great  Judge,  and,  in  pee- 


Proceedings  against  John  Sfreull  and  Robert  FFnGUSoN, 
in  the  Court  of  Justiciary  at  Edinburgb,  for  Treason  and  Re- 
bellion :  SSCharlksIL  a.  d.  liiSL  [Now  first  printed  fjom 
the  Records  of  Justiciary  at  Edinburgh.*^] 


HA  JurnciARlA  8.  D.  N.  Regis  t«Ua  in 
Frffitorio  Burgi  de  Edinburgh,  secundo 
di«  Mensts,  Martii  1681,  per  HonorabiJcs 
viros  Richard um  Maitlaud  tin  Buddop 
JustidariiE}  Clericum,  Robert um,  floiiii- 
Dym  de  Nairn^  Donainos  Jacotiuni  Foa- 
lis  de^  ColintoUQ,  Davidem  Bultoui-  de 
Forrct»  «t  Daridcm  Falconer  de  Nexir- 
totin,  ComiuusionftrioB  Jiif^iciartof  dicti  8. 
I>.  N .  Regit :  Caria  legitime  afiiniiata. 
Intran 

John  Spreuu.,  Api>ollieoarj,  prisoner : 

INDYTED  and  accused  f^v  ibc  cfymes  of 
treason   and   rebetUon    committed  be  biiii   iii 
■jMtier  tnentiotied  in  his  Dittay. 
^pcrjcirerf — Our  fOfereign  lord's  Adf oexite. 
procurators  in  Dtftnct, — Mr,  David  Thoir», 
Mr*  Jmixies  Daes. 

Tlie  lords  ^rtfttinue  the  dyel  against  the  said 
Jolra  Sprcull  till  the  first  Monday  of  iuue  next, 
and  oiJaines  the  bail  I  witnesses  far  the  per- 
wvrer  and  pannall  to  attend  the  said  dyet,  as 
alio  the  haill  assy  sera,  ilk  person  unikr  the 
lAiDe  of  ^00  merks* 

*  The  MS.  of  this  case,  aod  some  ui her  Bcoti 
R,  was  not  obtained  in  time  for  insertion  in 
cbroDological  order.  This  case  formed 
part  of  that  peraecution  of  the  Pre«*byterian» 
wtiicb  is  related  in  the  4tb  voL  of  Mr*  Lainff^s 
liislory  of  Hc:otland,  and  very  circumstantiatly 
detailefl  in  >Vodrow*s  History  of  the  Sufferings 
of  the  Church  of  Scotland. 

Tbe  following  paasagea  in  Fountainhall  re- 
late to  Spreol ; 

*♦  May  14,  1G79,  Mr  John  Spreul  in 
Glasgow  upon  suspicion  was  brought  before 
them,  and  because  he  shiftal  to  call  ii  the  mur- 
der of  the  bishop,  and  to  tell  who  lodged  with 
hifl]  tbe  night  ai\f  r  the  mui^er  happened  ;  he 
WIS  threaicued  with  the  boots,  but  at  Icogtli  be 
iatisfied  them. 

«■*  June  to,  1681.  Criminal  Court,  John 
Spreul  being  pannelled  for  treason,  and  that 
diet  being  deserted  against  him,  and  a  new 
lunimona  of  treason  given  him  in  tbe  very 
court,  at  the  bar,  by  a  Iterald  in  hif^  coat,  with 
adnnd  of  trumpet,  for  being  with  the  rebels  at 
Mb  wet!  bridge,  (though  he  prod  u  ceil  testifi- 
cates  that  he  was  in  f  refanil  all  that  time,)  and 
for  being  prenent  at  Cargill'»  excommunicating 
of  the  kmg.  (but  naked  presence  here  was  not 
trea^i^Mmble,  without  some  farther  concourse 
and  accession,)  and  it  being  all  edged  for  hiiii, 
that  Imog  put  to  the  tortiirci  and  having  per- 


Ci^ai4  JasTiciARi*,  S.  0.  N.Keina  tentain  prfe- 
torin  Burgi  de  Edinburgh  «t»xto  die  men- 
fiis  Juuii  16B1,  per  honorabiles  viru«, 
RichanJum  Maitland  de  Dudilop,  Justici- 
arioe,  Cleric  uni,  Rohertum  Do  milium  da 
Nairnt  Dominos  Jacobtm  Foul  is  de  Co* 
lintoun,  Davidem  Balfour  de  Forret,  et 
Davidem  Falconer  de  Newtoun,  Commie- 
sionarios  Justiciariae  dicti  S.  D.  N.  Regis, 
Carta  legitime  affirmata. 

Intran 

John  Spreull,  appothecary  in  Glaigowe,  pfi- 
soncT. 

Ifidyted  and  accused  for  rjsing  aod  joining 
in  arinei  with  the  rebclLs  at  BothweUbrige  IQ 
Jmie  1679,  in  manner  mentkiDed  in  bis  Dittay. 

Petitwer^^i^ir  George  M*Kenzie  of  Ro«e- 
baugb,  our  aorereigne  lord's  Advoeate, 

Procurators  in  Defence, — Mr*  Walter  Prill- 

The  lords  for  screrml  causes  raoveing  tbera 
deserted  and  be  thir  presents  deserts  tb«  dytA 

umplieiter : 

The  lf»r*]s  continue  tbe  dyet  againit  Robett 
Ferguson  of  Letterpin  till  Fryday  ni^rt. 


severed  therein  without  confession  of  ih:'  crimes 
laid  to  his  clmrge,  the  same  purged  all  liie 
preceditig  indicia  et  pr(tsampti(mc^  that  urged 
Lira,  so  that  be  can  never  be  questioned  oa 
tli«se  again,  except  new  presumptions  should  . 
emerge  against  him ;  as  was  found  in  166'ii  in 
the  case  of  Tosback  of  MoruTaird,  accused  for 
buniing  tbe  to^ve^  of  Frendraught.  It  Nva*  an- 
\  siTere^r by  the  advocate,  that  there  wei  e  tarlher 
presuraptions  t/ua  eum  gravahant^  which  arc 
*  nofiter  venieutes  ad  notitiam/  2do,  His  de- 
nial in  the  torture  could  never  purge,  becatise 
these  who  examined  birri  in  the  toiture  had  no 
lM>wer  nor  commission  iVom  the  privy  council 
to  ask  these  questions  at  him,  and  he  wa^  not 
bound  to  have  answered  beyond  their  warrant ; 
(and  yet  it  woukl  have  been  thought  presump- 
tion enough  in  him  to  have  sought  to  Imnt  ibcm 
to  their  commission.)  Tlie  criminal  lurtls  re- 
pelled tbe  dc'fenci%  and  found  the  torture  purged 
not  the  preceding  iVjf/icia. 

**Onihe  13th  June,  the  said  John  Spreul 

was  tried  at  the  criminal  court,  and  prolsaiioa 

led  against  him,  who  deponed   iliey  saw  one 

I  called  Jobn^prcul  at  Boiliwell  bridgts  hut  tbey 

f.  knew  not  if  tbe  pannel  was  he,  and  there  being 

■  another  of  that  same  name  present  in  tbe  court,  ^ 

I  (who  eonfe&jied  his  Ixjing  at  BoihweU   bt  idge, 

j  and  had  t^ken  the  benefit  ttf  the  indevnnity,)  to' 

whom  all  the  tokens  and  descriptions  they  ifHve 

agiced  taore  thaoto  ibf  pan&«l,  uth^  colour  af 


727J         STATE  TRIALS,  33  C h  abl fes  II,  1 68 1  ,^Pro€eeding$  agaimi 


■ 

I 


CtRii  Ju8ncL4RiJi  S.  D.  N.  Regis  tenia  in  pnc- 

lana  Burgfi  de  Kdiuburirhf  decimo  die 
Mrnsis  Jiitiit,  1681,  jier  hot]orai>ile»  viros 
GuUelmtim,  C'omitciii  dc»  tlutinsberrie 
Ju*Jlidarli,  {TP^t^rflcm  Hirlianliini  M ait- 
land  ds  Duddo[i  ioslicimas  C'luncumi 
Rfibeni,  Doininiim  dc  Nairn,  Doiuinits, 
Jacobum  Fuulrs  de  Colintoun,  Davidem 
Hulfour  de  Forretl,  ei  Davidem  Falconer 
dc  NeMTtoun.  Comittbsionarios  Justjciariie 
dictiS.  D.  IN.  Regis.  Curia,  legitime 

'  Tntrait 

John  Spr fully  ap|inihi?cary  in  Cilns^oii^e. 
.1  Rtihtri   Fdfu&on  of  Lettcrpin,  prisoners  in 
he  Toibaith  ol'  Edinburgh. 

his  KoTSC,  his  having^  a  cap  and  not  a  hal,  a 
black  ju*rukis  6i<.\  Tlje  assize,  upon  this, 
cleaiiJif  d  ami  assoilzied  him  ;  notwitlistanilinii; 
wht^reof  the  king's  advocate  prucured  an  order, 
from  i\\*i  pt'iv}  coanvili  lo  detain  him  still  in 
pnson«  till  be  g-ot  u  new  iTidictment,  which  was 
tho  3d,  to  wit,  fi»r  trea«sonable  eJtpressioDs  ut- 
tered by  him  before  the  ciuunci!,  such  an  re- 
fusing to  call  Bolbwcll  bridge  a  rebellion,  or 
the  asisasHinaliug' iiod  kittini^  the  archbi«ihup  a 
mimler  -.  wbit  h  last  Is  no  trests<fi>,  thoii^^'h  it  be 
a  very  perverse  o;>iiiion. 

*vOn  the  4Mh  June,  the  king^s  advocate 
having  complained  to  ihe king's  council  t bat  the 
witnesses*  ietl  a^^ninst  SprtMsl  had  prevtiritated 
and  deponed  frJst  ly,  at  les^t  did  eonciral  ibeir 
knowledjsfe  :  it  nas  moved  by  my  lord  Haddo 
and  apnioveii  by  the  kio^i's  advocatq,  that  wn- 
ucsscs  in  such  a  case  tm^ht  be  torturetl  when 
they  vary,  as  n:cU  as  p^irlietf.  This  is  indeet! 
ttjjprreabit  to  the  R,  law,  but  does  not  suit  Uie 
^''nius  of  our  nation*  which  looks  upon  the 
toriure  of  the  Boot^  as  a  baibarou<i  reotedy  ; 
arjd  yet  of  late  it  haih  been  fref[Ui^nity  used 
among' us.  1  think,  however,  thcM- wilucsses 
deserve  to  be  piiut^heth  yet  the  *i&sizc  &hou!d 
not  liKik  upuu  the  icsluiionicsof  $itieh  witnirsses 
as  a  full  [irohntioii,  not  belri^  spontaneous  aud 
voliudury,  wliero  ilu-y  eitlier  are  threatened 
with  the  boots,  or  loiturcd. 

»*  Afar  all  this,  on  ibe  t4ih  July  1681, 
Spreul  15*  brouii^hl  before  the  privy  council,  ami 
fined  in  9,000  nierks,  for  refu^ng-  to  depone 
an  en  I  hiii  presence  ut  eotactiticles,  the  same 
being-  referred  to  bis  oath  coufoim  lo  the  2nd 
act  of  Pari,  ICiO  ;  and  he  was  ordained  to  be 
k€nt  tg  the  Ba^s  liU  he  paid  it.^* 

Wodrtiw  says  t 

"  I  shal!  end  this  ?ertion  with  an  account  of' 
the  prcce^fis  ai:uln&i  John  8preul,  apothecary  in 
Glu.'^ji^ow,  who  was  before  the  Justiciary  June 
this  year,  and  give  it  at  lionie  leniy^th,  both  he- 
cause  it  was  afler  torture,  and  uiade  no  httJe 
noise  j  anil  I  havie  distinct  and  attested  ac- 
Cfiunts  of  It,  and  he  continued  more  than  %ix 
yean  a  clof»e  prisoner  al\er  torture*  This  if en- 
tieman  tu  yet  alive  uikr  all  his  sore  sufferings, 
and  I  koQw  his  li^odesl^  will  Dot  allaw  m^  m 


Indyted  and  accused  that  wh«re   notwith*^ 
standing  he  the  common  lawe,  la  we  «f  nati 
luvves   and  act$»  of  parliament,  and   com 
practit^ue  of  llvis  kinj^dom,  the  ry*«tig'  of 
m;ijesiie5  subjects,  or  any  uumher  of 
ihejoynirigand  as^eudileiu!'  tot^rtlur  in 
without  and  contraric  to  lirs 
mand,  wknand  and  authoritie, '^ 
assistiufT,  receptin^,  itttereonnniioiui^,  or  kr^ 
iny  company,   or  correspondcnrf   MTth  suchr 
rebelb,  either  with  orwiihout  5  if|i 

plieujrrofihcm  ^f  ilh  lef  iesof  lutn  j'J  , 

annes,  and  funibbing  them  tvn  ' 

powder,  ball,  or  other  lnuniti"i 
dctQslabfc\    horrid,    bynous    Ana    AtRrmiuxiiiv 
cryme*  ol'  nbelhon,  trcasam  tud  kse  inttffitie, 
and  are  punishable  iriih  fvrfaul litre  aod  cnhiit 

g-ife  lliat  character  of  him  which  he  df^jKrvrf 

and  thcietbre  1  sh^li  only  relate  hi^ 

as  iUey  sl«nd  in  the  punlic  records,  i 

in^  some  other  hints    which    1    hav©  nr«U 

vouchcfi. 

"  Mr  Sprcufs  1  roubles  becran  very  soon  ifhir 
Pentland.  His  father,  Johii  Spreul,  merduit 
in  Pably,  was  fined  by  Middletou,  ahhouj^ 
he  had  sQlTered  tor  his  refusing  the  teodtir;  ne 
paid  the  one  half  of  his  fine,  and  being  pro* 
s**cut»  <)  for  the  other,  or  rather  his  retfivstaf 
the  declaration,  he  was  forced,  with  ratay 
other  worthy*  |>erKons,  to  abscond.  ^Vhen  ee- 
neral  Datziel  came,  a.s  we  have  beard,  to  Kit* 
marnock  1G07.  a  party  of  soidiera  were  Mot  (0 
Paisly,  aud  took  Mr  Spreul,  whose  sti^miigi 
I  am  uiiw  renting,  prisoner,  merely  brcau« 
he  would  not  discover  where  his  lathet  wu, 
At  that  time,  after  tnany  terrible  tbrcatoiofK 
of  beingf  shot  to  death,  roasted  at  a  tire,  tad  m 
like,  and  sume  short  confinement,  he  ivaidii> 
missed. 

*'  In  the  year  1677,  he  was,  '  *  '  n!i«arf 
and  many  «ther  gentlemen,  ci(f  «  mi 

in  Glasgow,  of  which  som  Utn 

already  given.     Finding  1  df- 

signed  against  all  that  con  -  ^ 

absented,  and  wa«  with  -> 
persons  denounced  and  iuf  ;  . 

nothing  w as  laid  to  their  ckiaige  but  mere  n«o- 
conformity, 

'*  This  obliged  him  to  quit  his  hoiiat  md 
sbop»  and  go  abroad,  so  lifetimes  to  BiHIaiid, 
France,  aud  Ireland,  and  merchandi7,e.    H« 
was  in  Ireluud  with  his  ancle  51  r.  James  Alex* 
ander  in  May  1679,   and  came  over  to  feioot- 
land  after  the  scuffle  at  Dnm^clog  in  JIaoe,  1 
and  went  to  his   house  at  Crav*ford's-dvk«J 
where  understand mg  the  conduct  of  the  W«t  J 
country  army,  he  hail  no  fraedom  to  jom  tbetn, 
though   his  own  brother  Jan  es  Spnul,  and 
two  cousins,  John  Spreul  writer,  and  Jobs 
Spreul  merchant  in  Glasgow,  were  with  tlitm 
in  arms*     His  business  obhged  him  to  he  with  J 
some  in  that  army,  but  he  never  joined  them* 

**  A  tier  the  defeat  nt  Botbwel  he  abs(Conde( 
again,  however  his  wife  and  family  was  turned 
out  of  his  house  and  shop,  and  all  the  move* 
abie«  secured,    ^Viihin  %  Uitk  he  retired  W 


729]        STiVTE  TRIALS,  33  Chakles  H.  1681.— 5;prfK//  ondErgyiM,        [750 


ol'  \yit,  land  mid  giHKis ;  anti  be  the  tbirrl  act  of 
tbe4ir»t  (karlbmefil  ol  kia^  James  ibe  rirst  and 
lliretlie  aotl  aeveiith  act  of  his  second  parlia- 


Hoflamlf  a ntl  stayed  there  some  trine,  nliere 
li<?Anog'  of  the  coatintted  )»erseciUion  in  Sent- 
huidf  afift  tjrrawiiig;  Hi  virions  aitiong  the  suf- 
trrers,  he  earner  home  1680,  with  a  ilesign  to 
brills^  (lis  wife  and  family  to  Rotterdam. 

**  When  lurkioGf  ni  Edinburi^b,  Noreinber 
1^,  a  B«vfre  search  was  made  for  Mr.  Cargil 
antl  faU  fuhowers,  and  Mr.  8preul  nas  appre- 
beiMteil  bj  major  JoliofitoiKi  uheii  in  bi^  hvil^ 
mad  bis  ^ods  be  bad  bruu^rlit  fi-om  Holland 
snx^ff  by  the  party,  cboug-b  none  of  ttieni  were 
|iro>liibiteil.  He  was  carried  tuiit  to  the  i^c- 
l»eraJf  and  tiien  t»  the  g-iiard  at  the  Abbay, 
wtirre  Mr.  SIrcne  ami  Archibald  Stuart  were 
prisoners;  wirh  wboin  be  was  carritd  lui  to 
the  Tollw>oth  next  day  about  nine  of  the  clock 
vlicu  the  couneil  was  convened. 

**  By  the  council  retyisiers  we  have  seen  he 
Vms  exiimtued,  November  13,  but  his  answers 
mre  nol  itiavrt,  and  tlierefore  1  shall  give  the 
Vttlwlsaaee  of  what  pns&cd  as  far  as  Mr  Hpreul 
rt»t  '  "  He  was  interrogate,   Were 

3  •  X  of  the  archbishop  ?     Aus,  1 

was  HI  irt[;inti  ai  that  time.^ — Que»t.  Was  it  a 
miinler?    Arts.  I  kn#»w  not,  but  by  hearsay, 
is  dea<l,  and  catinDt  judge  ol'her  men's 
ipou  hearsay.     1  am  nu  jiidge^  biiL  in 
etive  judgmeot  1  would  uui  have  done 
canout  approve  it' — He    was  again 
but  do  you  not  thiak  it  was  murder? 
vu«e  me  from  ^foiug  any  furtb4?r,  I 
to  (Xtridemn  what  I  cannot  approve, 
te  may  bt-  a  righteous  judgment  of 
^  there  is  a  sjnttil  hand  of  man,  and 

^f  aihn(r«{  and  Lidorethe  one  when  1  trem* 
the  othcn. — Quest.  Were  you  at  l>rum- 
I   was  at  Dublin  then. — Quest. 
w  oulliing  of  the  rebels  rttiiug  in 
»v  tit.  I  itt  design?  Ans,  No;  the  first  time 
I  h«arfl  of*  It  wav  in  coming  from   Dublin  to 
^   '^  ly  home,  where  1  heard  that 
li  resisted  by  the  eouutry  peo* 

1  ►  ■^'. — Quest.  Was  not  tiiat  re* 

*    Ana.    t   think  not ;   for   i  own  the 
of  preaching  the  go$i))el,  and  I  bear« 
iatUi«*y  dill  was  only  in  sell'  defence. — Quest. 
you  at   Bothwel  with  the  n^bels  f*    Ans. 
r  my  rrhini  from  Ireland  I  was  at  llaiutl' 
king  in  money,   and  clearing  counts 
•  I  went  through  part  of 
.  and  sptike  vrith  some 
iji^  N  high-way  was  as  free 
»   mm  ;  but  I   neither  jotoed 

^  -.;de!',  tiooper,  nor  sohiier, — 

Was  tbut  rising    reWllion  ?    Ans,  J 

not  call  it  rebclhoni  i  tliink  il  w'as  a  pro- 

]  ntceasity  put  on  them  l*»r  their  own 

after  Drimiclog. — ^Tbis  coutii5i«ion  of 

waif  urged  to  subscribi',  but  abs<dutcly 

It.     By  the  Kegistersi  1  6nd»  *  Mr. 

il  before  the  conned,  Novemlier  15,  con- 

li  he  Has  in  company  with  Mr.  Cargil 

hur^h^  but  will  not  discOTer  ia  what 


ment   and  14  act^  6  par.  k.  Ja.  ^d,  and  S5  aci 
1st  par.  k.  Ja.  and  hundreth  furtie  and  fourtl»\l 
act  of  the  12  par.  k.  Ja.  d>     It  is  statute  tbftt-| 

.- — . . . . — , ^_ » 

^  house,'  and  adds,  ^  That  there  tvas  DOlhing' 

*  Hwixttbem  biitsahtlations.'  f 

**  Mr.  8preul  having  come  from  Ireland  iii 
the  time  of  fioihwel,  and  being  just  now  come 
from  Holland,  and  owning  be  bad  been  in 
company  with  Mr.  Cargil,  the  managers  were 
of  opinion,  that  he  could  give  them  more  in-. 
Jorination;  and  now  bemg  got  into  the  in- 
humane  way  of  putting  people  to  the  torturci 
ami  A.  Stuart  lieing  examined  this  way,  No- 
vember 1%  that  same  day  the  council  pass  th« 
following  Act:    *  The  lords  oi'  his  majesty *t 

*  privy  council  having  good  rca<^on  to  beUert, 
'  that  there  is  a  principle  of  murdering  his  ma^ 

*  jjeaty,  and  ihose  under  htro»  tor  doing  bis  ma- 

*  jesty  service,  and  a  design  of  subverting  the 

*  govern ment  of  churcti  and  state,  entertained  . 

*  and  carried  on  by  the  fanatics,  and  particu- 

*  larly  by  Mr.  Donald  Cargd,  Mr.  Robert  31  ac* 

*  waird,  and  others  their  compticefi,  and  that 
^  John  Spreul  and  Robert  Hamilton  have  been 

*  in  accession  thereunto,  ordain  them  to  be 

*  subjected  to  the  torture,  upon  such  interro* 

*  gatories  as  relate  to  these  three  points :  t .  By 

*  what  reason  and  means  that  murdenng  prin- 

*  oiplc  is  taught  and  carried  on  ;  who  were  ac» 

*  cessory  to  the  contrivance  of  murderiog  ; 

*  who  were  to  be  murdered  ;  and  also  as  to  tne 

*  arcbblsht>p  of  8t,  Andrews's  luurder.     2.  If 

*  thiTe  was  any  tiew  rebellion  intended;  by 

*  whut  means  it  was  to  be  carried  on;  who 

*  were  to  bring  bomti  the  arms ;  it  any  be 
'  brought  or  bought,  and  by  whom  ;  who  were 

*  the  contrivers  and  prorao:ers  of  the  late  re- 
^  bellion   at  Both iv el  bridge.      5.  Who  were 

*  their  corrc?ipan dents   abr>&ad  and  at  home, 

*  particularly  at  London,  or  elsewhere  ;  what 

*  they  k^iovv  of  bringing  home  or  dispersing^ 
^  aeihtious  pamphlets,  and  such  other  partiou- 

*  lars  as  relate  to  tho^c  generals  :  and  give  full 

*  power  and  commission  to  the  carls  of  Ar^gylc, 
'  Liolithgo«%  Perth,  and  Queen  sherry »  trea- 

*  surer-deptite,  regii^ter,  advocate,  jtistice> 
'  clerk,  general  DaUiel,  lord  CoUingtoun,  and 
^  Uaddo,  to  call  and  examine  the  said  persons 
^  In  torture,  u[KHk  the  said  interrogatories,  and 
^  stich  other  as  they  shall  find  pertinent  upon 
^  the  said  heads,  and  report.* 

*^  I  tind  no  report  in  the  council -booka,  be*~-J 
cause  nothing  was  expiscate  by  torture,  which 
was  not  before  acknowledged.  Indeed  thero 
was  notljing  in  this  plot  and  murdering  design, 
but  imagiimry  fears »  and  therefore  I  shall;  trom 
other  papers^  give  some  account  of  this  tofturet 
the  queNtions  proposed,  and  answers  given  by 
Mr.  iSpreul,  as  far  as  his  memory  could  eenre 
him  afterwards  lo  write  down. 

^'  The  lord  HiiUoun  was  ureses  of  thia  com* 
mittee,  and  the  duke  of  Vorlc  and  many  otfaeri 
were  preseJit.  The  pre«es  Itdd  Mr,  Spretil, 
Tliat  it  he  would  not  tnake  a  moru  ample  con* 
(ess ion  than  he  liad  done,  and  ttgn  il,  he  be*, 
bored  to  ot^derly  the  torture.    Mr.  8pf«iil  iiid« 


T\TETTJa1-L    :  CiiAALfiilL  l6Si.^Proceedings  mgaiiui         [732 

-■wsi  34.  imm  T  J     Jar'  -ewa^  .r^miw-    -viltiiilie  necvpt,  manlaiiie,  or  sapplie  rebelk, 
.  -c  -afci*  *^r  r^  i:r>«   -«  »-ac"^     i«i'i   -•«    *»«h  Wp,  reiM«  or  counciU,  or  doe  fkroor,  or 


3^^   2r    ?im-  '' In  March,  auindiient  fen  in.  which  broaKht 

«L  -x^  '•Mad  Mr.  :Spreul  to  wme  more  troobk  before  hii 

n«c    ^    -iw  •  nai.  anii  »  OcsKres  a  room  herr.    John  Mor- 

■laao      s    .»  "^v.  i  »iuKir.  was  seDtenceil  lo  «he  tor  his  \ma^ 

»  ..      •  -     'u  •(  -t  ( uuvviiiicie  m  tfms,  an  we  soail  heir.    A 

ner  t«    ^rtv.  ^'^lU    noBV  tiait  been  already  eiccuieii  cfaieAr 

-Mtt»    •'siKs  i  :3e  nukf    >i'  Y<irk  s  inaupiiian.  ao4  soac  of 

ise  ^s=s5«     m  "tv    'Kiuaz^Ts  *vcre  wiUinif'  id  Mew  ihtf  noB 

S7V     «  •.w»^  :ne    i%(Mir.     At*coniiu^ty.  -mtwienl  drashii 

**"<«  -  ■  etiuuo    vre  praiw»<«a  -.o  ius.  vBi&if 

— flM»v          'iib  '  *  ANui  «iun.  :ne  •-umicsl  wrmlu  ancvre  kia 

».    .     -r     jarr-  -^--•^       u*  eiuaed  them  uL^Mw^ailK 

r-      -St*     -A  -' "a:^"^.    asuncfu  i  ^ceeuim;  riom  xia  Bfiib- 

,T--^      m«     -x  (Sk            -ifsrn.  ^ir  W'tham  Piis^Ka£k^ 

fue*           v*  ■'    ^*»^"^-  »Ti«»  vas  ;a 'tw  iVMBB.  ymm^lim 

.*.;♦       •»  •-•Ml    --:         3  'I'lmv.  r.o  uwctwr.  siibiio, 

••  T      ' ,«.      _  .^-rH    ij  <Tiiic«  Hurr3.v  ndio- 

«*.  -■••»                -aji  wfta  um  ■©  -sja  aiy  jieli- 


III  ■  ■MB«-»      lA     i?f*«i    Af— ^omvi 

. ;  •  ..-ju    »  --.nt.-    ..i..   ._« -«^  i4    iQtrf?  prc- 
;    -♦-r»'.L;f-         i  .  'zef^^'^re  licMB 


--       -        .     -    .       *.      1.^.    ■•'       i:>';.-:   r    1.:.:   -^    :,f  a^ 
^.  ^  .«.;.**»       '-•     .^x-... »     ^  .  ^     -. -■    '}'■■'  -"  ."-■  «ii'"  *:.x: -..'V -;ji.TrW 


%<-  *  ^^%k>*.    «^  ( N>f <^   "M*    ^f      ''•■''*■    1   •-•■*-^^   ''*^    I   »m  DO  paiH^  I  kite 

t!r  II  \  lu  "i  I  iiilMi^^X" '  "^^  ^oii^vd    aaa  u!  :l. >r  &i:  ib^t^r  .K^nitical,  bloodr  and  oiir- 

iUtd  *  '^^^^  .  dens,'  i^ujcipJei ;  Mther  my  paicBtt,  doi 


STATE  TRIALS,  35  CaAftLES  IL  l68 1  •— Spieull and Fergunin*       [TSl 

common  lawc,  iinikr  tbr  iialuc  of  fot  (iiiilUi^ 
\yff^  land,  aud  gMod^ ;  and  ue  the  fyfk  act  oltltl 


I  or  comfort,  to  oppin  axtd  ma* 
iagiiiail  tlte  taa^*M  mi^tie  or  the 


I  beard  ever  uiiglit  me  siu:U 

^.  A  matsileiice  fbUaived,  and  many 

Mr.  B|»reul  sbouid   have  been 

ft  immediatchr.    Jo  a  little,  the 

\  ilr,  Spi  t:al,  if  he  tmd  been  at 

some  otber    quesUao«    reiattfe 

f;  wbich   tbe  juuinal    declined   ^vitig 

i  IQ^  iifice  be  was  before  the  justiciary. 

paioiil  ooe  word  more  of  the  petition  ; 

|irobftlile  what  he  spoke  at  tliis  time 

ptiMOCutioo  the  more  vioient  before 

'  iry,*'    %  Wodn>w  i<j3, 

( an  abstract  of  the  proceed  in|rK 
riafy  as  they  arc  here  printed, 
i  tbus : 

I:  Mr.  8)ireul  was  aent  back  agaifi  to 
''  a^e  given  tlie  fuller  accouut  of  tUin 
i  distioct  a  detail  of  tbereasonitij^s 
filly  because  1  was  of  opiuton,  tlie 
ch  fell  in  thiii  case,  are  ta  many 
tbeiii^  Qp^Mi  beads  common  to  se- 
If  «ifi^ert»  in  this  period ;   and  the 
'  t  noted  lawyers  on  both  bands^ 
I  small  light  to  the  ca&es  of  torture, 
1  oiNiAeasiant  the  refusal  to  si^n 
id  otber  poiots  not  uncommon  m 
Bandea  tue  weight  of  the  case  ot 
f  wMcb  deien'ffs  a  room  here,  the 
ating'  paxiriels,  and  the  pains  used 
rpvrry  ihto^  turn  tothetr  disadvantage, 
figour  now  us^d  in  prosecutions  will 
Am  if  siicb  efforts  were  made  in  this 
^  tHieii  so  mitay  able  lawyers  were  pro- 
fur  tb^  pannei,  we  may  easily  guess 
'  nork  was  in  the  more  ordinary  pro- 
^nitb  poor  ig^iiorant  co«t*try  people. 
I  Ibe  lith  of  July,  1  find  Mr.  Spreul 
"■  I  writer  in  Edinburgh,  hrougrht  be- 
'  council,  for  being-  present  Pt  lield 
and  tliey  are  found  piitty  of 
Kbvtehan  ministers  preach,  %vhen 
beart^rs  were  witbout  doors,  as 
I«C  ftael  And  csaii?erse  mMi  intercom- 
The  matter  was  referred  to 
lis,   which  liiry    r<.  I  using'  ore   found 
.  ^ireul  was  out  of  the  kinfjrdoni  at 
}  to  conventicles  ;  and  each 
I  tn  life  hundred  pounds  .^^terlin^, 
!  Bum,     Mr,  Npreul  lay  mx  years 
d,  fnim  liis  lon^f  continuance  in 
,  lie  htm  yd  the  conipcllntiou  of  Uass 
' ,  w  Itereof  he  uttrAn  not  be  nihamed. 
ned  with  Mr.  Spreul  in  the  same 
k  the  lOih  of  J  imp,  Robert  l^'er^- 
|V«piid  'tv  of 

fcn  Mi^iHMi  rui4t('MHtuii  IS  MMiluced 

r  and  tbr  lord  a  delay  passant^  sen- 

tiU  Noviin*>'  *      i   ''*'d  no 

iia  m  the  Hei^istet  ime 

^vroibvr  I  suppose  tL.    was 

^  1687  sM  otder  is  fraatrd  in  Liberate 


Mr.  SpreuL     Farours  ivere  now  shown  to 
prisoners,  and  after  near  sefeo  yeai^  imprj 
soamcnt,  Mr.  Spreul  sent    a  Petition  to  tb 
Council :  which  follows  from  the  original, 

*  Whereas  it  is  not  unknown  to  your  lord*! 
'  ships,  bow  that  your  lortl^hips*  petitioner^  i 
*■  his  first  imprisonment  was  put  to  the  e^tre* 

*  mit^  of  the  torture  two  several  tira^,  the 

*  which  having  sustain ed^  was  thereby  asj^lied 

*  by  the  laws  of  this  and  all  other  nations. 

*  1  nereafter  when  he  was  indicted,   be  wai 

*  also  cleared  by  the  verdict  of  the  whole  as* 

*  size,  and  tliereupon  assalzied  by  the  lords  of 

*  the  justiciary  ;  and  at  last  being;  libelled  be- 

*  foi*e  your  lordbhiiis  by  bis  majesty's  advocate 
^  who  could  prove  notbing-  against  bimi  yet 
^  your  lordsiiips  beingf  pleased  to  fine  him,  and 
^  continue  his  imprisonment  so  long,  because  h» 
^  had  not  freedom  to  de]jone  upon  the  libel,  tb# 

*  reasons  whereof  he  could  not,  being  not  only 
^  fjTom  pounds  in  law,  but  especially  from  con> 

*  science,  and  bis  obligation  and  respect  to  the 
*■  Gospel  of  Jesu^  Christ,  which  are  at  more 
^  lengtb  expressed  in  his  information,  togetbcr 
*■  with  a  touch  at  a  lew  of  the  great  losses  be 
'  bath  sustained,  both  before  and  since  his  im- 

*  prison m en t  (what  by  sea,  the  great  fire  at 
'  Glasgow,  house  and  shop  taken  irorn  hiswilb 

*  in   his  ab^nce,   also   by  bad  debtors,    and 

*  thru  ugh  his  imprisODraent  at  I  is  prescribed  bj 
'  Jaw  (that  is  due  to  him)  after  three  years  past, 
'  the  gowls  tuken  from  hvnj  by  major  JohuNton 
^  and  the  death  of  his  wife,  and  other  great  ex- 

<  peaces  since  iih  itoprisoninent,  being  tbes« 
*'  ax  years  and  fife  months)  all  which  he  buin» 
^  lily  olTereth  to  your  lord^^hips^  consideration 

*  and  pity. 

*  May  it  therefore  please  your  lordships  to 
^  grant  your  lordships'  petitioner  libeity  to  fol- 

*  fow  his  bwtul  calling  in  his  native  country, 
*•  at  least  iu  any  other  nation  where  he  may  with 

*  U-st  convenieocy,  not  that  he  pctitiuueth  for 
^  his  own  banishment  (and  no  to  l)c  sold  as  a 
«  slave,  the  which  he  would  not  be  ashamed  of» 

*  for  tiie  Gospel's  sake,  if  he  be  called  of  Uie 

*  Lord  to  it)  but  the  liberty  of  a  free  born  sub- 

*  ject  IS  that  he  humbly  begs,  at  least  liberty  a 

*  competent  time  to  sec  if  by  hiw  he  cau  obtain 

*  any  thing  of  his  debtors  to  maintain  iiimself 

*  in  jirison,  seeing  nothing  hath  been  hitherto 

*  allowed  bim   out  of  the  goods  taken  from 

*  bim  by  major  Johuston«  oeitlier  out  of  tba 
*'I>euuufy/" 

^*  Atay  ]  5,    The  couneil  grant  the  folio wiog 
act  of  liberation. 

*  The  lords  of  his  majesty ^s  privjf  couoeU 

*  havitiu^  considered  an  uddre^ts  made  in  behalf 
'  of'  John  Spreul  aji#thecarv  in  Glaagow  now 
^  prisoner  in  the  Isle  of  thelBass,  supplicating 

*  for  liberty,  in   regard  of  his  majesty's  latu 

*  gracious  prtJclurnation,  do  heitb)  give  ordef 

*  and  warrant  to  Charle«  !^laitland  Leutenant 
^  Qovanior  of  the  Isle  of  the  Baai^  I0  set  tlic 

<  Mid  JahaHjKreul  ai  liberty,  be  I 


7S5]         STATE  TRIALS.  35  Charles  II.  }69L^ProeeedmgM  €gam$t        [IX 


lint  session  of  his  majesties  first  parliament, 
it  is  declaireO,  tliat  it  sball  be  bye  treason  to 

'  caution  acted  in  tbe  books  of  Council  to  ap- 
<  pear  before  the  council  once  in  June  next, 
•  under  tbe  peualty  of  1000/.  Scots  money,  in 
'  case  of  lailie.' 

"  When  this  Order  comes  to  tbe  Bass,  Mr. 
Bpreul  was  unwilling  to  take  his  liberty  upon 
any  terms  that  to  him  appeared  inconsistent 
with  the  truths  he  was  suffering  for ;  and  he 
apprehended  ttiis  order  involved  him  in  an  ap- 
probation of  the  proclamation  specified,  which 
fie  was  far  from  approvinc^.  80  much  he 
signified  to  the  governor  of  the  Bass,  and  con- 
tinuing sometime  in  prison,  till  a  letter  came 
over  requiring  the  governor  to  set  open  doors 
to  him,  and  tell  him  he  was  at  liberty  to  go  or 
fetay  as  he  pleased.  Whereupon  after  so  long 
imprisonment,  he  chose  to  come  out  under  a 
protestation  against  what  be  took  to  be  wrong 
ID  the  orders  and  proclamation,  and  went  over 
to  Edinburgh,'  ana  waited  on-  the  counsellors, 
thanked  them  for  allowing  him  liberty,  and 
verbally  renewed  his  protest  against  tfie  pro- 
clamation and  orders.  Thus  ended  the  long 
tract  ofsufierings  this  good  man  was  under." 

The  kind's  Proclamation  was  dated  Feb.  12, 
1687,  and  it  was  sent  to  the  council  inclosed  in 
a  Letter  of  the  same  date.  They  were  a&  fol- 
lows: 

Kino's  LErrER  to  tue  Council,  Feb.  12, 1G87. 

<  James  R. 
*  Right  trusty  and  right  well-beloved  cousin 
and  counscUcr,  right  trusty  and  ri«rht  well- 
beloved  counsdler,  right  trusty  uiid  entirely 
beloved  cousins  and  counsellers,  right  trusty 
and  right  wcU-beloved  cousins  and  coun- 
sdlers,  right  trusty  and  well-beloved  cousins 
and  counsellers,  right  trusty  and  well-Moved 
counsellers,  and  trusty  and  well-beloved  coun- 
sellers, we  greet  you  well.  Whereas,  by  our 
letter  of  the  21st  day  of  August  last  past,  we 
were  graciously  pleased  to  inform  you  of  our 
designs,  in  order  to  the  case  of  our  Koinan 
Catholic  subjects,  unto  which  we  had  your 
dutiful  answer  in  some  days  tliereai\er ;  we 
have  now  thought  fit  to  publish  tliese  our 
royal  intentions,  and  to  uive  an  additional  ease 
to'tliose  of  tender  consciences,  so  to  convince 
the  world  uf  our  inclinatiuns  to  moderation, 
and  to  evidence  that  those  of  the  clergy,  Hho 
have  been  regular,  are  our  most  particular 
care,  though  we  iiave  given  some  case  to 
those  whose  principles  we  can  with  any  safety 
trust :  we  have  at  the  same  time  expressed 
our  highest  indignation  a<^nst  those  ene- 
mies of  Christianity,  as  well  as  government 
and  human  society,  the  field-cuuvcnliclcrs, 
whom  wc  recommend  to  you  to  root  out  with 
all  the  severities  of  our  laws,  and  with  the 
most  vigorous  proaecution  of  our  forces,  it 
being  e(|ually  our,  and  our  people's  concern, 
to  be  rid  of  them.  As  for  tne  other  particu- 
lars ofourroyalprodamatioBhtre  inclosedi 


the  subjects  of  this  kingdom,  or  any  nnnber 
of  them,  more  or  lesse,  upon  any  groond,  or 

'  we  doubt  not  but  they  will  appear  to  you  moEt 
*"  just  and  reasonable,  as  they  do  to  us,  and  thit 
'  you  will,  in  your  respective  capacities,  mkiI 
'  and  defend  our  roy ai  rights  and  prerogativo, 
'  %vhich  we  are  resolved  to  maintain  io  thit 
'  splendor  and  grcatnfss,  which  can  on\y  make 
'  them  safe  for  us,  supports  for  our  friends, 

*  and  terrors  to  our  enemies.     It  is  evident,  ve 

<  do  not  mean  to  incroach  on  the  consciences  tf 

*  any,  and  what  .ve  will  not  do,  we  are  resoM 

*  not  to  suffer  in  others :  and  therefore  it  iiour 

*  will  and  pleasure,  that  these  our  coniroiodf 

<  be  forthwith  obeyed,  and  that,  in  order  there- 
'  unto,   this    our   Proclamation   be  forlbwitii 

*  printed  and  publisned,  in  tlie  usual  mamcr 
*•  m  such  cases  accustomed  :  and  if  aay  ibill 
■  be  so  bold  as  to  shew  any  dislike  of  Ihsi  wr 

I  procedure,  we  desire  to  be  informed  tbereof 
>y  y<H>>  to  the  end  we  may  convince  the 
'  world  that  we  are  in  earnest,  assuring  all,  tint 
'  as  we  expect  obedience  tlierein,  and  a  resdi- 

<  ness  from  you  and  all  our  juflicatmvs,  to 
'  assert  our  rights,  so  it  shall  be  oor  caieoa  til 
'  occasions,  to  shew  our  ro3'al  favoois  to  all 

*  of  you  in  general,  and  to  every  one  ii  firti- 

*  cular.    For  doing  all  these  things  M  wril 

*  contained  in  tliis  our  letter  as  in  our  |vocla- 

*  mation  aforesaid,  these  presents  shall  be  to 
'  you,  and  all  others  respectively  who  may  be 

<  therein  any  way  concerned,  a  aufficient  war- 

*  rant;  and  .so  we  bid  you  heartiTy  larewrl. 

<  Given  at  our  court  at  Whitrnall  the  liAt 
*  day  of  February  1686-7,  and  of  ourreipi 
'  the  third  year. 

*  By  his  Majesty's  CommaBd.' 

Phoclamation,  Feb.  12,  1087,  or  First  Indol- 
genoe. 

<  James  JR. 
'  James  7,  by  the  grace  of  Gml,  kingf  rf 

*  Scotland,  England,  France  and  Ireland,  de- 
'  fender  of  the  faith,  &c.  To  all  and  SHodnr 

*  our  good  subjects,  whom  tht*e  prcseoti,  » 

*  or  may  concern,  greeting.  We  bavin" tak» 
'  into  otir  royal  consirlerati«>n  the  many  Mid 

*  great  ii>convenii?ncies  which  have  happened 

<  to  that  our  ancient  kingdom  of  Scotland  of 
'  late  years,  through  the  different  pereuasioQS 

*  in  the  Christian  religion,  and  the  great  hcati 

*  and  animosities    amongst  the  several  pro- 

*  fessors  thereof,  to  the  ruin  and  decay  of  inde, 
'  wasting  oi'  lands,  rxtinguisliing  oi'  chariirt 

*  contempt  of  the  royal  power,  and  convfrt  ^ 

*  of  tnie  religion,  and  tlie  fear  of  God,  inl» 

*  animositios,"  name,  factious,  and  soiiictiiMS 

*  into  sacrilege   an<l  treason  ;    and  being  «■ 

*  solved,  as  mucli  as  in   us  lies,  to  unilj)  tk« 

*  hearts  and  affections  of  our  sulMects,to  God« 
«  religion,  to  u*  in  layalty,  ar.d  to  iheirncijjn" 
'  hours  in  Chr.stian   love  ;md  diarity,  ha« 

*  therefore  tliou^ht  fit  to  grant,  and  by  ourij' 

*  vereign  authority,  prerogative  royal,  andab- 

*  solule  power,  which  all  our  subjects  ircJJ 

*  obey  without  reserve,  do  heiebj  gire  •* 


(ttr}        tTA'f £  TRIALS,  as  Cuabi  us  II.  itiSKSpt^uli and  F^i^mon,       [73^ 


irtuilMHun-er,  til  ry««»  or  ci>iiljnae  in 
i»  makmt  |ioujCyarfr«rr»  or  to  ifiAke-Hoj 


*  mmMa 

*fcmma 


in  iirligioii  afYerJittmeH, 
'  liiillf  And  ^j  kevirat  ri>niljtii)OS,   re- 

^  MirictiiMiftiin<i  iinuUt^  v^U     In 

*  llie   ftm   |»kM?»*   wr  I  ;ite  Uie 

>  anoilArato    fHflsbj^Wn^ft,    to  i^^i   la   tbe;r 

*  |iHv«i£  housof,  and  tJi«i-«  to  bear  »U  siicli 

>  mluiMlm%  ts  eilber  luire,  f>r  nvu  wiUing  to  uc- 
1  of  our  ijidttl|jf«aoe  alteiiarly,  uuii  iiune 

r«  ittlthAl  time  the  Hot  aiii)'  ililnif  sVul  or 
r  to  the  %vt\\  (Hid  peace  of  our 
«editioy8  ar  traasoiaabla,    under  tho 
pains (liesa  ariniai  iviil  hnpoHi  nor 
» Offi  lliay  la  pieauina  to  build  oitetinfr-lioasefl, 
<  flrlotMB  fiLUlumses  or  Jiayna,  but  only  to 

*  flparcue  to  thetj*  privaie  liouaaiv  ««  mid  ik,  Iti 

*  the  nuan  tiiui\  it  Udut  royal  will  aod  [liea- 

*  aura,  lliai  Ikld-coiivisiitiarx,  and  sucb  as 
^  ffWtfii  4)1'  asarciaa  ai  CJiea,  or  tirhu  &lmU 
#^  Any  «ri«  aanat  Of  catAif a  il  llieiii,  sluH  be 

*  yvoaeciitad  according  io  tlia  ntaioat  aarcrity 
f  of  aiir  laws,  made  agaonat  thcm^  aeeiiig'  imw 

wetiilBieouitm  orrebcltioa,  ao  nuich  dts- 
balJi  prAC£«>ilihi.  and  ao  mucb  dtsturb- 
'  aiioe  to  tb«govaniuieiit,  and  iow  HthiiHi,  aHer 

*  tliia   ^ir  royai  ladoifl^flAoc  for  teiider  t^oij- 

*  ariwinn,  tbm  b  no  excuse  li^.    In  like 

*  tannafy  u«  do  bejreby  tiilerate  Qimkcrfi,  to 
'  laMi  and  ^icareiae  iu  tilictr  Ibrm,  in  any  place 
^  AT  piaoai  ap^oliltad  fiic  (heir  worabip^  And 
fjianiiiliiiBr  tlicaareye  andcrud  lawa  made 

^^MatDift  ituman  Catbaltrs  (tberein  called 
^Buiatv)  Lii  dje  minority  oi'  otir  ruynl  ^nnd- 
'TO^r  ofgjonotuinemory,  i»ithout  liis  con- 
'  aent,  Hnd  e^mUury  to  tlie  duty  of  j^immI  tub* 
is^cegukla,  and  otiier  anamiAa,  tn 
I  aoi^Maiq;!!,  Cl4Brmy•lfrv«at|7raad- 
•  Wi^met  ^ucm  Mary  of "  :  ' 
^AMtTf  mannii*  imd< : 


trealitfi,  or  l«ai(uea  Mriib  < 
aalatoi,  oramongat  Utem^eii 


.  or 

i  ma- 


'  aels  or)iiijrliiiin(ml,ciistoiDS  or  conslit^iliofia, 

*  madt!  or  cxiTuied  actual  soy  of  our  Roman 

*  C»ibf»Iic  «ybji.'Ct«>  tn  atiV  Hj-p-'  i  ast.   ta  di 

*  intents  a ud  pm'p<Me»t)  ntri* 

*  bition^  IhtTcin  mrntjont ', 

*  Ibertitn  *"  be 'ukUiU' 

*  ftball,  a»  1  I  OUR  fVw, 

*  a«  any  afuui  i'j^lc 

*  not  only  to  eixercUtj 

*  joy  aiJ  odicea,  bem^c^ 

*  sbtll  tbink  it  to  basto>> 

*  time  ootning :  navenbek 

<  |4«aaara,  and  we  do  ban  < 

*  tbalt'-    "*  'I'^'r  hijjhest  I 

*  cue  14S0US    wo 

*  «*lir(  ;;l  they  prt 

UU,  or  to  invatl 
iL'i%  iindei"  ilu?  ; 

*  tube  indicted  upon  the  riiV 

<  m>r  aball  tboy  prt^ume  1  ^ 

*  ceesions  in  the  hiirb-streeU  at  any   oi   (^ur 

*  royal    burgiis,   under  Ibe   patns  nooTcmen* 
^  tioiied.     And  wberea^  the  obe^liencc        ' 

*•  rice  of  our  good  sabjei;tiii^  due  to  i; 

*  alleg^iauce,  and  our  soverei^ty,  ami  uiai  nu 

*  law,  custom  or  constitution,  differc«t?t»  in  re- 

*  ligion,  or  other  inured imcnt  whatsoever,  can 

*  exempt  or  diiolmrge  the  subjects  from   their 

*  native  oblig:atLon8  and  duty  to  the  crown,  or 
'hinder  u«   from  protecting'  and  ci 

*  them,  iun  on!iiuf  to  their  sereral  c^  , 

'and'  leasure,  nor  restrain  ub  trom 

*ootiU  i.ible  rijfbts and privi!e;rt*'!  tipnn 

Miiem,  ur  v&ciiiLte  or  annul  tht  ^ 

« taWe.  vrhf»n  they  are  made  or  y  ' 

'  I  firing,    tbtit   some   ^ 
wrp«t*'d  by  mrn  ot^ 


,  th»f  dotb^d  thi-  V. 
t  and  uauTp«ai»n^f  a 


and  ifta<U 


tboae  (a^vs. 


L  the  ent- 


^flol  aa  aniiiat 

*  iMi'o  I  wbidi  kwa  ba 
'  l#GiOU|S«r,  wiliinnt  lU 

*  or  a^y  oi'  Ihein,  *  ad  : 
pQikio**  Ikat   the  pttji 

ai  #<Mfcr,  were  locnp^ihte  (U 

ntfbutil  tnonafcby.     We,  t^f  our  eertain 
'  lttoit-ied9[f<*,  *»nd    lofv/  '♦xp<»r«»'f'.^'jp,    kndwingf 


^ts  jitlnHit    our   ^  ; 
untlf  r  the  patks 


la  QO,  aaid  < 

BiAuy 


Cii  ;hi  o*" ';iS]uns» 
d  at»d  faitbful  atib|oet8 
Mf  by  bazDrd 


#  lug',  aMi  BiAuy  ol  tiitii^  MtailT  ioxing  their 
^  litto  aod  fiMttmeat  in  tfaolr  dmuve,  (Uiougii 

#  tf  AB«ter  Pilifioii)  iod  tiio  uimloiMUioe  of 
^llieir  BM^ieriiy,  ^iS'^M'  ^^  violonoaa  and 
AftmamiaoflliAfiioet  violaaC  abettora  of  Ibase, 

#  Iaws,  do  tbofofore^  witti4idnce  and  consent  of 
ffliff  cooAicil,  by  our  fioyorer 

#^fraiQg«lnejiiyal,  aiid  ahaolrnte  \ 

^jof  and  diftaUe  all  Lkvv£  or 
TOIm  X. 


T39]        STATE  TRIALS,  33  Chakles  IL  iGSl.^Proceedinga  ogainH       pW 


jcstiet  fpeciall  authoritie  and  approbation  first 
interponed  thereto,  and  all  his  majesty's  sub- 
jects are  discharged  upon  any  ground,  or  pre- 
text  whatsoioever,  to  attempt  any  of  these 


thincfs  under  the  naine  of  treaaoD-  Nevirtbe- 
lesse  it  is  of  reritie  that  the  aaids  John  Sprenfl 
and  Tloliert  Ferguson,  having  shacken  off  all 
fear  of  God,  respect  and  regard  to  his  niajesuti 


*  such  of  them  as  we,  or  our  privy  council  shall 
'^  require  so  to  do,  shall  take  and  swear  the  fol- 

*  lowing  batlLallenarly. 

M  A.  B.  do  acknowledge,  testify  and  de- 

*  dare,  that  James  7,  by  the  grace  of  God, 

*  kingof  Scotland,  England,  France  and  Ire- 

*  Lind,  defender  of  the  faith,  &c.  is  rightful 

*  king,  and  supreme  governor  of  these  r«Ums, 

*  and  over  all  persons  therein,  and  that  it  is  un- 

*  lawful  for  subjects,  on  any  pretence,  or  for 

*  any  cause  whatsoever,  to  nse  in  arms  against 

*  him,  or  any  commissionated  by  him,  and 

*  that  I  shall  never  so  rise  in  arms,  nor  assist 

*  an^  who  shall  so  do«  and  that  I  shall  never 
'  resist  his  power  or  authority,  nor  ever  opp<Me 

*  his  authority  to  his  person,  as  I  shall  answer 

*  to  God,  but  shall,  to  the  utmost  of  my  power, 

*  assist,  defend  and  maintain  him,  his  heirs 

*  and  lawful  successors,  in  the  exercise  of  their 

■  absolute  power   and  authority,  against  all 

■  deadly.    So  help  me  God. 

*  And   seeing  many  of  our  good  subjects 

*  have,  before  our  pleasure,  in  these  matters, 

*  was  made  public,  mcurred  the  guilt  appointed 

*  by  the  acts  of  parliament  above  mentioned,  or 

*  others,  we,  by  our  authority,  and  absolute 

*  power,  and  prerogative  royal  abovementioned, 

*  of  our  certam  knowledge,  and  innate  mercy, 
'  give  our  ample  and  ftUl  indemnity  to  all  those 

*  of  the  Roman  Catholic  or  popish  religion,  for 

*  all  things  by  them  done  contrary  to  our  Uiws 

*  or  acts  of  parliament,  made  in  any  time  past, 

*  relating  to  their  religion,  the  worsnip  and  ex- 

*  ercise  thereof,  or  for  being  Papists,  Jesuits, 

*  or  traffickers,  for  hearing  or  saving  of  mass, 
'  concealing  of  priests,  or  Jesuits,  brewing  th«r 
'  children  catholics,  at  home  or  :U)road,  or  any 
^  other  thing,  rite  or  doctrine,  said,  performed  or 
'  maintoined  by  them,  or  any  of  them,  and  like- 

*  wise  for  holding  or  taking  of  places,  employ- 

*  meats,  or  offices,  contrary  to  any  law  or  con- 

*  stitution,  advices  given  to  us,  or  our  council, 

*  actions  done,  or  generally  any  thing  pcr- 

*  fonned  or  said  SLgainst  tne  known  mws  of 

*  that  our  ancient  kingdom ;  excepting  always 

*  from  this  our  royal  indcinnitv,  all  murders,  os- 

*  sassinations,  thefts,  and  such  like  other  crimes 
^  which  never  used  to  be  comprehemlcd  in  our 

*  general  acts  of  indemnity.  And  we  com- 
'  mandand  require  all  our  judpfcs  or  others  iHiu- 
'  cerued  to  explain  this  in  the  most  ample  sn)Bi<« 
^  and  meaning  acts  of  indemnity  at  anytime  lia\ « 
^  contained ;    declaring  this  shall  ie  as  good 

*  to  every  one  concerned,  as  if  they  had  our 

*  royal  panlon  and  remission  under  *our  crcat 

*  seal  or  that  kingdom.     And  likewise  indem- 

*  uilyiiig  our  protestAnt  subjects,  from  all  pains 
■  and  penalties  dup.  for  hearing  or  preaching  in 

*  houses,  providing  there    l>e  no  treasonable 

*  Kpecches    uttered,  in  the  said  conventiitles, 

*  by  thein,  in  which  case  the  law  is  only  to 
'  tm  place  against  th«  guilty ,  and  none  other 


*  present,  providing  also  that  ihcy  reveal  to 
'  any  of  our  council  tlie  guilt  so  committnl; 
'  ns  also  excepting  all  fines,  or  eficcts  of  sen- 

<  tences  already  given.     And  likewise  indem- 

*  nifying  fully  and  freely  all  ouakers,  for  their 

<  meetings  and  worships,  in  all  time  past,  pre- 

<  ceedmg  the  date  of  these  presents,  aiul  we 

*  doubt  not  but  our  protestant  subjects  will  gire 
« then*  assistance  and  concourse  hereuutii,  on 

*  all  occasions,  in  tlieir  respective  capacities : 

<  in  consideration  whereof,  and  the  ease  those 

*  of  our  religion,  and  others,  may  have  hereby, 

*  and  for  the  encouragement  of  our  protesuut 

<  bishops,  and  the  regular  clergy,  and  sach  u 

<  have  hitherto  lived  onlerly,  we  Uiink  tit  to 

*  declare,  that  it  never  was  our  principle,  nor 
«  will  we  eversufier  violence  to  be  oiferedtoaoy 

*  man's  conscience,  nor  will  we  use  Ibree,  or 
*•  invincible  necessity  against  any  man  on  the 
'  account  of  his  persuasion,  nor  the  proteitaDt 

*  reli^on,  but  will  protect  our  bishops  and  olb«T 

*  mimsters  in  their  functions,  rights  udpru- 

*  perties,  and  all  our  protestant  sul^eok  id  Ibe 

*  free  exercise  of  their  protestant  rdiywin 
'  the  churches ;  and  that  we  will,  and  Mrebj 

*  promise,  on  our  roval  word,  to  maintain  tac 

<  possessors  of  churcb-hmda  formeriy  betong- 
'  ing  to  abbeys,  or  other  churchea  or  the  Ca- 

*  tholic  religion,  in  their  full  and  free  povei- 
'  sion  and  right,  according  to  our  laws  and 

<  acts  of  pariiament,  in  tliat  behalf,  in  all  time 

*  coming ;  and  we  will  employ  indifferently  iR 

*  our  subjects^  of  all  persuasions,  so  as  woe 

*  sliall  meet  wiUi  any  discouragement  on  the 
'  account  of  his  religion,  but  be  advanced  and 

*  esteemed  by  us,  according  to  their  seferal 
'  capacities  and  qualifications,  so  long  as  wr 

*  find  charity  and  unity  mainttined ;  and  if 
*•  any  animosities  shall  arise,  as  we  hope  in 

<  God  there  will  not,  we  will  shew  thesevewa 

<  effects  of  of  our  royal  displeasure  against  tha 
'  banners  or  fbincnters  thereof,  secinjo^  therebv 
'  our  subjects  may  he  deprived  of  this  gciiefal 

*  ease  and  sati'rfaction     wc  intend  to  all  ol 

*  them,  whost'  |)r<)S]»crity,  wealth  and  safety  ii 

*  so  much  our  royal  cure,  that  we  will  ka« 
'  nothing  undone  Vhicli  may   procure  tln-M 

*  hlcssinp:s  for  thorn.     And  lastly,  to  the emd ul 

*  our  good  suhjetts  may  have  notic--  of  this  oui 

*  royal  will  and  pleasure,  wc  do  hereby  com- 

*  miind  our  Lyon  king  at  arms,  and  his  liretliTO 

*  heralds,  macers,  pni-sevants,  ai:d  nie8sen<{er 

<  at  arms,  to  make  timeous  proclamation  thtlie 

*  of  at  the  market-cro.ss  of  Kdiubiurgh ;  a» 

*  liesidcs  the  priming  and  pn!»lishiiig  of  tbj 

*  our  royal  proclamation,  it  is  our  express  wi 

*  and  pleasure,  that  the  same  be  past  under  th 

*  grrat  seal  of  that  our  kingdom  ;>cr  suliMM 

*  without  parsing  any  cllier  seal  or  registc 

*  In  order  \0)erounto,  this  shall  be  to  toe  d 

*  rectors  of  our  chanccllary,  and  their  d<rpnt 
^  tor  ivritiug  Ui«  sama,  and  to  our    ' 


T41 J         STATE  TRIALS,  35CHABtES  IL  iGnL-^Sprrull  and  Fcrgusm.        [74g 

I  and  murdored  bis  ^race  tbe  late  arcbbisliop  ol* 


■uthoritie  and  lawca,  bes  preaumed  to  comtifitt 
wad  is  guilty  ot'tlie  said  rrymes  iu  liuae  fare  as 
John  llcdlburof  Kinlocli^  l>a%id  Hiu-kstoun  of 
RlhilK  and  others,  ha^  ing:  roost  ci'uellie  kilied 


'-Ibr  eftUsiD^  our  great  seal  atbi-esaid  to  be  ap* 
*  pcndcd  tbereuDto,  a  sutScieut  wT^rraot. 

•  Given  at  o»fr  court  at  Whitehall,  ilie  twelfth 
*  day  of  February,  16iJ6-T,  and  of  our 
^.     *  rvign  the  third  vf-ar. 
^w^  •  By  his  Majesty's  comroand, 

^^^^  *  M^LroED. 

I^^^r        *  God  sa?e  the  King.* 

Km/ 


Ren.**  AsfsWER  to  the  KfNG,  Feb,  24,  1687. 


May  it  please  your  uiost  sacred  Majesty, 
*  Your  Majtsty's  coiiifnands  are  exacliy 
otieyeiJf  your  royal  prociaiuatiou  is  priuttfd 
aod  puUhshed,  by  which  your  majesty  hatli 
\«teii  a  furllier  evidence  of  your  favour  antl 
^btniofss  to  all  your  subjects.  And  we  are 
^Bpefuif  that  by  your  majesty's  extraortUnary 
^■IB  of  mercy  to  some,  who  have  been  too 
^^■■dy  on  tuaoy  occasions  to  abuse  the  cle- 
Biencj  of  your  royal  predecessors,  they  wiii 
*  be  at  last  convioced  what  they  owe  to  so  gra- 
'  cioiis  a  king  ;  aud  If  any  shaU  be  still  so  ob- 
-  vtixiate  as  to  make  any  v%  rong  use  of  vour  qia- 
'  jcsty^s  goodness,  we  do  uuauiiuousry  aiisure 
'  your  niyjtity,  that  we  vi  iJl  uiainraiu  and  as- 
'  sen  your  royat  prerogaiives  and  authority « 
'  witb  the  hazard  of  our  lives  aud  fortunes  ;  and 
■  aQ  of  us  shall  to  our  several  capacities  do  our 
atmostf  that  your  government  may  be  easy 
i.  10  all  whom  your  majesty  thinks  worthy  of 
^  nr  protection. 

Te  are  very  willing  that  your  m^^ty's 

te  who  are  peaceable  and  loyal,  may  be 

i  and  security,  notwithstandincr  of  their 

iion  and  private  worship,  and  do  con- 

^  ifUm,  that  such  of  them  as  are,  or  shall  be 

'  employed  by  your  majesty  in  offices  of  trust, 

civd  or  military,  are  siithcieotly  secured  by 

yujiiv  t,..,..^ty's  authority  and  commibsion  tor 

^■t  lug  the  same. 

H  >  :i  your  majesty  our  most  humble 

'  ^aoks,  tor  giving  us  your  royal  word  tor 

^  BWintaimng  iXe  church  and  our  religion,  as  it 

>  ii  now  esUhlished  by  law,  and  rest  satisfied, 

'  beliMSTixig   your  majesty ^s  promise  to  be  tbe 

best  and  gjreatesi  security  we  can  have.     We 

'  are,  may  it  please  your  majesty,  your  ma* 

'jeaty^a  most  humble,  most  faithful,  and  most 

^  llbedient  subjects  and  servants,  Signed  by  the 

earl  of  Perth  lord  hi«^h   chancellor,  the  lord 

archbisliop  of  8t,  Andrews,  the  lord  arch- 

hiaUop  of  Glasifow  elect,  tbe  lord  marquis  of 

AtJboielord  keeper  of  tbe  priyy  seal,  the  duke 

'  €if  Go?doD,  the  lord  man^uis  of  Douglas,  the 

earl  of  Liulithgow^  the  earl  of  Du n i term  1  rug, 

the  earl  of  8trathmore,  the  earl  of  Lawder- 

da^le,  ihe  earl  of  Southesqae,  tbe  esirl  of  Tra* 

auair,  the  eari  of  Akrlie^  the  earl  of  Balcarras, 
be  loni  viscount  of  Tarbte,  the  lord  viscount 
ol8tratballaD,  the  lord  Livingstone,  the  lord 
KinsftJiil,  lir  Georgt  liodiiiart  9f  Camwttk 


1  Si.  Andrews,  ihey  to  escape ^un tire  and  invoWa 
others  in  their  guilt,  fled  mto  the  westema 
shy  res  and  tb<jrc  joyned   in  annes   with    the 

'  lord  president  of  the  session,  mv  John  Dal- 
*■  rvniple  yuimger  of  Stair  lord  advocate,  sir 
*■  James  rowlisof  Colinlounlord  juslire  clerk ^ 
'  sir  John  Lockhurtof  Castlehill  one  of  the  se- 

*  nators  of  the  colU^^  of  justice,  heutenaut  go- 

*  neral  James  Douglas^  sir  Andrew  Ramsay  of 

*  Abbotshall,  major  general  John  Graham  of 
'  Clavei'house,  and  Andrew  Wauchop  of  Nid- 

*  dry. 

*  And  his  majesty *s  said  privy  council  having^ 
'  ordered,  that  the  said  letter  should  aflerwards 
^  be  signed  by  such  of  the  counsellors  as  were 

*  not  tlien  present ;  it  was  accordingly  signed 

*  at  Westminster  by  the  earl  of  Murray,  and 
'  the  earl  of  Melford,  principal  secretaries  of 

*  Slate  for  the  said  kiuf^dom,  the  carl  of  Arran, 

*  the  earl  of  I)  rum  Ian  ng,  the  earl  of  Winioun, 

*  the  earl  of  Seafort,  the  eail  of  Ancram,  aud 

*  tbe  earl  of  Dumbaiton.* 

In  the  following  month  the  King  again  wrote 
to  the  Council  on  the  same  subject : 

King's  Lettfr  to  the  Council,   March  31, 
1087,  or  the  Second  Toleration. 

*  James  R. 

*  Right  trusty  and  right  wdl-helored  coiisia 

*  and  counsellor,  right  trusty  and  right  wdl- 

*  beloved  counsellors,  right  trusty  and  entirely 

*  beloved  cousins  and  counsellers,  right  trusty  . 

*  and  right  well  -beloved  cousins  and  counsellers^ 
*■  right  trusty  and  wiell  beloved  cousins    and 

*  counsellers,   right   trusty   and    well-belo^ed 

*  cou9tns    and  counsellers,   right    trusty  and 

*  well  ^belored  counsiellers,  and  trusty  and  well- 

*  beloved  counsellers,    Wm  greet    you    welL 

*  Whereas  by  our  letter  of  the  first  day  of  tbtt 

*  instant,  amongst  other  things,  we  did  recom* 
»  mend  unto  you  to  take  care,  that  any  of  tha 

*  Presbyterians  should  not  be  allowed  to  preach, 
*■  but  sueh  only  as  should  bare  your  allow ano« 

*  for  the  same;  and  that  they,  at  receiving  tha 
'  indulgence  therein  meulioned,  should  talife 
*■  the  oath  coniained  in  our  proclamation,  bear- 
»  iiig  date  the  twelfth  day  ot  February  last  past  : 

*  these  are  therefore  to  let  you  know,  thai 

*  thereby  we  meant  such  of  them  as  did  not 

*  formerly  take  the  test,  or  any  other  oath  ^  but 

*  if  nevertheless,  tbe  Presbyterian  preachei* 

*  do  scruple  to  take  the  said  oath,  or  any  other 

*  oath  whatsoever,  and  that  you  shaH  find  it 

*  reasonable  or  fit  to  grant  them  our  indulgence, 
'  so  as  they  desire  it  U(>on  these  terms:    it  is 

*  now  our  will  and  pleasure,  aud  we  do  hereby 

*  authorize  and  require  you  to  grant  them,  or 

*  any  of  them,  our  said   indulgence^  without 

*  being  obliged  to  take  or  swear  the  oath  in  our 
'  said  jiroclamation  mentioned,  or  any  other  oath 

*  whatsoever,  with  power  unto  them,  or  any  of 

*  them  respectively f  to  enjoy  the  benefit  of  the 

*  said  indulgencei  (during  our  pleasure  only) 

*  or  flo  loDg  a#  you  ibalt  tind  that  tlicy  bebtf e 


STATE  ThIVLS,  $3  CilAiLB^  If,  IQii^PrHHiiHgi  ggminti 


ills  Jobn  Sjiretill,  and  llobot  Fmgnstm  ind  |  oTIIUf  167C>.  efler  mclitif  aeli  Of  iMr  < 

ilUcrslher  •''"»^'^^>"t's,  under  1*'"  """"-""' ""^'"rit^,    mofl    lr«fttcpfetaMi#    AM 
of  Htihai  ,  broUif  r  i  s«%ef?iUI  aetl  ot'^  |iMlkMieill«  OMlrtitii  Idi 

rn-iriiu.  ^e  II  una  bet  1  iir^  nriiMnratiseftanil  «filllllWiff  Atfr 

'  S  went  tuUiebTirglic  ol    Hnihcr-  vaed   oul  hiSi* 

j^  ilitT  iipfiii  the  tueiilie*t«viui*  day  ^ ti  of  lini  ittf ,    j 


•  thefTLffilfcs  reernlnrJy  mti\  |K?acei*bly,  without 


*  nntharit)'  and 

*  mem.     I 
<  slidlbe  t 

*  BJlVCtr-    ' 


'e  to  us,  f>r  tttiy  in 
us  in  our  pj*t?ni- 


liftll,  thetlurty 
^:id  yi'tmr  rtfigii 


'  itie  tkird  j'fBjr* 

•^  By  Ills  ifiiJGSty'iOfiiiniaiid* 

CkiMc^hiin^  Jobtl  Spred),  the  fittber  of  litis 
John  5*pa-ull,  I  fiod  in  Wodrowtlte  following 
passagus : 

"  *Spplcrnber  14lii  tO«3U.  By  oi^der  of  the 
DommiltiH;  of  c$tik%  .luhii  Cirtibmu  pruvrrvf  oC 
Cbsirinr  and  John  8preul  tonn  cletk,  ihes*- 
V.  t T(^  ia)pn*iOtie<l  in  Ediiiburifli  Tolbooth  :  both 
?n  fci'koMcil  favtmrcm  of  the 
!ul  yet  tlie-y  were  jiious  ami 

luLkt  10.  Tbe  Council  piss  an 
r€ul. 
oi'  council  consi*Jmfi|g:,   That 

^1  IWr 

Hem  lo  tbe  yovern- 
1,  be  Vor  eviijng^Uie 

'    for  SIJITIC- 

xt\y 
fore  tbo 


Rntlietgleiij  Mty  ^>|  i»oikld  ha%cb««n 
«%Illi  what  succeeded. 

**  llitberto  ihe  person* 
uniu^d  and  cviitrac^  tuediti 
of^  hud  ct^nleuted  iht^uisc^lFes 
^'riu«>iis  prcAGbed  in  -'     *■  > -• 
uimI  |nv;»cber8  who  • 

nuiiibet*! 

iiiifmiiil  *n 

mitton,    ; 

mo*ctJ,  1  I: 

by  them  Uji  tt  leaUtuotty 

the  ffthr?.    Tbe  i*?ader  ^v 

of  ^v  I 

Pap. 

*  the 


*  til^ 

*  nv 

*  vi't  ■■  ^^   ^  . 

*  intirmittes  Aod  t^ii> 

*  the  Lord   in  hi'^ 

*  lbt?tn  to  be  di 

*  fuemie^s,    Hi  J 

*  therefore  tb€ 

*  to  thr  wo  Hd  1 

*  rai. 

*  ail  1 

duL 
the  . 

;tiii\ 


ktliit 

MSUM 
>dd9- 


siiMNi 

& 


*  U[y  Msi  ibnt  any  person  ^ 
JJittil  of  thr  protec'tian  v 

ics  of  ll   1 1 
ti>  <Kirt»  ' 


e,  ordain 
L  bimst'll 
»iU  if  1 1  If 


t  ffiimltot 


'  and 


U     HM-il.    UlIU"', 

^^4;  and  not  io 


*  *-Tbf«  H'ntTpr  ttr  !(ie  W«t  t^r  ScrjjhniT/* 


STATE  TRTAL9,  35  CiTAIiiKS  11*  l€%l^SfreUU  and FetgUiM.       [74(1 

moKt  cracllie  nmnlAr  and  kill  sefenifl  ofthmiy 


ff^iHlflnr  they  and  their  Accomplicps,  did 
muonftblie  w&vlny  a  small  paitioot'  hio 
Aeii  fbrcn  unAir^the  command  of  llifi 
if  ClaTerhHusc*  at  Londonhill,  nud  di«l 


}  nrost  cnnvenlcnt  day  for  makin*;^  thi« 
-ance,  beiiiif  the  fcnnivcrsnry  day  so 
abnsed,  and  ugaiust  which,  amons^  other 
,  they  were  to  testify.  I  am  informed 
T  of  Glasgow  was  the  place  where  at 
liey  resolved  to  hare  puhlishcd  their 
;  but  hearing  the  king's  forces  were 
of  tiiein  come  down  from  Lanerk,  and 
kbere,  they  altereil  their  resolution,  and 
»  Hitthergleti  a  small  royal  bnrgh  two 
fnmi  Glas&jfow. 

ccordingly  thej'  came  there  in  the  nftrr- 
Md  extinguished  the  bonclirrs  with 
the  dav.vn!4  solemnited,  and  at  the 
!t-eross,  burnt  the  papers  just  now  td  he 
wed  in  their  t«»tiraonv,  and  reid  »>«*'- 
and  then  affix^rl  npon  tlie  crv^i  a  rt»py  of 
llovring  Declaration : 

Decuuutiom  ami  Testimony  of  some  of 
be  true  Prcsbvtenan  Parly  in  S-j.  tl-n.!, 
ttUished  Qt  UulhcrgieA,  May  'iO,  1079, 
M  the  Lord  hath  lieen  pleasetl  to  keup  and 
irfe  his  intcrc<n  in  this  land,  by  the  tosti- 
yof  faithful  witnesses  from  the  ln^'m- 
1^  ■»  some  in  viw  days  have  not  hrrn 
Mafi  who,  npon  the  greatest  of  haztirds, 
iMded  their  testimony  to  the  testimony 
iMie  vflio  have  ^one  before  them,  and 
I  bkte  suffered  imprisonments,  fming^, 
shmvs,  banishment,  torttire  and  death 
I  ak  evil  and  perfidious  adversary  to  the 
Ml  and  kingdom  of  our  IjOhI  Jesus  Christ 
iMland. 

low  we  being  pursued  by  the  same  ad- 
ilry  tor  our  li\C8,  while  ouuing  the  in- 
•t  of  Christ  aocoHing  to  his  won),  and 
Mtional  and  solemn  l^tie  and  covenants, 
[e  it  our  ihity  (though  unworthy,  yet 
Mg  we  are  true  members  of  the  chnrch  of 
tkiid)  to  add  our  tesUmonV  to  those  of 
WRthtes  who  have  gone  befwe  us,  in 
MHiPg  against  all  things  that  have  bceu 
e  piiMicI}  hi  pvcjuilict:  of  his  inl(.'iTst  fi-oiu 
beainiiiiVg  of  the  work  of  rcfbrniiition, 
eMly  fiom  the  yi*nr  16 in,  downward 
Ike  year  IGrjO.  lUil  more  paiticularly 
ttsmce,  as 

1.  Against  the  art  n-ciswry,  for  o^crtum- 
ite  Mhoir  ro\ennnlctl  rcfo;  niatiosi. 
I.  A^rninMth'- arts  for  cici'tin;:;;  and  c.st:i- 
limr  ol'  abj uiT-d  pir la  t-y . 
lb  Agahi^  th.a  dfrt'laiTtlioii  iiupofinl  upon, 
I  iHMerffietl  by  :dl  pcrs«)!ix  in  piiMic  trust, 
ne the  cpveiiiiils  are  rciioniui'd  and  coa- 
taM. 

A.  Against  the  a<  t  nnd  doohnilion  pub- 
Hf  il.Glas«ri)w,  for  0)iiinr^  fA'  tho  fnllhful 


A  could  not  «:omjdy  witli  prflacy, 

<ltHy  0OO  aead  uptvanls  of  thom  were  il- 

Wn  AMhn* 

k  AgitfMlthalprcsumpluouc;  net  for  im- 


and  being  assembled  and  convocat  to  the  nam- 
her  of  two  or  three  thonsand  men  ki  armet  npoa 
the  day  of  J  une,  the  said  yenr,  tb« 

■  ■■•-11      ■  ■■   I  1 1   ■  I     ■  ■    n       w        ■      ■  ■■■  mh..mM^  . 

«  posinff  an  holy  anniversary  day,  as  the  j  eall 
« it,  to  be  kept  yearly  upon  th«  29th  of  Mar, 
«  as  a  day  of  rejoicing  and  thanksgiving  for  tM 
« king's  bhih  end  l-cstoration  j  whereby  th# 
« appointers  l»ave  intruded  upon  the  Lord*e 
«  pretT»i»alive,  and  the  observers  have  given  the 
«  glory' to  the  creature  that  is  due  to  our  Lord 

*  Hedcemer,  and  rejoyced  o^er  the  setting  up 
«  an  usurping  power  to  the  destroying  the  m- 

*  terest  or  Christ  hi  the  land. 

<«  6.  Against  the  explicatory  art  1(560,  nnil 
«the    sacrilegious   supremacy    enacted  ami 

*  established  thereby. 

"  liastly.  Against  the  acts  of  council,  tlwir 
«  warrants  and  instructions  for  indnlgence,  and 
«  p.]|  other  their  sinful  and  unlawful  acts,  mads 
« and  executed  by  them,  for  promoting  theif 
«  usurped  snpremary. 

"  And  for  twifirmation  of  this  onr  testimony, 

*  we  do  ibit  day,  being  the  OQth  of  May  16Tn, 

<  puhlidv  al  the  cross  of  Rnthenrlen,  most 

<  justly  'bnm    the   aborementioncd    acts,    t» 

*  evidriirr  our  dislike  and  tiwtimony  no;Aiiist 
» the  same,  as  ihty  have  unjustly,  perfidiously, 

*  and  prr<;nmptaously  burned  our  sacred  co- 

*  xcuauts. 

"  And  Avc  hope,  none  will  take  evrrplinn 
«  against  our  not  subsrnbing  this  our  testimony, 
«  being  so  sojemnlv  jmbVwIH  ;   since  we  are 

*  always  rraily  to  do  m  this  as  shall  be  judged 

*  necessary,  by  consent  of  the  rest  of  our  snf- 

*  fcring  brethren  in  SiHUland."  2  Wodro-.v  43. 

Mr.  Laing,  aOcr  relating  tlie  u<»sas6inatioa  of 
Sharp,  procetMls : 

"  Tlie  assa«wination  of  a  prc!at<»  and  privy 
counsellor,  uiij^hl  be  ovjirct: ;!  too\j;itc.  a  s<;verc 
inquisition  ;  but  the  c*^vo'/!i.iu:»il  ^;a.:  in^pirctl 
with  the  movt  frantic  rov:':;i;p.  'J  ho  people 
were  pro!;ibit  ?d  ih;i  u.^:?  or  pv.FC^ion  cfarms; 
and  in  the  ]Morla:-,:ati<»ii  t>  disfovor  the  as- 
sassins, thewhok-but's'  of  l':r.rtips  was  implj. 
rate<l  in  ilio  rrimiv  Vir-M  a?..!  ;innn«l  conven- 
ticles were  I'leclanvt  to  be  treason.  T.ie  people 
who  attended  woim  iiii!in?c'tly  i>i<l'?rcd  to  nc  put 
to  the  sword;  i-.n;!  \>hiMi  the  military  were 
employotl  to  o>:orii;;?;!iis  sr.nijiiinarv  pwclama- 
ti»n,  it  uus  iwt  •i;fluM:i*  t  *  pr.^tirl  l!>f^  insurrec- 
tion that ensuefl.  The  vv.rivr.'jtif  1»^  \vl»i(  ]\  per- 
secution alone  hu<l  nviiti-d,  imited  into  larger 
masses,  and  frf.:.i  the  very  una  us  employed 
to  suppress  then!,  ncquirr-l  tliu  formidable  ap- 
pearance of  a  re'jjuiin-  nrinv,  au'l  of  a  oautp,  to 
which  none,  exctpl  fi(nii  t!i?  near  vicinity,  re* 
pairetl  iniarmnl.  Parties  contirjueil,  during 
the  week,  in  arms,  a^itaU'd  by  the  murderers 
of  Sharp,  who  hat!  sti  ret'.y  joinid  them,  and 
impelled  by  their  piciu  hi  !•»  to  something  more 
than  defence.  A  parly  of  fourscore  apnearedf 
at  Uutbei^len,  on  th(»  iinni*«.rs:ny  of  the  rc- 
stonitiou;  they  bnrnt  the  staUiles  and  acta  of 
council  restoring  epificopacy,  aud  procU 


STATE  TRIALS,  53  Chirles  I!.  l6S\.~Proeeedings  ag^kui 


said  S(A\n  Sppetill,  Robert  Ferguson,  and  iher 
aooompUcea  did  most  treiuiottaKlie  attack  a 
•Qiall  partie  f>f  his  majesties  forces,,  within  ilie 
liMiii  GlaiK^we,  Hy  whom  they  and  iher  ac- 
complices were  delate  and  rcjiuls^i ;  and  «tiU 
oontinuing-  in  lh<^r  reb^Uioiia  armt  they  did 
awell  and  growe  to  the  number  of  ten  or  twel? e 
thousand*  did  n>hb,  pilafre  and  search  for 
koree^anDes,  powder,  baU^  and  other  instni- 
meiita  of  warr>  throwout  the  ahyres  of  La- 
nerk^  Air<?,  Renfrewie^  and  other  shyrea  of 
this  kiii^dome,  and  having  marched  to  Ha* 
miltotin  they  did  take  the  boldnea  upon  them 
t4i  issue  nrociaiiialions  and  print  declarations 
bearings  toe  treaaonabte  grouuds  of  their  re- 
bellinn,  did  model),  and  forme  themsekes  in 
troii(»s,  companys,  and  reg-imenta,  uameing' 
collonctUi  of  ret^mentSf  captaines  of  compa- 
nies, cornmaoderu  of  ifonpg,  and  other  officers 
under  the  command  of  Robert  Hamdboui), 
and  the  blood ie  and  sacrcle^ious  miirderera  of 
tlie  late  arch bb bop  of  Ht.  Andrews*  did  trea* 
sotittbly  beat  i^iarhes  be  drumes  and  take  the 
boldne^  and  presumption  upon  them  to  send  in 
iher  comini^ioners  to  the  royalt  earop,  trea- 
aooablie  requyretng^  the  subr ersion  and  over* 
tumins  of  tna  ^oremmeut  of  the  church, 
proudiie  and  insolently  boasting  of  ther  trea- 
•onable  arnaes,  in  which  they  and  ther  accom- 
piicea  did  most  treasonabire  continue,  unttll 
the  twentie  second  day  of  the  said  month  of 

an  unsubscribed  declaration  as  tlieir  solemn 
testimony  againat  the  defection  of  the  times. 
A  prudent  {!;t)vernment  might  hafe  dissembled 
theia»ultf  ordefen'ed  the  punishment  for  a  few 
days  till  their  zeal  had  subsided,  and  their 
GOo?euticle  was  dispersed.  A  violent  g-overn- 
ment  is  incapable  either  of  reflection  or  delay. 
Graham  of  Claverhonse,  afterwarda  the  ccle- 
braled  riscount  Dundee,  was  instructed  to 
ioisei  or,  on  their  resistance,  to  extirpate  the 
reb«la  by  thesnortl.  NextfcJuuday  he  disco- 
vdrcd  and  attacked  their  conreoticle  on  Ijou- 
doun  hilL  Hit  dragoons  were  defeated  with 
lorn  by  a  detachmeot  of  undtiictplined  iieasants, 
and  he  WHS  aldioct  inlcrceptLHl  himselt  by  the 
gallant  Clt^laud  who  was  killed  at  the  re> 
Toluiiun  ill  the  defejice  of  DimkckL  Elated 
perhaps  witli  ^uciress,  and  afraid  to  dlaporae  or 
to  rt<turn  to  tht^ir  humes^  they  advanced  to 
Glasgow,  where  diey  were  repulsed  at  fii-st  ; 
Init  while  thetr  numbers  were  still  inconsidera- 
ble atid  easily  dis.sipatfd|  the  town  was  eva- 
cuateil,  and  the  %vhole  country  was  abandoned, 
as  if  to  permit  the  insunt^ciion  to  increase. 
The  privy  comicil,  so  vigilant  and  prompt  to 
strike  while  the  people  were  tranqud,  I'ecalled 
its  forces  to  the  capital  when  the  pi  o pie  were 
mwarily  betrayed  into  an  insurrection  ;  and 
amidst  t^  most  rigorous  prcpuratiom^  through* 
out  the  rest  of  84'otland,  a  severe  administra- 
tion appeared  solicitous  only  to  justify  and  to 
tturich  itself  by  the  growing-  mngnitude  of  the 
rcTolt." 

*  As  to  tbis«  see  inthisCollrctioD  Ibe  case  of 
lajoes  Mitcb«ll^  vol  6,  p.  turn* 


June  167  f>,  thathif  m^peslifv  forces 
tacqne  and  a!tsault  tbem  at  B<S(ttiwel*1 
wher  by  GmVH  billing  on  hia  ma^csii^  an 
ther  numerous  and  rebellious  army  ws»  i^ 
sifiat,  routed  and  vanoutsbed,  I^ykt^a  th 
satda  John  Hureull  and  Robert  Feqruion«  1 
the  said  month  of  June,  and  oil'  and  di*e 
tymea  sensyn  did  receipt^  supplie,  and 
comon  with,  and  defend  Mr.  Hamuef  An 
iVIr.  John  Welsh,  the  bloodie  mTirderva  of  d 
late  archbishop  of  Ht  Andrews,  Ifclr. 
Cargili,  the  dcceaM  Mr.  Itit^  ban)  CamfnNi, 
and  sundrie  other  noionoun  tru j  i  '  :  *he^ 

and  in  tocken  of  tl)e  said  John  ^mjlt, 

be  hesconfasaed  tlie  samen  bt^jtMr  me  kjfibfif 
h is  majesties  pri  vie  council  *.     Th  ro we  doaof 

*  I  have  not  met  wriih   any  M\  account  of 
the  extent  of  the  powers  eLi«rc£Mid  or  rtainiedhy 
the  Scotch  l^fy  Council,and  of  tiie  foundatioa 
of  those  powers  respectively,  whether  prcscrip 
tion,   act  of  parliament  or   UBuruation,     4r 
George  Mackenzie  writes  tlius  of  tlic  couairil ; 
*^  Tlie  affairs  of  this,  as  of  all  other  nakiom^ 
are  either  such  as  concerti  the  policy  of  tkt 
kingdom  in  geueral,  or  such  as  respect  the  6m- 
tributing  of  justice  betwiirt  private  parties.  Tht 
policy  of  ^vemment  of  ilie  kingdom  ts  rm- 
lateil  by  bis  majesty^s  priry  council,  id  Hkifib 
the  chancellor  is  president  if  h«   be  preMM, 
but  in  his  absence  the  president  of  the  cooacil 
presides.     This  office  of  president  in  tlu-  iium. 
cil  is  a  distinct  employment,  and  ii 
the  precedency  from  aJl  the  nobiUtf 
ber  of  this  J  ndjc  atnre  is  not  defi  n  iu" ,  m  •  j  m  ^ ,  n-; 
upon  his  majesty's  commission;  bui  all   Liv^ 
oniccrs  of  state  are  members  of  it,  raiiautoj* 
Jicii   It  has  its  own  signet,  and  its  lett«r<i  pan 
by  a  bill  subscribfHl  by  any  oneof  th< 
upon  which  warrant  tlte  letters  are,  s 
veral  forms,  extended  and   subecribe^i   by  vat 
clerk  of  the  council,  and  they  bear  also  to  U 
*ejt  deliberatione  dominorum  secreti  —  -  '   • 
They  must  l>e  executctl  at  least  u\' 
days,  and  a  full  copy   mustbegivti 
all  diets  here  are  |»eremptory  and 
continuation  of  days;  the  reason  %^  j 
^  ut  reus  veniat  indtruct^is  ad  defciideooutu ;' 
Whereas  before  the  session,  a  short  copv  }% 
sufficient,  Itecause  the  summons  in 
to  see,  and  a  tttne  allowed  to  aoswf^i 
ai*e  here  so  peremptory,  thai  if  r 
cited  to  a  day  whereii|ioa  the  ' 
if  he  appear  at  the  day  to  wh 
and  take  instruments  at  tliec>> 
he  will  not  be  thereafter  oblige«J  vi  uti 
can  he  l>e  denounced  fugitii  e  tor  h&t>tt  aW 
for  seeing  ii  is  peremptory  agaiuat  oiniftli 
rea«ODabIe  that  it  should  be  ptsremplacy  for 
him. 

^*  Where  many  parties  are  cit^d  iks  ddndsn 
upon  a  bill  to  the  council,  any  one  or  two  wM 
be  allowed  to  aoswer  for  the  rest,  diey  fiiidai^ 
cautbn,  and  etiactitig  theaiaBlT«»  10  oe  fiaUa 
lor  whatever  shall  l^  decerned  ag^ostlboM 
for  whom  they  undertake :  whicb  pcsfilm  h 
granted  if  ao  perftooa)  ptmishnMnl hm  wmiwM 


I 


W]       STATE  TRIAtS,  53  Charles  IT 

•bctfOfor  fUMr^ir   iafh«)r  of   t)»Ct  dc€tl«   above 

:  '  L   nil  aoci  Rwbcrt 

are  tjuilty  of 

i^mi  tbc  (iefemicni  ^  biu  if  citlier  ihe  com- 
.»  *K,.»  t!ie  crime   ivUlin  law 
nl,  liitfD  the  oft'eriug" 
.1       , ,  will  not  be  allow ccf, 
ui  scqui  ilcbt't,*  and  no  man 
!v   for   siiiothfr,  *  nam  nemo 
II   membmnira.*  Tb<'pur- 
'Wfi  proeunitor*  bul  the  de- 
nnt,  or  wend  a  testifi- 
iiul  Awd  conscic*nC€: 
of  ttny  counsellor, 
inKwrr  fof  any  de- 
^e  defender  will 
MTitive  upon  his 
^^i.»  Ue  received  as  if 
Uiifm  fttmv^  -ny  bill  for  receivings 

amiiiliaflt,  po^^^^u^...:  a  counsellor,  but  in 

**Tli#eottficil,  by  the  first  constitution,  were 
mim  u  tftJt«  eof^iM)!nuc<^  of  what  concerned  the 
pmt  pmce,  and  tvrrt^  neitUet  judgfe«  in  civil 
^atm^jtHH  cnmi  farasUit^^H^  infringed 

"^Ok,  9t  m^tvi  V.  i  Hereof:  but  now  tbat 

jdieattm  dotb,  uiiikr  Ihe  notion  of  riots,  and 
WdMi  of  lb<?  public  jicttcc,  bear  too  many 
as*         *       1  criniifJaL*' 

Vi  n  of  {\\o  two  crowns  of  En^- 

itfJil  ^rnment  of  the  Utti^ 

**"'  f>f  it:^  Liu^^and  ibe 

"istpvetlmerdy 

ir.  Ijaiu£is  (Mist 

.»  iluit  brin^  **  at  once  a 

^  cotincil  oi  Ktfite,  it  oeces- 

•inji  nr^nni''  '^  njnnirul:  tlit  jiidiriiilfunitTOUS 

MR  unified  with  lb*    rveniiivp  |io\vers  of  tbe 

«r.f..  .,,.1..  j.^..  ( .,  ,     ,.  .,*       .........  Tkot  uofre- 

a  too,  that 
-^  -'f  Uiis 
pai  - 
,  ^  veru- 

laod,  ivus  tilt!  «€crt't  motive  wbich 
•1r  nt)iUlui'«u*<bury  to  support  the 
fi  Hjf  union  of  lhi>  two  uiem- 

Surh  i\  boyif,  Itowyver^ 
I  ; -.irate 

Stat, 
tt      i>i  tiiiJi  evcDt,  3h\  J^;imij'sac- 
'"•Mat  Ml  aa  follows  : 

Tiot  ytt  rnmplete,  unlefs 
U  were  establitbed  in  the 
^U.tl  iuxijj(dMUti«f  Hitb  ibe  tcume  Uw^  aiciiiitst 
cniiie«      Tbo   motives  of  the    8«'oli]bh 
OHM*  'JO  union,  to  govern 

I  ^iMwii  riuuciK  exempt  fh»TO 

ex- 


1 6ti.'^^prmn  and  Fergmm.        [71 

tiie  crymca  of  trea«on,  rebellion  and  otUer* 
above  mentioned)  and  are  actors*  airt  and  part 
of  the  sanM*Dt  which  being  found  be  ane  aaajtCi 

tained  to  the  queen.  Twenty -five  member^ 
cluelly  their  own  creatures,  were  appointed 
conunissionet^  to  distribute  tlie  equivalent  ac- 
cord iu£^  to  their  in*»t ructions;  and  as  the  wrttt 
were  directed,  and  the  return*  made  to  tht 
privy  council,  the  management  of  efeciioos, 
And  the  nomination  of  the  representatives  to 
both  houses,  were  placed  in  their  hands.  Tbej 
promised  Godolphm  ihe  most  unreserveil  sup- 
port ;  \but  the  Squadroni^  party  applied  to  the 
whigs,  to  dissolve  the  administration  of  the 
privy-eouncil  trora  which  they  were  excluded 
themselves.  [Cuouini^ham,  ii.  71.  7^*]  The 
situation  of  Scotland  would  have  beeo  infinitelj 
worse  than  before  the  union,  if  an  institution 
were  preserved  which  was  at  once  a  court  of 
justicci  and  a  council  of  atate,  wherein  poher 
miaat  ever  predominate  over  the  laws.  While 
the  legislature  remained  entire,  its  oppresaioii 
was  restrained,  but  if  a  distinct  administratioo 
were  permitted  to  subsi^i,  there  was  no  power 
in  the  nation  to  procure  the  redress  of  gtiev* 
anoes  from  the  British  parliament :  the  cum* 

IdaiDts  and  the  applicatlouiiof  the  people  \^oulil 
lave  been  intercepted ;  and  to  suppress  their 
murmurs,  the  privy-council  must  nave  aooii 
degenerated  into  the  tyranny  praclifeed  in  former 
reig^ni*.  [Hard wick's  Slate  Papen*,  li.  473. 
liumet,  V.  300 — 7B.]  From  Oie  same  disin- 
terested and  enlifflitened  views  which  pro- 
duced the  UTiionf  the  nbro^lioti  of  the  privy - 
council  was  concertcii  by  loril  Homers,  wfth 
the  principal  whigs,  A  till  waw  introduced  in 
render  the  union  more  entire  and  complete. 
The  same  privy -coundt  was  proposed  for  the 
wliole  iidaud  ;  the  returns  of  elections  were  tti 
bf!  ti'ausfcrred  to  thp  sheriffs;  and  the  juris* 
diction  of  the  Scottish  council  was  to  be  sup- 
plied by  justices  of  peace,  an  institution  often 
atteuii»ted  Itut  never  accomplished,  and  by  rt 
gular  circuits  of  the  justiciary  court,  twice  a 
year.  The  administration  opposed  the  bill| 
a;;,-  '  '  fi  the  Scottish  siateRmen  endea- 
r(i<  re  a  clamour  at  home  ;  but  Uietet 

tht  — t^nt  at  the  union  was  gratified 

by  Loieritwhich  thev  sustained. 


n^ 


( arl  of  Mar  to  liis  brother^ 


M8.  m  the  Archives  of  the  family.]  At  that 
distance  from  the  seat  of  government|  ihey 
mairitaioed  Ihfit  the  disuflVction  of  the  Hij^h- 
landers  and  ppinctpftl  fatnjlie'^,  Incensed  at  an 
union,  rccpiired  the  \\  <"ttoo  of  the 

privy -coundl  ;  bu»  thcj.  iwrt-i  to  re- 

tain the  !i;itii>u   in  a  mistrabie  *1.  "a 

thcmKelvrH  and  on  the  rinuvii,     '\  ^ 

to  the    union  wn-  I    to  sob:  mIc   (he 

sooner,  if  every  n  inction  Here  onoe 


laiMU,  W                                                                              041 

etc                                                                  J 

P""""*  '•>                                                ,  and 

Mu; i-,  _..-..:.:-     J...... itJ 

ftes;  tbrvu^  whiHQ  aluua  tccttiiiwa*  ot>- 

awnivenMry  ot  tbo  Ufitou  HUjj^ht  imroduoo  th« 

■■'  ,.^- 

751]        5TATE  TRIALS,  33  CnARjs^n  U.  l68  {.—Prdceedinga  agaimt       [75g 

endured  tlie  vame  two  Bevcrall  ijiMi,  hem- 
stantlie  lu^uyed  the  cryine,  and  conaemieBtlit, 


tlicy  oaj^Iit  to  be  puaishec]  with  forfaiiUurs  of 
lyflt  land,  and  fjfocMls,  tn  the  terror  of  others 
to  commit  the  like  herealler. 


Fersezeer. — Sir  Georjfc  M'Kenzie  of  Rose- 
faau^h,  oiir  soveraiene  lord'n  Adfocate. 

Prticurators  in  Defence  for  Sprruail. — Sir 
Gnorge  Lockhart,  Air.  Walter  Pringle,  Mr. 
Jamra  Daea,  Mr.  Aiexauder  StvLuion,  Mr. 
Darid  Thoris. 

His  Majesties  Advocat  produced  a  warrand 
for  perseweingp  John  Spreull  and  Robert  Fer- 
gason,  whereof  the  tenor  followes  : 

Edinburgu,  9  June  1681. 
*  The  lords  of  his  Majesty's  privic  couneill 
'  doe  ordaine  hiK  majesties  ad  vocal  to  perscive  a 

*  proces  of  forfaulture  apfainst  John  Hprcidl 

*  merchant  in  Glasprowe,  aiud  Robert  Fei'^uson 

*  of  Letterpinc,  before  the  iordti  of  his  majesties 

*  jnatieiarie,  for  which  this  shall  he  his  warrand. 

*  £xtract  by  me.— «&'r  tubicrihilur 

*  W.  Patcrson.' 
His  Majesties  Advocat  for  obviating  dcbat, 
dcchfcres  that  he  makes  use  of  John  SpreutPs 
confession,  lybelleil  onlv  as  a  mean  of  probatiou 
to  adminicufate,  the  olner  probation  to  be  led, 
but  does  not  insist  upon  that  ouufrssion  at  this 
tjrme,  either  as  a  cryme  per  sc,  nor  as  a  suffi- 
cient mean  of  probation,  without  bein^  admi- 
niculate as  said  is. 

Mr.  Walter  Fringk  for  the  pannal,  alled^cs, 
denying  alwuys  the  lybcUaud  tbe  preiendit 
eonfesAon,  that  the  iKmuall  cannot  passe  to  the 
knowIcd$|«  of  aue  iuqucist,  because  it  is  of- 
fered to  be  piovcu,  that  he  bein^  oxuiiiined  he  ■ 
fore  tlie  lords  of  hi>  oirijf.'kitics  privit  couixill 
upon  the  same  cryme,  auu  haviu;^-  d<  riv\>.l  \\\m 
tame,  aud  ail  accV-wii'U  tlicTclo,  c^mI  UKi.v.iUr 
the  lurlor '^  Uin;^  acUiilit  to  hi.?),  auu  huiii::; 

same  •.overfill -eiil  tlirow^r'i  lix  \vln.l.'  is'af/J. 
So  vu'.I-.Uil^s  wfc  ovir  f^.■:ll:•^^  iiuMJiti:!;!  u'.\x\  ;.;'- 
feclwl  h\  ijv.r  ]K'r*oiiiil  iiil'Jicsi,  th;u  iii.  io<;.s  ol' 
a  Vi'ii'riaiilc  iiisliluliou  v.i«s  tlfploio;!  bv  tlusc 
^ho  Irid  r>j.,.i.licei!  the  coii.-tit'.uic.i  :uid  \\\ii  in- 
depeii'lcM:.*:  of  their  c.oi::i In  v.  iihriii  a  !»*»•:;■ 
of  rc.:u :.  [Li.'Uei-s  fioiu  ihi* -.w:^  oi*iViar  lo  Lis 
brotltt:!-.  ."^IS.]  The  c*.'.i.:l.i«iip*,  l.iboiii'*.  oi  l!u' 
priv\-(i.i.iiiLiL  wciC  usc'luP.v  « .n;>!oyo.l  In  w- 
calli'i(r  \\\^  coin,  and  iu  uiieitii;^  iu;  Uc  u.mi- 
naiiiiii." 

"  'i\»rmi\*,'  siaj^s  •Viiu.kcii::ii ,  '•  i.-;  se'ui.un  ust'.'l  I 
with  M.S.    Iiccuhe  sofac  uUsttitiuW  fu  rsous  do  | 
oft  tinios  d(;ny  truth,  whilsl  oihcis  v>'i;'i  u;-(-  ii-.:ii  \ 
and  liituruu.s  conicsslur  loar  \\\\\x\  is  iwA  uu*-.  | 
And  it  isruLupoteut  tJ  notics  but  to  il.r  rouijcii, 
or  ju:.t:cis,  to   ust'  torture  in  any  r.Lsc,  and 
ther(.-rorc  (iivy  tuuud,  tliat  fcir   W  i;'.:»in  jlal-  ] 
leuilrii,  as  ;*.  Jiiptaiu,  could  not  torture,  ihouMh 
it  u.::»  allf.(<4vd,  that  this  was  uu(-essr.ry  suuio- 
tinus  I'm- kiiowin*^  the  motions  ot'tbc  er.eiiiy. 
ami  ir.ijtht  {•<*  necessary  and  ;UUmtil  iu  bimir 
c:  .;.'-.  «<i  ^i.!iii-jrs,  iur  the*  |;oixl  of  tin.  coiiuuui:- 
W;.'ul:!i.      ViiiJ  il:t^  i'oiiucil  are  vy  tender  iu  tor  • 
turi%  that  thou:j;^h  uiutiy  presumptions  ivere  ad- 
du;:ed  against  CiiU»  Tbyrc,  l:ngU«hAiNUi,  bus- 


by the  luwe  of  tiiis,  aiid  all  atlier 


pected  of  murder  and  adultery,  they  refmori  ta 
torture  him,  albeit  it  was  pressed  sedously  by 
his  majesty's  advocate. 

"  It  is  a  bnicard  amongst  Uie  dodon,  tkit 
he  who  offers  to  abide  tlie  torture,  purges  ill 
otlier  prebumptions  which  can  be  adikioed 
afi^ainst  him;  and  yet  Alejcander  KenmdT 
bein^  pursued  for  tbrn^jng  some  bondi,  lul 
nothing  being  adduced  Tor  proving  the  crinui, 
save  presumptions,  ofiered  to  aUde  thii  tuctH% 
but  this  was  refused. 

*' Torture  likewise  being  adduced,  pingv 
all  former  presumptions  which  preceded  tk 
torture,  if  tlie  person  tortured  doiywhstvai 
objcpteil  against  him ;  but  yet  be  may  be  pat  10 
the  knowleflge  of  an  inuuest,  upon  uev  prt- 
sumplions,  as  was  founa  atler  a  leanuid  dt- 
bate  in  the  case  of  Toshoch,  [See  Z  Hiuu^ 
Commentaries,  117  and  118]  who  was  loitiiRd 
for  the  alled^ed  burmng  the  House  of  Frei- 
draught,  August  l6o'i,  for  it  was  alkdgd,  that 
torture  is  intended  lor  brin<^ng  the  verily  to 
light,  and  as  he  had  been  condemned,  if  he'M 
ounfest,  so  he  should  be  as&^hed  wboiiMeik- 
nies,  else  no  man  would  endure  tlio  tarian,  il' 
they  were  not  ])crsuadcd,  that  u{MiB  den*! 
they  should  be  cleared,  butwuu!d  coiifi^auil 
not  endure  so  much  torment  uunece5.%rily; 
so  that  the  in(|uibiliou  would  be  the  occsudoD  of 
much  sin,  and  make  men  die  with  a  lieiii  thrir 
mouth :  au«l  llierci'urc  turtare  is  called  *  probotio 
i.ltiiua,'  vid.  Ciiir.  tpieat.  6 >.  Yet  8|»ot,  Mu- 
v.t.U  of  CiiiUen  ,  ii..d  oilieio,  wcio  coiMlivniut^ 
iiJk/  i'Kii.e,  upon  ciin  r  piokititjn  than  »w 
d.daei :!  Uefore  the  loiim*.'. 

*•  i  rL-iiH'!nl>:!i'  i;.  v.a ;  di !i:it::d  ia  i^ountri!, anoo 
J  'j r.ifT,  ■ :"  tiie  \s'l St -v'-ju I itry  uicn  who  w ertf  cofl- 
d»^:ii;u'd  {\,\  trL\.soii  n.i,Ilit  aiu-r  Ncnlence  be 
I.  iLuicJ,  1-..1-  cleaiinu  v,  iiu  v.ero  tbtir  accom- 
l-iiiTs  ;  nuu  i'l  \.v;s  i'nwvl  that  they  couiJ  DOl, 
*  nam  j'O.-.i  i<  n:;v...i;uu:>ni:m  J.idicea  I'uuclisiurt 
'olr.tria;'  jotiili  iav.\  ltj  :iri;  of  opiuion,  tlitf 
c  v.-:i  ailerbvi.t^.i'.'r,  <\i.i.liiuts  m.iy  Iwlortuted 

»•  <?iie  ol"  ilk  jiiivjitn^m  of  uiinoi's  is»  thil 
liji-.y  caviior  h-.*  '>-\i'\yc\.  <\  to  torture,  ie«td»e 
ti:n(UMhi.:»b  i.diii  „.  liioir  :i£'o  and  judffntfDti 
u.lJvf  liiL-iil  hiil  9  v-.TTUi  rZi  «KiT.?rystf*t  Irw  ^ 
i^«-r«  7Xt  Xf-.l-irx^iv  ^rrriv.  ICeioj^.  dc  q»Wll« 
<•;>_)  P.  u'l.  'lel  !-.  o,  iV.  dct|UO*t^  JudgWW^ 
liiMisaUcu  eiii\  <</  turiure  such  w  are  uad* 
loniu-ei:.  lViv.»:;s  vory  old  were  D«t  •• 
Ik-  toriuiiAi,  fur  ii.e  sauio  rt»son,  L.  3.  ff.  ■* 
S.  C.  Siliau.  \\  liieii  v.:is  by  sonic  exiradcd *• 
woi.K ';,  iick  }H'i-MJtiK,  and  sueh  as  had  b«* 
eniiui.iit  i'l  ari\  nati<m  for  leariiin&f  or  olbtf 
aii'i :  hilt  all  ir:i.«>  is  arbitrary  with  us. 

'•  'J'ljosi*  ulio  toriuie,  if  ilie  pc^rson  tortuiw 
«'i.'.  are  puni.'.liable  a>.  nmrdtrcrs.  but  ihoutf* 
lb/\  liienot,  \i-\  by  ihe  civil  law  they  wettJ  pi»" 
ni  iiieil  '  di-|KJi  lutiJne  in  insulam,*  or'by  baaiv^ 
nn  :it  ;  Uiid  «vitl>.  n^  tin  \  are  puuiiihedlbtOOUnk>f 
to  tilt-  (piality  ot  the  enuic." 


763]         STATE  TRIALS,  3a  Charles  II-  l6%l.^SpreuU  and  Fcrguion.        [751 

CttDDot  be  impaimaled  nor  condemned)  ^  lur  tbe 
siune  rfynie  upoD  any  qcmt  prubitiun.  And 
wbenfaii  bis  nifijesties  adTOcat  declarer  that  lie 

Upon  the  subject  of  Torture,  9cc  in  this  Col  * 
leclioti,  Emlvn'»  Preface^  p.  xjcv.  Vol.  1.  p. 
505,  1338,  'Vol:  2.  pp.  773,  774,  Vol  3,  p, 
371*  Vol.  «>-  p.  J 217  etstij.  8ee,  tt»o,  Huiiie's 
CcNnmetitarics  on  the  Cnoiinal  Law  o['  8cot- 
laiid^  Vol.  2.  chap,  Vi,  s.  1.  Mr.  Rosi\  in  his 
••  Otservntiong  on  Mr.  Fox^s  Hi^toncai  Work^* 
Jfect.  5«  p.  179i  meolLous  that  two  eases  of  Tor- 
||b|  ooGorred  so  lately  »s  tn  thi^  tv\^  of  Wil- 
^IpHiie  Ibird*  Of  the  Froreeding^  in  one  of 
PRie  caaeshe  has  given  the  followiag  llistoi-y 
frutn  the  liecorda  of  the  Scotch  Privy  Council: 

ItTSiiS   HESPECTINO  THE   APPUCATION   OF 


t 


High 


I  uTLE  m  Scotland, 

Sederunt^ 

Majesty 'i 
Cora. 

*prutD  Unrig 
jftrgyk 
fct^iifard  P. 
SiTajtberlAnd 
H^  Eglintone 
^H^&rtoae 
^HbassUt 
VrLotbt&n 
I,  Fortar 


AUGLST  4»  1690. 


Btoir 


L.  Raith 

L.Cardrosa 
L.  Umbven 
M.  ofBuHicrb 
I^,  Justice  Clerk 
L.  AhcnTrbelt 
l^arrd  of  Gtttnt 
Laird  of  Blackbarony 
L«ird  of  l^  \  cs 
Kir  GcorjEff  Monro 
La  iff  I  of  Br<»die 
Mi^orGen.  M'Kay 


Pbra^much  as  thcr  has  been  a  treasonable 
( UaUish  plot  ron» rived  and  carriwl  on  against 
\  pcmonn  their  grovemment  and  their 
cU.  within  this  and  the  neic^hbonringf 
s;  and  I  hat  tbcr  is  evident  prpmimptions 
and  documenrs  that  Henry  Na^ill  Pain  pri- 
moer  within  their  ca9»tle  of  Edinbitrgb 
Kcndatl  alias  Morgan,  Colin,  John  and  Palrtck 
Bellfl  have bcfo  accessory  to, and  in  I ht*  know- 
ledge of  such  an  unnatural  and  damniible  con- 
vpirac}' :  Tiiercfore,  and  for  detecting*  and  dis- 
cawenng  thereof,  tber  ma  ties  high  com  mis - 
iioiier  and  the  lords  of  pri^y  counciU  do  or- 
daine  the  Tortur  to  be  put  to  the  saids  Henry 
Nstf  Ul  Pain  Kendall  aliais  Morgan n^ 

C^ilio,  John,  and  Patrick  Bells,  in  their  own 
lence,  or  a  Cotnmittee  to  be  appointed  for 
I  •'Ifeci  (Sic.  Sub.)  Melvill,  Crawfurd,  P.  Ar- 
,  Southerland,  Eglintoune,  Lcfcd,  Forfar, 
dross,  Ruthven,  Balfour,  G.  Cani|)betl,  C, 
Cafiiubell,  A.  Murray,  Jr  Brodie,  H.  iMackay, 
0«  Moofo. 

Al  BdiQbufgH  the  lOth  day  of  December  1690 
yc€n« 
Sederunt, 


E.  Cra^vfurd  P. 
£k  HouiherLLiiid 
£«  Mortoune 

jLCassils 

Hi.  Stair 
inUitlt 

TOLp  X* 


Lt  Cardross 
L.  Cartnicbael 
L.  Ravilhj^ 
L.  Abertirqtdiall 
L,  FonntanhalL 
L.  Blackharrony 
Sir  J«bn  Uall 


make9  only  me  of  the  preteudit  cnntession,  ly* , 
li«Ued  upon  as  aue.admiuicle  ot  any  other  pr<»-. 
bution,  uhich  is  to  be  adduced,  tlie  paunall 

The  f»»llowiij{^  letter  direct  from  hi*  majesti*  . 
to  the  Privy  Council  I  was  read,  ordered  to  bt. 
recorded  whereof  the  teoor  follows : 
8upra8crihitur. 

Ri^lit  tru!>tv  <Hii1  intirely  beloved  coosint 
and  councillor/ 1  and  right  weell  be- 

loved cousins  Divi  'IS,  ng'ht  irosty  and 

weell  be!ove<l  cotii^ine^  nad  councillors,  right 
trusty  and  wcel  beloved  councillors,  and  trusty 
and  weell  beloved  oounnllors,  wee  greet  you 
wcell.  WhereJis  wo  have  full  assurance  upoa 
undcninble  evidence  of  a  horrid  plot!  and  con- 
spiracy against  our  governraent,  and  the  wboln 
settlement  otthat  our  ancitnt  king"dom,  for  in* 
troducio^  the  authoritie  of  the  late  king  Jamea 
and  Pti{>ery  in  these  kingdoms,  and  setting  up 
au  imtire  new  ft»rme  of  government,  whereof 
there  has  been  sei'eral  contrivers  an(t  managers,' 
and  Navill  Pain,  now  prisoner  in  our  castle  or«l 
Edinburgh,  hath  lykways  been  an  instrument 
in  that  conspiraqie,  who  having  neither  rclatioa- 
nor  business  in  Scotland,  went  thitber  on  pur* 
pose  to  mtiintain  a  correspondence,  and  to  ne- 
gntiat  and  jiromott  the  plott:  And  it  being 
necessary  for  the  security  of  our  government, 
and  the  peace  and  satistactiou  of  our  good  sob- 
jects,  that  these  foul  designs  be  discovered  ? 
Therefore  wc  doe  require  you  to  make  all  legal 
in qu trie  into  this  matter ;  and  we  have  trans, 
mitied  several  papers  and  documetits  for  your 
information,  some  whereof  have  been  reaif 
amongst  you  ;  and  particularly  wee  dots  re- 
quire you  to  examine  Na^dl  Pemi  strictly  ;  and 
in  case  he  prove  obstinate  or  disengetiious  that 
you  proceed  against  him  to  torture,  with  all 
the  rigxkur  that  the  law  allows  iu  such  caisa» ; 
and  not  doubting  3'our  ready  and  vigorotm  ap- 
plications for  the  furder  discovery  of  wte|  so 
much  coDcems  the  public  safety,  we  biK^ou 
heartily  fai-eweelL  Given  at  our  court  ali^en- 
singtoune,  the  18th  day  of  Noyenil>cr,j|avaj 
(1C90)  and  ninety  j'cars,  and  of  our  ritph  th« 
second  year.  By  hii  majesty's  command  (Sio 
Sub.)  MiLviLLE, 

The  lordaof  his  majesty*!!  privte  council  doe 
bcerby  give  order  and  warrand  to  lieut.  coL 
James  Murray,  lieut  ^rernour  of  the  ca«itk 
of  Edinburgh,  and  in  his  absence  the  nii^  com- 
manding officer  present,  to  bring  along  Navill 
Pain  prisoner  in  the  said  castle,  in  presence 
of  the  provost  of  Edinburgh  ane  uf  the  said 
lords  their  own  number;  o.nd  that  under  ai*d 
sufficient  guard  and  hst  the  t^id  Navill  Pain  in 
presence  of  the  saids  lords,  without  admitting 
any  persoD  whatsoever  to  speak  w  ith  bim  oa 
the  way  as  he  comes  from  the  said  castle  to 
the  said  lords,  or  in  the  said  coaitla  before  ho 
come  forth  thereof 

The  above  prisi^ner  being  brought  to  the  bar, 
and  being  scvei'al  times  removed  artd  called  in 
again,  and  being  asked  aever<i1  questions  aneal 

3  C 


N 


STATE  TRIALS,  35  CttARLts  U.  iG&l.—FfwuiimgM  ag^tm^ 


I 


proicMi  that  he  may  be  hesLvl  against  ttie  To- 
lerance of  any  such  pretendit  coafessUinf  do- 
uruvsjickDOiwIeiijxiuu^  iu 

a  ouDsplraeie  acfainsl  the  ^veromeDt,  and  for 
rrsloriii^  die  fate  kiim-  Janie^,  wberdot'  the 
counnt  ha  i  irtroiigf  2nS  evident  presupiptions 
of  his  knouledf^e  ;  he  denied  alk  knoit'lei^e  of 
or  ]icc<  Sk»^ (one  to  tli€  forced  conspiracie;  and 
the  coundU  Imving  by  the  enrhi  of  Cratui'd, 
theii"  presideut  for  the  t^ove,  intimate  lo  the 
prisoner  that  the  couacin  has  certain  and  Kufii- 
cient  eviiiences  of  hi&  kirmlrtlon  of  atid  con- 
ccme  in  the  plott  and  t  ,  aud  Uierfor 

rei)i(ire<l  hitn  to  l»e  iiicr*  i  I  frank  in  his 

cptifessione,  oyrwAvct*  llie>  \inviid  (in  respect 
of  itic  great  ajid  clear  evidences  i^kioat  hiiii) 
pvit  hiui  U»  tlie  turUirc  ;  and  the  prijwiner  hav- 
ing stil!  refused  to  i*»ake  aoy ackiMJuleilg^Mient^ 
and  iti  a  boasliog  roam  r  bid  them  dui^  with 
his  Uidy  what  ilihy  pleased  ;  the  eoimcdl  re- 
solved to  proceed  to  torture;  hut  Hr&t  C4dled  tor 
.|Hid  read  at  the  board  (the  prisoner  beiusf  re- 
tno^ed)  ane  Ibroicr  warrainl  of  coiiucdl  for 
pmtiuy;  tbifi  prisuuev  utid  others  to  torture,  in 

rti«i(>CCt     of    lliM    *      itLnt      liri^sniiiJ.I    Miiu;     -"iiriSt 

ihcin,  sjgo*  1  mt 

and  hi  teen  1"  ,  \u- 

It  htiiiig  ino?ed  alt  the  hurv,  Whcth«)^  Navill 
Piiiu  the  piisfMJtr  iia  e:i  .cngenuii y  w 

refusdt  to  aiiFiHct  no-i^  i  rj  of  ihv  W- 

lure  h«  i^  to  he  iiui  lo  ihi^  ai^Li,  may  h«i  put 
lo  new  torti^re  d\p  oiiuroiv  -,  lUr  wMi/e  went  to 
tli  '  iwv^  lUiitr 

^'  ii|iOu  in- 

Itvio  4.iir'v>  iii'i  r<ii((i  MU  ur  nviiu  iikm',  which 
he  ^liall  Uv  thii»  u^^Ht  mifno'^atf^  a(»oii. 

.TJic  priM»uer^  heiopf  a^aiu  hruu^ln  in*  usw 

El«»  the  torture   of  tho  liiunibi<^kius;    aud 
ig  cjianiiued  upon  ^fveial  miivroj^atorian' 
^0S^  t<i  tlie  1^  hole  rK>pU«i  c. 

I>eceaibvr  to,  1690. 


Hit  MAiiisTY^i    AtyvocAP 


the  pannaU  hadebein 


tOllOVtdl|  QpOl 


ordinary  phyaitians  and  chimnfeooa  In  sHad 
trim  ;  the  governour,  lieui.  goTrmour,  or  mtw 
inferior  officers  of  ttie  sakl  camtim  bek^iiwi^ 
answerable  for  bis  safe  custody. 

December  30, 1690. 
SederurU^ 
D.  Hamiltoune  P* 


E.  Crafiird 
E,  Errol 
E.  f'asriJi 
E.  For/ar 
Vjst-'t.  Stair 
L,  Raith 


l^,  Cnrrttfr^haeH 

I 

L       ^  .rdtftft 

h.  FmniiBiiilMll 
L.  BlackhaiTon)* 
L.  8tcveiisooe 


L.  C*4inh  »>»*«> 
h.  Kiiuliic 

1.  .V'        ■  ■ 

ilneut  thtf  Petition  iriven  inio  the  lunlsi  of 


n.  Haroileoitne  P, 
E.  Crnfurd 
£.1^1 

K,  MortfMiti 
E.  For!:!. 
VUct,  8i.in- 


The  folbwinir  letter  direct  from  hiti  i]i^|iitie 
to  the  couiicell  being  this  thiy  read,  yn$  »• 
dercil  tol^e  recorded,  whcreot  the  tenor  iutlowi: 

Suhscrihitur 
W.  R, 

Right  trusty  ai»d  entirely  befffrctl  rmHfue 
and  councillor,  i  '  i  u- 

vrerl  MufMl  t 

trusly  afi4  vii%t;l 

aud  wpci  beion**"!!  it'Tnu.jui'j',,  ^^e'.- 

wreJ.      Mliereaa  w<}  uiidersUntl    |1 

l^»tii»(>  haih  lieen  mtm  f«hstii];Ue  aii 

iiioiiij,  when  examined  by  you  cone 

lale   plott  and   r<)r»>iUi !::*<' v  a»jTiil>6t 

^ownnnent,  ii< 

liooi*  of  favor  i  i 

very  i  It  is  tUcreti»r  our  v, 

wtt!  doe  heerhy  authnnz 

cause  «ic*"iire  hint  iu  < 

pf  f».*)n  he  Ku ill' red  tf^ 
'  with  hioi  in  any  mainu'i  oi 
1  keif^Kr^  and   aliyo  phisilian^   and 
I  uhei*  alUmcil  by  you  ;    un 

.So  not  iioubuoj;  your  r*:i' 

th'^^e  our  eomioaudf,  wt-c 

u.  .1.    (ii^€u  at  onr  ctn> 


tbf 


•f  our  mdtwu 


*-i>f 


all 
til 


of  or. 

rouiit. 


<lyeur     Hy  h\ 


H^ 


Tlw»  lonhi  of  ihclr  majriily  *s  pHv  v  roati::il  m 


V 


rlmt  ihf 
(il  uncle 
iiHture ; 


if: 

Jlid    -:--,-.      ---.^     ■.'^-  ^     ,   .._,  .  .^^   ...  .-Kr..-ir.'iK 

Mm  femt  hberty  l*i  ntttnd  him,  ai, 
dfniMftancr^  may  L-ndarr^^r  i^^ 
tfccrtiiiTf  humbly  craving  ttieir  iD  to  ahoiv  him 
tll^  Itenf  fite  of  open  prison e.  anil  to  -^iJovv  lua 
ordiaarv  ptii^itians  aud  f-hirur^ion^  to  attend 
hyat,  sm*'»'  tlw^y  oply  fonfd  kno»v  his  constitn- 
tinne,  .-  irs:    The  lord?*  of 

t*ieir  II  1  b}:?!!!""  t  i.iHiiJer- 

II 


'^:kl  fhiy  of   Dcftember  in 

H  illitl'!  K^r  lti4  111    lo  «:i  tts      V 


,JI..|I'- 

^  lords,  lioe  heitrby  v(x;on%4neud  lo  (\te  gover- 
nor of  the  cnatle  of  Kdiiihnrtfh  nher**  ibf  »*»4 
Nnvill  Pai.uei^  j  uid  in  ab^^ 

I  tovt-rnor  Ihcv  and  uan 


'  ner  of  May  except  his  keeper 
'  ^ftui  and  (ibiiiitliin^  when  aJIou 


.TfiT]       STATE  TRIALS,  33  Charlbs  U,  l6n.^$prtuU  and  FergVMon.       [758 

ftndtlmt  }^m9 


Mon  t<»  ^e  Gryiu««  )iWU<y)f  and  in  the  torlur 
karfg  Jgwyed  ^V  yet  ttat  could  Dot  iiifere 

^Mm  wJbiidmX'^  i  ut'  tbo  iiannall,   since 

1K>1!B«&*8  owix  |fr.4  kriidoiottsiMM  4kitii  obstiDiicie 

-flfiedcDtcoirefiiMinit  h  Ith  liiiii  c?%ecf)t  ]k]a  keeper^ 
md  afeo  pli  hen  al- 
lofved  b)  iUi-  hes  fur- 
ther pkiAsiii'e.^ (.Sit^^Mi;.  ^     llAiuiiloun   P, 

Cmtunl,  Errol»  8t«ir,  Raitht  t'ardr*i«s. 

Camiicjfeaet,  C\  Cain^ibcU,  A.  Muiruy. 

ITiiTno  HTtst  vol  jm.  ITI,  172,  Ediiih. 
«•  nf  York's  be- 

hftv  I  irid{What  be 

sa^s  nti  tin;  subjeti,  I'*  a  ntosl  ^trikiug*  jflautm- 
tion  of  the  truth  of  Mr.  Laing^s  remark  cittd  in 
a  note  to  vol.  8,  p.  135,  of  this  Collection)  after 
siivmir  ^mt  "  his  IreatmeDt  of  the  enthusmstft 
t»:  tinewhat  riyjorous  ;"  adds,   *vlt  is 

^ei  •  it  thnt  he  sometintf  s  a-ssistod  at  the 

|ton  »nj  til  criminals,  and  looked  on  with  triin- 
^pDHt^  aM  if  he  wtTc  cunsiilt-Tinpr  soroe  curious 
^Ijienment.''  In  the  note  he  rete«  to  1  BurDet 
583   (see  the  passujife   quoted   vol.  6,  p.  1922) 
ftnd  In  2  VViidmw,  I6"j,  He  says,  '*  this  last  au- 
thor^ who  L2i  much  the  httler  authnni}',  ni^n- 
pn  only  one  histance,   that  of  Spreul,  which 
to  have  been  an  extraordinary  OfH^"     i 
f  I  »m  in  doubt  what  is  ht^re  meant  by 
dinary  instJincc , '  *    M  v.  Liiin^^ *s  ol>ser' 

_^lpon  this  matter  is  valuable,  und  exhi- 

tm  euriouii  instance  of  the  disiiigenuousnes^s 
Ol'sir  John  Dalrymple, 
^H^*  Hurne  considci's  Spreulc's  as  an   extraor- 
^■ani,'  ca*ie.    He  was  examined  on  the  ordi- 
^fry  questio'is — was  Sharp's  death  mnrrfer? 
5cc.  and  on  an  imao^inary  plot  ta  blow  up  the 
palace  together  with  tlie  duke.     Uulry  mplein- 
foTtns  us  that  Wodrovv  had  ^iiitd  rredit  by 
vppeahnif  to  the  council  records,  which  be,  sir 
Jo&n,  had  examined,  but  found  no  rpason  for 
the  imputation  that  the  duke  attended  when 
was  torturt'd.     In  the  first  place,  al- 
iri         i  the  acts  of  council,  in  which  its  pro- 
■kdiug^were  never  inserted, are  still  preserved, 
^B  council  records  from  1r578  to  August  liWz^ 
^Bofili  inspected  by  Wodrow,  have  been  anibis* 
Hpfrom  the  public  offices  above  fourwrore  years. 
^Kondly,  Wodrow  does  not  appeal  to  the  coun- 
cil record,  hut  to  the  more  unsuspicious  testi- 
mony of  Spreule  himself^  who  was  aliFe  when 
he  wrote.     Tlie  council  record  is  transcribed 
by  ^Vadrow ;  but  as  the  duke's  attendance  was 
Toluntar}'^  bis  name  is  not  inserted  in  the  com- 
iDittee  appointed  to  Buperinteud  the  torture*" 

In  this  place  it  may  be  excusable  to  resume 
the  topic  of  Burnet's  veracity,  in  proof  of  which 
I  hare  just  now  fallen  upon  a  remarkable  tcs. 
timooy.  Tlie  bishop  (See  vol.  5^  p.  1501)  and 
after  6im  ftlr.  Laing^  (see  vol.  6,  p.  1371,)  re- 
late, that  the  conviction  of  the  marquis  of  Ar- 
^yle  was  produced  by  a  base  peHidiou!^  com- 
OKinicalMio  bv  >Io«k  of  aonie  iettera  written  to 
h iiu  by  Atgy  fe .  31r .  Lain^  (note  1 , )  a t  the  end 
of  the  fburui  volume  of  bis  Hii»tory,  asnerts 
llw  tnilk  of  thia  §Kt,  and  in  refutation  of  an 


ahould  be  of  advaniiMfe  lo  him^ 
tiotonty  to  tnak     ' 
was  a  way  to  t* : 


objection  which  had  l»eeD  made  in  the  Biogra- 
jilua  to  tlic  titofemenL,  he  corroborau/s  the  re- 
ference to  Uarnet  by  otlu^ni,  and  thini  adds  tlte  | 
tet^timony  iu  favour  of  Burnet  h  hich  1  tiav«  ^ 
transcribotl  iiituthis  \\oik*    Hce  vol.  0,  p.  U^*t»  | 

8inct'  the  f mblicsinon  of  Mr,  Lt^iui^'d  Hiitor^^ 
Mr,  RofcL'  has  in  liis  "  Observaiiuut  on  Mr. 
Fox's  Historical  Work,'*  ob|ected  to  the  evi- 
dence of  Mouk's  base  tnlerpoe<iuon  again*:i  Ar- 
gyle.  It  is  always  curious  and  1  think  al- 
ways useful.,  to  shew  how^ihe  truth  will  esmpe,  j 
tlie  most  sagacious  minds  which  arc  disposed  4 
to  rely  too  much  on  spi^eulalive  urs^uments  in 
contradioiion  to  testiuionv-  I  iherefoit?  insert 
the  whole  which  iMr,  Uoec  trtn^es,  and  then 
subjoin  ik  most  indi:3putable  proof  that  bUbup 
Burnet's  reprcaeiilalion  is  not  liilse. 

The  following'  are  Mr.  Rosens  reasonjug^ 
and  cvideuctfs : 

Charge  aoainst  Monil  of  HAViiio  Ptrii?4i5iffiD 

Evf|?EJJCE     FOa     THE   Co^VlCTION    OF    THE 

MaKUUIS    or    ARfTTLE. 

"  On  considc)  inir  the  evidence  accessible  to 
every  one,  when   Mr,   Fox   wn»te,  respectiii^ 
the. share  xMouk  is  represented  to  have  had  in  tho 
death  of  the  marquis  of  Argyle,  it  wdl  be  found . 
thai  the  char|^  ajraiust  Ijiiu  for  so  in  famous  ua  j 
»ct  resteil,  as  has  been  obiierved,  on  the  asscTtion  1 
of  bi-ijiop  Burnet,  which  appears  to  have  het^n  4 
satisfactorily  refuted  by  doctor  Campl>ell,  wlio, 
uot^vithstanding   hitj   political   principles,   was  | 
most  zealously  attacheil  t(j  the  fanuly  of  Ar-;  | 
y:y\i\    In  hi»i  Lives  of  the  Admirals,  he  states,  iii  j 
contradiction  to  thr  ht«ihop,  that  the  fact  cannot  1 
be  true;  in  support  of  uliich  he  adduec«t  rea- 
sons, rei'ei  riojf  to  prmd's  not  only  of  iHook*8  in- 
nocence as  to  that  charffe,  but  of  his  being  an 
advocate  for  mercy  even  to  tlic  regicides-:  ami 
fortlier  arjjunicnti*,    ^>ith   refereuce  to  autho- 
rities, are  adduced  by  the  same  author,  in  the  j 
article  of  Cnmpbell  (Art- hi  bald)  marquis  or  Ar-  ' 
s^yle,  in  the  Biug^rapjiiu  Britanmca,  ^  firufe 
the  falsehood  of  the  change. 

*♦  Wodrow,  an  historian  zealously  a^.icbed  to 
the  Presbyteriaji  cans<%  m  ho  lived  soon  after 
the  event,  and  was  remarkably  tnduHirious  in 
searching  records,  and  collectinti;  anecdotes, 
especially  such  as  affectc<l  li*aden>  in  ihiit  party, 
is  entirely  silent  on  the  pomt.  Tht:  reliance, 
however/  placed  by  Mr.  Fox  on  this  anecdote 
appeared  to  call  for  a  tiu'iher  attentive  inve*- 
lig:aiiou,  in  order  to  asoertain  the  truth  or  IuIm;- 
hood  of  it.  Without  renting:,  therefore,  on  tha  ' 
imlustry  which  had  been  apphtnl  formerly,  a 
diligent  search  was  tirst  made  amougiit  the  re- 
eoma  of  the  parhament,  the  oouucil,  and  tho 
Justiciary  in  Sc4>tland,  to  discover  whether  any  < 
trace  of*  the  ^ct  alledi^red  could  be  met  with  ia 
the  proceeding  on  the  trial  of  tkip  u^t|im : 


TSgj  STATE  TRIALS,  55  CiiAntB$  If.  Hiu^t^r0citdwg9  ageinsi         [7*1 

ubicli   w»uld  be  cxtrcmelie  prEJii4id«ll>  both 
to  the  interest  of  the  commonwealth  m  the 


I 


rlhMroirerie  of  t*rjm€s;,  and  lo  tht   suiils  a  nil 
oonscifiKX^  of  cryromaU  b  deoying  obstinatlie 

fcut  a  ch«$m  m  those  periodi  rendered  that 
•much  inttTeotual  Recoorse  was  next  bid  lo 
m  collection  of  g(1  the  pubUeationjf  during  the 
civil  WHr»  and  some  yean  after  the  rcitonition^ 
mip posed  to  be  complete ;  several  of  tbetn 
written  after  lUe  death  of  the  marqui*,  and 
•ottie  by  penfoos  dcFotcd  to  ht«  mcuiory  ; 
giTiog  accounts  of  wJiat  waa  most  interesting 
resj>©cting"  him,  and  of  uhat  pasted  at  hia  trial, 
ana  to  his  iatest  monaeotj :  in  no  one  of  which 
k  tliet'e  die  remolivt  alhision  to  papei^  of  any 
•on  having-  been  read,  previously  to  passing 
•eoiewce  on  lam,  in  ag^Tavalion  o?his  offence, 
**  No  lietter  succesji  attended  a  most  diligent 
««arch  in  a  collection  oj'lhe  books  and  pamph- 
let*, J  printed  in  ti»e  re»(,''ijs  of  king  Charles  the 
first  Aodsoeoud,  pi-c?^entetl  by  his  Majesty  to  tlie 
Britiiih  Museum,  in  which  there  oi-c  no  less 
thtto  Mrven  diiferent  traeu  respecting^  the  trial 
and  execution  of  the  marquiii,  puhlished  in 
Lonilon  and  F  •  r  itJGl;  one  intitaled 
the  laift  proi  lum,  •  cuntainiag^, 

*  inttr  ttliuy  ^  .^.... *..^,  in  ivhich   he  ex- 

*  pre»Kty   dent«  s    having^   hud  any  epi^talury 

*  mt^^fcourse  whh  Cromwell,  or  "any  of  that 

*  iiec tt\ ri  oiii*  a rmy . ' 

*'Tht  inqnirv,  liou'ever,  did  not  end  there* 
Thuria  fmvin^  been  rpferrf?d  to 

in  the  l:  uuifra  on  the  fmhject,  an 

^Jtamiuatioii  \v,i^  uiude  thmn^h  thot  vohiin)> 
nou«  collection,  %»ht* her  there  had  Ijeen  any 
communination  between  tlie  manpii*  ot  Ar^yfe 
and  >Jonk  ;  but  nothing'  of  the  sort  eonbrbe 
found:  on  the  confmry,  there  is,  iM^sidtgthe 
ni*sjjag>x  referred  to  in  the  [iioi|raphiii,  the 
headij  of  a  ili*.couric  btuvtpu  ihr  r\jl«'<l  kiny 
*md  Don  John  ofAuHtnn^  r.n  the  mnxt*  of  Scot- 
laiitl  irj  (f]*r  (  ,t,I  .,r  tn  ,rs  which  uiViml  ^In^ii^: 
that  no  coniidentiul 
\c\i  high  iuipurtance  to 
the  ^¥  I  iter  us  thW  olhided  to,  were  written  by 
llie  man^uiii. 

♦*  Skinner,  chaplain  to  Monk,  in  his  Ltfc  oflho 
G^n<*ral,  who  would  not  hure  ventured  to  niiiko 

*  '    '  i  t ion,  at  a  lime  w]»eu  the  means  of 

*  4  i^  were  in  the  hands oi  every  '>nr» 
M»  ^»»'l#t?  i'»  account  of  the  Triul  of  tht- Itc^i- 
fjdcf,  nays,  *  In  the  number  of  the  cormnw* 

*  sionef^,    the  iluke   of  Allicmnrle  wns  *«ne ; 

*  Vf  JicK^in  he  gave  tiie  wrttbi  one  ni  the  gteat- 

*  I»t   instruct »  ^.f  his    n  /Nr-^n.ni.i,  .    i\.,'    ih>M;rHl 

he  knew  more  of  tl  ,  ^<,t' 

ibe^e  crjminak  than  I .  j      ii  on 

the  bench,  auil  some  o*   to  tin  ttad  t>een  his 

eafefii  and  uioiit  inveterate  enemief^,  yet  h»? 

rafaicd  nothing  against  ihem;   hit  left 

[n  to  a  fair  trial,  and  the  nneihodH  ol  iheir 

wn  defence ;  when  he  could   have  offered 

natter  ajrainat  som*?  et'them  thtit  would  have 

:    and,  by  a  Rt-neroua 

litSj  he  had  ft-  little  be* 

V  vt  m  Ailbtir  lliM«ki(^, 


I 


thtr  accession,  nor  doea  the  lort^ir 
lavre  any  more  then  a presumpliofi  iff  inMiacia, 
*  et  ndu'mbratuin  rentatfsi  wpetacm  ;'  IM  tail 
i^  th»e  in  hiwe  presumptions  cane  be  takiB  «f 


'and  afterwtinb  procured  bis  estate a^lj 

*  owning  a  promise  made  to  bini»  when  tboe 

*  was  nu  man  amoDg  them  all  uho  had  men 

*  malieioualy  cx|»oeedor  trsulitotft  htm/ 

•*  In  ord«r,  however,  to  le^re  im»  source  of  ia- 
formaiion  notriedi  recourse  was  hftd,kBrt  of  afl, 
to  the  uevvspapers  of  the  tiine^  in  whibb  Mfti- 
cular  accounts  of  the  proceedisigii  an  thenlsf 
the  marqCiis  at  Edtnbar|;rh  were  ghrcti  Iran 
day  to  day  ;  but  not  a  »ylTable  of  the  preteaM 
eommunicaLion  made  by  Monk  uilo  be  tmadm 
tliem.  It  is  hardly  possible  lo  oonoeive  tbil 
strong-er  evidence  could  be  found  in  any  eaei  to 
eatabubh  ant'iritive,  than  I  a  herr  prodnccd  Is 
pi^ve  the  '  '  '  rd  the  hi  ""g*. 

Ueraustd.  lies t%  that  bed 

inf bnof d  hiuiicii  lu i ly  on  i i  ' oioM 

have  beeu  ituluced  to  for^^  cmi- 

deni nation  of  Monk,  and  the  cou!ic|ii€m  lefm 
censure  upon  him/^ 

And  in  his  Appendix,  5Ir.  Rose  iosetii  lli 
folio ivin^  Articles : 

Reputation  of  Bp-  Burnet's  Charcje  a^wmt 
iMonk,  thai  " 
ter»  of  the 
which    led   u*   (u>  i^oriiHuuiauoti        i 

the  Biog^rt  phia  Britannicn. 

**  It  11*  very  clear,  that  what 
relaleM,  concerning  the  transit 
timesi  he  mast  have  reeri^ttl  tjuui  nili*? 
[)efiplc,  and  that  scleral  years  after  ;  f«r  at  lU 
tune  of  the  mitrnui^  of  Art;^yle*s  death «  he  rootd 
not  be  much  abo^e  vij^htcen  ycurs  old  ;  its 
need  not  wonder,  therefoi^,  tliat  ig  tlie  eir- 
cniusUnces  reluiinsr  to  great  events,  bcfiifv 
those  tin!t!»,  in  whicli  he  *»'■«"  » »  Uum-  i  «|i^fv 
in  huNinei.s,  he  nii^ht  be  j  if-'. 

is  all,  tliut  either  is  or  ou^   \  :  nkii 

fur,  00  this  occasion.     After  pTin|r  us  an  so- 
count  of  a  very  learned  8i»ecch    pn  p5irr<1  bv 
the  call  of  Loudf^u,  aud  which' 
us,  was  fipokeu  by  huu  in  just.  li. 

marquis,    the    bishop    procteilj*    iliui*;    *  bat 

*  whdc  ii  wa«i  very  doubtfuK  how  it  would  bart 
Vgoiic,  I^lo.jk  by  an  iotx   i        "     ^ 

*  bearc  bed  amory;  his  ki i 

*  that  wcte  writ  by   A^J>J^l«J  iit   hm. 

*  were  hearty  and  /calcuH  un  their  tn 
'  he  sent  donn  ♦"  s,r.ii,fMi       ImJ 

*■  were  read  in  [ 

*  tended,  that  1;  , 

*  extorletl   from    him.     Everj-    btwi 

*  Mouk  for  seiKlfrij;'^  ihfsc  do\Vfi,  >.! 

*  betf»lvingthe■ 
*  in.     'riiry  %vi 

^  to  the  earl  ot  .UtU  ■ 

*  waseii^l^ed  in  tli, 

*  the    leUeri    to    be  rtnti.     J  his 

^  blatiied  as  contrary  to  the  tawy 
I  *  eiflee  probatiou  was'cl^ed  »a  both  ^mtt,  iiui 


STATE  TRIALS,  33  Charles  IL  l6%l.^SpreuU  and  Fergmon.       [76f 


b]f  etcmr  (mibatiim   *  et  cedit  presuinptio  ?eri- 

*  lAtis,*  sa  Ihat  by  iliesaifie  c<]D4e<pience  tortor 
can  l>e  tuken  oil  by  a  clear  probation «  as  pre- 
•umptions  c&n  be,  and  judges  aod  mag^stmts, 

*  the  readinj^  of  tbem  silenc^  all  larther  de* 

*  bate.     All  his  frienrjs  went  oat :  aod  he  was 

*  coodtitnnt^d  as  lariiilly  of  treason.     The  mnr- 

*  qui«  of  Oilcmtroae  only  refused  li>  vote,     fie 

*  owned  he  bad  too  much  resentment  to  judsr^ 

*  iQ  that  matter.     It  was  dosii^aed  be  shoiiid  be 

*  bsD^^ed  as  the  maitiui^  of  Montrose  bad  been ; 

*  but  it  wasearrkd,  that  heslioidd  bebeheadeil, 

*  and  ibat  his  bead  sboidd  beset  up  where  lord 

*  Montrose's  bad  l)cen  set/  It  is  evident  from 
lieiiGe,  that  if  our  amhor*i  accoiiut  of  tbc 
matter  be  right,  the  marquis  of  Arg^^Ie  bad 
BOthiu^  to  coroolairi  of,  for  these  letters  sent 
dowtiby  Jlonkiixed  the  fact  so  fully  uj>oii  Uim^ 
ttial  even  his  friends  gave  up  hh  defence,  and 
tritbdrew.  Uat  the  marrjuts,  when  be  receiv  ed 
■Mfence,  ns  well  a**  in  the  who|e  ronrse  of  his 
iMeiioe,  iusi^ed,  that  he  bad  complied  no  far- 
ther thai*  other  people  bad  done  who  were 
tU^D  hi^  judgeti ;  and  the  same  thing-  he  says  iti 
hit  speech  ;  and  beuce  it  is«  that  I  m\\  apt  to 
believe,  thn  it  here  ia  some  mistake  or  misap- 

Srcbension   in  this  matter  ;  and  that  though 
lonk  miijht  ^?e  his  assistance  to  ruin  a  man 
^^0!«^ubiiitieii  he  might  tear,  and  whose  m- 
^Hence    be    very    wtW    knew  ;   yet    he  nei- 
^■^  sent  down  any  such  letter^  nor  had  any 
^■jfeli  to  send  j  and  in  support  of  this  opinion,  I 
^mll  offer  my  reasons,  and  draw  them  into  the 
tiUTQWcst  compass  possible.     (.  This  mutter 
Wfts  very  narrowly  looked  into  at  the  time  it 
liaippened  ;  has  been  very  carefully  reviewed 
and  accounts  of  it  have  been   given  by 
of  opposite  sentiments  ;  yet  none  of 
5  mention  Monk^s  letters.     The  great  mi- 
Ditten  of  those  times,  and  those  who  were 
decpert  ID  the  taking   the  mari|uis^s  life,  re- 
eved, a»  lar  as  they  were  able,  all  the  minute!^ 
filing  to  his  process,  which  they  would  not 
b^e  done,  had  he  been  convicted  on  the  tes* 
i>ny  ot'ihe^e  Inters,  l>ecaufle,  the  recordinc" 
had  justtfieil    their  proceedings.  ^    AD 
.^Jlcndio^  to  JHstity  \hi:  bnogin;^  the  mar- 
I  to  n  triai  ;  condennning  and  puttiof^  blm 
were  €an?fu)ly  p^ublished   in  Eng- 
1,  as  bishop  Ken  net  shows  very  largely  ; 
but    nothing'    is    said  of   these   letters.     8ir 
G«orge  Mackenzie  ^vrote  a  vindication  of  the 
gmernmem  of  king  Charles  2,  in  Scotland,  in 
which  he  passes  over  entirely  thb  wholetrans- 
^^lofi,  whtch  surely  be  would  not  have  done, 
fit  could  Imve  been  so  ea*iily  vindicated,  as 
Mo^  th«e    letters^     Mr.  Wodrow 
i'\  thin^  he  could  meet  with  re- 
LcsSt  and  has  preserved  the 
neases  that  proved  the  mar- 
.,,r....,v%    but   he  says  nothing  of 
tlonk**  Icttctn,  neither  is  there  a  syllable  of 
tbi<in  in   the  Siute  Trtnk     *'\f  t^nt   «be  trao- 
f  this  passage  Ti  -l     U, 

ns  to  b«  incousjsi^  r  part  of 

bisbopV  ^wo  acdtiint ;  fvr  b«  sdT«,  die 


beiogf  obleidged  and  forced  for  the  pubHek  gond 
to  putt  penons  suBpect  of  g'uilt  to  tortor,  hbwe 
soon  they  are  apiirehendit  for  preventing 
farder  danger.     If  tliis  tortor  be  way  of  inqm- 

king  instructed  his  commisi^ioner  not  to  pro- 
ceed to  sentence,  or  at  least  to  execution, 
till  he  had  reviewed  the  proceedings  ;  for 
which  there  liad  been  no  occasion  if  the  king 
had  known  any  thing  of  these  bttersi  since 
what  satistied  tlie  marquis's  friends  as  to  hit* 
giiilt,  would  undoubtedly  have  satis6ed  bis 
majesty  also  upon  that  subject*  11 F,  There  are 
some  eircunistances  in  the  account  this  prelate 
g-ifcs  of  the  mar*piis,  which  may  easily  in- 
duce us  to  believe,  that  be  naif  ht  be  misled  i» 
re*T:anl  to  his  story.  As  for  instance,  be  meti- 
lions  hU  being  upon  ill  terms  with  his  son  Iwrd 
l^rne*,  and  having  actually  had  thoughts  of 
disinheriting  him.  Under  the  usurpation,  it 
was  necessary  for  the  marquis  to  dischiiin 
the  conduct  oYlord  l^rne  for  his  own  salety 
and  preservation  ;  but  this  never  deceived  the 
people  in  power;  and  therefore  it  is  strange, 
that  it  should  impose  upon  the  bishop.  In  the 
marquis's  advice  to  his  son  and  to  the  rest  of 
his  cliildreu,  there  is  nothing  that  looks  that 
way;  and  in  tHenext  article,  we  shall  sr^,  that 
lortl  Lome's  zCal  fitr  his  father,  had  like  to 
have  cost  him  his  otvn  lite,  as  the  marquis';i 
coming  to  Ix^udon  on  his  son*s  letter,  actttally 
cost  him  his.  Tlie  bishop  speaks  of  nti 
attempt  made  by  the  marijuis  to  make  his 
escape  out  of  the  castle  ;  but  he  says,  ihnt 
fearing  it  might  hasten  his  execufion,  Itis 
hfQi  t  failed  him.  It  is  not  easy  hi  conceive 
how  this  can  be  reconciled  to  the  story  of  , 
IVIciuk's  lelterst  Before  they  came,  the  bisliop 
ielb  us  the  afl'air  was  very  duubtfiil,  and  in 
such  a  situation,  it  is  not  probiiUe  the  marquis 
would  attempt  an  escape.  After  sentence  was 
passetl  he  never  was  in  the  castle,  and  conse* 
qitently  could  harp  no  opfiortunity  of  escaping 
from  thence.  It  js  howevtr  true,  that  he  really 
intentlcd  an  escape  fWm  llic  castle,  aod  was 
once  in  compleif;  di>guise  for  that  purpose,  but 
laid  aside  his  ilejiitju,  lK>cause  he  wotild  not 
desert  the  sentiments  which  he  had  espoused. 
He  chose  rather  to  die  likt*  an  honest  man, 
than  to  draw  an  imputation  of  guilt  upon 
his  character  by  flight ;  but  )m  conduct  would 
have  been  absurd,  if  his  letters  to  Monk  had 
proved  him  already  giulty,  or  even  if  he  knew 
such  Ittlers  had  been  in  Monk's  power.  The 
bishop  says  ejtpnis^sly,  that  the  marquis  wrote 
bis  letter  to  the  king  the  Ai\y  before  Ills  eace- 
cuiion  ;  the  ktter  itself  shews,  that  the  mar- 
quis wroie  it  thut  very  day.  It  seeius  ther^< 
fore  posj^ible,  that  Bishop  havtnnr  ibis  ac- 
count from  si*me  good  hand,  in  his  opinion, 
might  set  it  down  without  considering  tt  very 
cai'cfti  1 1  y .  IV.  \ V e  hn v e  m any  I h i n*^ j*  sa i d  by 
Clarendon  and  Echo  id  of  the  marqui$-s  cor- 
respondence''    ")th    C'rivin"#.|l    rinil    mu*    Hcnrj 

Vane,  thon  <  d  us  atiy  . 

proot^i.      < »  t(ick«  and 

o»bor  writeri  on  UiAt  ndc»  ffij^  buD  quite  an«* 


STATE  TRIALS,  33CharL£s1L  iS^l.^Ptweikigt  agttmMt 


I 


mtioii  flhf>okl  i>reclM€l  all  fature  prolAtioii,  llicti 

it  li^hoovcU  iieccssfti'lia  to  lollovi'e  tUat  eiUi«r 

lliowagiftnki  shoifl4  be  forced  to  leave  cryines 

*    by  not   putting'  persons  suspect 

tlwr  ekarBcter,  and  represent  bitn  as  a  peraoa 
iiiwijs  susu«ctcd  and  dre<ide«).  We  Unve  M' 
Uleyaai's  had  great  disoovertes  roade  of  the 
corrasi^denoeiiiider  Crofuwell'fi  government ; 
all  which  dearly  pmves  that  the  marqub  of 
Ar^'te  waf  never  coDsiilercd  in  any  otlter  Ifgbt 
than  iliat  of  a  conceakd  royalist,  as  bis  son^ 
the  toiti  Lorfie^  waa  a  declart^d  one.  There 
is  a  Itftterof  his  to  l<iiJif  Charles  2,  wliicb  I 
liave  seen^  and  is  now  in  prints  that  proves  be 
bad  a  (fn^at  oofrei.pondence  witb  king  Cbarles 
1  ^  and  in  wbicb  he  tells  the  kingf^  ibat  no 
body  eonld  restore  htm  bot  the  Prcabyterians ; 
^bicb  the  kinf|['  afterwards  found  to  be  troe, 
V,  Lastly,  It  is  ao  far  from  beiii^  a  fact, 
that  be  bad  any  close  connection  with  Monk 
in  the  t Management  of  afTairs,  while  be  go- 
reined  Heoiland,  tbot  I  am  able  to  prove  be  was 
hit  moftal  enemy,  and  represented  bim  in  the 
lulflcleiat  (joUmni  to  both  the  prouectors.  He 
accused  him  to  t^Hiver  as  not  desei-vio^  the 
money  that  nas  paid  bim  as  a  debt  for 
tiiainiainin<;:  the  Scots  troops  in  Ireland  upon 
the  cre<bt  of  the  public  faitb  -  and  the  follow- 
ini^Wtk'i'  will  fully  sbew,  that  be  did  not  con- 
sider his  goitig*  up  to  Richard's  parliament  as 
^  compbance  with  that  ^o\  emment,  btit  aa  an 
cntleafour  to  overturn  it.  Tbis  letter  is  di- 
rected to  Tbnrbje,  and  rum  I  bus  : 

*-My  Lord  ; 

My  lord  keei>er  and  myself  have  done  our 
it  tn  f^-et  tliose  men  cbospu  )  ou  bftve  wrote 

;  but  my  lordiif  Ar^^yle  and  some  others 

*  whom  my  lord  ktvper  i^lllacfiuajulyou  with, 

*  have  entit-avotn-fd  all  ihey  can  to  g^et  all 
JfJf'olchmca  chosen.     But,  !  doubt  not,    but 

ere  will  be  three  cbcscn  of  those  five  you 
at  the  names  of;  and  1  have  taken  nue, 
tat  as  many  as  come  out  of  this  country, 
rail  be  there  with  the  first  :  and  if  the  wrfts 
which  I  hope  ihev  will,  they 
'  to  Dr.  I'larjjes.  iTbe  murtjuis 
If  endeavours  to  be  chosen, 
hp  is  sheriif  of  Ai*g*vlcshire  ; 
IKS  he  will  do  his  hii»huess*s 
sTiuv  L  :  i;;  ^     il ;  but  whcu  my  lord  keeper 
comes  up,  he  shall  acquaint  you  wiib   the 
biisioeiis.     Which  is  atl  Jii  present  from 
Your  lordship's  very  bumble  serf  ant, 
*  Oi;irmot  Monck/ 
^  IhtkeUh,  Dec,  30,  !<558/ 

I  Dr  CampheWi  Lhu  af  (he  Admirals. 

'*  Bui  ihi  bishop  is  not  eoutent  with  barely 
ehurafi  is  noWe  person,  he  cbarijes 

UimvviK  iaiin^  erimes  ;  which  ns  they 

relate  tu  4be  moi^t  eminent  actions  of  his  life, 
weshall  briefly  consider.  The  first  is  the  imn- 
*Ier  of  the  marf)ms  af  Ari^Ie.  This  nobleman 
wa«.  (fuestiuaed  before  the  parhament  of  8cot- 
pdy  for  c^tcurrii^  vrith  ib«  lite  rebellious 


to  the  torlor*  or  shottld 
oalki  and  sut)cM  ifinti 
and  i^De  louse  ■ 
iti^lhe  future 


r>mp  in  itmc,  w  1 
*«f  A,. 


powers.     He  pleailed,  that   he  cocnpht^  villi 
ibemoalVf  and  madea  vary  strtvng^  d^^lntwt 
but  the  bWliup  says  that  Mocik,  h^ivincr  9^^m4 
tetters  of  bis,   wbidi  fuTl. 
cliofttious  as  well  aa  his 
prevailiniL!' psnrty  ;  be  sent  tu*  ^mth 

wam  read  in  parliatueDt,  mod  I  tch^ 

private  friendsbip  be  brought  tbt^  v^^^i  ^um  u^lbi 
block.  Now  to  this  1  say,  I  bat  thefaetcfft* 
not  be  ti'ue  6>r  many  reasons; ;  1  ahall  Dientioi 
only  a  iew.  First,  the  marquis  in  bin  dwftiiiff 
complains,  that  be  was  surprtxed  ioitobiii| 
praseni  at  Uliver^ii  proclatnatioo  aa  protcdot^ 
by  g'eueral  Plonk's  sending  for  hitn  lo  iht 
council,  witbotit  letting  bim  know  wtiot  «» 
to  be  done.  Would  ue  have  rf»tfiplafii«i&  af 
tills,  and  have  passed  by  the;  hi  ^«<omU 

not  this  complaint  have  been  r i  Uitia 

had  been  any  such  letters?  Nii'otui^—Tla 
marquis  died  with  an  ajipeal  to  God  fur  thesis- 
tf'erity  of  his  defence,  and  wrote  a  letter  t«t  llr 
king-,  nltirm;ng^  the  same  tbtnt;,  a  copy  of  Mrliich 
I  have  seen.  Would  so  wise  -•  "»*  •  !»tbe 
marquis  certainly   was,  have  <i  t,  • 

Buniet  say  s,  hiH  own  letters  haii  ^  !>b'> 

so  plain,  that  bisfjiends  had  r 
Third, — Tbi«  does  not  at  all  ago 
character.     He  was  an  advocate  tor  iiit^ruv  w 
the  regicides  in  the  House   of  Lords :  hf  rrv, 
iitlent  00  the  bench  at  the  Old    Lkn' 
commisaioneil  ti>  try  i h^'iu  ;  and ,  wlu 
more  to  the  purpose,  be  saved  sir  AnUuf  Alto 
Icriif^s  bfe  and  estate,  (tlie  bitterest  penooal 
enemy  he  bad  in  the  world)  by  owt; 
mi§e  to  bim,  whteh  sinue  say  lie  n» 
Hi  is  seems  to  sbew^  him  of  no  I>etni 
Fourth,— There  was  no  ooeasH>n  f*^' 
write  any  such  lett*?rs,  for  Moi«l  tu 
Kn<;>laud  ailer  Oliver  btn^ame  i* 
k  burd  to  tntdcrstauti,  why  the  m 
uppty  to  bim  in  Scotland,  when  he  <:vujii  m 
cAsily  have  uudienec  of  Cromwell  in  LaniKii 
vviiere  be  often  was.     FUUi. — But  the  tbaog 
is  now  out  of  floubt ;    for  by  the   ptbliralMRi 
of  Tburloe's  papers  it  appears,  t!  ;  tmir 

eonsidereil  the  marquis  in  this  1  <  _  t -i^ 

reiiresented  bim  as  a  secret  tricnU  lo  itw  Ma^ 
and  an  active  enemy  to  the  protector^  gwmo* 
ment/' 

In  direr t  and  complete  cootradiatiofi  to  aD 
this,  Kir  Oeor^  Mackei:2ie,  who  had  iMft 
one  of  the  procnratoi's  fo\  the  maniiii^  of  A>* 
gyle,  (see  the  Lifi  a-ojEit 

prettxcd  to  his  Wor«,         ,  f-aw? 

and  Customs  of  BooliiMid  in  [Vtr 
Part  2,    Tit,   35.  SL    3.)   "    i  i 
Arg'yie  uas  convicteii  of  ticsisoii   <i 
writteti  by  bim  to  gamml  Monk, 
ters  being  onlv  subscribed  by   bim  and  aft 
holography  and  the  aobacrlption  haviiw  bM 
proved 'j)or  comparatiaQem  ittenram'^wltkti 


STATE  TRIALS,  33  Ch  AttES  Il>  ve^i.^^rcylt  jmrf  IWgfiHfH,       £TBS 


i  ckmr 


u  pre- 

•JlW    Ct^tf^li    <i<*uU,    HHll    ItOHC 

woiiiil  it  he  io  tiic  romnwin  in- 
rjdacc,  to  »c«  Uimni>  A 

TfciH  fitr  ^Tf  the?  Mri  »T 

iise  he 

tkn  y  • 

lie  \M^^ 

KTor.      IV  iiL't  ja  maDy 

Mid  woiiW  be  terapteJl 

'  hjrilo-  M'VMiii*',  so  ot)  the  other  hand 

'  iW  «x>crmioii  weiihti,   in  'jfcm^mlj,  nor 

lEiAn  tri   pitrti«iitai,    could  stidei* 

ntiir  hurt  liy  ihe  misiiion,  bid  dmin 

biiiff>iM'*(  »dvo(  ut«  v«'nich  usserts  ooly^ 

fiui  I  I  to  a  trv«H,  efler  torlor 

',     nr    jiietiumpdoDs, 

111  1«-'  coulesses,  are 


«tie  litcfraruni*  is  but  a  |  n,  and 

'       k'-^  and  ensily  imitated, 

liffrr  from  Ttseli'  at  se- 


Uf^Ijsm'^',  ^ho  hrul  in  hti!  Hhtory  noticed 
li«Ua^  itiou  tif  iVir. 

wmtn  M  Uuii^ii  to  pre* 

in  bistory  uf  a 


r 


xl  lliaiulikj 


KIT  uk  trr 

^  i»,«»nt3irr 

'  of  1) 


lioul  ruioed 

isigftctof  ^ottiicil 

t^iits  wtf«  the  or* 

I 'J   iiiottent  rdatin^  to 

^t  tbtT«  in  imw  n  new 

uibkitm,  wbichivill  bi* 

ipose  Mid  tntcmtfbre' 

I  ^  '^  pnvy  couiKiil 

hei)    any  periuo 

'      "        ir^,  Ihti 

II  fjud  to 

4    >Li    Miiil  ^viirLUteiil.^' 

■  :r 

[  majt^itit's  Itinfj^ 
rcl  lb)  ULH:brt% 
"Ml  evidence,  or 
to  \aw. 


kcwAtcv 

'■•we 


<he  torlor,  i 

%  ftl|t4ly;t!  to     I  I 

rlcar  substijtirnt  |ir(>^»uiu)ji, 

edo.  His  inajtf!itv*^^  advo<.*at  docM  Rs»eii  that 
tbe  (UOst  can  b<*  picadit  in  taw  upuii  ibut 
jijrrouhd^  is  Uiat  no  tumi  be  tried  upotj  the  prin- 
cipol  and  rhieflf  poynts  lor  nbi^ti  he  ivus  lor- 
tored.  But  &a  it  is  lliat  iIh?  pannnU  wa^  never 
lortored  a|»(in  tbe  mime  |M>>ut8  for  Mrliich  he  is 
no  we  to  be  tryed^  ibr  he  was  (Ueu  only  tortored 
upon  hi»  ucccsnoti  to  tbe kin  '  -  ■  i  , ica- 
lion ,  \m  eorrBBpondeiice  tt  i  n  . v  it K 

the  rebells  un  Holland  suU    .■  hiH 

being  in  aceession  to  the  keeping  ^tic 

out  of  the  proelatnation,   and  >!r. 

WeLsb  upon  that  account,  Wbei«  <fv%« 

ouly  tu  be  tryed  for  hia  being  tr  ^vith 

the  I'ebells  at  BothvrelbridjEinef  Uaqiitlon  tnttir, 
and  other  places  iu  and  alniut  that  place,  anil 
tvnie*  which  are  points  aJbsolutlje  different  from 
these  for  which  he  was  aubjecied  to  tortor. 

3o.  All  that  cane  be  pleadtt  in  such  a  case  is 
that  wber  a  t»er5on  tortored  denys  upon  the 
torlor  he  ought  not  thereafter  to  be  tryed  ^4^ 
lodem  capite.  Because  ther  by  a  deoyalJ  he 
clears  him^lf  and  tbe  judg-es,  but  this  paonalf 
would  nt^ver  dtfny  upon  the  tortor  tioraeknow* 
led^  tlie  judges,'  but  cOBlioited  io  Mie  ili»tt|ierw 
able  obsHtiacie. 

4to  Thr  r  could  be  no  nwemtf  Io  e^wnnine 
it;  itpori  his  acceswion  inerelie  ujwifi 

tl'i       I  I  and  Im«*  bt'in^al  BothwcHhnilsfe, 

and  tiie  piac^  aiijaf ent,  Vc^'iOfte  it  i»i  ofliricl 
to  be  proven  that  |ir<rviousHe  to  his  tortor  h» 
conf£«l  bsi  cry  me  clearlie  and  li^iidlie. 

Sir  C forte  Lc^ckhari  for  the  panDatl  dujpfyii, 
that  the  d*  fence  liumblie  offered  to  the  mrd-i 
ofjualiciury  in  belialf  of  the  pannall  is  in  itself 
io  unansuerablic  foundit  upon  the  cominou 
lawe»  tbe  lane  and  cuslomc  of  nati  t  the 

opinion  of  the  most  eminent  crimi  ;.iQf 

ami  the  practice  4j  ft  Iu;  mo«it  fainoii.?  t<iu.i.}iTlbi 
in  £uropc,  that  it  neither  is  nor  cane  be  deklii 
by  tbe  itrett  lu-,  <  insisted  ou  in  the  re|dy«  madft 
be  his  I '  ]  vocal  to  the  said  de&nce,  for 

imo.  1'  'utroverted,  but  if  the  atj<?u:*e^ 

in  a  crimtnaM  lybell,  of  whatever  nature  or  pur* 
port  the  .su.inc  be  of,  doc  only  make  tiMiof  n 
[irt:suinpttve  iirobation  without  sub^liug  tha 
jiantiall  to  tuttor,  the  bwe  in  that  cAjie  eomsi- 
ders  tbe  concourse  of  udrointcles  and  presump* 
tions  julduccd  be  tbe  accuser  and  ottered  in  be- 
half of  the  pannaiL  And  theo  the  rule  to  tAW« 
insiistcd  on  by  mv  lord  advocst  precedii  ihm 
*  presuRiplio  cetht  vcritati*  according  to  lb* 
pregTjancie  of  ibe  uthniuicles  or  pfcsutnptiooi 
ur^i_d  Hod  made  use  of  in  behalf  of  or  agaioal  tht 
p.inoall ;  but  vi  hen  the  accusar  in  criminal  fy- 
btfik,  nut  truiiting  to  any  probation  tbftt  b«  Is 
able  to  adduce  a^in9tlhep«nii%li|  dc^recurre 
lo  tittd  make  uio  of  tb«  extraordiiiAr3^ 


7fi7J  STATE  TRIALS,  33  Chari-bs  IK  mu-^Proaedin^i  itfotef 


ef  lortor«  a^  t/tcdium  exphrandi  et  indngundi  i 
^erittitaa^  iu  which  tortor,  as  Iwing^  that  which 
the  laue  lovks  ypon  to  b*^  rti/tv^iits^  and  hy 
which  llic*  iiUiocf4»t  is  ai»  oil  opprest  as  iioceney 
dtHco^ei^d,  in  that  case  Uie  conimun  principles 
oi"  law  e  wiU  inc  customes  oK  nutioiis  has  pro- 
ceedit  \uth  tliaC  e<[iiaUue  of  juslici?,  that  as  in 
Cfttse  am*  innocent  person  forccfl  hy  the  ejttre^ 
milie  and  %iolcncti  ot  the  tnrtor  to  conffsse  tlj** 
r.rvnn;  (jt4i(MJ\ed  to,  he  condemetl  upon  ittat 
C4>iitf?isitiu,  so  the  paritic  of  teosviu  and  the 
ti^ualiiiL"  ot  juijilicA^  does  absoluthc  requyre  tliat 

^  ii  the  person  subjected  to  tortor  *  p&tientia  sun 

I*  ficerit  vim  tornienturum  ahsolfendus  est  tion 
f^Bolum  nb  instantia  sed  etiam  a  criniiBe,'  and  the 
on  i^  most  evident^  because;  the  accuser  by 
uning'  to  that  extraordinary  and  subsifiiarie 
reinedi©  of  tortor,  does  place  the  wbolfi  vigror 
and  effect  of  the  affaire  upon  what  shall  be  the 
dTect  of  the  tortor,  and  that  whither  the  person 
suhjetieil  to  the  tortor  coufesse  the  crime  and 
be  cundenmed,  or  by  induTeing^tbc  violence  or 
tartor  purge  all  utaner  of  probation  that  was 

Lcompttent  a^iust  him  as  to  the  said  cry  me. 
jdo.  It  is  true  that  if  cither  the  jud^e  com- 
rient  or  the  pcrsevi  er  of  the  accusation  doc 
^ot  fiobject  the  pannal  to  the  tortor,  nor  inler- 

^it>|T^ale  hmi  in  the  tortor  "  super  ipso  crimine  et 

*  facli>*  principalie  but  only  {an  lawyers  express^ 
It)  /  pro  ulteriore  veritate  indi^^anda  as  super 
*■  mandutoribuij  et  adjiitoribus  ci  fautoribns  vel 

*  circuQistantiis delictual  a^TavaDt)hut;*intbat 
!  lawe  allowea  that  the  tortor  cannot  operat 

I  to  the  principal  fact  and  critne,  because  as  to 
bat  he  was  not  subjected  to  the  tortor ;  hut  that 
oes  not  at  all  coDceiae  the  poynt  iu  question, 
1  res|}ect  it  is  positivelie  oB'ered  to  he  proven 
hat  this  pannall  was  subjected  to  the  tortor, 
jOt  upon  any  speciall  conpie  of  particular  pre- 
punipiious  exhibit  and  Jelyvcred  to  U\m,  nor 
'^iipon  ibese  special  poynts  coodescendit  upon 
by  my  lord  advocat,   but  was  subjected  to  a 
mott  violent  tortor  twice  repeited  super  ipso 
crimmt;  and  the    principall   deeds   ly belled  ; 
aiid  particular! ie  was  inteiTogat  in  the  tortor  if 
1ie  was  not  present  witli  the  rebels  at  BotJiwet- 
_  ddgtr,  Hamilton,  and  Glas^jowe,  and  the  other 
"  jjlacea  lybell't,  and  upon  ah  which  he  su^ered 
and  endured  the  violence  of  the  tortor  and  did 
oowayes  acknowledge  these  cry  roes,  and  what 
oia  ht  more  absurd  and  unreasonable,  and  of 
more  dangerous  consectuence  to  the  live*  of  his 
majesties  subjects,  than  that  persons  accused  as 
guilty  of  cryines  may  in  the  first  place  be  sub- 
jccteil  (be  way  ofsimplcexpiscationand  try  all) 
to  undergoe  the  niost  horrible  paine  and  vio- 
lence of  tortor,  and  notwithstanding  that  many 
t\  !ni.^s  tlier  roeuibers  may  be  toroe  and  lacerat, 
'led  for  all  ther  live^,  yea  and  accord- 
I  strength  or  weakness  of  ihcr  temper 

huy  1  uue  the  hazard  of  ther  lives,  that  yet  the 
ame  persons  uotwathstanding-  of  ther  suflTer- 
n^  buch  aiie  extraordinary  violaice  of  tortor, 
hould  not  redeem  themselves  from  the  hazard 
f  fardtr  tryall  as  to  Uiese  crymes  :  for  if  this 
ioctrine  be  once  laid  doun  as  a  fuudation  of 
^  erituioaU  prooedor  in  any  nfttiuUi  the  lirat  eo- 


quyries  tshall  be  ever 

tJie  extraordmury  vif* 

lawe  in  no  case  alluM  e»  hiit  as 

Iraordinarie  rcmrdic,  nnd  in  xr 

the  issue  when 

is  to  depend  and 

itself  of  so  extraui  lUijav  a  < 

and  poticit^  of  many  nati' 

does  not  at  all  a" 

the  Inst  reraedir 

'in%  are  to  be  (- 

quytt,  but  the  1 

other  nations  >:>.,;; 

use  of  to  this  mearj 

have   undergone  til »: 

violence  of  the  inrlor  they  arc^   eti 

farder   enquyries  and  trjalk  as  t^^ 

crymes, 

3°.  Ther  18  no  fthadowe  rtf  prejudice  to  dil 
publick  interest,  or  to  his  !t  I  *»terf9ttMti 

thefcryall  and  puniiditneiii  "s,  beom 

the  just  and  regular  way  ' 

comnetent,  vix.  That  hfs 
for  tfiey  bring  pannalls  to  ir^uu  iir*?  m  useiom 
outmost  enquyriefor  probat'ioiif  and  if  ifiorll 
enquyrie  and'diligeoce,  ifv^  ^-^ .,,..,.  -.^.,.t,,»  ^ 
hade,  in  attrocious  cry  mr  -  i 

of  treason  and  other*,  v, i ,:_     _  ,,  u,- 

crimima  ejcctpta^  ther  is  then  pUoe  aa  tbe  Im 
refugee  to  the  extraordinary  reoiedie  of  Urtar 
for  thetrytdl  and  confiction  of  those  cry  m««bt 
in  quocunq.  ttalu  procema  tortor  is  made  tat  fi 
he  lawe,  and  llie  common  opinion  oflaw^^en^ 
and  the  custotne  of  nations  putt*  that  m«mifefil 
and  weight  upon  such  ane  ext,  v  tk- 

lence  and  extremitie,  that  it  ex  i[.v>-'t 

probation  and  all  ft rder  enquyne.      1f>ii   limi 
this  deftance  is  do  groundless  iwsenion,  btif^ii 
received  and  owned  by   tlie  opinion 
greatest  criminalists  extant,  and  the 
of  the  most  famous  trihunalls,  the  totxU 
ticiary  mt  desired  to  cast  their  ey« 
Farin,  quest.  40.  in  tliat  title  '  ati  ron^le* 
'  debeat  tortnra  et  si  detur  tupr 

*  turn  conserventOT  purgat^  r.  itiait* 

*  probatioufi.'    Julius  Clams,  qae>l.  (/$>.  oom. 
38.     Whcr  he  expresslie  atserts  fhnt  if  umn 
he  once  adhiliit,  and  if  the  pas 
violence  of  the  same,  he  docs  j 
of   probation    competent    as    Vj  that 

*  quajii  puram  veritatera  dixissc  vide 
as  he  says  *  quod  communiter  totui 

*  ita  tc)]et ethane  esse  commuaem  ob 
'  etiamsi  delictum  fuisiet  cortt-     -— 

*  pi-obatum  ;*  and  thai  upon  th' 
and  reason,  that  it  wcr  utmi^i 
hie,  that  alter  pannals  in  < 
tion  and  try  all  of  crytne?*  I 
of  their  lives,  and. at  best  had  thrr  mi 
tome  lacerat ,  and  disinabled,  they  should  hi 
again  subjected  to  new  enquyhtns  and  tijiU 
for  tlie  same  crymes,  and  ihereaAer  andeir^ 
punishment,  which  would  be  to  sufibr  dcmSK^ 
for  the  same  cry  me,  and  the  same  opinwa  i* 
also  ac^serted  by  Gooieadus,  cap*  1~  "* 
tura  Reurum,uum.  *2t^:    and  who. 

be  the  practice  af  the  wliolejudic«tunc;>  ^^  --^ 


q       STATE  TRIALS.  S3  Crarles  H.  l6U.SpreuU  and  Fergmpn.        [770 

the  said  tletence,  and  certntnlie  the  case  \wrm  ts 
jti  fare  stmnger  term ♦       '  "  ' ,  '- 

jected  to  torlor  upon  t  I 

the  steps  ^rodnlionK  uiui  tm  mij^iituct  ?>  ptiiuiu'r 
thereto,  anil  in  the  ibrsaid  case  the  pannull- 
beiai^  fiubjccted  upon  a  special  1  potDt  ofnniba-  * 
lion,  viz.  one  Domingo,  who  was  ackluced' 
ag^aiiiitt  him,  wlierea*  here  I  her  was  no  special  I  ♦ 
eoppie  of  any  particular  etideoces  or  pre- « 
sumptions  adduced  or  t'xbibit  to  the  paunalU « 
but  he  indefinitlic  suhjected  atid  iuterro^t  i 
to  the  crjnie.  And  as  to  that  pretcnre  tLat« 
the  pannall  before  he  wm  tortorfid  hade  con*  • 
fest  the  cr^'Rie,  as  to  himself,  and  was  onlyt 
tortoi-ed  ns  to  his  accomplices  and  other  points  * 
not  no  we  insisted  on.  It  if  answered  it  does  • 
not  at  all  cleid  the  defence,  but  resolves  in  !,• 
dcnyall  thereof,  that  the  paunall  wa«  not  anh^ 
jecte<l  to  tortor  *«r  the  crymea  and  fftt'U  l^belN 
ed,  ivhicb  it  is  oti'ered  1o  be  proven  he  \iras,  and' 
Iieir^g-  proven  injustice  be  out^ht  to  be  aasrdyied,  > 
and  as  ihtTe  is  no  audi  [*rttendit  conlessioti 
|noduced  in  wriU  under  the  pannaH's  handy* 
which  ibo  it  were  is  in  lawe  no  sutEcieut  pro- 
bation, as  being  hut  extrajudiciaU,  and  cann<»l*' 
be  made  use  of  as  a  mean  of  probation  hefora " 
the  in<]uestf  being  contratr  to  tl)c  act  of  patlia- 
ment,  so  thou(/h  iher  wer  a  confession  in  writt^* 
if  the  partie  hade  been  subjecteci  to  the  tortor 
upon  the  criiue  (which  is  impossible  to  believe^ 
that  ever  his  Majesties  Advocate  either  did  or* 
would  suttVr)  the  extremitie  and  violence  ot  the* 
tortor  did  in  la^e  and  u|)on  the  giMirnds  forsiaid* 
take  off  and  purge  all  manner  of  probatioo  for  * 
ihc  said  crymc. 

^do.  It  neitlicr  b  nor  cane  be  sustained,  with*  < 
out  the  endangering'  of  all  mens  hf  es  that  the  ' 
riepositions  of  witnesses  cane  be  made  use  <d'  to  * 
l^rove  pretojidit  confessions  whereiipon  to  in- 
ferrc  jknnnalls  g^ulltiencs,  the  confesston«i  thcni-  « 
selves  not  bein-^  extant,  lyke  as  when  the  pan-  • 
nuti  uas  desyrcd  to  subscribe  it.  paper  contain-  < 
\ng  his  confession,  be  abHolutlie  refused  the  * 
same,  so  thiit  the  stiid  pr  tendit  conlessioti ' 
cane  never  be  oblrudii  nor  made  use  <d'. 

His  Maj€ity*t  Advocate  to  leltthe  wofJd  see 
the  g-cntle  government  they  are  under  in  thi» 
kind's  reignc,  declares  that  he  will  not  insist 
ujK)n  the  former  point  in  its  latitude,  thf»u^l»  he  I 
reaenes  it  still  to  his  mnjestie  to  make  use  of,  ' 
when  it  shall  be  necessar.     But  at  present  he  . 
declares  (off  consent)  that  it  shall  be  relevanl  [I 
lor  the  pannall  to  prove  that  he  was  tortoied  Jl 
upon  this  vcric  point  by  coAunand  of  the  pHvy  I 
councill,  and  that  this  point  of  bis  l»eing  al^ 
Bothwelbridge,  was  one  of  those  points  upon  i 
which  he  was  advertised;  that  he  was  to  be . 
subjected  to  the  tortor  and  for  refusing  wherof  J 
any  of  the  stroaks  of  torture  was  given  him,  . 
And  tiir  verifieing  of  the  contrair  prodnccs  tbe.j 
Commission  of  Prrvie  Councill  itself,  be  vertue  t 
whereof  he  was  tortnred,  of  the  wUiilc  the  teooi^.J 
f  bllo^vs : 

*  Edinburgh  the  sexteint  day  of  Noveintk«r  i 
*'  1680.  The  lords  of  his  majesties  privie  couii-  ^ 
*  dll  Uaviogr  by  fteyctral  clear  tefititxiouiet  fouai 

3D 


^nrdonieof  8paiii,  and  thinks  it  is  so  just  and 

nVM rabble,  tliftt  he  *dds  tl)e*ie  words  *  Et 

^  fieite  wUtn  icententiam  et  conclusionem  sem- 

•  |ier  ten'v  f' ■*■•:  ^Ir^eknunc  tirm iter teneot undo- 

ndo  et  ab  eo  non  esse  re^si- 

dutu  ;,.  j.„hidndo  et  consulendo/  and  the 

Mnca  19  Also  the  opinion  of  iii^my  others  as 

^orpap.    que^t.     1^5     De    Etfeclu    Tortune. 

^H|^adenu<i  in  his  *  Prax.  Uerum  Crim.  cap. 

P^pp.  de  ('onfessione  R<?orum  in  Tortnra,'  and 

'Ibe  sftme  autltors  doe  also  cite  the  decisions  of 

I  jibe  most  famous  tribunalls  and  judicatories,  as 

m^  the  »ame  povnts,  as  may  be  eriileut  upon 

^Hrusall  thereof^  and  aa  far  ^  no  positive  law 

^nd  act  of  parliament  in  this  kingdome  for  the 

esc  of  tortor  except  in  so  fare  as  it  is  found  it 

upon  custorne  consonant  to  the  laws  and  ens- 

tocnes  of  other  nations,  and  to  the  |>rinci]des  of 

the  common  lawc,  so  it  is  most  juyt  nnd  rea- 

■Ottable  that  the  eflW  i  of  lortOr  W  interpret  in 

"*"^   kingdom   acctjrding  to  the  principles  of 

Doo  lawe  and  the  lawes  and  cuslome* 

^tJationSj  and  with  that  cr|ua)ilie  of  jut- 

\  ^fttas  con^^ions  though  extorted  by  the 
— —e  of  tortor  are  *  per  se'  sufficient  to  con- 
,  without  any   other  probation,  so  the 
SandextremUic  oi"  tortor  being  endured, 
KC  and  take  off  all  other  maner  of 
Lykeasthe  custome  of  this  nation 
\  ifayi  contrair ;  but  most  consonant  with 
the  principles  and  grounds  of  lawe  above  men- 
liMied,  and  the  amhoritie  of  lawyers  and  the 
prsetace  of  other  nations  in  all  crises  where  tli.; 
I^was  subjected  to  tortor,  *  8U|>ei'  ipso  cri  ^ 
Ifacto  principalis^  and  tint  interrogalonly 
_  rinsick  points,  as  is  evident  IVom  that 
lease  111  thejournfilts  and  records  of  the 
^court,  annis   1635  and  16tJ3,  of  John 
'  I  who  was  persewed  a»  gniUy  of  sta- 
treason,   for  wilful  I   fyre  raising  and 
the  boui»e  of  Frcuflraught,  \»herin 
nail  being  subjected  to  tortor  not  sini- 
to    the  whole    matter  of  fact    as  it 
I  lybelled,  but  precislie  upon  this  individnall 
ftit,  if  he  entered  the  tronse  and  vault,  of 
^  house  of  Frendraught,  with  a  lighted  candle 
[his  band,  about  ten  or  eleven  o^clock  at 
bt,   belor  tlie  house  was  burnt,  which  he 
and    being    snbjbcted   to  tortor  and 
ndured  the  violence  thereof,  and  tber- 
ewed  for  the  same  cr^'me  at  the  in- 
\  nf  sir  Thomas  Hope  his"^  majestie's  ad- 
ate,  and  the  said  defence  that  he  was  sub- 
' ,  and  hade  endured  the  extremitie  and 
of  tortor  being  then  plead,   also  the 
^■dvoeai  did    urge  the    same    grounds 
on  by  ray  lord  advucat,  and  wer 
^^emptorlie  urgeil  and  presi  to  pr«>ceed 
pretence  of  a  newc  probation,  eitcr  the 
de  long  dependit  from  August  till  No- 
feoaher  and  from  then  to  February,  and  the 
prif'ie  councill  ad  wised  with  the  said  defence 
%tbrit  it  did  not  concern e  tlie  whoU  fiomts  and 
circurostan<'es  lybelled,  but  only  a  (M>int  having 
aue  wUengencie  with  the  cry  me  itselt.    The 
jUkiiiocs  diii:r  tbey  bade  ruminated  and  long 
cgpiMidiered^  ibey  ocithrr  did  tier  cotild  repeU 


STATE  TRIALS,  35  Cb«1*R»  tl,  \6^U^Pro€eeiing9  agmmi        \TH 


I 
I 
I 


■ 
■ 
I 


77IJ 

*  tiiat  they  bate  vene  gooil  reason  to  bt* l<?iir<* 
♦tliftt  there  is  a  |^.riud»le  of  mo<'«^'*  rin  Mils 
« nmjr^tie,  and  thosr  under  him  t  "^ 

*  niajestieft  service,  ftitd  a  design  -i  J>g 

*  Iht-  ^of  era  men  I,  both   of  cTiurcli  mid  state, 

*  intcrtained  und  carved  on  hy  ihe  Phaimtieks, 

*  nml  particularly  by  Mr.  Donald  CararyU,  Mr. 

*  Robert  IVIacaullwir  and  others  tlir r  complires* 

*  und  that  J*»lin  Sjtreidl  and  Robert  Hamilton 

*  have   liein  in   aciession  tliereto.     Tlipy  or* 

*  daine  the  said  John  ^^prenll  jmd  Robert  lla- 

*  milton,  nowe  prisonet-s^  to  be  subjecteil  to  the 

*  tortnre  upon  tJucU   interog^ators  as  relnte  to 

*  these  three  points  *"  wliicii  they  have  good 

*  reason  fii  believer  tbey  ca»e  give  much  light 
'and   discoTery,    first,   by    vvbat    rt-aion   and 

*  imittues  this  murlherintj  principle  Is  tantfbi  and 

*  car^^ed  on»  who  wet-  acee&sorie  to  the  con- 

*  tfivknL'e  of  tniirtheiiDgf,  and  who  w^r  to  be 
«  muvthered,  and  abo  tslo  the  lordSt,  Andrews 

*  morther. 

*  2do.  If  there  was  any  netre  rebelUoti  io- 

*  tendit,  by  what  nieaoes  it  was  to  be  caryed  oo» 

*  and  who  was  to  britigf  home  the  armes^  or  if 
^  any  b<?  alreadie  brought,  or  to  be  brou^rht,  and 

*  by  whom,  or  who  wer  the  contrivers  and 
*■  promoters  of  the  late  rebeliiou  at  Butliwe^ 

*  btJdge. 

•  3W,  Who  wer  thcr  correspondents  aljroail 

*  mnii  at  home,  pai  iMic  «i  London  or  dse  wher, 
'  and  what  they  knowe  of  brinji^io:^  home  or 

*  dl«perseinq^  *editimis  books  or  jmmphkthi  ami 

*  such  particular  inltro^lors  as  relate  to  ijji'«4e 

*  larencrall :  — and   the  saids  lordii  doc    hereby 

*  g'ive  full  power  and  commission  to  the  calk's 
*of  Argfvie,  Lintithijow,   Perth,  and  QuelnK- 

*  t>erie,  the  lords  Ro!«ie,  ThciMuuTr dcput, 

*  Hefifisler,  Advocate  Justice  Cleik,  Gcnemll 
4  |v».^  11  f  M^Sutoun  imd  Haddo,  to  cult  the  sAkh 

*  *I  !l  iiiid  Robert  Hamilton,  and  torv- 

*  a;^..,..  ,M.  ,ii   in  the  torture  upon   the  in!<*ro- 

*  giUnr^  forsaids,    ami    such  oiber  pnrtirulHr 

*  parti c ul ij r  imeroj^fatoi's  usthey  shdU  think  per* 

*  cinent  relattni^f  to  the  forsaids  eencrjill  heads, 

*  and  !o  report  to  the  couucil.  Kxlnicl  by  me. 
«  Sic  mtucriUiur*  \\\  Patebson/ 

l^ir  George  LocfJiml^  for  the  pannaii  du- 
plycs,  that  the  pretence  insisted  on  in  thei'eidye 
I*  most  irrelevant,  and  fher  is  no  necessitie  that 
the  jtannal  should  oWfr  io  pforeany  «uch*|nali^ 
fieatiouA,  that  he  n  a  astoib'jcrymes 

hbelkd  by  the  uiii  lie  lords  of  privie 

cottncilt,  ithpioi^  MIL  -LurK  ihat  he  %vaii  lorl«»K^J 
by  a  committee,  appoyntetl  by  the  lonb  of 
Privie  counciU,  and  iu  ihcr  presence  examined 
and  interrogfat  as  to  the  crymes  ly  belled,  and 
the  pannall  was  not  in  tlie  least  to  examine  or 
consider  w  ho  inteiTog'at  hinr,  thcr  beinjf  notliinj/, 
more  ar<linary  thtn  that  cither  the  president  of 
the  count-ill  or  any  other  conncelor  present,  will 
interrogate  and  no  laive  e?erre«]iiYred  ofjorelben 
that  (he  pannall  was  de  facto  intero^jrat  u^ion 
the  crvnicA  nowe  ly  belled,  as  the  pan  null  was, 
and  wGich  i^  offered  to  be  prtnen,  and  it  ver 
to  change  the  cummitie  with  the  dangrr  o^'un* 
juat  and  arbiti-ane  and  illegall  pnxMHlor,  to  sutler 


or  allow  the  patmal  ta  be  itilefriifal nfmwf 
point  that  waa  not  w«rrantmlie«  irtlliWi  wd 
pannall  uas  not  only  interrogul  ufWHi  thrcrriiMi 
lybcdkd,  but  also  the  sameti  wer  mMifdail 
imiwn  up  a?  his  preteiwlit  eonfessiott,  and  tk 
aramen  itffered  to  him  which  he  Mostd;  mi 
ti  'Is  prfR'ur"  canoej^ 

M,  ivhirhci  f^^f^' 

I  tmjfatora,  bijt   riiso  n  getiCfaBt  ni 

1 1  to  be  exatniued  not  w^y  aa  tnjw»* 
tu  in  u  uni  rrt^ator^,  but  alto  aalo  wlial  fW9 
to  the  geoerall. 

The  InrrtRLocirpoi* 

The  LordiJii        ^'  '           ucc  Ciji, 

and  Commisaio4 1  n  mtf  K^m^ 

sidered  the  dittay  u'  -  - 
dittay  relevant^  and 

Jit  upon  the  t< 
I   ;    ..      .  [1  of  tne  tirivie  * 
rand  ilie  pannall  to  nave  b. 
tion  upon  any  of  the  cry  in 
dittay. 

The  lords  continue  this  action  anil  caiwctlO 
Monday  next,  ami  ordaine  the  witoeiiaef  f*^ 
a<i^ister!i  to  attend,  ilk  person  under  the  ftaiPf' 
two  htindred  mcrk$« 


CrttiA  Jc^fciAntB,  8.  "D.  N.  ITrrrl^  trnti  m 

I  "ra  tnv'm    r»urf;'>     ili      ^    '  ' 

t.:-rl](^  die    IM*;ii>is  .hf- 

biles     viros      \^  4^ 

(iueinKberrie, 

Ititcharduiii  BI  J3 

ciaria.'  Clericmn  ta< 

NjiJrn,  OomhK»i  .»;;«  nnjiMi  iiri 

linn-toun,  Davbl^m    Rn^fonf    • 

I>'avidein    Falconer  d'   ^  -  -  * 

LMrrni     l\(\m'    de 

siouamsJubticiuriiuU.  ^^ 

CHirih  l^iliiue  aiiirittata. 

Infritn 

John  SpriuUf  ApotbetTirie, 

Hobcrt  Fergumn^  of  L^^ttftrpin, — Prifoncrt 

IndylL-d  and  accused  for  the  '  ^'  - 

son  and  rebellion  mentioned  in  ■■ 

Pcritii'er^ — His  mf\|fsiity  *a  Advocate. 
Frocuraturi. —  L''^  ante, 

Mr»  WaHfr  Prlngh^  advocate,  as  Procuntof 

for    J-.ltn    S.n,>.MU      l!.,,     MMt,r,    .11       -.I1..-.J,^,.,     ll.Atft 

is    In 

of  Hi     !. 

thedefeiif  I'an 

nail  take^  ^^^ 

eomtniwiou,  an 

bein  sach  a  c. 

mtttee    hude    th>  r^  '■>,      ij^.    cUnr  And 

power    to    inters <i J  H    o,,*    pnfinafV  tipoi^ 

cry  III '       ■  '     :  ft^ 

conil  til 

eicpressite  uupuwcrect  lo  mtenvgut  ;ne  j 


STATE  TRIALS,  33  Charles  IL  1 68 1  ^^Sfreull  and  Ferguum.       [774 


nrdiy  vis.  By  trhom,  and  who  wer 
▼en  md  pmiDotera  of  tlie  late  re- 
Bothwelbndge.      And  by  the  third 

the  said  commisiion,  at  tiic  end 
tj  are  expresslie  impowered,  to  exa- 

in  the  tortur,  upon  the  foresaids  in- 
ly and  such  otber  particular  inter- 
s  thev  ahall  think  pertinent  relating 
nesnus  generall  heads,  from  which 

most  efidentlie,  that  the  commis- 

ample  and  expres!$e,  as  that  they 
ve  interrogat  him  if  he  was  at  Both- 
,  or  a  contriver,  or  promoter  of  tiie 
liion,  that  being  a  most  pertinent  in- 
and  relating  to  the  foresaid  generall, 
nmiall  sotisumes.  that  he  was  ac- 

intcrogat  thereupon,  and  offers  to 

vtW  Thores  farder  adds,  That  by  the 
liastun,  the  committie  were  appoynt- 
Igea  of  the  |)eninoncie  of  the  other 
rs,  to  be  proposed  to  the  pannall, 
nid  committie  havioff  iudged  the 
irtinent  and  propounded  the  same, 
ring  answered  m  the  lortor  theranent, 
d  the  samen,  his  deuyall  most  ab- 
,  and  the  committie  &re  only  answer- 
ropounding  thereof,  in  case  it  shall 
to  have  bein  ane  interrogator,  not 
f  the  commission,  which  is  impos- 
ibe. 

;^/ief  iifDora/f  oppons  the  Intcrlo- 
d  commission  which  bears  no  power 
e  him  upon  his  own  being  ther.  And 
ition  ot  the  commission  offers  po- 
prove,  That  it  was  expi-esslie  argued 
udit  in  councill  (in  conlciuplation  of 
e)tliat  he  should  not  be  interogat 
nrn  accession  to  Bothwelbridge,  and 
int  thing  was  done  in  the  committie, 
e  to  conclude  be  unanimous  consent 
onid  not  be  interrogat,  upon  his  own 
he  rebellion  timpUciter,  which  is  now 
;hing  insisted  on,  and  this  intimat  to 
de  severall  tymes,  so  that  tho  ther 
thing  debatabU:  in  the  generall,  as 
diis  tuces  it  off. 

\rge  Loekhart  oppons  the  commission, 
n  the  pannall  Joes  again,  and  again, 
amenta  and  protests,  it  may  lye  and 
I  the  clerk's  hands :  and  commissions 

I  ao  bye  and  im|>ortant  effects  have 

II  tbe  tortor  of  a  person,  ought  not  to 
,  *  ex  post  facto,*  to  (flosses  and  inter- 
L  tbe  commission  being  as  clear  as 
■at  it  oontaines  a  generall  warrant  in 
i  iheyt mentioned  :  and  as  for  these 
i^hat  the  contrair  was  resolved  and 
,Id  privie  councill,  and  in  the  com- 
li  intiniat  to  tlie  pannall,  the  allcadg- 
i.wmji  relevant  because  whatever  was 
r  mofotA  in  privie  councill,  in  law, 
■Ular  cs  jndice  quantum  apparet 
i'  wmi  tbe  commission  being  under 
l/tfMm  ceuBciU's  hand,  it  cannot  be 


taken  away  nor  redargued  by  any  probation  of 
what  was  argued,  dchaied,  or  verltaliie  concludit 
in  councill,  and  the  same  auiiwcr  is  re{>eitcd 
to  the  argueing  and  dcbateing  in  the  com- 
mittie and  intimation  made  to  tlie  pannall,  Le- 
cause  the  commission  of  its  own  nature  bearing 
a  general  clause,  the  committie  might  argue 
aiirl  intimat  and  '  ex'  po&t  facto'  alter  ther  opi- 
nion, and  interrogat,  and  it  is  ane  unanswerable 
demonstration^  that  the  c(»mmittie's  procedor 
was  80  in  respect  it  is  positivclie  offered  to  be 
proven  that  the  pannall  was  subjected  to  tortor, 
upon  the  ground  that  he  refused  to  signe  the 
confession,  a&  it  was  drawn  up  and  oflered  to 
him,  and  that  the  confession  wnieh  was  offered 
did  bear,  amongst  other  articles,  ane  answer  as 
alieadge^,  made  be  the  pannel  to  the  interuga- 
tor,  tutchin^  his  own  accession  to  tlie  rebellion, 
and  certainlie  it  passes  all  naturall  undeistand- 
ing  if  this  doe  not  evince  that  the  pannall  was 
interrogat  tutching  his  accession,  and  that  the 
committie  approved  the  same,  and  that  it 
was  drawen  up  as  an  article  in  his  alleadgitd 
confession,  so  that  the  defence  upon  the  tortor, 
neither  is  nor  can  be  eleidit  upon  pretence  of 
the  said  commission. 

The  Lords  Justice  General!,  Justice  Clerk 
and  Commissioners  of  Justiciarie,  having  con« 
sidered  this  with  tlie  former  dclmte,  they  find 
no  newe  matter  alleadged  for  the  pannell,  and 
therfor  adhers  to  ther  former  interloquitor,  and 
remitts  the  dittay  to  tlie  kuow ledge  oif  the  as- 
sysc  as  formerlie. 

ASSISA. 

John  Trotter,  merchant. 
John  Brown,  merchant. 
James  Nicolson,  merchant. 
J<ihn  Al*rala,  armourer. 
William  Bannatyne,  wreiter. 
Francis  Brown,  vintiner. 
John  Lawe,  goldsmith. 
Charles  Robertson,  vintiner. 
David  Lindesay,  late  balyie. 
William  Lauder,  turner. 
Alexander  Heid,  goldsmilh. 
James  Middletouu,  armourer. 
David  Robertson,  vintiner. 
William  Steinson,  late  balyie. 
Alexander  Abercrombie,  vmtiner. 

The  Assyse  lawfullie  swome  \  no  objectimi  in 
the  contrair : 

Robert  Ferguson  of  Letterpine  confesses  he 
was  in  armes  with  the  rebells  at  Both  wel- bridge 
in  June  1079,  and  acknowledges  that  it  was  a 
rebellion,  and  comes  in  the  king's  will  and 
throwes  himself  on  his  mercie,  and  begs  par- 
don, and  is  jontcnt  to  take  the  bond*  never  to 

*  Concerning  this  bond,  Wodrow,  af\er  re- 
latiitg  the  removal  to  Kdinbur^h  of  the  pri- 
soners taken  at  and  after  the  afiair  at  Bothwel, 
writes  thus : 

"  After  the  prisoners  were  thus  lodg^ed  in 
the  Grayiriars  church -yard,  the  council  met 


775]         STATE TRULS, $5 Gharlrs II.  iesi-^ProcuiingM agmui         [77( 


rvie  in  armes  against  the  king'  nor  his  autho- 
rities and  has  renounced  and  is  content  to  re- 
Bounce  his  estate  in  the  king's  favours. 

Sic  subscribitur^        U.  Ferguson. 

His  Majesties  Advocate  for  Probatione  against 
John  Spreull  adduced, 
John  I^yif^fChinirgeon,  in  Hamiltoun,  aged 
twentie  seven  years,  purged  of  partiall  councill, 

serera]  times  while  the  duke  of  Monmouth 
iras  in  the  city,  and  then  moderate  measures 
were  pursued.  After  several  meetings,  it  was 
amed  ujjon,  that  a  hond  should  be  offered  to 
an  the  prisoners  in  the  church-yard,  upon  the 
sienin?  of  which  they  were  to  be  set  at  liberty. 
jii  1  find  it  noticed,  that  a  good  many  of  them 
had  not  the  oifer  of  it  at  first,  the  managers 
resolving  that  some  huddreds  of  them  should 
be  sedt  to  the  plantations,  as  thny  gave  out,  to 
satisfy  the  king  in  this  matter.  But  I  have 
reason  to  think  the  king  would  have  been  very 
•asjr  in  this ;  and  the  reserve  was  rather  to 
satisfy  themselves,  and  the  cruel  disiiosition 
of  too  many  of  the  clergy.  We  have  seen 
that  transportation  was  first  proposed  by  the 
council. 

**  What  I  meet  iiiih  in  the  Council  Register 
as  to  this  bond,  is,  July  4,  before  the  duke  went 
oflT:  *  The  lords  of  his  majesty's  orivy  council, 

*  in  obedience  to  his  majesty's  letter,  of  the 

*  date  June  29,  (inserted  before  A  pp.  N^Sl), 

*  ordain  such  of  the  prisoners  as  were  taken  iu 
'  the  rebellion,  (except  the  ministers,  heritors 
'  and  ringleaders,  who  are  to  bo  prosecuted  by 

*  the  justices  and  others,  to  be  si-ut  to  the  plan- 

*  tations,  to  the  number  of  three  or  four  uun- 
*■  dreil,  itonfurin  tn  the  list  broui;:bt  iu  by  the 

*  couiinittee,  mid  to  be  appro vcn  by  the  eouu- 
'  cil)  to  be  set  at  liberty  upon  their  enacting 

*  themselves,  not  to  take uinis  against  his  ma- 

*  jesty  or  his  authority  ;  and  appoint  the  clerks 

*  of  council  \o  see  the  said  prisoners  enact  them- 

*  selves,  and  to  iiitini^.te  to  them,  that  if  they, 

*  or  ony  of  them  s!iu!l  hereat'tcr  be  in  anus  at 

*  fieM- convent ieles,  the  persons  so  taken  shall 

*  forfeit  the  benefit  of  his  innjesty's  indemnity, 

*  and  thcreiipou  to  dismiss  them  ;  and  apnoiut 

<  one  of  the  bailies  of  Edinburgh  to  attend.* 

**  Thus  this  matter  stood  as  it  was  first  or- 
dered. This  bond  was  extended  and  put  in 
form :  and  J  have  seen  two  copies  of  a  bf)nd 
pressed  afler  Bothwel;  the  one  hath  a  plain 
relation  to  the  imleuuiity,  and  1  supfHise  was 
wiiat  was  maile  use  of  up  and  down  ihe  coun- 
try ;  and  the  other  I  take  to  be  that  which  was 
offered  to  the  prisonei-s.  It  may  not  be  unfit 
to  insert  them  both  here,  being  but  short.  The 
first  runs  thus: 

*  I  beinc:  satisfied  with  his  majesty's 

<  Act  of  Indemnity,  dated  the  27t\\  of  July 

*  last,  and  enacting  m\  self  to  the  etfect  under- 

*  written;  therefore  T bind,  oblige,  and  enact 

*  myseh,  that  I  shall  not  bereatWr  take  up 
'  arms  against  his  majesty,  or  hui  authority. 

*  As  witness  my  hand.  Sec. 

*<  Tke  other  lioad,  which,  I  tuppose,  was 


solemnlie  swome,  and  ezainined,  dcpooci,  the 
in  the  month  of  June  1679,  tha  pumll  wntfc 
the  deponent  to  the  house  of  one  Oftvid  Mar 
shall  in  Hamilton,  abuutfittiogof  aooompts  be- 
twixt them,  the  pannall,  John  Spreull*  and  tb 
deponent,  having  trysted  tomeit  at  Hamiltmu 
abttut  that  tyme  befor  he  weot  to  Ireland  fm 
clearing  thereof;  tliat  tber  being  tome  oonfii- 
sion  in  the  accompts  be  reason  of  aooie  pay. 


•  prisoners  at  Euinbnrgh,  was  Is 
pose ;  but  a  little  adapied  .to  their 


offered  to  the  [ 
the  same  purpose ; 
circumstances,  and  follows : 

•  I  being  apprehended  for  being  H 

<  the  late  rebelUon  ;  and  whereas  the  loidi  tf 

*  his  majesty's  privy  council,  iapursoaBoeaf 

<  hismajesty'scommandfhaTeordaiBedmetsht 

*  set  at  liberty,  i  enacting  myself  to  tho  efiN| 

*  underwritten :  tlieretbre  I  bind,  oblige,  awl  fD> 

*  act  myself  in  the  hooks  of  the  privy  oouacil^ 
'  that  hereafter  I  shall  not  uke  u|>  arms,  will|; 

*  out  or  against  his  majesty,  or  bis  authority. 

*  As  witness  my  hand,  &c.' 

*<  Tiie  exact  numbers  of  such  who  took  (hil 
bond,  and  of  those  who  refused  it,  I  dumoC 
pretend  to  give ;  it  is  certain  the  most  putVy 
far  fell  in  with  it :  and  I  find  it  said,  that  mtaj 
of  these  who  signed  the  hond  did  it  under  tb 
thoughts,  that  uieir  rising  was  not  a»iaMhii 
majesty  *s  authority,  and  consequently  that  it 
did  not  bind  them  up  from  any  such  ^W^ 
ance,  when  occasion  ofiered  again.  1  fiM 
about  four  hundred  continued  in  the  chnick- 
yanl,  as  refusers,  though,  as  hath  been  hiiilc4i 
many  of  them  had  not  the  hond  in  their  O0H 
at  first.  The  rest,  it  seems,  either  subscribd 
the  bond,  or  were  silent  when  notars  signed  il 
for  them,  which  was  reckoned  enough  when 
they  could  not  write ;  and  so  tliey  were  dii- 
missed. 

**  But  then  as  to  tiie  i^ersons  thus  liberate  kj 

the  Cffuncil's  order,  we  must  not  think  tbcu 

sufierings  were  at  an  end;  some  instances K 

the  contrary  have  been  already  given.    Tbi 

most  part  of'  them  were  tossed  and  haraiiec 

upon  their  return  to  their  houses,  for  no  otiM 

reason  than  their  being  at  Bothwel,  as  likewiN 

their  friends  and  relations  U(ioii  their  account 

yea,  their  neii;hbours,  and  such  as  dealt  wid 

them,  were  distressed  for  converse  and  eoB* 

muning  with  them.    They  had  no  pass  gifei 

them ;  and  though  the  council  had  done  will 

them,  the  anny  had  not ;  and  those  made  htik 

I  or  no  distinction  U'twixt  such  as  had  brci 

ttiken,  and  were  libciate,  and  those  who  Ini 

not  been  taken. 

**  And  it  deserves  our  remark  further,  thai 

I  both  the  prisonei-s  now  dismissed,  and  loaaj 

I  others  who  had  escaped  from    Hothwel,  aftfl 

'  the  tirst  brush  was  o\er  this  year,  returned  ti 

'  their  houses  and  possessions',  and,  there  b«is| 

'  no  sentence  a<rainst  them,  they  resorted  oped^ 

to  Kirk  and  market,  fairs,  and  other  pubb 

places  ;    yea,  some  of  them  were   put  isl 

public  employments,  as    procurators^  fiacih 

and  alicrifl'-clerka  in  courts.    This  could  m 

but  make  the  most  prudent  ind  onnlMin 


STATE  TRIALS,  33  Chables  It  \6B\.—SpreHll  and  hWgnnm.       [7T8 


Bimt  inmde  to  J  (Am  8prcuU*&  wyff,  he  g«re  Jobn 
SpreuU  some  money,  and  deUyei)  the  fitting  of 
_tlier  Accounu  till  another  tyme.  Deputicts  I  hut 
iiediat}ie  \w  fiawe  JoKti  8preu1l  take  hors€ 
ryd  avTftv,  and  that  he  hiwle  huisters  aud 
41,  '■■!  ti.  "t  he  rode  towards  his  owd 
L.    Di'p<>D«>«  that  he  used  to 

|-.tlit:  i^^: uit  tyme^  befi>r  the  rel>e1Uf>[i, 

^Mi|f  Willi  htiUteni  ami  pisto1b>  Demons  that 
Ksoume  utuch  be  ^uve  him  ivog  within 
Ulj<?  pounds  Scottj.  I>e|>otis  ther  was  no  per- 
|iiic«>iup!Uiy  with  tlit-m  whvn  this  past  but 
lUiiiiwii.  Depons,  thiil  Dsvid  Mar^bftllm 
I  bciuse  he  nas,  was  uot  out  at  the  retiellion. 
^  he  doeti  not  ixMneniher  whither  hesawe 
Li(  piUon  U^-hrnd  hiiii  or  not.  Depoiis  I  hat  the 
all  b^de  ^aid  to  the  de|H>neat,  that  he  hade 
atmighi  from  lielnud,  aud  Ihut  he  was 
J  lor  (iUKgowt*.  .  Iteiiig  intei-oiyal  il'ther 
L  »fiy  diziCour^iF  l>etwi\t  the  panall  and  liirtr, 
the  rebidiion  and  rehelis  who  wer  in 
t  then^  dtpijTis  iher  past  nothing  bctwixl 
them  tberiiiietit  us  he  renieinljers ;  de|K>ns  that 
tliia  wajithetywe  when  the  rebelh  wer  at  and 
dboul  H^uiihoun,  and  that  the  deponent  was 

gjtil6e«^  tbat  t*itiier  they  were  not  at   liothwel, 

aeMt,  the  govemmeiit   was   fully 

'  thmiK     Yet,  in  the   year    lo82, 

eru  ardSt  ulien  the  matter  of  reset  and 

t  waa  pii$ih<ed  as  orirninid,  not  only  with 

on» lined  p«  rMmH  and  lugitives,  hut  suoh 

jltereheid  ;ind  ri'|kule  to  have  been  in  the  re- 

,  fitiin.h  nu  stiiteoce  had  ever  past  upon 

vore  brought  to  trouble,  and 

'|)eii  toil;  and  somei  aa  we 

bear,  were   cHmdetnned   precisely  upon 

tiknd  converse. 

>l>ftheie  four  hundred  who  remained  in 
t  XDclosure,  it  w  as  reekoned  about  a  hundred 
^  CHit,  someone  way,  some  another,  without 
direct  eoaipliance.     Divers  had  interest 
for  them  by   their  friends  among  the 
eo«nsel]erR.     Some,  by  climbing  over  the  walls 
of  lite  cbureb-yard  with   the   hazard  of  thdr 
Kvm;,  and  others  by  champing  their  t'bithe«i  in 
the  n^b  ♦  M .  r>  -3   r,.^A   « .. ....  >  .>  1 1  y  a  t'e  er  ih  eir  huts 

W&^  jif  1  ,  ns  etothes. 

^*  A  y       L  I    „.    .  I  : ;is  takfQ  M\n*n  such 

mho  recDamed,  by  those  at  Kdmburgh,  who 
H^re  of  o|)mion  the  bond  might  be  aubscribett 
witb#utiiii ;  but  very  little  ground  wa^  gained. 
Tkcy  b«»gan  now  to'  be  inured  to  iheit  hard- 
,  andf  by  their  mutual  eonvertation,  they 
gUietieil  and  heightened  one  anotlier's 
pkai  anent  the  b^^ind^  and  their  spirita  he- 
I  more  and  nuire  snwred  by  the  severities 
»  uader  ;  and  many  turned  peremp' 
linit  all  terms  with  their  prose<*utors. 
nd  wan  once  and  again  otferetl  to  tbt.'iii, 
now,  I  bc'lteve,  without  exceptton,  when  the 
oflcrtrii  ^erc  pretty  much  figured  few  of  them 
woay  lake  it ;  yea,  tliey  had  frequent  a^armii 
V,  t^iai  tlie  eouocd  wotild  put  them 
ath.  But  aa  their  tronblea  grew,  «o 
r  iirmnesa  and  resolution. 
IT^yir  tht  pnsoneiTB  cpotiaae  titusat  Edio- 


owingthe  pan  nail  more  money*  and  this  wm 
aboui  ^  "  '  Vis  More  BoUiwelbridge,  and 
di<poiJi>  III  not  see  the  ptmnall  m  com* 

paiiv  vuiij  iiiiv  "i  the  rebel  Is,  the  time  of  there<- 
bellion ,  And  this  is  the  trutli  as  he  shall  anaw^ 
to  God, 

SiciubKriUtur^        Jo.  Laj^g . 

BIr.  Walirr  PringU  objects  agaiofit  David 
Caldwell  that  he  t-Anoot  be  admitted  a  witnea 
against  the  pannaU,  because  it  is  olfere^J  to  be 
proven,  that  since  the  pannalt  was  cited  upon 
this  lybeU,  be  baa  bein  examined  aud  deponed 
upon  oath  u|H>n  thecoiHents  of  the  lylH'ilf  and 
neither  by  the  laws  of  thi^  nor  any  other  natioif, 
cane  any  previous  inquisition  he  taken  in  exa* 
mining 'of  wilnessea  against  pannalls,  afifer  a 
crimiiial  persuit  is  ntfsed  and  the  pa  on  all  cited. 

8ir  Gtifrge  IjMkhart  adds,  that  the  objection 
is  most  relevant  and  of  most  extraoi-dinary  im- 
portance as  to  the  lives  of  the  people,  that  pan- 
ualk  efler  they  are  accused,  the  witnyss  caunul 
be  adduced  nor  swome  against  them,  but  in 
judgemoDt  and  in  presence  of  the  pan  null  and 
inquei^l ;  aud  the  reaton  m  mo&t  evident,  be* 


bnrgli«  the .  managers  send  directions  through 
the  %vest  and  south  lo  the  persons  underwritlcni, 
to  offer  the  bond  to  such  as  bad  been  in  tb^ 
risiugi  aud  were  not  Ijeritora  or  ministers,  and 
a  power  to  enijuire  after  others.  The  pensOM 
ibus  inijiowered  were,  the  lord  Collin^toofi 
for  the  shire  of  Edinburgh,  the  earl  of  Win* 
totiii  for  HaddingtOHUi  the  earl  fvt  f  liiUihwow 
for  Linlithgow,  1 1 »e  marquis  ui  for 

l^erth,  the  earl  of  ituxburgb  for  i ;  i  ^  i ,  tbi* 
laird  of  Hayning  lor  ^Selkirk,  the  earl  of  CWn* 
waih  tor  Lanerk,  the  carl  f»f  Queensberry  for 
J>umfrie&,  the  earl  of  Gteneairn  for  Air,  thft 
earl  of  Wigtoun  for  Dumbartoun^  tht*  earl  of 
NUhsdalefor  Kjrkc  ml  bright,  sir  William  iMur* 
ray  of  Hienhope  tor  Peeldts,  earl  of  Mar  for 
t^Lirlitig,  lord  Uoss  for  Renfrew,  the  earl  of 
liurne  for  Berwick.  Those  persouH^  in  a  letter 
frouj  the  council,  July  17*  have  the  IoUom  ing 
directic»ns  and  jmwers  given  them,  '  That 
«  whereas  his  majesty,  by  his  letter  June  Q% 

*  haih  ordered,  \;c.  as  allot e,  the  council  im* 
t  powers  them  to  call  before  tbeiw  such  wh^ 
^  were  In  the  rclielliou,  and  are  not  heritor*^ 

*  ministera,  or  riuji; leaders,  whether  it  be  th^te 

*  who  were  not  apprehended,  or,  being  appre- 

*  hended,  have  escitpoit,  and  have  not  taken 

*  the  bond,  and  to  offer  it  to  them,  and  u{>oii 

*  their  signing  it  to  dismiss  them,  certifying 
» thetn,  that  ifihey  shall  hereafter  be  in  arn)9» 

*  or  at  field- con venticle?;,  they  shall  forfeit  the 
^  benefit  of  the  king's  indemnity  ;  that,  in  cai 
«  of  refusal  to  sign  the  bond,  tfieir  persons  be 
«  secured  in  prison*  Fnrtlter,  they  are  im* 
»  powered  to  inform  themselves  what  heritors^ 

*  ring- leaden;,  and  minit»1ers  within  their  shire^ 

*  were  in  the  rebellion,  or  did  contribute  to  the 

*  sending  out  of  persons  thereunto,  and  to  seiza 
'  and  imprison  tliem,  and  with  all  diligence  ra* 

*  port  tl^eir  names  to  the  counci^L'  '* 

a  Wodnw,  79, 


779]         STATE  TRIALS,  dS  Chablbs  II.  \6sl^Pro€eeduig9  agmmtt         [78 


cause  the  pannall,  '  in  ornni  actu  prgudiciali' 
that  concerns  his  lyflT,  is  to  be  conironied  v»ith 
the  wytnpsses,  and  they  to  be  interogat  upon 
the  inuiiiall  interojnitore  of  the  paonall,  and 
any  other  points  wiiich  may  tend  to  clear  his 
innocence,  and  not  the  M^itneyss  predetermined 
by  depositions  u|ion  oath  without  the  presence 
of  the  pannall,  which  in  lawe  is  prodiiio  teiti- 
Monit,  and,  not  to  insist  upon  any  unnecessary 
debate,  this  was  so  found  and  determined  the 
eight  of  January  1672,  in  the  case  of  the  pre- 
sent justice  general,  and  the  Johnstouns  of 
Earsliage,  and  several!  tymes  sensy  ue,  and  it  is 


the  hedges,  and  the  adrocai  dcdares  he  mtke 
no  use  of  any  of  the  previous  depositions. 

8ir  George  Luckhart  reply es  that  the  objec 
tion  made  againest  the  witneyss,  is  in  iud 
most  just,  and  foundit  upon  the  solid  and  dm 
grounds  of  hi  we  and  reason,  for  albeit  '  in  ju- 
*  dicio  inquisitionis,'  befor  a  person  be  cited  ■ 
guilty  of  a  cry  me  ther  is  place  in  order  to  tb< 
mformation  of  the  judge,  or  of  his  majntia 
advocat,  to  take  try  all  and  to  hear  the  ilecb- 
ration  of  whneysses  to  this  effect  to  grant  «»w 
rand  either  fur  the  apprehending  or  citing  oi 
'  criminalls  according  to  the  importance  of  thi 


faider  addit,  that  as  this  is  uncontraverted  laive,  i  cry  me,  yet  'in  judicio  accnsationis',  aodefta 


po  my  lord  advocat  in  his  own  treatise  of  Cri- 
minalls doth  sett  down  the  forsaid  derision, 
and  doth  assert  the  same  not  only  to  be  his  own 
opinion,  but  ane  uncoatraverted  principle  to  be 
oosenred  by  the  justice  court  in  all  tyme  ther- 
ofter. 

His  Majetties  Advocat  alleadgcs  that /?ro<fi^io 
iestimonii  reprobat  by  lawe  is  that  which  is 
uUroniUf  but  not  that  which  is  taken  by  the 
authoritie  of  a  judvre,  as  to  which  ther  cane  be 
no  prejudice  to  the  pannall  nor  presumption  of 
fraud,  malice,  or  ilesigne,  ancT  it  is  necessary 
in  many  cases,  espcciallie  in  that  of  rebellion, 
the  horror  and  aversion  wherof  hes  allowecl 
many  things  to  be  done,  which  are  not  other- 
ivayes  allowed,  as  that  $ocii  criminisj  and  other 
persons  exceptionable  niajr  be  receavcd,and  tlie 
particuUr  reason  why  it  is  neceysar  is  to  the 
ond  that  it  may  be  known  what  witneysses  are 
Co  be  secured,  who  otherwayes  would  not  come. 
Lykeas  efter  solenmc  debate  this  was  express- 
lie  re|)ellcd  in  I^Iarch  Inst  in  the  veric  ca>;e  of 
this  i-ebellioii,  and  beinju:  I'ullic  debate  in  coun- 
cill,  the  justices*  tlien)i>elvcs  wer  iX)nmiaiHlit  to 
examine  and  did  uccordinglic  examine,  and  as 
ther  is  no  hazard  upon  the  one  syd,  so  ther 
might  be  gi-eat  hazard  to  the  coiiimonwcahh 
uiion  the  other,  since  this  tendit  \(rie  much  to 
clear  uhat  is  the  true  probation,  for  cane  ther 
be  any  danger  in  rcceaving  them  upon  oath 
whatever  may  be  otherwuys,  fur  if  they  be  ho- 
nest wilnoysses  they  will  depone  nothing  con- 
trair  to  truth  being  upon  oath,  and  the  act  of 
parliament  appoynts  that  the  probation  that  is 
to  make  against  the  pannall  be  led  in  his  ]>re- 
■euce,and  the  advocat  c-onfes!<es  that  depositions 
taken  upon  uuih  without  his  presence  cannot  l>e 
repeiteil,  nor  should  the  jui^ticcs  take  notice  of 
them,  and  the  reason  the  act  of  narlianient  ap- 
poynts that  the  witness  should  oe  reciave<l  in 
the  [Mmnall's  presence,  is  to  the  end  ihat  the  pan- 
nall may  dear  the  judges  by  farder  intei-oga. 
tors,  which  that  previous  try  all  does  not  hin 


a  partie  hes  gott  his  indytment,  and  is  cited  U 
answer,  ther  cane  be  no'procedor  made  in  tlnl 
proces,  but  where  the  partie  is  present.  AM 
It  is  not  of  the  least  weight  that  the  advod 
declares  that  he  does  not  make  useof  tbe  dr)» 
sitions  of  the  witneyss  alreadie  taken  bcciMi 
tliey  alreadie  attained  ane  e6fect  prejndidill  k 
the  pannall  which  is  to  Umit  and  pradetenniM 
them,  so  that  they  cane  depone  upon  no  ran 
nor  circumstance' oontrair  to  what  they  nifi 
alreadie  deponed  without  hazard  of  being  in&i 
nious,  and  |)eijured,  and  the  lawes  and  coi' 
tomes  of  all  nations  is  so  tender  as  to  this  ^yot, 
that  witneysses  cannot  he  so  much  is  exa- 
mined, and  ther  dc*positions  taken,  *  adibiana 
I  rei  memoriam,'  *  and  much  lease  cftar  Um 
intentinj^  of  a  crMiinall  proces,  whempoD  tki 
pannall  is  cited,  and  the  Uwe  upon  the  ssm 
consideration  reqiiyres  to  the  end  that  tbe  vit 
neyss  may  de|)one  nothing  but  truth,  thatliiq 
should  be  examined,  and  depone  in  pteicact 
of  the  pannall,-!-  ^^^d  confronted  with  him  tM 

*  *<  Witnesses  are  sometimes  received  *  ii 
'  criminahbus  ad  futuram  rei  memoriam,*  An 
the  defender,  but  never  for  the  accuser,  mi 
that  IxKrause  the  accuser  might  blame  himsd; 
for  not  pursuing  sooner,  which  is  not  ii 
the  defender's  |K)wer,  and  *  testibus  non  tes 
'  tiuioniis  creilitur,'  whereas  de|iositinns,  * « 
*•  futurain  rei  memoriam,'  are  only  testimomM 
And  yet  with  us  the  justices  some'times  dedm 
in  court,  when  they  continue  diets,  that  tbr 
will  receive  the  depositions  of  witnesses  to  l] 
171  rttentis;  but  this  form  is  not  allowable  ii 
my  opinion,  except  Inith  parties  consent,  be 
cause  by  act  of  parliament  all  probation  sbouh 
be  le<l  in  presence  of  the  assize."  Mackeaiie 
part  2,  tit.  21,  sec.  17. 

f  "  Witnesses  must  in  our  law  be  receivfi 
in  prcscn(re  of  the  pannel  and  assize,  and  thi 
the  pan nel's  presence  may  overaw  the  depoDcr 
and  that  the  assize  may  judge  by  the  depo- 


nent's  countenance,  gestures,  and  assunnes 
der,  not  being  to  be  foundit  on,  and  so  cfter  the  how  far  he  should  be  believed ;  and  advoGsM 
lybell  is  given  ther  cane  no  farder  be  done  be  ;  are  to  be  present,  that  they  may  internMU 
ivay  of  inquisition,  for  farder  burdening  of  the  j  upon  emeri^nts:  And  this  is  much  justerUtI 


pannall,  yet  for  clearing  what  witnesses  are  to 
be  secured  for  fear  they  abstract  themselves  for 
bemg  in  the  same  cryme,  which  is  in  this  case, 
they  may  be  ezaramed,  or  otherwayes  the 
councill  would  be  forced  to  secure  hundrcthsof 
\i  itnessest  which  would  be  most  inconvenient  for 


the  laws  of  other  nations  are,  who  allon 
ther  advocats  nor  party  to  be  present,  wbib 
the  witnesses  depone."'  Gumez,  da  Udict.  of 
1.  num.  65.  And  in  this  abo  we  agree  wiH 
the  civil  law,  L.  Custodeaa,  if.  de  publ.  joft 
ciis."    Mackenzie,  part  3.  tit  SO,  aec  16. 


STATE  TRIALS,  33  Charles  II.  l6sL-Sprruii  and  FerguBon.       [78f 


Sif  George  Lockhart  takes  instrumeDts  that 
H  is  acknowMired  that  tli«  vyttties  was  in  ihm 
r^fbcJUon  and  bes  taken  the  bond* 

DavtdCaldaell,*  in  IVtonklEfid,  agcil  50  feart^ 
marrierl,  solemn  tie  sworne  a  oil  purged  of  par- 

•"  fo  the  Trial  ofSpreuHor  treason,  June  13, 
1681,  it  was  strenuously  olijwied  by  sir  George 
I^ckltart  for  the  paiinel  that  David  Caldwell 
could  not  be  admitted  a  witness,  having, 
since  his  citation^  been  examine?*!  on  oath  res- 
pecting the  contents  of  the  hbt- 1.  'Hie  court 
reiM?1led  the  objection,  *  in  rc*i>ect  they  rfo  not 
allow  his  majestie^g  advocat  to  adduce  these  de- 
positions against  the  pannel  as  ane  prt»liation/ 
But  the  decisions  of  this  period  in  tiiul  formate 
crimes  arc  no  authority/'  'i  Htioie^s  Comroett* 
taries,  p.  183,  Note  1. 

The  same  author,  in  another  part  of  liis 
work^  (vol.  1,  p.  130)  thus  writes  of  the  pre- 
vious e^iaminations  or  prccog^nlUonSi  as  they 
are  called  in  the  law  of  ScotGnd,  "  Ttie  en- 
tire care  of  conducting  these  enqoines,  hat 
now  devolved  on  the  sheriffj,  justices  of  peace, 
and  other  inferior  judj|;es;  a  great  tniprore- 
ment  certainly  oi'  oar  more  ancieat  practice, 
in  which  it  was  nowise  nncoromon  for  a  pre- 
eo^nition  to  be  taken  at  instance  of  the  lora  ad* 
rocat  or  his  deputies,  before  the  supreme*  judflpes 
themselves,  or  some  of  their  nam  T I  '  ver© 
atlerwards  to  sit   in  the  trial.  ed^ 

Mackenzie,  m  his  Obsen'ations  oi  ■  1 1  es, 

has  taken  notice  of  a  letter  from  li  ihe 

court  in  1683,  wherein  he  partiLi.;... ,  v  ^.acctm 
tliem  to  observe  this  practice  in  rastM»f  ireason, 
at  any  time  when  tlvit  privy  council  shall  de- 
sire it.  Nay»  sometimes,  the  evidence  in  th« 
trial,  was  notbingf  more  than  a  simple  udher- 
eneetn  those  previous  testimonies,  not  uncom- 
monly taken  upon  oath,  which  seem  to  have 
been  produced  and  read  over  to  the  witnessea, 
in  presence  of  the  same  judges  who  had  before 
examined  them.  Thus  in  the  trial  of  Georg^e 
Graham  and  Elizabeth  Ramsay,  Nor.  11, 
J 663,  for  theft»  three  witnesses  atfhereto  their 
depositions,  taken  by  the  justice-depute  on  the 
20lh  September  preceding',  and  whereof  tho 
tenor  is  insertefl  in  the  record.  The  evidence 
is  chiefly  of  the  same  sort,  in  the  trial  of  Muir 
ofCaldwall,  and  others,  Aujjfust  16,  1667,  for 
treason  ;  as  also  in  that  of  William  Barclay^ 
Nov.  IQy  t6ti8»  for  murder.  A  still  more  sin- 
gnlar  course  of  inquiry,  is  that  which  was  held 
after  the  commencement  of  process.  Nor.  t4, 
1679,  in  the  case  of  Tollock,  m  artin,  and  others, 
accused  of  rape.  *  The  said  day  the  lord  jus- 
tice-g^eneral  made  report  to  the 'remnant  lords^ 
thai  accotding  to  the  recommend aiion  mad« 
be  their  lordships  to  him  upon  the  10th  instanf« 
he  hatle  examined  parties  and  witnesses  in  the 
aflkir  above- men  Lionet  I,  and  found  the  compUinl 

oltogr  it  ■ "-'  ind  maljtious.  Thetordi 

theret  i  he  their  presents  desert, 

,tbe  djti  -....j...>.,w,  and  discharge  aH  ncir 
l«tlm  to  be  raised,  or  dittay  to  be  tt^a  vp 


jtb ftne  absolute  inraskia  altogether, inconsls- 
■|^  with  the  act  of  parliament,  to  pretend  that 
^Kr  the  to  act  ii.  parL  king  James  6.  does  in 
^Blire  termes  requyrc  that  the  wlioll  proces 
^^p  probation  should  be  tised  betor  the  assyse 
P^resenee  of  the  panie  accused  and  his  pVo- 
mtnitors,  that  the  said  act  may  be  thu<i  evadit 

B  rendered  iltusorie,  that  the  witneyss  may 
f*r«»me  and  examined ;  the  pannatl  not  being 
lent  a»jd  the  same  wilneyss  as>aine  repeitetl, 
r  they  are  concludit  by  the  first  exam ina- 
11^  which  is  not  to  interprett  the  act  of  par- 
Veot,  but  ah«iolutelie  to  subvert  it,*  and  the 
of  justiciar}'  are  des^Tcd  to  consider  ol* 
dang-erous  consequence  this  wtv  to  nil 
i  lives  and  tbrtuns,  and  the  pannnlt  r-epeatts 
bnner  practiques  and  the  lawes  and  customes 
tions  and  the  opinion  of  all  criminalists  as 
'  1  lis  to  the  pretcn<;e  that  the 
ii  in  Mil  re h  last,  in  a  perfiuit 
(li*c  .  i.  i.^ailale  heritors.  It  is  answered 
?  pretence  iv  <rroumllesse,  and  it  is  contident- 
[HBgJUfigjdged,  that  smce  the  fund  at  ion  of  this 
^^^^Ber  was  never  a  witnes  eicamined  eiler 
pi^Hnt)  upon  oath,  the  ])iu)null  being  absent, 
"iBtfarycr  any  advocat  diil  desyrc  or  attempt  it, 
atiil  it  is  downriu^ht  contrAir  to  the  act  of  par- 
hatnent,  and  all  that  was  done  in  the  first  case 
,iriiS  only  the  naked  examination  of  the  wit- 
s,  not  upon  oath,  and  to  tooviocethe  lords 
[  tills  is  cfHiKonant  to  all  the  lawes  in  the 
ad  that  ther  is  no  exception,  except  in 
%\\  case  wher  pannalts  are  contuma- 
tb^ent,  and  doc  not  appear  upon  cita- 
tioM,  and  even  in  that  case  ther  cane  be  no  far- 
^Ej^mcedor  made,  not  so  much  as  to  examine 
^^■tysses  to  lye  in  retcntis^  exce|»t  in  the  case 
^^■npen  rebellion  and  public  sedition.  And 
^^ftW  virtueof  a  late  act  of  parliament,  before 
Spkh  the  witneysses  could  not  have  been  exa- 
Wflieil  so  much  as  in  that  case. 

rfs  Justice  Clerk  and  C/ommissioners 
ary  repiU  the  ol;i't.nion  fouuilit  upon 
fiiiions  taken,  iLoider  of  council.  In 
t  tbey  doe  nol  alUnve  hL^  majeatiea  adro- 
la  adduce  these  de|iosiuous  a^inst   the 
<  pimuLlI  as  ane  probation,  and  oi-datnes  the  wtfc- 
ym  to  be  receaved. 

Geotiic  Lnckhart  takes  instruments  that 
acknowledged  that  ther  wer  other  depost- 
takeo  of  the  [tannars  witneysses  without 
ice. 

If.  W^Utr  Pringk  objects  agfainst  the  said 
i  Caldwell,  that  he  cannot  be  receared  a 
whav*  beoause  he  't&$Gcitu  criminit^f 

The  t^rds  rf'pell  the  riV»jection  in  respect  he 
^  bq taken  the  bond  up[ioyutctl  by  his  majealies 
■Btomnirie,  and  tliat  it  is  m  the  cry  me  of  treason 
^Bbe  is  citeiJ  to  be  a  witnes. 


^  See  ahfo  91  ackenzie^s  Works,  Vol.  2,  p. 

'  As  to  Socli  Criminin^  see  Mackenzie,  Part 
|lt,  3d,  sec,  10,  and  Hume's  Commentaries, 
{19, 15.  yoK  S.  pp.  175,217 
^  3 


T83 ]  STATE  TRIALS^  33  Chables  II.  iGSL-^ProendingB  Mgmntt       fM^ 

tiall  ODuncil,  depons,  he  thynks  he  sawe  the 
pannall  John  Spreull,  ryding  io  arms  half  a 
inyle  from  Hamiltouo,  upon  the  high  waVi  on 
the  Fry  day  betbr  the  derate  of  the  rebells  at 
Both welbridge,  and  that  he  sawe  some  men  with 
them,  but  does  not  knowe  if  thev  wer  rebells. 
Depons  he  was  within  thebreaihli  of  this  house 
to  the  pannall  when  he  sawe  him,  and  that  he 
aawe  some  of  them  have  amies,  and  depons, 
be  never  sawe  John  Spreull  befor.  Depons,  that 
the  pannall,  and  these  tliat  wer  in  com|Nuiy 
with  him,  wer  half  a  ra^le  distant  from  the 
bodie  of  the  rebells ;  Being  interogat  if  the 
oannall  was  reput  one  of  the  rebells ;  dejions. 
Be  does  not  knowe  if  he  was  reput  as  one  of 
tliem,  being  interrogat  if  John  Spreull  not  be^ 
iog  reput  one  of  the  rebells,  why  he  and  those 
nhells  who  wer  whh  liim  did  not  apprehend 
him  then.  Depons  he  was  not  in  a  capacitie. 
Depones  that  he  mett  the  pannall  in  the  high 
vaj,  and  parted  with  him  at  Moderwell,  half 
m  myle  from  Hamiltoun  in  the  way  towards 
Edinburgh,  which  is  witliin  half  a  myle  to  the 
place  wher  the  corps  of  aoe  of  die  rebells, 
who  was  killed  by  his  majesties  forces  lay,  to 
whose  boriall  the  deponent  was  going,  and  de- 
pQ&a,  that  Moderwell  was  in  his  road  to  the 
aid  huriall,  and  depons  be  never  sawe  the  pan- 
aD  iinoe,  till  he  saw  biro  in  the  castle  of 
Bdinbuiyh,  and  depons,  that  he  thinks  the 
paiuudl  is  the  man  be  sawe  then,  depons  he 
vpdke  t*  the  pannall  at  that  tyme,  about  the 
taught  and  deepness  of  the  wstler,  and  of 
BO  other  matter,  depons  he  did  not  knowe  any 
«f  the  persons,  who  wer  ryding  with  John 
%Heull  at  that  tyme,  except  on  man  whom  he 
sawe  severall  tj^mes  tlierafter  ryding  tlirowe 
Hamiltoun  Miiir,  with  the  rebells,  who  was 
called  on  Russill,  in  the  parish  of  Monkland, 
and  that  he  sawe  the  same  Russill  in  company 
with  the  rebells  befor  ;  and,  this  is  the  truth, 
as  bt  shall  answer  to  G04I. 

Sic  Subscribitur,        David  Caldwell. 


lion,  he  did  see  non  iiseing  or  wearing  vnatt 
on  the  streets  of  Hamiltoun,  when  the  nkb 
wer  tber,  but  those  that  he  suspected  to  be  re- 
bells. De|>ons  he  has  seen  some  persons  it  bit 
owne  house  the  time  of  the  rebidlion,  wbo 
hade  cloath  bags  behind  them  and  swurds  about 
them,  whom  he  convoyed  out  of  the  toun  to 
the  fckord,  and  who  did  not  converse  wiib  as? 
of  the  rebells,  and  this  is  tlie  truth  as  beihu 
answer  to  God. 

Sic  Subscribitur.        James  IIa3Ciltui. 

Jamet  Mdlar  in  Milrohaugh  aged  85  yetn^ 
unmarried,  purgeil  and  swome,  depou  bt 
sawe  on  wlio  was  designed  John  Spreall  17^ 
ing  on  Hamiltoun  Muir,  in  June  1679,  ad 
that  he  was  within  a  verie  little  distance frw 
him,  and  that  he  sawe  him  ryding  upon  a  incy 
horse  witli  armes  up  to  the  rebells ;.  and  ibil 
he  thinks  this  pannall  i%  like  him,  and  racB- 
bles  the  man  that  was  designed  to  him  Ib  bi 
John  8preull,  but  dare  not  positivtie  depnt 
that  this  pannall  is  that  man  who  was  it  k^ 
signed  to  him,  nor  dare  he  depone  positittii 
that  it  is  not ;  he  depons  that  he  never  bean 
that  John  Spreull  the  pannall,  was  anongit 
the  rebells  eher  that,  and  this  is  the  Iralh  u 
be  shall  answer  to  God. 

Sic  Subscribitur,       James  Ituii. 

John  5/}reti//,  wreitter,  in  Gk^gowe,  aftl 
snd  swone,  le- 


Jama  Hamiltoun,  in  Hamiltoun,  called 
NcpoSy  aged  40  years,  unmarried,  purged  and 
•wome.  Depons  he  sawe  John  Spreull,  the  pan- 
nall goeinff  single  alone  throwe  Hamiltoun, 
towards  James  Mortoun,  appothtcary,  his 
shope,  with  a  sword  about  him,  and  tlier  was  no 
person  speaking  with  him,  and  this  was  four 
or  five  da  yes  beibre  the  defate  at  B<fthwei- 
bridge,  and  depons,  that  at  that  tyme  ther  wer 
a  great  many  of  the  rebelU  withm  the  toun  of 
Hamiltoun,  and  that  he  did  not  hear  the  pan- 
nall to  be  reput  on  of  tliein,  at  that  tyme,  de- 
pons that  the  rebells  wer  goeing  up  and  down 
Hamiltoun,  lyke  a  faire,  hut  he  did  not  hear, 
nor  see  the  paDnall  speak  to  any  of  them, 
depones  that  dureing  all  the  tyme  of  the  rebel- 

against  the  defenders  for  the  cry mes above  spe- 
cified in  time  coming.'  Certainly,  in  every 
point  of  view,  it  is  better,  and  more  suitable, 
tliatthe  jud|^,  like  the  aasize,  should  enter  00 
the  trial,  without  any  previous  knowledge  or 
imprMMtt  of  the  gsk.** 


27  years,  unmaried,  purged  and 
pons.  That  the  deponent  bein^>  with  a  €MK 
pany  of  the  rebells  about  twenUeor  threttie,  hi 
inett  the  pannall  in  a  road  about  half  a  mpt 
eastward  frcm  the  Haggs,  about  four  or  fyn 
dayes  beibr  the  break  at  Bothwelbridgp, « 
horseback,  with  another  ryiling  with  him,  aH 
knowes  not  whither  thev  hade  armes  or  DoC,B0r 
whaf  collor  the  pannafl^s  horse  was ;  deposi 
that  he  himself  bade  made  use  of  two  hnflM 
the  tyme  of  the  rebellion,  whereof  one  wm 
brown,  and  another yray ;  de|Mms  he  did  ail 
see  the  pannall,  at  Haniiltoun  muir  nor  Hf 
miltoun  in  com|Mmy  with  the  rebelb,  vmwf 
other  place,  to  the  best  of  the  deponent's  ■»• 
morie,  and  being  interogat,  if  the  panoall«0 
repute,  by  any  of  the  rebeils,  or  by  him,  tobt 
one  of  ther  number,  depons  be  eanool  i«- 
mcniber  ;  and  beiug  interogat,  w  hen  be  pat 
away  the  gray  horse,  depones  he  ihinU  it 
was  some  fewe  days  belbr  the  break,  ami  ihuite 
it  was  four  or  fi\e  dayes,  but  cannot  be  Doa* 
tive;  depones  that  the  def»onent  himselt'Ul 
a  {lerriwig,  the  collor  of  his  owne  haire,  asi 
lighter,  and  depones  that  the  pannall,  the  t%is* 
foresaid,  that  he  mett  him,  hade  nopeiri^ig* 
but  his  own  liaire  ;  and  this  is  the  truth.  asiiB 
shall  answer  to  God. 

Sic  Subtcribitur,        Jo.  Spbeull. 

John  Aird,  merchant,  in  Glasgow.  a^irH  t$ 
years,  marrietl,  purged  and  siit.ik,  liv^A-jt^ 
Tlmt  to  the  best  of  his  knon  1edir«',  n  liu  i  iaS^ 
day,  befor  the  delieite  at  lloihwi '-l  r.i  .^.  bi 
sawe  John  Spreull,  the  pai  ji^jiII.  i:  v<<. 
with  Mr.  Jonn  Yfthh  uud  a  Muu^au  .un 


STATETRIALS,  SdCiiABLESlI.  l6b\.^Sfiretill  and  Ferguson.       [786 


jpa  rooBBe  within  the  deponent's  ownc  house, 
■  Ghig^we,  the  ileponfnt  having  httcdthe 
Meek  uil  looked  in,  and  this  is  the  tnith,  as  he 
ibill  answer  to  GofL 

SicSubscribiluff  Jo.  AiRD. 

George  Peirg.  Cordener,  in  Glasg-owe,  aged 
f4  jctn,  maricd,  pureed  ami  swonic,  depons, 
iMnwea  person,  who  was  dr-^ipfncd  to  hirii 
to  be  John  Hpreull,  ryding  in  HniniluKin  mtiir, 
«  a  bay  horse,  with  a  velvet  caiie  and  a  cloack, 
and  that  he  was  rydinff  aloue,  lint  kuovvs  not, 
M'itwai  John  SSprenll,  the  pannall,  or  Jolin 
i^preaO,  Mr.  John  Hprenll's  son,  kno\«es  not  if 
M  hade  armcs  or  not,  and  that  he  heard  it  said 
fbat  John  Sprenll,  the  pannall,  was  amongst 
the  r^lls,  and  this  is  the  truth,  as  he  shall 
amrer  to  God. 

Sic  SMbKribitury        George  Piers. 

M»  Spreull^  wreitter,  in  Glasgowe,  heing 
li-cniniiied,  depons,  -it  was  a  black  hatt  that 
Is  hide,  when  he  was  with  the  rehells,  on 
Baailioun  muir,  a;id  that  he  hade  a  black  hatt 
aHlbetjme  of  the  rebellion. 

Sic  Subicribiturf  J  o.  Spreu  ll  . 


CkMla  Mowatt,  appothccary  in  Glasgowe, 
Iged  40  years,  maried,  purged  and  sworne, 
I  be  sawe  John  Sprenlt,  the  pannall,  ut 
Dock,  in  a  chainge  house  in  June  1079,  i 
»l  that  he  said  he  was  newe  come  from  ire-  I 
iHji,  and  he  crared  of  the  deponent  anc  ac- 
MBpIhe  was  Acting  him,  and  that  the  other 
Mn  fljpKuU  was  rcput  to  have  bein  in  the  ) 


prifie  councill,  cannot  be  repcitted  as  any 
mean  of  probation  in  this  process ;  first,  be- 
cause the  pannall  being  able  to  wreitt,  thcr  id 
no  su})scribed  confession  produced  under  his 
hand,  but  on  the  contiuiir  u  copple  of  a  pre- 
tendit  c<jnfpssion  beinif  drawn  up  and  ex  J'iC'!)/i- 
tinentc-  ofivred  to  the  puiiiiull,  he  did  inune- 
diatelie  disowne,  discluini  and  reject  the  same. 
Sdo.  In  the  case  of  all  judiciull  conlessions 
wher  the  pannalU  are  not  able  to  wreitt,  it  is 
the  irrefragulile  opinion  of  lawyers  that  the 
confession  should  be  inmiediately  drawn  up 
and  signed  by  the  clerk  of  court,  and  ac- 
quiesccil  to  by  the  pannall,  but  it  is  most  un- 
warrantable to  pretend  that  the  termf-  of  pre- 
tendit  confession  expostfactOj  and  etXcr  a  \onff 
inteiTall  of  tyme,  cane  be  proven  by  the  depo- 
sitions of  any  witneysses  of  wiiat  qualitie,  re- 
putation or  integritie  whatsomever ;  and  the 
reason  of  I  awe  is  most  evident,  because  a  con- 
fession being  of  so  great  imi>ortance  as  to  men's 
lives  and  fortuns,  witneysses  may  mistake  as  to 
the  tenor,  and  context  and  sense,  anil  t^e  way 
and  maner  of  expix*ssion,  all  wliich  may  mak'is 
a  great  difference  and  alteration  as  to  the  true 
sense  and  import  of  such  confessions,  and  ther 
cannot  be  a  preparative  of  more  dangeroufi 


Sic  Subscribiiur^        Cii.  I^Iowatt. 


a  preparative 

<MM.  fie  Mwe  Jolm  Spreull,  the  pannall,  at    ;j»n*«^»«"'«*  f^»  «<>  l»y  «'«=>'  «';»«latious  that 

EUck,  in  a  chaiDi^houU  in  'june  1079,  i  t^T'T"    [  "''"^J'T  *''»"'••  ^  *f^'" 
'  '^  •    make  up  pretond/:  confessions  ex  po^t  Jacto, 

and  efler  aue  intervall  of  tyme. 

3''.  The  said  pretendit  confession,  though  it 
j  wer  produced  under  the  pannalPs  hand,  yet  it 
I  cane  make  no  faith  as  being  a  confession  extra- 
judicial! and  not  taken  coram  competent cjudicr. 
]  us  to  tlie  procrs,  and  the  crymes  and  such 
Mortoun^  appothecary,  in  Hamiltoun,  ■  oxtrajuiiiciall  confessions,  even  tlio  consist- 
IBJ Bgud 30 years,  maricd,  purged  and  sworne,  '  ing  in  wreittinij:  iind  tiikcn  iiiL'oatinent,  are  in 
d^paas,  Timt  John  ^Siireuii,  tln^  pannall,  came  I  lau  -•  n-vo(.'uhle  *•  vi  fidtrtii  non  faelt  in  processii 
fa  la  the  deponent's  sliope,  in  llauiiltoun,  the  ■  *  crimiiiaii.'     Arui  ^vlurinull  Inwc  is  so  deer 

Sof  tiie  rebellion,  and  craveil  him  money,  !  anfl  |.f^/atv(.'  tiiru  It  is  Init  r(-].*it04l  :ii:e  extraja* 
•de  00  annes,  and  the  deponent  trystcd  du'i'ili  ton't  i-lia  l!irap.ki'n  a  ju  iicc  ci>»if:ctefite. 
Kb  wdher  ty  m^  to  gett  his  money  ;  depons  '  if  it  is  u^it  pro  t.rH-:(n-;tc,  is  niay  uppeur  by 
#artbells  wer  in  the  timn  of  ilaniiltoun  the 

Ktbe  imunall  came  to  his  sliope,  an<l  that 
ak  a  bUnk  bond  from  him  for  his  money, 
tike  hade  done  befbr ;  and  this  is  the  truth  as 
'  iiaball  answer  to  God. 

Sic  SubicribitUTy        Ja.  Myrtoln. 


Mathr.ws  p'i'j»'o7(»,  iJi  ti).it  iitli-  *  il<  cor.ti-'isioni." 
*  s|K)ntaiv-:i  |iiT  lotinn.*  Aiul  by  Jtilins  (Maiii'* 
Qnost.  ."it,  ii\\{\  l)\  tiio  .'*i:tii(  ri;it>  and  praeti<'iw 
of  rriininall  lr:l)Linir:!.>  by  I  iia  at  i,'rcal  length 
ritetl,  nnd  tin.'  ini>;t  thnt  over  surh  prt'teii'tit 
contt'Msidns  <'jtlicr  <'id,  orioiiid  opciat  is  bul 
rk-    tn.  AIM  1     ^         p         !•  •        I  iftfficiiitu   ad   tiirturam  v.U\v\i  tli'*  pannall  1.   j 

"'•  T^"^!'  A'L'"r^J'"*:'?'■-_"^.'"l''^'V^    Milloml  ni>.l  ....,lf..r»..e.  auJ  uas  suliJortHl  to 

the  same  up'in  that  vcrie  aerount  that  hL>  re- 
fust'd  to  owiie  or  subscryb*^  ilin  said  pn'tcmlit 
confession.  J .>  kcas  suitahic and  ('Oii>:i'(|uenliall 
to  the  opinion  id'  lawyers  :;ud  the  practise  ot' 
nations  »s  to  ttiis  pouit  the  <.'(>  v.vi  of  the 
2nd  pari.  K.  Ja.  (i,  lUns  po  itivjir  and  in  r.\- 
prcssc  terms  reipixn*  that  a*!  '.vn-its  and  docu- 
ments made  use  of  as  a  inr.m  of  prohatiou 
should  be  taken  in  faro  and  in  \tr*  -sfncf  ol  tht; 
inipieist,  and  so  doer.  Nupiiosc  th^it  it  iiinst  be 
taken  by  the  justices  ■tv/cv/frs/'/n  lr,f.ui:nif  in  a 
formeil  coui-t,  the  inipK-st  lM'in'.v  >-^*«»»ne  and 
present.  ^\  bi-ras  this  pret*  niltl  c'inflssi«ni  is 
allead(<:ed  to  have  bein   i\t\m  *  e\ti-a  circum 


,-J  26  years,  marie<l,  purged  and  sworn,  de- 
Ma  lie  never  sawe  the  pannall  brfor  he  snwe 
t-^Mia  the  pannall,  nor  heard  that  he  was  out 
^ lllie  rehelhon  befor  he  wiis  quri^tioned  upon 
»Jh  lybell ;  and  this  is  truth  as  he  shall  an- 
l«KrtoOod. 

*  Sic  Subicribitvr,        Tho.Alstoun* 

*  Hii  Mtnniie^t  Advocaty  in  farder  probation, 
iiiaeed  the  confession  mentioned  in  the  de- 
lile,  allcadtfM  emmitteil  be  the  pannall  in 

■ee  of  the  lords  of  pri  v  ie  councill. 


Sr  Gtitg^  Lockkart,  for  the  pannall,  al-  ' 
That  any  pretendit  confession  which 


^-^ — , tadvocat  alleadges  was  emmitted  ;  juris  ;'  the  lords  ol  In^  ui:ije-;iies  prive  cirtnicill 

Jythapanoill brfor  the  loru  of  his  majestie's  I  beiug  nouay^j  judvces  coui|iitUjl  to  the  aiiai^ 


787]         STATE  TRIALS,  53  Charles  \l  le^U-^Preceiiingi  mg9m$i 


wtii  proc^  tnii  the  cryiMs  l^MM,  trn^l  to  ir- 
rigate «cid  ioflici  ihe  cnndi^e  punishment  of 
the  samf" ;  all  whii  h  det'eoces  tbe  pftim&t)  pro* 
pooa  M^ra/int,  eatlier  oi'  them  beiiF4^  *  per  ee 
*  et  sepaimtifxi*  rvWvuiM.  And  that  tlior  is  au 
law#  or  pr«cedetit  iipoa  record  wKer  ever  the 
Uke  wts  tveaid  cif  nr  iiislaiueii  lliut  a  priMenilit 
conrnfiiciti  »houkt  be  made  up  in  a  crirninull 
procifs  to  import  foHiiulture  nt  %  nuurs  H'rt'  or 
cttaie  ttpoD  ihe  pretrndit  ilepoBitioTis  ot  wit- 
Beysses  in  respvcl  wlicreof,  ^c. 

His  M«/«li«  AdvtKat  TPpUes,  that  a*  to  the 
ifVt,  ihc  not  subset  i  hill  {<-  o*  the  con  tension  hy  ihr 
^partie  cannot  prejuritfe  ibe  probation,  since  the 
COniesaifin  beinp  read  to  htm  tlehben«tlit;  and 
Teiterailie  it  shall  b^j  offered  in  be  pnjv  en  that 
lie  «!Ould  not  diiiowne  tlie  cnnlessian,  which 
being-  it  im  against  bvf  e  and  reason  that  the 
panoall's  contnmacie  sboiitd  be  of  advantage  to 
DifTii  Kinc«  that  «er  to  make  one  eryme  drCeml 
anotber,  aad  it  is  the  cf>n<*t;int  cuBt<»me  ol'  the 
justice^  and  aayysers,  found  it  u^tnn  excellent 
feason,  to  tind  confessiuns  to  be  sntficient  tho 
not  siibiciibed  hy  the  paitie,  and  tUi.ft  Gogtir, 
fikein,  S  V  11  dycl   Ujion  con 

lession^  lo  fitbscnbe^ 

T(*  I  fill i-^siion  wa s  vt reitlen 

and  vs:^  rr  inconttntnd'.     And 

it  is  pi'3 ...,.,^4)111  tie  pmveij  that  the 

pann&ll  beintr  udvertise«)  of  hi$»  dan^fer  ami  all 
the  articles  rend  to  hiro  one  by  one,  he  positive- 
lie  acquie*eed  m  them  all  exceptini»^  only  thnt 
he  did  not  «i}  that  was  a  reheUion,  *  et  eir- 

*  eeptio  firmat  re<rutam/  and  tbi«  hijKhtens  and 
lessens  not  the  cry  me,  und  that  ther  uer  blanks 
in  11  at  ibe  end  of  the  hnes,  %vherupon  by  order 
of  the  conncill  that  was  acorrd  tho  nio^  unne- 
cessary, vet  to  com  pi  ye  with  him  and  t^^en 
againe  read  to  biro,  and  then  he  bade  nothing 

tOSLJ. 

To  the  3rd,  His  Majesty's  Advocat  i»  wn- 
willini^  tostresch  any  di^batable  poynt^  and  fol- 
lowing the  temper  and  example  of  the  Un^r, 
hiii  maiiU'r,  tJiAi  thi>  iu-<iiilt>  may  kflowe  hoi*e 
h;  MFernment,doeanot 

ili.'-  'ho  taken  in  |ji^iVii) 

and  wlier  the  pannell  was  advertised  of  hi« 
hazard,  yet  that  it  is  only  suHicient  hetnj;;  ad* 
minictilia  hy^  and  joynecl  with  other  prcuiittnt 
IH'ounds^eFidenees^  and  presuntptions,  in  which 
conjunction  his  m:ijesties  udvocat  debates  that 
it  is  one  of  the  strunQTiit  and  i^alidest  probatiotm  ; 
for  who  cane  knowe  a  tnan^s  at    ►  '    iter 

then  himself,  and  tho  wreitts  u  v^d, 

and  ivitne>H*is  may  depone  Itilb.i  -.y4..i»i>ia 
man,  yet  tliela^ve  bes  concUidit  certninlie  that 
a  man  cjiti*  never  confess  faUlle  to  his  o woe 
bnrt,  and  therefoVp  etoi  a  oonfettiion  taken 

*  coram  judice  incoinpeteiite'  i;*  concludinir,  ex- 
cept the  confessor  cane  sliowe  what  inducefl 
hua  to  erre^  tor  which  hfs  majestieij  ad v deal 
4loes  cite  Masrnrd  Condns,  35'?,  num.  V.    That 

*  jttdex  eomfw'tcns  potest  co*^'ere  confessutn  ad 
*'  |ierieferaiitlufn  in  coolwioue  coram  jodice 

*  ineniopetente  fact6  nisi  doerat  do  errore  et  de 
'Mim  lairiaiid**  mhkh  is  m  tootl  reasonable 


I   !lb(rtl4 

:  6ini^  aU 
•  onlf nt  ID 


conehasioii,  and  at  it  wer  Sf^ifisl  AH  m 

again 

MUffiei'':.  •   ^      '         ■■_     : 

t(»  corri^ct   htm&eil   wher   be   1 

error,  aiid  why  be  shwnld  Tarir 

confession,  wiucli  i\i'\n  pan- 

if  he  enne^  his  m5^i*"<tW-s  ^ 

ailniitt  ii  to  his  ^ 

fe«siuhs  are  %'ah(i 

hecitaClarus  §  tin;Ht.  u 

wher  it  is  staled  that  inch 

RUtGeient  *  ad  torturam   i;  » -^  * 

^  confession e  cttncnrraot  a'  ^  »■ 

»ht8  case  wher  it  is  n»'>'*  -^^  wil- 

ueyjsseji  beyond  all  t  ^iWS 

ua«  actuame   upon   •  '^ 

actnallie  with  the  reh' 

in  whithuf  he  was  IIk 

w  hat  WAS  his dcsi^ne,  whn 

a  nflun  himself  h  tlie  m** 

his  owtie  eoolteion  roust 

concluding  and  Jiohd  proi 

conftst,  as  indeed  it 

r.onfession«  even  *  cm 

suthcient  t       ^  " 

most  be  ill 

sion  is  of  u  .^n  .»  %» . 

litHi,  since  by  c*ur,  tn: 

he  suhjectea  to  toriui ;, 

strong  grounds  aiul   prts 

this  patinnll  stiffer  the  v  > 

nor  upon  no  part*  of  his  < 

confession  has  not  takfn  • 

yet  to  take  etfect,  and  his 

qowe  prod  need  t  for  to  am 

which  he  himself  best  ktiewe,  aoU  » 

tnte.     To  whit'h  is  joyn*?d  n<*t  oni\ 

aitionsofn  s>e9  alrea^i< 

that  be  ci  r«aii*mofl 

thrit  thr^  I  1"    ' 

tfl    hv  i.\'  \r''  .r      I 
Wel-l>H4lt;t^^   iMni    ."    "^   »..v 

and  that  he  will  not  yet « 

howe  catie  any  rnak  f*f  . 

rea'^iii  alleadpr 

that  nartie,  trati< 

so  *»tt  with  tliem,  iind  wiil  not  disownc  iL  ttt  *W 

hazard  of  his  ^yf^,  bfing  infalahiir  |>r<ivtii  to 

ha%e  been  npon  the  place  in  an  ht^t 

contest  that  he  was  ther.    Th  f>o  f« 

mater  Hi  rci  gimliiioi^  wh 

why  he  shouhiliavc  emitr 

conft^ssinn  emitted,  as  siiid  iv,  siKunii  km  Oj 

against  htni^  being  admin iculut  as  said  it. 

Sir  George  Lackhart  duplyes,  that  the  pan- 
nail  s  prt»curators  doe  not  at  all 
aeJves  in  the  least  streatened  by  1 
drsceuiht  «ui  by  his  mi^eatti*s  w< ! 
hikein,  and  these  other  truii 
condemiiad,  in  respect  thr; 
to  nor  concscme  the  poynt  in  i|uc«liu% 
tlie  cmitrair  retorts  the  ioataiioe«^  in  wtaA  hrt 
as  tn  the  ca^e  of  all  tliese  psnualls  tbey  w«r 

—  J — -^ 


*"  them 

vrtjxufik 
yes  I 


STATE  TRIALS,  33  CHARtBS 

ialy  befera  tlw  jintices,  aii4  they 
le  nne  jadiciaU  confessioiis  in  pre- 
s  jutkei  and  the  in^eiBt,  and  rane 
est  transports  of  furie  aod  treason 

gthe  101^*8  autboritie,  and  the  au- 
judicatories  dirired  and  acting  by 
lis  majesties  autboritie,  and  so  wer 
)  ffragumle'  and  owneiiiflc  and  com- 
treason  in  the  ^e  of  the  court,  so 
ooUor  or  pretence  of  lawe  cane  be 
these  instances  to  thepoyntnowe 

■re  is  no  lawyer,  and  the  lords  of 
re  desyred  to  cast  ther  eyes  upon 
I  prodooed,  if  ever  it  did  enter  into 
:  or  imagination  of  any  lawyer,  that 
Donfession  of  cry  Dies  import  forfaul- 
and  estate,  not  extant  nor  produced 
and  of  a  judge,  wher  the  partie  can- 
Qt  offered  to  be  proven  by  the  depo- 
imeysses,  was  ever  heard  of  or  sus- 
ch  not  only  ihe  generall  principle  of 
I  reprobat,  but  even  the  lawe  of  this 
iven  tfi  judicio  civi/t,  wher  the  im- 
log  else  but  a  pecuniary  interest  for 
fessions  being  but  '  nuda  omissio 
,'  depositions  of  witneysses  are  not 

ne  thesaroe^  even  to  the  value  of 
^  ounds  Scots,  and  it  is  a  nottor 
'I  that  a  pretendit  judiciall  con- 
d,  made  belbr  the  lords  of  ses- 
» of  Osebum  and  Buclianan,  tho 
oder  the  clerks  hand,  was  not  sus- 
le  binding  or  make  fiuth  unlesse  it 
■obscribed  by  the  partie :  and  ane 
•D  by  the  English  judges  for  the 
B  tMt  ground  against  Buchanan, 
d  since,  his  majesties  restouratioD, 
I  of  session,  Od  being  absurd,  irrele- 
Mtrair  to  lawe,  ami  it  wer  a  strain^e 
d  consequence  that  if  the  depositions 
Rt  cannot  be  admitted  to  prove  a 
even  as  to  the  meanest  civ  ill  effect, 
bouM  be  allowed,  and  sustained,  in 
proces  or  witnvysses  heard  to  de- 
ft the  tenor  of  parties  confessions 
»  make  any  mean  of  probation,  and 
ich  the  act  of  imrliumeni  above- 
it  repeiled,  a^dinst  wliicli  tiier  ney- 
be  any  thinjt^  aus^wered.  As 
es  that  extrajudicial!  onft-s 
^  coram  judice  iiicoinpeteatp' 
I  *  in  modom  adminiculi  nit>i 
la  arrore,'  does  not  at  all  ctmcenie 
s  it  is  only  true  wher  *  con- 
i  de  veritate  actus'  by  prodiic- 
coafaHioii  itself,  in  which  case  it  is 
(Mlthat  whither  it  be  the  case  of 
iftwifius  oreitrajudiciall,  if  the  par- 
*  ^csre  de  errore'  he  inav  retract 
ill  tgabat  the  coniession,  but  here 
i  m  that  the  confession  *  de 


k  MMirit  leriptnram,'  and  moat  be 
I  Mll^  ineootinenter*  when  a  per- 
il ^W^imr  it  be  a  judiciall  ooniessiou 
Irfdi.  whWi  ia  Dot  in  this  case,  and 
tif  fnbatioB  by  wStaeytiv, 


II.  l6Bl.Spreu1land Rrgti8<m.        [790 

that  being  to  lay  a  fnndation  for  drawmg  the 
lives  and  reputations  of  aH  men,  into  evident 
hasard,  and  the  pannall's  procurators  oppoiis 
the  authorities  cited,  and  the  lawe  said  well 
that  <  nisi  totd  lege  perspectd,'  it  is  absurd  '  d^ 
'  eft  judicare,'  and  the  words  immediately  fol- 
lowing the  pUce  cited  by  Clarus,  does  clear 
the  citation,  and  dounriffht  militates  against  bis 
ms^jesties  advocate,  and  as  to  all  the  concur- 
ranee  and  oualifications  of  the  other  adminicles 
insisted  on  by  his  majesties  advocate,  they  are 
neither  proper  to  be  debated  nor  answered  hoc 
loco,  but  only  pro|)er  to  be  represented  to  th^ 
inqucist,  and  then  shall  be  aufficientlie  taken  off, 
answered  and  satisfied. 

Mr.  David  Thor'u  farder  adds  aqd  repeits 
the  decision  of  this  court  m  the  case  of  Ro- 
bertson, wholiaying  contest  the  murder  betor 
three  commissioners  of  justiciary  and  the  king's 
advocat,  and  Jiecoufessionbeins;  subscribed  by 
the  three  Lords,  Advocat  and  Clerk^  the  LonM 
refused  to  sustain  the  said  confession  either  as 

*  plenam'  or  <  semiplenaqi  probatiouem.'  .  In 
rpspect  it  was  not  taken  by  four  of  the  justices 
(who  are  only  a  quorum)  '  pi*o  tribunals  ss- 

*  dente.* 

Tlie  Lords  Justice  General],  Justice  Clerk, 
and  Coumiissioners  of  Justiciary  having  con- 
sidered the  debate,  they  refuse  toKuatame  the 
confession  (to  be  proven  by  witneysses)  as  a 
mean  of  probation  either  plenarie  or  admini- 
culat.  His  mi^esties  ailvocat  desyres  the  pan* 
nail  shoaUi  be  interogat  be  the  iocd»  of  jus- 
ticiary whither  or  not  he  thinks  the  being  at 
iSothwelbridge  a  rebelliun. 

The  pannall  answers  that  be  oonceaves  he  is 
not  oblig<*d  to  answer,  l)ecause  it  is  nut  tlie 
cry  me  ly  belled,  and  he  may  be  as  well  inferuuat 
u|K>n  any  povut  o\  treason  The  lords  ha«  ing 
intcrrogat  the  pannall  if  he  apknou  ledged  the 
rvseing  at  Bothwelbridore  to  be  a  reiielhon. 
The  pannall  answered  i hat  it  was  not  a  part  of 
the  cr^me  ly  belled,  and  th:.t  his  luttu'^  lylf 
should  witnes  him  to  be  b<*th  a  gin,d  sr')je^>t, 
and  fi;tiod  Christian.  Uis  majesties  aiiM.eat 
closes  the  probation,  and  protects  for  ane  assyse 
of  ern>r  against  the  inqueist  in  case  Uiey 
asrulizie. 

Tlie  Lords  ordaine  the  assise  to  inclose  and 
retunie  tlieir  verdict  to  morrowe  at  8  o'clock. 

Curia  Justiciari£,  ^i.  D.  X.  Ue;^is  tcnta  in 
Pretoi'io  Burgi  dt:  Edinburt^ii,  ileriino 
quaito  die  niensis  J uiiii  ]Oijl,fHT  .Nubilem 
ct  Poteotem  Comitcui  (iiiliirlu.  m  Couii- 
tem  de  UuecD&jeiiy,  Jiisticiuiiuni  (icue- 
ralcm,  ({itcharduurMaitlaud  .It^  Onddop, 
Justiciurie  Ciericum,  liobcr'U.n  Doininum 
de  Nairn  DoiniuuK  Jucubuui  I'ouiis  ..e  Co- 
lintoun,  Usividein  Bultourth-  i*'(irret,et  Ua- 
viduiii  L'Viconarde  Nmvtoiuit  nmunssioiui- 
rios  Justiciurie  dicti  b.  L>.  N  Kegis. 
Cut  ia  legitnue  utiirmata. 
The  persons  who  |Mist  u|ion  the  assyse  of 

Robert  Ferguson  ot  Lettcrpia  returned  ther 


79 1]     STATE  TRIALS,  32  Ch  arlbs  11.  l680.— Tn'a/  of  Datid  JE/acfafom,    [70 

The  pannall  and  his  procanion  talm  insln 
meuts  upoa  the  verdict,  and  cnired  the  panni 
John  Spreull  may  be  sett  at  liberty. 

Ilis  Diiyesties  adrocat  produoed  aneact  • 
Coancill  ordaining^  him  to  bedeuined  in  pn» 
whereof  the  tenor  followes:  *'  £dinbur{(U,  d 
fourjteiut  day  of  Jane,  1681.  The  lords 
his  majesties  pnfie  council  I  doe  hereby  ^i 
ordor  and  warrand  to  the  justices,  notwiti 
standing  of  any  verdicl  or  seuumce  returned  < 
to  be  pronounced  by  them  thereupon,  upon  tl 
criminal  I  diitay  latlie  persewed  against  Job 
Spreull,  to  detaine  him  in  prison  until!  he  b 
examined  upon  sererall  other  povnts,tbey  btr 
to  lay  to  his  chairge.    Extract  by  me. 

«<  Sic  suburibUur^       Pa.  Uexzeu." 
*   . 

The  Lords  Commissioners  of  Justiciary,  ri 
respect  of  the  said  Act  of  Councill,  did  rau 
tlie  said  John  Spreull  back  to  prison. 


▼erdict  in  presence  of  the  saids  lords,  whereof 
the  tenor  Ibllowes : 

The  Aiisyse  all  in  on  Toice  finils  Ferguson 
of  Lettei'pin  to  be  guilty  of  rebcllioo,  and 
being  at  liothwclbrid^e  by  his  own  confession. 

SiC  Sub&cnbitur,    WiLt.  Steivi!<son,  Chan. 

The  lords:  for  sevrerall  cauyses  moTeing  them, 
continued  the 'pronouncing  of  Doom  and  Sen- 
tence against  the  said  Robert  Ferguson  of 
LeLterpin  till  the  second  Monday  of  November 
nixL 

The-persons  vsho  passed  upon  the  assyse  of 
John  Spreull,  returned  thcr  verdict  in  presence 
of  the  saids  lords  whereof  the  teuor  foUoives  : 

<  The  Assyse,  having  considered  the  Depo- 
<  sitions  of  the  whole  witneysses,  led  and  ad- 

*  duced  against  John  Spreull,  una  voce  finds 
,'  nothing  proven  of  the  crynios  contained  in 

*  the  Lybell,  which  may  make  him  guilty. 

*  S^  suUcribitur,  Will.  Steivinson,  Chan.' 


316.  Trial  of  David  Hackstoun,  Laird  of  Rathillet>  for  Treason 
and  Sacrilegious  Murder:*  32  Charles  II.  a.  d.  1680.  [No« 
first  printed  from  the  Records  of  Justiciary  in  Edinburgh.] 


CuAiA  JusTicuRix,  S.  D.  N.  Repfis  tenta  in 
pretorio  burei  de  Eilinbur^h,  30  die  Julii 
1680,  per  lionorabilis  \iros  Guliclmum 
Comitem  de  Uucinsbcry  Justiciarium  Ge- 
neralem,  Ritchardum  JVIaitland  de  Dudop, 
Justiciarie  Clericum,  Duminos  Jacobum 
Foulis  de  Colintoun,  It(>l>ertnm  Nuirn  de 
Slrathurd,  Davidem  l>allbur(Ierorrct,  Da- 
\ideiii  Falwuier  ile  Ncutoun,el  Uugeiuin 
llogcdc  Ilarcarss. 

Curia  Ic^j^itimeaiTinnata. 

Intran 

David  Hackstpun^  of  Ratliilct,  Prisoner. 

Y  E  arc  indytcd  and  accused,  that  whcr  not- 
%vitlisLiudiiig  from  the  lawe  of  Go<l,  the  lavie 
of  nations,  and  the  uiiiuicipall  lawe  of  this 
kin;;dome,  and  the  alleud^iance  of  the  subjects 
thorrof,  ther  Ivc  p;reat  obli;^tion.s  and  bonils 
ii{K>n  them  anil  you,  to  niiiintainc  and  defend 
the  royall  and  sovi>rci£>-ne  power  and  aulhoritie 
of  the  kind's  majestie,  uud  that  be  tbc  common 
lawe,  the  laueof  nutions  and  acts  of  purliament 
of  this  kingdonic  and  constant  practice  thereof, 
the  ryseingr  of  his  majesties  subjects,  or  any 
number  of'them  joyniu^r  uud  assembleinc^  toge- 
ther in  armes  without,  and  contrary  to  his  nia 
jesties  royal  command,  Warrand,  and  aulhori- 
tie, and  the  abaiting,  assisting;-,  recepting-,  inter- 
communine,  and  keeping  corresfHHidcnee  with 
such  rebells,  and  supplieing  of  tliem  with 
levies  of  men,  horse,  money,  armes,  and  fur- 

*  >Vith  respect  to  the  union  of  heteroge- 
neous Chai^ges  in  one  Dittay,  see  in  this  Ck»l- 
lection  the  Case  of  Miirne  and  OgilTv,  a.  d. 


nishingof  them,  with  meat,  drink,  powder, Ml 
or  other  munition  bellicad,  are  mostdctertiMi 
horrid,  hynons,  and  abominable  crymcsof  rs 
hellion,  treason  and  lese  maje$iiCf  and  are  pi 
nishable  with  forfaultour  ot  ly if,  lands,  hoc 
tages,  and  escheat  of  moveables,  and  be  tb 
Hrst  act  of  the  18  parliament  king  James  At 
the  estates  of  parliament  faitht'uUie  prnaii 
perpetually  to  obey,  maintaioe,  and  detieod  di 
prerogative  royal  *  of  his  sacred  majestic,  hi 
aires,  and  buccessors,  and  privdedges  of  hi 
hynes  crown,  with  ther  lives,  lands,  and goodi 
and  Ik!  the  6th  act,  1st  session  of  his  majeitie 
first  {Kirliament;  it  is  declared  that  ii  shi 
be  hye  treason  to  the  subjects  of  this  king 
dome  or  any  nund>er  of  them,  more  or  km 
upon  any  ground  or  pretext  whatsomefcr  I 
ryse  or  continue  in  amies,  to  make  peace  < 
warr,  or  to  make  any  treaties  or  leagues  wil 
foreign  princes,  or  estates,  or  amongst  tbea 
selves,  without  his  majestie's  s|>ecial  aotborit 
and  approbation,  tirst  interponed  thereto,  ai 
I  all  his  majesties  leidges  are  discharged  opo 
!  any  pretext  whatsoi>vcr,  toattemptany  of  CMl 
,  thuigs,  under  the  paine  of  treason ;  and  bell 
7  art,  1  session  of  his  majesties  tufst  pariii 
ment,  tht;  late  Solemne  League  and  Coveoao 
or  any  other  covenant,  or  public  oath  is  dii 
cliarged  to  be  taken  be  any  of  his  maieiDt 
subjects,  uj>on  ther  highest  |>errill.  Andbtd 
2d  act,  2d  session  of  his  uis^jesties  first  pariii 
ment,  it  is  statute  and  ordained,  that  if  n 
person  or  persons  shall  herefter  plott,  cM 
trive,  or  intend  death,  or  destruction  to  d 
king's  majestic,  or  any  bodiely  harme  IcoA 
to  death,  or  destruction,  or  any  rettrtint  api 
hiiToyal  person,  or  to  depry ve,  depose,  or  ii 
peod  bim  Irom  the  style  Woar  andkiBli 


STATE  TRIALS,  32  Charles  II.  1680.— /n*  Treason. 


[7M 


iftba  imperial]  crown  of' this  realmp,  or  j  of  Wi^ftoun,  Stewnrtrie  of  Kirkcodbrifpht, 
her  of  his  n]aje<<tip's  dominions,  or  to  ■  DumtrieM  shire,  K«'iitiewe,  Lanerk,  and  other 
J  him  iiroin  the  exercise  of  his  royul  ^i-  j  shy  res,  within  thi»  kingdome,  and  ye  havings 
rut,  or  to  W\ie  Mart,  or  take  up  amies  ,  roUxl  his  inajeAie^s  dutieiull  and  good  subjects, 
his  majestie,  or  any  roii»iiiiMs]»nat  by  •  and  tr«iasonabhe  4juartered  upon  them ;  ye  did 
'  shall  mtyBeanystra;t);rirs  to  invade  any  .  siqiplie  sheher  and  protect  Mr.  John  Welsh* 
najeMio*s  doniiiiiuns,  aod  sliad  hy  wreit-  !  Mr.  Samuel  Amot.  lorfaultand  declared  rehells 
intiuif,  or  other  mahciorp  and  nd\ise(l  >  for  tlie  rebellion  1666;  and  ve  and  your  ac- 
ijir,  expH'sse  and  declaie  such  ther  trea-  I  eoinpliccs  having  marched  to  Hamilton  Muir, 

did  take  the  bolrines  upon  you  to  issue  procla- 
mations, and  prim  declarations,  bearing  the 
treasonable  grounds  of  your  rebellion  ;  and  did 
pio^umc  to  modell  and  give  your  rebellious 
assnciats  the  name  of  ane  army  ;  and  you  did 
modeil  and  forme  yourselves  in  troups,  com- 
panys,  and  regiments,  naming  coUoneUs  of 
r^inents,  captaines  of  companys,  commanders 
of  troups,  and  other  officers,  under  the  com- 
mand of  the  impious  and  bloodie  murderen  of 
the  late  archbishop  of  Hf.  Andrews:  and  ye 
and  your  rebellious  and  treacherous  accom« 


!  intentions,  every  such  pt^rson  or  per- 
aing  upon  siifiicient  probation  Icgallie 
thereof,  KJiall  b«'  ilooirml,  <le(*1are<l,  and 
nl  traitore,  and  sli:dl  sujler  Uirfnultiiic 

honour,  laiidn,  and  i^ofids,  as  in  the 
fireiicon.  Yetyothes»id  Daviil  liack- 
if  Ratbilet,  a  disoliit,  flairitious,  and 
treacherous  villain,  sharking  off  all  fear 

conscience,   and  ftense  of  <liity,  atlca- 

and  loyaltie  to  your  soveraiirne,  and 
mnce,  upon  the  saiifitie  of  whiise  sacred 
and  mantinance  of  whose  soveraigne 
lieaofl  princliep<iwerthequvetne8,  sta- 
nd happienes  of  the  ficople  ifoes  dp|»end, 
i  moat  perfidiously  and  treas<inab1i«*  pre- 
tu  conimitt,  and  are  guilty  of  the  crymes 
nentioncd.  In  suae  fare  as  ye  aifd  the 
and  sacraligioiis  murderers  of  the  late 
ibop  of  Kf.  Andrews,  did  goe  into  the 
B  kliyres,  and  did  trc'asi>nablic  joyn  in 
vitb  lUibcrt  Hamiltoun,  brother  to  the 

Frcstoun  and  his  ac;complices,  fIi.<Mdut 
yitiuas  |icnmnf,  to  the  number  of  three 
M  upwards,  and  upon  the  twcntic  nyntli 

1679,  a  day  appoynted  for  a  isolemne 
^ing'  for  hiK  niajeMi«;*s  rent  miration  to 
ill  government  of  this  kinirdoine,  goe 
4iigbe  of  Kuthor^len,  and  tlicrc  proud- 
treasonablie,  efter  reading;  acts  of  ther 
jfBJng,  shacking  off  your  allcngiance  to 
ettie,  ve  most  treasfinahlie  ant!  wickcdiic 
evei all  acts  of  pariinineiit  a«<serting  his 
iVi  prerogatives  and  establish  in  ij  tlie  pi- 
nt of' the  church,  drownd  out  boncfyres 
,  in  oominemoration  of  that  day,  and 
rye  and  they  continuing  and  ubydingin 
■Mwabic  armes  ye  and  your  rebellious 
B  In  the  uiimber  of  diil  way  la}'  a  fewe 
ill  panic  of  men,  under  the  command  of 
d  ol'  Claverhouse,  and  ye  and  your  ar- 
cs did  most  crilellie  munlcr,  and  kill 

of  bis  majestie's  Sfmldicrs  under  his 
Bd,  and  ye  beintr  prouti  and  insolent  of 
esBoasble  cruellies,  mimlers,  and  villa- 
d  hsving  assembled  and  con\ocat  the 
'Sftiro  or  three  thousand  men  in  armes 
m  day  of  June  lOrP,  or  ane  or  other 
liyes  of  the  said  iiioneth,  ye  and  your 
lices  did  mrst  treasonablie  attacqiie  and 
a  small  partie  of  the  kiii<;'i»  lurces  with- 
lof  Glasgowe,  by  u  hom  yc  and  your 
i  repuliM;! I,  and  delate,  and  \  et 
MMUSged  and  imboldened  with  ctmAu- 

rv  numerous  and  rebellious  accoin- 
did  swell  and  crrfiue  to  tlie  number 
rtMhMr thousand,  did  robb,  pillai^e,  and 
Arhone,  srmes,  powder,  ball,  and 
MHBMli  of  warr,  throwout  the  shy  res 


]dices,  did  incamp  at  Hamilton  Muir,  for  aC' 
vcrall  dayes  together  in  June  1G79,  ye  did  ob» 
sthiatlie  continue  in  armes,  ye  did  make  de- 
tachments for  rifleing  and  plundering  of  the 
country,  to  make  provisions  tor  ther  rebelUous 
camp,  and  that  notwuhstanding  ot  ane  procla- 
mation issued  furth  by  the  lords  of  his  majes- 
tie's  Pmic  Councill,  declairing  your  said  in- 
surrection to  be  a  manifest  and  horrid  rebellion, 
and  hye  treason,  and  commanding  you  and 
your  rebellious  accomphces  to  desist  and  )a^ 
down  your  reliellious  armes,  and  yet  ye  did 
most  treasonablie  continue  and  abyd  in  armes, 
and  ye  did  beat  parlies  be  drum,  and  did  take 
the  bdldncs  and  presumption  to  send  your  com- 
missioners to  the  royol  camp,  and  ye  and  your 
rebellions  accomplices  did  treasonablie  requyre 
the  subversion  and  overturning  the  goverment 
of  the  church,  and  proudhe  and  insolentlie 
boasted  of  your  treasonable  armes  in  which  yc 
and  your  accomplices  did  treasonablie  continue 
iiiitill  the  twentic  second  day  of  June  1679, 
that  his  majestif*s  forces  did  assault  and  at- 
tacque  them  at  Uothelbridge,  wher  by  God's 
blissing  upon  his  majesties  forces,  and  be  the 
valour  and  conduct  of  James  duke  of  Uuc- 
deugh  and  Monmouth  his  majestie*s  generally 
and  officers  and  souldiers  under  his  conduct ; 
ye  and  your  numerous  and  rebellioua  army 
iver  disipat,  routeil,  and  vanquished,  and  yet 
ye  persisting,  ami  abyding,  in  ane  series  and 
tract  of  rclicllion  and  wickedness,  as  if  ye  hade 
bein  made  for  no  other  end,  then  to  be  ane 
coemic  to  government  (and  so  to  mankind)  and 
to  deminish  and  lessan  that  authoritie  which  by 
your  duty  and  alleagiance  ye  ought  to 
have  maiitained,  and  under  which  ve  have  behi 
so  long  protected,  ye  and  Mr.  lUtcbard  Came- 
ron, Mr.  Donald  Cargill,  and  others  your  im- 
p.oiis,bloodi?,m  ordering  accomplices  did  drawe, 
contry  ve  and  forme,  two  most  treasonable  pa- 
pers,* the  one  calle<l  theFanaticks  New  CoTe- 

*  As  to  these  two  Papers,  (the  Queens- 
ferry  Paper  and  Sanquhar  Declaration),  see 
tlie  case  of  Mr.  Donald  Cargily  in  the  next 


STATE  TRIALS,  52  Ciusles  U.  le^e.-^TViMl  of  Dmti  B^ktimm,  [7 


(tekMi   from    Ut. 

«MM  tlie  D«clu 
AniMdalic^  .. 
isMiScoliu 

"Weiiui 

alltkitjoyiie  with  r 
^  ^ujt  loii  by  UoU,  ou 


DoonU   Ctfgfl],  at 

leneoHaiPAr- 

oort^Tflt,  ami 

re  loiiB  being- 

Ke«  and  iu4*p. 


doe  biud  ourxnulU  huU  u  sulvmne  and  waerciJ 
bond,  leftton  the t^nc hand  nc should  be curyeil 
«irav  with  the  stivauu'  of  ji|Mj«tjicie  and  dr- 
laeUoa  of  the  church  m  ihiM  tymi%  and  the 
ulker  hand  lest  we  should  (not  beiu^  m^  ei>- 
gat^ed)  evanish  iu  vatiitie^  and  he  \rfthout  a 
n«^hl  rule  in  good  desi^s.  We  have  judg-tKl 
iioLU'  duty  stgaine  to  oi>venaut  with  Had  and 
one  oauther,^ And  to  publi&h  this  d^clarnUou 
Iu  the  world  of  our  [KU'posi^'s,  that  men  mwy 
kaair  our  moAt  mward  tlioo^^itH,  the  rules 
wie  walk  by,  and  the  outm^j^t  i  uds^  \«c  havv 
bdW  our  eyes  fur  thU  intent,  th.it  those  who 
are  lovers  oV  God,  zealous  of  hit  rei^niui^  in 
glory ^  and  des>Tous  of  I'eformatiou,  and  (he 
prupa^^ation  uf  his  kingdofne^  may  hwn  CMaca- 
lion  no  more  to  bej^ouaof  our  inltotiiiiifi, 
and  others  may  have  no  ifmujid  to  Ir^atl  ns 
with  odious  and  fuuU  aAjienuan^  ;  but  that  all 
knoWitio^  the  truth  of  uh,  if  ih  '    trive 

a^4in»(t  U6  and  Uie  truth  with  ie  it 

withauteitcu*e  I"  '  1  cuovkih n.  umiihat 

tbofie  who  shall  :  ns  may  doe  it  u|H>n 

i<did  anil  uodoi  '-    --Mt,«u   [{^^y 

^  and  we  may  v\  \n\* 

'  he  to  pcinyewe  .  .  ,,:ul  in 

lfom\  purple.  <^  uoi  ig- 

norant of  the  ;^  im  i^  faihui^, 

euunteracting  and  mi»okui;4^^  that  nun  been  in 
^  oiir  former  towaanil  eovenaut^i  mth  God,  and 
'  ot  the  ^reat  judifments,  that  Laih  and  are 
^  like  to  tbllo«i  aiuch  impious  and  siiif  ult  iltfal- 
'  mg  with  God  in  Kuch  wt'i^hty  mutters  (tVir 
'  whii-h  we  holh  ought  ;unl  tiesyre  to  be  luim- 


'bled  I: 


I )  kvhich  eajHiot  hut  luake  us  with 


fre;\i  ufhtyirt  enter  into  now e  ones, 

•  'tuour  oi^n  weakness  and  readi* 
I  pbe,  a  d  thei^reat  hazunl  and  dan- 

.,  I  ..,vx  -   yr  I  n,-.  A,  •.,,..   of  reco- 
I  the  con - 

^      __       ■  ;     _L_      _.-    .,.     _,    _:    _  ' .,.'  lit  nit-iiri. 

the  zenl  to  l*od't(  glory  and  L'hriii> 

i which  ifl   the  htglu.si   und  most  ac      , 
luly  man  cine  nttfornie   to  lU»i)  hoping  iur 
Ins  mercies  (.. Luiji  witness  to  the  iiite^^nty 
t  of  onr  heart;  and  rightnes  of  our  iutenlioniiij 
»  that  he  will    inslruet,   dtn^ct,    accept,  and 
^  prosper  ui,  wc  goe  forward  dtfelairitig  that 


1681.  Wodrow  liaa  to  his  Appendix 
.  46t  47 y  (iriuted  these  two  Papers  ;  im  r«* 
ntation  of  them  \u  more  full  than  that  in 
;  Q^HXird  of  Jui»ii('iary.  There  are  alto  fre- 
qoeol  fariationa  of  phfa9eolo|(y,  bc-iweeti  the 
two;  and  Wodrow 'n  re|kori  i«  much  the  more 
-connect  oa  to  orlhog^ruphy  and  punctuation.  1 
iftre  iosorteil  fruai  WoJrow  the  most  iinpor- 
tmt  |i4«»«ici?«  which  do  tmt  ap^r  ia  the  Ec- 
c^rdiof  JuiiiiGktry. 


bat* 


99#mi^  dflv,  bttt  wiMt  we  ht 
our  dcfigr^e* 
**  Imo.  We  covf«ii!at  aful 

taV'"^"    " '»ty  true  and  hvlog^  Godt,  ! 
8iii  \  C*mU  to  be  wu  Gv^ 

tak.  :\  vh  to  tile  cii«rttft 

nesse  oi  lua  lk«i  m  the  onlir  rif 
that  caQ«  justiHe  tia  krtbrc  Uod^  maA  i 
takv  \m  »eripturea  atid  word  lo  be  Hk  oliact 
of  ^ur  faith  and  rale  of  our  contemim  ia 
all  thioga,  «cm1  thai  we  abkll  give  it|i  mn^im 
lo  him  to  be  rvaeweil,  losiraclHl,  md  nil 
thiu^d  ruled  hy  his  apiril  iiotwiiliug  l»  tkt 
worrl,  and  ahall  fsvroMljr  eadHAVimt  fcrjr  hii 
^race  to  render  to  bin  tlial  love,  w^niltip  ^ 
obedienoe  tteu  his  ward  rec^tiirai  ami  tiia  goo^ 
nesio^ages  ir  '  V      ' '^    ^  Hat  wrvabtUvtW 
oiUcaoat  of  ot:  v  the  ktnfiftaotar 

Christ  eslahit...  ,.^.  ,»^.wul  iha  kali  (ifit 
any  ty  me  hei^ficr  Gml  ahftll  eiire  ua  thntf- 
portiiiMlv.)  ri^hteouaataa    aaa  iW  tmv  »> 
ioi  M,|j^  in  ihetrtitlt  of  itb 

tbt  mI   power  ot  its  wars!  ^ 

ttinai*i;CH»«   «aid  in  ita  disci  pUn    mnd  ^ii«w»* 
meat,  and   IW^p  the  church  of  GckI  IhMitbli 
thraldoi  .i^,  incrcnushmcAt) 

rupUoii '  ^>ii  the  9b%  K«iid»  i 

tia^  r,  and  that  we  t 

p<J  cliupeh   and 

lhi3  KiiJi^jiiujii  ^^"t^  l^triiig  caJU  '    '* 
glvini"  ot  u«   powtr,   \mv^tir  I' 
tod--'-— 1'^  .a  ♦!...,  ............. 

ex ' 

atKi .  .  ,  __ 

without  leur, and  [<  <  rr  cud  ngbiaii 

(juyetnes  wiLhiJUt  ni  <.* 

3"*  *  That  \4 e  shall  cudcuvour  to  our « 
the  extirpation  of  the  king-dntn  of  dnrl 
and  Hlmrsoevrris  ' 
Chrisft,  and  e^pei 
in  all  the  articles  vi   it,  att  ul  a^e  hou 

*  In  Wo<lrow  atler  the  aeoonil  htad  ki- 
lows:  Thirdly,**  That  we  coiifea»  \*ith  «ur 

*  mouthy  and  heiieve  with  our  hrairlaY  lliat  ibe 

*  doctrine  of  the  reiunucd  ehurolieai  psfwitfj 

*  that  of  Scotland.  couUiu/hI  in  0»*»  '-'^•^•iiiiip, 

*  aunnued  up  in  our  oim§em<'  u,  iikl 

*  vuiT-ii^xd  to  by  us  iu  ourcovei  .    otJ^ 

fraie'ttf  G' 
le  in  tt  to  >i 
t^viftkup  rcijuiretl  :i  cd  in  th«  >csiif • 

turei,  wnhont  the  h  fidttiottf^ailm* 

iugfv,  or  e^nruptioii^  Ait  <  <v  tnH 

worship  ot  Gt>d»  and  iht  .  i»«a^ 

inentcMTcised  hy  lawlut  viunisiuii  ^indaMert 
in  Iwirkiittitviona,  t^reshyteriea.  8ytiadiao<IOl' 
uerai  A^aeiuUtes,  ia  tho  only  riglti  giiMV* 
ttieut  of  the  church,  und  that  this  ipaf  amwiit 
ia  a  distinct  gtiTerameiti  '---r  f^-  —il,  ani 
ou^^ht  distiactly  to  he  <  i  t«r  a 

carnal  manner  hy   th*   .  .^  or 

anthoritv  of  a  sinu 
the  Word  of  God,  .• 
car  icncejamJnotpJumiit^aiirciMa^" 

And  1  ti  IS  the  M  head  lo  the  Mit,  m 

Wodiuw  ia  ihe  ^. 

9 


STATE  TRtALS,  32  Charles  IL  1680.— /or  Treason. 


[798 


I  eoremBt,  and  siinerBtitimi,  will 
ip  and  prelacie  with  its  liierarch y,  as 
B  bomd  hi  OUT  Solemft  League  anil  Co- 
t,  and  that  we  ahall  with  the  saute  sin- 
endeavour  (God  giving  as  assistance) 
OTtbrow  of  tnat  power,'  that  liath  es- 
kA  that  prelacy  and  erastiartism  over 
laroh,  and  exercises  such  a  Instftil  and 
iry  granny  over  the  subjects,  seeking 
to  introduce  idolatry,  and  BU[icrstition 
ae  lands  contrair  to  our  covenants,  an<l 
pord  that  we  shall  endeavour  the  extir- 
I  of  mil  the  works  of  darkness,  and  the 
I  of  idolatry  and  superstition  (which  arc 
nncfa  enlarged  and  revived  in  our  tynies) 
Kent  righteous  iudgement  impartiallie 
r£ng  to  the  word  of  God,  a[nd  degree  of 
dnesa)  upon  the  committers  of  these 
I,  tat  especially  blasphemy,  idolatry, 
Miy  toroery,  peijurv,  uncleaaness,  jiro- 
on  of  the  Lonl's  uay,  oppression  and 
IMDcy,  that  being  thus  zcalons  for  God 
ty  delight  todwcTi  among  us. 
*  Seriouslie  considering  that  the  hand  of 
inga  has  bein  against  the  throne  of  the 
ud  that  now  lor  a  long  tyme  the  suc- 
■  of  our  kings  and  the  most  part  of 
olcn  with  him,  hath  bein  against  the 
e  aod  power  of  reli^on  and  gfuliienc^s, 
freedom  of  the  chi»ch  ot*  Uxh],  and 
iegeuerat  from  the  vertue  and  good  go- 
HBt  of  ther  predecessors  unto  tyrauny, 
wtk  of  late  so  inanifestlie  rejected  (lod, 
fffiee  and  reformation,  as  a  slavery,  as 
dMnmelves  call  it  in  ther  publict  papers 
sally  in  these  last  letters  to  the  king  and 
of  Lauderdale)  disclaiming  th^r  co- 
twith  God,  and  blasphemously  iimiting 
c  bamt  by  the  hand  of  a  hangman,  gii> 
d  contrary  to  all  right  lawes,  divin  ami 
n,  exercised  such  tyranny  and  arliitrary 
ttuient,  opprest  men  in  ther  consciences, 
ivil  rights,  vsed  frpe  Kuhjeirls  ((JhristiiUi 
men)  with  less  discrution  und 


•  then  ther  beasts,  and  S'>  ntit  tinly  (Viis- 
be  great  end  of  govemmi'nt  (w  hi,*ii  is 
mav  live  godlio,  lioiil\  and  pcace- 
tCem,  and  nii'cht  bo  niri'iTriinnl 


!rri|^litii  and  liberties  from  iiijitric  and 
g)lrat  hath  also  walkerl  central y  to  it,  so 
t  can  no  more  be  called  a  trovurnnieiit, 
I-  Instfull  rage  exercised  with  as  little 
reaaou,  and  itith  more  cruelty  then  in 
ii  and  they  themselves  can  no  niui-e  lie 
Igwremours,  but  publict  grassators,  and 
Ct  joilgmeBts  which  all  men  oui^lit  as 
■dy  lo  bbour  to  be  free  of,  us  of  sword, 
w  or  pestdenas  ra«|^;inr^  nmongst  us, 
beridea  hath  stopped  (insi«:a(l  of  punish- 
ftm  ooorseof  lawe  and  justice  against 
laHp  blasphemers,  atheists,  murderers, 
MtOit  ami  adulterous,  and  other  nnic 
Hf  aad  instead  of  rewarding  tJie  good, 
MMte  butcheries  and  murthcrs  on 
iMvAfeople,  sold  them  ns  sluvc<;,  im- 
ia^fiNmited,  banished,  and  ftnen  tlirui 
I  m  afllar  aeeonnt,  but  for  matttaining 


*  the  Lord's  right  to  rule  consciences  against 
'  the  usurpations,  of  men,  for  fulfilhng  ther 
^vowe8,attd  repelling  unjust  %'iolcnce-,  which 

*  innocent  nature  allows  to  all ;    of  all  which 

<  and  more  particulars  we  can  give  (we  speak 

*  as  befor  God)  inunmerable  andsure  mstances. 

'  [But  that  we  may  see  if  there  be  any  thing 

*  that  stands  in  our  way  ;  there  are  but  three 

*  things  that  seem  to  have  weight  that  we 
'  know.  First,  Whether  the  deed  ami  obliga- 

*  tion  of  our  ancestors  can  bind  us.    Secondly, 

*  Whether  the  covenant  doth  liind  us  either  to 

*  this  man  or  his  pf>sterity.  And  thinlly,  Wbe- 
'  ther  there  yet  be  any  hope  of  them  and  their 

*  (KNiterity. 

*  1st,  As  to  the  first.    Our  ancestors,  their 

*  tmnsactions  and  obligations  neither  did,  nor 

*  could  bind  us,  they  did  not  buy  their  liberty 
'  and  couquest  with  our  thraldom  and  slavery  ; 

*  nor  could  they,  liberty  and  freedom  being  a 

*  benefit  next  to  life,  jf  not  in  some  regard 

*  above  it,  that  they  could  not  give  it  away 

*  more  than  our  lives,  neither  is  it  in  the  jiOwer 

<  of  parents  to  bind  their  posterity  to  any  thing 
*•  that  is  so  much  to  their  prejudice,  and  sigainst 

*  their  natural  Kberty.     Itisothenvise  indeed 

<  in  thinpfs  moral.    Neither  did  they  bind  ns  to 

*  any  thmg  but  to  a  government,  which  they 

*  then  esteeiKcd  the  liest  for  the  commnnwealtn 
*•  and  subjects;  and  when  this  ceaseth,  we  are 

*  free  to  choose  another,  if  we  see  it  more  con- 

*  duciblc  for  that  end,  and  more  free  of  these 
'  inconvenienvies.     3ndly.  The  covenant  doth 

*  not,  for  it  only  binds  us  to  maintain  our  king 
'  in  the  roaiutenance  of  the  true  established 

*  and  covenanted  religion  ;  and  this  we  have 
'  not ;  neither  can  they  require  homage  upon 
'  the  account  of  the  covenant,  having  re* 
'  noimred  and  disclaimed  that  covenant:  and 

*  we  liein*^  no  otherwise  bound,  the  covenant 

*  l»f:lng  the  coronation  compact,  without  the 

*  swearing  and  sealing  of  which  our  fathers, 
'  or  rather  we  ourselvc*  reiu::<.d  to  receive  him 

*  f.)r  king,  and  them  tor  nilers  ;  and  if  they 
*•  were  free  to  refuse  him  for  kintr,  u|ion  the 
'  account  of  not  subscrihinif  of  that  covenant, 

*  we  are  much  more  free  to  reject  him  upon 

*  his  renouncing  of  it,  this  ln'in*^  the  only  way 

*  of  receiving  the  crown  of  ScDtlaud  ;    and 

*  reii^ning  also,  not  being  an  inheritance  that 

*  passes  from  father  to  son,  without  the  con- 
'  Ki*nt  of  tenants,  liiit  an  (and  the  more  men 

*  plead  lor  this,  the  more  we  are  concrerncd  to 

*  look  to  it)  otlicf?,  which,  all  s;)y,  is  given  '  ad 
'  '  eulpain,  non  ad  vilam.'     W'odruw.] 

'  Neither  can  it  he  tiiouirht  tliutther  is  hope 
'  of  ther  returning  from  these  eours.^s,  having 

*  so  oft    shewed    ther    natures  anil   enmities 

*  against  <iod  and  nil  ri;;;liti*ousii;ss,  and  so 
'  often  de<!lared  and  reiieueil  ther  |iur))os(^  and 

*  promises  of  luTsevcriii'^  in  tlu'so  courses,  and 

*  suppose  they  s'l'ndd  di&seuiide  a  reiN^ntance 

*  of  tliese  evilfs  a.i,l  jindesse  t«»  retiinie  to  better 

*  courses  'u-m\*;  puit  to  strait**:  or  tor  ther  o«^n 

*  ends  (lor  npr)u  no  of  !irr  account  cane  wc  n-a- 

*  sonablie  expf^ct  it)  and  though  it  niiuht  h% 

*  thought  that  ther  might  he  pardon  tor  wb^l 


I 


799]     STATE  TRIALS,  32  Charles  II.  168O.— Trio/  of  David  UaekUam,    [SM 

*  is  done  (\ihicb  wecaDDot  yet  see  to  be  with- 

*  out  the  violation  of  tlic  lawe  of  God,  and  a 

*  great  guiltinesse  on   the  land,  from  uliich 

*  guiltinesse  the  land  can  neTcr  be  free  but  by 
^  executing  of  God's  righteous  judgments  upon 

*  them  for  omittinjjp  so  great  lie  deserved  and  so 
«  necessarly  reqnisita  justice)  ^'et  they  cannot 

*  be  beloved  citcr  they  have  violated  all  tyes 

*  that  humane  \vis<lom  cane  devise  to  bind  men, 

*  and  licside  ther  will  be  something  of  follie 

*  found  to  think  to  bind  a  king  that  pretends  to 

*  absolntnes,  and  our  fathers  or  rather  ourselves 
*at  firstjudgedit  not  wan'an table  to  rcccavc 

*  him  without  consenting  to  and  swearing  of 

*  the  covenant,  and  if  so  the  renouncing  and 

*  disclaiming  thereof  we  ought  at  present  to 

*  judge  to  1^  a  just  and  reasonable  ground  of 
^  rejecting  him.  U|)on  these  grounds  beinii;  as- 

*  sured  of  God's  approbatiun  and  men's  wliose 

*  hearts  are  nut  utterly  byassed  and  ther  con- 

*  sciences  altogether  corrupted,  and  knoweing 

*  assuredly  that  the  upholding  of  such  is  to 
*•  uphold  men  to  bear  down  Christ's  kin|j>;dom, 

*  and  to  uphold  Satan's,  and  the  depryvuig  ot 

*  men  of  right  government  and  good  "^govcrn- 

*  ours  to  the  ruining  of  religion,  undoein^*  of 

*  human  societie,  we  then  s(M.*ing  the  inmiicra- 

<  ble  sins  and  snares  that  are  in  ^ving  obedi- 

<  ence  to  ther  acts  ;  on  the  othern&and  seeing 

*  if  we  shall  acknowledge  ther  authorhie  and 

<  refuse  obedience  to  ther  sinfull  commands,  the 

<  endless  miseries  that  will  followe  and  siding 
^  with  God,  (vvho  we  h<'|)e  will  accept  and  help 

*  us  to  a  liberation  from  ther  tyranny)  against 

<  his  stated  and  declared  enemies,  doe  reject 
'  that  king  and  these  associut  Mith  hlni  IVom 

*  being  our  rultMS  because  standing  in  the  way 

*  of  our  riflriit  free  and    peiKvuble   sir* ini»-  of 

*  God,  propagating  his  kiuploiu  and  rL'forma- 

<  tiouand  overthmweingNiitan's  kingilome  ac- 
^cording  to  our  covenant,  and  di-cUut-s  them 
*■  hence  furth  to  be  no  lawfull  rulers,  as  they 
'  have  declared  us  to  he  no  laivfull  subjects 
^  ujion  a  ground  far  ksse  warrantable,  as  men 

*  unbyasscd  may  see,  and  that  cfter  this  we 

*  neitlicr  owe  nor  shall  yeald  any  willing  obe- 
'  dience  to  them,  but  shall  rather  suffer  the 
'  outmost  of  ther  cruelties  and  injustice  untill 

*  God  shall  plead  our  cuiuse,  and  that  upon 
*•  these  accounts,  because  they  have  altered  and 
'  destroyed  the  LonKs  established  religion,  over- 

*  tumecl  the  funtlaiueniall  and  established  lawes 

*  of  the  kingdonir,    taken    alto:;etlier    auay 

*  Christ's  church  and  government,  andchaingc'ill 

*  the  civil  government  of  this  land  (w  hieh  was 

*  by  king  and  free  parliaments)  unto  tyrannic, 

*  wher  non  are  associat  to  lie  partakers  of  the 

*  government  but  only  tho^e  \^ho  will  be  fouml 

*  by  justice  to  he  guilty  of  criminnll';,  and  all 

*  other  excludit  even  those  who  by  the  laurs  of 

*  the  laud  by  birth  hade  a  right  to  and  a  share 

*  in  that  government,  and  that  onlv  because  not 
'  of  the  same  guiltinesse  and  niisehievons  pur- 

*  poses  with  themselves,  and  also  all  free  elec- 
'  tions    of  commissioners  for  parliament  and 

*  officers  for  government,  are  made   void  by 

*  ther  makiDg  tboM  th«  qualifications  of  ad- 


*  mission  to  those  places,  whicli  by  the  wordo 
^  God  and  the  laws  of  this  land.wer  the  cau» 
'  ot  tlier  exclusion  befor,  so  that  non  cane  lool 

*  upon  us,  or  judge  us  bound  in  alledKeance  ti 

*  them  unlesse  the  say  also  we  are  iKmiid  ii 
'  alledgeance  to  divills,  they  being  his  vice 
'  gerents  and  uot  God's. 

*  5to.  We  then  beiug  romle  free  by  God  am 

<  ther  own  doeings,  he  giving  the  law  e  and  they 
'  giving  the  transgression  of  that  lawe,  vLii-h 

*  IS  the  cause  that  we  are  loused  nowe  from  hII 

<  obligations,  buth  divine  and  civil,  to  them,  and 

*  knoweing  that  no  societie  of  men  that  hatli 
!  *  conuption  in  them  (which  alwayes  is  rtaiiy 
I  *  to  hegett  disorders  and  dwc  injuries  uulesse 
I  *  restraiue<l  and  punished  by  lawes  and  ^ivem- 
I  *  ment)  can  be  w  ithout  kiw*es  and  governinmt. 

'  and  withall  dcsyreiug  to  be  governed  in  tlie 
I  <  best  way  that  is* least  liable  to  uiconieniencef 
I  <  and  tyranny,  we  doe  declare  that  we  shall  «tt 
J  *  up  over  ourselves,  and  over  all  that  Gml  shall 

>  *  give  us  power,  government,  and  guiernuurs 
I  *  according  to  the~  word  of  God,  and  esiitriallie 

*  according  to  that  word.  Ex<m1.  x«iii.  ver.  il 
!  *  '  Moreover  thou  shall  provide  out  of  all  ifac 
'.  *  *•  people  able  men,  such  as  tear  God,  men  ci 

*  *  truth,  hating  co^etousness,*  [and  plac^siicli 
I  *  over  them  to  be  rulers  of  thousands  aod  rukir* 
I  *  of  hundreds,  rulers  of  titties,  and  rulvrs  ui' 
I  *"  tens.  Wodrow],  And  that  we  shaH  no  more 
I  <  committ  the  (government  of  oursilves,  ami 

*  the  making  of  lawes  for  us  to  any  one  bo^h 
\  *•  person  and  lineal  succession,  we  not  bcin:; 
i  *  tyed  as  the  Jews  wer  by  God  to  one  lamily 
I  ^  government,  not  hi.ing  an  inheiitunce  but  anc 

*  office,  which  mii<t  be  stpiured,  not  to  tbt*  in- 
!  '  terest  and  lust  of  a  man,  but  ti»  the  gotNl  of 
'  '  the  commonwealth  ;  and  this  kind  of  irnuTU- 
I  *  ment  by  a  single  pers*)n,  Vc.  being  uiosl  iv- 
I  ^  able  to  incunveniiuie  las  sad  and  hui;  (X- 
j  *  jieriencemay  now  teaeh  us)  and  aptosl  toile- 
i  *  generat  unto  tuTaunie.     3Joreo\ir  \*e  df- 

*  dare,  that  these  men  whom  we  shall  'cti 
!  *  over  us  shall  Im'  engaired  to  yn>\crn  iis.  |)n:»- 
I  '  cipally  by  that  civil  or  juilicial'.  lav^e  "iivii 
I  *  by  Goil  to  his  peoph;  ol'  Israel.  'No  nnn, 
I  <  vve  think,  doubting  but  it  must  he  tiie  hv>i  xi 

*  iar  as  it  goes,   beiir^  iiiven  by  G<id  ;  :iii>!  wi* 

*  having  no  body  of  law  of  our  ov»ii,  but '^onH' 

*  few  iuiperfeit  Acts  <if  I'arlinnu  ni,  jn.d  miiiu*- 

*  times  follovviug  the  eanon,  and  Minaiiinf-stlie 

*  feudal,  and  Konutimes  the  <'ivil,  vvhivb  ("-I'a- 
i  *  sicns  great  eonirntions  among  the  pinj»!f, 
;  *  especially  those  who  are  natuially  liii::i«-ns 
,  *  to  the  exhaustiiiir  and  en!iar.ciii(r  "f  tiio  i>vili* 
I  *  stance  of  the  kiii;^doni  to  some  few  nirn.  p.n.l 
I  *  sfjuei'/.ing  of  its  inhabitants.  Wodrow,]  Hoi 
I  *  espocialhe  that  we  shall  he  governed  bv  liiai 

>  *  law  in  ni.itters  of  lyff  anil  death,  and  io  aU 
;  *  other  things  also  so  farr  as  tlie^'  reach,  f^- 

*  cepl  nidy  that  lawe  (viz.  ancnt  slaves)  which 
•  *  does  not  a<;ree  with  that  Christian  hhertv 

'  established  in  all  (-hristiandom  (only  violatd 
'  by  our  t\ranies,  and  some  others  of  late),  uA 
*■  tAat  of  divorces  and  poligamy,  the  one  beiifl 

*  not  a  lawe,  but  a  penmssion  grantcil  upM 

*  the  account  of  the  hardness  of  ther  hcvts 


ber  Imne  t  tin 


ATE  TRIALS*  52  C^AfitEt  H.  t580.-/9r  trttison. 


ler  Imnc  t  linfiil  cu«toin  cofitrary  ta    *  this  fn'«»»'««»atire  h  fotmdit^aTid  fHrti  1»^lcb  it 

fcR^  unto     •  U  <t  '        "  '  ss  if  tiot  mtM 


di 


ll»«r  ],.,. 

sr»  with  then 


a  tit 
jui-t  II HI  n  iu;j|lier 
which  stilts  onl^ 
'"<!§,  Jiud  it  nisty 
rtvttl  10  If*  of 
1  ij^minini  Ha- 
^  I  it  li  a  ty^ti»  monarch  Vi 

W^  I  hr  men,  Tind  nviD  Ittbtiur 

Met  'Ties»  Aru) 

■oii^  _  lo  make 

wrtet'illl  aji  th4:r  vvjiy  is  ;  but  if  this  be 
PM  RMMIttcltyf  we  holh  are  and  tMi<L;hi 


P«   :.•!.'  i 


} 


thitt  accoffVmtx  *i  til^  \*ortl. 

the  work  of  the  tiiinUifm  «f 

'  ■       u\  JeJeiia 

the  doc- 

,  hberti«*s 

'   rufnip- 

-  ^  nutl  ail 

;    tliiLt   the  mttiistt«M  ol' 

itid  (al  least  the  jjreatest 

I)  not  «nly  were  defcc-, 

11*1  ttMifymg-  aj;rami  the 

I  HiMJwm^  reli- 

iiCf    our   cove- 

'jrn- 

^  his 

I  \  HHi  .-;  Luiiu-air 

itjnt'liiTg'  of  that 


tiriifrn    hinn   sv  n 

;    ho   t'aivin    c.ilU   thul  supie- 
^  of  Henv)'  t)te  eij;ht,  upon  which 


m  Jlower  ttitt 
I  wm  tfcrmm 


iQ  his  cliui 

i!ir;_;lVGiltO  tj  klKt; 


;4*d  ag^iUbtChtiTk's 
f\f>  ikow,  (v«>l.  ?,  p.  139) 

\  |<i  hiiTc  bt-cn  ntj^-ned  \>y  Caniertm  and 
k  Moy,  1680,  wrre  **  u^iiriun;^  l'»  hiru 
9y%\  HrertJ^ativcs  ot  Jesu«  Chrrst, 
dlinsj'   upon    thr    IrfTniifS   Of   t!ie 
I  litiih  ill  oppu- 
I  *  lialor,  and  the 

I  Ut  Act  of  the 

*,.  Nov.  16,  1069,) 

nr  it  iii«  for  the  ^ood 

mid   !Stute»  thut  hia 

,  in  relit  ion  to 

ticith   be  iiicire 

aas^fd  liy  un  ae*  ui  p'^rliutiifnt»**  it 

BiMi:t#d,  fi^iertcdf  and  d*^claredf  That 

Hf  holti  tUr  !iii  pro  trie  authority  und 

Y   rvTpf  ^^t   p^T^onu  nntt   in  ftU   niuiJeJi 

r.  1  that 

dof 

the 

jraty 

=  .  M.;.,.  iij  the 

nd  hfi  succes- 


(fcUll  )<< 


Ih 

tf3r«(ftic,. 

Misaittd  ori 
It  of  til  (^  i  X 


^otSSti- 

dmi- 

r  the 

line, 

>  aiid 

d  titereiu, 

:  think  fit, 

«#tj^  inrxkiY^  uilU  cgrisULutioiiir^  being 


*  10  '. 

*  nil. 

*  elm  I,  and  a£;:un?ii  the  oilier  acts  aod 

*  inrs.*^^  ,i  .  v.ijs  of  his  cfiurrh,  and  bundered 
^  others  nlso  who  ivew  viilUiig  and  wnutil  Imve 

*  testified  oirninst  them,  titid    censun^^d  some 

*  tlmt  dtd  it  (for  whn-h   toflpther  with    other 
'  ttiu*tB  la  ther  Intst  nnd  administratifia,  svf 

*  may  say  God  hirth  Ipfl  ihctu  to  *loc  worse 

*  thui^)  hot  »bo  hath  voted  iu  thrtt  mL^^rmfr 

*  (which  thcy  »repl#'3i5«d  to  rail 'an '  f 

*  of  Min'Kt<;»V  but  howc  justlie  l^tt  i  ■  f 

*  ane  acceptation  of  that  hhei      '  f» 

*  and  ci*efi  by  vertne  ni'  that 

*  arri     '    V      id  usurped  pgwcr,  n 

*  pr  .    ther  cmiris,  to  ar  t 

*  lihtivv,  .ii»M  to  he  itiacte*!  and    '"i  r 

*  fin  fnihistei's,  and  so  hath  wd^  s 
^  ane  illicit  act  of  the  will,  nu  [  , ^    ul 

*  ftirce  and  CoDSlraint)  translated  the  power  of 

*  Seiiding;  oat,  ordorin«»,  censaring^,  (for  as  they 


re<*ordcd  in  the  book*  of  eomicil  and  dniy  puh- 
Hshrd,  are  to  be  Obscrrcd  wnd  obeyed  hy  ml  hit 
majp^ties  subjects,  any  huv,  act  or  cvmtona  to 
the  contrary  r»ot^*ithstaodin<jf," 

Bui  by  tfie  Articles  of  Gnev^^ces,  kc.  (18tU 
of  the  Acts  nnd  Onleis  of  the  (neeting  of  the 
estates  of  the  kiiitldoin  of  Scotland,  Apnl  t3<li 
1639)  It  was*  dt  cbrrd»  "  That  the  1st  Act  ot* 
Pnrli:lirient  1061»,  t*  lTUon<.i.stciit  with  the  e«- 
tabh^hmeiJl  o<  •  huirL  •ovenmKnitii'nv  i'*  ^utdi 
and  ought  to'  d/*    Ami  ly 

it  was  ftbropiii       ^  istActoti  '.- 

sion  of  ^'illiaio  ami  Mnrv.  And  by  ti^e  54)i 
Act  of  the  same  Hes5;ion,  I^n^^hvtcthn  PhnreU 
Gorernjneiii  was  fully   '  '        i:d 

ActSySii.:,  contrary  or  pV*i  ut 

ivith,  or  derogatory  frotii  it,  ^mvh  rt-sciufieili 
and  the  roid'e^^ion  of  Fatth  was  ratified.  Of 
this  C'oiifcR^ioij  ihe  'ISih  ch«pier  mrtinTainsthe 
exclusive  ecclfsiusiirul  «u pi cmiicv  of' our  Sa- 
viour, **  Then  -  -  r'^er  head  of  the  Church 
but  the  Lord  .  t/* 

Auoihci  act :.;.  > .  ..  ..s^  Pr^-shnnlnn  churcfe 
•joverntueiit  wns  pas^^ed  Jiirte  :.    And 

by  t^vo  acts  of  S^pt.  I70:i,   {I  riner  </f 

vvhicdi  I'reshyterluTi  Church  Goveruineht  wat 
secured  and  c<mfirmr»iJ»  aiid  by  the  latter  it  wai 
declareifP>  be  HifjhTrcrtSoii  to  iiitpugnthe  4tt- 
thorityof  the  Conveution  Parliament  or  even  to 
attempt  un  alteration  m  the  Oaim  of  Vlij^hls,) 
the  luainiainanee  of  the  Pi^e^jbytenan  fCilii^doo 
vva«,  as  yit.  Laiog*  has  ohs«*rved,  iivdirectly 
aided  by  the  penaUies  ot*  treason.  Lastty,  tm 
Jaouary  16th,  1707,  (the  day  on  wh»cK  the 
act  mtifying  and  coirfirmin;^'  the  Treatv  of 
T.)  nimi  was  en  ^ '  ^  ' '  ^  "  *"  '^ ' ' 
securincr  the  ! ' 
ordfliuiwg*  hm 
sorcrci'nis  <i! 


(  tor 

Mt, 

tioutil,  on  their 

'jp   iiit-fnf:\b!v  to 

■       ■■cK 


maintain  and  pre^itr^e  i 
Gmeaimcnt,'*  A."i  to  ih<  1 
4  Laing,  :^^,  SO^^  3^^  idttOutf  iif  XSOi. 
3F 


I 
i 


803]     STATE  TRIALS,  32  Cuarlu  IL  iSBO^TrMaf  DopU  Hi€kU4mH,    [8M 


<  accept  Df  thcr  liberty  from  tbem,.  lo  they 

*  submitt  to  ther  censures  and ,  restrainta,  at 
'  least  ail  of  tbein  who  wer  yet  tryed  with 

*  it,  and  others  of  them  appeared  and  ac- 

*  J^nowJeJged  before  ther  courts,    tliat  they 

*  would  not  have  done  these  things,  that  they 

*  wer  cliairged  with,  if  they  hade  thought  it 

<  would  have  offended  them.  Ministers,    de- 

*  parting  from  the  court  of  Christ,  and  suhjec- 

*  tion,  to  the  ministry,  to  the  couru  of  men  and 

*  subjection  to  the  niagi:itrate,  (which  hade  bein 

*  impious,  and  injurious  to  Christ,  and  his 
«  churcl),  althougli  they  hade  been  righteous, 

*  and  lawfull  rulers,)  and  by  their  changing  of 

*  courts,  (according    to  common  lawe)  hath 

<  changed  ihcr  masters,  and  of  the   ministers 

<  of  Christ  are  become  the  ministers  of  men, 

<  and  bound  to  answer  to  them,  as  oil  as  they - 

<  will,  and  as  by  the  acceptation  of  this  liberty, 

<  in  such  manuer,  tliey  have  translated  the 

<  («ower,  so  they  have  given  up,  and  utterly 

<  quit  the  government,  and  a  succession  of  a 

*  presbiteriau  luiiiistry ;    for  as  these  wer  not 

*  granted  them,  of  their  mastei-s,  so  they  ex- 
'  ercise  ther  ministry   \i  ithout  them,  and  so  by 

<  these    (as    the  ecclesiaNtie  govern meut    is 

<  swallowed  up  in  the  civil)  if  the  rest  hade  i'ol- 

<  lowed  them,  the  iniiiibtry  shoidd  have  bc'in 
'  extinct  with  themselves,  and  the  whull  work 
'  of  reformation  hade  beln  buried   in  oblivion, 

*  not  so  much  as  the  rf  meniberance  of  it  ke|jt 
'  up :  these  to^ither  wilh  tlic  other  oi'  their 
'  commissions  in  prcat-bing  the  lawfulucsje  of 

*  plying  that  tribute,  declared  to  be  itii|Hi6ed, 

*  for  the  bearing  down,  of  the  true  w(»rship  of 
'  God,  (which   tbev  fulslie    termed    seditious 

*  conventicles,)  a.id'  ther  aitwiseiiig  tiiese  jMior 
'  prisoners  to  subscrybe  tlie  bond,  and  coiisc- 

<  quentlie  couhl  not  but  s<»  advise  all  othcis  if 
'  putt  to  it  (for  the  hazard,  thut  men  were  in, 

*  will  not  make  a  reall  eliauge  of  the  morality 

*  of  that  action,)  and  besids  the  rt^t  may  be  put 

*  to  it  upon  the  same  hazard,  and  so  it  the  one 

*  should  advise  (which  conse(}uciiily  they  must 
'  doe,)  and  the  other  should  subs<'iyb(s  this 

<  would  altogether  close  tliat  door,  wUich  the 
'  I^rd  hath  made  use  of,  in  all  the  churches  of 
'  £urope,  for  casting  of  the  yoke  of  the  whore, 

*  and  restoring  the  truth  and  puritieof  reliorion 

<  and  reformation,  and  fieedomoftbechurclies, 
'  and  should  have    stopped    all  ingresse   for 

*  men  when  onco  brought  under  tyranny,  to 

*  recover  ther  libcrtv  again-    These  ministers, 

*  then  not  being  forio\>ers  of  Christ,  who  beior 

*  Pontius  Pilate  gave  a  good  confession,  which 

<  was,  that  he  was  a  King,  and  no  king,  if 
^  he  have  not  power  io  onler  his  house  and 

<  subjects,  and  they  not  following  him,  nor  his 

*  ministers,  if  not  asserting  and  mantaininiQf  of 

*  this  his  kingUc  power,  against  all  incroaches 
'  and  usurpers  of  it,  and  be^ids  we  bcin)^  com- 
'  manded,  if  any  brother  w  alk  disorderlie,  from 

*  such  ^o  withdraw,  and  aUhou;rh   in  the  capa- 

*  city  we  now  arc  in,  we  neither  have  nor  as- 

*  sumes,  to  ourselves,  aiithoritie  to  give  out 

*  definite  and  authoritative  sentences,  id'depo- 

*  sitiom  and  yuspensioD  agaiast  these  utiuisteri, 


*  yet  we  declare,  which  is  proper  for  u  to  dot, 
'  that  we  neither  cane  nor  will  bear  prcacb- 

*  ing,  nor  receave  sacramenta  from  these  mi- 

*  nisters,  that  hath  accepted  of,  and  voted  for 

*  that  liberty,  and  dedairea  all  who  hare  eo- 

*  couraged  and  strengthened  ther  hands,  by 

*  hearing  and  pleading  for  them,  all  those  wbo 

*  have  traffiqued  for  ane  miion  with  them, 

<  without  ther  renuncing,    and  repeotiog  of 

*  these  things,  all  those  who  doe  not  testi6e 

*  faithfullie  against  them,  and  el\er  doe  not  de- 

*  port  themselves  suitablie  to  ther  testimooiei, 

*  and  all  \\  ho  jo^n  not  in  public,  with  ther  hre- 

*  tlu^n,  who  are  testiftemg  ag^inest  them,  wt 
'  declare  that  we  shall  not  heair  them  preicb, 

*  nor  receave  sacraments  from  them,  at  kuX 

*  till  they  stand  in  Judgement  befor  these  ni- 

*  nisters,  and  be  judge<l  by  them,  who  hirt 

*  followed  the  Lord,  and  keept  themselves  free 

*  of  these  defections  and  as  our  hearts  bifc 
'  cleaved  to  these  ministers,  whill  they  wer  oa 

*  the  Lord's  side,  and  subjected  ounelvei  t» 
'  them,  so  we  shall  still  cleave  to  tboM  that 
'  abyd  followeing  him,  and  shall  be  subject  ts 
*■  them  in  the  Lord. 

7**.  *  Then  we  doe  declaire,  and  acknowledge, 

*  that  a  gospel  minibtrie  is  a  standing  ordiotDoe 

*  of  God,  appoynted  by   Christ  to  oontioiie  in 

<  the  church  mitill  the  end  of  the  worid,siul 

<  that  none  of  us  shall  take  u|n>o  him,  tb« 

<  preurhiiig  of  the  word  or  administring  tbe 
*•  sacramenLs,    unlesse   called     and    onUined 

<  thereto,  i>y  the  ministers  of  the  Gospel,  uA 

<  as  we  declaire  that  we  are  for  a  staodio^ 

<  Gospel  ministrie  rightlie  choisen,  and  rii^btlM 

*  ordained,  so  we  declaire,  that  we  shall  goe 

*  about  this  work  in  tyme  to  come  with  more 

<  lasting  and  prayer  and  more  carelull  iuspw* 

*  tion  into  the   conversa>ion,  and  hohnesse  uf 

*  these  men  that  shall  be  choisen  and  ordained, 

<  the  want  ot  which  formerlie  hath  bein  a  greit 
'  sin,  both  in  ministers,  and  |»e(»ple,  which  natb 

*  not  boin  the  least  cause  of  this  detection.' 

*  [This  will  meet  with  the  same  measure  u 

*  the  former.    The  former  was  a  Fiitli  Mo- 

*  narchy,  so  this  will  be  a  Separation.    There 

<  is  both  malice  and  ignorance  in  this  caluiuoy. 

*  Malice  iu  striving  to  make  us  odious;  tar 

<  there  is  nothiiiflf  that  will  make  us  more  odioui 

<  to  the  world,  tnan  to  tell  them  we  think  our* 

<  selves  more  holy  than  all,  and  will  have  no 
*■  communion  with  others  :  but  we  abhor  socb 

*  thoughts,  and  whatever  we  know  ot  our  sin* 

<  cerity,  yet  we  know  nothing  of  our  pertectioDi 
'  and  so  see  nothing  whereupon  we  may  com* 
'  pare,  much  less  exct^ed  others,  hut  tnecoo- 

*  trary  ;  and  if  any  were  to  be  shut  out  upoi 
» that  account,  we  judge  ourselves  would  bellis 
«  first.    There  is  ignorance  in  it,  it  not  a  deep 

*  deceit ;  for  separation,  as  the  scri|>ture  sod 
*■  divines  take  it  in  an  e\il  sense,  cannot  l>e  at; 

*  tributed  to  us ;  for  if  there  be  a  se}iaratioDf  ^ 

*  must  be  where  the  change  is,  and  that  isook 

*  in  us ;  we  ai-e  not  separating  imm  tbe  com* 

<  muiiion  of  the  church,  and  setting  up  ii^ 

*  onjinunces,  and  a  new  ministry,  but  cMvioff 

*  to  jthe  samp  mvusters ,  and  following  the  na^ 


STATE  TRIALS,  32CttA«LES  IL  l6m.<^/or  Tremon. 


*  ordiosnoif ,  wlien  others  have  sliddcn  back  to 

*  new  wmys,  aod  bave  a  new  autbority  super- 

*  «dtled,  which  is  like  the  new  pi^ce  \n  the  old 

*  g^mieot. 

•  Eij^hllOy^  W^  bind  and  oblige  onnelves  to 
^^  defend  ourselvps,  and  one  aEiiilner  in  our  vmv- 
^vftbipping^or  Gof),  and  in  our  natural,  cwA  and 
^Bdivine  n^hts  tnil  iiberties^  fill  we  shall  over- 
^VCome,  or  send  thein  down  under  deliAit^  to  ihe 
^P  poflterityf  tliat  tliey  may  begin  where  we  end  ; 

*  and   if  we  nball  \te  pursued  or  trotihled  any 

*  farther  in  our  worshippiDg-^  rig-hta  and  liber- 

*  ties,   thai  we  shall  look  on  it^  as  a  declaring 

*  '^ar,  and  take  all  the  adTanTacfeH  ihat  one 

*  enemy  doth  of ,  another,  and  seek  to  c^iuse  to 

*  pen&hi  all  tbat  sbull,.  jn  an  hostile  manner,  as- 

*  aauli  us,  and  to  nmintain,  relieve  and  rig^bt 

*  ouniefres  of  those  ibjit  bare  wrong^  us,  but 

*  Dot  to  trouble  or  injure  any,  but  those  that 

*  hare  injured  us,  there  being  most  lawful  for 

*  tts,  beiofir  many  thai  are  wronjifed  ufion  such 
^  an  acci»unt,  and  by  sucli  persiins  wbo  have 

^*  isothinjj;  now  over  us,  but  power  and  usurped 
^^■atbonty,  which  we  shall  neither  answer  nor 
^■ickDowledtre,  it'  we  csin  do  otherwise,  hoping 
^Hfe^tOiK)  liball  break  otl'lbal  partof  tlie  yoke, 
^^Ppi'ffee  us  of  that  power  and  tyranny,'  that 
^y w*  hare  cast  otf  upon  his  account,  and  will 

*  ^ve  us  jmlg'es  is  we  hud  at  the  beginnings  and 

*  f?ouniellon>  as  we  bad  at  the  !kst.*  Wodrow.] 

FoUowes  the  Icnor  of  the  other  Treasonable 
Bu^y  culled,  The  Declaration  and  Ti^  - 
TiMONiE  of  the   True   Preshiterian,  Anti* 

■     Pk^laiick,  and  Anti   Erastiau  persecutinl 
Party  tn  !^utland. 

'  It  is  not  amonffstthe  smallest  of  the  Lord*s 

'  mercies  to  this  poor  land,  tliut  tber  hath  bein 

<  always  some  who  have  in^en  a  t^timony  ot" 

,    *  erery  course  of  defection  u  htch  we  are  guilty 

^  "    which  is  a  tm'ken   for  God  that  he  d*^eH 

lit  as  yet  intend  to  cast  uii  off  altogifher, 

that   he  will  leave  a  remnnnt  in  wbom 

will   lie  gluriotis,  if  they    (through   luv 

p)  keep  themselves  clear  still,  nutf  walk 

I  bia  wny  and  method,  as  it  huth  hein  walk- 

I  nnd  owned  by  liiiii  in  our   predece&sont 

Illy  wurtby  nu^mury)  tber  tyme,  in  tber 

jing  on  of  our  noble  "wurk  of  relbrmation, 

*  in  the  sevenil  steps  thereot,  from  popery  anri 
prelacy,  and  lykwaya  from  eraslian  supre* 

^  Tuacy  so  mucb  usurped  by  birn  •,    \\  bo  (it  is 
true  a-?  far  as  we  knowt)  i^;  decendlr  froni  tli^ 


^  allows,  yet  we  for  ourselves  and  all  tbat  will 

*  adhere  t<>  uh,  a??  the  repret^entati^es  of  tlie  true 

*  presbyti'riau  church  and  covenanted  nation  of 

*  Scotland ;    consideriuLf  the  great   hazard   of 

*  lyerng  under  such  a  sin^  d*>e  by  these  pre^sents 

*  aii^wne    Charles   Stewart,   v*ho    hath    bein 

*  reigning,  or  rather  (m  e  may  tay)  tyrannazing" 

*  on  the   Ihmn  of  Scotland,  and   gov  em  me  nl 

*  thereof,  (forfaulled  suverall  years  since  by  his 

*  perjurie,  and  breach  of  covenant  with  God 

*  and  \m  church),  and  usurpution  of  his  crown 
'  and   n>yall  prerogativeJi  tberem,   and  many 

*  other  hreacbes  in  matlers  ecclesiastick,  and  by 

*  hts  tyrannic  and  breach  of  the  very  /r^ii  rcg" 

*  ndndi  in  niattem  civile  for  ^hich  rtabons  we 
«  dec  la  ire  that  several  I  years  since  he  should 

*  bare  bein  denudit  of  bemg  king  ruler  or  ma- 

*  gistratej  or  Imving  any  power  to  act  or  be 

*  obe3'ed  as  such,  as  nl^jo  being  under  the  stand* 

*  ard  of  Christ  captain  of  salvation  ;  we  de- 

*  claire  war  ag^ainsl  such  a  tyi-ant  aod  usurper, 
'■  and  all  the  men  of  bis  practices  as  enemies 
'  to  our  Lord  Jesus  Christ  hiii  cause^  and  cove* 

*  nants,  and  againesrt  all  such  as  bave  strength- 

*  ened  him,  sided  with  him,  or  any w eyes  ac- 

*  knowledged  him  in  his  usurpation  and  tyran- 

*  nie  civil  and  eeclesiastick,  yea  and  againeat 

*  all  such  aa  nhull  strengtben,  side  with,  or 

*  any wayes  acicnowletlgc  any  other  in  the  like 

*  usurpation  and  tyranny,  fiire  more  againcat 
'  such  as   woidil  liclniy  or  delyver  up  our  free 

*  reformed  mother  church,  unto  the  bondage  of 

*  Antichrist  the  pope  of  Rome. 

*  By  this  we  homologate  the  testimony  given 

*  at  Kutbcrglcn,  the  twenlie  nynth  of  May 
'  1679»  and  all  the  failhfull  testrtnonys  of  these 

*  tbat  have  gone  befor  us»  as  of  these  also  who 

*  hare  sufl'ered  of  late,  and  we  doe  dii^cloim  that 
'  decluration  published  at  Hamilton,  June  1679^ 

*  chiefly  because  it  takes  in  the  king's  interest, 

*  which   we  are  several!   years   since   loosed 

*  from,  bee  atise  of  the  foniaid  reasons  autl  others 

*  which  may  efter  this  fif  the  l-«rd  will)  be 

*  published/  As  also  we  disown  and  by  this 
*■  resents  the  reception  of  the  duke  of  York,  a 

*  protest  P«pi!»t^  as  repugnant  to  our  principlrg 
'  and  vows  to  the  moa  bigli  God.  and  as  that 

*  which  is  the  great  (ihfutgh  alace  ti»o  just)  re- 

*  proacb  of  our  church  and  nation.     We  also 

*  by  this  protest  acfniust  his  succeertiug  to  the 

*  crown,  and  whatever  halli  been  done  or  any 
*■  are  essay ini^  to  tloe  in  this  land  (given  to  the 

Ijoni)  in'prtjudice  ofoui  rvork  of  it.'formation. 


iCe  of  mir  kings,  yet  he  bath  so  frure  devoulit  |       *  And  to  conclude,  we  hope  none  v.  ill  blame 
ora  what  he  ouirfit  to  hnve  bein  by  bis  per-  [  *  ns 
jurie  and  ustirpation  in  church  matter^,  and 
•  tvnjunie  in  matters  civil,  as  is  knowen  by  ibe 


*  w  hole  laod^  that  we  have  just  reason  to  believe 

*  that  one   of  ihe    Lurd's  Ifeat  conimversies 

*  aguinest  ua^  is  that  we  have  not  disowned  bim, 

*  and  the  men  of  bis  practices,  wlnthev  inferior 

*  magistratea  or  any  others,  as  enemies  to  our 

*  Lord  and  hiscro%»n,  and  the  true  pi-otestant 

*  and   presbiterian   interest  in  iher  handfi  onr 

K word's  esponscil  bride  and  church*     Tberfar 
Ibeit  we  be  for  government  and  govern  ours 

*  «tit:b  aa  the  word  of  God,  and  our  CQTtfianis 


ns  for,  or  offend  at  onr  rewarding  these  th^il 
'  are  againest  us  as  they  have  done  t^i  us,  as 

*  the  Lord  j^^ivcs  the  oppoitunitr*     Thi":  is  not 

*  to  «*xc!ude  any  that  hnth  declined,  if  ibey  be 
•willing  to  give  satrsfaetion  m^cornmir  to  the 

*  degree  of  their  offence, 

*  the  25  June  1680.* 


JUg 

Given  at  ^anquhur 


By  which  wicked,  treaFonahJe,  and  seditious 
papers  abore  repeiled*  jc  and  yowr  ireach- 
erou«  BceompFures,  murdennjf  and  bloody  mi- 
ntstera  and  preachers^  bare  plotted>  contryved^ 
and  intend  it  the  death  of  the  king'u  n^agtie. 


which  being  found  b«  ane  wmjm  j«  ought  to 
be  puoiftlied  wit5  foHauUura  of  lyv,  Und  iod 
(roods,  to  the  terror  of  others  to  oooaiitl  the 
like  hereOer. 


tori     STATE  TRIAI^,  92  CH4R»Bt  IL  iGM^THglof  Darii  Hmkgimm,     [MB 

fnd  the  mine  of  his  govermnent  and  anthoritie, 
>nd  the  deprivation,  depQs«?in(;,  and  suspendiog 
of  him  from  the  style,  honour,  and  kingliename 
of  the  imperiall  crown  of  this  realme,  and  has 
contryTed  and  plotted  the  siispendiaic  of  his 
Qi^jestie  and  royall  faniiUe  from  the'exercise 
of  the  royall  government,  and  ye  and  your 
accomplices  have  declaircd  his  sacroil  majeBtie 
to bciMie  usurper,  and  ye  <Ud  adhere  and  uwne 
the  furq^ids  tr^asooahle'and  seditious  papers  in 
presence  of  tlie  lords  of  bis  m^eyties  privy 
council!,  upon  the  twentie  fonrtli  day  of  July 
instant,  and  that  ye  might  i^ccomplisb  these, 
3rour  treasonable  dcsignes,  impioqs,  detestable, 
and  horrid  resolutions,  you  and  your  accom- 
plices to  the  number  of  ane  huodretli,  horseand 


foot,  did  in  the  raoneihf  of  March,  Appryll, 
)lay,  June  and  July  in  this  instant  year  of  God 
1680,  upon  ane  or  other  of  the  day  a  of  ane,  or 
QtLec  oi  the  saids  moneths,  th«  said  year  ryse 
and  continue  in  arroes  without  his  majesties  au- 
tbontie  aud  approbation,  i^d  did  doclaire  and 
Ictle  ware,  a"d  take  up  arines  against  him, 
Vkd  tho^e  comiuissionat  by  him.  And  upon  the 
day  of  July  instant,  or  ane  or  other  of  the 
dfl^^of  the  safd  moncth,  did  inrade,  attaoque, 
attault,  intfan;e  and  feiij^ht  with  a  partie  ot  his 
IDSJcsties  torcch,  under  the  conduct  and  com- 
iQftild  of  the  laird  of  EarlesImlL  (ane  of  his  ma- 
unties  cooimissiuout  officers),  and  did  wound, 
Kill  and  murder  several!  of  hia  nu^cstics  sub- 
jects and  souliliers  under  his  command,  oif  the 
whicli  seditions,  treasonable  and  wicked  |>a- 
pers,  convocatiiuf ,  ryseing,  and  continueipg  in 
armes  of  his  majesties  subjects,  without  and 
GUBtrarv  to  his  majei^tiett  authoritie  and  coni- 
niand,  killing  und  niurdt'tiniir  his  majesties  sub- 
jects and  souidiers,  and  of  the  other  crynies 
alwve  mentioned,  ye  are  aclor,  airt  and  part,* 

*  3Ir.  Hume,  in  bis  Conuncntaries,  very  co- 
piously treats  of  this  matter  of  Aiit  (art)  and 
Fart;*  lie  not  only  investigfntes  llie  substance 
and  meaninc:  of  tlie  chnrq^e  itSL'lf,  but  traces  to 
a  considerable  extent  the  history  of  Scnteh 
practice  respecting:  it,  ilhislratini;  the  several 
\ariati(»[is  winch  have  takeu  piaci;  la  tlie  struc- 
ture of  tlie  libel,  so  fur  as  relates  in  tliiii  parti- 
cular. B\  wliJit  is  called  tbe  lj3nl  act  12tli 
p:uli;pneut  of  kiuic  James  Gth,  (it  is  not  the 
lotJidaet  either  of  liis  l,»lh  parliament,  or  of 
his  reijj>n,  but  all  the  acts  passed  from  the  com- 
mcneeincut  of  liis  ninth  pailiainent,  Aujjust 
lo8-l,  to  the  eouelusion  of  his  fifietnih,  J>e- 
ceinl>er  \,'}{)7.  are  desi^rnnted  by  one  suc(H:>sMon 
of  numbers,  in  which  this  stainls  the  153rd.) 
coneemipfif  tlie  relevance  of  libells  in  cases 
cviuiinall,  '^  It  is  stututc  and  ordaincil,  secin;r 
tliut  diverse  rxceptiones  and  olijeetionis  riscK 
ujmn  criminnll  liMlcs,  and  parties  are  frus- 
tiale  t»t  juMii-e,  he  jilledijetl  irn^levaneie  there- 
of:  that  in  time  cummin^,  ail  erimiiiail  lilK-lles 
sail  coiiteinc  that  persones  eom()lctiie«l  tm.  ar 
aiit  and  pairt  of  the  crimes  liMled  ;  quhi\k 
•all  be  relovant  to  accuse  tliem  thereof ;  sua 
that  na  exception  or  objection  take  aw^io  that 
yart  of  the  hhell,  ia  tiuici  guvmiug." 


ITS 

concerning  the  charge  of  art  and  part,  ia  to  be 
found  in  the  first  volume,  pp.  299,  800,  S84) 
413,  from  which  I  have  extracted  the  folkiv* 
ing  passages  for  the  pur|KMet  of  shewing  the 
uncertainty  of  the  original  technical  meaniBg  - 
of  this  phrase,  and  of  im[iarting  a  notion  of  its 
present  application  : 

*'  What  we  have  here,'*  says  he,  **  prind* 
pally  to  attend  to,  is  the  wide  comnaaa,  acoofd* 
in^  to  our  law,  of  the  meaning  and  apidicitasa 
ot  such  a  charge.  It  includea,  in  the  fint 
place,  alV  tiiose  relative  and  less  imnicdiate  de- 
grees of  guilt,  the  ope  et  concUio  of  the  Boaiaa 
law,  wherein  a  person  is  involved,  if  ha  b» 
concerned  in  occasioning,  prejiaring,  ot  fact* 
litating  the  criminal  deed,  or  lo  ratifying  sr 
approving  of  it  after  it  is  done. 

"  But  m  our  practice,  this  is  a  small  paitof 

what  falls  under  the  con:  |>ass  of  such  acnaigt} 

for  it  relates  equally  to  all  interfereaea  aai 

assistance  in  ipso  actUy  at  tlie  very  tUae  tf  per- 

petratingthe  deed;  vi  hereby  tlia  perwK  tkui 

concerned  is  not  a  relative  or  accessory  offrnkr, 

but  a  |)nucii>al  in  the  guilt.  **  By  uri  («iys«r 

George  iMnckenzie)  is  meant  that  the  crima 

was  contrived  by  their    art  or    skill,  esran 

arU ;  by  part  is  meant,  that  they  were  shams 

in  the  crime  committed,  when  it  was  com- 

mitted,  ct  quorum  pars  ma^rrta  Jui.^*    Accord- 

in^  to  some,  the  phrase  is  to  he  considered  at 

a  c<»rruption  or  abri«h^ent  of  the  Latin  phrase, 

ofarfi/cjc  et  partirept.     But  whatever  be  ia 

j  this  notion  respecting  tlie  origin,  it  ia  oertMS 

I  that  such  is  the  purport- and  tize<i  const rodisB 

j  of  the  phrase  ;  an<l  that  the  books  of  adjournil 

j  present  us  with  frequent   instances  of  Kbelt 

I  which  bear  a  conclusion  of  art  and  part,  sub* 

I  joined  to  a  narrative  of  such  eircumstancti^ 

t  as  go  to  ])n>ve  the  {KUinars  presence  and  ca* 

I  operation  at  the  doincf  of  the  <leed. 

**  Hut  the  chai-ge  of  art  and  part  has  ben 
undcrsti»od  uith  us  in  still  another  and  a 
broader,  aud  certainly  not  so  obvions  a  sense ; 
so  as  to  be  applicable  even  to  the  case  of  a 
•simple  and  indivisible  act,  which  is  set  forth  is 
tbe  li!>el  ns  executed  by  one  fiersoD  only,  widi* 
out  tlie  assistance  or  company  of  any  other. 
Thus,  Mai^aret  Ramsay,  March  5th '1062,  if 
sent  to  trial  on  a  ciiargc  of  child -murder, 
which  proceeds  as  folln-vs:  ^'  For  that  liaririr 
lK)me  and  hron<;ht  furthc  ane  living  man  cbvM 
on  the  1st  October  16<>1,  immediately  alWr 
birth  thereoC.  cruellic  and  unnaturallie  miir* 
dered  ami  killed  the  said  chykl.  and  vu  tti 
onhf  aclor y  airt  and  pairt  of  the  doing  /Afivo^." 
Tli'p  accusotion  of  William  Doils,  August  ttdi 
l(ki3,  is  drawn  in  the  same  style.  AAer  rr* 
lating  that  he  lay  in  wait,  abine,  for  AndriV 
Hardie,  by  the  aide  of  the  highway,  aad  te« 
amaulted  and  stabbed  him  vrith  a  dnric,  iht 
hM  eoDcladia  thus :  **  and  wa 


STATE  TRIALS,  32  Charles  IL  l6«a-/or  TVacMM. 


C8W 


poil^tpil  and  aeeusPfi,  that  wer 

be  the  lawe  of  God,  bwes 

t  of  lUis  kingiloxDe,  llie 

^  red  by  the  said  Wil- 
\e  only  actor,  airt  and 
Mki  Doiis  wa£(  coQirici^ 
S<»  likeHt^,  January  81I1  l<iG4v 
Ini?  wa<^  rvuvirrtfi  (atnot)£f  otlier 
'  the  Uit  1 1  gooif^  miin  the 

rih^lBM    h  n  ;    as   to    which 

lib«l  closes  witii  these  words^  **  aad 
ly  iMiior,  airt  and  patrt  of  the  said 
(I  tiie  Mme  year,  June  ai>ih  1664^ 
if»«B  waa  imn%  ta  an  asaize  on  a  libel 
»  which  relates  that  he  killed  the 
rkU  a  blow  on  tbe  ear ;  and  U 
Mt  **  and  ana  was  cruelUeklUcil  aoil 
Jic  aaid  Makolme  Brown,  and  be  ia 
,  atrl  an4  pairt  thereof/'  Farther 
1^  160^  the  indictment  of  Wil. 
sniff  for  die  murder  of  WilUam 
ilailbal  he  alalibed  him  with  a  durk, 
k  betny-  l>v.  as  far  aa  is  alicg-ed) ; 
^uft  he  wa»  crti- 
tic  tlie  *)U  ;u  Moocreiff,  aaJ 

\  only  actor,  airt  and  (»atrt  thereof/^ 
klao  wta  cooricted.  On  the  31st  of 
MNitli,  another  convtctton  was  ob- 
li  of   Tbofnan    Mow,    Novr.   91gt 

Ri!  r  ^  '        Wriifht,  bv 

i  inrbt,"«nil 

l>rii  \¥iih  liieoniy  actor,  airtaad 
It" 

|^U?ume  introduces  later  casef 
I^K  aame  doctrine.] 

Sffielte,  and  especially  in  its  a|i- 
^OMaaefftiialtacM  Miliary  and  an- 
:.  orof  ocie  which  k  libelled  to  have 
by  tereral  persons,  all  of  them 
I  Sdif  •  en  tlte  occasion,  the  gt  nerii 
Hi  and  paft  liaa  a  double  nieanin^^ 
than  one  purpose.  In  the 
accord  tn^  te'  the  prose- 
h,  and  aa  statr^l  in  his  Itbel, 
Iraroe  in  conformity  to  it, 
V  of  Seullaod  the  pannel  may  re^ 
^  i  proaevutor  to  awear  to  bia 
aod  tfifHtnency  of  tbe 
See  II  nine's  Com- 


iici^    and  ibnt   it 

•'  ihin^  wa?  truly 

«Mi»iatnnc<>,  or  at  tlm 

nt,  nr  the  lilcp^  *>f  the 


in  th«  foil 

■- -iJ 


Ifto  tii»  BiiMtis  ami  i^adtty  of  tbe 


crymea  of  murder  and  nianalau|fbter,  cape- 
daily  iaicrilcgioos  murder  coiutumed  upon  t 
father  of  the  church,  the  archbishop  and  prU 
mate  of  the  kingtlome,  and  one  of  the  lords 

pannel's  ST^ilt,  but  also  to  the  mode  and  coarse 
of  evidence,  which  are  to  serve  towards  hie 
coitvictioa  of  tbe  chargpe.  The  meaning  of  it 
is,  that  though  there  may  not  be  evtdenotf 
against  the  pannel,  by  the  direct  testimony  of 
persons  who  saw  him  do  the  deed,  strike  tlia 
mortal  blow,  take  the  purse,  or  the  like,  aa 
charged  in  the  libel ;  or  though  tbe  prosecutor 
majr  ttiil  to  establish  the  precise  story  and  train 
of  circnmstances,  there  related,  in  conAniiatioa 
of  the  penners  gfuilt ;  yet  itiU  he  will  estaUiah 
stich  a  story,  aud  shew  such  circumstancee 
and  presumptions  of  one  kind  or  another,  sucb 
indications,  or  tokem^  as  they  were  formerljr 
called^  of  ttie  paonePs  baring  been  eonceroed 
on  the  occasion,  as  shall,  by  kieasoAable  infer- 
ence  and  coa<;tructiou,  serve  to  oonviet  him  of 
the  matter  libelled ;  aiid  this  either  vm  princi{kBj 
actor  or  as  acoomplice^  eccovdiag  to  the  nature 
of  the  caae,  and  the  cifciunstances  that  khall 
be  proved. 

^^  That  these  are  the  several  uses  and  appli- 
catiotis  of  our  charge  of  art  aad  part,  and  thai 
such  is  its  broad  aod  varioQe  construction  in 
practice,  is  plain  from  the  history  of  the  form 
and  tenor  of  this  member  of  an  iudictmetit.  It 
appean  from  the  statute  of  James  6^  159% 
c.  lySy  that,  according  to  tbe  course  of  custom 
at  (hat  time,  the  prosecutor  was  iu  tlie  use  of  ' 
liiielliog  the  matter  of  his  accui»ation  much  afc 
lar^e  ;  with  a  full  detail  of  the  pannel's  coo- 
cem  in  the  story,  whatsoe«ser  it  was,  and  ef 
the  circumstaocea  wbicii  seemed  to  involve 
him  in  the  fuilt  of  ilie  case.  Ami  as  this  was 
usual  in  tlie  accusation,  so  tlie  prolocutor's 
hope  of  success,  was  to  depend  on  his  esta* 
blishing  the  precise  state  of  tacts  and  train  of 
presumptions  related  in  his  libel.  For  if  the 
proof  pni<loced  any  other  series  of  circum* 
stances,  how  conclij^ire  soever  of  the  panooi's 
^uih,  or  if  heshould  appear  to  have  had  a  dif. 
tercnt,  though  equally  crimimdsortoi'cenicem 
in  the  bu^tiocss,  the  Ubel  Wfts  notproved,  end  it 
behoved  the  jury  to  return  a  verdict  in  bis 
favour.  Now  here  was  an  obstacle  to  tbe 
course  of  justice,  beeauae,  iiflcr  emp^tn^nH 
due  pains,  the  prosecutor  might  soUMMi  \m 
misinformed,  or  imperfectly  inslrficted,  witit 
rc;^Tird  to  the  cirriJnis»:inc«*s  of  Iho  fact;  and 
tluis  tie  miL^lil  tn  sliori  oft'i"  ttm^i  ii»  Hbi'lline 
''  ifmcl»  in 

!Hini««ed; 
tiu:  evidence  mi^ht 
\n  suHi  particularly 
h«^t  he  hi  v^.    Tooni^ 

i.'fT!fore,tti  'lufineeesHirT 

>i!Mrifn>Hs,  our  iL^^isIniurc  t  rH,»,rntt*fl  to  a  nevr 
law,  [the  statist,-  i:.:i,  12  Pari,  Jmmm  €, 
printed  almir  '  '  u- recites.]  Thu»,  under 
llie  broad  n :  1  injunction  of  this  law,   a 

general  rhut^fcu  ,»t,^  aaidpart  becMnraD  oidi- 
nary^  ormibef  a.aeaeafly«  aaiao*  naorotil 


or,  i»u  t<ikiu;ts   th«   provii, 
torn  out  very  ditTcr^itly 


STATE  TRIALS,  32  CtiAftlES  !!•  T6S0.-.Triflf  ej  Datid  Hackdeum, 


¥ 


I 


of  bit  majMtie*  tn^t  bonourftble  pnvie  councill, 
ftre  piimiibBbte  wHb  tbe  paina  of  deftth  and 
confiicationofmoTeaMes  ;  vet  ye  th«  said  Dsvid 
Hadtstoun  of  Rathilet,  fiafing-  conceaved  a 
cruel L  hatred  and  deadlie  malice  against  a  re« 
Tcreiid  fatUer  io  God,  the  deceast  Jaraifs  arch- 
bishop of  St,  Andrews^  priruat  and  ni^t-apotitan 
of  this  kifi^domf",  aud  one  of  the  lords  of  his 
majesties  pririe  couQcilt,  ve  and  your  ac«com- 
l^tioes  did  upon  (he  third  day  of  May  16f  9, 
cmeUief  sacTalegiQusriej  and  inhtimanlie  aasauJt 
tbe  faid  archbishop  when  he  was  travehn^se- 
curlie  in  hii  own  coach  to  St,  Andrews  witbin 
two  rovl«  of  the  said  city^  and  upon  Magus- 
muir  (lid  most  in^ickedtie  and  furiouslie  dts« 
charge   ftevcrall   ^botti  of  pistol  Is »  carmbios, 

ttonable  member  of  "  all  crimJDall  libelles/' 
ivithout  ejtceptioQ  efen  of  those,  where,  ac- 
cording" to  ibe  storj*  told  in  tlie  libel,  there  may 
aectu  to  be  do  rooiDf  strictly  speakings,  for  a 
charge  of  accession.  Because  it  may  turn  out 
in  the  trial,  that  thb  story  is  inaccurate  or  im- 
{lerfect;  and  yet  a  new  atate  of  *acts,  or  a  new 
tniti  of  ctrca instances  tuaj'  ap[>€ar^in  evidence, 
sufficient,  in  its  own  nature,  to  involve  the 
pannel,  in  one  character  or  another,  in  the  guilt 
of  the  case,  and  competent  therefore  to  be 
proved  in  terms  of  the  act  of  James. 

**  In  conclusion,  it  appears,  on  the  whole, 
that  under  the  general  charg:e  of  art  and  part, 
as  authuri<^  in  tlie  statute  of  James,  the  pro- 
secutor has  a  twofold  advantage,  Uem*^  not 
only  freed  from  the  necessity  of  setting  lurth  the 
mode  of  the  pannel's  aC€esii*on,  or  tlip  detail  of 
circumstances  which  press  the  suspicion  nf 
guilt  on  him  i  but  haviuf^  a  security  also 
a^nst  the  tffiect  of  ail  such  vanattons  of 
his  proof  from  the  lihet,  with  respect  to  the 
manner  of  doing  the  deed,  as  do  not  alter  or 
take  away  the  fundameotal  charge.  For  m- 
ftanc*,  in  the  ease  of  Nicol  Musiihet,  [he  be- 
in^  in  November  1720  indicted  of  the  murder 
«1  his  wile,  the  charg^c  in  the  diltay  wa^i  that 
OQ^  &r.  he  did  in  a  most  cruel  and  barbarous 
manner  under  cloud  of  night  carry  Margaret 
HalUiisspousetx)  the  king's  park  at  Ifolyrood- 
house,  and  then  and  there  did  wiiruHy  ai>d 
wickedly  murder  her,  by  cuttings  her  throat  al- 
most i|uite  ihroutfh,  and  jfiving^  her  several 
oiher  wounds  w  hereof  she  died ;  with  a  charge 
of  art  and  part  subjoined,  which  was  sustaiueJl, 
and  Muscbut  w-as  convicted,]  If  it  had  ap- 
iieaiTd  in  evidence  that  tlie  pan  net  was  not 
nimself  the  actor  on  the  occasion »  but  had  pro- 
ciireil  ami  hired  anothtr  to  dispatch  his  spousf 
in  the  munner  libelb*d  ;  or  thai  he  had  an  as- 
sociate iu  the  business  who  did  the  deed,  iihile 
he  watched  at  a  convetiienl  di«ftance,to  prevent 
interrupt  ion  ;  still  the  tii>el  ^voulil  havi*  been 
good  jA|piiiist  rHuschet.  For  still  true  it  i*as, 
ihut,  tune  iind  place  for#said,  IVJar^raret  Hall, 
hissiKPUse^  was  murdered  by  cutiin^j  her  throat, 
and  that  tht^  (lannel  was  art  and  pan  thereof| 
as  hbelied.  i 

**  Or  state  the  case,  that  John  aid  James  are  { 
indicted  of  inurdrri  as  actors^  or  art  and  part ; 


baebats  anil  musketts  upoo  ibe 
within    whilk  the    aaid  arrlibi«ho|»   aAkl 
daughter  wer  for  the  tyme,  and  bis  fraoe ) 
ing  opjiined  the  coach  door,  and  com«  * 
to  you,  and  fallinj^  down  iijkjd  liia 
ginif  mercy,  or  tyme  to  recommend 
to  Go<i,  and  pray  for  you    his  tnufderer,  " 
cruell  inhuman  and  sacra legrous  were  j      ^ 
^thout  pitieing-  his  gray  harrs,  <ir  the 
of  his  weepiop-  daughter,  or  respecting  I 
racier,   or  office,  ye  did   most   furinusl 
cruellie  give  the  said  archbishop  iiuuiy 
cruell  and  mortal!   wounds   in   bis    bead,  i 
other  places  of  his  body,  atid  \ti\  him,  dead  aod 
murdered  upon  the  place  in  a  roosl  cruell  lod 
lamentahle  manner,  *  and   in  toekeo  of  jacr 

and  that  the  deed  is  related  in  tbe  libel  at  doet 
by  John  who  stabbed  the  deceased  witk  i 
B%vord,  whde  Jamps  held  bis  bftmU,  and  db« 
abled  him  from  standing  nn  hia  ddbct 
Though  it  turn  out  on  the  trial,  ibal  tbe  hd 
was  othcn«ise,  inasmuch  as  it  wa»  James  vht 
slabbed  the  deceased  with  a  swoni,  while  Joha 
held  \m  hands  ;  still  the  iudiciment  sbatl  be 
good  to  convict  both  John  and  James. 
still  the  bottom  and  substance  of  the 
tjon,  tbe  time,  and  pluce,  and  tnaiuicr 
murder,  by  stabbing  with  a  swoni,  are 
and  both  pannels  are  guilty  thereof 
part ;  which  clearly  falls  unili^r  the  a 
the  general  chnrge  in  the  libel. 

*'  The  charge  of  art  and  part  is 
equally  to  accusations  of  e% »  rv  ^ol  i  : 
so  to  indictments  on  u  ! 
creates  9f»me  new  o^eiirr 
in  our  practice,' as  to  one  i&ud  :it  i  tiiuinoo  its, 
or  on  any  of  our  old  8cottLsh  acts.  For  il^ 
though  m  virtue  of  such  a  statute,  tbe  cfiaii 
or  gudt  be  made  the  same  for  both  part»  of  tk 
kingdom  ;  it  no  ^'me  follows  that  tne  way  d 
prosecution  and  trial  iu  the  two  conntius  a 
to  be  the  same  too,  nor  that  our   pt^^  '  " 

be  bent  aod  aooomtooilated  to  th 
On  the  contrary',  as  tn  each  C0utitr>  mt-  I'lv^- 
cution  must  be 'before  its  own  courts  and  taagil' 
trates,  so  must  it  also  be  con*!"'  '"^  ••♦  ««ri, 
according  to  its  own  custom  a  fpr^ 

eei^s,  no  matter  though  in  con ^^  ,  ii  tk 

d liferent  rules  resjpecting  the  tnai  ot  aeee** 
saries,  the  tnnixe  of  tbe  prosecutii^n  t(ilhet«f 
countries  may  sometiines  happen  to  be  ^ 
fereot.** 

^  C*oncerning  the  archbishop  Kttarp,  aadsi 

attempt  upon  him,  ^hiclk  ]  autti^ 

some  years  beibret  sec*  in  i  f<l.  ^ 

p.  1907,  the  Trial  ol  Jame»  lm  ncnei. 

Wod row's  account  of  this  trenKactiua,  aa^  lol 
reOectioiis  upon  it,  are  as  follows : 

**  Bishop  Sharp  had  been  som**  tlni  <;  in  TJa\' 
burgh,  putting  things  in  order  i 
to  court:  be  had,  upon  the  fi 
tbe  proclamation  anent  arms  i 
14,)  passed  in  council   with   > 
and  >lay  f^  in  the  aftcmooD,  bu  wutt  ^>^va  i^e 


\^2 


STATE  TRIALS,  32  Charles  II.  l680.— /«•  Trnnn. 


S13 

^hUI  of  ifae  foresatil  horrid,  im|iious  sad  sa- 
SpiI«gioi]«  murder,  ye  did  not  oofn|i^ar  m  the 
tonii  of  St.  Andrewt  iiuon  the  tbreteint  da>  of 
^^ -  . 

^Brib,  ami   came  to  capLaiii  Selou^  house  in 

^Brououay,  where  he  loiJir«.^aU  ni^^liL    If  auy 

tiody  came  that  Qii^ht  to  Keiinouay  eiK|uirjng' 


[814 


the  said  moneth  of  May  1679,  nor  m  the  touik 

4jf  Coii|)^  upoti  the  sextelnt  day  of  the  said 
moueib,  oor  within  the  Wub  of  Ktrkaldig  upOQ 

**  In  ihdr  going  ioirardsthe  coach,  ooe  of  the 
compaiiv  proposed  lliat  some  mie  shotiM  uko 
the  Jeadint^  and  command  uf  the  re&t,  nnd  that  < 


about  him,  as  tlie  pnntt-nl  accounts  by  the  pre-     they  should  exactly  obey  his  orders  ivlmteier 

fell  mil,  aod  Ralhillet,  notnitbfitamliriir'  his  op- 
poisition,|was  g-etjf  rally  nsirocfd,  Uyt  be  loUl  ih^iB  < 
tbci*e  had  been  a  dmerence  betwixt  the  arch- 
bisbop  and  him  in  a  civil  procefis,  wbcrelu  he 
reckoned  be  was  iirronged  by  th«;  pnmale ;  and 
thuu£^h  ill  anv  other  case  be  would  no|  refuse 
to  do  them  afl  tlie  sen  ice  be  con  Id,  yet  by  no 
meniJH  coubl  be  at  all  act  in  this  matter ;  and 
be  Wilis  of  opioion,  that  it  was*  very  improper, 
tbouifb  be  could  joy o  with  tbeni^that  bekbuuld 
couiiuand  them,  since  it  would  |five  the  world 


|mriy  say,   J  am  assured  it  was  none  of 

people  who  fill   in  wilb  bini  lo  morrow. 

y  3,   be  went  bomf  ward  to  St*  Andrews, 

Umk  Ceres  Jii   bn  viiy,  sliippt^l    there, 

smoked  a  pipe  v^ith  the  rpi«icopal  iticutu* 

t. 

The  persons   before  spoken  of,  uine  in 
ibcr,  some  of  whom    were  g^entlemen   of 
families,  being  tond  of  a  meeting  with 
ijcbael,  came   abnud   pretty   early  upon 
Hatnrdiiy  morning-,  and  tiaverbcd  the  fitflds 
ond  down  fiearchctf  the  bills  above  Cowpar, 
'  some  other  placeu,  ^nr  some  hours,  but  dirf 
noi  (ind  biuL     The  reason  of  tbuir  not  finding 
iiD,  as  the  aliove  accounts  bear,   woa,   that 
^a   Carmidiael  came  nut  tn   bis  bunting 
III  Scotstarbet^  a  shepherd  ibercabout  ad- 
the  baity  to  j^o  hinne,  Ibr  s»ome  gentle- 
had  been  enquiring  about  him ^  at  him,  and 
wry   desirous  lo   iiitet   with  bini:  and 
[ichael,  not  without  some  fear,  retuminj^ 
\  his  sport,  went  homewartl, 
**  They  continued  aearching-  till   near  the 

fd)e  of  the  day,  and  by  tbi^  time  they  were 
ic  about  a  raiJe  to  the  4aiitv*ard  of  Ceres  ; 
being  ^^earied,  and  beginning  to  de«pairof 
ting'  Hitb  Citrmicbael,  ibey  wtre  joj^t  tatk- 
loffether  of  parting^  and  nuittiug-  tlieir  jiro- 
jeci,  w  ben  a  boy,  a  servant  o^  Black 

m  fartDer  therealiuuts,  came  up  with  them,  and 
infarmeil  tliem,  that  tlie  archbisbop^s  coach  wa*» 
in  Cere«,  and  within  a  little  lo  come  up  towards 
plebfsliole,  not  far  from  them. 

*'  Tills,  as  some  of  them  in  their  account* 
tty,  did  icrv  much  surprii»e  tbem,  and  raised 
tnaii^*  tbougrits  of  heart ;  the  incident  was  so 
odd,  that  just  when  parting-,  and  ^i^ing  over 
tlietr  neat cb  for  ibe  servant,  the  miitjt&'r  should 
^Itutu  ijieir  bnnds :  thai  wbe-n  they  liad  mia«- 
<d  the  enemy  iliey  were  looking  for,  their  arch  - 
tmemy  and  touiitain  of  all  tbeir  wu  SkhouJd  fall 
|tt  iheir  way^ 

•♦  One  ot  tbem  said,  It  sevms  be  is  delirered 
into  our  handti,  and  proposed  ibey  should  cut 
him  off,  having  such  an  occasion.  3rr.  Hack* 
tt^un  of  Hatbillet  oppn>ed  Ibe  motion,  as 
besinj^  a  matter  ol' bloixi,  and,  a^  bethou^^ht,  of 
ike  last  conse<[nence  to  tins  nation  and  churchy 
and  what  requirnl  more  di^bb-eration  by  far. 
Bot  what  he  very  stronffly  uri^ed  was  not  of 
weifi^bl  eiioiJifh  to  stop  then*  from  the  attt-mpt. 
1  tind  some  accounts  adt^  that  alter  reasoning* 
Ojjon  this  he^d,  one  of  ibem  prayed  (i^rroudutrt 
and  direction;  and  after  tbaC  Hatb^det  tM 
tlH-m,  though  lor  what  be  saw,  ibt^y  s*  emed  tii 
lie  clear  to  ^o  on,  yet  Im;  nas  not  at'all  satixtietl 
in  hiM  own  tnind  aneut  it.  Howevtr  Ibe  rest 
Yveot  forward  in  their  dei»igii,  and  h«  would  not 
p«ftviith  th«ia. 


ground  to  fiay,  that  what  they  did,  was  from 
iversmial  piqne  anri  revenue,  wliirh  be  pi 


I  piqne 
tree  of. 


protested 

They  all  declared  tbeir  having 
no  pei*»onal  grudge  at  the  man,  but  at  bis  way 
and  practice,  and  so  chose  another  of  their 
number  to  be  tbeir  leader. 

*^  By  ibis  time  they  were  come  to  a  littlo 
village  about  two  mdes  from  St,  Andrewa^ 
catted  Magtis,  near  to  which  they  descried  tbo 
bishop's  coach  ;  whereupon  ont'  4if  tliem,  opOB 
a  Beet  boriip,  nnle  up  to  tlie  coach  ^  to  see  if  tbs 
bishop  was  in  it.  The  bishop  noticing  him, 
cried  out  it*  the  courbmao  lo  drive.  The  gen- 
tleman bearing  this,  cast  Ins  cloke  fromhim« 
and  pursued  at  full  i^peed ;  the  rest  did  the  like* 
and  came  nu  as  iiint  as  they  could  ;  only  tbo 
pers^on  \ibobad  the  debate  with  the  bishop  kept 
at  some  distauce,  and  did  not  at  sU  engage  in 
the  action. 

**  While  pursuing  a  little  this  way  in  Magtm- 
muir,  one  of  tlie  bishop^s  servants,  named  Wat« 
lace,  turned  upoe  tbem^  and  cocked  his  piece; 
but  two  of  tbem  coming  up,  soon  dismounted 
him,  and  tcMik  his  carbine  from  him.  McftivJ 
while,  as  the  coach  drove  turiously  away,  ihej 
shot  their  nms<(]uets  at  it,  but  could  not  stop  it, 
till  the  person  upon  the  fleet  horse  came  np  to 
the  coach,  crying  out,  Judas,  be  taken.  The 
primate  called^  tiie  more  violently  to  the  coach* 
man,  l)ri\e,  drive,  drive.  Tbe  coachman  kepi 
off  the  gentleman's  horse  from  him  with  hit 
whip  ;  but  he  came  up  with  ibe  postilion,  and 
called  him  to  stop  ;  and  he  dnving  on,  bo  , 
struck  him  over  I  he  head  with  a  sword,  and 
disnjounteil  hinn  and  .straightway  cutted  tbo 
traces  of  ilie  toach,  and  shopped  it. 

*^  By  ibis  time  the  rest  were  come  up,  and 
found  tbe  bishop  and  his  dungbter  in  tbe  coach. 
The  captain  order efl  bim  tii  come  out,  that  no 
prejudice  might belall  bis  duu*tbti:r,  whom  they 
would  not  willingly  hurt^  This  he  refused  ; 
whereupon  two  ot'  tlieni,  tbe  rest  being  taka^ 
up  in  dismounting  and  securing  the  serraDta, 
pouriid  in  their  shot  on  the  hisbop^s  botiy,  hit 
daughter  shrieking  and  weeping  most  bitterly, 
and  were  mounting  their  borates  to  go  off,  m- 
tnring  themselves  lie  was  killed.  But  one  of  i 
them  heard  his  daughter  say  within  a  litllei  O I  ^ 


«1&]     STATE  TRIALS,  52  Chablis  II.  iWC— Tm/  ^  t>9M  lAeMmm. 


(he  twetitie  day  tlierof  nor  in  the  toon  of 
DamfemiliDy  upon  the  twenlie  third  of  thf^ 
tame  month,  dayef  and  p1«ce«  appointed  for 
examinatton  of  tlie  heritors,  tenneuL^,  couani 


there  ia  life  id  yet ;  npon  which  he  ^ot  a^io  to 
the  coach,  nnd  cnlltMl  the  captain,  und  the 
othenft  Trho  ibimd  the  hishop  safe  aad  whole, 
not  in  the  least  touched. 

**  Whereupon  ihr  cxiptnin  commanded  him 
to  oome  out^  and  some  discourse  passH  'txrixt 
Ibeiii,  wtiicb  I  shall  set  down«  as  lelt  nnder  the 
luHHk  of  some  irhn  were  present.  While  the 
Iwhon  HngcfCfJ,  and  crieti  for  mercj',the  com- 
tnaniKr  said,  *  1  lake  Ct<«1  to   wetness,  whose 

*  cause  I  desiire  to  ovin  lu  adhermg;  to  the  jitfr- 

*  secutel  gospel^  that  it  is  not  out  of  any  hatred 

*  of  your  perstni,  nor  from  any  prejudice  you 
«  have  done  or  couhl  do  to  me,  that  I  intend  now 
■  to  take  your  hf*%  hvit  because  you  have  been, 

*  and  still  continues  to  he  ixn  avawed  oppo:ter  of 

*  the  gospel  and  kingdotu  of  Chnst,  and  a  raiir- 

*  ittet  Of  hrs  saints,  whose  blood  you  have  shed 
•like  water/     Another  of  them  said^  *  rrpent, 

*  Judas,  and  come  out/  All  the  bitihop  an- 
twereil  wa&,  ^  Oenflptneo,  save  my  life,  and 

*  I  will  save  yours/  The  first  replied,  *  I  know 

*  it  is  not  in'your  power  citheT  to  save  us,  or  to 

*  kill  us ;  I   aguin  det'hire»   it  h  not  any  parti - 

*  rular  tV'ud  or  quarrel  I  have  at  you,  which 
'"I  moves  me  to  thi>*  attempt,  hut  because  yoii 

^aris  an  enemy  to  I'tirist  and  biis  interest,  and 
I  have  wrung"  your  hands  in  the  h|oud  of  his 
^saints,   nut  only   after  Pentlaud,  hut  several 

*  times  sime,  and  particularlv  t^>ryour  perjury, 
I  mad  shi-fJding  the  hhiod  of  >lr.  James  Mitchel, 
^and  baling  a  band   in  the  death  of  Jamei^ 

Lermont,  and  your  perfidious  betraying^  of 
^  the  chirrch  ol  8cot]aotl :  These  crimeJ,  added 
^  he,  and  that  blootl  cry  with  a  loud  vutce  to 

^iiftven  for  vengeance,  and  we  are  this  day  to 
»il/     And  again  he  ordered  him  to 

„^out,  and  prepare  for  death,  judifment,  ami 

dernity.  The  bishop  still  refused,  and  cried  for 
metcy,  and  offercJ  laim  money  to  spare  his 
life*  The  captain  »atd«  Thv  money  perish  with 
llftfe,  and  totd  bim,  he  allowed  him  time  to 
pray,  and  commanded  him  a^n  to  come  nut. 
TliL'  bishop  still  refused.  One  of  the  company, 
|pl  sKimu  di«tiince  cried,  *  secini^  there  bare 
"  been  so  many  lives,  unjustly  taken  by  him, 
•for  which  there  is  not  ihc  least  sis^n'of  re- 

*  tienlnnce,  we  will  not  be  innocent,  if  any  more 

*  be  taken  that  way.* 

**  Then  one  of  them  6 red  a  pistol  at  him  in 
the  conch,  which  it  seems  did  not  touch  him, 
(find  another  wounded  him  with  a  sword  j  at 
rhich  the  bishop  cried  out,  Fy,  ly,  f  am  gone: 
Ijet  the  wound  was  not  mortal.  And  beiu|^ 
l^aiti  calleil  to  come  out  of  the  coach,  he  said, 
IB MQ  gone  ^already,  wh At  needs  more  P  Then 
ey  stepped  near  him,  to  pull  biro  om ; 
fim  whidi  he  crietl,  I  know  ye  will  save 
life,  I  will  come  out  ;  and  according^ly 
s^ont.  Audkin^  ai^ron  pressed  to  pray, 
H  dbwn  upon  Kia  knem  betbre  the  captain, 
'ftadwd^  Rw  Godfr  8afce>-  i»re  my  life,  larc 


and  serrants  dwelling  with  in  Ike  thytci  i 
Fyff  and  Kinross,  bdfbr  the  sheriff  dn«li 
the  said  shire  commissi onat  for   e  *"~ 

them,  in  |.  esence  of  ihe  witnejs 


il^t 


my  life ;  oHerin^  him  money,  and 
to  lay  down  his  episcopal  funriion. 
mander  told  him,  he  had  been  wttboat 
and  needetl  ejcpect  no  mercy,  ond  be  enuld 
spare  his  life,  and  again  pressed  him  U» 
tor  death,  and  |>ray.   One  of  these  pi 
drew  <^ui3lan,tohrmy  infonncr^  that 
stunned  to  see  his   cJirria^;*',  aud  ihall 
means  would  he  be  prevaile«l  wiili  to  pm] 
another  ni  -  --"'^   iKnl  they  were  tsiighf 
prisetl  at  eticss,  and  ihfti  thai 

not  (he  Ii-.  -  ^  .  t  cn»iocm  about  him 
This  Andrew  was  pre^»cnt,  and  did  noiloiidi 
him,  but  endeavoured  to  secure  hts  diirtlff 
fnmi  hurt  and  danger,  when  she  w^itld  |iNP> 
pOBo  *'wixt  ilie  actors  and  htiti, 

*'  Instead  of  olferin*;^  to  i»ray»  be,«««iif  lb- 
thtllet  at  some  little  di<titnce»  credit  tMVtril 
htm  on  hi'  I  haw 

you  are  a  e,  Wf, 

Hackstouti  luiM^  etni.  lTiij  .  i  ^n,i:i  nrvertlfl 
hand  on  vou ;  and  rode  a  little  off,  for  dlttii 
time  he  Jul  not  aligrht. 

*^  The  bishop  tindine  this  «rt  to  M  kiBm, 
turned  to  them,  and  be^^.'-'l  iX^^v  m'iahntm 
the  lite  of  an  old  man,  n  wdoM 

obtain  ibeiu  a  rem iiMon,   i  I  M at- 

tempt the  life  of  a  privy   1 1  TU 

captain  warned  him  that   titey  i  tpi 

him  longer ;  if  he  did  not  addrrss  ij«d  pft^ 
sently,  tbef  knew  what  to  do.  The  binofi^ 
courage  still  continued,  and  he  proiHmed  mm 
new  desire;  upon  which  they  uischar;^  ^ 
other  shower  4»f  shot  ujwm  him»  wherei^QS  h 
feH  backy  and  lay  as  dead. 

*'  But  one  of  them  p^'r-  -  '  —  n  prick  vlii 
his  sword,  he  raised  bin  ;  tnev  kigM 

to  imagine  shootings  wotili.  ,,,,.  ..vr,  ^ud  tbeooiB* 
mander  ordemi  them  all  to  draw^  their  swiitdL 
Andrew  Guillan^s  expression  to  tuy  inft^nfirr  it. 
that,  npon  the  sight  of  cold  iron,'  i 
his  courage  faileiJ ;  and  thou^rh  U  ; 
insisted  in  his  petitions,  Hud  »ermed  n\A  ^ 
regartl  their  warnings  much,  yrt  no*  ht 
mtide  hideous  aud  terrible  shrteka  asefo*  wflt 
heard. 

»' The  com  mander  »et'  xwauU 

preTatl  with  him  to  go  al  >  kt  yrf 

]>&ratiott  for  death,  with  n   mi  i  k  biffl 

on  the  fiice,  and  one  of  bis  t  ftewa; 


he  e^tiyed  to  sjk  5^"^ 
understood.    Tlie\ 
wounded  him  in  s<^v^ . 
outright. 

AlWr  thebisbop^ii 


i-..  ,  i :icdhi« 

(killed,  the  esiit«afv» 
ceived  any  arms  wtiich  the  serrmnis  Iwfh  i»^ 
were  frve,  two  riders,  a  foolnnm,  the  rnad  ^ 
and  iHJitillion.     He  ordered  ti  *lS 

their  pajiers  ;  they  said,  thi  ^ 
he  went  to  the  coach,  and  c 
and  rinding  notliin^  in  it  hwl  i 
beloD^g  to  the  bi&hop's  datigtncr,  it  tf »» t 


|irc9Pfit  at  that  execrable  murder ;  an<f  notwiib  - 
flUijdJri^  h'm  majestiei^  proelaniation,  deleil  the 
fbofttl  of  Maj  the  j^aid  year,  requyrifig;  tliem 
tbereto,  beai^  eertiHcatiun,  tliat  such   c»f  the 


STATE  TRIALS,  32  Charles  If.  1680,— /i>r  TYeoion.  [818 

tennaiili,  eottars,  serrauts  ami  others^  asshoulA  i 
be  absent,  should  he  rt;iiutcil  as  accessory  tO  1 
the  said  cryme*  and  that  the  ibrsaid  procia-  ] 
ttiatton  did  sii^ienieid  all  execution  upon  letters 


in  again.  He  found  another  Jitrle  box  with 
|ia|ieTa^  whirh  lie  seized,  fn  a  tnnsk  upon  the 
coach  he  found  a  lew  tun  re  jjapcrsf  and  a  larj^c 
Ub\e  fall  of  tine  cuts,  and  th<f  imluves  of  Christ 
and  the  New  Ttstament  Sanris^  and  s*»nje  pas- 
^~ne«  of  the  history  of  the?  IMUh-  in  Taliduee, 
I  a  case  oJ'very  fine  Fi ouch  piittils,  all  uhieh 
took.  The  itst  of  the  trunk  euntuinrd 
besajid  forailure^  which  Uiey  dtd  not  touch, 

r;  notliinj^  but  |iupcr»i  and  arrus. 
n  the  hi^ho|i's  pockets  they  found  neither 
iKir  g-cdd,  hilt  only  some  letters  aud  pa- 

Bd  a  whing-er  irith  silver  roves,  and 
lutbrm.  Several  of  theibremeiitioned 
bear,  that  ihey  found  on  the  hJ6ho|{  a 
some  pistol-^11,  fhreadi  of  worsted, 
ADd  other  mid  things  in  it,  tvhich  tliey  kntvr  not 

Kit  to  make  of 
This  is  all  I  have  lupt  with  a?  to  the  luate- 
circtmistance?  of  this  lUct,  and  I  hcivc  jfiven 
1  found  it  in  papers  which  are  writ  by  por- 
tions present,  who  only  indeed  could  <»ive  ac- 
(K>unts  of  tliiii  matter ;'  atid  they  Hgrre,  as  far 
ms  I  can  learn,  with  the  accounts  which  went 
up  iiud  down  after  the  murder  was  oomioiltcd. 
All  tliis  took  np  about  three  quarters  of  »n  hour 
jhpai  mid-day,  Hwjxt  twelve  and  one  of  the 
^K^,  ^turday  May  3,  this  year, 
^^  A%  they  vVent  off,  they  luet  a  man  very 
wdl  tnountefJ,  and  asktno:  hirn  what  he  was,  he 
aHi^erpd,  <iuc  of  my  lord  bt.  Andrews's  ser- 
tiiits,  whom,  it  seKms  the  bishop  had  sent  off 
tin  pay  his  i-e^pects  to  some  persons  alxiut :  they 
kBiouiited  him,  took  his  arms  trom  hiiti,  and 
^B«  away  Im  horse  to  shitlt  for  himself,^  ah  they 
^Bformcrly  douc  to  the  other  two  riding  ser* 
^Bls,  aud  thu^  rode  away  in  a  body  to  a  place 
wifte  or  four  iiuWh  distant  from  Magusmuir, 
where  this  nction  was  done. 

KThe  aclo!^  iu  this  blnmly  tragrdy  could 
>ut  wonder  at  their  own  preservation,  and 
^  when  this  fact  was  a  doiuj^  in  the  open 
I,  at  the  heit^ht  of  the  davi  iu  fhls  season 
be  year,  and  e^o  many  piVees  discharged, 
Wty  were  neither  inlerrnplcd  or  discovered ; 
anci  this  WHS  tlif^  rtiorc  stnmge  to  them,  tliat 
Hiere  were  fiohlicrs  lyin*^  upon  every  hand  of 
llieiD,  in  Ljir^o,  B^dchristie,  Lailernie  and 
Cowpar,  aU  tvttliifs  a  very  few  miles  of  ihe  place, 
hes^de  parties  of  troopciTi  continually  mngiuji^ 
up  and  down  the  shirts ;  and  yet  they  gr>t  off 
wtthmit  ob^rvatjon,  and  continued  together 
till  tiifcht,  looking"  over  the  ptipers  they  had  g-ot, 
•*  Among  the  paper's  tht- y  found,  these  are 
tiie  most  considtr^^'l'-  ^  sritV  of  nonentries 
of  seireral  gfcatlem-  loFiie,  and  else- 

where, to  A  Iciiimh  I   Kinninvie,  with 

instruct  ions  and  informTitiuoiii  how  to  prosecute, 
in  onlcr  to  the  e^ictlou  of  the  lands,  the  patent 
0f  the  hiAlroprick  of  Dutikeld,  in  favoiub  of  Mr. 
Andrew  Brtkce  archdeacon  of  St,  Andrews,  se- 
preieQtatioiM  to  churchei  whereof  the 
Tat,  X, 


king^  is  patron^  instructions  to  conjunct  depaties^  I 
and  new  gifts  of  tlie  heritors  frues,  a  iiaper  I 
about  popciy,  wheri'of  a  t'ull  account  could  not  i 
be  g-iven  when  the  information  witeuce  1  take  [ 
i\m  was  writ,  several  mif>iiives,  and  other  papers  i 
of  HO  consequence.  i 

^*  After  they  had  lookt  through  the  pap«rtf^  j 
they  eontinuecito|j; ether  iu  tlie  foresaid  house 
till  the  evening-,  and  then  separated,  and  every 
one  shifted  for  himself  the  Ust  way  he  might* 
This  is  the  l)est  acconnt  I  can  ^ivc  of  this  mat- 
ter; and  in  the  matters  of  fact  there  is  a  con- 
cun*euce  of  two  or  three  accounts  1  have  seen^ 
none  of  whicli  that  I  know  of  have  been  printed, 
and  therefore  I  have  given  them  at  the  wore 
length. 

**  They  are  indeed  all  upon  one  side;  and 
therefore*  in  a  matter  of  this  nature,  which  only* 
can  be  fully  known  by  hulanced  accounts  of  ! 
both  sides,  1  think  it  but  fair  the  reader  should 
see  what  is  said  upon  the  other  side.  As  far 
as  I  have  noticed  what  is  printed,  there  is  ae 
very  great  ditlerence  as  to  matters  of  fact  j 
iliere  is  indeed  considerable  dilTerence  as  to  th*-^ 
carriage  and  character  of  the  bishop^  The 
written  accounts  I  ha^e  made  use  of,  represent 
him  as  most  avei*se  to  prepare  for  death,  and 
the  printed  accounts  represent  him  as  a  saint. 
It  is  my  business  to  give  matter  of  fact  as  1  find 
if ;  and  therefore  that  the  reader  may  have  the 
other  side  of  the  story*  I  have  insert  an  account 
of  this  matter,  published  by  authority  and  order 
of  the  priry  conucil.  The  former  accounla 
arc  taken  from  the  actors*  papers  aud  relations^ 
and  this  from  the  bisbop*s  daughter  and  ser* 
vants,  and  1  shall  make  no  reflections  on  it; 
only,  the  muticrs  of  fact  formerly  related  ia 
this  history,  and  the  known  tenor  of  the  uri- 
mate*s  acting's,  give  no  fouudation  for  sucii  ik 
character  a?»  the  bishop  gets  in  tliis  papr. 

"  Some  f^her  accounts  of  this  matter  I  hare 
seen,  which  I  shall  very  shortly  paiis.  One 
was  printed  at  l^ndon.a  lew  days  after  thia 
fact  was  done,  for  D,  M,  which  is  the  tlatteat 
and  most  in'*ipid  account  i  ever  almost  saw  of 
any  thiug,  and  it  deserves  no  furtlier  notice. 
Another  account  was  published  about  the  same 
time,  intituled^  A  True  Relation  of  what  hasbeea 
discovered  ctincerning  the  murder  f>f  the  Arch- 
bishop of  Sj,  Andrews:  whereiu  this  murder  lA 
htdged  upon  Ralhillet,  and  bis  brother  in  law 
John  Balfour  of  Kink»ch  ;  and  these  two  oer- 
sons  ore  ropiesented  to  have  been  wrongccf  by 
the  primate  in  some  civil  affairs,  and  to  have 
murdered  him  in  pique.  This  paper  was  an* 
swered  by  another,  intituled,  A  Clear  Discovery 
of  the  FaUhoodsof  the  former,  wherein  indeed 
the  matters  of  fuct  advanced  in  the  former  seem 
plainly  en<>ne;h  overturned  i  but  when  tbia  I* 
done,  very  htile  light  is  brought  to  this  matterj 
and  therefore  I  i^ay  no  more  of  it :  only  it  ap« 
pears  to  me  undeniahTe,  that  HatbiOet  was  oQt 


81D]     STATE  TRIALS,  32  CHARLK5  11.  iSM^TrtMl  of  Dmi  HMkiiam,    [828 

or  caption,  or  intercomoniDgf,  or  aoy  other  war- 
and  for  securio^  of  smy  person  for  any 
cause,  tor  the  space  of  fourtie  eight  hours  befor 
and  ei\er  the  foreaids  dyets  of  appearance, 

svctively  concerned  in  tliis  matter.  And  as  to 
John  Balfour,  thoug^h  it  be  true  what  is  in  this 
paper  asserted,  That  he  had  withdrawn  from 
oruinances  for  m&ny  years,  and  was  verv  active 
about  field- conventicles  ;  yet  a  person's  doing 
so  will  neither  make  him  a  saint,  nor  make  the 
people  he  jovns  himself  to,  chargeable  with 
every  thing  he  does  :  and  I  cannot  find  that 
this  ffentieman  had  ever  any  great  character  for 
religion  among  those  that  knew  him ;  and  such 
were  the  accounts  of  him  u  hen  abroad,  that  the 
Kverend  ministers  of  the  Scots  congregation  at 
llotterdam  would  never  allow  him  to  commu- 
nicate with  them.  Indeed  upon  him  I  find  this 
action  is  g^euerally  and  principally  lodged. 

**  A  third  account  of  this  matter  1  find  in 
that  virulent  pamphlet  formerly  spoken  of,  in- 
titided.  The  spirit  of  Popcrv  speaking  out  of 
the  mouths  of  phanatical  Protestants,  Lond. 
1G80.  This  wnter  hath  little  of  fact,  but  what 
is  taken  out  of  the  council's  narrative :  he  adds 
the  certificate  of  a  physician  and  three  chirur- 
^cons,  who  inspected  the  bishop's  body,  to  prove 
tliey  found  one  wound  below  the  right  clavicle 
by  a  shot;  and  in  the  same  certificate  they  de- 
clare, they  found  three  wounds  in  liis  lift  hand, 

which  might  have  proved  mcrtal,  though  he  had 

had  ne  other.     I  am  so  ill  a  physician,  as  not 

10  understand  how  a  wound  in  the  hand  in  itsf'lf 

can  be  mortal.  He  adds  the  nnnu's  of  the  iiinr- 

derers  in  red  letters,  Julin  Balfour  of  Kinloch, 

David  Ilackstoun  of  llathillct,  Gt^orge  Balfour 

in  Gilstoun,  James   Kusscl  in  Kings-kettle, 

Unbcrt  Dingwall  a  larmer's  son  in  (*addam, 

Andrew  GuiTlan  weaver  in  Balmcrinoch,  Alex- 
ander Henderson  and  Andrew  Heuderson  sons 

to  John  Henderson  in  Kilbrachmoiit,  Gcoi-ge 

Fleming  son  to  George  Fleming  in  Balboothy. 

As  far  as  I  can  learn,  Andrew  Guillan  uus 

only  called  by  the  actors  to   look  to   their 

horses,   or    some    such    thing,  but  was  not 

active,  though  present  at  the  action.     Two 

Hendersons  were  at\envards  imprisoned  1682, 

on  this  account,  and  let  go.    Huw  many  other 

mistakes  are  in  this    list,  I  know   not:   in- 
deed this  ^vriter  hath  too  many  false  facts  aiul 

blnnders  for  me  to  follow;  neitlier  shall  I  con- 
sider what  he  pretends  to  bring  to  \  imlicaJe  this 

fact  fiponi  Presbyterian  writers,  Knox,  Napli- 

tali,  Jus  Populi  Vindicatum,  since  none  of  bis 

citations  come  ut  all  up  to  this  ca^^e.    What 

follows  in  point  of  history,  anent  the  Ffigliland 

host,  the  munlir  at  I.6wdon-hill,  and   mrjcr 

JohnstouD,  is  false,  and  his  misrepresentations 

are  already  takeu  ofi'  in  the  former  part  of  this 

history. 

*»  The  last  account  of  the  bishop's  death  I 

have  met  with  in  print,  is  in  the  Caveat  for  the 

Whigs,  Lond.  1711»  part  1,  p.  57,  wherein  all 

the  spiteful  lies  any  where  published  seem  to 

be  cast  tog^ether.     It  would  be  tedious  to  go 

through  2ie  miBtakes  of  this  ill  naturod  aod 


that  they  might  have  saifflie  come  to  and 
gone  from  the  forsaids  places  at  the  aereral 
dyets  of  appeirance,  without  trouble  or  impe- 
dement ;   and  also,  ye  having  bein  inquyred 

malicious  author  in  this  matter.  What  be  talks 
of  lists  of  persons  to  be  murdered,  handed  about 
with  the  archbishop  on  the  head  of  them,  of  tha 
relenting  of  the  assassinators,  their  tramplbg 
his  daughter,  and  many  other  things,  are  un- 
known to  such  who  were  present.  The  ren- 
counter was  certamly  undesigned,  till  they  got 
notice  of  the  bishop's  commg  that  way;  aod 
they  were  so  far  from  being  stirred  up  by  field 
preachers  to  it,  that  tliey  themselves  uad  do 
thought  about  it  till  the  hour  in  which  it  vu 
done.  The  Christian  temper  of  the  primats 
at  his  death,  which  this  writer  harangues  oo, 
is  very  peremptorily  denied  by  such  as  wert 
present,  as  we  have  seen ;  aud  1  very  nuich 
jealouse  those  religious  expressions  are  made 
for  him. 

"  Thus  on  both  hands,  I  liave  laid  this  afiir 
before  the  reader,  from  what  I  have  sesD  ia 
manuscript  and  print  relative  thereunto;  and 
though  many  remarks  might  be  made  upon  die 
whole,  yet  1  shall  confine  myself  to  one  or  two 
which  are  properly  historical. 

'*  One  is,  That  as  none  of  the  real  atiors 
were  taken,  so,  when  the  murder  was  otct, 
they  came  out  of  Fife  for  their  own  safety,  and 
joyn^  themselves  to  those  who  attended  then 
iield- preachers  who  set  up  against  tlie  cm 
and  indulgence,  of  whom  before  ;  from  which 
the  English  papei-s,  yea,  the  narratives  of  die 
after  acts  of  council,  as  we  shall,  hear,'  had 
the  risers  at  Bothwel  with  being  art  and  part  ia 
this  action.  I  do  not  question  but  several  of 
them  were  at  Bothwel  for  their  own  safety; 
but  it  is  very  ill  reasoning,  and  unfair  to  lodg* 
this  fact  ui>on  the  whole  party,  when  pcrliapv 
not  one  of  a  thousand  knewUicm,  or  uhattbej 
had  done. 

"Another  is.  That  this  incident  of  the 
bishop^s  murder  became  not  only  matter  of  re 
proacD  to  the  whole  suffering  presby  teriaos,  as 
Kathillet  fairly  insinuated  to  tlie  actors,  though 
indeed  the  calumny  was  gcouudlcMj,  us  h^ 
been  noticed,  but  also  the  occasion  of  very 
heavy  oppression  and  persecution.  The  prclaiei 
and  eouiicil  took  hold  of  it,  as  a  handle  for  pco- 
sectKiug  the  cruel  designs  the  primate  was  cut 
off  ironi  finishing.  This  was  made  use  ot  as  a 
shibboleth  for  many  \  eai-s,  to  vex  poor  inno- 
cent and  ignorant  loiintry  ])Cople  with,  wbeo 
Seizwl :  and  so  far  is  it  from  truth  which  Lesly 
advunceth,  Cassandra,  No.  2,  p.        '  That  tfii 

<  worst  of  the  primate-s  enemies  liad  nothinf 

<  lay  to  his  charge  but  episcopacy,'  tbat  he 
was  generally  lookt  upon  as  a  very  ill  man; 
aud  the  impressions  of  his  wickedness,  with 
some  other  things  before  suggested,  made  not 
8  few  unwilling  peremptorily  to  jud^  of  thii 
action,  which  a  great  many  others  had  freedom 
euough  to  condemn  as  murder.  Seven!  wcfi 
executed  as  accessory  to  his  death,  who  wist 
entirely  frse  •!'  it,  and  many  othcn  harascd 


821] 


STATE  TRIALS,  32  Charles  II.  ifiSO.— >r  Treason. 


wbitber  tlie  murder  of  the  bte  archhishup  of 
St.  Aadreirs  wm  a  murder,  you  declatre<l  that 
it  was  non.  And  fard^^r,  the  comniissionors  of 
jusUciarv  liaviiig  inquyred  \oii  whitht^r  ye 
irould  deny  tliat  ye  tvas  |*^uilly  of  the  said 
mtmicr,  you  did  refuse  to  answer,  or  deny  tlie 

Upoti  that  score,  agaiast  all  law  and  justice, 
sa  shall  be  noticed  in  tlie  succeeding  history, 

"  Upon  the  whaJe^  Ihou^li  the  most  part  oi' 
good  people  in  Scotland  could  not  but  obserTc 
ind  adore  the  holy  and  righteous  profidence 
of  God,  in  the  removal  of  thjs  vioJcat  persecutor 
and  spring  of  the  most  part  of  the  former  sete- 
ritie^,  at  such  a  juncture,  just  when  upon  new 
and  violent  projects,  yet  tbev  could  not  appixive 
of  the  rnaiiuer  of  taking  Liiu  off,  nor  would 
they  justify  the  actors:  and  the  known  Stanza 
of  thai  excellent  roan,,  and.  in  hi^  time,  good 
poet,  sir  Darid  Lindsay  of  the  I^Iotinl,  upon 
c&rdinat  Beaton's  death,  could  not  but  come  in 
peoplp'^s  minds,  as  not  unappUcablc  ;  with  it  I 
tud  this  section  and  chapter. 

As  for  this  Cardinal,  1  grant 

He  waa  the  man  we  might  well  want, 

€k)d  will  forgive  it  soon ; 
But  of  a  truth,  the  &ooth  to  say, 
Aitho'  the  Lown  be  well  away, 

T\^e  fact  was  foully  done*'* 

f^iUtlUTtTE  of  the  Murder  of  the  Archbishop, 
puhhshcd  by  authority. 

«*  On  the  third  of  May,  a  day  remarkabk 
in  the  church  katendiT  for  the  inventiun  of  the 
lioly  cross,  this  excellent  prelate  found  his,  and 
I  hope  obtained  his  crown,  ^in  which  month 
also,  Henry  4,  of  France,  and  cardinal  Beaton, 
ooe  of  his  predecesisors,  Ttere  assassinated). 
About  niiie  of  the  clock  in  the  monuDg  he  took 
his  coach  in  Kemioway,  a  village  ten  miles 
distant  from  St.  Andrews,  where  he  lay  the 
night  before,  accompanied  ofily  witli  four  of  his 
lerranis,  and  hii*  eldest  daug-h'ter  in  the  coach 
with  him.  About  half  an  liour  before  he  was 
attacked,  his  great  soid^  it  «eems,  presaging 
^jffhat  came  to  pass,  he  fell  on  a  mo^t  pious  and 
Hj^ious  disC4>urse  to  his  daughter,  giving  her 
BM;b  pious  instructions  and  directions^  a»  he 
would  have  doue,  IfufH^nhis  death -bod,  where- 
tmto  she  gate  such  becomings  and  satisfactory 
answeni,  that  he  embraced,  and  formally 
blessett  her :  aflcr^vard  coming  near  to  a  far- 
mer's house,  called  Magus,  be  says.  There  lives 
ao ill-natured  man,  God  preserve ns,  my  child. 
Within  a  very  little  time  after,  the  couchman 
IMirc^iviog  sume  horscmeu  on  the  spur  niter 
ihcm,  calls  to  the  uostiUon  to  drive  on,  lor  those 
men  had  no  goou  in  their  minds.  My  lord 
finding  the  coach  run  so  hard,  looked  out  to 
see  what  the  matter  was,  and  then  perceiving 
armed  men  pursuing,  he  turning  to  his  daugh- 
ter, said,  Lord  have  mercy  upon  me,  my  poor 
child,  for  I  am  gone :  upon  which,  presently 
three  or  four  of  the  ruffians  fired  at  the  coach, 
but  touched  neither  otHliem  in  the  coach  ;  the 
ooachttaa  put  fafier  on,  and  outrun  the  most  part 


murder,  and  caused  delate  these  words  '  refuBeJ 
to  deny.'  Off  the  which  cry  me  of  murder 
and  manftlaughter  yc  arc  actor,  airi  and  part* 

And  also  ye  the  said  David  Hacb^louu  of 
Rat  hi  let,  are  indyted  and  accused  of  ^^ouf 
treasonable    decliuitig   the   judgmetit    ot  the 

of  the  rogues  (my  (ord^s  own  servants,  of  which 
the  best  armed  was  wounded  in  the  bead  by  %  , 
sword,    beinof    mounted    on    weak  hackney 
horses,  had  Jallcn  behind  Ijefore  thiss,  and  were 
disarmed  at  the  fust  coming  up)  while  at  last, 
one  of  the  tet  mounted  o^erhighed  the  pos- 
lifioo,  and  by  wounding  him  on  ilte  face,  shoot- 
ing the  coach- horse  \niich  he  led  in  the  back 
aud  citlting  him  in  the  hams,  turned  the  concU 
out  of  the  way,  and  gave  the  rest  the  adrau- 
U^  to  come  up.     Then  they  fired  again  ;  on^  | 
of  ihem  hod  his  pistnl  so  near  my  lord,  that  the  1 
burning  calfing  m  as  left  on  his  gawn,  and  was  | 
rubbi'd  off  by  his  daughter,  wtiich  wounded  ; 
him    two    or  tliree  inches  below   the   rigl&t 
clavicle,  in  betwixt  the  secoud  and  tliird  rib^ 
and  then  another  of  them  on  the  other  side  of  j 
the  coacli  run  him  upon  the  region  of  the  kidr  [ 
nejs  witli  a  small    sword ;    thereafter  they  i 
called,  Come  out,  cruel  and  bloody  traitor,  hut 
not  any  offered  to  lay  hands  upon,* or  dra^  hini  i 
out  of  his  coath,  as  is  falsi j  reported  m  thmi 
i-elation,    tlie   assassinates    being   all  yet  oa ' 
liOiTseback ;  whereupon,  most  composedly  he 
opened  the  door  of  the  coach  himself,  and  stepi  | 
out,  and  tlicn  said,  Gentlemen,  you  will  spare 
my  life,  and  whatever  else  you   please  to  do^  | 
you  shall  never  he  qu^tioned  for  it.    They] 
told  htm,  there  was  no  mercy  for  a  Judas,  i 
enemy  and  traitor  to  the  cause  of  Christ.     Weil  ] 
then,  said  he,  I  shall  expect, none  from  yoii, 
hut  promise  to  me  to  spare  my  poor  child,  di-  1 
reeling  his  speech  to  one,  whom  it  is  suspected  | 
by  his  looking  him  broad  in  the  face,  he  Vnew,  j 
and  reaching  forth  his'  hand  to  him,  the  hlo<»dy  j 
villain  starts  hack  from   my  lord,  and,  by  Si 
mighty  b!ow,  cuthim  more  than  halftliough] 
the  wnst :  then  said  my  lord,  I  hope  ye  wifl  I 
gi\e  me  some  time  to  pour  out  ray  soul  to  Godp  ! 
and  I  shall  also  pray  for  vou  ;  and  presently  j 
fa!li  ng  on  his  knees,  he  said.  Lord,  forgive  ihemp  J 
for   I  do;  Lord  receive  my  spirit.  While  thus  1 
pray  ing  on  his  knees  (one  of  the  traitors  standing  j 
some  pares  off,  called  to  the  rest.  Spare  thos^l 
fjroy  hairs)  and  his  hands  lifted  up,  they  struck^ 
luriously  at  him,   and  wounding  him  therctni 
in  three  places,  which  nevertheless  he  kept  upl 
bleeding  to  heaven,  while  one  of  them  cut  htm  tdi 
the  very  bone,  a  little  above  the  left  eye,  wher©- j 
upon  my  lord  said,  Now  you  hare  done  the] 
turn  J  then  falling  forwai'd,  he  stietcht  hlmse: 
out,  and  laid  hisliead  on  his  arm,  as  if  he  1 
been  to  compose  himself  for  sleep,  when  son 
of  the  villains  from  their  horses,  and  others  I 
foot  (having  alighted)  gave  him  about  fifteeftj 
or  sixteen  wounds  in  the  head,  and  in  effecttl 
the  whole  occipital  part  was  hut  one  wound  n 
after  which  they  rifled  his   pockets,  and  toofcl 
some  papers  out  of  them  j  and  so  mad  was  their  ^ 
spite  and  rage,  that  even  atler  b«  Was  dead. 


STATE  TRIALS,  32  Charles  IL  l6so.— Tl^rf  */  Damd  Jhtkiioumt 


I 


kin^^s  m«jestie  bis  aires  and  saccessora,  and  of 
las  counciU  aad  judces,  contrair  to  the  1^9  act 
8  par,  king  James  nm6,  whereby  it  U  staluf, 
Wkud  ordained «  that  his  bjnes  his  airs  and  auc* 
ttsoT^t  he  themiiclves  and  ther  councils  arc, 
juid  in  ty  me  to  come  ^hall  be  judgies  comp^ent 
to  atl  {)ersons  hm  hynea  suhjecta  of  iirbatsom* 

aid  tbe  murdererB  ifone  iome  way  frOTQ  the 
l>ody,  one  of  tJie  runotis  and  bloody  assaMina 
Tctumetl,  and  thrust  twice  or  thrice  at  Iiitn 
^Ib  u  Kword.  They  robbed  his  dnugliter  of 
■ome  coM,  and  othei*  things  ahe  bad  in  a  httle 
box  (they  had  wounded  her,  thmstinif  at  her 
father,  tit^tuixt  whom  and  them  ahe  had  in- 
terposed herself,  by  a  stab  in  her  tlii^^'h,  and 
•one  of  her  thumbs)  then  they  took  away  my 
lord's  bible,  niphi  bag,  gtrdte,  and  aome  papers 
of  moment :  tnev  also  rubbed  his  serrant^^  and 
toolt  their  arms  from  them,  and  then  went  awav 
ss  they  came,  and  encountered  one  of  my  lord'a 
g^ntJemen  he  had  sent  off  some  time  before  to 
salute  the  earl  of  Crawford  in  his  name  bavingf 

Easaed  near  to  his  house  :  one  of  tbera  called  to 
ill  him,  for  he  was  one  of  Judas's  servania; 
others  came  and  took  his  papers  in  his  fore- 
|KH*kets,  and  arms,  and  hid  him  begone,  for  his 
master  was  ijone  home  before  him.  The  place 
Whej*  this  horrid  murder  was  committed,  is 
<^Jlt'd  .lla^'us-muir^  within  two  miles,  and  in 
Si^sr^it  of  the  town  otSt.  j*ndrews» 

**  Til  us  fell  (hat  excellent  prelate  (whose  cha* 
ipacter  and  \t'orthy  acts  desene,  and,  no  doubt, 
Will  find  some  excellent  pen)  liy  the  hands  of 
nine  fantitic  ruffians;  That  they  were  so,  is 
not  to  be  doubted,  their  niimes  being  all  now 
ItfiowD,  and  all  of  them  dcnooncc<l  or  intcr- 
communed,  for  freqiienling  tield-convrnticles, 
«nd  the  known  cbumpions  of  that  party  in  the 
ihtre  of  Fife  ;  besides  their  holy  santiiHt^  dis- 
course at  the  time  of  their  Glowly  acting!!, 
shews  what  tenaper  of  s|writ  they  were  of.  I 
bave  done  with  my  rchnon  (attested  to  mc  be- 
fore famous  witnesses  by  my  lord^s  daughter^ 
and  those  of  his  servants  "that  were  ao  unfortu- 
nate to  be  sjicctators  of  this  execrable  Ti!Ian>) 
when  [  have  observed  how  ridiculous  the  au- 
thor of  the  pretended  true  one  is,  where  he  en- 
deavours to  discover  the  occasion  of  the  murder 
€>f  the  archbishop  of  St.  Andrews ;  for  what 
Med  iraa  their  of  any  thing  more  to  provoke 
toem,  than  his  being  an  archbishop,  and  the 
primate  of  Scotland,  and  the  most  active,  as 
\rell  as  the  most  rererend  lather  of  this  church  ? 
Was  it  not  for  this  reason,  that  he  was,  on  the 
•trccts  of  Edinburgh,  shot  at  by  Mr.  James 
Mitchel,  while  in  !iis  own  coach?  Was  not  this 
the  reason  that  these  fanatick  books  from  Hol- 
land, both  some  time  ago  and  of  late,  marked 
Out  his  tacrum  caputs  as  they  termed  it,  and 
devoted  him  to  a  tTuel  death,  and  gave  uut 
predictions  that  he  should  die  so  ?  which  they 
«»sily  might,  being  go  active  in  stimulating  and 
prompting  uistrumeots  to  fulfil  their  own  pro- 
pbecjes. 

^  *  1>  Lord,  how  unsearchable  are  thy  judg- 
t  tuentSi  and  thy  ways  past  fioding  otitl*  " 


ever  estate,  de^^ 

ever  they  be  cifi 

mutters  wherein  tht^  fu  lui)  o*   Ui^m  %h^\ 

appreheudtt^  summoned,  or  charged,  to 

to  sick   things,  as  shall  be  inquired  of 

be  our  ^id  soteraigne  h»rtl  luid  htH 

and  that  iion  of  tliem  wbilk  aliall  liap^ 

Wodrow  duo   gives  the  Ibllowitig  Inaini*! 
meotg,  relating  to  ttiis  Murder: 

Procuration,  May  4,  for  Discoverr  of  At 
Itlurderers  of  the  Archbiabop  idT  St*  ii- 

drews. 
♦'  C'liarlesi,  by  the  grace  of  God,  king  «f 
Great  Uriiain,  France  and  Ireland,  ddeoder 
of  the  faith  :  To 

our  L)  on  king  at  arms,  and  bis  bfedyvOi  be- 
raids,  uuicers,  or  messengers  at  anna,  oorilM* 
rifift  in  that  part  conjunctly  and  severmMyi  m* 
cially  coiuttUute,  greeting,  VVe  t>eing  fWljr, 
and  by  legal  proofs,  assured  of  tlw^  \  t^  Horn4 
and  bloody  murder  committf-^  urdij 

last,  being  the  third  of  May  in  ;  wftSr 

eleven  tanatickassassioateSfUpoo  the  paimaf 
tiie  most  reverend  father  in  God,  Jamca  kAe 
archbishop  of  SL  Andrews^  primate  of  all$M^ 
land,  which  barb«rouH  ;ind  inbutuaiie  a«l«M^ 
tiou  and  parricide  will  (we  doubt  not)  mtmi 
hon^r  aiul  amazement  in  all  the  hearts  of  codt 
as  believe  that  there  is  a  Gotl,  or  a  rbristiAS 
religion,  a  cruelt^r  excelling  the  barbvitj  e( 
pagans  and  heathens,  amongst  wbofn  tbe«£^ 
cej^s  and  mmislers  of  rcligiou  ai**  reputed  It  bt 
jr:icrcd,  and  are  by  the  respect  iKtm  to  tb« 
Dtiry  which  they  adurc,  secured  agmin;^  iO 
such  bloody  and  execrithle  atlefnik!*w  a  rrueliy 
exceeding  the  belief  of  all  ti  ^mi, 

whose  churches  h;iTe  justly  !>ii,_  i,  with 

the  marks  uf  iiU|Hi  ty,  nil  such  as  deiilc  with 
blood  those  hands  wliicli  they  ought  to  tiolil 
u|»  to  Heaven,  and  a  cruelty  equal  to  any  widi 
which  we  can  reproach  the  eneauea  of  tbts  tnat 
and  rsfom*ed  church  :  by  which  also,  not  ooljf, 
tlie  principles  of  human  societVi  but  our  aiit* 
rity  and  government  (the  said  Ari^hbtshop  be- 
ing one  of  our  privy  council)  is  highly  vio- 
laitnl,  and  example  and  encouragement  gifot 
for  nuirderiug  ail  such  as  scr*  e  us  fa»thfoW| 
according  to  the  prescript  of  our  laws  aM 
royal  commands,  daily  lustances  whereaf  Vte 
are  to  expect,  whilst  field-con veiiUdcs^ 
rendextouses  of  rebellion,  and  forges  of  lA 
bloody  and  Jesuitical  principles,  are  so  frt- 
qucnted  and  followed,  to  the  scandal  of  ill 
government,  and  the  contempt  of  ourkwi 
And  which  murder  is,  as  far  as  is  possible,  rtn 
dered  yet  more  detectable,  by  the  unmaal^s^ 
boldness  of  such,  as  durst  openly  with  bsrft 
faces,  in  the  midst  of  our  kinmlom,  at  mid^ 
day,  osserahle  themselves  togerfier,  to  kill 
our  highway  the  Primate  of  our  kifi 
and  one  of  our  privy  council,  by  so 
strok«^s  and  shots,  tin  kh  his  b<»dy  as  it 
but  one  wound,  and  muny  ul  which  I 
given  after  they  knew  he  ^vas  dead,  were 
markabic  proofii  they  were  aclt  '  * 


I 


» 


STATE  TRIALS^  32  Chaelbs  1L  l6m~—/or  Tnoion 


be  apprebendjt,  called  or  gummooed  ta  ibe  ^f- 
foGt  forcsaitli  yrf'^ntn4^,  gf  take  upoD  band  to 
declaire  the  j  if  of  lim  hyoes,  Im  airs 

and  ■uccessors,       i       i  ouocill,  in  the  premises, 

-  -  -  

betlii^h  and  infatiable  cruelty.  Wti  have- 
thf^Trfore,  with  advice  of  our  priry  councilj 
ibaugbt  tilt  hereby  to  com  maud  and  charge  alt 

tBrifls,  stettarts,  bail  lies  of  regalities,  and 
iUvries,  and  their  deputes,  magistntes  of 
rghs,  and  ot!icer>>  of  our  s tending  forces,  to 
search,  se«;k,  take,  and  apprehend  the  persons 
guilty  of  the  said  horrid  murdf  r,  or  any  sus- 
pected by  tbeiii,  and  to  iiiiprisoD  them  until 
ibev  be  brought  to  justice,  and  all  our  good 
ami  faithful  fiubfectd  to  concur  in  the  takiDg 
■nd  aecuniig,  aji  far  as  is  in  their  power,  these 
aHMMoate :  and  in  resnect  there  is  a  com- 
|iaAy  of  vagrant  and  skulkinsf  ruttians,  who,  to 
tlie  great  contempt  of  all  government,  do  ride 
thrmigtt  thui  our  Kingdom,  kdliug  our  soldiers, 
deforciug  much  as  put  our  laws  in  execuiioo, 
and  comiuittiug  such  horrible  murdersi  who 
tnight  be  easily  discovered,  if  all  such  amongst 
Vrbum  they  couverite,  did,  iicco riling  to  Uieir 
duly,  tiidcav our  to  apprehend  them,  or  give 
notice  w  here  they  haunt  or  resort.  We  have 
Iherelore  thought  fit,  contbrin  to  the  144  act, 
l*arl.  Vi  K.  James  6,  to  command  and  charge 
all  our  !fubjects,  that  wbeuii»ever  any  unknawu 
men  or  vag'abonds  shall  repair  aiWugst  tliera, 
that  they,  w  ilh  all  pmsible  «»peed,  certifie  any 
of  our  privy  council,  officers  of  our  forcca,  or 

« having  trust  under  iis  thereof;  with  certi- 
ou  to  them^  that  if  they  omit  the  ^OkUie^ 
bhall  be  puaishetl  with  all  rigour  ooulorm 
e  laid  act.  Ami  since  aeveral  of  the  said 
aasaflainates  nre  known  to  have  been  tenants  in 
the  shire  of  Fife,  whose  faces  niU  be  known  lo 
such  of  the  witnesses  as  were  present,  we  here- 
by require  and  eornmand  all  the  heritors  and 
tnasteni  of  the  said  sbire  of  Fife  and  Kinross 
to  brutg  their  tenants,  cottars,  and  t^ert ants,  and 
Ckthem  dwelling  un  their  lands,  to  the  respec- 
Ijva  towns  at  the  diets  altermL*ntionetl,  viz. 
Ibaae  within  the  presbyiery  of  8i,  Andrews,  to 
the  town  of  Ht>  Andrews,  upon  the  thirteenth 
day  of  Jlay  instant;  thost  within  the  presby- 
tery of  Cowpar,  to  the  (own  of  Cowpar,  upon 
Ibe  flilleentb  day  of  the  snid  month;  those 
withifi  the  presbytery  of  Kirkaldy,  to  the  town 
<»f  Kirkaldy,  n|Hin  ibe  twentieth  day  of  the 
aatd  month  ;  and  tliose  within  the  presbytery 
of  Dunrfermbng,  to  the  town  of  Dnmfermhng, 
upKm  thf  twenty  third  dny  of  the  said  month, 
at  ten  a  clock  m  the  forenoon,  upon  eaeh  one 
of  the  HjiUi  days,  there  to  continue  and  abide 
bll  thry  lie  examined  by  the  sheriff-deputes  of 
ibe  *.xid  shiii',  who  are'  hereby  cnmmisflionate 
lo  that  tStsctf  and  to  be  seen  by  the  said  wit- 
■eMas;  with  certitic*atioQ  to  such  of  the  said 
ieoanla,  cottars,  servants,  and  othexB  foresaid,  as 
■ball  be  abieotf  tbey  shall  be  reputed  as  acoes- 
aory  to  the  said  crime;  and  the  masters^  if 
they  produce  them  not,  or  if  hereatler  tbev 
Itarbour  aoy  thai  shall  not  compear,  they  ^hall 
be  reputed  fai  ouren  of  the  said  asaa^iioatiou. 


uoder  the  paine  of  treason.  And  he  the  se. 
cond  act  oi  the  second  seasiou  of  bis  imjestie^a 
first  parliamejH,  il  is  statnt  and  ordained^ 
tbfti  if  any  person  or  persons,  shall  herefler 

And  whereas  tbere  are  some  persons  tinder 
caption  or  intercommuningin  the  said  shire  for 
several  causes,  and  lest  persous  who  are  inno- 
cent of  that  horrid  crime,  may  be  thereby  de- 
barred from  appearing,  and  vmdicating  tnein- 
selves,  we  have  thought  tit,  hereby  to  stst  and 
supersede  all  cxecuticm  upon  any  letters  of 
caption  or  intercommuuion,  or  any  other  war- 
rant for  securing  of  any  persons  for  any  cause, 
for  the  space  of  IB  hours  before  and  after  the 
said  diets  of  appearance,  that  tbey  may  safcljf 
come  and  go  without  any  trouble  or  impedi- 
ineut  whatsoever.  And  to  tlie  end  the  said 
cruel  rniu'der  may  be  more  easily  discovered. 
we  do  hereby  offer,  and  give  full  assunMoe  of 
our  indemnity,  to  any  one  of  the  said  aBsassi- 
nates  who  shall  discover  his  complices,  and 
such  as  honnded  them  out,  and  of  present  pay- 
ment of  the  sum  of  ten  thousand  merks  to  any 
who  shall  inform  who  were  the  said  assassinates^ 
if  upon  his  information  thev  or  either  of  them 
can  be  apprehended,  that  tbey  may  be  brought 
to  condign  punishment.  And  ordaio  tbes# 
uresentsto  be  printed,  and  pid>lisbed  at  the 
Market* cross  at  Edinburgh ,  and  at  tlie  market 
crfisscs  of  all  the  royal  burghs  in  the  shires  of 
Fife  and  Kinross,  and  lo  be  read  at  all  tlie  pa- 
rish Kirks  of  the  said  shires,  and  jurisdictions 
within  the  same,  upon  Sunday  next,  being  the 
11th  of  this  instant,  immediately  aiW  Uie  or- 
dinary time  of  divine  service  in  the  forenoon, 
that  the  same  m»iy  come  to  ti»e  knowk dgc  of 
all  persons  concerned.  Gireu  under  our  sig- 
net at  Edinburgh,  the  4th  day  of  May^  1679^ 
and  of  our  reign  the  li  1st  year, 

Aj-ax.  Gibson^  CK  Seer.  Coneilii. 
God  save  the  King, 

iNsTRt'CTiONS  [of  the  Council]  to  the  SherifT- 
Uepuies  of  Fife,  anent  the  Trial  of  the 
Murderers  of  the  late  Archbishop  of  ^. 
Andrews, 
*^  That  all  males,  from  slxteett  years  of  afft 
and  upwards,  in  each  presbytery,  meet  on  tba 
days  appointed  ;  that  sU  the  ministers  be  tbere, 
and  bring  with  Uiem  the  communion  rolls; 
That  they  mark  all  of  them  who  cotne  not  to 
church  on  the  account  of  tanatick  or  popbli 
principles,  and  that  these  be  set  aside :  That  all 
such  as  are  of  that  tribe  be  examined,  aud 
obliged  to  give  account  where  they  were  all 
the  3rd  of  May,  and  especially  betwixt  ten  in 
the  morning  and  throe  m  the  afternoon  ;  and 
that  they  prove  what  they  say  by  sufficient 
witnesses,  or  that  they  give  up  the  names  of 
the  witnesses  that  they  may  be  examined  then 
anent :  That  such  as  cannot  prove  a  |md  ao> 
count  of  themselves,  in  manner  foresaioi  W 
■ecured,  and  their  goods  seij^d  aodseeured, 
till  the  issue  of  their  trial :  That  suob  aa  »ball 
be  absent  the  said  day,  be  holdeo  as  proboblj 
guilty  of  the  horrid  act,  and  tbeir  g^Kida  to* 


8S7 J     STATE  TRIALS,  32  Charles  H.  1 680.--rrfa/  oj  Dtnid  HMckstaun,    [828 

blood,  and  that  je  therfor  falsely  (fablie  pre- 
tending  to  adhere  to  Jesus  Christ  his  nsht 
and  Idngiic  office  oi-er  the  church,)  treasooablie 
declined  his  majcstie  and  his  commissiooeri  of 
justiciary  to  be  competent  judges,  fidslie  and 
wickedhe  pretending^  them  to  be  oppin  enemies 
and  competitors  for  the  crown  and  power  of 
Jesus  Christ,  and  ye  obstinatlie  refused  to 
signe  this  your  wicked  and  abominable  de- 
chnator  dictat  from  your  own  mouth,  and  of 
the  which  crymes  forsaid  ye  are  actor  art  and 
part,  which  being  found  be  ane  assjrse,  ye  ought 
to  be  punished  witli  forfaiture  of  lyflT,  land, 
and  ffoods,  to  the  terror  of  others  to  commit  tbc 
like  bcrefter. 


plott,  contry^e,  or  intend  death,  or  destruction 
to  the  king's  majestie,  or  any  bodlie  harme, 
tending  to  death  or  destruction,  or  any  restraint 
upon  his  royal!  person,  or  to  dcpryve,  depose,  or 
suspend  him  fi*om  the  style,  honour,  and  kingUe 
name  of  the  imperial  crown  of  this  realme,  or 
any  others  his  majesties  dominions,  or  to  sus- 
pend him  fi-oiu  the  exercise  of  his  royall  go- 
▼emmeiit,  or  to  leTie  warr  ajgpunst  his  majestie, 
or  any  commissionat  by  mm,  and  shall  by 
vreiting,  printins^,  preaching,  or  other  ma- 
licious and  ad?ised  speaking,  expresse,  or  de- 
dair,  such  ther  treasonable  intentions,  every 
such  person  or  persons  being  upon  sufficient 

Jrobation,  Icgallie  convict  thereof,  shall  be 
eemed,  declaired  and  adjudged  traitors,  and 
ahall  suffer  forfanltnre  of  lyff,  honour,  lands 
and  goods,  as  in  the  cases  of  bye  treason, 
and  more  especial  lie,  when  the  same  is  done 
in  judgement,  and  in  presence  of  his  majesties 
commissioners  of  justiciary,  who  are  the 
proper  judges  for  punishing  of  such  hynons, 
detestable,  and  treasonable  crymes.  And  yet, 
the  said  David  Hackstoun  of  Rathilet  hes  pre- 
sumed to  committ,  and  is  guilty  of  the  saids 
eiymes.  In  suae  fare  as  ye  l>eing  upon  the 
twenty  nynth  of  July  instant  brought  in  pre- 
•eoce  of  the  lordj  ustice  clerk  and  commissioners 
of  justiciary,  ye  did  utter  the  malicious  and  ad- 
TiMd  exprssions  afler  mentioned,  viz.  That  ye 
declined  his  majesties  authoritie,  and  the  au- 
thoritie  of  the  commissioners  of  justiciary  as 
his  judges,  and  did  obstinatlie  refuse  to  signe 
this  your  treasonable  declinator,  as  being  befor 
persons  whom  ye  treasonablie  assert  are  not 
your  judj^es,  and  ye  refused  to  ansnver  con- 
rcmin^  the  nninier  of  the  late  archbishop  of 
St.  Andrews,  and  }  on  I'alsly  and  treasonablie 
asserted  the  caiistzs  of  3  our  declinator  to  be 
because  they  usurpcil  a  siipiufiiacy  over  the 
church,  belonging  allun  to  Jesus  Christ,  and 
have  established  idolatry,  pcrjurie,  uiul  other 
iniquity  in  the  land,  aud  that  in  prosecuting 
their  designc  and  corifii'nilnt^  themsi-lves  in 
ther  usurped  riifht  have  shed  much  innocent 

cured  in  manner  foresaid,  and  their  master  be 
obliged  to  keep  the  said  i^oods  o;i  the  (>Tou:id, 
or  to  deliver  them  presently  :  That  (it  it  can 
be  conveniently)  search  be  niade,  in  the  time 
of  the  said  rcndevouz,  in  such  places  us  those 
in  the  place  shall  judge  most  co:-.  vcnient :  That 
the  najnes  of  the  absents  be  publishcfl  at  all  the 
parish  churches,  and  at  the  iui\i  ket-cross  tlie 
next  market-day,  and  a  proelamution  of  the 
council,  containing  all  their  nah^es,  prohibiting 
reset,  shelter,  or  harbour  to  them ;  and  also 
onlering  all  sheriffs,  bailies,  magistrates,  vNcc . 
to  pursue,  api)rchend,  or  kill  them  in  case  they 
resist,  or  do  not  submit  themselves,  and  a  se- 
vere line  on  any  who  refuse  or  delay  to  concur 
in  the  ^aid  duties  throu^^h  the  whole  kingdom  : 
That  the  Hhcritr- deputes  do  intimate  to  the 
heritors  of  the  said  shire,  that  it  is  the  councils 
express  pleasurt*,  that  they  give  all  possible 
concurrence  to  them  in  this  examination  and 
trial,  under  all  highest  pains." 


Pertewer. — Su:  George  M'Kenzie  of  Roie- 
haugh,  our  Sovereign  Lord's  Advocate. 

The  said  David  Hackston  being  entered  00 
pannall,  did,  in  presence  of  the  justice  genera], 
justice  clerk  and  commissioners  of  justiciaiy, 
and  assysers,  all  in  judgment,  decline  his  di- 
jesties  authoritie,  and  renewe  his  former  de- 
clinator (mentioned  in  the  dittay)  in  the  baill 
words  tlierof,  and  chairges  the  lords  and  u- 
sysers  who  shall  judge  Jiim  by  the  lawes  Ij- 
wlled  to  be  guiltv  of  his  bloocf,  and  refosn  to 
answer  or  deny  the  archbishop's  murder,  and 
being  questioned  whether  he  made  hisesape 
out  of  the  house  of  Mortoun,  when  he  wu 
persewed    by  the    archbishop's  servants  » 

guilty  of  the  murder,  refused  to  answer ;  but 
eclaired  he  made  as  many  remarkable  escapes 
within  this  two  years  as  tnat  was.  The  kirai 
finds  the  dittay  relevant,  and  remitts  the  saot 
to  the  knowledge  of  the  assyse. 


Assis  K, 

sir  John  Whytfurd  of  i^lilntoun. 

Mr.  William  Nimmo  Gihnour,  of  Craij^- 
millai*. 

Robertson,  of  Strowan. 

Sir  Patrick  Thi  epland,  of  Fenzies. 

Alexander  Brand,  late  Ba^  lie. 

Uatray  of  Craighall. 

IMilueof  Muirtoim. 

Blair  of  Wester  Yormock. 

Colquhoun  of  Ralvie. 

Air.  William  Gordon,  brother  to  Lesc!aoir 
Blair,  of  Ardbl^ir. 

Wni.  Leivingstoun,  master  of  Kilsyth,  sti-v- 
art  of  Balid. 

Da>id  Swiutoun,  late  baylic  of  Ediiibuigb. 

Prcbation. 
The  assyse  lawfullic  swornc ;  no  objection  is 
the  contrair.  His  Majesties  Advocat  for  IVo- 
bation  adduced  the  treas^yuable  DecUnator  emit- 
ted by  the  said  David  Hackstoun,  tbenil- 
ncsscs  ciler  deponing,  and  the  other  evidencfi 
eilcr  specified. 

Follows  the  tenor  of  the  treasonable  Decli- 
nator, 

Edinburgh  28  Ju/y,  1680.  In  presence  tf 
the  lords  justice  c!cik  and  commissioners  rf 
jusiiciary,    compeired  David   Hackston  rf 


STATE  TRIALS  32  Charles  U.  l6m^or  TrtMpm 

4ecl«fr4««  iltAt   ha  decline 


[830 


the 


r 


.  ,M.^. ,;^   .....   -.■... dtr 

I  of  St.  Anclrtrws,  and 
i!  t't  rum  tor  ure  because 
T  the  church 
a,  antl  have 
^  ntjijarvt  perjuiie  and  other  iniqui- 
laiiil,  am!'  in  proifoutioi^  Uieir  tlesigoe 


I V I  11 1  <.  II  »t 


^    111  this  usurped 

ent  blood,    Tber* 

ullierini^tn  Christ  his 

i>ver  tli€  church,  declins 

.  enemies  aodcom- 

tvver  afl  competent 

itii»*i  to  sigTie  this  bis 

r  4^k^t  Irom  his  own  mouth,  wh«T- 

fii^fsties  advocat  iak*^  iiistrutDent£, 

fyri  the  oommisaioneni  of  justiciary 

ir  same  ia  his  presence,  and  for  hLcn. 

I  ^  lilvocat  takes  iostrwuients, 

L  avid  has  caused    delate  the 

to  deny"  the  murder  of  tiie 

I  r  St*  Andrews,  aiiil  requyrs 

I  i  imics  Balfour,  and  t  he  m  acers 

^es  to  the  forsaid  declinator 

Sk  SubicrihKer.     Maitlaud, 

Darid  Balfour,  Da.  Falcouar, 

'I  of  Earleshall,  being  solemlie 
of  partiall  council!,  and  exa- 
That  he  sawe  the  pannall,  Da- 
wn of  Ratbilee,  in  his  wounds  eikr 
id  at  Ayresmossc  upon   the  place 
I     "  v      ■  •  ::3t  the  dead,  and  in 

I  say  who  made  him 
'-  '-"-Ml  diddc. 
t  in  ma- 
.;..  „.,,  ,..„,    -.:es  forces, 
I  tie  two  and  twf?ntic  day 
iaur  o*clock  in  the  ettcr- 
\ificrtbttur^    AB*  of  Carlshall 

ry,  gentleman  in  Clavrrhousa' 

to  Uhijor  John  Ramsay,  beiiiif  so- 

snorne,   purged  of  purtUll  cuujicdl, 

d^rpons,   he  sawe  the  pan  bail, 

tic*LHioun  i)f  fiathilet,  in  armes  with 

iesmoise,  on  the  twcnlie-se- 

\  instant,  and  depous  that  he 

Hjoent  personallie,  atitl  he 

uiod  and  sawe  himdrawe 

It*  ieii  wing  of  the  rebel  Is. 

I    the   pannall   uneut  his 

*    h  s  murder,  and  the 

Eincnt  that,  tbouj^h 

uUirr  yuesttons^  and  would 

ly  It.    Df  poriH)  that  the 

If  mW^Wttftf*'^'  I'f  !  Mff^k  the  pnmmJl 

\  whI  laok  01'  ]ri  him,  whit^h 

iU»«-  T>v  ,ti  ili»*  pannull 

miunt  l)rt',  and 

i'  ■      I  '      ;    '.  i  ,ik,  by  re- 

IIm  ajiis  #tt  hia  own  baud,  «Aer  he 


hade  taken  his  sword,  and  ttiis  is  the  truth  m 
he  shall  answer  to  God. 

Sic  Subicrititur,  D.  Rausav. 

His  Majesties  Advctnt  produced  the  Pro-, 
elamation  mentioned  in  the  dittay,  ai^poyntio^ 
the  haili  inhabitants  of  the  shy  res  of  Fife  aui 
KinroKB,  to  appear  before  th**  s^hentl"  depute*  «»f 
the  said  shy  res,  the  dajs  and  placeii  theria 
mentioned  to  be  examined,  in  prei^uce  of  t\\% 
witnesses  present,  when  the  archbishop  of  St» 
Andrews  was  murdered,  which  is  dated  th«,. 
fourih  of  May  1078^  with  ane  Proclamation  dis*', 
charging  the  rcrepting-  and  commanding  th« 
delyverinief  np  of  the  said  David  Hackston, 
and  the  other  murderers  of  the  said  archbishop, . 
and  the  other  rehclls  therio  mentioned  to  jm. 
tic«,  which  is  dated  thetweutiesixtday  of  Juuc^il 
the  said  year.     As  also  produced  the  Procla*  I 
mation  containing  his  majesties  gracious  par-«| 
don  and  indemnitie,  to  the  persons  engadgetl- 
ia  the  rebelhon  1679,  wherin  the  said  mur«fj 
derera  and  others    are    expresslie  exceptedgU 
which  is  dated  the  27th  of  July  the  said  year.^ 
Iteui  produced  ane  Pi-oclamationf  inJii 
Circuit  Courts  to  he  hold  en,  and  appoynting 
the  said  murderers  to  be    proceedit 
therein  and  hanged  in  effi^ie^  and  promismg 
atid  assuring  ane  reward  ot  ten  Uiousand  merk 
to  any  person  or  persons  who  should  appre-< 
bend  the  said  murderers,  particularlre  the  mudlj 
David  riackstoun,  and  John  Balfour  of  Rin- 
loch,  either  dead  or  ali^e,  which  procbmatioai 
is  dated  the  fourteent  of  August  the  said  year^J 
Item  ane  Proclamation  §  appoynting  and  com -J 
maading  sheriffs  and  other  magistrates  to  ap-> 
pre  betid  and  secure  the  pensoua  of  the  sail' 
Da? id  Hackstoun,  John  Balfour,  and  the  otfae 
raurdorers.     Dated  the  20th  Sept  ld79- 

Mr.  Alex*  Malcolmt,  Advocat,  8herifl'Depu& 
of  Fife,  being  soleranlle  swonie,  punretl, 
examined,  depones,  that  tJie  puimaH  upf»en'ed 
uot  before  him  at  any  of  the  tour  places  con- 
tained in  the  proclamation,  at  the  tymes  ap- 
poynt^  for  examjoation  of  the  hefiiurs,  and 
others  id  the  sbyre  of  Fite  aiient  the  Arcbbi* 
shop's  murder. 

Sic  Subicribitur^        Alex,  Malcoime, 

William  Wnllace^  serritor  to  the  late  arch 
bishop  of  St.  Aqdrews,  being  so Jcmnlie  sworne.! 
and  purged,  defKmSi  ht:  was  at  the  house 
Mortoun,  searching  for  the  pannall,  and  th« 
other  murderers  of  the  late  archbishop  of  St. 
Andrews,  and  that  the  persons  who  w  er  in  bed 
in  that  house  having  got  from  their  bed  and 
made  tber  escape,  the  dejKjncnt  did  fvre  at  une 
oi'  theju,  and  that  thty  left  two  of  tLe  horses 
upon  which  the  murderers  of  the  late  arch  - 
bishop  of  St.  Andre\i  s  ^lid  ryd,  when  they  mur* 
dered  bis  gmte.  Dej»ons,  that  the  pistoll  which 
was  taken  out  of  the  deponent's  pocket  by  th« 

*  Poblinhed  Auifust  14lh,  1679.  See  it  in  t 
Wodrow,  Appendix,  No.  32, 

t  PubUslK'd  \\\^^x%i  I4th»  1679.  See  it  in  f 
Wodrow,  Appendix,  No.  34. 

i  S«e  it  in  ^  Wodraw,  Appendix,  Nq.  4€< 


»n»l' 


I 


thit wgfat, liwt ttedaiBMit md «&«■  iw  •> 
ll»lMW«rilbrlomrieiiKUBrftrtkeiMir. 
dhrani,  aiii  llMit  AkaiMM  Snift  tke 
MiUm  Iw  had  iMo  UnaMof 


liafa  bolb  of  tiNMi  iMn  thir.  Md  H 

void  tUtfk  tiMtalliM  UiImU 

toOod;  fiudv  d«pOM»  lluit  Im  tha 

bruknidnpaitor  the  eMnmy^dM 

BadiililliM  ahrayef  bib  npok  OM  of 

^_.«        ^   wiyMddMOimwy  wet 

booeefor  biiiiyeeoMe  ef 

Sic  aOtaikiitirf       W.  Waiami. 


to  tiw  fadie  stdt- 
Bd|  TnsfooBf  Hiet  he  wee 


whmthe  arah^dlhoperflt  JMnmv 


rjdniff  OD  ue  fiy 

AtMB  3i0  eoecfa,  aod 

Ml  ftv  the  evcliDiflMp^e 

wrafodwidithepea- 


Byttid  wedt  twiee 
he  Bide  Us  cieipe' 

B»  ceBODeQ  OH  pftmet 
\  pMrick  !■  beM  ptedttced  s 
the  self  iMDe  hone  OB  whieh 
hade  tbe  B^ht  coBwned 
I  it  the  hooae  erf*  IfbrtoQD  fton 
uandthat  Ae  Drill  oblloiinddodk 
ilBthe  hoow;  eiM  depone, diat the 
MOfpieef  theh«N«enidthtlthe  do^  wM  lU- 
thiittfeokNiky  and  depoM  that  Ratfaikt'e  inter 
OMifeft  aDd  said,  thai  the  pannallher  brother 
sras  in  ther  house  that  niffht  they  searched 
ftr  the  BMirderers,  and  thatUie  selfsame  pistoll 
whiefa  was  taken  from  the  archbishop's  man 
l^Hiam  Wallace,  was  found  in  a  bed  in  the 
hense  of  Mortoim  under  the  strae,  with  a  litle 

Khcra  produced,  said  to  be  Rathilet's  byble. 
fait  is  the  tnith  as  he  shall  ahswer  to 
God,  aad  depons  he  cannot  wreitt.  Depons  its 
theoooimonhmit  andoppin  fame  of  the  haill 
ooontrey,  that  Rathilet  is  one  of  .the  murderers 
of  the  arohbishop,  and  the  deponent  went  to 
the  house  of  Mortoun  to  search  for  bim  as  soch. 
Sic  SuUcribitur,       CluBiMSBBBar* 

Jame$y  Marquis  of  Ifcrnf  race,  beio^  solemnlle' 
aweme,  depons  the  pannall  refused  to  answer 
whither  the  archbishop's  murder  was  a  murder, 
but  said  to  the  Counoli  that  he  wished  that 
Ood  by  a  streak  of  his  iustioe  might  desyd 
belwiift  the  councill  and  him  which  of  them 
war  the  greatest  murderers  ;*  and  depons  that 

*  Thi  TusiiMawf  OP  THAT  wovmr  Gentleman, 
Datio  Hackstoon  op  Rathillet,  who 
» AT  BoiMBimoB,  July  SO,  1680. 


Hit  Intrnn^atunu  and  Antwen  b^crt  ike 

1.  *«WbetlferoriMftbadyoaai7baadiiitiie 
imudcriwofthekie  biafao^erm  Aadiewaf 
AntwiNdLiMWi 


sabiafaoper 


^^^    «_-•-      ^il,-    -^mS, 

loa  MnMi  e«  nie  pnvie 
wHhUMi 


J  wDum 


OD, nor  b*i  hh  own  accuser*    2,  Whit  Uc 
declare  a»  Iq  the  kini^'a  stitbority  ^  Ani'' 

l^thutaulhoi'iljfb&t  disowns  the  IntifKii^ 
ef  G^f  and  states  iBeif  ui  oppositiOQ  to  Jmsi] 
Obritt,  h  no  mote  tr»  be  ovrn^  i  boi  so  it  M[  1 
the  king's  authority  is  uow  swcb^  th«TFfore  % 
ougbl  not  to  be  owneJ^    3.  Whether  thv  kill* 
ha^  ei  the  {irclibtslifi{>  of  Ht.  4t)drctn  wst  mnt- 1 
diff  yea,  or  not  f  Answcreii,  that  be  tiio«j{J»f 
it  no  sin  to  dispateU  a  blood j  monster.    4.  If 
ho  OtvBi'd  the   new  cot  en  am    taken  it  tNf 
QieeDd'erry,  from  ^U.  Cargil,  one  of  tbr# 
pNBJShers  ?  Ansvi'eredf  that   ne  did  own  it  ia 
ewetj  particniyx   thereof^  and  would  fkin  inf 
the  mat  I  that  ill  consde&ee  nnd  reiLsi^ti  wmU 
debate  the  amttary.     5<  If  he  were  at  li 
■ai  had  the  power  to  kill  sny  of  the 
oomicili  and  murder  them  as  be  did  the  M0f 
efSIt  Andrews,  whether  be  would  do  It^  jtM,  at 
bot  f  answered^  that  he  ha^i  no  npnae  tunc  t9 
ewer  tjucih  frivolf^us  and  child Lsli  nue^lioof. 
•*  The  chaiiceHorfold  him,  that  if  hewat wot 

iu^uttoni  in  his  aDswer»,  be  itoidil  |iie« 
aaatly  be  tortured.  He  anewercd,  Tbatkbott 
little  addition  to  Jtnir  former  eroeltie^^  ui^  t 
luat  that  comfoit^  that  thcnigli  ytm  toriurtmf 
WOUbded  body,  yt^t  ye  cannot  reaeh  mv  ^u1- 
The  chancellor  iirgfed  him  with  seieiJ  odjer 
qaaalionsi  whidi  he  refits fd  to  answar.  Bulf 
aaid  W^  t  vrould  gbdly  s^i^^k  a  1  title  if  I  m^ 
have  liberiv,  which  %vm  alhfwed  bioa.  Ita 
he  aatd^  Ve  know  that  youtli  is  a  ftiUVf  awl  I 
admowledge,  that  in  my  j^r^nun^ei-  yiara  I  vi| 
too  much  carried  down  with  the  upak  ^  it! 
but  that  inexhaustible  tbuntaiu  of  ihe  i^oodbm 
aod  grace  of  God,  whielt  is  fri^c  and  ^Si'^at,  kolk 
redatmiKJ  me,  and  as  a  flix^rand  h^m  p|gckt4 
me  out  of  the  daws  ofSmnu  ;  andnowi^nl 
here  l»pfore  you  %a  a  prLsonei-  of  Je&Ui  CiMi 
for  adhering  to  hi*  cause  and  interest^  wbict 
hath  been  sealed  with  the  blood  of  niiti*y  w^ 
tbiea,  who  bav*?  sntfered  in  these  Iai4<6|  w^' 
bate  witnessied  to  lbs  trull**  of  Christ,  tlM 
few  years  byiront%  and  I  do  own  all  the  terf^ 
mome«  ^iftftibjr  them^  and  dejiireto  put  infljf 
mite  among  their*,  and  am  not  only  wilikBf  •• 
aeel  it  with  my  bloo^l^  but  aUowith  thethirp** 
toKarei  that  you  can  ima^oe.  lliea  b«| 
ilrterro^iite  by  the  bishop  of  Edinburgh,  *bK 
he  wuuJd  answer  to  thul  article  of  tite  C*^ 
fesaion  of  Faith,  that  difference  of  rdigkwiW 
not  make  vottl  the  magi&tratb's  ri^ht  And  il^ 
thority?  Heaniwered^  be  woold  not  ta»»^ 
any  perjured  prelate :  the  biwbi-p  n-phcd^  be 
waa  in  ibe  wrong' to  hirof  be<^use  he 
took  the  covenant,  therefm^e  lie  waa  n*i  * 
juredy  and  so  deinrtd  ntit  that  n^me. 

of Ibem  afiked  bim,  liow  ht^^ wonld*^ 

luestion  ?  He  aiiswered,  ihstmiestii* 

long' agf»  by  the  Bolentn  LeagI 

CrOVenant,  which  binds  us  «n!y  to  tnatntii 
drfWithehlDf  in  the  detenceofdietrfc 


5J 


STATE  TRIALS,  32Chaelbs11.  iGSO.-^/arTreatan. 


[854 


frewi;,  that  d»y  af  ihe  murder,  but  did  DOt 
H  ill  tbe  act,  Anil  that  lUtliiit^t  tolil  l\m  the 

urstia^'  lie  wum  iaken. 

Sic  itiburibitur^         MofiJViost, 

;  but  now  the  king  having  slaleil  blcasf  If 
[i^riciuy  to  rc'lig-iou,  Uknd  all  uiat  will  live  re- 
imKly,  ilierdbre  it  U  high  time  lo  shake  off 
I  f>t»hgalioo   of  alle^aoce  to  his  autlmrity. 
It  ita^  thry  asketl   if  lie   bad  any  more  Ui 
\  T  He  an^viered,  that  which  be  had  to  iiay 
I  Miid  already  id  every  particular  tbefeol'; 
3,  said  be,  t  will  uot  only  seat  it  with  my 
UckhI^  but  with  all  the  tortures  ye  can  iinagrne. 

!»*  (Ac  £s tract  qf  the  Procttding*  of  ihe 
'r4vy  C^uncilj  Edinburgh^  Juf^  99>  1680. 

In  pfe«eni^  of  the  lords  justiciary,  clerk 
i"  T        litiary,  romiieared 

I  Met,  and  deeltnes 
s  ai!iiijr>nty,  the  authority  of 
of  justiciary,  as  his  judges, 
H  .ciuses  to  als^  thii;  declaration, 
re  persona  who  arr  not  his  judges. 
„  to  anawer  concerning  the  murder 
bishop  of  8t.  Andrews,  and  says, 
5  of  fits  declinetnent  are,  hfrause 
t»ve  ti^urped  the  supremacy  over  the 
}}y  bclonginjj  alone  lo  Jeaus  Christ,  and 
SaT€  established  idolatry,  perjttry,  and  other 
'toitiea  ;  and  in  proaecutin»^il»cir  design,  in 
[ig  tbeTiiselves  in  thi^s  usurped  rights 
d  much  innocent  blood.  Therefore 
I  Darid,  adhering  to  Christ,  his  rights, 
and  kingly  office  o?er  the  church,  declines 
tVem  that  are  his  oppn  enemies  and  competi^ 
tors  for  his  rrowu  and  power,  as  eatnpctent 
judges ;  refuses,  as  f*jrmerly»  to  aiga  this  bis 
dedaratioD,  dated  from  his  own  mouth  ;  where* 
fipoa  his  majesty ^s  adv(K!ate  takes  instni- 
loetitt^  and  requires  ihf  rommissioners  of  jus- 
'  tu  ti|?n  the  same  in  hit  presence,  as  for 
'and  his  mnjestv*s  advocate  takes  instru- 
pts,  that  the  saiif  David  has  declined  his 
fty's  authority,  find  the  authority  of  bis 
bfoissi oners,  and  rei^useil  to  deny  the  murder 
^Ixe  late  bishop  of  Ht.  Andrew^,  and  requires 
sri.  John  \as,  James  Balfour,  and  the 
I  of  the  court,  witnesses  lo  the  forrstaid  dc- 
on,  Sic  svbicribitur — Sir  Robert  Matt- 
land,  James  Foul  is,  David  Balfoufp 
David  Falconer,  Rodger  Hodge." 

^  Upon  Friday,  July  SOth,*  being  again 
Ughl  befort:!  the  council,  it  was  asked  of 
k  if  be  had  any  other  t}iing  to  fsay  ?  Ue  an- 
fwcred,  That  ^vhich  i  huve  said  1  will  seal  it. 
Then  tb«y  told  him,  they  hiui  som^fihin^]^  to  ' 
W^f  lo  him  ;  and  commanded  him  to  sit  down 
UmI  reoc^tre  hb  sentence ;  which  willingly  he 
lUd,  but  told  them  they  were  all  blo<tdy  mur- 
demr%^  for  all  the  power  they  had  wna  dt;i  ivr<l 
Umb  tgrfiTYiiy  ;  ami  that  these  years  bygone 
ihnr  bsveoot  only  tyrannized  ovvr  the  Cliurch 
flfOod«  but  have'aUo  giind«*d  tiie  faces  of  the 
pooVi  to  that  oppressions,  bluodsbiMl,  pt*ijtiry, 
mA  maitjf  omrdcra  were  to  be  louiid  m  ibeir 


CknrUt  MaUlandof  Hattoo,  LordTbeosoror  i 
peput,  being  aoleiimlie  s       r-    '       -^      '  -i 
ilack*itoun  of  Rnthilet  In  ^ 

the  lords  of  his  ai^esli^  ^*.u.^  ^.-,.i.v.,,   ....vi' 

fikirt!>.  Upon  which  he  was  incontineat  car- 
ried awa^'  to  the  si-aflbld^  at  tbe  market-crosa 
of  Edinburgh,  where  be  died  with  great  tor»* 
tun^  iutlicted  upon  bis  body.'^  A  Cloud  of  Wit* 
ue»s(s  tor  tbe  royal  prerogativen  of  Jestia 
Chriiit ;  or  the  Last  Speeches  and  Testimonies 
of  those  wbo  have  suffered  for  the  truth  itk 
8<.-otlaud,    since  tbe  year  l^BO.     Edinbui^la 

laio. 

In  the  same  work,  are  inserted  four  Lefteri 
written  by  Hackstoun,  shortly  before  his  desitli, 
from  llie  first  of  which,  date*!  from  the  Tol- 
booth  of  Edinburgh,  July  26lh  1680,  is  ex- 
tracted tbe  following  passage,  giving  an  ac- 
count ot  the  rencounter  at  Airs* Moss,  (July 
30th  1680)  and  what  befel  him  afterwards. 

**  And  now,  knowing  ye  will  be  ansttous  tn 
know  bow  it  vras  then,  and  liow  it  hath  been 
since  with  me  t  Fii'st,  we  getting  notice  of  a 
party  out  seeking  us,  sent  tv»  o  an  Wednesday 
nighl  lute,  to  know  their  motion,  and  lay  on  a 
inuir^iile  all  night ;    and  Thursday    /  t 

hours  ufc  went  to  take  some   meat, 
out  othri'  two,  and  desired  ^h^'-^  *-  -^  i 

the  first  two,   who  bad    ^  > 

were  lying  down  to  sh* -i  [ 

and  told  us,  it  was  uo: 
inteMigence,  they  h:i\ 

upon,  after  we  had  g.  ,  we  camm  i 

to  apiece  of  grass,  a II V  i  preseotljlt ' 

wt;  were  aJI  alarmed  liiat  t^ik^y  were  upon  us| 
and  so  making  ready,  we  saw  them  coming 
fa£it  on  ;  and  that  alK)ut  three  or  four  hours  lit  < 
the  afternoon  ;  and  each  one  resolving  to  fight,  , 
I  rodr  off  aud  found  a  strength  ibr  our  advagl^ 
age,  and  drew  up  quickly  eight  horse  on  th^ 
rtglit  haod  with  R.  D.  and  fifteen  en  the  left 
With  roe,  being  no  more  ;  the  foot  not  beio  j 
forty,  and  many  of  them  ill  armed  in  the  mt«ki. 
The  eucmy  advanced  fa8t,  about  one  huudrcd 
and  twelve,  well  armed  and  horaed  ;  who  send* 
ing  about  twenty  dragooos  oo  foot  to  take  tho 
wind  of  us,  we  sent  a  party  on  frH>t  to  meel 
them,  and  the  rest  of  us  advanced  immediately 
af^er,  when  our  horse  6red,  and  wounded  and 
killed  $ome  both  hor«e  and  foot ;  our  hora9 
advanced  to  their  faces,  and  we  fired  on  each  , 
other ;  I  being  foremost,  and  finding  tha 
horse  behind  me  broken,  i  then  rmte  Iti  amongst 
tbem^  and  w^nt  out  at  a  side,  without  beintf 
woundeil  ;  ]  was  pursued  by  sevcrals,  with 
u  horn  I  fought  a  good  jspiice  ;  but  iit  len^b  I 
wassirtken  down  with  three  on  horaelwu-t  be* 
bind  me  ;  and  receiving  three  wounds  on  th« 
head,  and  falling,  submitted  to  them,  Thejp 
gtive  us  all  testimony  of  brave  resolute  men* 
What  more  of  our  men  were  killed,  I  did  not 
see  nor  know  ;  I  was  brought  toward  Dounflasi* 
They  used  me  civilly,  and  brought  me  iFriuli 
out  of  A  house  by  the  way.  At  Douglas,  Janet 
Cleland  w  as  kind  to  me,  aud  brought  a  furgeo* 

S  U 


8S3j     STATE  TRIALS,  3^  Charles  II.  l680.— 7r/ii/  of  HavH  Bachtatm,    [890 

whither  the  archbishop  of  St.  Andrews  mnrder 
was  a  rounler,  he  answered  pontire  that  h« 

God ;  anil  that  I  knew  of  no  authority  nor 
judicatory  tliin  day  in  these  nations,  bat  what 
were  in 'a  direct  op|Hisitk>n  to  God,  and  so 
coutd  neither  be  of  God,  nor  lawful,  and  that 
ther  fruits  were  kythin|r  it,  hi  that  they  were 
setting  bnggerers,  murderer*,  sorcerers,  and 
such  others  at  liberty  from  justice,  and  cm- 
plnying  them  in  their  senric^,  and  nnadeit  ibeir 
whole  work  to  oppress,  kill,  and  destroy  tht 
Lord^s  people.    The  chanceHor  and  all  raged, 
and  desired  me  to  instance  one  of  snch,  so  kI 
at  liberty  and  employed.    1  answered  to  tlitti 
though  *it  were  enon^  to  instance  any  sorb 
when  I  saw  a  judicatory  to  execute  justice,  jet 
I  would  instance  one  ;  and  1  instanced  a  b<^- 
gerer,  liberated  at  die  sheriff  court  of  Fife,  asd 
aAa-wards  employed  in  their  service.  At  which 
the  chancellor  raged  and  said  I  behoved  toht 
a  liar  ;  but  I  offered  to  prove  it.      Bishop  Fi- 
terson  asked ;  if  ever  PiCite  and  that  jndicAtoiy^ 
who  were  diruct  enemies  to  Christ,  wcredisowo- 
cd  by  him  as  judges  ?  I  answered  that  I  woaU 
answer  no  perjured  prelate  in  the  nation.    Ht 
answered,  that  he  could  not  be  called  perjoralk' 
because  he  ne\'er  took  that  sacrilegious  core- 
nent.     I  answered,  that  God  wouM  own  ibtt 
covenant  when  none  of  them  were  to  oppos* 
it.    Thev  cried  all,  1  was  prophesying :  I  in- 
swered,  I  was  not  propliesyiii;^,  hut  tliat  Iilmt 
not  doubt,  but  God  who  bad  such  singuter  lort 
to  these  lands,  as  to  bring  them  into  covcMift 
in  so  peculiar  a  tnanner  with  him,  would  lit  it 
beseen  that  his  faithfulness  was  enga^tocuiy 
it  through  in  opposition  to  his  enemies.    Somt 
asked,  what   I  answered  to  that  article  of  tht 
coufessiun  of  faith  concerning  the  king  ?  }  in- 
s\rcre<l,  it  was  cleared  in  these  two  covenanti. 
The  advocate  asked,  what  I  said  of  tbst  a^ 
tide  of  the  covenant,  wherein  we  are  bousd 
to  maintain  and  defend  tlie  king  ?    1  deflicd 
him  to  tell  out  the  rest  of  it,  which  was,  is 
defence  of  religion,  but  not  in  tho  destnidin 
of  religion,     llie  chancellor  thrcatenfd  m 
with  boots,  and  other  terrible  things ;  and  aid, 
I  shoiilil  not  have  tlie  benefit  of  a  sudden  ikaik 
To  which  I  answered,  it  would  be  but  an  addi- 
tion to  tlieir  cruelties  used  ag^nst  God*s  people 
before,  ami  that  I    was  there  a  prisoner  of 
Christ,  owning  his  truths  against  bis  openeB^ 
lilies,  and  referred  it  to  their  own  acts  of  |Mr« 
liamentand  council,  to  let  tl»eir  croelly  aodo^ 
position  to  Citid  and  his  people  beseen. 

'*  After  this,  they  called  for  a  surgeon,  MJ 
removed  me  to  another  room ;  where  no  drMrf 
my  wounds.  In  which  time,  the  diaMtlkf 
came,  and  kindly  asked,  if  ever  I  said  is  • 
siurpherd  on  the  tlounthill,  that  if  I  tbooghl 
iliey  would  not  put  me  to  a&  ignominious  dsitti 
I  would  refer  myself  to  tlie  chancellor  f  1  wdi. 
No.  lie  said,  a  shepherd  came  to  bia  ■■' 
said  so.  I  said,  that  ne,  or  any  other  who  Mi 
so  to  him,  were  liars.  I  was  asked  by  iflM 
concerning  our  strength.  To  wbieh  1  taUL 
how  few  WQ  were,  and  how  siirpriRed  bj  mA 


be  hade  declined  the  king's  authoritie  in  coon- 
dll.    The  chancellor  having  asked  the  pannall 

to  me,  who  did  but  little  to  my  wounds,  only 
staunched  the  blood. 

**  Next  morning  I  was  brought  to  Lanark, 
and  brought  before  Dalziel,  and  lord  Itos^, 
but  I  not  satisfying  them  with  answers,  Dal- 
ziel did*  threaten  to  roast  me ;  and  carrying 
me  to  the  Mbooth,  caused  me  to  be  Iwund  most 
barbarously,  and  cast  mc  down,  where  I  lay 
till  Saturday  morning,  without  any  being  ad- 
mitted to  look  my  wounds,  or  give  me  any 
ease  whatsoever.  And  next  morning  they 
brought  mc  and  John  Polk)ck,  and  other  two 
6f  us,  near  two  miles  on  foot,  I  being  without 
shoes,  where  that  party  which  had  broken  us 
at  first,  received  us.    They  were  commanded 

SEarlshall.  We  were  horsed,  civiUy  used  by 
sm  on  the  way,  and  brought  to  £dinburgn 
about  four  in  tlie  aflemoon,  and  carried  about 
the  north  side  of  the  town  to  the  foot  of  tlie 
Canongatc,  where  the  town  magistrates  were, 
who  received  us ;  and  setting  ine  on  a  horse 
with  jmy  face  backward,  and  the  otiier  three 
bound  on  a  goad  of  iron,  and  Mr.  Cameron's 
head  carried  on  a  halbert  before  me,  and  another 
head  in  a  sack,  which  I  knew  not,  on  a  lad's 
back  ;  and  so  we  were  carried  up  the  street  to 
the  parliament  close,  where  I  was  taken  down, 
and  thereat  loosed  ;  all  was  done  by  the  hang- 
man. 1  was  carried  up  to  the  council,  and 
first  put  up  into  a  room  alone,  where  the  chan- 
cellor came,  and  asked  if  I  knew  him  ?  1  an- 
swered yes.  I  was  brought  in  before  the 
council,  where  the  chancellor  read  a  ditto 
against  me.  First,  anent  the  bishop's  murder, 
to  which  I  answered,  I  was  obliged  by  no  law, 
cither  of  God  or  man,  to  answer  to  it ;  and 
neither  to  accuse  myself,  nor  reveal  others  hy 
indicating  myself,  or  any  other  way.  The 
Advocate  asketl,  where  I  was  the  thinl  day  of 
May  last  year  ?  To  whom  I  answt*retl  I  am 
not  bound  to  keep  a  memorial  where  I  am,  or 
what  1  dn  every  day.  The  chancellor  asked, 
if  I  thousfht  it  munler?  To  which  I  answeivd, 
though  I  was  not  bound  to  answer  snch  c]i:e5- 
fions,  yet  I  would  not  call  it  so,  hut  rutlifr  say, 
it  was'no  murder.  The  advocate  said,  .Srr,  you 
must  he  a  crreat  liar,  to  say  you  renicniberiiot 
where  voii  was  that  day,  it  being  so  remark- 
able a  iky.  I  replied,  Sir,  you  mujat  bn  a  far 
l^reater  liar,  to  say  I  answered  such  a  thing. 
Whereupon  the  chancellor  rcplicil,  My  lord 
Advocate,  he  said  only,  he  was  not  bound  to 
keep  in  memory  every  day's  work. 

*^  The  chancellor  asked,  if  I  adhered  to  Mr. 
Cargill's  papers,  which  they  called  the  new 
covenant  taken  at  the  ferry  ?  I  answered,  I 
would  know  what  any  would  say  against 
tbeni.  He  asked,  if  I  owned  the  king's  uiitiio- 
rity  ?  1  told,  though  I  was  not  l)ound  to  an- 
swer such  questions,  yet  being  permitted  to 
enieak,  I  would  say  somewhat  to  that.  And 
first  that  there  could  he  no  lawful  authority  but 
what  was  of  God  ;  and  that  no  authority,  stat- 
ed in  a  diract  opposition  to  God,  ooald  be  of 


837] 


STATE  TRIALS,  33  Chaelcs  II.  l680.-/<w-  Treasm.  [I 


it  WM  iicil,  I>ep<»ii5  tb«t  l>eiiig  icite- 
rogAt,  if  lie  wmi,  t»reient  kI  the  muidert  he  ao- 
»w«red  lliat  kc  was  not  Dbletdi't'il  lo  aimwer 
•oy  suck  <|4ie!itioD,  nor  to  accuse  himsalf.  De> 
^qhb  that  Wm^  mtcrogat,  ubrr  lie  it-as  ih*^- 
tllif4  <i«y  ol'  May  ]<}79,  be  aiisH ciet]  thai  h« 
^•Jt  ii«t  c»b)«<|ftHl  lo  kf#j>  recl'oiiinn  M  dtyes. 
I^pfms  uba  that  Joho  Pollock  piLsoiier*d*d 
QOiifviase  before  the  lards  of  (tririe  couucill  in  ihe 
liitti>r,  Uial  he  hrard  Hack«touu  of  lEatbiitif 
9^y  that  tie  was  with  the  uiunlerei's  uf  the  arcb- 
Jiop  that  day  of  the  murder,  but  that  be  re- 
ird  tojo\  ne  ui  ttte  actiou^  and  ibis  is  ibe  truth, 
llie  t^ball  ans\iertu  God* 

ir,J>ihn  rtfni^» keeper  o r the Tolbttith^being^ 

'MemnUc  suanic,  j>uri^  of  pariiall  couucill, 
iJgH»ait  upon  the  truth  and  rehtte  t>f  Davtd 
^hikatoun  ol*  Hathilet,  bu  Uccbuaturf  9i|^ned 
^H  the  justice  {i  ufion  the  38tb  of  July  iusiaiit. 
VljKtn^  tbbt  the  pail  nail  cotifcst,  be  was  in  hb 
aisler'K  liuuse  )n  3kutouu,  whtn  he  wasaearcb* 
l/r  by  Uje  ajibbMbo[**s  serraDti»  and  escaiied. 
Sic  tuitC/iUtur,  JoUN  Va^SE. 

ft  M*Kenzu:  umt-er  of  court,  pureed  and 
r.,  depo!]s  upon  the  truth  aoQ  v  en  lie  of 
^d  1>ecLinator  in  all  po>ut!t. 
l-Bic  tubscnbttur^         J,  5rKEH2lE,  Macer* 

M^.  J&hn  rnn$€  imng  farder  examfned,  de- 

m  itn>og  pnrty,  and  tliat  knotnng  with  what 
*  .^dera  they  cauie  agaiu&t  ua,  we  werc 
iigbt«  Atler  drfc%!»iiij^  of  uiy  Houudj^ 
*ugbt  back  to  them,  and  tbeae  thtngw 
written,  weic  read  over  to  inc;  to  which 
h£red ;  and  Wnff  askeit,  if  1  would  aigu 
I  said  not.  The  chancellor  said,  he 
lid  do  it  for  me.  Sonic  one  of  tbeui  a&ked, 
the  fir^t  tiraa,  concerning  my  being  at  bome 
other  btisiiiesa:  to  %vhom  I  suiMwcrod,  that 
tliotig'h  I  was  n<>t  obliged  to  ansirer  such  ques- 
tions,  yet  1  adliered  to  all  that  had  been  done 
in  bebalf  of  that  c^use  aguiust  its  eDcmiea. 
Aflet  which,  1  wan  sent  to  the  Tolbootli,  and 
faM«  met  since  wiifa  ail  manner  of  kimlnes^,  and 
^Bpt  for  nothing-.  My  wounds  are  duly  dressed, 
^Beh,  I  fear,  may  prove  deadly,  they  being 
iM  m  the  hcitd,  the  rest  of  my  tni^y  is  safe. 
w-**  la  all  these  trials  (I  bless  the  Lord)  J  was 
^BMdp  ttiilfM>vctl,  no  alieratioci  <»f  countenance 
^Hiskist,  DOr  impatienoemppeared.  Some 
BBwil  iKive  eome  to  me,  and  regretted  tliat 
#ad]  a  man  as  I  ibould  have  been  led  away 
with  Cameron.  1  ans\i«red,  he  was  u  faithful 
Htjciister  ol  Jews  Christ,  and  as  for  me,  I  de- 
mtmi  li>  be  one  of  those  desjiicable  ones  whom 
CknsKhaoHil,  They  said,  it  was  a  Uuaker- 
lilee  aiMwer.  1  told  it  was  the  words  of  Christ 
aQ«l  liiH  apacUes,  Bishou  Paterson^s  brother, 
nnklfbwn  to  me,  bad  a  k>ng^  rcajioning  with 
um^  but  1  Ihiuk  not  to  truth^s  diaaiUantag^ 
Be  luld  mc,  that  the  whole  council  observed, 
lllttt  1  gave  theui  not  their  due  titles  ;  at  which 
1  ■Diltd^  and  made  ou  reply.  He  sai|lf  1  wus 
fllla  tbe  bishop*     I  tokl,  tkot  I  veerted  the 


non«  that  the  litiSe  byble  produced  waa  ae- 
knowled^ed  by  the  pannall  to  be  bis  Ujioa  ihm 
tirst  %veive  of  it. 

6Vc  sukcribitur^        Joay  Vanse, 

Hi*  Migett^^i  Adtocat,  for  farder  iirobatioa 
producrd  the  DejKisitions  of  James  Andei-son, 
m  'IVtvcbets^  and  olhtn-s  taken  belbr  bis  ma- 
j^*sti<'s  pi  M  ie  cuuocill,  and  befor  the  sheriff 
drmit  of  Fy  If,  theranent;  whereof  the  tenorc 
Ibllowe : 

*'  Edinbtir^b  itie  U^  of  May  1679,  in  pre- 
sencc  of  the  conmuUec,  for  publict  af!airs« 
James  Aodeiiion  in  Tewcheti  in  Lar^o  aged 
50  years,  or  thereby,  beincr  sworne  and  inie- 
rogat  tibat  he  kuowes  of  the  murdei  o(  the 
late  archbishop  of  St,  Andrews,  depones,  that 
j  upon  tlie  third  of  Mixy  instant,  the  day  nf  the 
t  n*urd«^r,  The  deponeot  being  that  day' at  Bal- 
coturmiln,  and  having  returned  botne  betwiiit 
two  and  tl»ree  in  the  eikrnoon,  Thomas  Cowe, 
the  deponent's  sarvant  told  ibe  depooent,  that 
nyn  armed  men  hade  possest  his  barne,  aud 
sett  out  centries,  and  would  not  suQer  any  of 
the  people  to  gv>e  from  ib^  toun,  untill  I  hey  re- 
moves I,  which  was  about  seren  o'clock  at  night, 
and  at  parting  each  of  them  shook  handii  witU 
the  depouf'nt,  whom  he  knowes  to  U;  these  fol- 
lowtinif,  \  iz.  David  Harksloun  of  Katbilel,  w  bo 
is  a  tall  slender  man,  black  haired  and  black 
risaged^  who  hade  ana  brownish  gray  lu^rse 

truth.  He  said,  that  he  ne^ar  took  the  core* 
nantf  and  so  could  not  be  perjured.  1  answer- 
ed, Prelacy  itself  was  abjured  bv  the  whole 
nation.  El^e  told  me,  that  Ihe  wtole  council 
Ibuud,  I  was  a  man  of  great  parts,  and  also,  of 
good  hirth.  I  replied,  tor  ray  birth,  1  uas  r«k^ 
lated  to  the  best  in  the  kingdom,  i»fhich  I 
thought  little  of;  and  for  my  parts,  they  were 
small ;  yet  I  trusted  so  much  to  tlie  goodness 
of  that  cau»e  for  which  I  was  a  prtsoiier,  that 
if  they  would  give  God  that  justice  as  to  Ivt 
his  cause  be  dii^puted,  I  doubtt- d  not  to  plead  it 
against  all  that  could  speak  againiit  it.  It  was 
cast  11  p  to  me  both  at  ihe  council  and  bere^ 
that  there  t^ere  not  two  hundred  in  the  nation 
to  own  our  cause.  I  answered  at  both  times, 
that  the  cause  of  Christ  had  been  often  owneit 
by  fewer.  I  was  pressed  to  take  advice;  I 
aniiwereil,  I  would  advise  with  God  and  my 
owj]  conscience,  and  would  not  de^teud  on  men, 
and  r el  used  lo  debate  any  more,  since  it  was  lo 
no  purpose,  being  tiuuhksome  to  me,  and 
not  advantageous  to  the  cau&e.  At  the  cotm- 
cd,  some  said,  I  was  [ioasc«sed  with  a  devil ; 
sutne  one  things  some  another.  The  chancellor 
iuud,  1  was  a  %iciotis  man;  I  answered,  whila 
I  was  so,  1  had  bceu  accep1al»leXo  him;  hut 
uow^  when  other^vise,  it  vias  not  so.  He  asked 
ine,  if  1  would  yet  own  that  cause  with  my 
blottd,  if  at  hberty  P  I  answered,  both  our  fa- 
thers liad  owned  it  with  ihe  hazard  of  their 
blood  bdbre  me.  Then  I  was  called  by  all,  a 
murderer,  1  aosii end,  God  should  dedde  it 
betwixt  us;,  to  whom  1  rt^erit,  who  were  uxQflL 
murderers  in  bis  tight,  they  or  L^ 


I 


TrM  a/  Dmid  SMblon, 


gt>  fftiiii  ii« 

rwmam^mmaa  my  in  tb«  forctiotiirt  BAd  tint 
1^  Sai^  «i  tliKn  Attswrr  tci  God.     D»» 

OstmttOMO. 

itf'llke  pprsmi*  «nf1rr  iNTitS«, 

__   WUln-     -  ■  -^'-T.- 

Jbmm  ^r  -» 

«    lieutenants  And  Joha 
of  tbeiudooQi* 


nerr&fft   to    IMmki 

Tnaryed  tn&D  of  ^ 

Tug  ■wfyme  tsl 

;>  rMfWftp  to  Odd, 


iras  at  the  Wohst^r  •  ^ 
FHiLa^  Um,   the  Aeciidt)  r 
vbrr  the  Wobftter  15, 
•  i    he  went  sm^aj    wiiii 
iiM4  l'*uiky*  iii<»bt.    Ueftaaftlio  caftftoi 

.*$«.  ibMMBTiAi/MF,  Wm.  CAftMICtlAttA* 

0(n//  4^il«l4»    aemtrir  to    Jolm    nulfrinf.  ^f 
^aiieiu  >f  the  ag^  . 
V,  tma^  swm-oe  ano  .     • 

■-••, ,  r  ►n  Clod,    ihii  sliC  tr.    ;    :    • 

<         >     ^he  beard  tbtii  hvi  m.         i     :; 
atU   flAtltilct     «ras   at    R;ii 
rotng,  botalieilid  ivnt  9*fe  ti 
:  RaiibilK  oti  Sattpvil 
'it  w.'A5  tbtT  ihctj,   a  I 

bclong:si«' 

U  M.  Cjuttfiauiu^ 

<  u,  )»uvtinx  to  tlM  iiid  iAt}4 

•t^' lit  23   vHirsufii|pB  arlfccic^y. 

{Mill  oatk,  us    '  Kjiiairer  lalf  •< 

Fridfi%  taat  »i  - 

__    of  iCw«iwii   '.VI  (SI  It  lib  bstn,  irri 

aiMf  m  the  rftri  i^ioi),  atid  iftws^  ••  n 

lirr  oamiBUii  perv'riM  wilb  ibam.  1>«t 

M  rjfd  Away  oa  a«M  my  bmt,  tQ«i 

j^te    BalfiMif  bad  ULiip  t>Bv  UQraa«  bii4  su^- 

«Ih^  MS*  b«i  ^^Qr  cbmlc  Ijifld 

«alisv4  cioalh  ur't  ttiji  *n 

w«a  %ii 


STATE  TRIALS.  32  Chasles  tl.  l6iO.—for  Tretittm. 


CMi 


fillt,  pifitols  and  iwoKlf,  tnd  did  ryd  awny  od 
Fiydtftycs  Dight  together,  Ratliilei  hadf?  anc^ 
vwvet  cftpe  on  his  head,  and  ane  clock  Untfd 
red,  and  John  Balfour  hade  ane  cape,  and  the 
Either  young-  man  arte  bonuet^  and  the  ccmt  pro- 
^Wd  be  the  »oj<»r»  ia  KuUiUets  coal,  ilepons 
^■caonoc  wreitti 
^K^  Su^nbilur,        Wli.  Casmicuabll. 

Jomef  KiH9tcir^  servitor  to  Rathilet,  S4  years 
^f  a^  or  tberby,  depoua^  his  master  was  at 
Jiome  Oil  Friday  last,  and  did  ryd  av^ay  at 
night  on  a  gray  hurt. ,  and  John  Balfuur  hi!> 
l>rother  in  lawe,  aad  Ge^iigc  Balfour  in  Gils- 
tow  ti,  and  aiKilher  periun  who  was  liaid  to  he 
And  re  IT  Guilan,  Wobsii^r  in  Baliuirinoch,  bis 
master  had  ariues  and  pistuilM^  t<ir  the  rest  he 
koi^wes  not  if  ihey  hade  armes,  U^m^  at  a  di$»- 
teoc^  they  did  ryd  east w«u-d,  toward  KiJmany. 
OlB^aa  he  did  tiot  Kee  his  master  since,  nor 
laK»w«snot  wher  he  is.  {>epous,  be  ennnot 
wit.it  ^  de[K)i]sJohti  Baltbur  was  ryding  on  uiie 
hay  horse,  and  the  VVubster  on  aoe  whitt  horse, 
whicii  they  said  belon^^ed  to  Georgt:  Balfour, 
And  that  John  BaUoui-  hade  ane  cape  on  hisf 
bead,  all  which  htr  dcpons  to  be  of  verltie  as  he 
shall  answer  to  God. 

PStc  SitbtcnifUurt  Wm.  CaRMICHAelL. 
ViHuim  Botvmthit  servitor  to  John  Ijourie, 
mi  in  Huthilil,  of  tbr  avfe  of 'iO  years  or 
peby,  Depone  upon  oath  as  he  shall  answer 
God,  ihat  be  did  see  Hatbilet  on  Fry- 
days  ni«^'lu  last  ryd  away  oi»  ane  gray  horsse 
John  Balfour  of  Kinloch,  aud  other  two 
with  tht'in  i'3'diijg;^  un  horses,  the  one  ot 
1  w»8  called  ane  \Votii9Ter,  a  litle  roan  with 
kbounet,  and  Jolui  B^Hour  bade  ane  ca^e  on 
Read,  they  hade  s\Tnrda^  ut  least  some  of 
,  be  tjemg  at  une  di-itance,  and  their  backs 
Eluu,  bcfor  he  did  see  them  ryding  away 
ards  the  smiddie,  about  two  pair  of  batts  from 
him.  Depons  h**  cannot  wreitt,  and  that  John 
Bilibor  ^vas  on  ane  bay  horse. 

SU  Sub$crit}unry        Wm.  Carmichaell. 

i  Tif/^'i»»  servitor  to  Raibilet,  about 

^B  veafs  or  thereby,  depous  u[)on  oath 

!  shall  answer  to  GtMJ,  that  his  master  was 

on  Fry  day  las  I,  and  John  Baltbur  aud 

~alt»uriu  Gil&tooti,  and  AuilviiW  G  oil  an 

in    Balinirinoc'b,   and    they    did  ryd 

ly  411  the  evening  eaittwaiYt,  anil  they   b^d 

vordti,  and  hii>  mazier  and  John    Ballour 

sters  on  their  horses,  aud  his  niafiter^s 

I  |rni>,  and  Jobo   Balfour  bade  ane 

rbtJi  hettd. 

f  &c  Sv htcriitU  eir ,  -      W if .  C AftMICH  hSLL* 

•t  (tfMay.    James  Robiruon  of 

i  man  of  the  age  of  4^  years 

I  itth  as  he  shall  an- 

t  fid  ay   last  the  3d 

II  in  bis  own  housci 

n  iDon,  aod  c»me  to 


>-ir  MfotiJd  bt;  toUn,  becauMi 


thcT  came  a  man  ryding  throwatbe  ctosst  wifb 
(listoUf  und  swDrd,'aud  then  they  told  th«  de« 
mmeut  that  the  bishop's  cuach  was  new  goo« 
by,  and  ef^erwards  silting  still  in  the  liou«e  b# 
heard  two  shotts,  and  then  went  forth  of  the 
houaeand  heard  another  sbott,  the  reck*  w  hertiC 
covf^re«1  ths  coach,  and  that  he  beunt  greal 
Bcrccckjn^of  ane  woman,  which  made  him  ap* 
prebend  if  mv  lord  !St*  Amlrewa  wasin  thecout  h 
he  woubl  betilteij,andthat  hedidseeab<jut  iiyii 
men  on  horses  that  was  acceisorie  to  the  act ; , 
bnt  he  tuiowes  non  of  them,  and  etterwards 
they  went  southward  from  the  coach  a  htle^ 
and  returned  sgaine  to  the  coach,  tmd  then 
went  straight  westward  Us  they  came,  lh«  de- 

tioner  being  at  ane  dtstaocc  Irom  them  about 
lalf  a  myle  or  therby. 

Sic  $tibicribiturf      James  Hobertsotvc. 

\Vw.    CARMlCttAELL. 

Wiiluim  Balfour^  servitor  to  John  Milbr^ 
tcnent  in  Magask,  married  man,  32  y  e&m  of 
a^,  or  thereby,  being  swome  and  examined, 
de[K>ns  upon  oath,  as  he  shall  answer  to  God» 
that  on  ftiaiterday  last«  the  third  of  May  instant^ 
bet  wilt  ten  and  twelve  hours  in  the  ilay,  bt 
was  in  the  barn  yard  ot  Magask,  and  ther  cam* 
several  persons  ther  rydsng  on  horses,  n«ar 
twelve  men,  or  thereby,  and  one  of  them  canM 
throwe  the  clos^ie  of  ftlagask,  aud  be  tboughl 
they  hade  been  the  king's  guard,  and  he  went 
in  and  told  his  master  vrould  be  taken,  ai 
they  did  ryd  throwe  the  land  hastily  towi 
the' East  dyk  of  31agaak,  and  dtd  Ibflowe  tb^* 
bishop's  coach,  whom  he  did  see  they  didsbufi 
eftcr  the  coach,  and  turned  the  coach,  and 
killed  my  lord  Sx.  Andrews.  Also  tlie  deponer 
flepoos  he  knewe  James  Hui^ll  in  RingskeiUcy 
was  one  of  them,  and  did  ryd  throwe  the  closse 
of  Magask,  on  ane  bniwne  horse,  and  G«orge 
Balfour  of  Gtistoun  was  ther,  he  did  see  him 
also,  it  was  ane  brown  ami  aue  grey  bori^  that 
did  lurne  liic  ctach,  and  George  Balfour  was 
rydingoo  ane  gray  horse,  iind  I  be  peiM^nsdid 
let  ther  cloaks  Sie  irom  them  at  .^li^uask  dyk^ 
and  etterward,  v»hen  they  did  the  mui^CTi 
they  came  and  took  np  their  chiaks  agam, 
tut  the  deooner  being  lerntied,  coDvoyod  bbn* 
self  out  or  the  way  to  tbe  house.  l>ep<yiw  li*  , 
cannot  wreitt. 

Sic  Suhtoritihir,    W.  Cabmiciiael. 

The  panodl  Da?id  naekstovo  «f  Halbilct, 
being  interrogat  by  hi*  im^Um  idfotat  as 
uidor  to  bis  own  tiDilicalioii,  svhcr  be  ir«i»  Ibfl 
tymt;  the  arch  liishop  was  mtirdei^,  and  wbtf 

he  first  beard  of  tJie  munler,  and  if  he  wi»ii 
his  sister's  house  in  Mortottn,  the  night  be  iv«s 
searched  for,  refuiies  to  answer,  but  AilbeM»  It 
bis  ibruier  Declinator* 

Efter  leading  and  addnceing  of  the  wbtl% 
Probation,  ihe  lords  ordained  the  Assyse,  t^  i 
inclose  aud  reiurne  tbet-  verdict,  who  accprd* 
ixiglie  removed   altogether  furtb  of  the  oour|.i 

■     — . — *  ' 

*  Smoke.  Jamleson  spelU  the  vord  m  Afft 
ways,  Reiky  Hcek^  lUk* 


•43]     STATE  TRIALS,  32  Cif  ARLBS  U.  l680^Tm/  of  David  Haekiiayn,    [814 


to  the  assyse  bouse,  wher  hario^  reasoned,  and 
voted  upon  the  poynts  and  artides  of  the  Ij^- 
beil  and  probation,  they  re-entered  againe  in 
court,  ancl  returned  ther  Verdict  in  presence  oF 
thesaids  lords,  whcreot'the  tenor  IbUowes.  **  At 
Edinbui^i  Uie  30  of  July  1680.  The  persons 
constitut  and  sworue  assyisers,  be  the  lords  of' 
his  majesties  juRticiarie  lo  pass  upon  the  tyrail 
of  DiKVid  Hackstoun  of  Rathilet,  for  severall 
horrid  and  treasonable  crynics  particularly 
contained  in  bis  indy tinent,  they  be  the  plurali- 
tie  of  voices  choised  sir  I'ali-ick  Threpland 
Chaucellar  and'tlie  said  Mr.  William  Nimmo 
Clerk  to  the  assyse,  and  tbercaiWr  having-  con- 
sidered the  lybdl  and  contenls  thereof,  with 
the  depositions  of  the  wholl  witnessiis  upon  the 
respective  articles  of  the  lybell,  and  being  ful- 
lie  ami  ryplie  adwised  tberonent,  doe  unani- 
mouslie,  ami  in  one  voice,  be  the  mouth  of 
sir  Patrick  Threpland,  Chancellar,  fmd  the 
pannal,  David  Hackstoun,  of  RaUiiJIet,  guilty 
ofbeinpin  the  rebellion,  against  his  majesties 
anthoritic,  and  at  the  conflict  at  Ayres  Musse, 
bctwioA  his  majesties  ibrccs,  and  the  rebells 
defiitether,  and  for  onrneing  the  treasonable 
papers  mentioned  in  the  dittay,  and  thereby  of 
the  treasonable  contryveing^  the  destruction  of 
Ilia  mi^estics  lyff,  autboritie,  and  ^emment, '.  * 
ud  also  of  bis  treasonablie  declinmg  bis  ma-    *  Lowrie,  John  Halliday,  and  <»ptaiQ  Jhm 


this  thretieth  day  of  Julv,  instant,*  betwixt 
three  and  fy  ve  o'clock  in  the  aflemoon,  and  or- 

*  '*  David  Uaxton  of  Rathilld  was  ood- 
demnod,  July  30th,  and  executed  the  aaaa 
day  in  a  most  severe  manner."  1  Foontaia* 
hall,  119. 

**  There  has  been  (says  Hfr.  HunMt  vol*  ^ 
p.  344  of  his  Commentaries),  a  variation  of 
practice,  in  the  article  of  naming  a  time  ftr 
execution  of  the  Doom.    It  is  only  in  theeomsi 
of  the  present  century,  (the  eigbMntb  oentmy 
is  meant)  that  any  special  order  on  this  hmi 
has  come  to  be  a  necessary  article  of  the  mb- 
tcnce :  for,  acconling  to  the  oMer  atyle.  the 
time  was  lef^  quite  at  lar]^,  to  the  will  or  the 
inferior  magistrate ;  and  it  anpears  that  not  ib- 
commonly  this  direction  bad  been  carried  tke 
length  of  executing  the  sentence  on  the  f«y 
day  that  it  was  given."    [According  to  a  nols 
M  Jan.  1624,  in  the  MS.  Abridgement  of  Ao 
books  of  Adjournal,  the  ordinary  course  wwti 
proceed  to  execution  on  the  day  afler  the  sci- 
tence.    I  fmd  this  entry  in  the  Diary  of  Ro- 
bert Birrell,  Burgess  of  fidinbui]^,  wbosenn 
to  have  been  an  exact  observer  of  mddenls  of  tbii 
nature:  *  The  8th  of  Februar  (1597). 
Windiezcttes,  Johne    Moecraip, 


jesties  autboritie,  and  the  autboritie  of  his  ma< 
jesties  privic  coundll,  and  justice  court,  and 
also  of  his  being  art  and  part  of  that  horrid, 
barbarous,  and  sacralegious  murder  committed 
on  the  person  of  the  Ute  arch-bishop  of  St. 
Andrews,  primat  of  all  Scotland,  upon  the  3d 
of  May,  1679  years. 

Sic  Subscribitur^ 

P.  Threpland,  Cbanoelar." 

Efter  oppining  and  reading  of  the  whilk 
Verdict  of  assyse,  the  Lords  Justice  General, 
Justice  Clerk,  and  Commissioners  of  Justi- 
ciary thfrfur  be  tlie  mouth  of  Adam  Auld, 
Dempster  ol' court,  decerned  and  adjudged  the 
body  of  the  said  David  Hackstoun,  of  Ra- 
thillet,  to  be  drawen  upon  ane  hurdle  back- 
ward, to  the  cmce  of  Edinburgh,  and  ther  uiion 
ane  high  scaffold,  erected  a  litle  above  the 
croce,  to  have  his  right  hand  struck  off,  and 
efter  some  tyme,  to  have  his  left  hand  struck 
off,  and  then  to  be  hanged  up  and  cut  <lown 
alive,  and  his  bowels  taken  out,  and  his  heait 
to  be  shown  to  the  people,  by  the  hand  of 
the  hangman,  and  his  heart  and  bo  wells  to 
he  burnt  in  presence  of  the  |>e(>p1e,  in  ane 
t^re  prepared  for  that  purpose,  upon  the  scaf- 
fold, and  afterwards,  to  have  his  head  cut  off, 
and  his  body  devidit  in  four  quarters,  and  his 
head  to  be  afiixt  on  the  Nether  Bowe,  and  one 
of  his  quarters  with  butli  his  hands  to  be  affixt 
atSt.  Andrews,  another  quarter  at  (jlasgow,  the 
third  at  Leitli,  the  fourth  at  Burnt-island,  and 
that  non  presume  to  be  nioumiug  for  him,  nor 
he  tf»  hare  ane  coffin,  and  tliat  non  be  on  this 
scaffold  with  him,  but  two  baylies,  four  offi- 
cers, the  executioner,  and  his  servants,  and  this 
aentence  to  be  put  to  execution  a^aiusi  him, 


*  Lowrie,  all  hangitt  at  the  Crosse,  for  cmh 

*  terfeiting  fals  wreittis,  quilk  was  gnle  pilii 
'  to  sie.*     It  appears  from  the  book  ef  Ai- 


joumal,  that  their  sentence  bad  been  pro- 
nounced that,  same  day.  ]  *'  This  bappiawd  ■ 
the  case  of  lady  Glamis,  July  17th  1S37,  sf 
Hackstoun  of  Kathillet,  in  1630,  of  BaiDierf 
JaiTieswood,  in  1684,  and  Kichard  RumbsU, 
in  1635.''  [Sir  Thomas  Hope,  in  his  Mijsr 
Practices,  makes  mention  of  an  act  of  ocMUicil 
in  1604,  against  the  sudden  execution  of  m- 
tence;  but  this  ordinance,  if  in  truth  any  sodi 
was  ever  passeil,  does  not  seem  to  have  bsei 
comjdicd  with  in  practice :  and  indeed  it  ody 
enjoins  to  delay  tilt  next  day,  or  longer,  if  ikf 
judge  see  cause.  See  Iloyston'a  notes,  ad.  p. 
289.]  **  Nay,  by  the  express  appointmeat  sf 
the  law,  a  murderer  taken  in  the  fact,  orn^ 
hand^  as  it  is  culled,  was  to  be  tried  and  esa* 
cuted  by  the  sheriff  within  three  sons  ;  andliy 
the  statute  1695,  c.  4,  this  priM^ipitation  wtf 
only  so  far  corrected,  as  the  time  i4  executiHi 
was  now  lef\  to  the  discretion  of  the  juilge,  art 
exceeding  nine  days  atler  sentence.  That 
are,  however,  obvious  reasons  in  tlie  sitnalini 
of  Scotland,  a  country  so  n-m<.te  fntra  tbesrtl 
of  mercy,  not  to  mention  other  verv  poweifrl 
eonsiderations,  why  a  more  liefinite  rule  ou|kt 
to  be  prescribed  on  this  head,  anil  the  unbappf 
convict  be  allowed  a  longer  interval  betwect 
his  doom  and  execution.  Yet  no  provision  «tt 
made  in  this  behalf,  before  the  lltbol  Geo- 1, 
when,  among  other  salutary  rsgulation^ 
thrown  into  the  statute  of  that  )ear,  for  dif- 
armiiig  the  Highlands,  it  mas  ordered  that  at 
sentence  of  corporal  pains  should  be  excciil^ 
Hithin  less  llian  thirty  days  afler  its  ditr,  if 
pronounced  to  the  southward  of  the  Forth,  MT 


STATE  TRIALS,  d2  Charles  11.  l680.— /or  TrflfwiK 


ilslux  his  name,  fame,  memory  and  honoiir^  to 
lie  cxtiectf  and  bis  armcs  to  be  rireD,  ami  de^. 
lale  f  urtb  tfl  tbe  bfM>ks  of  armes^  solbal  tiis  pos- 

inlhin  less  than  forty  dayii,  if  pronounoed  to 
the  nortbward  of  that  river.  As  far  as  con* 
cerncd  th«  inferior  corporal  puoisb  meats,  such 
am  flCDOrgiiig  or  pillory,  this  Jong  delay  of  exe- 
CQtklii  waa  found  troublesotne,  and  a  discou* 
OtgeoMiiit  to  the  trid  of  petty  offeoders.  And 
^^jfaa  therefore  abridged  by  statute  3d  Geo. 
^K.  SS>  which  allows  the  infliclin^^  of  any 
npbiiliineiit  short  of  death  or  demembration, 
ttAar  tbe  expiration  of  eight  duys,  or  of  twetFe 
4sy8»  fn»m  the  dale  of  the  judgment,  according 
aa  It  is  pronotim?ed  to  the  southward,  or  to  the 
northward  of  the  Forth ;  saving  alivays  the  pri- 
ttS«)it<^  of  applying  to  the  judges  of  the  Court  of 
iustictary,  who,  or  any  of  them,  may  stay  the 
execution  of  any  such  sentence  of  an  inferior 
jutlg^,  for  the  Kpace  of  thirty  days,  if  there  be 
c^iMe  for  such  an  interposition.^^ 

As  to  the  caaest  of  murderers  taken  red  hand, 

f;  Hume,  in  another  place,  notices,  *-^  that 
t  enlargement  of  the  period  for  doing  justice 
the  ort*enderf  from  one  sun  to  three,  neems 
10  have  been  owing  to  the  erroneous  narra^ 
live  of  tlie  statute  1491.  c.  ^8.  which  speaks 
of  1*  the  three  tun  nes  contained  intheaiddiaws;" 
wheiwft,  in  all  of  these,  the  allovi^ance  was  U- 
nkbiii^oe  day  only.  Farther,  it  was  provided, 
gtfiwnitv.  by  statute  1695,  c.  4,  with  respect 
to  ^il  crimes  wherein  inferior  criminal 

COM  hitherto  restricted,  to  try  and  «x- 

eut^  witiiiu  three  suns,  that  this  time  shall 
li«real^er  be  restricted  to  the  trial,  and  sentence 
^y.  but  out  to  tiie  time  of  exec u lion,  which  is 
limby  left  to  the  discretion  of  the  judge,  not 
^Eoeeding  nine  days  after  sentence/^  It  ap* 
pnrars  from  lord  Royaion^s  notes,  that  the  occa- 
I  €f  passing  this  law  was,  that  a  person  had 
ittled  murdsr  when  in  iiqitorf  and  was 
condemne^l,  and  eJtecuted  in  the  i^ame 
Riy  condition.  But  even  after  that  iro  - 
pofcmeiit,  there  still  remained  this  serious  ob- 
jictimi  (beside  others  of  some  weight)  to  so 
pfncipitaie  a  form  of  process,  that  there  was 
MistaSctenttimt:  for  applying  to  the  king  for 
laercy,  nor  even  to  the  supreme  court,  for  re- 
?iew  of  the  proceediivgs*  Now  that  exception, 
tho^  was  obviated  by  the  statute  Uth  Geo. 
1st»c,  V6*  ''  Under  these  restrictions,  therefore, 
(for  ought  that,  says  Mr,  Hume,  1  can  see,  and 
to  judge  by  the  face  of  our  books)  "this 
Testlg^  of  barbarity  is  still  a  part  of  out  law. 
Ihii  tl  >s  difficult  to  imagine,  how  any  trial  can 
pMribly  be  absolved,  with  (he  obserrance  of 
•Ibose  lirms,  which  are  now  esteemed  materuil 
to  justice,  within  fiu  short  a  periml,  as  ttiree 
da}*s  af\er  the  slaughter.  Probably,  statute 
fpould  before  thj«>  time  have  interfered  to  cut 
fijf  Ui«  appearance  even  of  this  rude  nriviiege, 
if  in  truth  it  had  not  been  so  effectually  ab^- 
gated  by  the  manners  and  sentiments  of  later 
lames,  which  have  hindered  any  attempt, 
Imn  being  made,  towardii  tJia  use  of  so  pas* 
(  A  course  of  tfisl." 


teritie  may  never  be  able  to  brnik  or  joysr^ 
any  lands,  heretages,  oflfices,  titles,  or  digoitiea^ 
within  this  realme  in  tyme  coming,  and  to  have  ^ 

Fouotainhal),  under  date  August  15th^  1684^ 
says,  "  The  Privy  Council  are  resolved,  that-  < 
any  ^1*0  are  condemned  far  Bothwel  Bridge 
Rebellion,  or  disowning  the  king's  authority  or  ^ 
any  other  treason,  shall  be  allowed  but  toreai  ] 
hours,  and  shall  be  execute  that  same  day  tbd  < 
sentence  is  pronounced.  The  French  hava  { 
<some  such  custom." 

"  Nov.  24, 1684.  The  Council  being  inform- 
ed, that  tliLs  day  three  coffins  wer*-*  carrieiV  ; 
down  the  sti-eet,  for  the  persons  w  ho  were  this 
day  ordered  to  be  executeii  fur  treasonable  prms* 
tice«,  and  owning  the  late  treasonable  Declan^  i 
tion,  the  council  recommended  to  sir  WiHiant 
Paterson,  to  enquire  into  the  maker  and  painter 
of  them.     So  very  low  did  their  zeal  against  * 
the  sufferers  creep/'     2  Wodrow,  350. 

Fountaitihall    mentions    the    same  thing  7 
*'Nov.  13,  1684.    Three  fellows  called  Wai^ 

Semple,   and  — ^-^ *  who   wer?  suspected 

and  apprehended,  as  owners  of  the  late  Apo* 
logetical  Dcclai-ation  of  War  against  the  Kjog« 
and  threatening  to  murder  all  their  [>ersecutor9v  ' 
(which  was  affixed  on  the  8th  of  November  last, 
on  Lintithgow  market  cross  and  church-door^ 
and  sundry  other  places,)  were  brought  in  and 
examined,  and  I  hey  owned  the  contents  rf  , 
that  scandalous  paper,  and  did  obstinately  bida 
thetortui'e  of  the  tbumbikins  without  shrinking, 
till  they  were  taken  out  of  them,  and  then 
they  fell  down.'* 

Nov.  ^4, 1664.  At  Criminal  Court,  the  thre#  j 
fellows  mentioned  supra,  viz.  Watt,  Semple, 
and  ■  —  ■  are  arraigned  on  this  ground. 
that  there  being  now  a  declared  war  by  that  re- 
bellious party  in  arms,  and  who  had  ali^eadyi 
executed  their  bloody  declaration  of  war,  hf 
kilting  two  of  the  king^s  soldiers,  yet  the  pan-* 
uels  refused  to  dbown  the  said  paper  as  trea- 
sonabte,  and  so  were  guilty  oi'neutr&Uty  ;  which 
was  not  to  be  tolerate  *  iti  statu  belli*  t  For  they  < 
were  either  on  the  Lingo's  side,  or  for  these  Re- 
bels ;  if  on  the  king's  side,  then  they  ui\.^hl 
and  ought  in  duty  to  declare  their  deteslaUon 
and  abhorrence  ot  it ;  if  they  approved  it,  then 
tbey  incurred  the  pain  of  treason  ;  aD<t  to  ' 
stand  indifferent  trimmers  ^  in  hoc  statu  belh* 
was  impossible,  seeing  those  that  were  not  fov 
the  king,  were  in  such  a  ease  against  him« 
This  not  disowning^  (though  a  new  case,) 
yet  the  justices  I  with  adviccof  the  privy  oouucil, 
found  to  be  treason  ;  and  this  was  not  con*  '. 
demniiig  men  for  naked  opinions  :  For,  Imo, 
They  had  been  tortured,  nod  yet  refubcdto  dis- 
claim it,  ijdo.  They  were  found  with  these  tie* 
darations  of  war  in  tlieir  pockets,  3tio,  Thej 
were  certified  of  hanging,  if  they  would  not 
give  a  positive  categorick  answer  ;  but  if 
they  would  seek  a  time  to  he  instructed,  thejr  ' 
should  have  it.  Some  thought  a  proclamalbii 
should  have  preceded,  advertising  them  of  th# 
certification  of  htmging  if  tliey  did  not  disown* 
Thus  wbsn  ttempk  ss^w  hs  could  not  aroi4 


Ufi     STATE  TRIALS,  3«  Charibs  II.  l660j~-Ttu,l  of  David 


^ 


* 


I 
i 


fbrfiialt,  uminitted,  and  liat  all  pnil  cuoilrie  liia 
knds,    heretagta,   tudcs,    itCMiiDg»»   romne*, 

htoging  by  his  cmuttons  tcrftJ^ef^niTf  ^^  ^^^" 
oponK'  owned  anil  Jivovred  the  said  pttiu'r  ob 
,  MfSliiiiiDK'  nothinv:  Uiil^hanKey  ivtfie  bomid 
W.  Tlie  other  Iwo  shifted,  that  itu  wna  ti^rct?-. 
i^etio  thv  vnnl  of  Qofl,  ^hun  tUey  were  lor  it  ; 
fcttt  b«ing  ur^r^  to  uriv«  un  instance  where 
Om1'9  word  allo^rH  inunJer)  Ib^  were  91- 
Imt ;  thoag:h  they  ini^ht  have  wn^ted  Moftaa 
bis  killiTier  the  Eg-ypfian,  Phineat  mnniog' 
ZiDiri  and  VaM  tli rough  the  body,  Ebnd*s 
stabbing-  king  l^lon,  6cc.  but  theac  wvre  he- 
nick  impuUps,  t^prraaty  allotted  bj  God,  and 
lluj  wnere  maj^stratea,  at  Umxi  the  two  tirsL 
The  aacis*  found  tbein  gysWty ;  and  they  were 
mm&*atsktd  ak>tU  three  o'clock,  and  wtre  im- 
ncfUiilely  earned  down  to  tlie  Gallowiee  be- 
fnpeeii  Ldth  and  Edinburgh »  and  hanged  Ihi^re 
Letbiv  five  at  hiip^ht.  It  is  £tranfl|e  to  ttad  thta 
obatinacv  hate  count^nancrn* ;  for  pood  black 
coffins  followed  them  down  Leiih  Wynd,  and 
wnuien  privily  in  the  night  stole  their  bocUes 
ffnin  lUiiKT  the  pbbet,  and  carried  tbeintolhe 

Kte  of  the  Grayfriar  s  Cbiirch-ymil»  with  a 
ii{^i  to  have  buried  tbont  there  ;  but  the 
priry  council  ordained  their  corpa  to  be  drawn 
Mck  aif^n  to  the  GaUowlee,  and  the  writrht 
Who  mada  their  oofiins  to  be  imtuired  after 
and  afpe^iended,  that  he  miffht  di^coFer  who 
bad  emyiloyed  him  ;  but  the  ma^ristratea  of 
Edinburgh  eommonl  j  furnish  cfaesla  to  the  poor 
maletaetorav — On  tbia  occaaion  the  ?3d  act  of 
parhameiit  16BS  was  made.'* 

The  practice  of  *♦  warriojg^  with  the  dead" 
aaem  to  hare  been  extensively  adopted  in 
floailatid  in  Ihese  times.  Worhow,'  i  ol  ij,  p.  4a, 
after  re] at! li)^  the  discomfiture  in  Glasf^ow,  of 
the  conventiclerB,  procet<is,  *'  Whi^n  ihey  are 
ftirly  niwrched  off^  the  kind's  forces  came  out 
af  their  barricadoe.  Great  wa«  the  inhumauity 
«f  the  foldiers  to  the  dead  bodies  letl  in  the 
aUlBtt^  I  find  ftorae  papers  assertin;^  thut 
ClaTertmiise  and  NWne  of  ttie  officers  guve 
Ofrderathat  none  should  bury  them,  but  that 
the  butchers  duf^  ihould  be  sufiered  to  eat 
thorn.  1  cjm  scarce  ptiivail  with  inyidf  to 
think  there  Mere  any  s4ich  w^ttn  ^iven  \  but 
K  J9  certain  thatUie  Ecreti  dead  bo<iie^  lay  upon 
ihaatreet  from  tleven  ofthedm-k  till'  night 
came  on,  and  the  eonimon  noldierv  would  not 
permit  them  t*»  be  carried  into  houses,  yea, 
QCtually  hiotlcrcd  by  force  people  who  were 
l^yiai^  alKHit  this  ael  of  humanity  :  yen,  which 
^rther  disaorerfl  their  nauiehty  barhaiity, 
when  in  the  etentng  they  were  taken  into 
houses,  and  dressed  up  tor  their  buritil,  the 
aoldiem  eaofie  io  and  turned  the  bodies  out  of 
tlieir  dead  clothes,  and  went  off  wilh  the  linens. 

**  An^l  when  a  kind  of  cortnivance  was  ^vcn 
to  bury  thein^  none  durst  a<ipcar  to  do  tliis  last 
<l^ce  but  wom4*n  ;  yea,  when  these  were  car- 
rying them  up  Ibe  street  to  their  burial-place, 
•iteh  was  tlis  unpamlklcd  rodeness  of  the  sol- 
diers, Ihht  th«y  attacked  the  women,  cot  the 
fbtha  wnth  their  awards,  nod  fbroed 
t 


pcMkseasions,    cvKids    ai>d   | 
pertainin^f  to  him,  Ut  ^mtr 


l^la 


away  the  bier-trres  from  thrm .  Upon  tha  tbr 
women  turned  off  some  vf  tlicir  uwn  piaidi, 
folded  them  by  Uieir  lengths,  and  put  thfs» 
under  the  eolfiiiB,  and  weol  otk  with  them,  Itt 
the  mereilesB  aoldiets,  after  they  had  maBwsi 
f  hose  wha  w«te  tiot  c^rrybkg^  c^tue  aad  l«h 
the  plakis  fmm  themk,  ailrii  wwiihl  nnt  n^m 
tham  to  carry  the  ro^ia  to  ihmr  grmt a^  • 
ihey  were  set  in  the  Alms* iMtuce  mm  lit 
Hi§rh  Chan>h«  and  I  think  caotiii<ii4  thsvafl 
Mr.  Welsh  and  some  of  their  friends  in  a  fsv 
days  came  and  burK*d  thetn." 

And  in  another  place  speaktnipr  of  iha  a^ 
ra4[^os  croehie*  of  the   soldiery  injthe  rm 


1685,  he  says,  that  on  May  4th »  ♦*  1 
he«  and    John  firyee  were  C4ifri«l  d«wa  • 
Mauchlin,  and,  %vilh  some  (»thmr»,  wef«  tii* 
mineil  by  tif*ui<!  t    •    '   ^~*        imoml^  aid 

an  Aitsize  wa^  i  ,i'  fioldifT^ 

and  an  Indictment  was  givcu  tcien^  Hay  ^ 
It  may  be«  some  of  tny  readers  may  dam  IS 
know  Uie form  used  in  those  suntiftar  JvdiciMf 
courts  ;  and  theiefbte,  it  haiof  aWt,  is  ia> 
sertecL 

€  Feter  GillieSi  in  l^f  utrend-aiici|  • 

}  John  Hryce,  in  West  Cal4ar. 

*  You  and  ilk  one  of  yon  are 
contrary  the  lawa  both  thunei 
the  laws  and  prortic^iS  of 
several  acts  of  pai'tiament,  aHilonf  H 
bumble  suhmisMion,  by  all  pvraaoft,  to  mA 
power  and  authorial  and  nn  aolmowlf^ 
ment  of  I  heir  just  power  an  ' 
of  their  full  c<Jnseiu  to  the  law« 
their  jurisdictions,  and  inriog'  i 
monstrations  of  their  to)  vUy,  an4adlMraMats 
tlleirpr^fv•^^  -^^  '''^ff  head  and  mnmig^vi 
all  thmg  .  vvUrn  recjnireft;  aadtU 
opposer<h  I .  . .  .\  1  [ t d  reiuac rs  to  |pis*  sniK 
eient  testimony  of  their  loyally  simI  «onssSEt 
as  af«>re!M»iil,  fn>ins:  ju«tly  to  Ite  repiiiad  saa. 
mies,  and  ont  iriends,  reWlsaod  Qotaiih|ec0i 
and,  by  the  same  laws  and  ordimiMiiiai  aitt* 
be  cut  oti  from  other  loyal,  oMienl,  Otm 
conforming  bulijectJi, 

*  Yet  true  it  is  and  of  rerity^  thai  yon,  iss 
manifest  contempt  of  those  laws,  iiions^ 
living^  under  n  prince  and  adiS4««((iii 
having  cast  ol  !  God,  tety  and  sw« 
g^iancetolhe  '  not  <»uly,  i  ^ 
the  word  of  <  all  I  aw  and  ' 
most  traitei'oufe. ,  ..:.,>  .ijtjuon-*!) 
lore  and  obedience  to  Icin^y  posse 
lonqp  time  hoino|oi;>ilin|r  wrth'  tlie 
of^^oac  rrbeliious  traitors,  andbh 
God  and  thr  liinjf,  jf)^^fnif  with  theca  ( 
wicked  r  v%mn^n^  oalhii^ 
but  an  li  I  <  >  and  ttnailiili 
hi«  majesty's  i^ubjtUs  i4  the  ea^lrafy  sfi* 
nlon  ;  hot  also  npenly  anti  aviowerffT  dtoa^a' 
uig  the  ktnflT  his  juKt  »ll.^  nA  i^ttfa* 
ment,  adheityl  to  the  c«  i*o<taf  saJ 
approving  rising  in  iiriii^  agwivsS  1^1 


]    STATE  TRIALS/33  Charlbs  II. 

uoe  pcrpetoalUe  vilb  bin  liyness,  in  pro- 
c,  IB  tymeoooiiDg'y  which  wai  proounced 


TTie  MBtenoe,"  iayi  Wodrow,  ««  was 
■ted  with  great  aolenraity,  and  severiry, 
jrfa  he  was  a  gentleman  of  good  descent, 
Dent  pnrta,  and  remarkable  piet^,  and  bis 
'  temMv  mangled,  and  he  dying  of  bis 
ads.  Aner  his  hands  were  cnt  oft,  which 
Bdufcd  with  great  firmness  and  patience, 
IS  drawn  up  to  the  top  of  the  gallows  with 

I  thoae  commtssionate  by  him,  and  refuse 
ny  for  the  king,  whereof,  and  of  the  other 
jnes  specified,  you  being  ibund  guilty  by 
■SHze,  you  and  ilk  one  of  you  ought  to  lie 
Mbed  with  forfeiture  of  life,  lands  and 
idi,  to  the  teiTor  of  others  who  commit  the 
ibcfcaflcr. 

Ifra  are  summoned  to  compear  before 
Unant  general  Drummond,  commissioner 
Jaslieiaryy  within  the  Toibooth  or  court 


I6ai.— 7m/  ofCargitt  and  otkerv.    [950 

a  pully,  and,  when  choaked  a  little,  let  down 
aliYc  within  the  hangman's  reach,  who  opened 
his  breast  with  a  knife,  and  pulleil  out  his  fieart, 
which  moved  uimni  the  scaffold.  Then  the 
executioner  stucK*  his  knife  in  it,  carried  it 
about  the  stage,  and  shewed  it  to  the  spcctOd- 
tors,  crying,  *  Here  is  the  heart  of  a  traitor.' 
And  then  the  rest  of  the  sentence  was  executed 
as  ahove.  This  barbarous  procedure  did  very 
much  discover  the  malicious  temper  of  his  per^ 
secutors,  and  imbittered  the  spirits  of  a  great 
mau}^."  See  the  Account  of  the  Execution  .of 
Harrison,  vol.  5,  p.  1237. 


*  place  of  Mauchlin,  this  fifth  of  May,  to  an- 
'  swer  toyour  indictment.' 

'<  We  ma^  be  sure  such  an  assize  wonlil 
bring  them  m  guilty,  and  they  are  sentenced 
to  be  hanged  at  the  town  end  of  Mauchlin, 
May  6th,  which  was  done  accordingly.  No 
coffins  were  allowed  them,  nor  dead  clothes ; 
but  the  soldiers  and  two  countrymen  made  an 
hole  in  the  earth  near  bv,  and  cast  them  all 
together  in  it."    2  Wodrow,  504. 


r.  Trial  of  Donald  Cargill,  Walter  Smith,  James  Bom, 
William  Thompson,  aud  William  Coothill,  for  Treason: 
33  Charles  II.  a.  d.  1681.  [Now  first  printed  from  the  Re- 
cords of  Justiciary  in  Edinburgh.] 


tt  JssnaARis,  S.  D.  N.  Recis  tenta  in 
no  Burgi  de  Edinburgli,  vi^csinio 
die  meiisis  Julii  1681,  iier  Nobilcm 
d  Poientem  Comitem  Gulielmum  Comi- 
tem  Queensberry,  Justiciarium  Grnera- 
IsBicthonorabiles  viros,  Ritchardum  Alait- 
Imdde  Duddop,  Justiciarie  Clenciim,Ro- 
boium  Domuium  de  Nairn,  Dominos  Jaco- 
loBi  Foulis  de  Colintoun,  Davidem  Balfour 
ieForret,  Davidem  Falcnner  de  Nou  ton,  et 
Rogenim  HogedeIIarcauss,Coniissiona- 
fioi  Josticiarise  dicti  S.  D.  N.  Regis. 

Curia  legitime  afiirmata. 

Intran 

c  Jkmald  Car^illf*  preacher, 
r.  Waitrr  Smithy  preacher. 

**  A  stcange  spirit  of  fury  had  broke  loose 
ntof  the  I'resbyterians,  called  CargjHites 
\me  Cargill  that  had  been  one  of  the  mi- 
ll of  Glas^w  in  the  former  times,  and 
then  very  little  considered,  but  now  was 
h  Mkweil,  to  the  p-cat  reproach  of  the  na- 
Tbeie  hdd  that  tlie  kin^  hud  lost  the 
(if  the  crown  by  his  breaking  the  Coyc> 
,  which  be  hail  sworn  at  his  coronation  : 
§f  Mid,  he  was  their  king  no  more :  and 
i  famsl  declaration  they  renounced  all 
iVMC  to  hinif  which  a  party  oft  hem  affixed 
■  •rOHoTDanfrds,  a  town  near  i\w  west 
■*•  The  guards  tell  upon  a  party  of  them, 
m  iktf  wnd  in  arms,  where  Cameron, 


Mr.  James  Boigie^  [hereafter  in  this  Record, 
flenominatcd  lioig,  which  appears  to  have  been 
his  pro)ier  name.]  preacher. 

Witliam  Thomsmiy  servant  in  Fresk. 

William  Coothill,  seaman  in  BoiTOstunoes, 
and  prisoner. 

X  £  are  indyted  and  accussed.  That  wher 
notwithstanding  from  the  law  of  God,  the  law 
of  nations,  and  the  municipal  law  of  this  king- 
dome,  and  the  allegcance  of  the  subjects  there* 
of,  ther  lye  great  oLli^tions  upon  them,  and 
you,  to  maintain  and  defend  the  ro^'all  and  so- 
vereigne  power,  and  authoritic  of  the  king's 
majestic ;  and  be  the  common  lawe,  the  law  of 
nations,  and  act  of  parliament  of  this  kiogdome, 
and  constant  practtrpic  thereof,  the  ryseing  of 
his  majesties  subjects,  or  any  uumber  of  tliero. 


one  of  their  furious  teacliers  (from  whom  they 
were  also  called  Camcronians)  was  killed  • 
but  Hackvton,  that  was  one  of  the  archbishop's 
murderers,  and  Cargill  were  taken.  [Crook- 
shank  observes,  that  bishop  Bumct  was  misin- 
formed in  saying  that  Mr.  Cargill  was  taken 
here.]  Ilackston,  when  brought  before  tho 
conned  would  not  oivn  tlicir  authoritv,  nor 
make  any  answer  to  their  (piestious.  lie  was 
so  low  by  reason  of  his  wounds,  that  it  was 
thought  he  would  die  in  the  (juestion  if  tor- 
tured: BO  he  was  in  a  very  siinimary  way 
comlemned  to  have  both  his  I'lands  cut  off,  and 
then  to  be  banged,  i^ll  this  he  suffeivd  with 
a  constancy  that  amayic  d  all  people :  he  soewed 
31 


851]    STATE  TRIALS,  3SCHAELEsU.l681.^7Wilaflki«tfflmr0lkrj^    [8Sf 


the  joyniiig  and  assenihleiDii^  togither  in 
wituout,  and  cootrair  to  his  nu^^estiea  roywHk 
command,  wanrand,  and  autbontie,  and  the 
abaiting',  assistingr,  reoepting^  intercomoning, 


and  keepiny  teiTOaiiwidauw  wilb  mmIi  vdbdK 
and  soppheia^  of  dwm  wkli  Wmt  of  mcb, 
hone,  moue^,  armea,  and  funiahing  IheM 
xWth  meat,  drink,  powdcr^ball,  are  moat  bar* 


to  be  all  the  while  as  in  an  enthasiaslical  rap- 
ture, and  insensible  of  what  was  done  to  him. 
H'hen  his  hands  were  cut  off,  he  asked,  like 
one  unconcerned,  if  his  feet  must  be  cut  off 
.likewise :  and  he  had  so  strongs  a  heart,  that 
ttotwithstaudinif  all  the  loss  of  blood  by  hia 
wounds,  and  tne  cuttings  off  his  handi,  yet 
when  he  was  hanged  up,  and  hia  heart  cut 
put,  it  continued  to  palpitate  some  time  afler 
it  was  on  the  hanffman'a  knife,  as  some  eye- 
witnesses assured  me.  Cargill,  and  many 
•tfiei-s  of  that  mad  sect,  both  men  and  women, 
•ufferad  with  an  obstinacy  that  was  ao  JpArti- 
4;u]ar,  tliat  though  the  duke  sent  the  offer  of 
pardon  to  them  on  the  acafibld,  if  ihey  wouhl 
only  say  God  bless  the  king,  it  was  retiised 
with  great  neglect:  one  of  them,  a  woman, 
aaid  very  calmly,  she  was  sure  God  would  not 
bless  him,  and  that  therefore  she  woukl  not 
take  God*s  name  in  vain :  another  said  more 
suUenlv,  that  she  would  not  worship  that  idol, 
nor  acknowledge  any  other  king  but  Christ : 
and  so  both  were  hanged.  About  fifteen  or 
■ixteen  died  under  this  delusion,  which  seemed 
in  be  a  sort  of  madness :  ibr  they  nerer  at- 
tempted any  thing againat  any  person;  only 
they  seemed  glad  to  suffer  for  their  opinions. 
The  Duke  stopt  that  prosecution,  and  a^^nted 
them  to  be  put  in  a  bouse  of  correction,  and  to 
be  kept  at  hard  h&bour."    1  Burnet,  511. 

Of  this  mitigatory  interposition  by  the  Dnkc, 
>Ir.  Laing  intimates  a  doubt:  *'  No  example,'^ 
says  he,  "  of  the  fact  exists :  on  the  contrary » 
executions  for  private  opiuion  continued  to 
nmltiply  during  his  whole  administration  and 
reign.  It  is  asserted,  too,  by  the  same  author, 
that  the  Duke  indiilgeil,  without  cmotinn,  in 
contemplating  the  torture  of  State  Prisoners  as 
a  curious  experiment,  while  other  conniiellors 
recoiled  from  the  scene ;  and  on  one  occasion, 
it  is  certain,  tliat  he  assisted,  from  choice,  when 
tSpreuU  (see  the  Case  in  this  VJume,  p.  735)^ 
was  twice  exposed  to  the  que&tiou  almost  with- 
out intermission."  Hist.  vol.  4,  p.  111.  ^!jee 
also  a  subsequent  Note  to  tlila  C-ase. 

Wodrow,  Book  3,  chap.  5,  sec.  4,  says: 

"Upon  the  last  year  [1680)  1  gare  sonii^ 
account  of  the  condemnutiou  and  execu- 
tion of  severals  of  Mr.  Camenm  and  Mr.  Cur- 
tfii*s  folio wei-s,  for  disowning  of  the  king,  and 
tearing  them  at  Field •  con vuiticles;  and  upon 
this  KLH^ion  1  shull  put  togi:ther  the  accounts  of 
near /wenty  more,  with  Mr.  Cargil  himself^ 
who  nuiVur  Jti  this  y  ear,  just  in  the  ordei-  of  iini<^ 
tliey  fell  out. 

**  Anil  \%licn  onti'ring  upon  this  ineluncboly 
subject,  1  cannot  but  regret  the  cunning  and 
unpr»:cedeuted  soierity  otthe  iicrseciitors,  with 
a  great  uiafiv  of  these  pe<iuie  u  ho  came  be- 
fore them.  It  is  certain,  the  managers  had 
mort;  to  say  in  iheir  own  difiBBce  u  to  the  trett- 


munsr  whw  mtmj  us  ■ 

rould  know,  tWhy 
poor  people  ondv- 
ofall&alwudoM 


ment  of  these  now  voder  ther  hnd,  tfau  io 
many  prooeases  before  and  afUr  this, 
persona  wore  taken  in  actual  veaialBnoc,  \ 
the  beck  of  a  tdad  of  declaration  of  war  I  _ 
theking;  then  the  prelalea  and  [WiaeciUni 
triomphed  in  the  nectisily  and  jnatico  of  cal> 
ling  tooB  mS,  and  yet  it  was  but  a  very  km 
wM  were  thus  taken,  two  or  three  at  Aub-bsi^ 
who  were  attacked,  and  obliged  to  deM 
themaelrea ;  but  the  grcatot  part  who  loflnd 
now  were  such  who  were  diBoorered  bylblk 
bribed  mfonMra,  and  alMged  to  lMsrcba«« 
iield-mcetinga ;  and  when  brought  balbrothw 
at  Edinburgh,  a  conlcarion  was  cxiorlii  W 
boots  and  thombkins  from  somo  of  tbea,«i 
the  rest,  when  brought  before  the  josliany, 
cooncil,  or  committeca  of  it, 
by  captious  qtiealMns,  uponi 
people  could  not  be  snpnosod  to  \ 
and  upon  their  answers  tney  were  i 
and  executed. 

**  True  it  is,  thev  did  disown  the  ldiw*SM- 
thority,  wherein  1  hare  alrtady  deem  la 
vindicate  them :  hut  the  reader  who  may  bet 
stranger  to  those  tines,  would  I 
ownmg  the  authority,  tiie  poor 
stood  a  vurtual  appnjbation  or  all  i 
by  the  king  since  his  restoration,  the  resdnA- 
ing  of  the  excellent  laws  and  cooilitiitiaB  ft 
once  enjoyed  in  Scotland^  and  the  sersnthi 
against,  and  the  persecution  of  the  peofAs  if 
God  following  tliereupon.  And  this  was  ialhi 
poor  country  women  and  men  now  pnttodetfh, 
a  matter  of  ouinion  and  conscience  misinftwMd 
indeed  by  the  unwarrantalde  ez^resBDW  if 
Kome  who  were  soured  by  the  rupdity  of  the 
times,  and,  it  may  l)e,  likewise  by  aono  oa- 
guarded  expressions  they  might  hare  bend  ri 
some  sermons  in  the  (ielSs  since  Bothwel;  hft 
then  it  is  certahi,  this  waa  such  a  misiaftms- 
(inn  and  ignoram^  offsets,  as  they  could  tents 
ever  be  brought  from  under ;  and  indeed,  ci- 
crnt  in  an  instance  or  two,  no  care  was  tikes  W 
inform  them,  hut  they  were  hurried  from  tin 
liuncil  to  the  justiciary,  from  tliem  to  lbs  yii- 
son,  and  in  a  few  hours  into  etcruiiy. 

''Mean  while  the govenunent  conMbeii 
DO  manner  of  hazard  fnim  a  handftil  of  thsiP 
people,  and  if  any  thing  of  this  nature  esali 
breed  disturbance,  it  was  the  barbarouaoHis- 
metiesthcv  ran  to  with  such  of  them  si  M 
into  ilifir  hands:  but  it  was  easy  to  have  l^ 
cured  tlie  peace  against  ten  times  their  noiiWi 
by  gentler  methods,  than  butchering  so  oMf 
scores  of  otherwise  serious  and  religioni  p0» 
sons;  this  with  many  other  nnaoconotw 
measures,  now  taken,"  did  rery  muoh  kmm 
the  king,  sully  bis  reign,  and  made  the  admir 
nistratiou  burdensome  and  giieropa  to  wA 
tudes  of  his  best  sulgects. 

^^  Sometimes  indeed  the  cooncil  in  iheir  gMi 
mood,  would  offer  th»  eounti/  pjeopleiWi 


89S] 


STATE  TRIALS,  ^^  Charles  U.'tS^U'^for  T^eanm. 


[85* 


rid«  hyflouif  and  nbomiosble  erytnes  of  r«M- 

Mh\e  with  forliuhape  of  Fy^,  lands,   h^RitAM, 
mmd  e«clj«at  •f  tUer  movthles,  and  hj  ilie  Irit 

ltl«,  u^i04i  aeknowleUi^inentii  m»4  declarftljoiifi^ 
itliiob  U  first  view  oeeni  ▼erv  low  mmI  rcAsctn- 
*ble  ;  iHit  if  uarr<»w)y  coMiiHirei^  \h&*ti  were 
impreiiable  by  tbe  paople  to  wtou  iLey  w«re 
QW0,  is  thdr  present  ctrcfitintmiiees^  niu)  under 
ti«  u^taking  of  aiau^rs  wim  li  lliey  biii  i  and 
|.  IMiat  ol»6orve,  thai  jt  was  only  to  the  ifttriiMsr 
^  i^orsQt  sort  such  uneti  were  miJe^ 
tander  lli«  pro6|»ect  they  wutiM  ooi  tie 
Hi  liiice  the  gense  the  [leople  took  the 
I  iw,  did  import  a  rewsding^ 
ring  wttoeas  agtiMst  the  evil  ol'  the 
rea,  aoost  ef  them  did  ihiak  tlie  acccp- 
Be  managers  proji^^sgls  included  aa  ap- 
i  of  what  ihey  b^J  heen,  atid  were  at 
ling.  In  sbort,  the  cruelty  the  9ul' 
larked  in  one  prooesy  &Ker  aaother, 
hole  conduct  of  this  time,  and  Ihe 
tfetchca  and  eunnin^^  uat-d  to  carry 
i4ieir  fe^,  made  them  jealous  of  every 
j;  pro|H^f4«d ;  aud  their  warru  Keal  for^  and  lore 
CD  the  truth,  the  «uiaU  prospect  they  had  of  any 
esid  to  tiHir  diiilj  cnarea  aod  troubleft,  together 
wUh  a  g4^erous  kiod  of  tadium  vUg^  in  such  a 
itkkfid  age  2s  this,  did  prevail  witti  them  to 
fliaiid  oin.  And  all  these  aoine  way  heightened 
the  wickedness  of  the  managers^  in  putting 
them  to  dMtbi  of  which  I  cotiie  now  to  give 
mum  ac«ouiit. 
M  f^  inatance  of  the  trial  and  exectttitm  of 
I  tw^fmof  women*  with  which  this  year  bcgiuf, 
I  iiSQWiiing  proof  of  the  iniquity  of  thit  period. 
^  l^poothe  nih  of  January,  [  find  Imhd  Alison, 
I  •  JlittC  tttunarried  woman,  who  Uve«l  in  Perth, 
Harvey,  a  servant  intud  in  Uorrow- 
s,  where  M>a]etiuies  Mr.  Cargil  haunt- 
HI,  ilaged  for  their  Ywes  before  i  lie  justiciary. 
Tbti  la  an  evidejiceof  what  was  jti6t  now  said. 
Wh^  hazard  could  tlie  gov^'rument  he  under 
fNaa  iWQ  such  persons,  a^^tADiat  whucn  nothing 
eonkl  be  adduced  but  their  oijiniouM,  which  they 
hftd  tiketi  Up  from  the  severities  nf  the  clerg^y 
it  Perth,  as  the  lirst  owned,  and  the  viidi^nce  of 
ibipoldiarai'  Their  private  «entimeiiU,  (  am 
I  ptniwaiM,  GDidd  have  a  very  auialt  ijiHu^m'e, 
isd  would  acai'ce  ever  have  been  i»oticed,  hcid 
not  the  severity  of  the  manatrers  brought  tiiem 
Qgioo  the  itage,  evidently  to  their  own  reproach 
Mdahame. 

^  Their  interrogatariefi  and  8i>6eclte9  are 
pmied  in  the  C'loud  of  VVitncuses,  and  1  sliall 
gi^mhmt  of  their  tnxil  befocvlbe  criminal 
CMVt,  from  the  records^  if  once  I  had  iM^iced 
m  few  things  Goncerning  them  tfid  iheir  treat- 
naoit  befare  the  council, 

w  Ifobd  Albon  lived  vefy  nrivajtely  in  the 
Uma  ofFenhi  and  waaof  a  saber  and  rdigioiis 
omfiKlioni  the  had  now  and  then  heard 
Mr.  C^npl  fMtch  in  the  fieUa,  and  mm^  few 
•lh«n  hmm  Btthvsl,  bui  loi  wy  uilt^,  Aehl- 
w  twlipclet  ntl  bcMg  eommtm  m  that  country* 
IJ^Ht  her  DttikiotifonuUy  at  Pirtl),  aad  apeak- 


aist  IB  pariittnent,  king  James  6,  the  egtntee  of 
perltament  faithful  He  promise,  perpetual  lie  to 
obey,  mealawe,  and  defend  the  prerogative 
myall,  of  his  sacv«d  majestie,  his  airs  and  sdc* 


m^  against  the  aeveritv  used  upon  aome  ie« 
Ijgiuus  people  them,  she  was  seized,  and  ne-* 
tmng  ebe  could  be  laid  to  her  charge,  till  ahe 
WHS  brought  belbre  some  of  the  magiatrateip 
aod  in  her  simplicity  ▼olimta.riiy  contest  eon* 
terse  with  some  who  had  been  i&clared  rebels. 
Hlien  tiie  aoaBagers  are  informed  of  this  a 
party  of  aoKliecs  seize  her,  living  peaceably lin 
her  okamber  at  Perth,  and  carry  lier  into 
Edinburgh.  Whe»she  is  brou^lit  before  th« 
coMDcil,  the  interrogntonen  were  invidiyns  and 
enknano^,  and  knowing  they  had  no  probation 
hut  from  what  was  ehcite  from  her,  they^ 
essayed  sometin>cs  by  commcndatioDS  and 
iMrofDisea,  and  sometimes  by  threats,  to  briitg 
her  toconfesi  atie  had  converved  with  Rathilety 
Ballbar,  and  the  two  Hendersons,  said  to  be 
coneerned  in  the  primate^a  death;  and  whc« 
aofoe  very  trivial  tilings  were  owned  by  b«r« 
they  jested  her,  and  acted  the  bufihon  mher 
than  privy  coonsellers,  as  may  he  seen  ia  their 
iuterrogatories. 

^*  Parian  Harvey  was  taken  up  In  the  rood^ 
when  going  to  aeme  aennon  or  other,  and  wae 
soon  ensnared  by  tlie  questiona  pot  to  her. 
Shu  was  scarce  twenty  yean  when  brought 
into  Edrnburgb,  and  sisted  before  l)»e  couocil. 
They  had  nothing  tu  lay  to  her  charge  but- 
what  she  owned,  to  wit.lier  being  at  field  eon- 
venticles. 
declaration, 
knew  nothing  about  ( 

to  en^^aare  her,  she  aatd  she  owne^  tbeift,  be* 
caitseabethon^ht  them  agreeable  to  the  scrip* 
tares.  Mome  of  the  oounsellers  told  her,  A 
rock,  a  cod,  and  bobbins,  would  set  her  better' 
than  these  debates,  and  yet  they  cast  them  up 
to  her,  and  murder  her  upon  them :  and  by 
the  way  it  may  be  noticed,  that  the  biahopa 
were  the  great  pruposem  of  questions  to  these 
poor  }>eop1e,  which  helped  to  cxaisperate  thcnav. 
especially  when  urged  to  give  them  their 
titles,  they  looking  un  them  as  at  bottom  of  all  ' 
their  persecurion. 

'^  At^er  they  were  examined  before  the  oouti«. 
cil,  they  are  brought  before  the  crinttnal  court. 
This  was  tlie  curistaut  pnictice  at  thiti  Lime,  the*  t 
one  day  to  bring  siidi  us   fell  mto   tlieir  hand. 
before  the  council,  and  there  engage  thfm 
by  captious  questions  into  a  confession  of  stft« 
tiitory  crimes,  sikI  next  day  to   paonal  thent 
before  the  justiciary,  where,    if  they   were 
silent,  they  were  asked  if  they  would  quit  the, 
testimony  they  had  fi^iven  yesterday.     Both  of  - 
tbem  were  indicted  for  heacing  at  tield  con  veil* 
tides,  harbouring  Messrs.  Cargil,    Cameroi^. 
Oougbw,  and  Welsh,  ibr  owning  Ruglend  «ed 
Sampihar  declaratiouii,  Queettsferry  cevenaoti' 
and    tteaeoiiahle    opinions.       For    prohation^* 
their  ooofesatoD  before  the  oouncil  is  adduced* 
Uobel   AlisoQ,    being    interrogate  on  sererml 
heads  bdiM-e  the  teaise^  ioaweccd,  she   wtt 


)wneo,  to  wu.ner  ering  aioeia  roif 

When  interrogate  aa  lo  Sanqtihar 

Q,  and  the  Queensferry  pftper,  ibt( 

ling  about  them,  bet  beiog  rteed  to  her. 


» 


855]    STATE  TRIALS,  3.1  Charles  II*  l68l.— TrW  ^fCurgiH mmi  oiktn,   [6 

erawrs.  and  pfivileii|^  of  \m  bj^nes  crown,    triiifoti  for  the  sabjecte  ^flliit  re^laip^  «r  i 

'         '     ^-^^  Im?  the 
lie's  tir^t 

not  ohit^ed  to  iiusvf  er,  lor  she  did  not  look 
Mm  ll»em  as  judgts,  ilediued  ther  uith<i- 
y,  mid  itie  l«in>f'H,  by  wlmta  thry  sat  there, 
tc'^auie  they  cany  the  sword  a«fnin»st  the  Loni 
In  thdr  iiiterrvi^toi  its  tlicy  t^umv,  and  ^^ 
Bd  ftc^t  like  ]teT>i»Q2i  thit-)iiia<v'  n(cer  blurjdf  who 
n|r<s  he-  shaU  be  ifnillv.  Shedwiicd  coutcTse 
tv  "    '      'V  '  ■  ,  ile*s 

r  tiori^ 

Slid    I'iMUi    ::i     lOUMi.   i^linni     siK»K<'     <il     lilM     J>  "^'^^'t 

.  Aoii  Qut^iiKtcsTV  covtnnnt^  i^heu  reud  to  her, 
befati^L',  she  yajil,  she  s>f^v  mifiiiMji^  in  them 
iijrjttinsi  the  Iid»le,  and  refused  to  si*»"ii.  Marian 
lim  vey*  befort  the  justiciary,  rt»*ii!i  tli*^  t'ouilh 
liriuMfor  the  Uuee«i!*terry  paiier,  di^wiis  the 
kiritr's  atitboiity,  abides  by  the  Saiiqidiur  De- 
ctiintt.:oii,  s«y8«  it  was  bwtul  to  kill  llie  arch- 
bishop  ol  St,  Andrews,  when  the  Lord  raised 
up  iri!^trn(iunts  for  that  effect ^  adding,  he  was 
as  inistTiiljle  otul  penured  a  wretch  as  ever  be- 
trayetl  tlie  church  ;  blesses  God  she  heanl  ser- 
mons in  the  fieltls,  and  approTcs  of  Mr,  Car- 
ps!' '  11.  She  refuse*  to  sig^ 
V  'I  protests  ihey  ha^i  no- 
tl  it,  itr ,  i\ti.\T^\\  hut  her  opintun, 
»i                  Christ  nnif  his  ju  rw^oiiifd  tniUii. 

.i. .,  ihi?  aiuijce  was  sworn^  U  wa:*  <>b- 
aerteil  that  some  of  them  trenib!fd  nnd  w*>tjKJ 
not  a VI  ear,  thin  proiM^as  a^^uini^^t  two  womeu 
beint;  c%ery  way  extraorffinary :  howercr  they 
(pot  as  many  as  served  their  purpoKP.  The 
two  c«tnfpssions,  as  wHt  by  the  cleik,  were 
read  to  thf  iivpifut,  iinil,  ina  discourse  lu  thetti, 
thetrli  --iivated  every  pa rticniai%  and 

eiii)ea\  ovo  ihcm  »?iiihy  o*  treason. 

Nome  fit  til     t)*-*<ii^t»  II  ■     '    was  no  fact 

proven  a^faiiiHt  them,  ifj  nfit*<i»ned 

their  c*iofe!>&ioi»3.  Tin-  ip^v/rjie  arnxfcreff, 
what  they  tmd  siiiJ  was  trt^ison,  ami  chargjed 
thejn  to  .vet  Recording  to  law,  othciuise  he 
kirrw  what  to  do.  Tne  n«si/,c  fioil  ihcm  hoth 
gt\ihy  of  treason  by  Iheirown  contession,  *rhe 
firtinouurini^  liieir  5oam  is  dtlaycii  till  Januury 
21,  wlicu  tlK-y  iifL"  both  sentenced  to  be  bunged 
in  tl*e  OnisjK-innrkct  npon  ttie  *26lh  instant. 

*<  I  ttmt  the  cOnueil  allow  l^rea^b^^temn  mt- 
n(»tcn«  to  cimvei-*te  with  these  two  women  ; 
ti'int  to  rub  oft*  the  odiuiik 
1  licit  <hd  not  wi  tilt  r.fler 
t,  ttiev  could  have  no 
bfnk^ftl  to  tite  wonun 
-  ronvcniJition,  the  nii- 
■  u.  V  l*>  thcni  bccaufiii  s*-'nt 
hy  the  caunnL  anil  icusonins^  could  have  but 
vt»ry  little  inrlnent-e  in  thrir  circumstances,  and 
lj|)ini  siilijtTiN  ftlktve  lUeircapaeity. 

*'  Thf-se  two  young-  women  were  executed 
U|Mn  the  'idth,  acc'»riliui(  to  their  sentf^ncc. 
The  f -loud  of  \\  iuie^si?H  narrates  a  passage, 
ithich,  if  it  be  YOuc)*tjiJ^  givts  an  odd  idesi  of 
Uabop  I'literson,  and  i«  not  diiBgreeabJe  to  the 
opiitton  n«t  a  lew  had  of  hhn  at  this  tune,  in  a 


hut  thi« 

wns  only 

(I 

ot 

th' 

r^ 

\^ ' 

llii^ii.  .  n 

Tt-H           1,IIJ.| 

»■ 

Dumber  of  tbein,  more  or  lette,  'aym 
ip-ound  or  }>i  ete)ci  whatnoTeri  f»  f7ae,  or  f 
tiuae  in  amies,  to  tnake  (kcttceor  urare,  or  i 

matt  of  a  H^htand  profane  irmrwr.     Jii-l  fi!k?i 

they  were  g^«'inij  out  to  ih' 

probably  in  the  laigh   c«»i> 

maletattors   used    ti)    flti    to  < 

bt^hop  came  in  and  «nid   to   1S\ 

yon  wotild  ne%er  hear  a  en  rate,  tiu^ 

hear  one  prny  hrfore  you  die,  niuJ  • 

who  "  '         /pray*     TT 

thn>,  ti|d  not  rttt 

said  tu  lilt'  uiHC'j^  i  M        V  '    ■ 

Psftim,  which  they  •' 

bishop "ii  ourute,  empl-j , , 

vex  tnese  poor  people,     1 

were  executed  with  some  i 

women  guilty  of  mnrdcring  ti 

dreoi    and    other   vilhiniev,  u  I : 

grievouB  to  the«e  two.    One  oi 

ministers  of  the  town »  who   w^ 

others  on  theacafFold,  r^ileil  hittuU 

sufferers,  and  assured  them  ttiey  '*' 

msd  to  danmaiion »  w  hile  be|  w  i  < 

dente   i>f  penitence,    waa  aeti' 

wicked  wretches  straififht  to  Hr 

Isobel   .4li^iun   and  !ktdrtau  H^j 

conirnovf  d,  Init  sany^  iMime  ^uiLt-M.- 

the  ^icatftdd,  »nd  proyed^   and  died  with  i 

com  po  y  ur e  and  joy . 

**  In  SXvitvh  I  mcH  with  a  new  pme^aa i 
some  nicJio  of  ti»e  [)eop1e  who  adhfprd  to  Mf, 
Cnrgl!.     I  need  only  ijife  a  lew  hints  fnm 
the  records,  the  coui^e  now  with  all  of  then 
being'  much    the   niime,     Tpon    the  2nd  of 
March,  John   Mutray  of  llorrf»tounne«st,  « 
iudiotcd  of  ireasoQ  in  common  form«     Tlio  id* 
vocatc  now  ^!Te»   himself  nO  ftirthar  Irtiab^ 
than  to  adduce  the  confessions    v     '    '      ' 
pcrJionsi  xvh*  n  examin»  tl  bclore 
presence  of  the  ju.^ri      '      " 
fhey  are  e\;iniined  »!i, 

the  confrfi^ions  are  *...>  ,.-,.  .^.  ,,,,_  .tj,^.,.,^ 
who  brinjjf  them  in  t^tiiUy  by  ih*ir  own  coB* 
fr  slnn  lod  so  tley  tire  stnieucrd,  In  John 
<  ase,  he*  had  confest  he  wa*  al  tW 
•  I'  at  Torwood  with  arms;  and  in* 

deed  Mr  Carj^d's followers  beinij  djiily  huotrd 
for,  were  obht»ed  to  carry  armj*   wiih   \hafi 
wherever  they  went,  for  their  own 
When  be  is  mterm^alef  if  be  owns  ... 

authority,  he  aDSWiiis,  he  owns  nil  tUi^i  i 
God,  anil  to  be  ofinetl,  und  adih,  that 
the  king  ohfterved  the  co\< 
God,  but  Jsincc  be  has  hi 
not  what  to  SAV.     As  to  i1 
iler,  be  ^ays,  it  they  wcff 
cute  jud;^niieut  on   him,   Si 
tlieui  i;Mr  their  action:^.     He 
ht9  confei>-sI*»n,   htit  ri^f*u<;f"s  to 
having"  a  pnni* 

vennntand  Sani,  ,  i 

consider  on,  aftt-i  -x 

♦*  The  same  d:jy  <  i 
in  Gorgonuucki  \a  inditi4jd  o^  abovo^  hii  i 


STATE  TRIALS,  33  Charles  H,  ififil  — /or  Trtaion. 


\m 


^W  in! 


or  letfaes  ivith  foraig^ne  pnDf.e«,  or 

eft,   or  bmofi^t  tliemselves,   uitlir>iit  bis 

ie^s  spectalT  author  it  ic  and  approbation » 

interpKieil  ll»erelo  ;  and  aH  his  majestie** 


99imiim  Wore  the  council  is  atlduced*  where  he 
•ckliowlal^^es  he  wjus  in  ajrtna   at   Bothwel* 
brid^,  and  thinks  he  may   la^rfully   i-ine  in 
aims  agvifist  the  kinj^for  ihr  CorenuRt;  de- 
^U^d  he  cannot  vtrite      Before  the  rentofing 
^^■Ke  assize,  the  advocate  tlir<?attrns  them  (n« 
^■hedoe^s  uow)  with  an  asiize  of  eiTer.  They 
'  Mngf  both  in  g^niity  by  their  own  confession  \ 
1  the  court  sentences  both  to   \m  han^d  in 
Grass- market  ujwn  the  11th  instant. 
Upon  the8ih  oFMarcli,  Hillitim  Goagar 
vfitoiinneas,  and    Robert  Sangster  a 
llilve'  manv    are    indicted,    afl   above, 
he  justiciary.     Tlie  probation  is  their 
Tire  finrt  ucknowledp^^s  he  was  ut 
vel*hrtilge^  and  refuseii  to  take  the  bund  ; 
I  he  was  at  Tor- wood,  and  owns  Mr.  Car- 
]  excommunir^tion,  and  says,  he  lhii»ks   it 
1  to  kill  the  king'^  servaiits,  iieciitise  tiiey 
eeoerniei)  to  Christ ;  owns  the  Sanqnluir  and 
iilferry  p«iper» ;    and    refuses    to   siirn. 
Sangsler  owui    Uotliwel    risini?,  and 
b wood excom mil nicar ion,  as  lawful,  disowns 
*■'«  authority,  aiiys,  it  is  lawful  to  kill 
d  the  judire$,  in  as  far  as    they  are 
nut  God,  and   adds,  he  thinks  they  are 
Tat  enemies.      He  refuses  to   si^n.     The 
'  l>rinjr  in  both  guilty,  and  Ibcy  ar«  sen- 
1 10  be  hauled  at  the  gi'iiss' market,  tlie 
1  instixjit. 
►lin  Murray,  June  9,  is  recommendeil  by 
unci!   lc»  ifjc  kind's  demeiicy,  a*!  In^uig 
'  mistetl  than  malicious.     The* other  ihreiJ 
'  executed.     William  Gou^ar  had  a  short 
iii  hi-H  bible,  wliirh  he  designed  to  have 
tefed   as    his  speech  to    the  ftpeitat^irs  ; 
Titbt;that  which  is  printtil,  and  goes 
'  hiH  namCf  J  know  not ;  for  \  find  it  re- 
1  at  \\\\s  time,  that  Gib  and  hi*  foHowers, 
put    some    well-meaning    prisontrs    to 
}  they  would  not  othei'wlse  have  sfone 
k]porrnptcd  anil  mude  aJditioiL>i  to  papers 
W^wi  under  their  name.     This  paper,  it 
"til  mUv  the  hand«i  ofsonie  of  the  sol- 
he  bidder- r>ot,  and  t^'oriigt'd  tticm,  and 
hem  treat  him   very  han*hly.     They 
I  hw  hands  very  strait  Ijcforc  he'  went  op 
I  tadder,  and  when  gone  up»  and  bei;innitiqf 
pe.tk,  the  dnimn  were  rumLd,  and   he  v\as 
I  otr  the  ladder,  without  time  ko  much  as 
l^pmy:  such  was  their  barbarity  upon  the 
kM  pttfTucatioD, 

**  Atvotber  proces?  is  intcnted  beforelh«  jua- 
tieinry,  July  11,  acfain^t  three  coniktry  people 
ID  FiK%  Adam  Philip,  Ijiwrence  Hay  a  wea- 
ver, and  Andrew  Pitttl)oi!h  land -labourer. 
t\ktf^  was  no  act  o4^  rebellion,  nor  field-con- 
^ntides  atlcdged  against  them.  These  three 
Ind  jojfied  in  a  society  for  prayer  and  con- 
tlteooe  in  Fife,  w  hen  tney  had  not  the  gospel 
mtebed  lo  them  by  any  they  could  hear. 
Tbeir  fockly^  in  /uii«  fait,  had  agreed  to^ 


lie<lg«  are  discharged  npon  any  pretext  what* 
»oe*er,  io  attempt  i^ny  of  these  things,  under 
the  pain  of  treason,  and  be  the  scTinlh  act  of  the 
first  seaaion  of  hia  majestie'a  first  pari  lament ; 

and  signed  a  paper,  which  they  called  A  Testi- 
mony aj^ainsi  the  Evils  of  the  Times:  whether 
thev  piiblishrHl  it,  or  how  it  came  into  the  handi 
oftae  manap^ers,  1  hare  no  account,  but  1  find 
them  indicted  for  publishing  nn  in  famous 
paper,  the  1  llh  of  June  list,  called  by  them  the 
sixth  month,  disowning  the  king  and  all  the 
tninisters  of  this  church*  excepting  Mr.  Donald 
Cargil.  The  paper  whs  prinluced,  and  they 
acknowledjjcd  they  had  sicrned  it.  They  are 
found  guilty,  and  sentenced  to  be  htini^cd  at 
the  Grass- market,  apon  the  13lh  instant,  and 
their  heads  to  be  severed  from  their  boily,  and 
affixed  to  the  Ttdhvoih  t»f  Cowpar.  The  last 
two  of  them  ai*e  named  in  the  Clo'id  of  Wit* 
nesfes,  and  their  speech  or  testimony  act 
down.  I  know  no  further  about  them.  The 
paper,  by  the  citations  from  it  in  their  process, 
»H  very  wild,  and  scorns  to  smell  of  Gib  aod 
\m  delUMnns. 

•*  I  come  now  to  gfivc  some  account  of  the 
trial  of  Mr.  Donald  Car^il,  and  four  others 
With  him,  who  were  executed  the  2 7 lb  of  Jufy, 
tlic  day  before  the  mcetini|:  of  tmrliamcnt,  this 
year*  It  hath  been  notirctl  in  lli«?  fornaer  part 
of  tills  history  ,  that  it  was  not  unusual  to  grace 
that  solemnity  with  the  excctUion  of  some  of 
thtr  pei'secntcd  party* 

*^  We  have  alrraifv  licard  much  of  Mr  Car^il, 
and  I  shall  not  otfeV  here  any  accotmt  of  this 
ijood  man,  and  successful  preacher  of  the 
^n«pel.  It  is  but  a  hint  ur  two  at  matters  of 
Sict  concemin:^  him  that  I  can  ^vp,  leavtn;^ 
therimlication  of  several  sinj^nlar  and  pecufiar 
stepK  he  took,  towards  the  end  of  his  niini^try, 
to  sueh  w  ho  approve  all  that  he  did.  Th«re 
were  not  a  few  remarkable  steps  ot  provi(V>noc 
in  his  call  unto^  and  Kettlement  in  the  pari&h  of 
the  barony  of  Gfasgxiw,  some  time  before  the 
restoration,  which  l»eiiic'  out  of  my  road  here, 
J  paas  with  a  regret,  that  none  have  been  at 
pains  to  collect  and  publish  a  well  attested  ac- 
count of  remarkable  providences  towards  mi- 
nistcra  and  Christians  in  the  Church  of  Scot- 
land, since  our  retbrraation  from  Popery, 
Many  likewise  were  bis  wondcriul  preserva- 
tions in  lili  wandering?'  and  suffering's,  since 
the  turning  out  of  the  body  of  Pres>b)tenan 
ministers,  and  under  the  particular  spite  and 
malice  es:erci«ed  a^^ainst  him  ;  of  which,  with 
those  of  othen»in  this  period,  had  I  goo<l  attes- 
tationa,  I  would  reckon  a  collection  of  tbem 
would  be  a  very  agreeable  and  useful  appen« 
dage  to  this  work. 
1  »*  Mr.  CargiPs  sufTerings  are  what  1  am 
I  now  concerned  in.  We  have  almdy  heard, 
I  be  was,  for  his  freedom  in  his  sermons,  alter 
J  the  kiojr'^  restoration,  aud  refusing'  to  aolem- 
I  nize  the  anniversary  day  appointed  by  parlia^ 
tnent,  particularly  the  object  of  the  persecntors 
rage,  and  continued  under  many  and  tnex* 
prcatibte  di£cultie»  till  ailer  Bothw^.    The 


FDiN'nuROH,  July  15,  1681. 
'*  Mr.  Donald  Cai^l,  being  interroj^tc  if  ha 
OH  OS  tlie  Lilly's  authority,  and  the  kiiig  ms  hit 
lawful  priuce^aaswors,  as  the  uM^piitraftes  au« 


of  his  majertie's  first  pariiaant;  k  is 
statutaad  ordained,  that  if  aay  fiansn  or  per* 
sons,  shall  herefter  phUI,  oaninf e,  or  mtsady 
death,  or  desknictioD,  or  any  vatraiat  upon  hii 


tliority  is  now  established  by  the  aot  of  ptr- 
liameat  aocnt  supremacy,  and  expfauiatoiy  act, 
denies  the  same.    Ykmg  again  iDlerrijgali^ 
if  he  owns  the  k\u%  as  his  lawful  priaoa,  ircssv 
no,  he  refuses  to  give  any  other  answer  tbaaai 
aforesaid  ;  confesses,  that  in  Oolober  JOSO^  hs 
preached  in  the  fields  in  Torwood. 
tcrrogate,  if  he  excoouinicated  the  Jong  I 
answered.  That  being  merely  a  4 
an  ecclesiastical  matter,  he  oaasot  answer  il 
before  the  council,  being  a  civil  judic^lHy; 
and  thst  hewasoontent  privately  to  give  si  8^ 
count  of  all  the  reasons  of  all  his  < 


STATE  TRIALS^  S3  CuAELttlLlfiSi^TiWo/Cb^Mtfalikrf,    [MB 

the  late  Sokmne  League  and  Covenant,  or  any 
other  covenant,  or  publict  joath,  is  diachairged, 
tu  be  taken  by  any  of  his  muestie's  snigects, 
upon  ther  highest  perriU,  and  be  the  2d  act,  Sd 

measures  he  took  afler  that,  at  Queenaferry 
and  TorvvooJ,  have  been  narrated,  and  it  is 
evident  the  government  via^  particularly  im- 
bitterad  against  him  by  these  steps.  No  sooner 
were  any  notices  gut  uf  his  beiag  in  a  (dace, 
but  presently  all  tlie  soldiers  round  were  in 
arms,  and  searched  all  tlie  country  about  for 
him.  Upon  the  5th  of  3Iay  this  year,  he  kept 
a  tast  m  the  fields,  near  Lowdon-bill :  the  scu- 
diers  at  Glasgow  getting  notice  of  this,  inune- 
diately  seizcu  all  the  horses  ia  town,  and  about 
it,  and  mounted  in  quest  of  him  ;  but  he  got 
off  at  this  time :  yea,  such  was  their  haste 
and  fury,  that  one  of  them  who  happened  to 
lie  behind  the  rest,  and  furiously  riding  down 
tlie  street  called  theStockwell,  in  tlic  middle  of 
tlie  day,  rode  over  a  cliild,  and  killed  her  in 
the  spot. 

"  llowevrr,  Mr.  Cargil  c.4ca])€d  them  not 
much  longer.  The  circumstunces  or  place  of 
his  seizing  1  have  not ;  but  I  find,  May  1,5, 
next  year,  Jainei  Irviu  of  Uouaihaw  pctltioxis 
the  council,  for  the  reward  iiruniised  in  their 
provlaniution,  fur  hik  taking  Mr.  Cai^'^  ^"*^  i* 
recommended  tn  the  ti-easurv  :  and  some  tune, 
July  this  year,  Mr.  C.'ars^iiwas  broucrht  into 
Gla»i;ow  by  a  party  of  Mildiers,  in  gn*at  tri- 
umph, ami  put  iu  the  guard -house  there. 
Multitudrs  cninc  iu  to  ga/.o  upon  him,  and 
among  others,  one  John  Nishet,  an  hater  of 
godlinc-^  and  the  uuL}  nlitrious,  a  besotted 
drunkard,  and  mocker  at  piety,  and  at  present 
the  airh-liisiiup'^  factor :  'fhis  profli|^te 
ivrilch  addressed  himself  to  Mr.  Cargil  in  a 
way  of  mocking,  and  said,  Mr.  Donald,  will 
you  give  us  one  word  more?  alludiug  to  an 
expression  Mr.  Carcfil  "i^  in  liis  i^athetical 
serious  way  of  preaching.  Mr.  Cargil  looked 
€»ri  him  a'llttle  \^ith  regret  and  sorrow,  and 
theu  aildressed  him  thus.  Mock  not,  lest 
>our  banils  be  made  btrong  ;  the  day  is  com- 
ing when  you  shall  not  havo  one  word  to 
kiiy  though  you  would.  This  came  very 
shurily  Ui  pass  ;  not  many  days  ailcr,  the 
l.ord  was  piouNod  to  l:i y  his  hand  upon  that  ill 
man :  at  Gbs;;ovv  where  h('  lived,  he  fell 
siiildiuly  ill,  and  tor  thive  days  bis  tongue 
swclUd*;  and  ihou^fh  he  ^«.(;ine€[  vi>ry  earnest 
tO'*|>rak,  vrt  he  could  not  command  one  word, 
and  ilitMl  in  great  uinneut,  ami  seeming  ter- 
ror. Miome  yet  alive  know  the  trutli  of  this 
pas8S|j;e. 

"  From  Glasgow,  Mr.  C'argil  was  carried  in 
to  Kdiiiburt;Ii,  uhcrf,  Jidy  15, 1  find  him  ex- 
amined before  the  council,  and  his  (/onfcs&ion 
theu,  in  aiuiwer  to  his  Interrogatories,  1  ^t 
down  frutn  the  recui  dn. 


taons  that  ever  he  maile  or  pronouaoed ;  hm% 
pressed  to  a  direct  answer,  refiMes  to  mb 
any  further  answer.  Being  interrogate,  wba 
he  saw  any  of  those  who  killed  the  aich- 
bishop,  or  if  he  khew  any  thing  of  the  is- 
tentiou  of  it  before  it  was  done,  dedares  he  kosir 
nothing  of  the  intention  before  it  was  daai ; 
c(>nfi>sses  lie  knew  Balfour,  Ilendersea^  ssd 
Hussel,  but  thinks  he  did  not  see  Bdftar 
these  two  years,  but  did  see  the  other  two  witb- 
in  these  twelve  months,  or  tberby,  to  the  tart 
of  his  knowledge.  The  copy  of  the  scraoi 
alledged  to  Iwve  been  by  him  preached  st  Tor- 
wood,  being  produced,  aad  he  asked  if  thst 
was  tlie  copy  thereof,  desires  a  time  lo  i 
dcr  thereof  before  he  answer.  Being  ini 
gate,  if  he  thinks  the  rising  at  Bothwel-bri4gl 
was  a  rebellion  against  the  king  and  his  sn- 
thority,  declares  he  owns  dclensiie  anns  ii 
case  of  necessity,  and  thinks  these  who  roie  SI 
Dothwel  were  not  rebells,  and  thinks  they 


were  oppressed,  and  rose  in  their  own  ddsaoiL 
Being  uiterrogate,  if  he  was  with  those  vbi 
were  in  arras  at  Airs- moss,  refuses  to  answv, 
and  <lc6ires  it  may  be  made  out  against  \m* 
The  same  answer  as  to  Bothwel-Mfpii 
Being  inicn'ogate,  if  he  was  at  the 


the  pa|M.T  at  Sanquhar,  denies  he  was.    Bsisf 
interrogate,  if  he  had  any  hami  in  drawiog  ii 


that  paper,  refuses  to  give  answer 

but  (leciares  he  did  not  see  it  till  aHer  it  WM 

proclaimed.     Being    iuterrogate   anent  ibrt 

Jiaper,  if  he  owned  the  prino4)les  therein,  la- 
iises  to  answer,  and  dcRires  a  time  to  coasiiff 
thereof,  nut  being  uuu  illing,  upon  time  givft 
him, to  declare  his  judgment  thereof:  fiw 
tlie  same  answer  as  to  the  paper  calleil  Csml^ 
Covenant,  or  the  Fanaticks  Covenant,  wM 
read  to  him.  lieiug  internra^,  if,  whsn  hi 
preached  at  Torw^,  his  tocture  was  upn 
Ezek.  xxi.  25,  26,  37.  confiossca  it  w» 
Being  interrogate  where  his  text  to  bit  miM 
was,  declares  he  remembers  not  Being  ii^ 
terrogate,  if  he  thinks  the  killuaif  of  iha  aicb- 
bishop  ol'St.  Andrews  was  murder,  dcd««h» 
cannot  give  his  sense  thereof;  kait  Ibal  At 
scripture  says.  That  the  Lord  giving  a  caD  H 
a  private  man  to  kill,  he  mightda  itiawMI^  I 
inJaelaiMm' 


9rAT£ TRIALS,  33CltiiliLRill.  l6SI.— >r 

of  this  remtme,  or  any  c^iert,  km  nwje^^'n  ifm^ 
ffiiwoiw,  OP  I*  iD»|ieiNl  liwn  from  th*^  es^rcbt 
of  biff  rck)/all  gQ<vlmiiieiil,  or  to  leviif  witrc,  or 
take  ap  iinocsagMil  bis  majestie,  ar  aoj  eoni* 


iwyill  |i?ffoii,  4tf  amy  MMii^lM  iiftfiiii 
'  mA^  m  dvAtmcikiii,  «»r  *. 

I  kiltglio  umtto  of  tli«  ini)*rntiri  cnmii 


iftift  thinks  Ibtt  Iniir,  l;iy  \m  MVmg 
tiwuaim^  hath  lo«t  Sk  civil  rigfbt  us 
Jmt*  hft  thinks  thin  att  eccl«siiiitietil 
id  ctu*md  ftii4^Mr«r  bri>e,^t»itt  that  he  is 
]  ta  o^y  Utr  kin^s  goyeminent^  as 
'  ||«  flic  Mt'uf  iuttrismacv,  . 
wiMfe  b«  w;m  Aiv  m^lit 
■Hwr  h«  WIS  At  QoeciMireiT^f  de^ 
btvniajiow  remenher;  hutseerngp 
^Mlom  oihert  h«  tbinkft  he  19  not 
99r,    B«uif  intcrrogute,  when 
i  m  f  iir,  omJkimm  h^  was  iMnt  Pry^hj 
lA  tixBty  dijt  or  month y  Em!  pTe^be<l 
IMti|p  hiltfniftte,  if  ajiy 


JvhiL  Hcmiefsoii,  a  Aui  about 
^»vi  ^f  an^  Boitt^  tntairogmle,  wheil 
oifiliHHi^hiivar  CmgniAd^,  declaim 
ool  there  ihise  ehnreo  muntbs,  and  de* 
9  mwm  in   Ao^us    Ibtst)  thrra  or  four 

C*.  JMAmAw,  1,  P.  D. 
Bo  oroo  ^9^^  ealM  helbrr  the  council, 
I9«  asidhs  Iniofugilorteo  and  Answers 


f  Ia  council  bi4ii|^  [fiU?TTo^te ,  if  b«  oiroeii 
m  al  Torwood,  iti  irbich  the  king, 
aficomiminkalcil,  he  could  not  an- 
if,  hut  Mbre  an  ecchisiiisiiciJ  eoui-t, 
D  i«ljiilHticat  act.  Bt^ing^  asked ,  ff 
^omioliio  ctOMDioimicarion  o4  hh  majesty 
ti^llM^  name  f^Db«rt«s  Stuart,  tnd  aaa 
fiwiumeit  to  aitswen  Beini^  interropfc, 
priodpl«i  b  tbr  Qu<?mBt<*fTy 
he  ba.^  not  y«t  bud  Ku^^tent 
it,  Beinsf  lutcrrogote,  if  be 
*  nrioeifilM  in  tlie  paper  called  tbc 
roeciaratioif,  h«r  ivdl  noi  fmt 

I  ho  did  not  ace  it  l>eri>tv  it  -h- 

■tSlh  «fti«le     of  tbr    \^.  v 

b<e  f^fosfs  to  rti;  ,'■■';': 

' hK^rrogare,   wbo   wh^  tbc  avuhw 
who  wrote  it,  refusct  to  aa- 

^  if  bot  very  btilf$  tccount  I  can  give  of 
*(>eir  Mpccehetf  af»d  «oo»e  other 
ipwbHjilicd  in  tt»e  Clond  of 
Iftr.  CarKit  botl   a  drsi^ti  to  hnrc 
bM  Im  a  )ar^.' p^ 
^  bi  |«fMi^|ilv«  nod   ; 

iitte  |Vt  of  it ;  hut  tb^^y  Wlic  all  buit'^ncil 
^Hmrttj^  «*oncr  tb?iu  any  body  alniosi  nM 
ti^B0M|f;  fiofi  the  iii girt  attrr  h»  MDteni?e» 
ii^  ^^^KWi  ^Mid  all  bit  iiapen  fldjted,  and  pen 
^itk  dniM  him-  Howercr  umtc  way  or 
t4w  h«  ipoi  wrowt  to  writt%  tiad  si|rn  tbi^ 
^Wl  paper  f  bjve  insrrtfvf  {>^*p  ti'il),  F 
*  no  rt4kctouti9  ou  il»  the  jcaiJiT  ^^ill 
m  ia»  hi*  aloHicts  tnncb  irmn  [oibbc 
%l|iiln»  iMi  fltvmm  ri||«n«ralaon  atui  the  dc- 


erciao  of  ffodUneoa ;  and  wh«n  he  cornet  to 
stale  hta  tmowniog  the  kinff,  as  be  bad  dor»e 
in  ihia  oxaiEdnalioo,  so  now  he  puts  it  on  thia 
bottom y  the  magistracy  I  have  rej«?eted,  is  that 
foumled  on  the  sopit^tnacy,  and  that  becauso 
itifeiied  with  CImstV  now^r.  When  be  waa 
Npoo  the  icafibM,  he  uitcoursed  inuoh  to  Iho 
same  purpose,  with  what  is  in  the  ibr«$aid 
paper,  lie  naa  frequently  internipced  by 
beating  of  the  drums.  He  declared  his  tuU  as- 
stifoooeof  foith«  as  to  his  own  overlusting  bap- 
pineas^  bis  fears  of  a  stroke  coming  upon  Scot-  ' 
kiMt,  bis  cheerfulness  lu  sufieringf  and  ctya, 
be  is  ffoirig  np  the  ladder  with  tcss  tear  and 
pertiirlmtion,  than  ever  be  entered  the  pulptt  to 
preach*  He  forgave  all  wrongs  done  to  hiin, 
and  died  in  the  I^rd  with  a  great  deal  of  sweet- 
ness and  composure.  These  hints  were  taken 
from  his  mouth,  and  printed  shortly  after  hif 
death ;  but  the  confusion  pt'ttie  »obiiera  was  so 
great,  tlial  naudi  was  lost.  In  short,  he  was  a 
person  of  very  deep  and  sharp  exercise  in  bi| 
youth f  and  had  n  very  extraordinary  outgato 
froin  it ;  tho  account  of  both  is  too  large  to 
be  insert  here.  Ailerwards  he  lived  a  most 
pious  and  reli^ons  life,  and  was  a  zealous 
and  useful  minister,  and  of  an  easy  sweet  na- 
tin-al  leint>er.  And  I  am  of  opuuon,  the  sin* 
gular  steps  be  took  towards  tbc  ond  of  bis 
€our^«  were  as  mucli  to  be  attribnted  unto 
bia  riffard  to  the  sentimenlB  of  others,  for 
whomue  had  a  value,  as  to  bio  own  iiidifM. 
tionsL 

<'  Ader  Mr.  Catrgi),  Mr.  Walter  8mitb  ww 
next  executed ;  hestal^  bii$dtsownia^of  tbo 
king's  authority  unun  the  ^tatna  foot  with  M? . 
Caxgil.  At  bia  lost  he  spoke,  without  that 
Heat,  ami  ibese  beigbts*  which,  in  some  casra, 
he  bad  discovered  m  the  ibroier  part  of  hi* 
life.  I  pon  tlie  acaflold  he  was  freqnenthr  m- 
lerrupted,  and  there  he  repealed  OMieb  m  Ibo 
|.:i|>-rhr  !rt\  in  ^Titing.  He  disclaimed  the 
1    *  .    e  and  tyranny  ofautboritT* 

inA  ^uvc  \ti\  .ivlid  and  plensant  advices  to  Ike 
spectators,  as  to  their  practice,  and  makioff 
Ibeir  calling  and  election  sure ;  and  as  in  hit 
testimony,  so  now  he  presses  them  to  bewam 
of  a  spirit  of  bitterness,  perenptortnees,  and 
iptoront  T^eal;  and  refers,  fbr  his  judgnient 
in  mnn y  things  be  wouti!  not  uow  mp  into,  to 
vvuupbj^  y  time  a^,  eo- 

.u^stcpiol  S:c,  and  caii- 

tiii^::^  .loiu^st  dii'isioti,  in  adhering  to  boq^ 
(yoiuis,  uoent  wbicb^  bebinisdf,  ilseetus.  ooee 
lort  piiotested.  , 

*^  mr,  Janrca  Botg  was  next  dtsnatobed.    \ 

harenotbmr  *'  ^' *'"nT  him,  m»n  what  ts 

cofttftiued  ii,  10  his  broiber»  the 


it  (i3»et  p.  omr.j    Both  he  and  jHr*  iMxttt  died 


STATE  TRIALS,  33  Charles  II.  i6si.— Trw/  oj  OrrgiU  i 


miamoQ&t  Uy  bim,  ar,  shall  iAtyseaay  siratigers  | 
to  iDVAik  any  ofhU  iuaj<;stie's  doniinianst  and 
bMIUv  wreittiag,  pnnting^,  or  other  nialitioiis 
%nd  ad  wised  sp^iking,  tixpresse  or  declaire 
such  ilier  treasoutkble  tut^ntionii,  ^saty  tiuch 
person  or  ptfrsons  hein^f  upou  sutficienl  pn>t»a- 
lioti,  ie^aUie  convict  thereof,  siiall  be  depuietl, 
declaired,  aDd  ailjiidj^ed  traitors,  and  shall  siif- 
r  ibrlUuUurc  of  Ijff,  hoDoar,  laii»k,  and  ^j<hIs, 
\  ill  thi'  cases  ot  Ireasuti,  atid  be  the  129  ace 
iiit  king  Jamei;  t)  it  is  statut  and  or- 
ftt  the  king'ii  (iuije!»tie,  bi^  aires  and 
b€  tbeiii«sekes  and  tber  councill, 
are^  and  in  tyme  to  comf,  &ha11  be  judg^  coni> 
[leteut  to  all  persons,  his  hig-hnes  (subjects,  of 
whais'>mever  tstale,  ile^e»\  or  condihon  they 
be  off,  spiriutaH  or  ttjuiporuU,  m  all  matters 
wherein  they^  or  any  of  tbrm  shall  be  appre- 
Ueudit,  suminoaed,  or  char^j^ed  to  answer  to  such 
thiii^  89  shall  be  f'nquyi't^d  at  ibem,  be  our  lio- 
verajj^ne  lord,  and  bia  councill,  and  that  none  of 
them  wbilk  shall  happen  tc»  bea|)prehendtt,  sum- 
moned, or  eliairged,  m  the  rHect  fiH'waid^  pre- 
tume  or  take  upon  hand  to  dtcline  ibQ.  jud^« 
mcnl  of  bia  bighncs,  his  airs,  or  succestnrs,  or 
ther  couucill  in  the  premises,  under  the  pane 
•f  treaM^o  ;  Ncj^crthelesse  it  h%  of  veritie,  that 
§*e  the  said  Mr.  Donald  CargdU  Mr*  Walter 
Dttbi  and  Mr  James  fioij^f  shacking  off  all 

under  much  comtort,  joy.  and  full  »«5urancc, 
and  the  reader  \f  ill  rifumik  a  cousiderabtc  dtf- 
feieocc  Ijetvvixt  the  paperg  they  left  behind 
tbeiu,  and  timny  uthei^  un^Tarlly  publivhed  m 
the  book  1  last  cited.'* 

In  another  place,  after  callings  the  Torwmw) 
Etconiiniinication  (which,  it  (i**fm»t  he  did 
not  €hu%i€  to  insert  in  hi  si  ivork)  *  ua]>recc- 
dcutcd*  and  *  phiinly  disa^reealde  to  the  rules 
of  thiii  cliurch  amf  our  knovvu  presbyterian 
priaciple^t*  and  i^iyiut;  Ht  was  approren  by 
Aon^e  that  I  know  ol  but  his  own  followers 
who  now  set  up  ibemselve*  in  distinction  from 
the  rest  of  ilie  nretdbyt^iiaos  in  Scotland,  and 
refused  to  parttuic  in  ordinancef  dispensed  by 
any  presby  lerian  minis^iter ;'  he  adds : 

»  Thiss  step  of  Mr.  Cargil's  h«ith  been  matter 
r  much  reproach  and  I udJbry  to  the  enemies 
(f'the  church  of  Scotland,  whereas  they  do  Init 
^pofie  themi?dvefi  in  chHrgint;  ii  upon  other 
prejiby  teriacs,  since  etery  body  knew  Mr,  Car- 
Jil  wafi  perfectly  alone  in  ibis  matter.  How- 
everf  1  cannot  but  remark  here,  that  the  jeer- 
lig«  iind  scoffs  upon  this  step^  came  very  auk* 
rardly  from  the  moutbb  and  (lens  Qi'  the  as- 
sertrrif  of  the  hierarchy  and  eanous^  and  ad- 
ro€!ates  for  Uie  practices  of  the  cburch  of  Eng- 
laud. 

"  Both  our  Scots  canons  1636,  and  the  Enf - 
liab  canons  begin  with  Anathemas  against  all 
*rho  do  any  thiufir  against  the  govei-nment  by 
archbiithops  and  bishops,  &c.  by  which »  not 
only  the  parliaments  of  both  k*irigdoms,  but 
ttten  ibeir  blessed  martyr  king  Charles  him- 
self, €4-  pottJuctOi  comes  in  under  their  iiotemo 
encommunioatioD.     And  m  irdaad  aod  ols«- 


fear  of  Uo<),  conacicnce  Mid  «Mi9e  sT  dn^t* 

lea^^eance,  and  Joyaltie  to  your  «u>ti-nkl*rtir  wit 
Qaltve    prince,   ii|»on   chr    an; 
sacred  person  and  mantifiaai^ 
raigne    authoritic    and    princlic    i 

Juyetoes,  stahiliiie  and  bafipieoe^  oi 
oe  depend,  bave  moat  |»cHlclioiiailM 
sonablie  presumed  to  commit,  mid  - 
the  crymes  al»ove  luetitionod,  i  ^ 
and  each  of  you,  and  ttie  hl«n 
legious  murderers  of  the  lati  .,f .  .    i 
Andrews  did  p»e  unto  tli-    i\     i    '  i 
and    did    f  ■  -•  -Mip   it>VMt'    ' 
Robert  H  mother  to  t 

toun,  and  ,iy.  /^   rSi^^ 

tious  per> 
upwards  ^ 

May*   16?  9,  a  day  app< 
than ksgi ling  for  his  nu\y- 
the  ix>yall  government  of  this   ^ 
to  tlie'  burgh  of  Ruihc  r<jlen,  -cl 
and  treasooablie  <dter  reading  act»  of  y  Q 
coyninfiT,  shacking  off  your  alle 
tnajcatie,  ye  roost  trcaaotuiblie  aod 
burnt  sef^eral  acta  of  parliament 
maiesties  prerogatives,  and   efitai 
^vernment  of  the  churchy  drowned  <ru»<- 
tyres  aetton  in  comn>emoratioii  of  ^'^'^* 
and  tbei^fier  continueing  ami  abydi 

where,  they  did  actually  excommur 

worthy  ministers^  and  others  emin< 

gion,  [earning  atid  usefulness ;  to  s  ^ 

of  the  slur  Ihia  oasis  upon  nil  tl 

chorchcs.     Neither  shall  I  add 

these    pccTples  commoi)  prosti 

awful  anil     tremendous    sent- 

which  ndatc  to  the  smallest  tr 

ters,  while  in  the  mean  tim*"  lue  kr. 

communication,    th<i  riid  our  Lotfl 

about  the  fioly  mystery  of  bis 

ftclly  neglcctcil,  and  j»eojde  ^_ 

forced  to  particinatc,  as  a  ii^i  . 

mission  to  civil  places.     I  know  liv 

lous  prostitutions  of  hol^'  thiocr^.    ^ 

to  the  better  sort  in  England  a 

the  rejection  unon  them,  and  i 

in  contiiiuitig^  these  abusea,  ought,  i 

to  silence  the  high  Aiers,  and  ^ 

from  their  invectives  upon  presliytemnM 

this  matter  I  am  now  upon. 

*«  These  observes  are  not  made  to 
Mr.  Cargirs  practic«»f  hut,  if  poiiaibie,  iti  tiioe 
coming  to  prevent  railmir  "ri"^  *  thii  ebvd 
upon  this  score,  who  arc  «  way  ns* 

oerned  in  ii:  and  it  was  {h-^..^u,,.^<1  uponpt^ 
sons  of  a  quite  differeut  character  and  ptaotfcc* 
from  such,  whom  tlie  {ieraori»  tKt  v  jitlmirt 
have  anatltt<natized.  Alter  aM 
that  most  of  the  persons  eiit: 
tills  time,  had  somewhat  remarkable  in  Utaf 
exit,  though  tliat  may  be  far  better  I  ' 
the  door  of  their  own  lucae  Htcs  i 
tliaii  of  this  sentence.  This  atep  d»^  \^ 
exasperate  the  government  ag^aiful  tllej 
cuted  patiy,  yea,  though  very 
agaiost  all  px'sbytcnaaa/' 


^    YTATK  TRiAtSi  05  CHAfttcs  If.  iSBl^or  Tr^eam* 


liiAitdi  and  immg 

tivusoiiiJ»1ti  till- 


I  fntbiii  tki:  tuup  of  Uloagow,  b%  mIiuw 
I  vol  \mm  tmmnt^A  Md  it»bi»u 

I  Urn  mmiMT  m  '  t  -  t*^j<«ik«  ut  your 

t  BiintlMr  of  ten  i^  i  ^  i  i  ^    iiioasanJ,  yuu 
b,  itilkfif  mm!  «ear€b  lor  im^\  urines. 
r,  Mt,  Slid  otlfter  uiMniiueiits  of  wsrtf, 
I  tk«  tftt^rcMt  oiLauirrk,  Aire^  Rot»f«t*%vt\ 
F«rlJi«  auil  oUj4^  thjreii  uaiuTi   this 
J  roliM  And  platotlenMi  Uk  mnjeiliii 
•iMi  gWMl  ftu^eet»«  and  lre«iMNittl»Ke 
kOli  ttoQ,  Mid  tlMJ  isut»plk\  slieltci', 
Mi.   Jdui   WeUi,   Air,  8aj]iu«l 
iiMI  «ii  other  Aoriauli  tiid  ^i^ckired  rvln^lls 
■i  iriikity  fur  Uic  n^bcUioD   ICfOO^  with  the 
McralcfrifHts  murdi^fvers  of  tli«  late 
»  ol'  8i«  Aru)re\vbT  uiH  ye  aiut  your 
^  bctemluiviiig  luarcUeJto  HaruKtouu^'you 
iMt  Uie  fcwklff  tipoii  y^Mi  to  issue  pro- 
i  md  prat  dickraiioiui  bearing  the 
rgrouod*  cd'  y«nr  nsbelliofi^  91S  dtd 
1  giv0  jt««r  r«beliioi]i  Msa«uil««  tlie 
!•£  ttmr  Army  J  fofUMing  und  fr»tti^ingr 
I  Ml    tJt}e|i«   com  puny*  «ad    vcgiroeiirs, 
rctlofteibt  of  re^imenrs^  r^i)>lattie«  of 
com  mn  riders  ot  *i-oo}»s  nnd  olljer 
f  ItoUcrt 
'*  miir- 

rtiiciiuiii^ 
«l  d4  aib»  te  Jitldiiea  au 


.;«vf  ti. 

tM^ilA  art  tu- 
fittii  ilid  muM,  u  i 
1  da.', 
at  rvuii^ 

f«^UO,     III  I 

m    your     iri::k.HnLi.> 

ty#  and  ihe  dec(\ 

^%  and  otiieTH  your 


u   and 

liurcli. 


ie  uiUiii  the 

•tit,  that  5^ 

'tig  urn- 

a 


..r  lU 


iatuf  tiHta, 


and  suardmog  accotiipficest  did  drairc 
coil  try  ve,  detise^  tbnue,  and  dlsperiM^  two  ii»oift 

aiidat  sotue  occa^iuin  used  to  atlend  ibeaar- 
moiis  of  the  lodul^ad  niioislerv^  ag  be  liad  wp* 
portuuity*  JUL  length  it  |ilea»ed  the  Loixl  to 
fitrlitie  hiiJitogo  oat  to   the  Jaeld-meetitiga  ; 

*  when  llw  curate*  unikriAoad,   t^  ati  ( 

iibn,  partly  hv  tlatt^rke,  partly  by  io#- 
'  *  ou,  aiMJ  at  hnif^,  by  mom  dtraol 
s  to  catiM!  hho  forbaar  atfmriiiig 
ButaocU  yf^  the  pa««rral 
V  0]  ki^ij^  of  the  Lot  a  by  hia 
A|)irii  upon  inny^  that  h«  eotirdlv  cieacrtrd  tl|aie 
j*rcltttic  cuiato*.  Laving:  q:ot  a  Jirdy  ^ikwrnwaf 
of  thi;  im  aad  to^^nl  of  that  ahoMiinaUe  pne- 
bcy .  And  ho  sooner  was  hecol^btciaed  ameat 
tbeovil  ofj>relacy»  but  beipAMa^  more  tiar* 
ro%^  ly  to  si^iuvh  jiiio  tlie  ataie  of  thtiiga«  tl^At  ht 
Tu%bt  know  what  i«ashiKfNrO|»eraiidsieccaiafy 
duty,  tbt  Lord  was  pleaml  to  diaeorer  to  hivt 
the  sinfulijcRs  o\'  tlio  iiutut^eacis,  a«  fiowu^ 
from  that  1'  Llf»ii[>remacy,  twuruoil  by 

the  king  j  ^  _  zealously  ttlfe<'ted  for  Ibis 

honour  of  Chroii,  wronged  by  that  ErastiaQ 
acknow  lodgment  of  the  raa§fi*itratc*a  naurped 
powur  over  the  chiirdu  be  loured  for  an  op- 
portuuiry  to  eive  a  testimony  againat  it :  and* 
accordioglv,  being  iii  the  family  of  air  WtMiasi 
SiHit  of  llurd^^,  who  attended  the  iadolged 
meetinj^a,  he  took  opportunity  (aotwithsiand- 
in§^  cnany  strong  temptatiooti  troni  Satan  1o  the 
cofttrary)  to  w  itness  in  hjs  station  iM^'ttinst  the 
indulgence  :  particularly,  one  8ab£ith,  ailer 
he  was  called  to  attend  the  lady  to  the  ehan^b, 
he  returueil  fix>tn  the  entry,  refusing  to  go  that 
day,  and  spent  the  day  iu  his  chamber,  %vhere 
he  met  with  much  o*  the  Lord's  priiijciict;  <aa 
be  leKtified)  and  very  evident  diBooveriesof  the 
nature  of  these  temptationa  and  augpestiooaef 
Satan,  whii'h  had  hke  to  hare  prevailed  willi 
*        'rifore.     And  upon  th«  ^T  >    '    , .    gtvtiitf  a 

I  to  the   *i^\A  uiv  \\  t  aud  m-9 

M...V,  uhy  hewent  notti>cLuii  ij  ^wili  theuit  he 
took  ciccajjion  to  he  ptiilu  and  rxprew,  in  toalj- 
f\  iFK*-  nir.Hi,^!  tL,  J-fiilues*  of  the  indnlganoc, 
'I  -,  ami  original  rise  ami 

■  ■  ■   i:  flowed  ;  aod  tlier&iipoii  ' 
■'■4j;  thai  urrvice,  beinpf  no  further  accm- 

lo  til  em,  because  of  \m  raithfulneaif  »e 
cjuui^to  tlicaouth,  and  haun;;  wet  with  the 
Eei .  Ml.  Jcdio  Welcli,  he  staid  in  hit  canipaoy 
a  ronsiderable  Itme  :  ivho  Aiuhng  him  a  man 
*|tj:iJKied  fa/ the  minmiry^  pra»ra  luion  him  to 
rt'cdv.  M'each«  firli:. '  I'liaail 

for^ii  uponthUi  ^  ho 

huTUit;M<  -^^     .  iiindliepi 

ol'thl?  indiil  ryiigiiait 

\t  r.x,.s.;:i  ^^^.^  hair«  tlitt 

■flit  ri^aidtir 
;enii.  who  kacf 


U4^ai  th«Jt»ol  in  ptibJici  he  was  ajrajd  that  h^ 
heing  singuLir  m  it,  con^rdt^rtni*  hir  youthf 
aitd  his  bei'i  ^^IMpSi 

of  the  miiii  ~   htf'Ot*^ 


S671    STATB TRIALS/3SCHAftLES  II.  l6Sl.—TnW^C«r^7/ Mi  0lkrt,    [8GB 
treasonable  papcn,  the  one  called  the  Fanatics    newe  Cnrenant,  (which  was  tiken  horn  jroo. 

trine  the  less  useful  amlwcif^hty  to  the  people. 
But  the  force  of  this  objection  lieinjir  remored, 
Tiy  Mr.  Welch's  serious  solicitations,  he  was" 
prevailed  with  to  accept  a  licence  from  sonne  of 
the  outed  ministers,  who  had  not  complied  with 
the  indulgence,  and  were  as  yet  preaching  the 
gospel  in  the  fields,  iind 'having  preached 
occasionally  with  Mr.  Welch  and  others,  in 
Keveral  places  of  the  western  shires,  and  find- 
ing the  people  warmed  and  affected  with  his 
doctrine,  by  the  goo<l  hand  of  God  blessing  the 
Word  ;  he  r.dvcntured  sometimes,  as  the  Lord 
assisted  him,  to  be  exprt^ss  and  clear  in  de- 
daring  the  sinfulness  of  the  indulgence,  and  of 
joining  with  the  acceptors  thereof ;  whereupon 
the  ininisters  who  had  licenced  him  to  preach, 
conceiving  it  prudence  not  to  be  so  explicit 
Anent  that  step  of  compliance,  began  to  prose- 
cute him  with  censure  for  his  freedom  in 
prfachinqf  against  it ;  and  called  three  seveial 
meetings  upon  that  account,  one  at  Dunscore 
m  Nithsdale,  another  at  Dendough  in  Gal- 
loway, and  a  third  at  Kdinburgli." 

**  Afler  his  return  from  Holland,  where  he 
received  ordination  to  the  exercise  of  the  mi- 
nistry, he  went  to  some  of  these  outed  mi- 
nisters, inviting  and  pressinjy  them  much  to 
come  out  and  preach  in  the  fields,  as  they  had 
done  befiire  the  overthrow  at  Bothweir;  but 
the  persecution  lieing  then  very  hot  against  all 
such  as  had  not  ucccptcti  the  indulgence  and 
indemnity,  they  lefusf cl  to  adventure  upon 
that  hazanl.  \\htTcfbre,not\\ithstandin(r  such 
sad  discoursigfinents  from  the  profcssei!  friends, 
and  ^  lolent  persecutiDn  by  the  duelarcHl  one- 
niiesof  the  nrfbnnation,  ho  ndvi-ntuml  upon 
all  hazard  to  nreai-li  pufjiiciv  in  tiso  l«elds,  in 
order  to  iliHilmrjre  the  dispeiisalion  of  tlie 
gosjjcl,  i\hieli  ilu'  html  hadihinistcMl  liim  wiiji. 
AndheconliniKNl  so  i\ohyr  (ill  Ik- stalcMl  that 
cause  and  testimony  with  his  l.lood.  Iltinjr, 
after  some  valiant  fi'sistance  in  his  own  ile- 
fence,  kille<l  by  a  party  of  soK!i«rs  uni'cr  the 
command  of  KarUhall/und  his  hoadant!  \n\nU 
cut  off  by  one  Robrrt  Miirrav,  wvm  l'n:ii-l.t 
and  laid  before  th«!  coiiuoil,  Who  onlorc*!  rhtrin 
to  Ik-  placed  ujMin  tlie  Nethcrbow-porl  of  IMin- 
burgh.*'  * 

Crookshank,  ITist.  v«  I.  2,  p.  ^jh,  sriv,  : 

'•  Uhen  Mr.  Cainin.n  i\as  kllln!,*  his  brad 
and  hands  \v<re  cm  (iffby  Hubert  ^lurrav,  an^l 
carried  in  to  the  mt-m-ir,  uhu  *iTt>  d  tlioni  to 
Oe  setup  on  the  Noihrrbenv-port  in  Ivljsd)iiri;h. 
It  is  said  that  Karlshull  ^twc  a  ytjinea  for  (his 
piece  of  ser\iie.  John  l'ovvlir\s  ln-ad  was 
•truck  off,  throncrh  mistake,  instead  of  :\Iichael 
Cameron's.  Uhfii  Karl.sluill  rrune  to  Edin- 
burgh, he  ordered  the  heads  to  be  takm  out  of 
the  nag  in  which  they  were  carrioil,  putthrm 
upon  a  halbert.  and  carried  thorn  t<t  iW  oonncil 
Kobert  Murray  said,  **  There  is  tho  head  am 


Kobert  Murray  said,  **  There  is  tho  head  and 
bands  that  livinl  praying  and  prc;iohin;rf  and 
died  praying  and  fighting."  3Ir.  Cameron's 
tatherbelng  in  the  Tolb«)Oth of  Edinbnrgh,  they 
Miriefl  them  to  him,  ti>  add  to  his  turruw  .and 


inquired  if  he  knew  them.  He  took  bis  son's 
head  and  hands,  and  ktased  tbero,  and  said, 
«  I  know  them,  they  are  my  son's,  mv  dear 
<  son's.  It  is  the  Lord,  good  is  the  will  of  the 
'  Lord,  who  cannot  wrong  me  nor  mine,  bat 
*  has  made  goodness  and  mercy  to  follow  as 
*all  our  days.'  Mr.  Cameron's  head  wu 
fixed  on  the  [lort,  and  his  bands  fay  bis  head, 
with  his  fingers  upward." 

The  attachment  which  was  (eh  for  Richard 
Cameron,  by  those  who  maintained  his  opi- 
nions, and  the  high  respect  which  they  enter- 
tained for  his  character,  caused  them  to  be  dis- 
tinguished by  the  appellation  of"  Cameroniam." 

As  to  this,  Mr.  Laing,  (4  Hist.  p.  107),  nji, 

"  A  party  now  appeai-ed  amon^  the  Pta- 
byterians,  prepared  to  renounce  their  allegiioei 
to  the  cn)wn.  The  oriq^n  of  this  new  Kct 
must  be  ascribed  to  the  rigours  of  government; 
its  extravagance,  to  the  sufFiTings  which  tlw 
intercominuned  had  endured.  When  pra- 
scribed  and  driven  from  their  abodes  by  gs- 
vemment,  they  were  pursued  by  tlie  military 
like  beasts  of  prey  ;  and  their  fanatictsin  «ii 
daily  exasperated'and  confirmed  bv  their  wf- 
ferings  and  their  despair.  While  tfiey  roumi 
or  hirkrd  throughout  the  c«>untry,  heated  tad 
mutually  iidlaming  (*ach  otlier,  with  reli|fioai 
pliivnicy,  their  preachei-s  bi'gan  to  coiwidff 
their  king  as  a  tyrant,  anil  to  separate  frtim  the 
^at  body  of  the  IVesbyterians,  who,  acoord- 
insr  as  they  enjoyed  his  protection,  or  ackncnr* 
lodged  his  authority,  were  involved  in  the  ini- 
cjuiiy  or  defo(*tion  of  the  times.  C'argill  and 
Caniemn,  who  hail  esrnped  fn»m  Hotbwelli 
rotnme«l  from  the  rontinent  to  their  vagnnt 
Hook,  which  aot|uii-ed  tVum  the  latter  the  naaw 
of  ramoronians;  a  designation  still  apprp- 
priatod  to  a  rolivfious  se<»t,  and  to  a  regimcol 
of  tiie  lino.  A  pasty  a]>pfured  in  arms  at  San- 
quhar, \ihore  C'ai/ioroii  i-ead  and  affixed  t 
fleclaration  to  the  innrkot -cross ;  that  althoagfc 
dosi'eiult  1.1  tWuii  till*  inoe  of  tlioir  ancient  kinpi 
('Imi-hs  Siiiru-t,  by  liis  porjuiios  in  the  breach 
«»f  his  ornonantodNows,  by  his  t^-rannical  ga- 
voi-HMiont,  and  by  his  usurpation  over  tbcv 
citil  and  rolii: ions*  liberties,  hail  dissiilvcd  their 
Hllogiano«',  end  t'orfcitod  all  right  and  tide  to 
the  crouM.  Thoy  wvra surprised  at  AinlsmMi 
in  ihodishiot  ofk.}k>.  C':inioronand  hiska- 
thor,  li'^htjiig  backto  ktt  k,  obtained  by  tbor 
gallaiitry  nnhonourablo  doath.  Jlaokstoo  if 
Hathillot,  and  fiOoon  horsemen,  wore  takes 
prisoners  ;  but  ilie  foot,  a  despicable  band  ef 
forty  peasants,  n  tin  d  into  the  morass  (n0 
tlio  pursuit  ot  the  guards.  Carjiill  alone  COO- 
tinned  to  ])reaoh  in  the  lields.  .\t  a  convea- 
tide  held  in  the  Tor  wood,  he  pronounced  i 
solemn  excommunication  aipinst  their  pene- 
cntors,  the  dukes  of  Luiiderdale,  Kothei,  M«a« 
miMith,  York,  and  1I10  king  hinuself ;  a  sen- 
tence ludicrous  at  present,  hut  productive  thCA 
of  a  deep  and  indelible  impression  on  the  whok 
sect.    \VhiIc  we  pity  or  deride  their  extrawa* 


90Sf]  STATE  TRIALS,  33  Char 

the  kM  Mr,  0on«1d  Cai^iil,  iit  Q.ueensferrief 

-        •  --     ■ 


Snee,'  it  m  difficult  to  condemn  them  entirdy 
disowoini^  a  government  under  whi6h  they 
lifid  enjoyed  no  reciprocal  pnitection^  but  by 
iviiiefa  they   were   utiifbrmly    persecnted  and 

See  i!«o,  *'  A  short  ^lemorial  of  ttxeSnffer- 
icigs  And  GrieranceSf  pnst  and  present,  of  the 
Fk^esbytenans  tu  Hcotland,  particularly  i»f  those 
of  them  caUed  by  nick-name  CtiiueronmDs. 
Printed  in  ihe  year  1690/* 

f  Wodrow*  (voL  i,  p,  136)  says  it  was  taken 
not  fruDi  Car^ill,  but  from  Uall  of  Haugb- 
htsad  ;  of  w'bom  he  hud  g-iven  in  the  two  pre- 
l  (Jflges  u  short  account  as  (bUows  : 
Henry  Uall  oJ'  Haug;h-he«d  in  the  iiariath 
"ckford  in  Teviotdale,  upon  whom  lh«  un- 
ribed  paper  was  fu und^  whk'h  made  alt 
Doise^  was  a  friend  and  relation  of  the 
of  Koxbnrg^h.  He  Jiad  been  Tery  reli- 
usiy  educated,  and  early  bcg^an  to  sihcw  his 
1  for  what  he  took  to  Le  the  strictest  side, 
in  the  time  of  the  fnmeotable  dilferences 
?  public  refloU»tions,  he  was  a  violent 
er^  and  used  to  leave  his  own  parish 
bister  and  ordinarily  heard  Mr.  John  Lmn^- 
sat  Ancrum,  wlio,  as  liutli  been  noticed, 
\  very  bealing-  spirit,  and  tar  from  cu- 
ngsuch  practices. 

Br  the  IiU'storatiou  he  was  a  strict  non^ 
conformist  to  prelacy,  wldch  brougfht  hi  in 
uuder  many  hardshijig,  kq  that  he  was  obhg^ed 
to  leave  his  estate,  aiid  to  retire  from  the  storm 
the  North  of  Kou^land^  about  the  year 
In  the  year  lt>dr>,  he  was  taken  when 
ntng'  towards  Penthmd,  and  with  some 
I  imprisoned  in  Cesford  castle,  whence  he 
^<Hit  by  the  favour  of  the  earl  of  Roxburgh. 
^^"  ill  again  to  Noithnmbcrland,  and  wis 
ch  uebveil  there  for  his  care,  and  the 
he  took  to  get  maoY  rude  and  ignorant 
pp\e  instructed,  and  Win  prociiritig  ministers 
'  ajid  then  to  preach  the  Gospel  to  them. 
In  the  year  1673,  when  colonel  Strut  hers 
i  violently  pursuing  alt  Scotsmen  in  those 
s,  Haugh^bead  w;is  in  that  scutfie  near 
okoom,  a  village  upon  the  Kngtish  border, 
w1»ere  that  gallant  and  religious  gentleman, 
bioraiu  Ker  of  Hey  hope,  was  killed.  This 
""ifed  him  to  leave  EnixUnd,  and  come  down 
iuoUand,  where  he  was  with  Mr.  Homiltou 
>rnTnclog,  and  the  wt-st  country  army  at 

tiwel.     After  which,  being  very  ddi gently 

•enrched  for,  he  wef»t  over  to  Holbud,  but  did 
not  stay  there  long,  and  ventured  home  again 
Ihkye^r. 

**  InJUay,  and  the  beginning  of  June  thisyear 
he  was  mostly  in  company  with  Mr.  Donald 
Citrgi),  lurking  as  privately  as  they  could, 
«hout  Borrowstounness  and  other  places,  upon 
hoiU  sides  idHhe  Firth  of  Forth.  The  curates 
of  Bnrrowstounness  and  iJaridden,  very  soon 
■MUriJiii  nut  Mr.  Cargil  and  his  i^mtianion,  and 
pfwetHly  tent  information  to  Middleton,  Go- 
wwmt  of  BladneH,  who  wa«  a  Papist. 


LEs  II.  ISBI .—for  Treitim,  [87(1 

upon  the  third  day  of  June  1680)  and  the  other' 

*•  By  the  way  here,  I  may  repeat  the  re- " 
mark  I  have  once  and  again  made,  that  a  greats  ^ 
part  of  the  pei'secution  and  informations  agfainsf  i 
suffering  Presbyterians,  came  from  the  epis- '  ' 
copul  clergy,  who,   upon  all  occasions,   Uid'j 
themselves  out  to  cfet  notice  of  the  wanderers,    | 
and  to  hound  out  the  soldiers  upon  them  ;    and' ) 
indeed   these  two  are  justly   chargeable  with' 
the  blood  of  this  gr)od  man.    I  Hnd  in  the  oorm-f  I 
cil- registers  a  good  proof  a«  to  one  of  them  J 
"^JnneS,  1680,  Mr.  John   Park  Miniiiter  of* 

*  Caridden,  for  his  good  service  in  delDting  and- 

'  discovering  ?Mr.  Donatd  t^are^l,  :ind  other  va^    I 

*  grant  preacher*,  for  whicnTie  is  threatened  *.| 

*  in  his  life,  is  recommended  to  the  Lords  of* 

*  the  Treasury,  to  gine  htm  some  aUowanea 

*  tor  this  good  service/  No  doubt  he  hail-' 
hifJ  reward,  and  when  these  people  wer^ 
rewarded  for  what  they  were  so  willing  to  en- 
gage in,  their  diligence  would  l>e  the  greater  ; 
meanwhile  their  native  virulence  nee<l^  scares 
any  spun  He  was  deposeil  1689,  for  gross  ins- 
m<iralities. 

**  The  governor  of  Blackness  immediately 
took  the  scent  given  him,  and  having  gotten 
some  notice  where  Mr.  Cargil  and  Haugh- 
head  were,  dealt  subtilly  enough.  Upon  Jun« 
3  licordereiJ  out  a  party  of- soldiers,  to  march 
at  some  diiitance,  hv  iwos  and  threes,  care- 
lessly, as  if  thej  haii  been  upon  no  design  ;  at 
length,  by  some  of  ihem,  he  found  Mr.  Curgil 
and  Mr.  Hall  had  taken  their  horses,  and  wai 
told  the  road  where  they  were  riding.  Tht 
Governor  and  a  servant  upon  horseback,  pre- 
sently traced  them  out,  and  ke]>t  at  a  little  dis- 
tance from  them  till  they  came  to  Queeuslerry, 
where,  after  the  servant  had  noticed  tlie  houM 
where  they  alighted,  his  master  sent  him  off  in 
all  haste  to  call  up  his  men  to  him,  and  put  up 
his  horse  in  another  house, 

*'  Within  a  vrry  little,  the  governor  cam^ 
into  the  liouie  where  they  were,  as  a  slrauffer^ 
and  pretended  a  great  deal  of  respect  for  Sir. 
Cargil,  and  hrgged  leaveto  take  a  glass  of  win« 
with  them.  \Vhen  they  were  in  friendly  con- 
versation together,  and  the  soldiers  not  hke  to 
come  up,  the  Governor  wearied,  and  threw  off 
the  ma:ik,  and  told  them  they  were  hi^  pri* 
ioners  ;  and  calhngthe  house  to  assist  him,  U^ 
offered  to  lay  hands  upon  them :  There  wa$ 
none  in  the  nousc  would  assist  hiin,  but  oum 
Thomas  George  a  waiter. 

*'  Haugh-head  was  a  bold  brisk  niaUi  und 
struggled  hard  with  the  Governor,  until  Mr. 
Cargil  got  off;  and  Iheu  when  he  was  going  o^ 
himself,  having  gut  clear  of  the  Governor, 
Thomas  George  struck  him  upon  the  heatl 
with  a  carbine,  and  gave  him  his  mortal 
wound  ;  however,  he  got  out,  and  hy  this  time 
the  women  of  the  town  got  together  at  tha 
gate,  and  conveyed  him  <mt  of  the  town.  Ho 
walked  a  little  way  upon  his  foot,  but  being 
very  sore  brui^d  with  the  stroke,  hesooiitniut-  . 
©d,  and  was  carried  into  the  next  count ry 
house ;  and  though  fbiruigteoDS  weroUrtHigit^ 


871]    STATE TBlAlS,MCaAmhu\L\6ti^Trkd of C&rgOl mi Mer9,    [S» 


calied  the  Deckntion  of  tlie  true  PreibytenMi 
Antiprelatick  and  Anti  Erastian*  persecuteilPar- 
tie  ip  Scotkmd,  which  are  uowa  printed  and 
publiahed,  and  herewith  gif  en  in  to  yon  ae  a 
part  of  your  dittaj ;  by  which  wicked,  irea- 
eonaUe,  and  aeditious  papeca,  ye  and  your 
traacheroiHy  bloodie,  and  morderinff  accou- 
plioea,  have  plotted,  oontrived,  and  intendit 
the  death  of  hie  nu^esties  sacred  person  and  the 
mine  of  his  govemment,  and  authoritie,  and 
the  deprivation,  deposeing,  and  suspending  of 
hin,  from  the  style,  honour,  and  kingbe  name 
of  the  imperial!  crown  of  this  reaime,  and  sick- 
Irhe,  ye  the  said  Mr.  Donald  Cargill  hate 
onuk  in  poj^h  and  jesuiticall  principles  of 
exanterating  and  killing  ofkings,  and  to  tnake 
them  the  Getter  take  with  your  zealous  and 
ignorant  disciples,  ye  did  most  treasonablie  ex- 
immnunicat  f  your  native  sovereign,  and  seme 

I  am  told  he  never  recovered  so  fiur  as  to  speak 
any. 

"  Gen«al  Dalziel  of  Binns,  liTing  near  bv, 
was  soon  advertised,  and  came  ver^  ouicUy 
with  a  part^^'  of  the  guards,  and  seized  him : 
Such  was  his  inhumanity,  that  though  evo-y 
hbdy  saw  tlie  gentleman  just  a  dying,  yet  lie 
would  needs  oaiYv  him  iu  straiglitto  ^inburgh, 
and  he  actually  died  among  tkieir  hands  in  the 
way  thither.  His  corps  was  laid  in  the  Ca- 
nongate  Tdbooth,  for  three  days  without 
%nrial ;  and  though  Haugh -head's  friends  in 
and  about  the  town,  M'ere  very  importunate  for 
liberty  to  do  their  h»t  ofl&ce  to  hiro,  yet  that 
eonkl  by  no  means  be  granted.  Such  was  the 
fury  of  those  times,  that  it  reached  the  bodies 
of  tlie  people  of  God,  ai\er  tliey  were  killed 
by  them  ;  of  which  we  shall  meet  witli  more 
ittstauces.  8ome  little  time  after,  his  corps 
were  buried  clan<lestiiiely  iu  the  night." 

*  Eraste,  or  Erastus,  was  a  physician  of 
Switzerland,  who  slrenuonsly  niaintainrH,  thai 
the  Church  was  subordinate  to  the  Civil  jtower, 
and  dependent  upon  it,  and  that  there  was  no 
regular  erclestastica!  authority  to  excommuni- 
cate, exclude,  censure,  al)soIvc,  decree,  or  the 
like.  I  am  much  surprised  nut  to  find  in 
Bayle  an  article  to  Erastus,  hut  Morreri  make^ 
brief  mention  of  him.  Fountaiiihall  under 
date  yov.  I7th,  1681,  relating:  that  the  Privy 
Council  ha<l  dfclared  vacasit  the  places  of  foirr 
ministers  ol'  Kdiulnirgli,  nho  had  refused  thr 
test,  obsenes,  *<  This  was  an  instance  and 
practice  of  the  kinjL|;*s  supremacy  in  occlesias- 
tjcts  over  churchmen,  whcrras  properly  thoy 
ijiould  be  only  deprived  by  their  own  peers  or 
thcbi8hop.''l'Dec.l6?. 

f  (>f  this  most  extraordinary  transaction,  I 
have  extracted  from  Crookshaid&Vs  History  and 
the  '^  Clond  of  Witnesses,"  the  following  par- 
ticulars: 

"  Mr.  Cargill  ivas  now  the  only  persou  who 
ventured  to  preach  in  the  flekis,  notwithsuind- 
»g  the  sanguinary  laws  against  that  practice, 
mi  who  praaecuted  the  testimony  for  raligkHi 
md  libtrty  ia  that  BMBMr. 


of  hie 


at  Torweed,  tht 


October,  1680  ^ears,  or  ane  or  elher  ef  tte 
dayea  ef  the  said  moneth,  and  ▼»  hnve  ky  that 
contagnm  poysoned  and  iatected  ma«y  ptar  wm§ 


**  Among  other  parte  of  bia 
aguust  the  enemies  of  truth  and  £ 
which  eacaaperated  the  enemies  noet,  waa  the 
Torwood  Excommunication ;  wboein  he 
moved  with  zeal  againsi  die  ^ndigmtiBi 
done  to  the  Son  of  God,  by  ovcrtonnflg  hia 
work,  and  destroying  his  pe«^,  Mivcnd  vf 
to  Satan  some  of  the  most  scandakmsand  prin- 
cipal promoters  and  abeNon  tff  this  immunwif 
i^ahist  Christ,  as  formally  ae  be  oouM  m  ki 
cirenmatanees,  who  baviae  eamaaily  iefl|kl 
the  coBcmrence  of  bis  brewren,  onali  lul  s^ 
taiu  it;  and  therefore,  was  left  tti  d» the  wMk 
himseir, 
no  means  i 
sorts  of  weapons  1 

save  that  of  Ecdesiastieal  Cenamre,  and  mm 
neglect  of  it  might  bring  open  tbia  Cbwihthjjl 
severe  reproof  given  to  jPergaiiiQa«  Ber.  a 
14, 15,  for  having  in  ber  eomuunion  the  Nisa* 
hdtans,  and  them  that  held  the  deetrine  af  B^ 
kuun.  [But  I  have  a  few  things  agaiaHlfcsSi 
because  tbon  hast  there  them  tfant  kUiha 
doctrine  ofBahuun,  who  Uugbt  Balak  It  sssi 
a  stumbling  block  befiDse  the  chiklven  of  Inri, 
to  eat  things  sacrificed  unto  klolay  andleessH 
mil  fomicatMHi.  So  hast  thou  alao  then  Art 
hoM  the  doctrine  of  the  Nicobutanas»  whUi 
thing  I  hfOe,]  and  that  sore  animadvcnioa  i 


;  ana  inererore,  was  mc  m  oe  we  w«s 
if,  or  leave  it  undone,  wkicb  bn  ooiiM  ^ 
mm  think  of,  coosidering  that  aH  slllv 
f  weapons  biid  been  used  agaiaatthsM» 


come  and  tight  against  his  Church,  with  il» 
sword  of  his  mouth,  on  account  thai  such  woe 
not  expressly  cast  out  of  her  commuaiaa.' 
Wherefore,  in  September  1680,  afWhehii 
lectured  upon  Ezekiel,  xxi.  S5,  36,  37.  *Aaj 
thou,  profane  wicked  prince  of  Israel,  whiH 
day  is  come  when  iniquity  shall  have  an  cdk 

I  Thussaith  the  Lord  God  -,  Remove tbediads^ 
ami  take  off  the  crown :  this  shall  not  be  the 

'  same,  exalt  him  that  is  low,  and  abase  hisi  Ibil 
w  hi^h.  J  will  overturn,  overturn^  efveitaniili 
and  It  shall  be  no  more,  until  be  cqbm  whan 
right  it  is;  and  1  will  fj^ive  it  him.''-^Aid 
preached  from  1  Corinthians,  v.  13.  'M 
tliein  that  are  without  God  judgeth.  ThsfsAn 
put  away  from  araoug  yourselves  that  wisM 
[M'nion.'  And  having  made  a  short  and  f» 
tinent  discourse  on  the  nature,  subject,  osM^ 
and  ends  f )f  excommunication,  and  declaitd  hii 
motives  ktading  him  to  it,  not  to  be  any  prinU 
spirit  uf  passion,  but  ccmscience  of  duty  td 
xpal  to  God,  he  pronounced  tlie  SssHSertr  h 
follows : 

*'  We  have  spoken  uf  ExcoMttonieatei ■ 
the  causes,  subject,  and  enda  tbereei;  weshil 
now  proceefl  to  the  action,  being  cemtiaM 
by  tlie  conscience  of  our  dntv  and  aaal  far  (M 
to  excommunicate  some  er  these  wh*  htfi 


the  committers  of  an  gieU 
authoraaf  the  graai  iwiirhirfi  ef  J 


ytHII 


fTATE  TRIALS^  93  CiiiBLSi  II.  l€tl.-^/ar  Ti^mmu 

yOW   ill 

-A .:,  \eh^fe 


Hi  iiiu^  if€  iibftll  k«ep  lh«  nftmet  by 
bfjf  am  ordiaiurily  odtad,  ibit  they 

sine  A  fii4iitiU«r  (»f  JwOA  Cbri^t,  and 
imkofitT  nn'l  pmver  fram  Um\^  flo,  m 
Bi  ftti4  y^  bu  siMiit,  Excotnniunicalc 
II*1mii^,  cVe.-'iiud  ibftt  upon  tbeikc- 
wu'kcilTir?sP!5,  lut.  For  his 
mI*^  *  ^t*ir  be  bftil  ac* 

_         fi  ^i  JiiT^ii  isiiM>  bis 

f  idukiry,  aaii  bmi  soleiimly  eitgaeed 
Wfiii  Ht  •  ticiclaLnuioii  al  Duoiermitne 
ilf  Ani;usi,  1650,  Ue  balb,  mmviili- 
«f  aM  Uiii,  y-une  on  mai^e  urowedly  iti 
•  ikwi  aU  lii^it  wen t  Uei ori^  hi m .  liilr • 
mat  perjm^  iti  Uinl,  lifter  h«  btitt 
liiMtt  •okoifily  su^k- '^il>^<t  ibateovi!* 

!  cHii>fiiMil  ii  to  lie  ibe  hiiMl 

legman.  Jilly,  Btaiiist;  Uv  h^th  i^es* 
11  lawn  ti»r  estaSlinhin'jr  ttmt  relifpou, 
HiMi  Imwm  far  •■^Ublinhiii^  iu  cutitr«ry, 
itil)  working  for  tUc  iuiroducinjp  of 
bo8«kiuiK,  'iM\\  Fur  coaim«ti(U 
to  drulruv  thu  1  Ami's  pi-ople,  wbrj 
in     '  '    I nee^  untl 

,  r4&iiiiie«4 

ilHl  iiuurirn  tM  turn  ^   »ri«i  ^   Olt' 

bolb  iihcd  an  fieltk,  mt  flcaibbk  ami 

•%  ot  Ui«  pvoDle  ofCsoi],  npo«  Mvuoui 

I  ami    rif^hUiwiiflne^,   (they   bcini^ 

if  in  nit  iiiImt  tb'uigi  to  i-«nUer  bim 

i1  ci|ftied   ami  ruled  tlwtui 

I '  riatit  and  oatb)  tthjre  tbon 

t  a  bitvtj  been  l>«fore  bim  io 

L  w    Tbat  be  b«tb  been  iliH  an 

]»t  A  |i«ik»2iitor  (H'  tbe  true  RroleHtaDfei, 

r  «Dd  bel^  r»f  tJie  PtipiilsJ^tb  at 

Malirxiaii,  adiJ   IiaUi  liiitdered  tu   tbe 

lif  hii  imwer  thu  dii«  exeeiitian  of  jtist 

them*    f''-'     *  or  bk  r«la%ui|Br 

iVi  by  li  itffrmntof  rt- 

parcbfiiB  i*n   .Mi..«j4Hers  (wbtch  is 

ol  ma  Itinft  #»  do,  Ijeioff  expff«ttly 

ftm^lmUmi^ 6ml),  wbl^i  wai^  tbe 

■y  IB  emhttkleo  nieii  tu  u  of 

lblftlb#4dlIaivAlflbehn  Um\. 

TaftiMaliy  ttlVnilicfr  lbiti«r*f  bmL^renf 

■itftn  tiiiOfa7tnf*n  of  Adidkr^  anil  m- 

f  libit  bnee*.  ii.  17». 

J  ^Ainiil  4  UmiHm,  9»y^^ 

tbe  aORit^mus  bii&od  of  I 

■luMiflbrtUi  bvfutUn  <  : 

M  «l*lii»  MiMKlwile  mtiliiiuaii  tu  vr  i»trres 

■4y«fc«f  biiowo  «iilcrtoo, 

« «Mi0»  p«)lnm,  and  bad  tbc  tin- 

liNviilaf  ••  >tM,  wtihoui  a  muueior^ 

%km  muidefBi  him/     llr.  Fo«  in  de- 

iJba  cli«^«pl«r  of  C'b«rki  nys^  *  His 

<br  Kw  larii  11  of  OrloMn  leemi  to 

iM8Br»«4«ff4ieii  And  UMiigb  Bur- 


tbcM  jemiiticvil  nod  trniMliiHl  JRiiid|taf  1 
wberby  ye  we  giiihy  oftNir  bl#cM|  y#Qcf«1 
mlmuieed  ihet  to  wbi<3b  ye  pv«lendit  ecitl*it|,1 
Mid  tfc»lroyed  (a«  tare  e»  in  you  Uy)tb»il»] 

I  lid  Lsdiwrr  mare  opeulj^-* 

'IntM  for  iMt  fuler  wai  of  1 
u  i^d.uiiw  »i»vutL,  » itever  owrid  iad  tbat  iktft } 


Mid  I 


,AieC! 


was  iijty  gfroutjd  tbr  stldi  &  »ua|iiaioii; 
rtcsl  VVork,  |^.  7 1,  Urge  'Med*  of  1608.] 
drunkcnnejfl,  bis  dii^^inbiiiig  iftith    God 
mail,  and  perforimiig  bis  promises  where  j 
engnfiremeats  were  siDful,  he* 

**  Next,  by  the  tame  aulliority,  and  in  tb«  ^ 
aametiame,  Icxcxmifnticiicate^  &c*  Jamc^Daka  I 
bfVork,  ^c.  and  that  for  bb  idotatries  (f«*r  jl 
1  shall  not  i|»eak  of  any  other  sins  but  witai  1 
Jtaye  boett  perpelrale  by  bbn  in  Scotland)  ao4 1 
<<»r  vetting  up  idolatry  in  Hooilaad,  to  deHie  I 
i4nrd*8  land,  and  bis  tnticing  and  i 
otbcfs  tu  do  su,  *ke. 

*'  Next,-  in  tbe  b-ttme  name,  ^c.  I  eivoaii»*  ] 
mntkiaaia,  he,  Jiime»  Duk^^  of  Monhtoutb,  ( 
for  aataing  inti>  Scfitland,  uinm  bis  faibt^r's  t 
just  flDHiftiaiul^  and  leadiag'  i\rmit*s  agaitml  I 
ix)rd'«  peopb*,  wlw»  were  c«iistraiiied  ta  riia^  1 
bvinof  killed  in  uud  iw  tine  rigbt  wuribippcii^i 
of  the  true  God^  and  ihr  bis  n  "  ' 
nioriiinj|j^  St  Butbwell-bnd^r,  a 
artiiK^  lor  beiu-iug^and  radruMMttg  ibeir  injuris%j 
wrcMip,  ui]d  oppraiM0i]9|  he.  1 

'*■  Nciit,  [  do,  by  the  same  autboiity,  he^^ 
cx€tirniiiiinia»te,  he*  John  Ouke  of  Liiulcr*  | 
dale,  Vt%  for  bisdrradfulMasphomy»  <'^periadly  1 
that  woi^  to  the  Pidate  ol'St,  AmlrewM,  S4J 
ibou  at  my  i  ig^Ut  Imtid,  until  1  make 
enemies  thy  ii>«]tHt')id  -;  bitt  nthtn'iiical  drolli 
on  tltc  scriptures  td'  fMHl»  fifcolhn^  at  teli^i 
and  reli^iiius  perwns  ;  bis  itpo:,4iie^  fi'^^m  ili^l 
covenant  and  rdbrtnation,  and  his  per^c'cutiti 
thereof,  after  be  bad  been  a ptutestKir,  pb 
and  prueacr  thereof ,  for  bi^  ]»pruiry  in  the  1 
n^ss  of  Mr.  Jame!i  >J)t€bel,*  for  nis 
and  undpnnnes^  ;  ifjr  bi^  counselling  and  as*  ^ 
sidtiuif  tbe  kiiii(  iu  all  hii  tyrsnttiex,  overturn* 
ing  and  ploltiii|^  agsitiBt  the  true  religion^  fof  J 
bis  g^iintu^  «m  tba  liord's  day,  and  for 
iHual  aiitl  ordinary  euraioff* 

*Mn  tbe  ssDie  manner  Ira  pronounecdi 
teuoe  against  tbe  duke  of  Boibest  •i>'  ^^i 
Mackenzie,  tl>a  king's  Aduncate ,  and  Tb 
Daljriifl  vf  Btnns* 

*^  AttiT  b9  bMl  pranotuHsad  aeaieiica 
abiivr,  be  went  on  as  follows;  «^  t  tbink  aoi 
that  aeknowledsfe  the  wordrof  God^  tbe  poi 
deputed  to  tbt?  church «  and  tba  reason  and  aa*^! 
ture  of  that  p'»wttr,  rn(i  ju*b:«  fbts  seoiance  V§m 
be  unjiiftt.     The  prri  '     H(fiti|^uiiformal^| 

witb*>vit  wumings.  ik»  'Nttv  in   ^"^^1 

anawetiKl,  in  that  llurse  itn^n  iiava  placed  tbe 
iaivaa  abort  tbe  adanaaitiooa  ^  ntinisiers^  bi 
re|Mlled  all  due  warnirriipi,  and  wickedly  put  1 
cruai  deaths   tbe  srirvanta   and   niit>islrr« 


thinai 


adullcnaii 


his] 


*  As  to  this,  see  tbe  CUiscs  of  IIIitGliel,  i^  . 
6,  p.  I'idOT,  and  of  Maitlaud^  ful.  6»  p.  13at>  aC 
tbia  Collection. 


875]     STATE  TRIALS,  59  Charlis  II.  i68l.^7Vttf/^  Cargitt  amd  tpihtrs,    [87( 


which  ye  pretcniHt  friend,  ye  have  wrested  and 
•trained  the  Gospell  of  peace,  which  teaches 
obedience  to  magistrates  for  conscience  sake, 

Christ,  who  have,  with  freetlom  and  boldness, 
adventured  to  g^ve  them  waniings  and  admo- 
nitions, and  shut  up  all  access  Tronj  us  that 
remain  to  do  the  like;  and  as  tor  proof  of  the 
fact  I  liave  here  charged  upon  them,  it  needelh 
none,  the  deeds  being  notour  an<i  known,  and 
the  most  of  them  such  as  themselves  do  avow, 
and  to  their  shame,  boast  of.  And,  as  the 
causes  are  just,  and  such  a^  for  wliich  the  tiii- 
nisters  of  Christ  have  in  all  agrs  proct-etled  to 
the  like  sentence,  so,  it  iH'ingf  now  done  by  a 
minister  of  the  gospel,  and  in  such  a  manner  as 
the  present  circninstauces  of  the  chiircli  of 
Christ,  with  respect  to  the  present  cruel  pt-rse- 
cntions,  will  ailuiit,  the  sentence  likewn yc3  is 
nndoubtetlly  just  also:  And  there  are  no 
powers  on  earth,  cither  of  kin;,>-s,  princes,  ma  - 
gistrates,  or  ministers  of  the  gospel,  can,  with 
out  the  repentance  of  the  pei-sous  openly  and 
legally  appearing,  reverse  these  sentenceK*^upon 
any  such  account.  And  us  God,  who  is  the 
author  of  that  jiower,  is  the  more  engu&fed  to 
the  ratifying  ot  these  sentences;  so  all  that 
acknowledge  the  word  of  God,  and  believe 
themselves  subject  to  his  government,  ought 
also  to  acknowledge  them. 

'<  If  any  shall  object,  as-we  hear  they  do, 
that  these  proceedings,  though  not  unjust,  arc 
foolish  and  rigorous;  we  answer  with  that 
Vfon\  of  scripture,  which  we  have  much  more 
reason  to  use  than  those  of  whom  it  is  recorded. 
Gen.  xxxiv.  31.  *  Should  he  deal  with  our 
*  sister,  as  with  an  harlot?'  Should  (hey  deal 
with  our  God  as  with  an  ii'ol?  Should  they 
deal  with  his  propic>,  as  with  munlcrers  ami 
roale^ictors  ?  And  shall  we  not  draw  out  God's 
swortl  against  GotPs  cncinios?" 

Crookshank  then  proceeds:  "  It  is  not  my 
province  either  to  condemn  or  vindicate  this 
action,  which  not  onlv  evposed  tlie  suflcrers  to 
the  gr renter  fury  of  tlicir  persecnlors,  hut  also 
to  thti  censures*  of  the  ir  friends,  nay,  and  ex- 
posed t!ie  wh(de  body  «>f  lh«*.  IVesljyterians  to 
the  i-idiculc  and  scorri  rif  their  enemies ;  tliou<rh 
nothing  is  more  rorlJiin,  than  that  tlipy  ^vne 
neither  cousiiIimI  in  it,  nor  ap[<r«ived*  of  it. 
However,  the  tollowin;:  queri<^  are  submitted 
to  the  reader.  Had  not  the  persnns  nsfainst 
whom  the  stntrne**  was  pronouuce-d  l;ceii  ijfuilty 
of  all  tliat  was  lai<l  to  tlicir  chapjie?  "Was  not 
Mr.  Cargill  an  a|ipro\<»<l  minister  (if  the  gospel  ? 
Can  it  be  said  that  kings  and  priuecs  are  not 
subject  to  the  ceiiNurcs  of  the  church  :'  ft  is 
plain  the  church  of  Knpiand  appi<>\cs  of  the 
excommunication  of  royal  perstms  if  they  de- 
serve it,  as  may  be  seen  tironi  their  homilies, 
^thich  aro  recommended  by  the  (i.'ith  article. 
Thus,  in  that  **  homily  of  the  rii^ht  we  of  the 
church,*'  part  'i,  it  is  said.  [Ediiioii  printed  at 
I«ondun  l()87,  p.  172.]  *  And.  according  to 
this  example  of  our  Saviour  Christ,  in  the  ])ri- 
mitiye  church,  which  was  most  hoi  v  and  godly, 
and  in  the  which  due  discipline,  with  severity, 


unto  rebellion  and  diaobodience,  to  th^  great 
scandell  and  disad wantage  of  the  Protestant 
reformed  religion,  the  professors  and  preacben 

Mas  used  against  the  wicked,  open  ofiendert 
were  not  suffered  once  to  enter  into  the  house 
of  the  f  lOrd,  nor  admitted  to  common  prayer, 
and  the  use  of  the  holy  sacrenents,  with  other 
true  Christipxis,  until  they  had  done  open  pe- 
nance before  the  whole  cliarch.    And  this  w« 
practised  not  only  upon  mean  {tersons,  bat  abo 
upuii  the  rich,  noble  and  mighty  |»ersons,  yes, 
ui>on  Tlieodosiiis  th:it  puissant  and   roi|«kif 
Emperor,  whom,  for  committinjg  a  grieroni 
'  and  wilful  murder,  St.  Ambrose,  Ssliop  of  Ui- 
Ian,  reproved  sharply,  and  did  also  excomiw- 
nicate  the  said  I'^mperor,  anil  hniught  bin  li 
open  penance.    And  they  that  were  so  jorfy 
exempted  and  hanishetl  (as  it  were)  from  tM 
house  of  the  LiOrtl,  were  taken  (as  they  ke 
in«leeii)  for  men  divided  and  separated  Iron 
Ciirist's  church,  and  in  most  dangerous  estiML 
*•  YcA,  as  St.  K^iul  saith,  even  given  untoS^tu, 
the  devil,  for  a  time :    And  their  compiDj  wis 
shunne<l  and  avoided  by  all  godly  men  mi 
women,  until  such  time  as  they,  by  repentance 
and  ]|iublic  penance,  were  reconciled.'    Here 
then  IS  the  excommunication  of  a  puisnot  lod 
mighty  Kmperor,  and  his  bein^  broogbt  to 
o|»en  penance,  ajiproved  of  by  the  chureh  tf 
England. 

**  From  this  the  reader  must  judge  for  him- 
self, how  ill  it  becomes  the  higii-flyers  to  make 
the  Torwood  excommunication  a  matter  of  re- 
proach to  all  Presbyterians,  even  upon  the  sup- 
position that  they  had  approved  of  it,  and  wbe* 
ther  that  action  was  so  unprecetlented  as  some 
would  represent  it.  And  for  the  formality  ted 
seasonahleiioss  of  it  at  that  time,  I  mnst  kAt 
him  to  what  Mr.  Cargill  says  himself,  and  ts 
his  own  reflection. 

'« Next  Lonl  s  day,  Mr.  Cargill  preached  tt 
the  Faliowhill,  in  the  parish  of  livingstose, 
and,  in  the  preface,  said,  *  I  know  I  am  lodl 
will  be  condemned  by  many  for  what  I  bare 
done,  in  excommunicating  those  wicked  men; 
but  condemn  me  who  will,  I  know  I  am  ap- 

f»rov(*n  of  God,  and  am  persuaded  that  what  I 
lave  done  on  earth  is  ratitieil  in  heaven;  ler, 
if  ever  1  knew  the  mind  of  God,  and  was  dear 
in  my  call  to  any  piece  of  my  generatioo-verk, 
it  was  in  that ;  and  i  shall  give  you 'two  ai^ 
whereby  you  may  know  I  am  in  no  delnsiaii 
1st.  If  some  of  these  men  do  not  find  that  aei- 
tence  binding  upon  them  ere  they  go  off  the 
stage,  and  lie  not  obliged  to  confess  it  ftM 
their  terror,  and  to  the  ^rightment  of  otheit. 
2d.  If  these  men  die  the  ordinary  death  ^ 
men,  then  God  hath  not  spoken  by  me.*  T^ 
first  of  these  was  verified  in  the  duke  of  Rotbci; 
and  the  second  in  the  remarkable  exit  of  mort 
of  those  who  were  exconimunicatcil.'* 

fVlr.  liaing,  afler  oliservingof  thisexcommt- 
nication,  that  thou|^h  ludicrous  at  present,  it  wai 
in  the  time  of  its  denunciation,  of  a  deep  i 
indelible  impression  on  the  whole  sect,  | 
"  ^Vhile  we  pity  or  dendt  their  i 


STATE  TRIALS.  SSCraklss  TI.  iGsl^or  Trtasaa. 


[875 


tlirr    (JetrstAtion  of  snrii   oplitian^   and 


'  fy  tor  ili«- 

n,  but  hy  wbicli 
nlvtt    uwi   pro- 


ill 

Vol  ,\L 

ih*^  little  rea«)n   la 

of  ibe  vusi  iiuralKjrs  wlio   uoiiltl 

rledgnt*  ihc  kiny'i*  tttifhoiity,  many 

to  ill  at  re.«jo1utiin.    and   many 

Irmetl  in  it  by  C  an^jitr^  injntencu* 

lilts  were  the  prosecuttonu  for  that 

l^in!  it  is  curious  to  oli^orte  bow  of 


br  .   .  .   ,  ,^  :   .i 

ids,  ami  a  feiv 

\  9i\  I  wilt  here  in- 

F^imtAiutiuU  two  Mbort  reports  of 


km  J,'  nY  Spnin  in 


*>1  GagjCt   com 

"i 

>rk 

birrd  from*  lh<'  (hike  some  of  those 

'■  t  oftheirrelijfion 

-V  witli  him,    us 

.      The  ihike  calleti 

an«l  f^yx-  of  them, 

,    Lii|}&U*v,    Nte^wart, 

4,  the  most  ol  th^in  yonng" 

rf'ticlit  M  lib   u  jutrp^^se  to  sen* 

^1  !  to  him  ;    but  Ihey 

initiif  ♦^^^  kin;?,    the 

such 

^'in  i'^viiy,  they 

d  «t  the  tTiini- 
riminal  Court,  the  six  i^rr* 


I  dc-'- 
iiute, 

C^li^^  f      Jtllt       (jtnl       M)      «'.  lllit      I 

veil),  ind  5irV>»rr!n»   }  iJ  me 

ottcif.     Ill   I  :  ul   vUi»a  ibey 

ifr  tbi?  (111!  eonriril,  th>*V 


^1' 


V     oot 
11  t  tlicy  were  ng  bttous 

the  ftune  on  thcii- 
takm  Umhiianikn**   motto,   borrowed 


pwicdres  c*^mrnitted  by  perBont,  and  owned  by 
wreitterss  of  the  Roman  profeasioii,  ye  alv> 
teach  yoor  di^siplcK  to  il^e  for  tliai  which  y» 

from  lb«  ptsat  Emperor  Trajau,  *  pro  me,  fin 

'  mcreor,  in  me.**- ^Gaitiock  bjivinfr-^    at  9 

committer*  of  council,  railed  at  general  OalzieJ^ 
c^lfing  biiu  a  Muscovia  beast,  who  used  to 
roast  men,  the  general  in  a  passion  struck  him 
with  tlie  pomel  of  bis  sbahle  on  his  face, 
tiil  the  blood  sprung.  Garnock  tjare  in  ft 
testimony  and  protestation,  all  \irttren  and 
signed  with  bis  own  band,  calUojnf  tliem  all 
bloody  muiilerenj  and  Papists ;  and  ebarg^in^ 
all  the  parliamenters  (as  lie  called  then\) 
quickly  to  reverse  and  disannul  their  wid^ed 
'  ''  .  y  bad  made,  and  thai  Popish  t^  they 
II  taking:,  and  to  put  away  tliat  sinful 
*..  If  iitieanific'  the  duke  of  York)  or  else  the* 
jad|Lrments  ot  God  were  ready  to  break  upon 
the  Iftud. — — ^LapsJey  i^as  wiser  than  th« 
other  five  ;  for  he  owned  the  king  in  so  fiir  ntt 
he  owned  the  covenant  which  he  swore  at  bit 
roron alien  at  Scoon,  and  would  neither  g© 
back  uor  forward,  nor  lay  any  more  ;  so  ihej 
not  being  able  to  reach  his  life,  the  diet  wn» 
deaerted  against  him,  and  he  wqjj  sent  back  to 
the  thieves  hole,  to  be  fettered  agrain  ;  but 
while  they  were  on  the  pannets  th?  ordts  were 
taken  off  "ibem,  so  *  non  dicclmnt  causam  rr 
*  vinculis.*  5<'<ore  inclosing  the  assize,  they 
fifave  in  an^i''  ^  - -- rr,  subscribed  with  all 
their  IoumIk,  <  m /r  blood  on  tht^judjff^, 

and  summouiu^  .,.  .,.  to  answprat  God'n  tii- 
bintnl,  and  rvflectinij  on  tlieir  iiojusl  and  bar* 
barou«  denliusr  with  Mitchell,  Me^ieurs  John 
Kid,  and  Kin^,  and  alledgin^  Mr  John 
Kllies,  for  pursiimfx  I  hem,  died  with  horrors^ 
iind  for  kilhngjwnies  I/cnnonth  only  for  be- 
ing present  at  a  field  convenliclo,  wheVe  a  man 
wa^  killed,  ike.. — Thif  five  w<?re  found  guilty 
by  ifiejury,  and  condemned  to  be  hanged  in 
the  Gal  low- lee  bet  »ivt  Leitb  and  Edinburgh » 
on  the  loth  of  Ortcil>er ;  their  heads  to  be 
Miuck  off,  and  f^nt  up  upon  pricks  upon  the 
pleiisance-port  or  Edioburg^li  ;  and  Forman*« 
hand  (who  bad  the  f*  ■-  •  ^  '  ^'-  \  to  be  cut  oflT 
all  re  ;  all  \vbiilt  w  tiof»c  ;    and 

tliey  <lied  obstinati  ^,  Luowledging 

any  fault,  or  reirueting  their  errorSf  or  allow- 
ing Qiinisters  10  pray  lor  thciu ;  but  reviling 
and  cotHtemulag  tficir  judges,  and  aJI  that 
differed  from  them.  Their  iHhlteii  were  stolh^n 
up  by  Kome  of  tlteir  party  lW>ni  tmder  the 
gibbet,  and  reburied  in  the  West- kirk-yard, 

♦*  October   11,    J6ai.     The  duke  of  York 
called  a  couneil  extraordinary,  to  send  a  way 
'    '         I    "  *        lo  of  so  de- 

to  Flanders, 
ifij^u  iiiL't  i>«tt  I'l'ii-iji  ii.,  hjicy  bc^an  in 
that  wimererv  slraui  apd  dialect  wi^th  their 
neighbopr'i  **fiA  ^i,  r*'  f  nt  b  !n<riul  iht  dftv  he- 
fore:  bi:  '), 

that  tht  .,  '^ 

thti  ues.^* 

^i■ .  ■  vol.  4.  note  IV.  calls  tliii  the  only 

instant,  whi«h  Urn  btt  fouad  of  an  •quivooaJ 


I 


•hiit  ftwl  aliutie  to  ou  uf  ^anil  ^ve  Iwintf  tijka 

tib  n  I  ',  *  aiul  kirds  of 

Privic   '  ,  'i     nt  q4*  July,  ifl* 

«taiit,  au€;nt  your  tr«a8on»ye  |>raolicei  mui 
i>n(i4^7pl<Bi  aUrve  mentioned,  ye  ibr  saiJi  Mr. 
bon&ld  Car^ill,  >lr.  Waller  Soiiih,  anil  Mr. 
James  Baig'tTiave  n>ostt4'ettMMMil^e  denied  mod 
ilioowned  Uie  kui||^'«  iiia|«slici  B.uttinHtie»  ma 
aowe  csudilifliad,  ded&riDg  tUM  ye  sre  oat 
'  V  '  !;?cd  to  obey  it,  and  ye  the  wid  Mr.  WatWr 
I  does  «xpreJtB»tte  iliMiwn  the  king's  auUio- 
i  '%M  *qA  power  in  makettig  onudges  mid  calling 
of  parlmneots^  afiseitiog^,  iml  if  ye  dicmla 
owne  tlie  lamtv  ye  should  own  the  toketi^ 
away  of  your  own  lyff,  dcclairiiig  it  tberby  to 
b^  your  oj^ioion,  that  tha  ovraetog  tlie  king^a 
aotoontae  m  us  mat  a  cryme  as  self  murder. 
And  ye  the  said  Mr.  Jaiuos  lioig  did  refuse  to 
ttgne  Tour  declaraxion  emmined  befor  the 
coundU,  and  tliai  Utcauiie  it  would  supply e 
«ie  aekoiiwledgemaiii  of  the  kin^^s  authoritie 

liuinatiity  in  the  duke'e  adtoiiiistratioiii  whicli 
therdbre  it  would  be  mijusl  towarda  his  cha- 
cacter  to  suppreas. 

**IlM8Wier  11,  16B2.  At  Criminal  Court, 
lltree  BolhweUbrld^e  r«hela,  called  Cochran, 
fUlajt  aad  Rot^itton^  are  pannelled  for 
bemg;  were,  at  least  far  Obownin^  the  kiog'i 
^ittBonty,  and  ciiUin|!^  hiai  a  tyr&ut,  and  re* 
teil^lo  Oill  Both  wei- bridge  a  rebeUiou  ;  tii^y 
were  vxmtmmd  ta  be  haoffed  on  the  I5th  Do- 
remb^ff.  Robertfloii  aaid  baldly  to  the  king  s 
advocate,  that  lie  was  maintain iu^  no  more 
tban  what  he  had  sworn  tu  in  the  test ;  for  by 
iU  they  bad  all  a  worn  to  Knox's  old  confession 
of  faitu,  and  »o  by  it  were  bound  to  suppress 
tyranny  as  well  aa  he/* 

Aa  to  tbifi  flee  what  Foitntainhatl  (i  1>ee.  149) 
nys  in  hk  account  of  the  p>roceedin^  in  tha 
parhament  of  1681. 

•*  In  the  act  of  ibis  parUanient^  aneot  the  as- 
ierting  the  succesiion  of  tlie  crowii,  these 
words  {which  are  twice  repealed)  arercry  ma- 
terial, and  deaerv€  deep  consideration  j  **  That 
it  abail  be  treaaon  to  alter,  LaTert,  or  suspend 
the  nest  heir  from  the  admmistmtion  of  U»e 
ffOfarnment,  aecordiog^  to  the  laws  of  th«- 
kingdom/'  Ergt>,  the  atledgeanee  ceescs,  if 
the  next  heir  administrate  contrary' to  the  stand- 
ii^  laws  for  the  Pretestont  neli|non«  or  seek  to 
ililrovkioe  Popery  :  Tliis  consequence  is  the 
•ame  with  what  ib  deduced  from  the  15th  and 
^Mh  atliclea  of  our  old  con^ission  of  faith  tn 
1507,  limiting  our  obedience  to  the  magistrate 
whiJe  lie  dotn  tlie  lhtn«^  appertaining  to  his 
Mc^f  duty,  and  charge." 

*  ^Mjtaking  of  the  duke's  coming^  to  Scotland , 
Hkidn  (Hind  let  loose  16 T),  says  «'  Aoti- 
dbrvt^  began  to  blaze  bis  bravery  in  the  »obtan 
and  shanaieftil  rece|itio«i  of  his  harbjn^r,  that 
-pftnip  of  the  llmmah  whore,  the  duke  ^  York  ^ 
who  bad  now  pulled  off  tlie  mask  under  wbich 
lie  had  long  covered  his  AaUchri&tian  bigolry/' 


87dJ      STATE  TRIALS,  33  Charles  IL  i6Bi.— Trial  i^CMrgiUmml^i€r9,  [(jgO 

(which  ye  rtBotuiiie  and  oliauiMilie  dsofirtw), 

and  that  to  such  ^t  Uu* ht  ri«;  \  *•  xi'Al  uai  iW  Tt.^ 

Wast  act  that  v 

est  ackoowtecf^'  i 

which  ye  most  trt: 

dij$<jwiie  anrl  rtrntrrn 

Mr.  Iloui  ,   Ml     \\ 

l^)r,  Jami  vejntwfttre 

of  his  royiUI  lii^jtiuet,  his 

nuM^iimei ,  and  torda  of  ci 

tied,  and  rB&ib.iii^   *     ' 

bridgf,  ill  Jiiri 

t)iat  thcj'  wcT  I 

persuit  ofthct: 

tbat  they  rose 

said  31r.  Doiur 

St  ilic  Ibrsaid  i 

in  October   lOHU*  but   inovi 


1ii«4    »^..  i    (WO 

•  OS  UiwVtill,iaA 

^^*\  aiid>tlb 

ve  iirtieM 

^  Tanroid, 


ar-nitT  whither ysdU 

or   not,  1^ 

iri*«irt  ais«  «och» 


- -..via. 

r  Uie  cotuniaadi|||f 

d\  ueo^te,  wboiir 

thw  pfitv 

'  hffls* 


cliue^,  and  tx-fu^*^  to 

excommuoitat  the   ' 

preteiMT^e  thst  i'  h  »< 

staatic  iM 

catorie,  ii 

mcuf 

aod 

thiiik  the  reasons  *y 
oalioojufttjpAHi' III 
thekingis&tiil 
armes  to  de$ir 

standing  in   tber  owne  i! 
led£pcs  and  rightv  rtj;;ninci 
au(i  injuries  ot 
thed  in  fields,  n 
of  the  people  of  God,  u^^ 
ligion,  whirli   ground  oi 
botli  most  i^fie  and  tref«v>r>»i 
treaaonablie  decline  tlie  judtri 
diction  of  tmr  soieraigoe  l"^  ' 
in   s^yeiug  that  tliat  m  i 
jwd»jfi-d  by  the  council,  b«' 
judical  one,  and  ye  the  s:i> 
.ind    '\Tr.    Walter  Haiitb 

kh  ihe  biu< 
d^x^jsitf  the  late  archie ^ 
particularhe  with  JoImi 
ilenn  sons  sons  to  Hriit  _^>  u^u  ; 
and  Jamek  ltus«il  in  Ketle,  ii 
partiVnUrlie  in  Hot'i  >  ' 

tide  holden  at  the 
the  -t 

said  Mr,  Doh 

preach  yf^'"^  '  -.. 

and  ye  til  bafttris 

owDed  auJ    .        .  laifOtuiUe 

above  meouoncd ,  called  the  8anqtihAr  1 
tiou,  in  the  hujil  lit;ad  and  artic&BB  iLamit 
having  read  it  of  ur»  and  liaving  svta  mad  Tm4  ^ 
former!  ie  as  ye  cotifcKse,  aud  ye  tjie  uid 
Mr.  Walter  docs  al»o  owne  and  adl^KV  9s  Iki 
sameo  with  a  certain  ghjsae  myl  ioti 
of  your  owne^  but  meat  trea^HiabUe  < 
tbat  lie  cortainhe  knewe the  k^Dg  is  alK'  i 
and  ye  wish  he  wcr  nui  a  ty  iiiai,  thereby  6p^ 
eluding  thai  he  U  a  tyrran  ta  youcr  naiiiw> 
and  that  ye  ffe  iorie  he  la  aae,  md  llto^dl  d 


[)aUlCai|ia  j 


Mfi  10  answer  aoeiit  the  muixkn*  com* 

inart^   upoa  tbc  lat*  arehbi^iUap  of  Ht.  An- 

ye-i  3^e  tlie  said  Jllr  Dfmtiiil  <io^  ftsaeft 


f 


^ATE  TRIALS.  33  Chaklbs  IL  16Sl.-/or  TttMon.  [M 

who  w^  inifrigOTieil  for  tber  tcoMciofi  to  the  i 

i^id  rebellioD.     Lyke  a§  b. :'     '  ' 

oivnvtl  and  derlin^d  Itie  ki 
and  his  autboiitte^  ^e  the  H.4iM  -  'm- 

aon  haying^  that  \e* would  l:t^t  !  \  rt'at 

BO  dear  a  rate  as  by  Miytiig  Gotl   ,. ,  ^.    ...  i-m^;  j 
aud  ye  have  decbired  it  flft  lawtull  to  kilt  the  j 
officers  of  his  nnvjestie**  nrmj,  ai  it  is  lawfuli 
for  his  tnajeslie'sjud^e^lo  exec  lit  justice  m|M>ii  j 
rf'hdhous  traitors  like  yoiiret*ff,  whom  yr  call  ^ 


jfive  yiiur  sense 


natiJe  and  Jesuitical] 
"It  and  murder,  and 
[\^  a  call,  Diav  faw- 
lo  case  of  Phmeas* 
sidtTatifin  ye  say  ye 
f  the  archbishop's 


SKird^r^  thereby  insinimtint^  tliat  the  murderers 
f  a  Cftll  and  did  rimrdcr  f  awful  lie.     Of  the 


frhifk  ti^as«Hiah(e  crymes  ^^hovetut'ntioned,  ya 
•lid  Mch  of  yon  areut'toi^,  artaud  part,  which 
Mnpf  found  !ie  ati*>  assiir,e,  ye  oiig-ht  to  be 
flUaished  wrth  foi  hudture  nf  I  v  If  luads  and 
giMidKy  tfl  tho  terror  nt"  othris  i*»  coriiaiit  the  like 
ScraDer.  And  ye  the  waids  \Vm,  TliotTip?*ou 
•ml  WiiK  Coolhill,  ure  indyteit  »nd  accused, 
l^^it  will**'  r.ntnaii^.irv.i,!lMi.  [j(.  fi,..  fms  !ind 
ttett  '  '    yt^t  ye 

^feacli   ^  ^1  iud  ns- 

nrd  10  Ilia  in;i|t'*»tip'a  autlior^tie  and  lawc^^ 
K«rfr  prr'-.iimcd  t»i  ry^se  and  joy n  with  the  fw* 
%'   ■  ^  in  ariji«S|  ut  BoihweH -bridge,  in 

J  .  ,    .  and  to  emitiuiie  with  them  cotn* 

WoAthvL^  all  nctsnf  hostdity,  reMHon,  and  hi^i 
n»  Idl  they  wer  delitte^and  sickly kc,  you 
M  iifmn  tiie  day  of  ,^  assist  to 

tikin^f  of  two   [wisoncrs   fiirth  of  Airtl^ 

Mi^c  Numb,  chap.  JUV^ 
if  K(*r*JmWs,  chap,  ifr, 

—Many  pilgci  in  the  He* 

i  other  Hcolch  tflsev  ins^ed  in 

CaNee^tm^  tiMt^  prools  of  rcmarkatde 

I  ini  tiM!firn?fStiteai  in  the  liecord* 

IjiMlidary  frtNH  which  flnfy  w«^  tranicrih^d. 

Htiine,  in   h\u  falunhfe  and  instructive 

^  ha^  mentioned  mitnr  tni^tances 

ecliofi  in  thesr  It^^-cirrlii/   The  fol- 

f  I  hate  nnfed  amn»i^  others  : 

I  thttt  certain  commissionf  of  tOflg^ 
in  the  biiftks  of  Hdjonrnaii  as  if 
llKf  limes  of  their  en  try ,  which  are 
\  later  tlian  the  true  dates  of  the  corn- 
See  of  Description  and  Putrwhment 
»  voIp  It  ^p.  2.  17.     Ho  he  metitinns 
I  of  abrtdg'tnent  and  mutilation.     Bee 
cription  and    Punishment  of  Crimes, 
.  1,  pp,  '14^,  550>  26 1.    Of  Trial  for  Crimes, 
^1,  9,  pp.  8^*5.  t\99,  416.     So  omi«dons.    8ee 
TiripOoTi  and  Puim*«tiuienl  of  Crini»'»,  vof  1^ 
,  25S.  534.  %bb.     So  omissions  of  the  whole 
See  Ilescri()ttmi    uttd   Punishment   of 
,  fof .  1»  p.  351 .     Trial  for  Crimi'^,  yol. 
\9t,  Wl.  417,418,     And  oitm^ons  of 
rdie  libehr^  where  there  were  more  than 
f  Trial  for  Crimes,  vol.  '2,  n  IvSzt.    I*m> 
one  of  the  whole  Reconls.     Description 
^imisbnflcnt  of  Crimes,  vol.  I.  n     r  .,    So 
on  of  Arguments  aud  Jf  on 

1  povnts.     DescHptiftfi  at:;  \itttix. 

^  Crimes,  rot.  1,  p.  43^.  Trial  ior  Crimes, 
2,  pp.  U9.  159,  160.  169.  18t,  la-^t  18a. 
>494.     Hoiiu  > I  of  only  short  notes 

#ra  label.    Tria!  ,  toJ.  2,  p.  45.    So 

WMiof  mnfofrnny  in  mt.*  Hee»r|fl*as  to  thvia* 


youreef 
the  people  of  God;  and  ye  the  sai  i  i 

Coothili  has  most  trciisonahlie  deeL  t 

ve  think  the  king'  deseiTCs  to  dye  because  Ltf 
lias  hrocken  the  covenant,  and  presics  othei^  < 
}iersom}  to  doe  it  hy  his  forces^  and  has  int»st 
falslie  usserteil  that  he  lias  caused   take  the  i 
blikMJ  of  many  upon  tliat  account.    Lykeos  ye  | 
hute  must  lita^iphcinouslie  dccl aired,  that  those 
who  murdered  the  urch bishop  of  St.  Andrews 
hade  the  i^loric  of  Go<i  befor  thcr  ^yt:&^  in  Ihut' 
act,  the  whilk  cryuicH  ye  hate  not  mdy  cO«- 
fesscil  in  pjvscucc  of  his  mrijestie*s  privic  coun^ 
cill,  but  ahrt  in  prrs^«uoe  of  h»s  royall  liil^hnes  I 
his  majeM  t^ommissimier,  and  krrds^ 

•f  privie  L  u  the  l'2th  of  Jaly  insUin^ 

ana  of  the  vibilk  ny  mcs  abore  speciAt,  y^  aaa  ^ 
ilk  one  of  you  are  actors  aK  and  part,  whiclk 
t       ^    '     nd   be  anr  j^^ht  to  be] 

.  ith  the  p;:  I itrfiinlture  , 

;i....  .....1  ideation  of  i.^.i<.^  ..u..i  t.«w...i4fs,  U\  tbe^ 

terror  of  others  to  commit  the  Uke  heretW. 

PcTictecr. — SirGuorg^e  M'Keujftie,  of  Rose*  I 
hr^ugh,  our  Soreraigne  Lord's  Advocate. 

His  M(ije»ties  Advocttie  produced  the  Indyt* 
ment  and  Precept,  therupon  deulie  execut  a»*d 
iiidorsat*  togitlifr  with  ane  Act  cvf  couneiil, 
wherofthctenorfolloweBj  <*  Edinburgh  the  li>lU 
day  of  July  lOKl,  his  royall  iMsrhnes  his  ma- 
jesties high  commissioner,  and  k>rds  of  privie 
councill  doe  hereby  g^if  o  order  to  bis  mujesfiea 
adrocate  to  persewe  a  proe^  of  forfauUure  be- 
for the  Lords  Coinn" •■•""""-  -*'  ;.,,,„,.,. 
agrajnst  Mr,  DonAld  < 
Wr.  James  Boi;j<  Vv  ....._., 

Ham  Coothili,  | 
behiswarrand. 


r  which  « 
1  y  me.  Fa.  ■  - 

Theljords  fmdfi  the  Dittays  relevant,  and  i^- 
mitts  tiie  same  to  the  knowledge  of  the  Assize. 


Asaizc 

Hugh  Rtair,  vintner* 

John  Aitkin,  goldsmith. 

Jainc«  Oruhum,  tintner. 

RohertMiln,  mason. 

John  Colcndar,  smith* 

Ale>:ar\der  Isack,  plumber* 

Mr.  Alexander  Rohertson,  brewer. 


aertion  of  particular  matters.   Trial  for  CrinieSi 
vol.  2,    pp.   15a,    ltk>.    171.    180.    IRn'     •!!%. 
Moreover,  it  appears  thai  during  son 
the  Records  are  uot  extant.     See  U 
and  Punishment  of  Crimes,  vol.  1,  p.   liU 
Trial  for  Crimes,  vol  t,  pp.  4«,  IQO.  \m. 
143.  543. 
3L 


883]    STATE  TRIAXS«  35  CuAUSS  IL  iQKi ^Truit  t/  CmrgUi mi  ^kert. 


Ctpl.  Andrew,  rvrreder. 
Williaai  Bruc^,  italil«r. 
limes  M*Cubie,  merchafit 
WitlUm  Uunbar,  of  PaiUinak. 
[iCsjHilin  Aoilrew  Cajsie. 
Alejcaad«r  CrutcUiitokit  merchfttU 
George  Wf  ir*  Urewer, 
Andrew  Joboslauo,  lOmliler. 

s  Assize  UwfuUie  swome,  uq  ol>jecti<m  In 
.J  cootrstf . 

Hi  J*  MtjeslJcs  Adfocat*  for  Probntion,  ail- 
dticctl  ibe  p>ana»lJ^8  Exammations  and  DccLa- 
ratioDS,  wberof  tb«  Uiior  follotrei: 

EoDiBVKCEf ,  tlie  f)  iteint  of  J  uty*  1 68 1 .  In  pre* 
seoce  of  bis  ro}  all  big^btu-s,  bb  luojcsUus 
iiigh  C4>nitiibsiuiier,  atid  lionk  of  bis  ma- 
joitlet  Prine  Councill- 

ExaMiMATiON  of  Mr.  Donald  Cars^UI, 
Prisoner. 
Mr  Vtinaid  Cargiil  bemjT  e.xanuueJ  and 
Dteiwat  if  he  owntfft  tbe  kind's  autbonlie, 
and  ue  king  as  bis  law  full  prince  answera 
as  tbe  inagistrates  aulliorilie  is  uowe  esta- 
blisbetl  by  tbe  act  of  parUament^  anent  su- 
pn^macy  and  explanatorie  act,  be  iJenjjs  tbe 
same.  Bein^  iiitcroifat  if  ht  <t\\  us  the  king^  as 
tiis  bv^-ful  pnnoc,  I  or  no,  rcfuites  to  ^ve  any 
olber  Aiiswer  tlitn  as  aluri^aid.  Beia<  iutero^at 
if  be  keept  a  t  uro  tiittcle  at  Torew  ood  ia  Oc- 
"Iftber  1680,  Cinifeases  be  prcacJied  in  tlie  Tore- 
in  tbe  fields,  being*  inlcrogat  if  be  ex- 
ntmiuicat  the  kiug  tber,  an&wers,  tbat  ques- 
beittt^  a  que^ticm  mcirlie  anent  aoe  ecclc- 
^osticall  inattei,dechureslhit  be  cannot  answer 
it  bf(br  tbe  couudll  bein^  a  ctvill  juilicaiore^ 
autl  tbat  be  wils  cimtait  privatlie  to  gixe  aiie 
account  of  all  tbe  reasous  of  all  his  txcommu- 
^JJJcalioiis  that  be  ever  matle  or  prouunced; 
einpf  pressed  to  a  direct  answer  ,  I  or  no,  idu^es 
>  make  any  fardcr  answtr.  Being  iiitcio^t 
ben  besawe  any  of  Uioiie  ubo  killed  {bearcb- 
..sbop,  or  knewe  any  thing  of  the  iiittutiuo  of 
' dofcing  it  l>eibr  i1  was duDc,  detlaires  be  knewe 
nothing  of  ibe  intention  fiefor  it  was  done  being 
tbtiti  oi  Glasgow^,  and  confesses  he  knew  Bal- 
Hmr,  Henryson,  and  Russill,  but  thinks  he  did 

♦  **  In  parliament  there  was  an  acciisation 
uraishcd  agtiiiisi  the  king^s  advc>cate.  lnir», 
?or  reflectjijg  highly  on  the  parliament,  by 
tying'  be  saw  scciiucios  Bolhwc!  bridgx!  faces 
lilting  as  meuibetTS  of  pavlianicut,  w  hertaa  be 
illedged,  he  spoke  only  u[tou  a  siif> position,  if 
|he  burrows  liad  liberty  to  vhujie  w  hoiu  they 
please  to  repix'scnt  them,  faetious  aud  dislo^ul 
sons  might  prevail  to  g*il  thenisolres  t)<  l1- 

I,' But  I  hopt ,  en*  they  t!iilei'i.'d,  they  i>c- 

i>f  ed  to  take  the  oatits  of  ulM^eance,  siJpke- 
nac)*,  4*0.    Silo,  He  was  accused  for  sayin*^  at 
be  tnal  of  Mr,  Donald  Car^dl,  on  tbe  v:J  of 
July  last,  that  tbe  per  milting'  the  coiumoa  jieo- 
r^le  to  read  tbe  scriptures  did  more  ill  than  ^uud : 
L^'bicL  WHS  a  blasphemous  popish  crrUF.'*     1 
[F^^ntainhair^  Dedsious,  K'O, 
1 


\m^ 


001  see  Ballbar  of  KtnMb*  ibew  tir<i  jofs, 
bin  did  see  tlw  atlisr  two  ^fitkm  ihtmt  li»cltt 
months  or  llMnvb^  I*  the  l»csi  of  lus  know* 
liidge*  Tbe  c<^|iie  ciC  ibe  •ermofi  alt^^TH. 
preached  be  biiii  at  Titrwvo^^  beiuL' 
and  he  u^kt^  it  ibat  ^^^  ibe  oo^vf^v^  ^ 
sy  t  es  a  ly  me  to  cooshider  tlitf%r«  ^  >  ^ wn, 

tteini^  irilerrtijpil  if  he   ibiiiLs  ug  it 

Bothwillbridj^e  was  a  rebeiif<m  Sj^aJiist  iSk 
king  and  bis  authoriue,  deeUircfl  be  o«M  4s* 
feihiif  e  ariu«s  in  case  of  ueoessi^  sod  ikisb 
those  thai  rose  at  Botliwd  linil|;v  ««r  Mt 
rel^etU,  and  tbat  he  thinks  cbey  wir  offR* 
and  n>«e  iu  ther  oi*  ti  dclenee.  Bekuf  tirtO«frt 
if  be  was  ^%ith  those  wws  to  mnmm^  H 
Airdamotte,  refiiMs  to  anmrcr,  and  MB}m 
it  may  be  mwAe  «nit  a^sicst  bim.  B«mf  ii» 
terogat  if  be  was  with  lb«se  ircr  in  Mwm 
at  Both n  el  bridge,  be  makes  tbe  %»me  wnmm* 
Being  iHterogvt  if  he  was  at  th  >  -  >/  tbe 

Declaration  at  SaiHptt^^r,  den^  s  \ ioB| 

inieroqrat  il^be  bade  any  aoceaairm  lo  ti^r  ( 
m^  of  tbat  dedantMMt  «r  pentied  lb« 
refuses  to  give  answer  tben>|fon,  but 
be  did  not  $<*e  it  till  efter  it  waa  pt^ 
Being  interogat   aoent  that  papiar  calM  Ik 
Declaratifm  at  Sanquhar,  and  if  b«  owmi  ik 


piinciplfs  therein  <:ootained  ;   refuses  to  rvlkt 
aus*ier  and  desyres  a  tyme  Im 
not  that  be  is  unwDhng  upoti  i 
to  declairc  his  judirment  then  i ; 
called  the  Fanatick*a  Newe  C 
^11 '^Coienant, being  alMirfa^d  - 
interogTil  if  be  ownrs  the  pi 
contained,  makes  aaswn 
intei-ogat  if  at  his  prest 
his  lecture  was  u]>oo  tlie  t i  ^rn.   :«^f,  ^n,  md 
sr,  v.;   confesses  it  wa«  so,  beuw  intuiMt 
wber  bis  text  was  to  his  stTradn,  £clalfHr» 
remembers  oot.     Being  intenigat  if  be  sbiib 
tbe  killing  the  archbishop  of  St.  Andrews,  nn 
a  oinrdifr,  declaires  tttat  he  canttot  gi^ 
sense  llictof,  but  declaires  that  the  sen ^ 
baves  the  Lord  gilding  a  call  to  a  i>rivat  maa^ 
kill  he  Qittrht  doe  itlawfuHie,  and  in^tacof^ik 
CS^  of   Phineas  and  Jael.     Oeiiujr  inltriv>t 
whither  he  thinks  tlie  king  by  bin  tailing  inm 
the  drill  right  as  km, 

be  <:  matter  ecclcsaaatieiif 

and  i..uiuipi.  au^««ti  iMii  litdt  he  is  ii<^t  vbtctdgii 
to  oU?y  the  kint^^fft government  as  it  is  nowess* 
tablislied,  bv  the  act  of  supremacie.  B<iK 
interogat  wh^r  be  wb«  tbe  ttigbl  bafoTi  IH 
tfier  he  was  al  Queinsferni-,  det^l aires  be  dofs 
not  no»e  reiueiiiberfbut  i  ly  < 

oiiicrs,  he  thinks  be  ia  nca         i       ^  i  io 
Bcin^  interogat  when  he  wa&iu  Fyl^t 
he  wan  tiier  u{kju  iSuudav  was  a  tw<^tte  diyis 
or  a  inotitb  and  prL*acbei1  in  Dt-rait  >  '< 

tbe  fields.     Beiii{r  inlcrro^at   if 
ilenrysons,  sons  to  11*'?' 
bja(!hmout,  vias  present 
lesses  tber  was  one  Johu  airm\>Am  mr-r.  wi 
whose  son  he  Ih,  be  kuowes  not,  be  cbinla  k 
was  a  nmn  about  thrcltte  yeiuv.     Being  in*^ 
royi^at  \^  ben  be  was  in  Surhn  ahire^  qr  Cr^- 
madfi  dcdaireihe  was  nut  there  iLvs^l  tmUf 


35J 


STATE  TRIALS^  33  CHARtES  IL  iSfil.Wof  TWaitm, 


oiiethf,  dtdj^B  be  was  in  Angus  these  tUrec 
>  four  J  ears  pftst. 

Sit  Subicnbifur^  D»  Cargill. 

Cn.  Maitland,  K  P.  D. 

EomBDRoir,  the  tmb  July  16BI.  In  presence 
of  his  royall  highnes  his  majesties  hijrli 
coinmtiislotiert  ^lul  Jond*  of  |»rii i«  council. 

Mr.  DonattiCargitl,  being  calletl  and  cxarain- 
'cdyifhco^rned  his  sermon  preached  atTorwijod, 
iii  wliieh  he  excommunicaU  hit  majestic,  and 
^biA  to^al  lii^^hnei  ami  oihers,  anil  it"  he  ownes 
^^be  cxcomtnunieaiion  cf  the  king;,  and  dudn^ 
pVii  uodcr  the  name  of  Charles  Stewart,  and 
m&  a  tyratme,  answers  if  tlier  was  ane  exeom- 
municatioD,  be  could  not  ausuer  for  it,  but  be- 
^*-  ane  ecclesiastick  court ;  it  bein^  ane  eocle- 
-itick  act,     Hein|:  aikecl  if  in  that  cxcomruu- 
ation,  he   named  his  niajestie  under    the 
DC  of  Cbarles  Stewart,  and  as  ii  tyiiuie  ab- 
iTWt  from  the  excocninunicatiout  refuses  to 
iswcr,  Behig-  loterogat,  if  be  ownea  ihe  |nin* 
plea  specjfit,  in  the  iia^jer  called  Carg-ilPs  Co- 
Qani,    and    the  wards   ihcrin    rclnttd^   de- 
uresbeJms  not  yet  huile  sutficient  time  to 
filler therof,  and  cannot  ansner.  Beiujn* inte - 
at,  if  he  ownes  tlie&e  ])rincij>ius  metitioned 
that  paper  called  the  Declaration  at  Sao- 
ibar,  and  if  be  sawe  it  belbr  it  was  publisbed, 
to  the  first  vnll  not  answer;  but  declaira  be 
did  not  iee  that  Declaraliun  befor  it  wa«  pub- 
lished. Thcsixtarticle  of  that  paper  called  Car- 
gill'i  Covenaat  beiiij^  read  to  bini,  be  refuses  to 
maiie  answer.     Being'  interograt  who  was  the 
ftulbor  of  that  paper,  and  who  nrott  it,  refuses 
^  laniwer.  Mr,  DooalJ  Car^ill  dedtiirs  in  pre- 
pceofthejusiices  and  assy se,  that  the  Mor4 
"ila&atorie  in  his  confession  is   to  he  iinder- 
I  thus,  that  the  act  explainiii£f  the  king^'s 
eniacie,  gives  him  a  rig:lit   to  the  nutbo- 
lic   of  Jesus    Christ,  and   that  zinprenmcie 
^en  by  act  of  parliament  is  ut^nst  rig:hr. 
Donald  Cargill  fariJer  declaire«,  iJiat  those 
|l  ros»e  in  arms  at  Boibwelbridg^e  wcjc  not  re- 
Jls,  and  that  they  wcr  raised  by  oppresrsiou. 

kCharUi  Maitland^  of  HnHoun,  lord  Tbe- 
irer  Deputy  Imvjn^  heard  a  Conff^ssif^n,  enn- 
Uetl  by  Mr.  IJonaTd  Car^ll,  paonalh  in  pre- 
W3e  *^f  the  priTie  council,  w  reilten  by 
IJuj^h  Steiuiion,  and  sub^trribed  by  the  saj'd 
Jl|r.  Donald,  mid  by  the  deponent  as  pre- 
liiieDt  of  council  I,  depones  that  he  did  by 
warrand  of  hij«  royatl  htghncs,  and  lords  of 
[tciTie  council],  as  tben  president  of  councill^ 
examine  the  said  BIr.  Uonald  t^argill,  upon 
tbe  interrogators  nienlii>oed  in  the  said  con- 

Maiid  depoui;,  thnt  the  answers  made 
ke  saids  uiterro^raiDr^  wer   trnlie   and 
Emmitied,  and  iiinde  by  the  said  Mr. 
ai*  ibey  are  sett  down  in  the  said  paper 
ibove  mtfolioneid,  signed  by  the  pannall,  and 
\d^  dej)Ooefit   as   pre«ident,  and  wreitten 

m 


;;h  8leinson,  and  tliis  in  the  truth  as  he  &liftll 
ler  to  God. 
Sic  Suhtcribiiur^       ChaRLBS  MAtrLAKD. 

IZm^A  Sittvinsm^  under  ckrk  to  tb€  etmiMtl^ 


cited  as  a  witnes  against  Mr.  Donald  CargiHiJ 
upon  the  a  bo  le  wreitten  Conte^ion,  enimittea5 
l>e  him  be  For  the  council  I,   and  the  deponerj 
ha»  in^  read  over  the  «aid  Confession,  as  Btr, 
Donald  Cargill  emmitted  the  same,  be  depotit 
it  h  wb«illie  hia  barrd  wneitt,  and  thai  it  wa 
eniitted  hy  him  at  the  councill  table,  and  tbd 
htiill  interrogators,   and    answers    therto 
trirth  to  the  bt'sl  of  his  knowle^lge,  and  that  th*  \ 
margins   and  amendiaments  wer  made  by  the 
said  Mr.  Donald's  s]ieciall  ordor^  upon  readings  < 
over  the  confessions  befor  the  councill,  and  tbi*** 
is  the  truth  a^  he  shall  answer  to  God.  ^i 

Sk  Siibscribiturt       Hugh  Steivinson. 
Hii  Majesties  Adfocat  for  farder  probation,^ 
adduced    the   witnesses  efter   deponing,   fii.*"- 
Jamet  Huwiitoun,in  IIamiltoan,calJed  Ne|K)a  *  I 
aged  furtie  three  yeai-s,   inaried,  purged  and'  J 
iworne,   depons  he  saw   Mr.  Donald   Cargill,  [ 
several  tyme*  ryding  in  armes  with  the  rebeHi'  ' 
in  Hamiltoun  and  llainiltoun  Muiron  a  gmy^  ' 
horse,  beivvixt  the  attackque  at  Drorocloge  and.' 
the  defate  at  Btithuelb ridge,  and  that  he  had^' 
sword  and  pistolls,  and  lardttr  adds  that  to  th# 
best  of  hia   knowledge,  the  said  Mr.  Donal^i 
was  Dl  the  croee  of  Hnuiiltouu,  at  a  proclama- 
tion emmitted  by  the  rebel i<i,  and  this  is  tht 
truth,  as  he  shall  answer  to  God. 

Sic  SubscribUurf  Jas,  HAMaToux. 
Gavin  trcn)/,  sou  to  John  Wood,  in  Smid- 
dieayd,  ageil  twenty  yeai-s  or  ilierchVi  uomar- 
rieil,  purged,  and  ^iwom,  depone,  he  sawe  Mr. 
Donald  CargiJl  in  c<»ui|>«ny  with  the  rebeHs,ryd* 
ing  on  Hamilioun  Muir,  on  a  gray  burse,  in 
armes,  and  heard  him  preach  to  the  rL^lK-lla  nt 
the  jtark  of  Hamikouu,  at  the  back  .  f  iMi% 
Jnmes  Naesmith'ii  yanl,  with  a  swoni  about 
him,  depous,  this  was  a  week  bctorc  the  rcbells 
ilefate  at  Both wel bridge,  and  this  is  the  truth  aa 
he  shall  answer  to  God^ 

Sic  Suhicribiiur^    Gavin  VfOOD. 

Wis  ^lajesties  Adrocate  adduced  against  Mr. 
James  Boig,  Uia  Contessiuu  efter  iipecilit ; 

i 
Edinburgh,  the  ITi  July,  1G81,   Inpresenceof 
his  rnyall  higbne*«,*his  majesitics  high  com- 
missioner, and  lords  of  liis  majesties  priry 
council. 

The  ExABiLVATioN  of  Mr.  Jamea  Boig, 
Prisoner, 

Mr.  Jomes  Boig^f  son  to  James  Boig,  mer- 
chand  in  Edinburgh,  being  examined,  confe!,«68» 
he  was  taken  in  the  conij«iny  of  Cargdl,  de- 
clatres,  he  ownes  the  princtptes  of  thuse  lliiil 
are  persecut  for  the  truths  of  God,  and  tlm.%e 
people,  that  were  heat  at  Bothw* T"  ' 
weie  the  people  of  God,  and  were  i 
for  Go*l,  Being  intei-ogat  if  he  oMiM<»  u,v 
ryseiug  in  arroes  at  Boihwelbridge  was  law- 
Hilh  be  decUires  it  was  forihe  deteucc  of  tbo 
truth,  aud  tb»t  it  wa*»  lawfull,aud  tiiai  these 
are  his  principles.  Being  interrognt  if  he 
thinks  the  killing  of  the  archbishop  of  8t.  An* 
drew^  was  a  mutter,  deelairee,  be  thinks  he  is 
not  io  answer  laa  the  octionaof  other  tnm  : 


867J 


STATE  TRIALS*  53  Charlbs  IL  1 6%  U^Trial  oj  CwrgUt  mi  0Uun, 


daelairet  lie  owncs  ibe  declamtioDatSatKiuliarf 
£L(iJ  ha^  dbco  rt  in  print^  fttid  bas  read  it  over, 

:U)d  i\w  same  bein^  rt'ari  to  hinif  he  ownes  it  io 
c<mndli>  in  :>n  iln  hrails  and  aiiideii  thereof, 
Beiiiw'  iies)  !  it,  he  declare**,  b<f  ciitdd 

not  doe  itt  l>v  ere  utie  ack»uwleilgiiient 

ofihekio^'tf  utiiUiittUe,    uhidi    he  ituoivueik, 
and  hi|iduiii^  of  it  would  in)[ily  a  contnidKiion* 
(6bit  ii«6fcri6<fMr»    C.  Maituino.  I.  P.  1>. 

Ml*.  lamtt  Biii^  having  beard  u  Confessions 
eimiiiittt^d  he  hitUf  upan  liie  fyftvint  of  July 
iuiiUuit*  ia  pre84<iice  of  the  litrdi^  cif  prtvte 
oouxicillf  reuu  to  hiui,  he  coufcst,  judiciailif  m 

pr*-f  "^  ^^   ,,♦    *u.. ,i.._.,<m^4r(j  ^,f  Justiciary 

ji;  le  lilt  said  Confcf' 

ft  I  sjlow  lies  all  the  •€* 

vi  .  atjd  words*  uwi'n- 

1(1  :     '    ^^**  Majesties  Ad - 

viH^aic  louk  itjsiriittii^tiUij  and  refM^ited  his  Can- 
ft-R-^i^in,  TTiatJe  irr  prt^fncc  of  the  commissiooerB 
<)i  '%  as  a  probation  of  the 

It  3St  hUD, 

His  Majesties  Advncat  adduced  agaioat  Sf  r. 
rfValter  Htnitli,  tlie  Probation  uuiJer*wreitten. 


^'  -  fyaeint  of  July,   I68h     In 


liifi  foyall  hi^'hues, 


bifi  ma- 

lords  of 


tb«liAf 

aoiweri,  he 


EmNCT 

k'^  i„  ...p,ii  commissioner,   and 
hia  ini«)estie*s  [jriric  councill. 

The  EauMc^ATioH  of  Mr.  Walter  Smitii^ 
PrJBoiwr. 

Mr.  If  a/ffr  5vu7A»  son  to  Walter  Smith* 
m  the  parish  of  8t.  Nineans,  in  Stirlin- 
tshyre,  h<Hng  intero^at  howe  long^  he  has 
beio  a  frequenter  of  Mr.  Donald  Carg^ill,  his 
ct)inpiniy,  and  has  heard  him  in  the  tields, 
declaires  he  hiis  heard  him  seviti  yean  agoe» 
Qird  si'veralUymes  witliin  the«e  twelve  nionetb»» 
and  heard  him  at  Devan  Murr,kt3iein  Fyff. 
|i«i(i|j  iaUsiTi^gat  if  he  was  at  the  coD?eDtkle  at 
TorMt^9ik/eaS,  in  (X-toher,  1080,  conJesacftbe 
irif  tber,  confesses,  he  lieard  the  kinir  and  his 
roynl  bi|^tMs  excomunicat  tber.  Being  in- 
t#rtf|pit  it  be  waif  at  SaiH|tikar«  wher  that  de- 
•lifftlioft  wa3  emmitied,  at  ihn  croce  thereof, 
r efuaes  to  a n« wer .  Bei n (^  i u t er«§fal  i  f  be  tl lin  ks 
tIawfuUto  ryse  iu  amies  againtit  the  king^  or 
bis  iiHthoritie,  upon  any  preuvxt,  declairea,  he 
lliiiiks  it  not  Uivfull  t>  inst  law  full  au- 

rilie.  ikin^  iuttTii  v  nes  the  kiiig*s 

Alliuriiie,  mi  liiai  n>»  uiuuintie  is  lawfiaLl, 
cinirea  be  caiiool  icknowkd^^e  the  ^retetit 
Hiiilbori^^  Jiae  kiti^  m  tiowe  juv4^t42d  with,  and 
thd  eBUffiwtbMtof,  being'  now  iovestiNi  widi  a 
9UpreiBa«siii  ^rer  the  cbnrch.  Bein|f  inlsro|rat 
^^  I  •  vv'UJi  «i  Bothwetbrid;^^  relii»es  to  uismer. 
l>nl^  intcrog:ate  when  he  snw  Jamea  Rui«vtt« 
i>iie  ol  rhocie  waa  at  the  kiihng  of  the  arcb- 
iliopol  Ht  Andrewfi,  det^laires^  be  law  him 
i  Coor«tilicle^  latlie  ai  DevaA  Muir.  Con- 
that  about  a  twelve  mooctb  since,  be 
^^v   V  '  r  Kiuloch,  in  HoiUmd,  deekres 

yKiu,  who  ia  aaid  to  have  b«in 
fti  iht  m^^uu-  ui  the  arch- biihof  of  Sk  AndretiPiy 


but  did  not  see  him  laltie. 

he  thinks  the  kind's  fatlm^  fr^nlbt 

louses  him  from  liis  obedivtioe,   and 

loses  thereby  his  authority,  b< 

thinks  he  is  oblcidged  la  qWj  , 

the  duty»  id  thui  cofeoanii'  i< 

word  of  Cud,  and  the  king  is  o« 

in  the  termer  of  the  cotmant 

pitt,   if  he  thinks  the  cxi> 

kitt^   lawfull  or   not,  he 

BciuGT   interoisfal  bow«»  he  \\k 

of  the  kini^^«  eicomrniitiieatiun 

thlnkfi  the  rfa^on  was  jusi,      *  nt*  Li»ppic  n* 

Car'^iU'a  u«'rm<in  being  nroduc^nJ.   and  FMta 

him »  which  he  p reached  at  TorewooH,  btli# 

part  tbereoi;  which  l»ears  ibcice  words  is  Inf 

one  of  tbe  reaM>ny  of  ibe  kin|^*s  rjc«intiiiiiiiii» 

mtton,  viz.  **  Because  the  l^g^  is  atil!  worliiif 

for  the  commanding  of  arme»,  tti  4f^rt»y  tlii 

Lord's  people  who  were  standing  in  tbeir  ««• 

defence,  ttir  ther  priviletfges,  and  rigbts  agiiMl 

tjTranie,  oppression,  and  iojunes  (if  imtkaal 

tor  the  hU>od  he  hfts  sbtd  in   fieldp.  atid  tm 

scaflblds,  and  on  the  seas,  of  the  pt«ii 

upon  the  account  of  relieion,*'  bt- 

same  as  a  just  rround,  nnd  r<;aft<<n 

nicfttiont  and  thinks  the  excf^n"  r  i. 

the  reasons  thereof,  ■•"'^*' 

by    this,    but  mne  i 

Being  inter«»gat  if  1. 

arch-bishop  of  St.  A 

chnes  to  ans^ver,  and  < 

ed  to  judge  of  the  uctioni  ni  other  ui 

interogat  \fhir-  nttite?>  thr^Unv;^'^  ^%xf^ 

the  council' 

is  00 we  ev 

thoritie  i\^ 

▼ested  WJ' 

terogat  if 

power  of 

mentSf  dt*«i.»T 

as  it  is  nowe  r 

sboitld  owne  th<  -» 

Sic  Suhtcribiiur, 


vj 


idi«*aiurir. 


or  if 


IMHV   HUUflKlit 

he  sbovML  k 

,  -vvav  of  bis  OfSfiehC 
C.MAnijkNi>.  tf,D. 


Edimburqu ,  die  19  July  16«t.  In  preacDCavT 
bis  i^yaj  big  hues  and  lords  of  eouittim 

Tbet»aidMr.  Walter  Smith,  bring;  ngmm^ 
ed  ami  interogat,  if  be  ov.  i'*jicr 

Canfiil's  Covenant^  and  t  nifs 

puntained^  wUI  mil  answer,     V 
he  uv^ne«  the  Uet'taraiion  at 
I  .1...     .-:.,.,:.  1...  therein  cont^'-r^ 

rtad  to  hi 

•  ,;., ,....:..n  <»-  "-' 

!  thai  lu'  (iot's  «i 

llif  f.-,  infill   rt| 

H  they  call 
■;'.!»»  wher  it  s.;^  ■■  ..  "  ^^'  '■ ''  ^ 
I  have  Urm  denudit  miuiy  yoiuna  agttr«  |i«r  Ai 
reasons  thereia  specifU  ;  he  does  ool  like  lU 
word  denude,  but  say  ft,  tltat  wbat  the  kof 
hade  done  should  justille  the  petprpWs  rttolbflf 
againt^t  him,  and  eyc<|)t  as  to  tnal  ftfK  ■*  ** 
the  declairmg  of  ware,  stys,  be  do«s  ootkftev 
jftbsj  w 


'Ofttf 


tarn 

ir>ibi 


STATE  TRIALS^  93CeaiiL£S  IL  lSSL-/or  Treason. 


[S90 


W4re»  and  thioks  that  tbtHiy  ihej  inieodU  only 
,  10  justtfie  the  kiUiog  of  ^uay  tbt;  km^^M  forces 
tttber  oi^ne  defence,  that  JiouUI  have  asumilted 
tHera,  IfHUit  t>tlirrway^^  it  nui^Ut  bave  beiti  es* 
teetiie«l  niuniej'.  As  lo  tbese  wc»ril»,  wber  it 
Cftlk  Ibe  king  atie  usuq»er,  auil  t^iTAnc,  \ie  tie- 
daire*  he  kuowes  cetiaialte  the  king^  is  an 
tiMir|ier,  nnil  wisbf^s  be  i%er  aot  a  tirraut.  Mr. 
W&lter  8uuih  toi^fesses  he  owneth  the  printed 
paper,  calkii  tUe  Ueclarattoii  at  batiqubar,  and 
dityrtt  the  wurd  deouile,  meniitmed  iti  bis 
Coolfiisiou  before  the  counciU,  (nay  sland,  aud 
dpr (aires  tlic  kiug  is  aae  usurper. 

CharkM  MaitluTid,  ot  UalUiun,  dep«DS,  Tbal 
llie  paptsr  cociiainin^  Mr.  Walter  ^imilb's  de- 
damtioo  beitir  tbe  ci»ttcicin  u|>on  l)ie  fyt^etut, 
■ad  nynleiut  uf  July  inatJint,  is  trutli,  hi»  lurd- 
ibip  as  ibeu  presiil^nt  of  tlie  counoill,  having 

■Mitaiitied,  and  the  said  Mr.  Waller  made  an- 
liWii  to  the  Hauie  aj>  k  inentiooed  ami  cofit*io> 
«d  in  the  sarne  paper,  tknd  tbis<4a  the  truth,  a^ 
luall  aaawer  iw  Cit>d, 

i/gA  St  anion ,  uoder  dcrk  to  the  couocill, 
Dns  c<mf<irniis  to  my  lord  tbesaurer  deput, 
►  Mr,  Smith's  dtxlaralioDs  belbr  the  couucill 
\  dayes  therein  mentioned,  that  the  sanien  is 
Ih,  and  was  wreitten  by  the  deponent  at 
file  cotincin  table,  and  this  is  the  truths  as  hu 
fiudi  answer  to  Gud.    Hugh  Stevens o>r. 


Hifi     Makitjf^s    Adtocate^    for 
t  WilUi      " 


ProbttlioD 

Inst  William  Tho rasa n,  and  WiUiam  Cool- 

addaced  tber  owne  Confessions  uiidef- 


iCniGHi  the  \2  July  1C81,    In  presence  <^ 
the  Committee  for  Publict  Affairs. 


Nrraiit  in  Frnsk«  in  Stirlinsbyre, 
I  was  at  Botiiwdbrid^e,  but  has  D<yt 
fclie  bond,  nor  will  not  take  it.  Canfasaes 
psied  lo  the  taking  of  two  piisinMra  forth 
'  i  imf»ri«oned  by  Airth,  keiiir  ittlerogat 
iftlM  ryaeiojif  in  annes  at  Holkwwridlac  was 
a  nbetnoa,  or  if  be  owncs  tbe  kio^i  auliioritie, 
he  ttunks  the  kiUing  of  the  Archbisbsp 
a  loarttier,  refueea  to  anawcr  theaa  ^u&h- 
aod  T«foaea  to  si^n^e  tUa  liia  dedaratioa, 
aaked  if  be  thinks  it  kwful  ta  kill  the 
af  the  armyt  be  »»eired  at  *  the  c«iii- 
tf  it  was  laVtull  m  them  to  kill  the 
■Jlpople  of  God,  aad  biy  the  ont  to  the  other. 
iltia%  aakad  if  to  fate  his  lyif*  he  wo«ild  aay 
'  «a»e  the  kiag,  f  ass w era  he  will  not  buy 
lytf  al  so  t^edx  a  rata. 

Sk  SttbtcribUnr^        Lixijtuoow. 

BiliXAR&BS»  R.    MArrLAMD. 

ELPIflTVSTON,  A.  RaMSAV. 


«V    U      IK 

Utaav 

I 


^  '  Asked  of.*     Sec  in  Jamieaon's  Etyaao* 
DMonary  die  artidca '  to  aptare,  spvir^ 


Fbanlainhall  toK  1»  p.  SIZ^  of  his  *  DecU 

na,*  mj^  iMer  4ata,  December  9tK  1084< 

-M  Al  Crtmioai  Court,  tei»of  tlieae  wild  Wail* 


H'l/^JM  Coothili,  seaman  in  Barrowataun* 
nea,  csonfoasea  he  was  taken  by  liome  of  iha 
earie  OI'Mar's  meOt  with  two  pi&tollii  and  a  durk, 
about  htm.  ^eioc^  interog^t,  if  be  thinks  it  law- 
ful to  kill  the  kin^,  answeni  the  king  baa 
broken  the  coved  ant,  and  presses  other  persotis 
to  doe  it  by  his  forces^  ana  therf^r  he  tliinks  he 
deserves  to  dye,  and  disownes  his  authoritie 
ujion  that  aecouut,  and  confesses  he  c^De  tub- 
serybe  bat  will  not  swbscrybc  tbis  his  deda* 
ration. 

Sic  SubscriHtuTt  LiiamtGOW. 
BALcAaaES.  ^ 
R.  MArrxA?r9. 

Jieiag  farder  interoj,^at  if  be  thinks  the  i^er*- 
sons  tbut  killed  the  ai-cbbistiop  oi'Ht,  Andrews, 
did  right  or  wrong  in  it|  tleclaires  b«  ihiaks  tba 
persons  that  did  it,  had  the  gbry  of  God  belton 
tber  eyes. 

Sk  Subseribiiur^    Linuthqow,  I.  P.  Com. 

The  saids  Wtn.  Thomson  and  W^UHain 
Coothill  being^  called  befbr  bbt  royall  hightiefy 
his  majesties  high  commissioner^  and  lords  of 
couQcillt  do  adher  to  tber  former  tleclarations, 
emitted  l>efor  the  coinmittie,  and  farder  the 
sold  William  diothill  saves,  that  not  only  the 
king  deserves  to  dye  lor  breaking'  the  covenant, 
and  pressing  others  to  do  it,  but  becaitse  he  has 
caused  take  the  blood  of  many  upon  that  ac* 
count,  and  both  refuse  to  sigue,  albeit  they  con- 
fesse  they  can  wreitt. 

Sic  Subicribitur,     Cm.  MAnXAjro,  I.  P,  D, 

William  Thomson  and  Witliam  CoothilL 
prisoners,  adhere  to  tlier  former  cnnfessiatti 
emniitlfd  in  presence  of  the  camtBiUie  of  comi. 
rill,  ao^  diatAfnes  the  iioff^a  m^iosue  and  Iris 
aufthoritie. 

Efter  leadin;^  and  addiiceing'  of  tbn  whiT!; 
Probation,  the  Lords  ordained  the  Assyse  to  in* 
close  and  returne  iher  Verdict^  and  the  saids 
persons  of  aasyse  having  removed  altofi^ether 
1  urth  of  court  to  the  assyse  bouse,  wher  having 
reasoned  and  voted  upon  the  poynts  and  arti- 
cles <»f  tbadiltay  and  probation  above  wreitten, 
adduced  for  feritepg  thcfaf,  aiMl  beio^  tker* 
with  well  and  ryplie  advised,  Ihtj  r«-ealcra4 
againe  in  court,  ami  petatacd  ther  Vardscl  in 
pceaeaee  of  the  saidi  loods,  whtaoi  tkm  Irtior 
ibUawes; 

The  assyse  alt  m  one  voice  he  tiit  Vivulii  af 
Willtaiti  Duubar  Chancellor,  iindi  Mr.  DtwM 
CargiU  and  WdUaaa  Tfaanaa  gailiy  ef  haiiif; 
at  &  rebdlion  at  Botbwel-hiid^,  ami  of  tliar 
traaaoBiahliii  dediaifif  of  tli«  krn^'a  aiitharitBe, 


M%  are  pinidWd  far  miktrimg  ta 
?  hia  tmtjbnrkv,  Bis  of  Ihcm  natre 


country^ 

theki 

for  diiioifif  1 

so  wiae  aa  tmrailn  ;  the  oihar  finir  ware  ao-a 

as  to  deny  to  say,  *'  God  sa?e  the  kittf  r'  three 

arouUI  ha«a  dmtm  ia,  but  1^  riia  pcsttknl  •aciet]^' 

«riti«  fiNiPlh  mm  eMared;  «a  aJl  Ike  ft>ar 

were  aenlctioed,  and  hangetl  thai  sama  ds^  m 

tlw  e^hwherh^mmm  4  usd  5  a'ctooK  it  tli» 

aftemoon/* 


891J    STATE  T1UAL8,  S3  Chaelbs  II.  l681.--Trid/o/Ctfrgf»«iiif  of Afr#,    f89f 


and  also  finds  Mr.  James  Boig,  Mr.  Walter 
8niitb,  and  William  Coolhilt,  ^ilty  of  the 
owiietiig  oftlietreamnable  principles  meniioDed 
in  the  treasonable  paper  called  the  Declaration 
at  Sanqnhar,  and  of  declining  the  king's  ma- 
jest  lea  authoritie. 

iiic  Suhscrib,     Wm.Dunbai,  Chancellor. 

£Acr  oppinin^  and  reading  oi'tlie  whilk  ver- 
4LCt  of  asbyse,  the  lords  justice  clerk  and  com- 
missioners of  justiciar}'  theribr  be  tlie  mouth  of 
Andrew  Cuuinghame,  dcuipstcr  *  of  court, 
decerned  and  adjudged  the  said  Mr.  Douatd 
CargiU,  Mr.  James  Boipf,  Mr.  Walter  ISmitb, 
WilUam  Thomson  and  William  Cootbill  to  be 
taken  to  the  market  croce  of  Edinburgh,  to 
morrow  f  being  tlie  twentie  sevinth  instant, 
betwixt  two  and  four  o'clock  in  the  efternoon, 
and  ther  to  be  hanged  on  a  gibbet,  till  they  be 
dead,  and  therefter  ther  heads  to  be  severed 
from  their  bodies,  and  the  said  Mr.  Donald 
CargiU,  Mr.  James  Boig,  and  Mr.  Walter 
Smith's  beads  to. be  affixt  on  the  Netherbowe, 
and  the  heads  of  the  saids  William  Thomson 
and  William  Coothill  to  be  affixt  on  the  west 
port,  and  ther  names  memory  and  bonoui*3  to 
te  extinct,  and  thiT  urmcs  to  be  riven  furth 
and  delate  out  of  the  bookes  of  armes,  suae 
that  ther  posteritie  may  never  have  place  nor 
be  able  hcretiter  to  bniclc  or  ioyse  any  honours, 
offices,  or  dignities  within  this  realme,  in  tyme 
comeing,  and  to  have  forfault,  ammitted,  and 
tint  all  and  sundrie  ther  lands,  beretagcs,  tene- 
ments, annual  rents,  offices,  titles,  dignities, 
tacks,  steadings,  roumes,  possessions,  goods 
and  gear  whatsomever,  pertaining  to  thtm,  to 
our  soveraigne  lord,  to  remaine  jterpetuallie 
with  his  bighnes,  in  propcrtic.  Which  was  pro- 
nounced tor  doom,  aud  wherupon  his  migesties 
advocat  asked,  and  took  instruments. 


TuE  L.\sT  Spelcii   and   Testimony  of   the 
Ulv.  Mr.  Doxald  Cargil. 

**  This  is  the  most  joyful  day  that  ever  1 
saw  in  uiy  pilgi  image  on  earth  ;  my  joy  is  now 
begun,  which  1  see  shall  never  be  interrupted. 
I  see  both  my  interest,  and  his  truth,  and  the 
Bureness  of  the  one,  and  the  preciousness  of  the 
other.  It  is  near  thirty  years  since  he  made 
it  sure  ;  and  since  that  time,  (though  there 
has  fallen  out  much  sin,  yet)  1  %vas  never  out 
of  an  assurance  of  muic  interest,  nor  long  out 
of  aiffbt  of  his  presence.  He  has  dandled  me, 
and  kept  me  lively,  and  ne\'er  left  me  behind ; 
ih^offh  1  was  oft  times  turning  buck.  O  !  he 
has  uiewed  the  wonderful  preciousness  of  his 

Kaoe,  not  only  in  tlie  first  receiving  thereof. 
It  iu  reneiica  and  multiplied  pardons!  I  have 
i  a  man  of  great  sins,  but  he  has  been  a  God 


*  See  the  Case  of  lord  Loudon  and  others, 
A.  D.  1684,  and  Mr.  Hume's  Commentaries  as 
there  cited. 

t  See  the  Case  of  Hackftuun  of  Rathillet, 
p.  791,  of  this  volume. 


of  great  mercies.  And  now  through  his  mer- 
cies, I  have  a consdenceas  WMind  and  quiet,  as 
if  L  had  never  sinned.  It  w  long  since  I  ruuld 
have  adventured  on  eternity,  through  God's 
mercy  and  Christ's  merits  ;  but  death  rr- 
mained  somewhat  terrible,  and  that  now  if 
taken  away  ;  anil  now  death  is  no  more  to  me, 
but  to  cast  inyNelf  into  my  hosband's  snna, 
and  to  lie  down  with  him.  And,  however  it  be 
with  me  at  the  last ;  though  1  slioald  be 
straitened  by  God,  or  inteirupted  by  men,  jct 
all  is  sure,  and  shall  he  well.  I  liaVe  foHowsd 
holiness,  1  have  uu^ht  truth,  ami  I  baTebcci 
most  in  the  main  tilings ;  not  that  I  iboagbt 
the  things  concerning  oor  times  little ;  bat 
that  1  tbonght'none  could  do  any  thing  to  [•vr- 
pose  in  God's  great  and  pnldio  matters,  till  ther . 
were  right  in  their  conditions.  And  O  that  all 
bad  taken  tliis  method !  for  then  there  Ind 
been  fewer  apostacies.  .  The  religion  of  tkt 
land,  and  zeal  for  the  land's  engagements,  in 
come  to  nothing,  but  a  supine,  klathsonie  ud 
hateful  formality  ;  and  there  cannot  Iw  ml, 
liveliness  and  nghtneas,  where  people  nicct 
with  persecution,  and  want  heart  renofstioa. 
My  soul  trembles  to  think,  how  little  of  rege- 
neration there  is  amongst  the  ministen  sad 
professors  of  Scotland.  O  tlie  miniilen  of 
Scotland,  how  have  thev  betra}'ed  ChfiSl'siB- 
terest,  and  beguiled  souls !  **  they  have  not  co* 
tered  in  themselves,  and  tbem  tliat  were  ca*  ' 
tering  in  they  hindered."  They  have  sold  the 
things  of  Christ,  and  liberties  of  his  church,  ftr 
a  shoit  and  cursed  quiet  to  themselves,  whkb 
is  now  near  an  end  :  and  they  are  more  odTi 
and  at  peace  with  God's  enemies,  after  the} 
have  done  all  their  mischiefs,  nor  *  they  were 
at  first,  when  they  had  put  hand  to  them.  Ad 
I  much  fear  that  Uiough  tlierc  were  not  mi 
minister  on  all  the  eanh,  he  will  make  lo 
more  use  of  them  ;  but  there  will  be  a  dreadful 
judgment  upon  themselves,  aud  a  long  corn 
upon  their  posterity. 

'*  As  to  our  professors,  my  counsel  totheiB  if 
that  they  would  see  well  ti>  their  own  legeoc- 
ration,  for  the  most  part  of  tbem  has  that  yet  It 
do  ;  and  yet  let  never  one  think,  that  be  is  ii 
the  right  exercise  of  true  religion,  dial  huael 
a  zeal  to  God's  public  glory.  There  is  a  smsH 
remnant  in  Scotland,  that  my  soul  has  Ind 
its  greatest  comfort  on  earth  from.  I  wiifc 
your  increase  in  holiness,  number,  love,  reli- 
gion, and  righteousness ;  and  wait  you,  asd 
cease  to  contend  with  these  men  that  are  ^osf 
from  us,  for  there  is  nothing  that  shall  coovmct 
them,  but  judgment.  Satiny  your  conacieocVi 
and  go  forward ;  for  the  nearer  you  are  to  God, 
and  the  further  from  all  others,  whether  stairi 
enemies,  or  lukewann  ministers  and  professoiSi 
it  shall  be  the  (setter.  My  preaching  has  ucca- 
sioned  persecution,  but  tlie  want  of  it  wiH  (1 
fear)  occasion  worse.  -  However,  I  btn 
preached  the  truths  of  God  to  others;  as  it  il 
written,  "  I  believed  and  so  I  preached,"  and  I 

*  See  in  Jamieson's  £ty  mologicnl  Vk^immf 
the  words  nor  and  na. 


STaTK  TRULSv  33  CHAai. 


Rve  not  An  ill  conscience,  m  prencbin^  trutbi 
»h«tever  bas  falloivefl ;  unil  lb  is  flay  t  am  lo 
«al  t»itb  my  blood  alt  the  truths  that  ever  I 
H^cscbeil :    »n*l  uliat  is  eon(rov«rUd  nf  that 
ibicb  I  buvr  been  prufessini^,  sbaU  (ere  Ititi^) 
lie  uianib^s  ed  Uy  Ciml's  juilt^ineiits  \u  tbc  con- 
•c»€tices  wf  mfti.     [   bad  a  sweel  ca]iiin«&8  of 
,  and  g^reot  siibiiassion  as  to  my  taking,  the 
tivideuce  oITmhI  \»as  so  emint^nt  ill  it ;  and  I 
ijubj  not  Imt  thifikt  that  C;n4  judf^ed  it  iieces- 
rv  for  his  ijflory  to  bring  lue  to  such  an  end, 
he  U*09td  me  from  sutdi  a  work.     My 
L  woi^ld  be  exeeedin;4^ly  troubled  aneat  tlie 
bftiit,  were  it  not  that  I  thiuk  ilu*  time  nil! 
?Slkorl*     Wbertfore  bobl  fast,  for  thif  in  the 
my  that  i$  now  persi^cutcd. 
**  Ai  to  the  eausf  of  my  sufTeilug- ;  the  main 
**  not  ailtnou  lei^jjring  the  pre^eot  authority/' 
~\  is  estaldished  m  the  bUjtremacy  and  ex  ■ 
lion'  act.     I'brs  h  the  ina^istraey  that  1 
*  rtjected,  that  was  invested  with  Christ's 
fKmer.     And   teeinj^   that  power  taken  from 
Cbrislt  nhjcb  ts  bis  ^lory,  made  the  essential 
^        ofthecTOwn^  1  thought  tbi»  was  as  if  I  bad 
seen   one  wearing  my  husband's   sfarments, 
^        aAer  be  had  killed  him.     And  seeing  it  ia  made 
llje  essential  of  live  croHii^  there  \s  no  distitic- 
^^tioQ  we  can  make,  that  can  fr^  llie  conscience 
^■■•f  tb«  ackno^^Mgor,  from  lieing  a  partaker  of 
^'^  thiM  Aai-rileigious  rubbing  of  God»  and  is  but  to 
_^     cHtat  our  conscience's^  to  iickiio^  [tuig^e  the  civil 
jwwer,  for  it  is  not  civil   power  onl^^  that   ia 
'  t  of  the  essence  of  his  crown  ;  and  seeing 
^  ve  ao  expre&i,  we  ought  to  Ije  plain,  fur 
rise  it  is  to  deny  our  testimony,  and  con- 
fio  bit  robbery ' 
**  [Atler  be  waseome  totbcscafTuld,  standing 
.  wiib  His  back  towai^K  the  ladder,  he  fixed  his 
$ye»  upon  the  multitude,  and  desired  their  at* 
QitioQ  ;  and  afbiT  Ringing  a  part  of  the  cxriii. 
atmi  from  the  ItJth  verse  to  the  close,  lie 
uked  up  to  the  windows  on  both  sides  of  the 
caflTohl  with  a  smihtig  countenance,  rctjuesting 
people  to  coinpo»e  ibemseUes,  and  bear  a 
^ftw  vrords  ibat  he  had  to  say,  which]  (said  he) 
I  lihaU  direct  to  three  wttrhi  of  fotk,  and  shall 
«tideavour  to  be  brief.     First,  all  you  that  are 
Ifoing   on  in  persecuting  the  work  and  people 
of  God,  O  beware  for  the  Lnrd^s  sake  !  and  re- 
frain from  such  courtes,  as  you  would  escape 
•rratb  eternally,  which  will  be  a  torment  far 
beyond  wbal  we  are  to  endure  bv  tiie  hands  of 
crud  and  bloody  murderers.    [Upn  this  the 
ilrucaa  were  beaten,  at  wbrh  he  &mibng  said,]. 
fM>w  ye  see  we  have  not  liberty  to  speak,  or  at 
ioaat  to  spcwkwhat  we  would  ;  but  God  know- 
etji  our  hearts.     But^  O  ye  that  are  called  mi- 
jasters,  and  professors  iu  the  church  of  Scot- 
land,  \«ho  are   wearietl   in  waiting  upon  the 
J<4»rd«  and  are  turned  out  of  bis  way,  and  run 
into  a.  course  of  gross  defection  and  backsiliding  1 
tryly,  for  my  part,  I  tremble  to  thiuk,  what  will 
iMscttmeof  you^  for  either  you  shall  be  punished 
wtlh  mre  aiflictioii,    1   mean^  in    your   eon- 
My«(ice«»  because  of  gin,  or  else  you  shall  be 
I        lomiefited  etemaUy  without  remedy «  which 
^^ibaJI  be  abortljr,  if  mercy  prerent  it  oot,  wbi«b 


es  IL  iSsi.^/or  Tn§mh  [804 

f  pray  God  mav  be  the  ^nercy  of  all  thc^e  ta 
whom  be  has  inougbr^  of  [M^ace.  Ail  ye  that 
are  the  poor  remnant,  who  feur  sinning  moro 
tlian  sufTering,  and  are  hegf^iug  for  bis  retnru- 
inp^  to  Scotland  to  w^ar  hii  own  crowij,  and 
reign  as  king  in  Zion,  in  spite  of  all  that  will 
oppo^ie  him,  wheihcr  devils  or  men  :  I  say  to 
you  that  are  thus  woiting,  wait  on,  and'  ye 
shall  not  be  disappointed;  ibr  cither  your  eyes 
shall  see  it,  or  else  ye  shall  die  in  ilie  faith  of 
it,  that  he  shall  return  ;  and  **  if  you  sutTer 
with  him,  you  shall  also  reign  with  him,** 
which  reign  will  be  glorious  and  eternal.  I 
come  now  to  tell  you  for  what  I  am  brought 
here  to  die,  and  In  r^ro  you  an  account  of  my 
faith,  which  I  shall  do  sj)  in  the  sight  of  the 
living  God,  before  whom  I  am  shortly  to  stand. 
First,  1  declare  I  am  a  Christian,  a  Pro- 
testant, a  Presbyterian  in  my  judgment,  anJ 
whatever  hath  been  said  of  roe,  1  die  tci^tifvinr 
against  Popery,  Prelacy,  Erastianlsm,  and  all 
manner  of  defection  from  the  truth  of  God,  and 
against  ail  who  make  not  the  scriptures,  which 
are  the  word  of  God,  their  rule,  that  so  ihej 
may  commend  Christ  and  his  way  to  strangers 
by  a  holy  and  gospel  conversation ,  The  cause 
for  which  1  am  sentenced  to  die  here  this  day, 
is  my  disowning  of  authority  in  the  unlaw  Jul 
exercise  thereof  when  they  instead  of  ruling 
for  God,  are  fSglaing  against  him,  and  en- 
croaching ujion  hs  prnrogatives,  by  that  woeful 
supremacy  which  my  soul  abhors,  and  which 
I  have  testified  against  since  I  was  apprehend- 
ed ;  and  now  again,  1  disown  all  supremacy 
over  the  conscicDCes  of  meti,  and  liberties  qi' 
Christ's  church.  [Whereupon  the  drums  were 
again  bc^aten,  and  be  kept  silence  a  little,  anU 
then  said,]  Of  this  subject  I  shall  say  no  more. 
Only  I  think  the  Lonrs  quarrel  against  this 
land  is,  because  there  has  not  been  so  much 
heart  reUgion  and  soul  exercise  among  either 
ministers  or  professors,  as  there  seem^  to  be, 
when  the  land  owned  Cbriiit  and  bis  truths  ;  I 
wish  there  were  more  true  conversion,  and 
then  there  would  nut  be  so  much  back- sliding, 
and  for  fear  of  *ufft;ring,  lifing  at  ease,  when 
there  are  so  few  to  contend  for  Cbri^^  and  \m 
cause. 

**  Now,  for  my  own  case,  1  bless  the  Lord, 
that  for  all  that  hath  been  &aid  of  me,  my  con* 
science  doth  not  condemn  me ;  I  do  not  say,  I 
am  free  of  sin,  but  I  am  at  peace  with  God 
through  a  slain  Mediator ;  and  1  believe  that 
there  is  no  salvation,  but  only  in  Christ :  and  I 
abhor  that  superstitiims  i*ay  of  worshippiug  of 
angels,  and  saints,  contrary  unto  the  word  of 
God  5  as  also  I  abhor  the  leaning  to  self  righ- 
teou^nes"^^  and  Po^^isii  penances.  1  blese  the 
Lord,  that  tfiesc  thirty  \  ears,  and  more,  I  have 
been  at  peace  with  God,  and  \va$  nerer  shaken 
loose  01  it ;  and  now  1  am  as  sure  of  my  interest 
in  Christ,  and  peace  with  God,  as  all  within  this 
Bible,  and  tlic  spirit  of  God  can  make  me  ;  aod 
I  am  no  more  terrified  at  death,  nor  afraid  of 
hell,  because  of  sin,  than,  if  ]  had  never  bad  sia, 
for  all  my  tins  are  freely  pardoned,  and  washes 
thoroughly  away,  tlirough  the  precious  blood 


I 
I 


I 

I 


iJ 


with  ymi,  that  yc*  tske  9r>rfi«  of  fotrr  time,  ti 


set  It  ajMirt  p»i 
blt^ssmg;'  and    ; 
God,  for  the  Joi  i, 
out  for  Yonr  \m»< 
time,  and  *'^  "»/»'"" 
mtnt  o4*  ] 
incoTOprt^.  -; 
ing",  wisdom,  | 
ant!  tnith  ;  ano 
a  man,  and  a  Clintilian 


ncM,jB3<k»,|giriMi 
ttiae  00  iMlb  naiitt 

•n4  now  I  f>«<  td  »f 


93]     STATE  TnrALS,  33  Ch ah^.es  IL  168 1 ,— 7H^^  ^  Cifr^/  amd  tfikeri. 


md  intercession  of  Jesus  Christ ;  and  1  am  ftilly 
itaitei),  that  this  is  hi«  waj  for  winch  I 
tliuffer,  aad  that  he  will  retnn>  gloriously  to 
>tbiid,  but  it  will  be  iwrifyingf  to  many; 
We  I  entreat  yoti,  be  not  (liscouraf^ed  at 
way  of  CbrLst,  and  the  raus^  for  which  I 
to  iay  down  my  life ^  ami  st^p  into  eternity, 
here  ray  soul  shall  be  as  fiitl  of  him^  as  it  can 
*  to  be.  And  now  this  is  the  sweetest  and 
i:lorious  da^  that  ever  tny  eyes  did  see. 
aw  )  entreat  you^  study  to  know  and  beliere 
e  sciiptures,  which  are  the  trutha  of  God^ 
tfic  1  nave  preached,  and  do  firmly  beliefe 
leto.  O  !  prepare  for  judgments,  for  they 
be  sore  and  sudden,  Knemiea  are  now 
against  the  way  and  people  of  Ciod, 
t  ere  long'  they  shall  be  enraged  one  againist 
notber,  to  theii'*owu  confut$ion>  [At  tbi!»  the 
^nms  were  beaten  a  thini  time.  And  then 
eifi^  taken  to  tlie  north  side  of  the  scaflbid,  he 
oda  iiitte  during  the  space  that  one  of  the 
was  singing.  And  tnen  being  carried  to 
pe  south -side  of  the  scaffold,  he  prayed, 
hence  be  was  brought  to  the  east-side  of  the 
aflold,  and  then  he  said,]  I  entreat  you  pre* 
are  jou  presently  for  a  stroke,  for  God  will 
Dt  sit  with  all  the  wrougia  done  to  him,  but 
'will  suddenly  come  and  make  inquisition  for 
the  blood  iLat  has  been  shed  in  Scot  J  and, 
[Then  he  was  conunanded  to  go  up  the  ladder, 
anil  us  he  set  his  foot  on  the  ladder,  he  said,] 
The  Lord  knowa  T  go  up  tlii^  ladder,  with  less 
fear  and  perturbation  of  mind,  than  ever  I  en- 
^lere<l  the  pulpit  to  preach.  [And  when  he  was 
"^p,  he  set  liiinsdf  down,  and  said,]  Now  I  am 
pear  to  the  getting  of  my  crown,  which  thai] 
"  i  sure,  for  1  bless  the  Lord,  and  desire  all  of 
^  ou  to  bless  him,  that  he  haih  brought  me  here, 
and  makes  me  triumph  over  devils,  and  men, 
and  sin  ;  they  shall  w^ound  me  no  more.  I 
tbrgtve  all  men  the  wrongs  they  hare  done  to 
me,  and  pray  the  Lord  may  forgive  all  the 
wrongs  that  any  of  the  elect  has  done  agaiust 
liiEi].  I  pray,  that  sufTarers  may  be  kept  from 
stQ,  and  helped  to  know  their  duly-  [Then, 
haviog  prayed  a  httle  within  himself,  be  lifted 
up  the  napkin,  and  said,]  Farewell  all  relations 
and  friends  in  Christ ;  farewel  acquaintances, 
and  all  earthly  enjoy menU  ;  farewell  reading 
and  preaching,  praying  and  believing,  wan- 
denngs,  reproaches  and  sufferings.  Welcome, 
Fallier,  Son,  and  Holy  GiiQSt,  into  thy  hands  I 
commit  my  spirit." 

Then  he  prayed  a  little,  and  the  executioner 
tumetl  him  o?er  p raying. 


TH£  D¥1N6  TgSnSKMfT  AJVS  LasT  WoRDA  Of  Mb. 

Wmwi  Smra,  i^mmsKt  of  TuEouHaY, 

Wll^   SI7ltiRII>    AT    THfl  GttOU    or    £lltN- 

iMMi,  July  ST,  leSL 

**  Dear  Fneods  and  Acquaintances, 
•*  Am  I  dlesire  while  in  the  body,  to  sytiipa- 
tkfze  flDtnewhat  with  you,  in  lameulmg  your 
rarions  cases,  and  the  case  of  the  church, 
whereof  ye  are  the  sons  and  daughters ;  so  f 
must  lay  this  request  upoo  you,  and  leaf  e  it 


seal  to  al)  hts  truths^  revealed  in  hts  wiinl,  awj 
particularly  these.  Vurnt,  That  Kc  m  m»t  fnA 
Father,  8«in,  and  Holy  Gln^it ;  iNit  ala^  *  wi^ 
can  think  of  him  T  wnn  cnn  bcsir 
write  of  him  ariglif  ?  Of  he  is  God 
2dly,  That  he  made  man  pttkrt ;  an*!  \UD%^a 
we  hare  destroyed  mni  bcuffteilMe  onradtoi* 
do  any  thing  lliat  is  right  •*^-"*-  -^tt  i»f  Ckiiii, 
yet  we  are  nwler  the  <*i  J  tb«  wln^ 

law,  which  the  (lerft^ct  1^:4  ...  *^hi#an«if«< 
3dly,  That  my  LortI  (jea,  throustl  free  pwat, 
1  can  say,  my  Lord  Jesus  Chhsi)  eaine  l^lli 
workl,  to  sere  sinnerai.  And  thotigli  i 
say  that  1  have  been  the  greatest  of 
yet  I  can  say,  that  he  Iwilh  coircf^ed, 
prevented,  and  bid  from  the  wwrW,  fliii|i«i 
that  have  been  lieinoiis  by  tnatiy  affi^vfta* 
tions.  ithly,  That  enoepl  a  niaa  it  ham 
again,  be  eanndt  rtii  the   kin^ittmd 

Heaven  ;    my  frieri'  tkm  mm  IM* 

this  is  the  regeneraiKPn  iif,ii  I  am  sf^dil^ 
of,  to  which  the  grrat  imrl  rren  isf  |mfti' 
sors  (I  fear)  will  h**  Iomh*!  ^*r^n^:rr%.  5Ehif,l 
set  to  my  seal  to  thu  ^  if  preekiai  p^ 

misCfJosh.  i-  5*  *tc      ,  tft'K.  xiii.  3.  fm 

he  hath  said,  *'  I  wiH  newr  \emve  ih«p,  m 
forsake  thee,"  together  with  all  iftie  oilier  w^ 
mises  to  that  pur|»06e ;  aiHl  I  am  flitre,  lar  bl 
carried  me  tbmugh  divers  eoaiditiana  o#  IHr, 
many  various  and  aingnkir  diffiouttioi  sol 
damping  dLscouragemetifi :  but  otmiiiag  thai 
things  wheretvf  the  pro^e  pgiaecmcrt  mqr 
as  much  boast  aa  to  the  fratward  as  lajp,  W 
bath  led  me  through  the  aetery  atffpa  fiT^Bil- 
exercise,  and  the  pangs  of'  Ui#  new  blrtli.  «l» 
himself  This,  *^--  y^r  friemls,  is  tb*  PCfri 
xancse  and  di^i  a   chaF»cierof  aMlit 

indeed  :  and  by  1  .  ,  -d  ihts  only^  **  Wmfm 
irom  death  to  life." 

**■  And  as  t  adhere  to  tlie  ConfevM  ofFadi 
and  work  of  refonnatioii  as  1  ^li*il  gfkjprw^ 
sneak  to ;  90  particularly,  1  aet  to  my  mtA  n 
toese  truths  in  the  xrii.  eho|Her  thereof,  aaoa 
the  assurance  ut^  grace  and  saltation.  Akt' 
the  ignorance  of  this  gcoferalien  fa  great  M^ 
dear  friends,  I  leave  Uiia  ws  my  last  mdna  »• 
you,  make  use  of  that  book  wiiidi  ckidIuiib  m 
Confession  of  Faith;  Catadtisnis,  SomolSimi^ 
Knowledge,  Ptucticd  Use  of  ftKrinff  liooir- 
Mge,  Directory  for  Wtifshtp,  thr  CaiSBes  «f 
God's  Wrath,  ^\  And  let  aoiie  think  this  mmk 
lielo  w  them ;  for  the  spmtnalottltgblaiii^^ftii 
niiiid,  which  reciuires  the  Uterat  wtUt  il,  irii 
first  work  of  tijis  spirit,  after  wc  fin*  bcftet* 
come  to  onrselres,  or  rather  to  wbait  w^wm 
in  iDDOcencyj  «nd  ought  to  be  by  gnoe.    ^rt 


I 


rj  STATE  TKULS,  35  Charles  II.  l6BU^far  Tremon.  [8 

Ibis,  1  df)  coiiflfkntly  rKt'er  you  to  iht;  |  w  hm  I  could  I  earn)  ircre  UcttttyfNl  by  none,  nor 

itriV'  ^-^  •"  4  t,  i :.,        ...i,    »  yr;Qf     were  nil  V  accessary  to  our  t  ''        '^'i-'e  tbnti 


,,.  .Ik* 

iifie  of 

■  :  '\  rove- 

iith  the  h(mi,  my  npint  that 

Avj\  hpre  1  leave  my  tes- 

'•^ctilatire  (i1  rWre 

111  all  ififK'keni  of 

.  UEul  hy|K>rnt«?s,  qua- 

^i.i  either  pretend  to  the 

>td,  ur  It^ati  i' 

I  but  by   \<r|i3u  in   M  MM    I 

si  aui   b<)1il  u»  helifve 

w   -L.. ,   w^  testimony  is  a  t^ruuiul 

J  tititt  lhL*r«r;iii  bt!  no  deoeit  tinder  it. 

r tjow  1  uin  to  ilje  a  miirt\r ;   nnJ  I  lim 

Irfblly  pcpjimlrd  *4  iii)  iutcreat  in  Chrivt,  nm\ 
lltH  be  hurii  «'ouiitn*unc€ti  me  in  Umt^  tor 
thkb  1  mm  to  liv  duv\a  uty  lifi\  jis  I  am  of 
ftyMoK  A'>«'  'H  thf  worM  and  hiaiist><i  pro^ 
lam  hc*rr  in  no  de. 


pcessary  I 
I  we  were  oiirseh'*'^',  nn*l  ]r 
I  blamf  the  ia«ly  Si    i  l,,v^t 

no  lime  to  0ve  \ 
!  kiodiiessaiid  te<i<1« 


let  ntmn 

I  hnve 

'  Lorff* 

iniiiif  the 


ajfersaries  fur\' ;  for  ihey  hegau  very  hrisi,  hy 

makiuif  u>i  ly  ;iU   nij^ht  hounti,  anii  expressly 

reiii9»eil  to  suffer  us  to  wornhip  ^finl,  or  prsy 

with  one  auother,  untill  we  earae  to  Liolith* 

gow.     But  the  LonI  htisteuelh  to  come,  be- 

wme  of  fTuiug^  baelc^  wait  for  huii,  be  tiotatt* 

^     aUiul  uhut  s\u\\  become  of  you,  or  a 

lit ;  he  IS  coi»ccrQeil»  \i\Ji  intercessiou  n 

..,t,.^i'  ■'^    ">-♦    ■ '"^  •   t    upland  kept  up  in  bts 

o^vn  i<.<  y^  and  other  thint^  will 

he  the  L        .    ■    ,  ..  J  L  iu  theirs.     Be  tendir  of 

all  who  have  the  root  of  the  matter,  but  beware 

of  cnuipi  jjice  with  arjv,  whether  miniaters  or 

jr  Aato  myjiid;j"ment 

I  ti  .         iieces&itale  to  refer 

I  you  iu  ihu  diiLUghi  of  a  p^iper,  wbieh  1  drew  al 

I  (he  deiii  re  of  some  societies  in  Clydesdale*  in - 

I  tituled,  Some  steps  of  defection,  Ace.     Beware 

id  fuU  eXi^'tiiHe  of  tl^u-  |  of  a  aptrit  oi'hitlerne«is«  peremptoriuess,  aoil  i^* 


ro  free  ot   [  i  d 

1'^  tliia  I  lit  <> 

^  'I'f^and  Iu*  >  ,  .  .n  i*^ 

ly  hviLRg  ;  go  tliut 

liir.   T  :trik  ^^hdty 

is  the 
iipud  which 
i  deMrcd  po- 
untli'r  the 


'd 


VVlietlifr  1  owo- 


u-*  til'  l^    mifstt^ 

I  to  Christ  Jemts 

" >t  ibnt  at  fimt  be 

I  and  aowoni  n  covenanted  kin|^f 
" !  •worn  io  uJJe^mfjceto  htm,  as 
Sc  8olenui   Ijeugue  and  Covenant  f 
9m   tbe  authority    >*herevvjib   he   was 
and  the  exmnse  of  it  wa«  to  lie  for 
ipion,  and  Lite  ifood  of  tb«  subjeeta  ; 
i  all  this,  a5  to  God,  aud  bis  people, 
and    perverted?     But    adJy,   The 
Tiiiia  pl^mdcti  loi-  ,-inlhorily  at  present, 
ibbod  oa  the  ruins  ot  the  liiiid's  enji^ag^- 


ntirautzeal,  which  huth  been  the  ruin  of  nsome, 

and  wdl  be  the  ruin  of  mort-,  it'  liJercy  prevent 

not.     I  was  withdniwti  from  hy  soToe,  iis  hav- 

rrtjf  jfi?en   oflenc«   to   thern   hy  my  protfstiijg 

against  their  way  iua  panicolart  whereiu  I  am 

sure  as  to  the  nmuner  they  »rere  wruny^ ;  ami 

tboug^b  they  had  l>eeii  righti  it  w»ia  not  a  ground 

to  httvt*  made  such  a  separatiim  from  me,  much 

[  lifia  trom  theae  who  joined  wUh  me  \'     And  it* 

^  any  divifiton  be  longer  kept   up  upnu  thnt  ae- 

I  euunt,  they  will   find  it  a  great  iniquity,   if 

rightly  con^dered.   I  can  ^et  no  more  i^ritten, 

I  nor  aee  I  great  need  for  it,  for  the  testimony  of 

I  martyrs  in  not  your  rule.     Farewell, 

From  the  Tolh<x)th  of  l^dinhiire:h,  Jnly  'i7, 1681. 

Sic  Subunbttur^        Walter  H5rtrra.'* 


1^*'"'    '"^^ '    -i'^ther:   But  I  say 

ihin^a  seriously, 

i  for  (jod  u  much 

recover  it ;  yonr 

\  ;  though  ChrtiJt't* 

(I  aet;)  m  the  only  aure  founda- 


Most  malignancy, 

nd  wh«t*otn<'r  in 


"rtueniu  I 


[  ieat^Biy  le«t 

9t  U»  aottuii  'ti 
i  %j  tb€  f«lbrfn«d 
I  |«rty  ia  Scotland, 

pC«lemor«   being  fully    s. 

wilb  tny  IaU     And  ai  to  *-  .   ,.j ;.  . 
jti^f ^^  pwuaingulaily  dehvered  by  Pro- 
iialo  tJiii  ad^tfntinvi  luiodt  And  (tor 


Being  come  to  the  scaffold,  be  accosted  the 
multitude  to  this  purpose.  *'  All  ye  beholdersi 
who  are  come  here  upon  varioun  dt^igna,  I 
entreat  you,  be  not  Tniataken  anent  the  cause 
of  our  su Bering  this  day  ;  for  however  ye 
raay  be  misinformed,  yet  it  is  of  verity,  tliat  we 
are  brought  here  upon  the  matters  of  our  God  ; 
becauiie  we  testiHed  against  the  supremacy* 
and  would  not  consent  to  thp  setting  of  Christ's 
crown  ui^jn  the  head  M'  him,  who  had  by  uhuV- 
patjou  aspired  thereto,  contr«ry  to  his  Ibrmer 
engagements/*  Upon  this  they  canned  beat  tlio 
drums,  which  ohhifed  hitu  a  httle  to  sdeiK^e; 
hut  beckoning  with  his  hand,  he  said,  *'  I  shall 
only  say  eomethrng  to  three  |>articu)ani:  aiid 
firstf  anent  that  which  t»ime  uru  apt  to  believe, 
that  we  are  agrainst  authority  ;  hut  we  d<^est 
that,  and  say*  that  we  own  tilt  the  lawfull  ex* 
I  j  crcise  of  authority ;  and  we  liopc  there  are 
none,  that  are  CJiriKtianv,  will  allow  us  to  own 
■'     :    liwtul  exerr  -  '■      *.—  .,^.,,  ,.r.,,j, 

'^      Atth.  't, 

—..,  .  4ieaunga  pu..    .  ■      the 

begimiing,  and  praye<l ;  Hluch  done  he  tiirned 
hiatace  lu  the  cross/and  gaid/  I  blci^  tbt  Lvrd, 

3M 


899]    STATE  TRIALS,  35  Chaelbs  11.  l681.— Bt'tf/  (4  Carsitt  tmi othen,    {900 


I  am  not  surprised,  neither  terriiied  with  this 
death,  or  the  manner  of  it.  I  confess,  tike 
thoughtii  of  deatli  have  been  sometimes  very 
terrible  to  mc,  when  I  have  been  reflecting  upon 
my  mis  -spendiDg;  of  precious  time,  yea,  some- 
times the  strength  of  temptation  and  my  own 
weakness,  have  made  me  herein  to  raze  the 
▼erv  foundation  of  my  interest ;  but  my  God 
builds  faster,  than  he  {term its  the  de?it  and  my 
false  heart  to  cast  dowa.  I  have  had  some 
clouds  even  since  I  came  to  prison,  but  blessed 
be  God,  these  are  all  removed ;  for  my  God 
hath  said  to  my  soul,  *'  be  of  p^ood  cheer,  th^ 
^ins  are  forgiven  thee ;"  and  the  faith  of  this 
makes  me  not  to  fear  grim  death  ;  though  it 
be  called  the  king  of  terrors,  yet  it  is  not  so  to 
ne : .  for  this,  thaik  yon  thmk  a  cruel  and  sud- 
den death,  is  but  an  inlet  to  life,  which  shall  be 
eternal.  Let  none  be  offended  at  Christ  and 
his  way,  because  of  suffering ;  for  I  can  per- 
suade ^rou,  there  is  more  of  Christ's  help,  and 
supporting  grace,  and  strength  in  a  suffering 
lot,  than  all  tliat  I  ever  heardof  by  the  hcariug 
of  the  ear ;  but  now  I  am  made  to  find  it  in 
my  own  experience,  and  I  can  say,  **  he  is  al- 
t(^[ether  lovely." 

'*  But  a  second  ^hiog  that  I  promised  to 
meak  to  is,  tliat  I  detest  and  abhor  all  Popery, 
Prelacy,  Erastianism,  and.  all  other  steps  of 
defection  from  the  truths  of  God,  anil  tura- 
iQg  aside  to  the  right  and  loft  band.  Also  I 
lyestify  against  all  errors,  as  Quakerism,  Armi- 
nianism,  &c.  and  all  that  is  contrary  to  sound 
doctrine,  who  walk  not  according  to  the  scrip- 
turesy  and  make  not  the  word  and  spirit  of  God 
their  rule  to  walk  by.  1  have  lived,  and  now 
am  ready  to  die,  a  Christian,  a  Protestant,  and 
a  Presbyterian  in  my  jiidgincut ;  therefore  let 
none  hereaUcr  say,  that  we  walk  not  by  tlio 
scriptures;  for  once  Britain  and  Irclaml,  and 
especially  Scotland,  m  ere  deeply  sworn  to  main 


this  th  say  in  my  own  vindicstim,  that  (hoRb 
ever  1  have  been  bomded  by  some,  and  mis- 
construed by  others,  yet)  I  can  say  in  the  sight 
of  the  Lord,  beiare  whom  I  am  now  lo  appiesr, 
that  I  am  free  of  any  public  scandal;  I  say,  I 
am  free  of  drunkenness,  I  am  free,  of  wl»m^ 
dom,  thefts,  or  murder;  therefore  let  none  say, 
tliat  we  are  murderers,  or  would  kUl  any,  but 
in  self  defence,  and  in  defence  of  the  gospsL  I 
truly  forgive  all  men  the  wronp  they  havedoue 
to  me,  as  L  deskc  to  be  forgiven  of  the  Losd; 
but  aa  for  the  wrongs  done  to  a  holy  God,  I 
leave  these  to  him,  who  is  thenvengiorof  bfood, 
lethim  do  to  them  as  he  may  be  ^oriftri. 
Now  1  say  no  more,  but  pray  that  all  who  sm 
in  his  way,  may  be  kept  from  sinning  ondir 
suffering,  and  that  every  one  may  prapvs 
for  a  storm,  which  1  do  verily  believe  is  Ml 
far  off. 

"  Then  stooping  down;  hb  sahited  som 
ft-iends,  and  ^,  larewell  all  relalioBs  ssd 
acquaintances,  farewell  all  ycthat  anelevcnof 
Christ  and  his  righteous  cause.  And  beobon- 
ing  to  the  multitude,  he  said  farewell  abn.  Aid 
sohe  went  up  the  ladder  with  tlie  greatest  dis- 
coveries of  alacrity,  and  magnanimity,  sad 
seating  himself  upon  it,  he  said.  Now  this  doth 
of  mine.  I  fear  not ;  for  m^  sins  are  fteefcf  psr- 
doned ,  yea,  and  1  shall  sm  no  more,  ftf  I  sm 
made  tiirough  my  God,  to  look  hell,  wmA, 
and  devils,  and  s'm  eternally  out  of  oounlaDsact. 
Therefore,'  farewell  all  created  enjeynHOli, 
pleasures  and  delights ;  farewell  simuDg  isd 
suffering ;  farewell  praying  and  believing,  sid 
welcomie  heaven  and  singing.  Weloonejef 
in  the  Holy  Ghost.  Welcome,  Father,  Sis. 
and  Holy  Ghost;  into  thy  hands!  commit  siy 
spirit.** 

When  the  executioner  was  about  toaotit 
hU  cra\at,  he  thrust  hiiu  away,  and  ootisdit 
himself,  and  calling  for  his  brother,  thrsir  it 


taui,  what  now  they  disown  ;  tlicrcfore  beware  j  down,  saying,  This  is  tlie  last  token  you  wiUfECl 
of  standing  in  the  way  of  others,  seeing  ye  will  from  me*,  after  the  napkin  was  drawn  oferbii 
not  go  in  yourseUes..  My,  I  f'xhort  all  you  lace,  he  uncovered  it  again,  and  said.  1  biH 
that  are  the  poor  remnant,  to  tx.'  serious  in  gut-  one  word  more  to  say,  and  that  is,  to  sll  ibtt 
^g  vour  interest  cleared,  you  that  are  in  the  have  any  love  to  God,  and  his  righteous  csum, 
the  dark  willi  your  case,  take  not  fliishes  for  ,  tjiat  tliey  will  set  time  apart,  and  sing  a  iosg 
conversion;  study  a  holy  conrcrsatinn ;  be  at ;  of  praise. to  the  1/ord,  for  what  he  lias  donett 
more  pains  to  know  the  script iiro^,  ;iiid  lielieie     my  5ou(,  and  my  soul  says,  U»  him  be  piaife; 


them,  be  serious  in  prayer'  hi i^ lit  not  time, 
take  Chri&t  in  his  own  trruu,  nnd  rrsulvft  to 
meet  witli   trials,  and  that  shrrllv  ;  bliyht  not 
known  duties,  commit  not  known  sli.s,  uhat-  j 
ever  sutferinj^  ye  rna\   rnrtt  with,  lor  your 
eleaving  to  duty,     Lip'pen  to  (Jofi  and  you  will 
not  be  disupiM)intcd,  construct  well  olbiiu  un-  | 
dcr  all  dis(>enstttions ;  Wi>ar\'  not  of  .suffering ;  . 
he  not  at  case  in  h  day  of  Jacob's  trouble.     I  | 
have  one  word  more  to  speak,  to  all  that  are  i 
goini^  on  in  i)crsecuting  the  wa\ ,  aud  friends  ! 
of  Christ,  and  that  is  the  very  wonls  of  our 
liord  Roflccmcr,  "  whatever  ye  do  to  one  of 
tiiet>e  httle  ones,  ye  do  it  unto  me.**     I  nray 
the  LonI,  that  he  may  open  the  eyes  of  all  tlie 
eletrt,  who  are  yet  strangers  to  regeneration ; 
and  also  convince  such  of  them  as  are  fallen 
(jevm  their  Urst  to>  c    Now,  my  irieuds,  1  have 


then  letting  down  the  napkin,  he  prayed  i 
little  withiii  lMm)telf,and  the  executittner*iloiB{ 
his  oiiice,  tlucw  him  over. 


TuK  Last  Tksiimony  of   Mk.  Jimls  DoKi 

StLOENT     uF    TliCOLOGV,    WHO     SCFFUXD 
AT  TU£  C^O.SS    or    EUINBLRGII,  JULT    Vt 

16U1,    WRrrTE.N     l«i    a    LcTfER    TO  ia\ 
Brother. 

"  I>ear  Brothtr ; 
*'  I  ha\e  not  now  time  to  write  that  which  I 
would,  but  to  satisfy  your  di-siire,  and  the  de« 
sire  of  others  who  are  concerned  in  the  csitfS 
andwurk  of  GutI,  that  is  now  at  i\m  tisis 
trampled  ujtoii,  1  have  ^ifMU  out  my  indiei* 
ment  to  a  frimui  of  yours  ;  and  now  I  sisl 
give  y  ott  an  aooNuit  of  the  enenks  ^UK^mom 


SnTO  TRIALS^  5 J  CnMLts  lU  Je8l»-/9r  fVfM^fv* 


^«fiiiM  niL    Mjr  liiJIgmeiii  did  rnn 
n^  lf«ftaiiL     1st,  'flmt  f  liAtt    V 

in  ■rOMVi  fiotliwcH- bridge,  wns  i.u. 
bn  Ibe  Mbnc^  of  tru)«i.    lidh ,  T1i 

llbifittMlhtr  rf •■-... 

MaimMBi  the  ain 

■ij  f^lUf^  Slid  Rpftkr 

■MiM  «r«i  spokfii  by 

low^  fth   thnt  niir  'prTikm^r  did,   waj 


»py,- 


^  thp  ftifn<^  jnd^eni  wirti  ut    iThp?*  -^r e  Ih 


tat  df 

iLii,     11.1  L-   miu    nn  111    !»'-.  t..Ara[u  tlOt 

l*«  jtH!§;ps   of  olhfT  mens  iictions:  u<i  to   llie 


■1' 


r«M  pre- 
n  in  ehi* 


♦iedareii 


itaelt'* 
it^,  Hc  are  of  i 
M  m  their  n^nrpit 


t  tfiiit 


ed  m<' 
say,  ihm  ' 
out  of  X\\K 
yoiiT  swvi 
with  n\y 


lit, 
rtun 

♦■Tit  acln   a; 


'    10, 

i^nr  i?on- 

*«  never 

'f  thetjv,  buith.ii  which  is 

•nT.  !f  ItiHr  s'riTinle  «?rfen<»e, 

■  and 


as   i*;v- 


It  ot 

1^ 


...   prci>ietit 
oDlJv  to  the 


W-,  lo  lie  as 

ir*Jc<J  I  I'fu- 

|ivf  ftMng  jf. 

»  ilitrd,  It   liii  <ia) 

b«  (iriit,  1  took  lid 

||iri|^itier,  inO  l«    "1.^ '^'>  »..^   iii^, 

Kti#C!i^4s(t^  own    (Hl  htst  yiflo.     Ami   as 
if  cfectBriu^^  uf  irnr,   1  tM  alwuir  s  look 
ti»  tn*  ofii>  and  tiir  Ramc  though  dif- 
»i|nimiu<»  with  that  Cflutained  in  tbe 
at  tb^  Vtrsy^  aud  that  tlie  mam 
i^  in  WM,  Vb  f  tiidicHie  11^  li«fore  tlie 
mm  f«|icll4tif  mijuAt  viotencc,  and 
m^  thorn  mfti^mm,  timt  ^fi»f<>(?«4(t 
fi«,  IlkrboMm^'  ;    th* 

T  ]irh  tie  acj^n^s  1  .ve 


iH 


tW'itt   >»  II w    iirc 


not 


a|foti  tt, 

Atid  now,  der.r  Ihtitfier,  you  may  see  oar 

3oan'<  1 4f]i  rl,  lo  bo  tho  same  tlmt  BT "  ' 

times  t Ml  Um-fj  hii  head  for;    bestd 

ill  my  other  two  friends  head 
Thore  were  many  other  thing 
*   :  uxi  me  ntid  3Ir.  Wilf 
my,ri?getit,  now  counc 

with  th(  I  vv  Iliope  1  maJI 

m\  4ied  like   a  birl  1 

'.:i:r     Ml      r!i..     ',,,.^1,   ;/'        Aod     115    t*  J 

!   ''-  I..    *M  1.. , -1...  j,.^  tiow  it  wenll 

1,^  hit  re  beenitit^j 

It'  to  prison,   biHf 

f*l*»rv  to  Gud,  who  ii**iU  not  Ucen  wantin"' 

me  m  eri*inf  mo  osj*i»<**?mc^t  yea,  many  tune 

V  ,   and  he  i-  i  sjiiiinj^.     And 

I  do  to  the  -  y  rite  above  th^] 

''     >\>  that  I  ni:i  Ml  as  sweet  a  calml^' 

Lig  to  b^  inarried  to  one   dear 

-  ;.^.    .      ...^.,  my  cold  Ueai-t  is  not  ahle 

answ^erliis  burnina'  iove  \  but  what  is  want!n|f| 

in   II n'.  IS  und  sh;ilt  ht^  nuide  Up  in  a  8a?ioifr] 

he'd  IH  uh  thiDg^K  af>4  [ 

[  1  a   this  end,  to  brin^j 

\m  »tiuv»oj*    tliiiiJtcii    to  their    own  home,/ 

%vhenLor(I  think   I  ntny  ftilrenture  to  say  iljl 

I  am  one,  »  '  -^.    Now  1  have  na] 

timetoeii  .iM  sfit^e  Toti  a  mor6| 

icnlaraLcoiuiT  o!  tioii  ;       ,  and  deal* 

vithnie;  hut  !el  Ihi  •  liut   1  arU  i 

-Til  t- fairly  on  the  way,  au"  vnumi  ihe^lew  of! 

Emmanr{er»  land»  and  in  hope^  to  be  receired  j 

an   inhabitant  there  \%iil..n    fin'   ^mui^   of  !jj^ 

hoofs  at  moiit.     Fat-  lortiL  ^ 

liin  well  all  worldly  a  I  urnij  | 

s,  wtlcomc  dcaven  and  ercHastrng  hap* 

s,    S!c,      I   hav«  no   more   spare  timel  ' 

(jiur*  ltd  peace  be  Hithyon,    Ameru  ' 

V\  irjfh  Tolbooth,  July  57,  ttJSl, 


The  TcsiiMONv  of  William  Thomson,  wir» 
LIVED  LN  TiiF.  8niRE  OF  Ftri:,  JHHD  «ur« 
I  EKED  AT  Koi;tiBuaGU,  JvLV  27 til,  1681. 

**  Mt'll  find  TlirlliienT 

«*  I  l^iii  adi 

for  my  a«li'.      .  '  ftoa 

I  L  of  I'tic  ir^tm  heajtui^  wl 
I  jy  Mr.  Donald  Canpl,  th 

bath  c»f  June,  this  present  year;  and  i 
111^  when  1  may  be  tuketi  and  mui 
tht  stated  enemies  of  our  Lonl,  (fur 
th^r  walk  atVer  the  e^piity  uf  their  ou  . 
God'i  lliw,)  J  hdre  tor  fear  of  iQoouv...a..Mi.,.q 


90SJ    STATE  TMAU,  33  Crarlbs  II.  1681.— 7Ha/0/Gn«ai  Mid  ofkri,    £901 

laid  hold  of  this  opportunity  to  set  down,  under 
in^  hand,  or  tiroin  my  mouth,  an  account  of  my 
lite  and  convi'raatinii,  iind  my  testimony  to  the 
truth  of  Christ,  and  a^fainst  all  the  abomina- 
tions of  tlie  times. 


Testament,  oontainhig  the  will  of  God  Is 
man,  and  anent  man;  and  that  ibe  scrip- 
tures are  a  full  role  of  taith  and  maonen 
to  us.  I  adhere  to  the  work  of  relbnna- 
tion  in  Scotland,  to  tbeCovenauuNatioBal  and 
8olemn  Lpa|;ue,  the  Solemn  AcknowMgnieBi 

-_ ^-_      ofsins,  and  Engagement  to  Duties,  the  Conies- 

vokin^  courses  ;  and  aboufrthat  time,  when  I  siun  of  Faith,  in  reirard  it  afrrees  wKb  the  fuie- 
saw  the  people  of  God  goin^  todraw  tOjErether  said  writioiifs  ;  the  larger  and  shorter  Cale- 
to  adventure  their  lives  in  the  Lord's  quan^l,  j  clnsuiR,  as  most  seasonable,  aound,  and  ac- 
tlu*  Lord  tuok  a  dealing  with  me  at  that  time,  j  coriiiii;^  to  the  scriptures,  and  well  worth  the 
so  that  I  i:ould  neither  get  nij^it's  rest  nor  day's  ;  n^:i::.<;,  consiilerinjf  and  practising  what  is 


*«  I  was,  before  the  j'ear  1679,  running  away 
with  the  rest  of  this  generatkm,  to  God  pro- 


rifst,  till  I  resoUrtt  to  go  with  them.-  And  on 
the  other  hand,  was  afraid  lest  1  should  have 
been  the  Achan  in  the  Lord's  camp ;  but  a^ain 
I  remembereti  the  Lord's  promise,  that  isBeld 
out  in  the  word, — •♦  return  unto  me,  and  I 
w  ill  retiiru  unto  vou,  saith  the  lx>rd  of  Hosts," 
Mai.  iii.  7._    NoiV,  I  do  with  all  my  heart  bless 


therein  set  forth.  Isay,  I  adhere  to  the  Kb- 
thcrcrlpn  T^timony,  to  the  paper  commooly 
ralleil  Mr.  Oonald'l'argirs  C^of^enant*  of  m 
date  of  June  16C0.  I  adiiere  to  the  ortgiaal 
copies  of  these  papers,  as  they  were  amnetei 
and  revised  by  the  authors.*  And  likewise  I 
adhere  to  every  sound 


^ -_  ^    _  jind  paper,  tending  to  the 

the  Liml,  for  his  w<»nderfull  wmkuicfs  with  ]  good  of  relisfion  ;  as  tlie  Directory  for  HonUp 
me  siuc'T  he  bt  i*:an  with  me.  I  think  j  and  Catechising ;  and  1  adhere  unto  the  dse* 
when  1  look  iMi  his  dealings  since  that  time  ;  tiiue,  discipline,  worship,  and  govemmcat  rf 
till  no^v,  1  ii.dst  sav,  that  I  am  a  brand  the  church  of  ScotUind.  I  bear  my  testiiaMj 
phicki'ii  out  of  tlij  lire.  O  that  my  heart  I  unto  all  the  lawful  wrestlings  of  the  pcoplerf 
and  sinil  t  ould  iirnisc  him,  for  all  that  he  t  God  for  truth,  and  in  the  defence  and  prner- 
haih  done  for  iiie!  .\,\d  r.ow  I  am  content  to  die  vatiun  of  their  ciiit,  natural,  and  dhine  nfbli 
a  dyvour  m  friv  ^cc.  and  in  Christ's  debt.  I  and  privileges,  contained  and  held  forth  ia  ths 
I  nas  c-horired  »iih  beiiirr  guilty  of  rebellion  [  foresaid  |>apers,  against  all  encroachers  tbere- 
against  tlirir  iirinc«.\  I  wa!sanNueret1, 1  was  not  ■  upon,  an^l  6Hray«.TS  thereof;  espe«:iaily  by  llie 
so,  for  I  u  d.<  licrcaprisonerofjtv.us  Christ,  and  i  kword,  as  a  mean  most  lawful  and  commanded 
forhisi^ki';  and  told  them,  I  adliorcd  to  his  en  i  of  God,  to  be  maiic  use  of  in  that  qntnd; 
tenant,  anrl  .ul  thiiigs  in  it.  1  am  not  i-onvicteil  !  i«  hich  is  to  be  carried  to  preachinga,  and  olb« 
from  the  woid  ofGml  uf  any  crime,  as  to  him  j  asseinMies  of  the  Lord's  people,  and  sa  nracb 
whom  they  call  king ;  u»r'  any  thing  worthy  I  the  more,  as  the  enemy  discbarges  it,  as  tht 
of  death,  i .  uuiMiUHl  a^ai:tsi  any  iiian.  lither  in  I  cast*  non  stands. 

tboi:<j:!it.  uorl.  or  deeii.  S«>  niy  blthxl  shall  j  '*  In  the  last  place,  I  give  my  testimony  aad 
t(.ci:-;r.0(*cu;'l»1w.Hl  slie«l  in  <  protrsiatiiin  againsst  all  wrongs  and  iojorifs 
iliiiic  tit  <vMi  ai.d  his  people  throughout  tbe 
u  hi  lie  ^vorld  this  day  :  and  more  particularif 
au^^i^st  aii  ti^ct  hath  bi-en  done  in  Scudapd, 
Minv  liic  K'l'inninsr  ot'ihc  work  of  refomutiai 
uitio  thts  <L\ .  in  |iri>:udii*e  of  God's  gloii.  bii 
u  ork  auO  (K>i>ple  ;  and  cs|»ecially  these  minf 
Skins.  l«t.  The  corruptiitn  uf 'the  worship  ■ 
IiikI,  pn^ianaiion  ot  his  ImIv  thintfs,  mocking, 
niiv^tlKviui;.  and  IkIv  ing  uf  God,  and  canyiif 
.ts  if  ttiere  vtere  no  (iod.  \ea.  which  is  none, 
s;n  ing  he  3ppm« os  ^>t  all  that  they  do.  O ibii 
hcaicn  (.vnt«*muiuir  genera tinn  !  3dly,  Agaiorf 
ii)i>  ijei'rai.iiir.;;.  mockinir.  luunWing,  and  op- 
pn  *>ini:  tl-.e  j-ei-ple  of  Gtxl,  in  tlieir  bodiei, 
c  <'..scio-.\>s  .Hal  estates,  and  punishing  them 
r.>  t-i.l  dvHrs:  \(a.  a<  the  rilebi  monsten  d 
i-n.:  lu.  aLi«i  il-..it  ixsi\  ti>r  fuUowing  their  duty, 
a:> .  ::  A.nis  t;:c-ni  in  &:i:ik.  as  it  were,  akfti 
:!»«  ^  :oi:i.ii :  aiid  makin^j  their  names  to  roi  bi 
oai.iu«ni«>  aiid  rciTi-achiiS,  and  d«iing  all tkri 
(.-.:)  U' iirii^oThcm  to  Mn  :  and  then  b!aoiiii( 
i:w:-\  ,\^\'.<  nv.:.r.  iuMrumcnts  of  all  ibc  OVi 
t-ii:t-ti<i!s  tiiLURirs  and  abuses  in  the  land:  ■ 
liut  II  :>  i'^oie  to  that  uiiU  it,  *-  the  man  iki 
dciVtrt»  troin  ini^.i-.tt.  makes  bim^lf  a  prey*' 
.%nd  scarce!  \  rj!!   it*ii*9e   %iho  design 


.  »fc  or  . .  »»r 
cry.  witii  tli-j  iiiio 

the  lain!,  ii.r  \i!i;rt\r.icc   troi:?  lieain;.  im  iho 
ill  habitants  ^r*  lin*  earth,  great  <»r  small,  v  ho  ' 
r.:e  in  i'k'  K.isi  accevsury  liioieu^  a\  and  while  ' 
they    rcj.«:ii,      li   i$   ii<.|   n\\    x[o::\if,  b:.:  thrir 
o^wi  il.wi  h:i!h  [r.iiv'ori'd  it :  and  (•i>i|  :s   ju^t  lo  ' 
st^tk  a'ur  tlii-in  t\ir  the   same  ;  hc-.iht-r  is  it  in  ; 
any  1113 i:"s   pu'iir  to  l^r^io  t.i.i*.  r.»  Nmi:;  a  ' 
briaili  ol'iicirs  hnly  law.  wii.ioi.i   ri|vni.:ncc.  , 
iior  then  nt  uIut.  tor  the  t'unhc^i  it.cy  can  cuii>e  ■ 
is.  ba;  to  dcila-*.-  Uiito  lucin  in>ui  G  d*s  wcrd.  . 
thai  that  ami  ti.nr  otbe."  >i:!>   »}ia!l  ucMr  be, 
^hJ^sT^Hi  upon  liuni,  it  they  have  inil\  rvrt*eiv».d 
1  sirisi  I'.j  oii  l,i>  iiub  ;c:-:i>>.  .a.d  wal^rd  worthy 
frihcl-.«r\i.  unto  all  *u!l  pis.  isir.v:.     IVii  m^«'* 
tilt  ihi:.;;  i>  clo.ir.  I  hi  sjr.mr.i  •»  luret^n  tlicv  in- 
tiTid  to  t.'ikt'  .*\«.i\  liu    I.U-.  IN   !.  ,■   cv.^w'ninj 
t'iurU->  N.uiH  :/r  iii\    k;.',;r.   l'.v\ii!>«.  l.c  will 
ha*o  r.'>  b«'m,«o*  i^iH^n  tl*.'"  a,.'c .■♦.:»:  i-:  t*ic  co- 
venant tVi'in  mc,    or  .my  oll'.r.  ,\'m\    ti.-«i  ouh 
rtt)uir\>  the   jurli-rir ;:•;:■  i^t  ww  *.  ,:r.«l  ki'tpinc 
and  ti'l.ii!i;*s:  i^ic  ^.»tiii.i:iiv,    INai.    l.     S>  :n 
lh;s  CJX-.  1  causi.  t  m:\c  ivi^i  ii..i>«i:s..aud  1  rc- 
S4>Ko  :o  V  !v\  ttvHi  ra;air  ih.\:)  1V..111. 

*'  Not%,    I    iu':v  as  a  d\ -.u;^  iiia:i.   rxadv  to 
sti'p  iuio  (icrr.ix.  iiawn):  ncahh   and  sixx-p.^nii 

.liid  IvLi'.^  in  in\  ri^lit  ir.aul.  dtvUrv",  I  stincre _ ^_ 

t'l  ihc    rio'.CNiant  rtttgnni.    as  thai  which  is    gvi  am::ht's  quarUrMoauvbouse  in  tbeha^ 
Ci«>ii  »  ti  ;ic  u  hgion.  and  ;hc  1  hrwiuin  ivliin««.  '  m«  that  iLe  p«»(>le  i4  iknl  are  brraaie  '*  a  ■esc 
adhi.v  to    lUe    holy    ru'e  %4    tbe    wwd  :  i«iibctrk^^  and  a  fear  totbeirfricMk,  u'" 


ol  God,  the  aoriptum  ol'  Uw  iM 


MHl  Ncvl 


pocaaLy  N|«\iacbfd  ef  tboee  wbo  aie  tbdr  Mi 


STATE  TRIALS,  SsCttARtEs  11.  l6SL— /ar  Treu$on. 


[909 


rnhftftrwr 


Ikf  l» 


M  the  pmtitiiit  romjilftitis. 

';:j  .1  ;   .1:     -:.  uU  thm 

fGod, 

i  ;  whe- 

i    ,  , ,   ;i,v  V  l>emp 

iiorlrtist^  who  trilt 

.jMin   Jiiiv  ati'owiiti 

'iiitefor  fulfilling  their 

ijeir  wicked  desigTis  and 

1 1  tUc;y  were  broiig^ht 

iTH^ht  feigo  themselves 

ivy  then)  so  much 

1  Bfty»»  **  when  he 

;'  -re  are  imven 

,  I  leave  iny 

,.-it  LiMiiiiUiite  of  their 

ariii|f  nf  GwJ's  works 

I  .    itlut^  lii«>  atid  their  ene- 

Wf  irijr  It  u  so  expre««iily   ai^uinst  the  oo- 

anil  HI  ill  a  I  vnhn  I  hey  beini^  called  to 

\  ami  not  to  sm,  to  which  practice  h  an- 

ft  gmciutii   {H'omise ;    *-  lie  that  losetli 

"  r,  (^'ooiU  Of  reUlion^,  for  Christ's  sake, 

'(Mf>rr«.  lihall  receive  nil  hundred  foldtn 

'  14  to  come  lite  cverlajrt- 

I  ',   1  l»ear  itiy  testimony 

>i  vjiribi,  ns  the  only  tfesirable  op- 

imi  rirh  lot  ot  the   pt'ople  'of  Go«l  th]8 

O  it  is  tlie   portion  of  po<ir 

to  Keek   God,   and   de^ti^^n 

i  I  !  1  think  they  want  a  ifobd 

ol  tl  that  wunt  H ;  and   1  think  they 

«iithin|r  tliut   have  it,  and   £^t  leave  to 

leartsomdy,  and  hi«  presence  under  it, 

Ime  ynii  all  to  take   it  on;  I  dare 

\m  much  fof  your  enconrag^'tnent,  that  it 

ly  and  »wcet.     There  is  no  better  way  to 

cm**  ntchllhan  i4>  cast   all  our  care 

i»t«  and  irn«t    htm  fm-  aW  things,  and 

-  ^   -    uis  ju  the  matter,  and 

and  oWy  his  voicf*  jn 

»  !»-  ?   i.'xV  all  UDgod- 

,  wherem   I 

1    ^         ,  li   world,  and 

mbehelf  a  snbiiic,  pnwed'uK  an  J 

il,  and  tentptetl  w  ith  a  company 

liave  shaken  off  the  fear  of  God. 

LonI  Jesus^  into  thy  hand  I 

,        WitxtAM  Thomson. 


TaTT  Tr^TTMONv    or   Wiixiam  Cutuil, 

on,  JULV  sr,  1681, 

ady  to  step  iiitorternity,  tinil 

^  nf  a  kinL^»l«uii  (Htvenanted 

IS,  enter  my 

laony  ajyainst 

Hlr«llfl^ll  *  hri'^r*;  m^- 

'.!    of  hiv    kingdom   in 

' ■■■i    of 


•r««nbi  »'  , 
Tlir  adni  !i 


to  the 

I •**»'*,  Hiiu   «r«.n»iiui|f  hitH| 


whike  they  knew  he  carried  hatrt^ftiAity 
a^inst  the  peofile  of  God,  and  while  in  the 
mean  time  there  was  so  much  of  his  treachery 
mn(\e  known  to  tlie  parliament,  by  his  cotn- 
misKsionating'  James  Graham  earl  of  I^lontroset 
to  burn  and  slay  the  subjectn  of  thi^  kingfdom, 
that  would  not  side  with,  or  wouhl  wtthsianil 
him,  in  the  prosecuting  of  his  wickeihiess ; 
which  is  recorded  in  the  causes  of  wrath,  and 
the  remoDJitrances  of  the  gentlemen,  mintbters, 
and  commiinders  attending  the  forces  in  the 
west,  in  the  year  1650. 

**  2.  Airalnst  the  unfaithfiilness,  connirance^ 
and  compliance  of  niintsterB,  and  others,  at  the 
wickednesH  per{ietrateil  in  the  land  during  the 
time  of  Cromwers  usurpation  ;  for,  as  f  am 
intbrmedf  few  testified  against  him,  for  tramp- 
hog^  all  the  interests  of  Jesus  Christ  undi*r  his 
feet,  in  giving^  a  toleration  to  all  sectaries 
which  was  to  set  up  their  thresholds  hcaide 
Cnmt'«,  and  their  altars  beside  the  Lonrs,  in 
a  land  covenanted  to  God,  never  to  suffer  Uie 
like,  and  lyings  under  tlie  same  bonds. 

'^  3.  Aguinst  tlie  public  resolutions^  for  the 
brinu;ing'  in  mali^^aanni  to  the  places  of  power 
and  trust ;  wliicli  have  been  the  rod  in  God*s 
hand  above  the  heads  and  u]>oi»  the  Ijacks  of 
God*ii  people,  ever  since  they  lusted  after 
them  ;  and  now,  I  suppose  they  are  conrinced 
that  God  iiath  ^tv£^n  them  on  tlie  fingfer  ends 
for  it  :  but  we  have  not  seen  them  confessing' 
Iwfore  God  and  his  [»eople  in  public,  that  thcr 
have  added  this  sin  to  all  their  other  stnn,  in 
aiiking-  them  a  ktng^  whereas  the  Lord  was 
their  kiiiqf. 

**  4.  I  bear  my  testimony  agminst  that  un- 
paralleled practice  of  mlmsters,  in  quitting' 
their  charges  ;  and  that,  which  doth  more  ag- 
gravatc  their  guilt,  at  his  command,  who  bad 
no  nower  to  act,  nor  right  to  be  obeyed,  neither 
in  that,  nor  vet  in  civil  things  ;  for'ilicn  he  had 
unkiDgerl  Bimself;  iOid  their  going-  awaj 
without  almost  ever  a  tetitimony  ^htt  shoufd 
have  been  the  main  men  that  shonld  have  told 
4be  people  ii  hat  to  do. 

^^  5.1  hold  it  as  one  of  the  causes  of  God's 
wrath  against  the  land,  and  one  of  the  causes 
of  God's  breaking  and  scattering  that  poor 
handful  of  men  at  Penttand,  that  renewed  tht 
covenant  at  Lanark,  and  did  not  keep  his  in. 
terest  out  of  it ;  for  it  only  binds  us  to  its  main- 
(ainers,  not  to  its  destmyers. 

**  G.  I  bear  tcstimonr  against  the  procedure 
of  the  ministers  when  they  came  to  the  6ehls 
again  after  Pentland,  because  they  did  not  lirn 
begin  V  ith  public  and  private  fusts,  and  make 
up  llie  hi  dge  and  gap  for  the  Clnirch  of  tiod 
in  Scotland  :  and  then  only  preachi-ig  to  nac^ 
of  conscience,  and  not  catechising  (he  |>cople, 
nor  informing  them  rn  the  duty  of  the  day  ; 
IntI  did  let  tiiein  pay  curates  stipends,  and 
other  revenues  of  that  natum.  )Uit  I  think 
they  were  engnged  to  God  under  the  pattt  of 
loKitig  soul  iind  body,  in  tlie  day  oi"  GmVn  Icar- 
ful  judgment^  to  tell  the  [let^nle  to  cha^e  them 
out  of  the  land.  Seeing  prelacy  was  abjured 
and  cast  out  like  an  abainiuable  brmich^  as  a 


mlioB  ;  aod  in  fiiodering  tbie  pii^g^ia^  lof  the 
army. 

'*  "9.  I  bear  my  teititnony  agaiiut  their  trea* 
eberjr  at  Edinbui^,  wlien  a  proclamatioii 
came  out  to  the  riew  of  the  worid,  blaspheming 
God's  true  religion,  ami  declaring  that  all  that 
belonged  to  God  was  dae  to  Charles  8tuart, 
which  is  the  plain  sense  of  the  act ;  and  they 
■at  in  an  assembly,  and  voted  for  a  liberty 
coming  from  him  to  iireach  by  ;  thoi^h  the 
▼ery  same  day  that  that  was  proclairoMi,  two 
of  their  mora,  wortliy  and  mithful  brethren 
were  murdered,  O!  how  much  pomp  and 
joviahy  was  that  day  in  rejoicing  oyer  the  ruins 
of  the  work  of  God  and  his  people?,  yea,  over 
himself?  There  was  first  a  scattbid  made  on  I 
the  east  side  of  the  cross,  and  a  green  table  set 
down  on  it ;  and  tno  green  forms  ;  and  then 
tha  cHKs  was  covered ;  and  about  twelve  honrs 
of  the  day,  the  pursuivants,  and  lyon  heralds, 
the  lyon  king  at  arms,  and  eight  trumpeters 
went  up  ti>  the  cross,  and  fourteen  men  on  the 
foresaid  scaffold,  and  seven  of  them  with  red 

Swnsof  velvet,  and  seven  with  Uack,  and 
m  that  act  was  read,  anil  at  night  the  bells 
were  ring'mg,  anil  bonfires  burning. 

'*  10.  1  wave  my  testimony  against  them 
lor  running  away  and  leaving  God's  flock 
after  Bothwell -bridge,  when  they  had  drawn 
them  to  the  fields.  Docs  not  tne  Scripture 
say,  that  they  who  are  in  the  watchmen's  place, 
should  warn  the  people,  when  they  lee  the 
airord  come  ;  and  have  nut  the  ministers  of 
Scotland  had  the  first  liand  in  all  these  courses 
of  backslid in|rs?  Well,  their  sins  are  known  to 
be  no  more  uus  of  weakness,  but  sins  of  wiok- 


'Ml.  I  bear  my  testimony  against  them, 
because  they  did  not  jtiin  with  their  brethren  in 
the  work  or  the  day  in  preaching  to  the  people 
in  the  fieMs.  with  Mr.  ilichard  Cameron  and 


ConfesaioA  oi'oar  Fauh  aay,  these 
the  church,  and  their  brethren, 
their  repentance  as  public  as  thi 
have  been  P  Is  not  this  the  plain  i 
that  article,  jea,  the  very  words  ah 
Confession  of  Faith,  chap.  rv.  art.  1 
out  which  thing  be  done,  (if  any  wo( 
counsel,  who  am  looking  to  receii 
tenoe  of  death  every  nour),  I 
meddle  not  with  them,  foi'tbey  hs 
sinned  against  the  Church  of  Got 
brethren,  and  their  own  souls,  I 
G(k1  :  and  have  they  not  been  Kghl 
cherous ;    whereof  many  instaoc 

S'ven.  Have  tliey  not  polluted  tlie 
ave  they  nut  done  violence  to  tha 
they  not  been  untaithful  ?  Are  the; 
iog*very  0|ieHly  amongst  God's  stai 
while  the  people  of  God  dare  not 
fear,  if  they  make  not  haste  to  cot 
courses,  that  God's  wrath  shall  ove 
ere  it  be  long.  And  Instl  v,  I  beat 
mony  against  them,  for  their  nnte 
weak  cimseiences,  ;kud  making  ii 
giAs  and  parts  to  wrest  the  word 
put  out  that  li^ht,  which  God  has 
things }  of  which  I,  among  othe 
proof)  for  one  of  them  came  into 
and  tokl  me,  that  he  had  been  di 
him,  who  had  been  pursuing  us  to 
king's  advocate),  that  he  would  noi 
cent  Irfood  upon  him ;  and  out  of  k 
demess  to  our  souls,  he  came  to  pa; 
and  said,  he  was  neither  a  curale ' 
dulged  roan,  but  a  minister  of  the 
he  said,  that  be  w6uld  be  well  mi 
we  were  doing,  for  the  advosate  b 
were  shortly  to  be  before  the  crin 
And  J  aaked,  what  he  advised  as  l 
began  to  tell  him  the  ground  wb 
were  accused,  which  was  this,  tl 


ITfiTfUALSi^  d&Ciiji.»i.sili.  iS^t.^for  Tnonm. 


^19 


;  liiMi 


frixs  ihai  af  Zc«ldniili%  anil  tkiis  ta 
Sit  mmm  frum  ihm  vfPHi*    Aii4  \m 
aii4  JvuMlinft  wliowithflliwd 
t.  wt  vNMilil  not  bs«r  bun  ;  iuhI 
\  ntf  m^  thin^  ws  aoy  coodltim^ 
lisiiinii  Mid  cird^r  oftheooro- 
r  did  il«e  ti»  th»tii  aH^iaiwo  U> 
I  iImI  Mcoutil.     But  i^liat  .^ 
bM  «vary  one  cm  reA«o«  oqU 
U  or  elie  I  bat  tliev  are  iiol 
[but  gaJiMtan^vrs   of   the  Iratii  i" 
'  gitcn  to  «r«ry  ro«ii  biameuurv 
i'tt  bolb  •*  11  luey  kiK»w  not  this, 
K~^llot  BGCOfilitisly»  tliej  were  nevef 
lia  h^moaufim^m  ^  gocpeK    He  ^uid, 
wooMarnt)  me  any  of  the   rn       ■  - 
hI  ti»  cJill  for  :  I  stild,  ihu  I 

ili»  m«>  a4td  I  wou'i  a  great 

io<r  Ilia  liami  ?  But  ,    that  he 

way  bv  Jiuti»eU.     iitit  wlmt  shall 
liy  hcnrr  ts'tile  to  fctftk,  when  1  think 
ofthcbntl.     O   I  think 
i*»e  *  Oiily  1  know  Ood 
'  it. 

fiinmiv  ocraitist  all 

■       liof  the 

%  against 

•  r  '"mnd 

dittt 

...  ,:  the 


'itii  hit  sill 

,  leave  im\ 
I  eommon;i  I 

nI  tie  tiht-ii 
lliath  a  turn  to  \ti 


"in«t  tHe 

>a  mudi 

H  ranks,  I 

I  ii»  ti^*?i\*  hands 


toiilil  ti6}Knii»e  hiii  <^«mrre1«  and  turn 
k-aJl  thvir  beartx,  ;in(i  mil  rfnHVr  the 
^  g«A  aa  it  dom  ;  but   in<if*t'<i    ifury  iuti8t 
Dj  with  God'a  t^Utrd  cnPTnies^  and 
cqmt  tkjilHOnt    \W\\\  u\\  jt»u  one 
wm  lust  the  maimers  of  the  cotirt  rrf 
aiit^  ike  iiiuniirTs  of  the  roiirla 
wbat  tliiTiL    ir  ro  <hi?  Or  how 
leountn'  "'   Willy  ft  hilt 

IPJImK  wi     .  link,  hath  the 

}'f  Will  ye  let  the 
ilpfernH  nith  vmi  more 
llf  n«dP  Or  this 

I  il*  ID  jMif  wh» ;  |!ar- 

"Tl  ya  tPUHl  Woo«i  Jl  may 

Rbn  |iiit  %m  auflPrt  Hec<H>iil» 

*"       i  own  <to«j  Aim  i^ti  people; 
rrry  few  id'  you  now,  who 
I  wncker^.     Will  \ettiiu  t.^  the 
I  your  ht«rii».     J-^  it  nwv  nJKjioe  to 


F^ai  Olir 

ofJmi  lofJool, 

}  4>f  Ha^tjpti,  Ihh.  \xiL  L^?t«k.  nil, 

I  if  iMIf  (ke  Lord  and  you  take  it 


**  !iow»  wha  »HaH  1  »y  to  wi.  wll*>  owur 
andadherA  In  Qod^a  caaise, 
miet  f  O  that  I  eouM  M  ; 
my  beaM !  Will  ye  loarn  y 

tha  Lord  and  ^t 'him  on  I  tUlnk,^ 

it  ;a  «  »  ,,.»jjfj  ti^ki'ii  **f  "  ""^    *^  ' 

I  to  be  ii>  ' 

1  ^eea  the  ^' 

r  iL.      Beware   of    iWinxX   vvaixt^   ani 

one  against  another;   kuow^  iha 
I  great  differencii   between  ains  o^l 

.  atnl  aitis  of  wickedne^ ;  ye  tnaip' ] 
lit  it  iii^uk  L?ery  failing^,  for  if  ye  do,  ye  ahaib] 
not  hove  two  to  atay  tii|fethi>p  in  Scotland; 
O  but  there  l)e  luuch  neetf  of  tliu  gospel;  au^  1 
these  minister*  will  not  come  out  and  coatemMj 
^  ^'hri»t!  without  whirh,  though  Iwereal>| 
\,  God  knowM,  I  durst  not  meddle  witbi  i 
.-.viiii  and  I  would  rather  keep  abiu*k  fVoin*  , 
them,  »or  othor  folk;  for  1  think,  there  i 
rnaiiv   lif  them  either  unconcerned,   or  fheivl 

misled,  for  how  con  it  he  othcr^iac^  ' 
r  ig-  with  tender  con»cienc?es^  for  they  i 

wili  ratlier  strive  to  break  tblk  than  build  thanii  J 
up,  hm  how  can  any  that  has  love  to  ClurialpJ 
look  on  them  with  good  will :  I  do  vcrilv  thiuk^  1 
if  ever  they  turn  again «  the  world  shtiU  near  telf  1 
of  it.  It  IS  beyond  all  coutrovers}',  that  they  j 
have  quit  their  ftrst  works,  atid  their  first  lore* 
O  will  ye  leam  to  be  soIht  and  grave  \  Cleair 
to  your  covenants  and  enpju^^rnents;  I  ssy^^ 
raind  your  pngajenients  ■  ^"^^^  nUnMii^r^on 
of  coTcoaot- breakers.     I  Y<^tt 

take  no  courses  by  the*! i  r-        yoiti 

cleanie«^  ;  but  inoeed,  I  know,  that  <iod  wtlii 
repirove  many  in  this  gyjnenitieTt,  beeau^  theyf 
put  away  light  from  th*ini,  Beware  of  thesi  1 
mifiiaters  of  ChaHea  Stuart,  these  indulgetl  an#  ] 
the«<>  I-^rHatic,  these  moekera  of  God,  and  coa^ 
temners  of  the  jfodly^  ihi^e  Cbrist-de^ertcrfj 
*'  '  '  !!ieae  Rcandnlout  I 

homGodhatli'^ 

iMa-Hltfi  «».«   ti"'  rtniTi  i«.'iT"iri  vu    -nl  tbc  CfCnVTaU 

that  isce  fin?  thiofir ;    theie  monstCTB  of 
the<lis|j:nje«rof  the  minis! n/   ♦''**  ".v-*  ronlempt^ 
of  tl»e  g^rtieratioo      God  li  -ics  hnd  m 

chureh  v^ithout  a  tninibtry,  vcr  harl 

ministry  without  a  church,  lioth  not  ib^] 
senptufea  say,  That  for  mnry  dny:^  !srncl  shall 4 
he  without  a  priest,  -  .Sec,' 

Do  wc  n««t  see  in  th'  wii-^ 

n^aaea  stain,  and  he  three  tlayi  au 
But>  O  cry  to  God,  That  l»^  would 
labourera  to  his  vineyard;  for  verily  mc  Har- 
vest is  great,  but  tm?  labourers  nre  tew.     If 
tlwre  Iw  a  r»«tini^  at  the  tttxp«)  on  the  people^i  | 
title,  then  1  think  they  shall  be  tn  extreme  ha« 
wwd  *'^  ifi-i:,.^  iK*  ir  vl»nl  it   i ,i^iW  mervy  pre* 
veil  I  i«  to  he  guideil]^ 

hv  f  ^  li);  sees  the  i     '"" 

,  he  run  a  i^^ave  the  abeep,  be-^ 

he  ia  aii  b  ^^ii  I  tltink  the  Twrry] 

ut  God  is  eni^iifed  tor  the  eh«ep,  be* 
have  na  shepb^#     If  is  not  the  ttfsi 
l«rael  haa  been  seatterrrl  as  $hi»rp  havirip; 
sliephei^ ;  but  it  Ls  as  aufe  aa»  iWe  aao  aMitt 


'  say,  tbftt  I  am  a  self 
s^ake  ibtt  wliiLh  G^hJi  gmve  ineto 
bui  adversvies ;  luitl  I  iUmk  titat  it  j«  mtftHl 

mercy,  Ihal  he  halli  Jicli. til  '     '    *" 

tb«in  in  matters  o\ 
owning  uf  them,  <uii  i 
our  own   rights.     'I 
testimun y,  atiil  foriuj 
and  request  all  to  bear  w  ^ 
especiaily  when  the  awof 
abci V  e  a  ma  n*s  h  ead ,     >i  o  ^ 
all  thin^  in  it.     Welcome 
Inio  thy  haodtt  I  recomtui^itd  my 
Sk  Subset  ihitur,         W 


L 


ll.  ll*     fft'*'  twftJ^ 


*r!>tiillioi«|||»; 


»|.l 


91 1]    STATE  TRIALS.  53  Charles  II.  ifiSl.— Tritfl  afCargUl  mtd  *4km. 


Qot  tQ  him  that  walketh  to  direct  Uh  ateps. 

^Aad  God  bath  sown  a  joyful  li^ht  to  the  up* 

'jfht;   md  be  has  said«  [lim  Uiat  8ttt«th  ia 

arknesa,  and   hath  no  li^ht.  Id  him  trust  in 

br  Lord  and  stay  himself  upon  his  God.     But 

t^uld  the  9(>ouse  rest  in  Jf^rnsalcm»  ami  her 

nd  not  to  he  found  ?  it  is  beyond  debate^ 

the  made  all  the  fk^lds  ado  before  she 

ranted  him.     Can   the  spouse    see    another 

Vear  her  husband^sf  cloaths,  and  be  well  aatis- 

fled?   ^'i*a,  one  that  ba^  rohbed,  apoiliad,  and 

ihut  him  to  the  doors  nitb  disgrace,  contempt 

r  and  shaiiie^  and   as  one  unworthy  to  manas^e 

■affairs  of  hia  own  housse;  and  has  defied 

bitn  to  take  any  ihin^  back  acT^n,  and  has  set 

Bp  le|^  aiid  artns,  heads  and  Uand«f  and  quar* 

iBTS  of  the  children,  as  trophies  of  victory  over 

ibe  gnod  man  of  the  house,  and  baa  triumphed 

rith  apite  and  contempt^  and  is  only  seeking;  it 

l«f  tJte  poor  widow,  the  wife  ami  the  bairns  to  be 

auiet,  and  accept  of  him  for  a  husband  and  fa- 
ler  ;  so  1  lay,  shall  the  w ife  and  ehitdren  of 
Ifnch  a  husband  and  father  h<*  pcdsceahh'  to  &ev 
'Via?  1  trow,  there  are  few  eailUly  folk  would 
ifio;  But  0\  who  can  shew  ifie  diflVrenre 
ere,  aato  searchinj^  out  it  cannot  be.    The 
[jord  keep  you  from  dweffinif  at  ease,  under 
e  roof,  with  such  an  one.     Beware  of  making 
uy  treaty  of  peace  witli  snth  a  robi^er  and 
Durderer  as  this  ;  beware  of  feeding"  these  sol- 
jrnrs,  or  giving   them  quarters,  when  they 
IttOrtie  to  your  houses.     O  hut  the  kin^;  of  As- 
^ria  knew  well  enough,  that  Ihe  king«  of 
BTnel  were  merciful  king* !    If  ve  >vill  not  use 
be  aword  at  GckJ*!*  hiddiog,  G<jd  will  put  it  (m 
I  lie  hai^i)  into  the  hand»  of  Uis  and  your  enemi^^^^, 
>  uBe  it  a^mst  you.     Indeed'  I   think,   till 
aul*s  sons  be  haugtHl  up  before  the  I^rd,  the 
blague  Qt'  famine  ahall  not  be  stayed  from 
lirael. 

**  Now,  in  tlje  neXi  place,  1  witness  by  this 

oy  testimony,  my  adherence  to  thesicripiure«i  ui 

ruth»  the  ffoly  Bible,   the  Old  and  New  Te*- 

anii^t,  which  has  beeu  made  sweet  to  me. 

The  limit  is  not  tn  them  that  we  understand 

iita\  nor,  but  in  us,  and  this  we  baie  aa  our  old 

bthi-r  Adam'ii  heirship.     I  witaesa  my  adher- 

tice  to  the  Covenants,  >iiitiunal  and  Solemn 

eagm^ ;  Confession  of  Faith  ',  only  there  is  in 

sthing  concerning  the  magistrate's  call- 

V&od  of  mini«ters,  t»v  virtue  of  hii»  magitt*^ 

1  power,  wliiL-li  ought  to  be  cautiimbly 

ttood  according' to  the  General  Assembly  *» 

licatiun,   I  ailhtre  to  the  Catechisms  larger 

and  shorter.  Psalms  in  metre,  Dti-ectory  for 

Worship,  Form  of  Church  Goverumeut;    the 

■  clrine  of  the  clinrcb  of  Scotland,  as  it  is  held 

Qt  tn  the  word  of  God,  and  laid  down  in  the 

bresaid  papers.  1  adhere  to  all  f aitbl  ul  testiuio- 

(fties  for  truth  in  Scotland,  of  one  sort  and  ano- 

ber,  »Dd  particularly  these  three,   the  pajicr^ 

bimd  at  the  Queensferry  of  the  date  of  the  ^d  of 

*  June,  theSiinqu  bar  Dec  fa  ration,  the  Uuthergkn 

Testimony,  ami  every  oUier  papertcndingtothe 

good   of  religion,   particularly    the  Causes   of 

Wrath,  and  1  rr^uest  all  to  r«ad  and  coiisudtr 

ifaav.     1  Mky«  my  teitimoay  ag^st  them  tbflt 


Ci>rmu" 


Of  tills  Trial,  Fotmtaiobull^  in  bts  Oecisab», 

says  only : 

*»  Jiily  «6,  1681.  Mr.  Donnld  Cargill  «i^ 
four  of  11  is  di^iciples  were  c««ndcmtted  for  rr- 
bcllion,  and  disowning  the  kini*:,  and  liaaigid 
Ihe  ne^t  day.^'     1  DeeiBions,  148. 

fiut  the  following  |ta«sag«8  in  ibe  aame  t^ 
lume  conceni  Cs^rgill  i 

**  June4,  1680.     A  C^        t  '   • 

traoixlinary  ninni  the  nr 
rattled  by  some  women  at  Uu^^ti  »-ir:ir^,  «»<^ 
rescned  from  fiome  of  the  kiti^^a  ftirOBanaa nf 
the  roinisterii  w  ho  preach  at  th*^  ful.i  «4*fi«i»^ 
tides,  called  iMr.  llituald  Car  Heuri 

Hall,  a  feuer  in  Tiviotdale,  wo  >u 

and  taken,  but  died  of  hia  wiMiCKb;  ooly 
papers  were  seized  on,  and  a  new  c« 
which  was  printed.     The  Council  a«nt 
D&lziel  with  a  party  to  mak<*  all  I  he 
quiry  be  could,  to  '  J,^ 

nister,  aad  lo  take  i  i  ,d 

fended  him.** 

"  Oct.  5.     Mr.  John  Wanae,  keeiita-  of  i 
Tolbooth,  '"•  1  ^"    --  r^.,.. .  .1  1...^^  ij,^ 

cil,  for  %^'  L  to 

OOtOf  pi::     i        i      ,.  li^rilrl 

gill^f  escape  at  the  < . 
with  certi Illation  ii< 

prived,  if  he  fell  in  tiie  like,  hut  nUo  lie 
his  cautioner*  most  ri^mu^ly  punHuul.^^ 
**  Jan.  isth,  I68i  By  Act W  i'riry  Cw 
the  Solemn  League  iind  Covenant, 
giirs  CovenaBt,  and  fteterat  ud 
this  day  mlemnl^  burnt  at  th< 
burgh,  the  magistrates  being  nrr'sv4ii  m 
scarlet  r<»be«.  Some  wondered  at  Uieir  pnii^j] 
in  revising  !he  memory  of  so  old  ai»d  bufiEd 
legend  a» Uk'  Solemn  League,  which  was 
in  16(>t,  and  set  ueo[de  a  work  Uf  buy  it 
read  it ;  and  for  CargilPs  ridiculoui»  doveaipt. 
tliey  had  about  a  Iwelve-tiiontfa  be^nv  litis 
ca^used  print  it ;  though  that  was  ouly  ia  oos- 
tempt  of  it.'* 

Shiels,  in  bis  ''  Himl  1«^  Loose.**  UffiJ 

c/jpions  concerning  refusal  to  pray  fortbekilf' 
The  following  curious  ami  chamclenadctf- 
ti-act,  which  conveys  a  ?'•*-■  rv  Dotion<^ 
his  sentiments,  ar;^ijraeni^  . ,  wdl  j«' 

hapa  be  read  not  without  i.,i^,  ■». . 

**  To  vludir^Oe  the  amru^lenma^  penmen  ^ 
such  annpelled  mi  eaUgHed  drfotigtii  m  ff*}' 


rVi 


with ' 


STATE  TRIALS.  SsCharlbsII.  l6iU—/tfrTreatoH. 


[914 


I  hholl  olTer  these  coosidera- 

>se<l  form  of  it  (irhich  ai  it  is 
iinT  fVfim  wUetice  it  is  taken, 
iv^  exfionmled,  God  save 
I  esticntly  nppHcd  lo  ty- 
j^iu  Ih;:  jiiitire  sense  of  tin*  w orlls 
Bcaiiou,  Iah  tlw  kiiigf  Jive ;  wliidi 


i  die,  ami  tlic  law 
'j«'  mr  iriisr  murdei^  and  c«- 
i  t  Iwa  taken  either  a^*  an  ndu- 
u.jw^.i.iiit;   or  a  riwtpatiilatory  ho- 
a  jirecatory  benediction.    The  first 
extorted  moit  iJlefjally,  j«o  it  can  lie 
derod   neillier   cifilly,    nor  stDccrcly,   nor 
etiaaly  ;  but  all  ingenuous  roen  uouli^l  think 
liaj»e  imposition^  to  be  tbrceft  nut  only  to 
l^t  themselves    to    their  tyrannical  *0|>- 
orjj,  but  t*>  flatter  them  as  if  they  were 
sucb<       Whatever  they   may    force  the 
^utb  to  Ap(«dk  dissemblingfly,  ihey  can  never 
1  tl>c  heart  to  ihmk  such  wishes  are  due 
1 5  fttid  so  tbey  can  never  t)e  eonlial, 
'itlent  w  ith  candor ,  and  tu  interpose 
_  '  aiid  dreadful  name  of  God,  in  a  <lis- 

•onbliiii^  compliment^  to  tlalter  hn&a  men,  ijf  a 
liOf^  ti''"  t^  ■  "-^  of  God.  and  a  heinons  taking^ 
hbjitn  ,  controry  to  the  thinl  com- 

a  congratulation  (as  always  it 
11  taed  in  tcriptiiret  and  in  cases  formerly  i  be- 
'  fcr  imp>sed  on  men,  by  wny  of  com- 
^  lieture  this  set  of  fy runts  started  up* 
pw  tliey  vmi  ^'et  no  di  tt  rence  of  honest 
Dt  by  eiittojtion)  it  is  the  more  abomin- 
M  only  fur  Uie  U3'poeTi!iy  that  w  in  it, 


ID  pieces  thy  people?  O  God,  to  whom  ven- 
geance bclongeUi?*'  Psalnrxcir.  1— 4.  Yes  1 
God  hath 'said  it,  and  we  most  not  contradict 
it  in  our  practice,  against  all  tyrants  (bat  wreal 
juifg-meni,  and  say  unto  the  wicked,  **Thoti( 
art  Hj^hteons  :  bim  hball  the  |>eop1e  curt^e,  na« 
lions  shall  abhor  him,"  Prov.  xxW.  24.  / 
this  mu!»t  stand  rejri^red*  as  the  ^verlflstiii|^ 
men  of  dentb,  of    clause  of  all  Ziou*s  haters,  to  vibich  all  her  1 


n  used  in 

i 


lovers  must  say,  ^rncn,  that  they  shall  be  tm  { 
the  s^vnf^  u|>on  ibc  house  tops,  and  never  huvat 
the  licnelii  i^f  the  Church's  benediction,  PsaJ,  , 
cxxix.  B.  **  iSeithrr  do  they  w  bich  go  by  say,  1 
the  blessings  of  the  J^ord  be  upon  yon:  \%m\ 
bless  you  in  the  name  of  the  Lonl.'*  This  ono-j 
woitl^nay  \m  a  sufticient  supersedeah  from 
blessing  any  of  the  enemies  of  God,  or  of  the  I 
Church,  while  uctiuij  in  a  declared  opposilioa  ^ 
til  GimI  lor  the  destruction  of  Uie  people  anil 
intercist* 

*»  2.  Eitber  this,  «  Save  the  king,'  as  tbej 
month  it,  and  demand  the  repetition  of  it,  if  i 
a  prayer,  or  it  is  not.  If  not,  it  must  be  m 
dreadtul  profanation  of  the  name  of  God,  to  \m  ' 
coniman/letl  to  speak  to  bim,  and  yet  not  t© 
pray*  If  it  lie  a  prayer,  we  wonid  expect  ano-  ' 
ther  way  of  dealinpf  with  us,  if  they  really  din 
sirfHl  the  benefit  of  our  prayers*  than  a  threat*  j 
ningf  us  with  death,  if  we'  did  it  not.  And  if  ] 
they  did  desire  it,  as  Darius  did,  **  that  wa 
mi^rlit  offer  sacrifices  of  sweet  savour  nnto  tba 
God  of  Heaven,  and  pray  for  the  life  of  tb«  ^ 
king  and  of  his  sons,**  Ezra,  vi*  10,  we  conl<f 
not  recuse  to  pray  for  bim,  so  far  as  roisfhl 
consist  with  that  prayer  ol  the  same  Darins^ 
^  in  that  same  decree,  vei-se  12,  **  Ihjt  God  rhay 
y,  Ui  i^nng  llianks  for  the  ]  destroy  all  kings  aud  people,  that  shall  put  to 
levira  interest,  aud  the  de-  their  band  to  alter  and  destroy  the  bouse  of 
God/*  We  can  pray  no  prayer  inconsistent 
uitb  tbis;  and  to  pray  that  God  would  sart 
this  kin^,  and  yet  destroy  all  kingfstlmt  put  to 
tbeir  hand  agrtirist  his  hoiisv,  were  to  prny  cqik 
trad ict ions.  But  they  know  they  deserve  no 
prayers,  and  must  force  them,  if  they  }(ef 
them.  And  all  the  world  knows,  that  com- 
pelled prayers  arc  no  devotion  ;  aiid  if  the.y  b« 
no  devotion,  they  must  be  sin  ;  imposeil  pniyer« 
are  not  ibe  prayers  that  God  will  bear  and  ac- 
cept ;  aud  if  we  have  not  the  faiili  of  accept- 
ance in  them,  they  mn^^t  be  sin  \  for  whatever 
is  not  of  faith  is  Mn,  Horn,  xiv,  laiit  verse.  All 
prayers  which  God  will  hear,  must  proceed 
from  the  heart  voluntarily  iinil  fervently,  in 
bpirit  and  in  truth,  with  the  whole  brurt ;  but 
imposed  and  compelled  prayers  cannot  he  such, 
es(»eciaHy  when  tboy  are  not  only  by  ibeni  im- 
posed, but  prcscribi'd  as  to  the  form  of  tlicin : 
which  sefs  and  fornts  pfi:»c:ribed  by  m€*n,  and 
such  men  as  usurp  a  supremacy  over  tbo 
Church,  cannot  be  snhmitleil  to,  according  to 
the  wont  of  God,  and  principles  of  our  re« 
formation. 

**  3d.  That  infallible  proposition  of  the  Apos- 
tle, whatsoever  is   not  of  f&itb  in  sin,  must  Ims 
urged  yet  a  little  furtJier  :    and  that  w  ith  a  re*  . 
ference,  both  to  the  jierson  required  to  be  prayed  J 
for,  and  to  the  matter  of  th«  duty  mora  go* 

3N 


^romo: 

IBeoyer  Of  i  nvi^rs,  and  the  hberties  uf  man 
Hm*    W  bat  have  we  to  cougrututate  him  ihr^ 
tllir  1^-  ■•■*    ■'  infj  our  laws  and  lilierties,  and 
most  grievous  tyranny?  Be- 
,  tc  1^.;^  ..,^  vilest  of  men,  vvlien  exalted, 
F  OOngmulatory  honour,  is  contrary  to  the 
amatiiK  us  is  shewed  above,     *•  And  it 
if  of  the  law,  thus  to  praise  the 

>  that  keep  the  law,  will  con- 
titb  them,'  Prov.  xxviii.  4.     If  it  be  a 
tioj],  we  cannot  bestow  it  upon  one  \%  bom 
curies,  our  mother  curses,  and  all 
^n.     It  is  tio  less  pre{»osterous  to 
Lord  declaredly  curses,  than 
blesses.    "  THe  cm^e  of  the 
in'j  ijHuse  of  the  wicked,^'  Prov.  iii» 
We  ranriot  then  bless  tbnt  house.    Nor 
^bl«s  tbetn  thatnur  mother  curses,  and 
I  feiigeance  against,  as  she  did  against 
dneszar,  Jer.  H.  a4,  iiS.     Nor  them 
tliom  the  biofMl  nf  itur  dead  brethren 
bortal  CTy%    **  How  lonj;,  O  Lord,  holy 
Itrtie,  dott  tliou  notjudo^eand  avenge  our 
Hev,  »i.   10,     And  the  vexed  spirits 
Tour  b>fft been,  yrt  bowling^  umlor  the  same 
Jiie,  are  putt mt^  up  before  the  ihrone  of  (jfrace, 
4«iiiiir  con'  ;,  ivith  incessant  im|>or- 

ti»t7.     **  I  »   bow    louf^  sbtkll   the 

t«M  liiiifQ|>ti  r  jiow  long  sbtii  th«y  hn»k 


916]    STATE  TRIALS,  3$  Chables  IL  l6Si.^Trial of  CmrgOrmii^iken,    l^J 


I 


nerAlly,     Firsts  ifwe  cannot  pmv  tor  ibm  man,  {  the  Lord  reprove  his  senranl,  fbr  moiirttiiig  ioc 

neither  a?*  a  Christian,  uor  as  a  king,  then  we  j*  a  kinfir  whom  h**  ♦li^JowRefl,    tH«i  we  mny  not 


cannot  satisfv  this  impnspd  ilen^and  ;  for  it  wilJl 
Hill  fsniifiiy  for  htm  a:>a  heathen  :  but  we  can- 
not in  fauh  prav  tor  him,  ^I'ither  as  )i  Christi-in 
or  a»  ii  kiniT*  Not  us  a  Christian,  tor  Iw^sitles 
that  tie  is  an  excuminimicaieupostnle  (hy  u 
sentence  H  hioh  we  liehi-%e  i^tana^  yet  rati  tied 
in  heaven,  pronounced  hy  a  failbfut  btTvanl  of 
Chri.sil  auil  a  l^aptst,  wjijch,  u^  ^tich,  cun  no 
more  W*  prayed  (or,  than  the  \n}\*e  as  pope ; 
for  whom,  find  all  thehmhiiof  Aniidirist^  the 
only  prayer  that  Prolpstaiits  can  pray,  is,  thai 
tlie  Lornvvouhi  coiitjtime  Iiun  with  thef>pitituf 
his  mouth,  and  destroy  witli  the  hiii^hliiess  of 
his  corning-.  ^ThtAii.  n,  8.  (we  cannot  i^cK-oncile 
the  prayers  of  some,  that  pray  against  the  pope 
and  his  sti|»portei'ff»  and  upholders  of  hit*  tut- 
teiiii;;;  kiu'^doiii,  mid  yet  for  tht$  his  Anlichris- 
tian  vf4Siat)  his  nij;e  and  resolution  in  prose- 
cuting: a  war  a^ain.it  Christ  and  his  followers, 
h  furh,  that  it  we  ufuy  make  compariMios^ 
mir  faiih  Hill  have  Utile  more  ^ound  to  pray 
for  J*fne$,  than  Christians  of  old  eouhl  lind 
for  tKilian  the  apostate.  Nor  as  a  kin^^  for 
tJiat  we  caoriot  do,  hecaiifee  he  is  none  wah 
f^ml'sapprohation,  and  |nay  not  do,  for  a  very 
heathen  ccuddleacrh  us  to  pray, that  (Jod  would 
dettroy  all  kioj^s  that  put  to  their  hnud  to  alter 
and  deatpoy  the  house  of  God,  1*1 2ra*  vi.  12. 
And  betides,  in  the  i;e€ond  place,  « iih  respeet 
to  the  matter  of  the  duty  in  jreneral,  that  can- 
Dottie  in  faith,  wbieh  wants  a  warrant  in  the 
word,  cither  by  precept,  proi>iise»  or  practice  ; 
fcut  to  pray  for  wicked  tyrant«»  and  enemies  of 
God,  wants  a  warrant  in  the  word,  either  by 
precept,  promise,  or  practice  :  tliere  is  no  pre- 
cept i  or  it,  either  g^eneral  or  narticuW,  neither 
evpress,  nor  any  to  w  liich  tins  is  mdncible  ; 
and  who  dare  add  without  a  precept  in  the 
worship  of  God,  either  for  matter,  manner  or 
etid,  w  hat  he  hath  not  commanded  ?  For  sucli 
presumption,  Nadaband  Al'ihn  were  destroyed. 
Lcvit,  X,  1.2,  because  they  did  ihat  which  the 
Lord  had  not  eotuniundedt  What  c-ommnnd 
can.  thtrre  be  for  prayin*?  for  ihat,  which  is 
ajfahisl  the  preceptive  ^vill  of  God,  hut  it  i^ 
•ffjiinst  the  preceptive  will  of  God  tirit  there 
should  be  tyrants  :  ihcrefore  to  pmy  that  Ihene 
may  lie  pi-cserved  in  the  world,  'cannot  tall 
under  a  command  of  God,  There  is  no  pro* 
niL^re  for  it,  which  is  the  foment  and  tbundation 
of  prayer:  wc  can  pray  for  nolltini;^  that  we 
Ijave  not  a  promise  for,  either  general  or  par- 
tjcidar ;  hut  we  ha?e  none,  nor  can  have  any, 
for  the  pr«servatioQ  of  a  plague  to  us,  a^i  ty- 
rants are. 

**  There  is  uo  practice  for  it  in  scnplnre,  tt> 
firay  for  Liusfs  that  put  to  their  haid  to  destroy 
t1ie*honsc  of  God.  8amtiel  did  indt  ei!  mourn  for 
Kanlj  biitthe  Ijord  reproved  him  lor  ii,  "  how 
Jnnij  wilt  thou  mourjj  tor  Saul,  seeinjj  1  have 
n  ieclcd  him  from  beinyf  hint^  over  in^ael  ?*' 
1  Sam.  \vi,  1,  belike  this  reptfwif  was  for  ht!$ 
praying  for  8a u  1*8  preservation  as  king",  for 
«»iheri«ise  we  may  tnonrn  for  wicked  wretches, 
^  thek  aiu  and'  uij&ery  both.     But  htnce^  if 


-rat, 

1    iTp 


jiray  for  such  a 

as  be  disotvns  ni 

and  not  hy  him;    but  th*  ar, 

in  that  exampteot  Samuel  ;    t)i 

ronMqueiit,  that  we  may      '" 

as  kiny^s,  whom  the  Lord  >' 

*'4.   31oreoveT    "^  — "*'^  „t- 

thal  prayer  i!*ii«'  li  a 

contrary  to  tht  •  '» 

mises,  and  the 
prayni^  lor  wn  I 
15  cool  rat  y  to  ttiv^e  pret 

practices,  (kc.     Erjjfo-^ -I 

itivine  precepts,  Iwth  atlim 

There  i«  an  affirmntivr   r 

what  pray t;rfduiu Id  h 

tionof  t\  rants,  that  ti 

8pare  thy  people,  O  ima.  ^i>  «i  not 

lage  to  reproach,  thai  the  heathcti  si 

over  them^  wherefore  should  they  ^ 

the  people,  where  is  their  Go«l  f 

Ifilbea  reproach  to  be  n  :  '  ■  !>  -♦! 

and  il"  we  should  pray  ih'' 

butthat  our  God  may  she     .. 

is,  and  w  ho  he  is,  in  delivering:  . 

tlictr  domination  :  then  it  is  coi 

to  pray  tor  the  preservation  of  tynuits,  thai  (it 

rule  over  them   to  their  destruction   and  nr* 

p roach ;  for  it  is  contradictory    to  pra?,  that 

they  may  not  rule,  and  that  they  m;»y  "lie  (»pe» 

served  in  nilinq".    There  is  a  nt  cent, 

prohibitinij  thesalutation  of  herci  rmm 

of  the  ^osficl,  which  will  condemn  liiissalutatjoii 

of  hert'lical  kitig^:  for  in  the  oritriual,  God  tav* 

tV:-  '  is  no  more  than  a  Sijletim  saJutation,  or 

\  wish  that  he  may  proNi>er,  2  £|aiL 
Jvu-o  ,v>,  10.  11.     *^  If  there  en-   - 
and  hrintr  not  this  doctrine, .... 
God  sjwcd,  lor  he  that  hiddeth 
is  partaker  of  his  evil  deeds.'*  ( 
Greek,  is   the  same  with  Gl  .   ._. 
Hebrew.     Ifthen  we  must  not  say* 
a  heretic ;  neither  rouit  we  say,  God 
heretical  king,  or  a  popiadi  tyrant,  n 
enemy  to  the  jfosj>cl  of  Clirist,  and  tlie  < 
of   his   kingdom.      This  is  also  incon 
with  that  role  and   directory  of  our 
'v  called  the  Lord's  \y 

canuot  he  reduced  t 
tiijoii^.  fwnich  are  comnrehensive  oi  nn  ita 
are  warranted  to  pray  tor)  hut  hecftase  itf 
Iradictory  to  the  sec  ■'    -- "     «   •     " 
dora  come.    The  ctr 
in  our  lund  cannot  Co..  , ..  ,*....  ..,.  ,. 

of  the  tyrattl's  rc;i'4'n,  which  is 8citan^$  i 
Antichrist *t>  and  Satan's  kin^dont^  and  ^ 
cannot  be  promoted  both  at  once.     It  i 
alKo  d em on'^t rated,  that  it  is  iocon&is 
ntl  the  petitions  of  that  perfect  form  of  i 
With  the  first,  hallOHt^l  be   thy 
w  hen  ttiey  who  rule  over  his  pi ^ 
to  howl, then  his  name eontintiaJ! 
Isa.  lii.  5.  yea  much  profaned  hi  thuir 
r^ealintj:  thai  imposition.     With  the 
thy  kini^dom  come;   for  ivbeo  lie  Uka^ 


W7] 


STATE  TRIALS,  33  Charles II.  l68l.— /or  Treaion. 


[9J8 


him  hit  grett  power  and  reigns,  tlicn  is  the 
time  he  will  destroy  them  that  destroy  tlie 
cuth,  Rer.  xi.  17.  18.  It  is  against  the  third, 
ihy  will  be  done, ...  for  it  is  against  his  [ireccp- 
tive  will  that  there  should  be  a  throne  of  ini- 
^itr,  itshall  not  have  teiiowship  with  him,  as  it 
would  have,  if  acconling  to  his  will.  And 
tkcretbre  Habbakkuk  pleads  from  the  l/mVs 


Psal.  Tii.  6.  and  that  he  would  break  the  arm 
of  the  wicked  and  the  €;vii  man,  Psal.  x.  15. 
that  he  would  not  slay  them,  (to  wit,  suddenly 
or  in  a  common  way)  lest  the  people  forget, 
but  scatter,  nnd  bring  them  down,  and  consume 
them  in  wr:ith,tliat  they  loay  not  be,  that  it 
niiiy  hi:  known  God  ruleth  in  Jacob  to  the 
ends  of  the  earth.  Psal.  lix.  11.  13.  Thisisa 
and  righteousness  against  tyrants,  I  psalm  against  dogs.  ^er.  9.  what  dogs  T 
Ilabbak.  i.  13.  14.  It  is  against  the  'fourth,  Saul  and  his  men  watching  David.  8ee 
me  us  this  day  our  daily  bread,  to  pray  for  j  the  title.  As  also  '^  ''  — ' — ' 
ikemthat  rob  us  of  it,  whom  the  liOrdlinth  '  thnt    he    prnvs,    that 


it     is     against     Saul 
the    Lord    would    Dot 
grant  his  dfsircs,  nor  fuiiher  his  devices,  and 
as  for  the  head  of  ihem  that  compassed  him 
about  (which   was  Saul).    Let  the  mischief 
of  their  own  hps  cover* them,  Psal.  cxl.  8.9. 
There  is  also  a  prayer,   that  the  saints  may 
execute  vengeance,  and  the  judgment  written 
I  upon  tyi'ants,    and  bind    them    with  chains, 
Psal.  cxiix.  0,  8.  9.    The  church  is  brought  in 
I  praying  for  vengeance  against  the  Babylonian 
j  tyrant,  Nebuchudnezzur  thi-  king  of  Baby  loo 
;  hath  devoured  me, ....  the  violence  done  to  me 
I  and  my  flesh  be  upon  Babylon,  shall  the  inha- 
;  hitants  of  Zion  say,  Jer.  ii.  31,  35.     Paul  im- 
precates any  man  that  does  not  love  the  Lord 


■t  over  us  tor  a  plague,  to  domineer  over  our 
htdies,  and  all  the  means  of  life.  Neh .  ix.  37. 
The  saints  there  make  a  complaint  of  kings, 
ad  pray  to  remove  them,  not  to  save  them : 
tta  canrch  also  prays  against  base  rulers  on 
lUs  aocoQDt,  because  under  thcni  they  get 
ihsir  bread  with  the  peril  of  their  lives.  Lam. 
V.  8.  SI.  It  is  against  the  tit>h,  forgive  us  our 
debts  or  sins ;  for  if  we  pray  for  taking  away 
Ibe  guilt  of  sin,  we  must  also  pray  for  removing 
Ibe  panishmeDt ;  whereof  this  is  one,  to  be 
voder  tyranu :  and  if  it  be  sin  which  brinf>^  on 
ji^pnent,  then  it  is  sin  to  pray  for  the  keeping 
tfit  on,  and  continuing  thereof;  and  though 

WBsbookl  forgive  their  sin  against  us,  yet  we  J  Jesus,  let  him  be  Anathema  Maranatha,  1  Cor. 
Mglbt  to  complain  against  their  sins  against  •  xvi.  !2?,  and  sure  no  tyrant,  persecutor,  sub- 
'' filing  it,  and  she<l-  !  vert  or  of  Christ's  kinprJom,  can  l>ea  lover  of 


God,  and  the  Church  in  defilini 
ii|the  Uood  of  the  Saints.  Psal.  Ixxix.  1.  7 
It « against  the  sixth,  lend  us  not  into  terap- 
lMioi|  and  delirer  us  from  evil ;  for  their 
fmmnent  is  a  continued  tract  (»f  temp- 
Mioa,  they  being  a  snare  on  Mizpnh,  and  a  net 
fmdupon  Tabor.  Hos.  v.  1.  And  if  we  pray 
libedelivereil  from  all  evil,  then  we  must  pray 
%  be  delivered  irom  tyranny,  which  is  a  great 
criL  It  is  against  the  conclusion  also,  for  thine 

■  the  kingdom, and  glory :  tyrants  being 

Mited  in  oppositioii  to  the  glory' of  God .  Again 
h  the  next  place,  it  is  against  many  promises 
iTgifing  good  rulers,  end  of  breaking  the  yoke 
iftyrants,  (as  I  cited  several  above ,)  neither  of 
Huh  can  consist  with  the  preservation  of  ty- 
t6ttM,  if  Buch  a  prayer  should  l>e  answered  ac- 
fwdin^  to  the  idol  of  the  heart  ofthesuppli- 
tmtai  for  if  God  should  save  this  man  as  long 
I  we  nay  pray  for  him  as  a  king,  then  all  the 
'       or  a  chan^  and  revolution  are  pre 


IIhM.  Lastly,  it  is  contrary  to  the  constant 
^WMr  of  the  saints^  prayers  against  the  enemies 
*f  Ood.  Deborah  prayed  upon  the  destruction 
tf  a  tyrant.  So  let  all  thine  enemies  perish,  O 
X^Bid. ,  Jndflf.  ▼.  uH.  Jotham  prayed  against 
tta  bastard  king.  Let  fire  come  out  from 
AfcioMlach,  and  devour  the  men  of  Secheni,  and 
•  • .  •  let  fire  come  out  from  the  men  of  Sechem, 
^d  deronr'  Alnmelech,  Judg.  ix.  20.  David 
tagriaqpiast  Saul,  whom  he  ca'ds  Cush  the 
rowimilfi  in  the  title  of  Psal.  vii.  alluding  to 
kin  hia  father,  or  because  he  was  no  better 
iiwiaa  Ethiopian,  a  Cushite,  Amos  ix.  7,  and 
fHM  M»  more  change  his  nuinners  than  an 
his  skin.    Jer.  xiii.  QH. 


VnfM'ifi^nopa.  Critic,  in  locum.  Whereitis 

jMMBt  tiMt  this  was  Saul ;    against  him  he 

Lord  urould  awake  to  judgment. 


Christ.  The  Martyrs,  under  the  fifth  seal 
slain  for  the  wonl  oV  God,  and  the  testimony 
whicrh  they  held,  are  hn»ughl  in  crying  against 
the  tyrants  that  murdered  them.  How  lung  ! 
<)  Lord,  holy  and  tnie,  dost  thou  not  judge  and 
avenge  our  "bloiMl,  Rivel.  vi.  9,  10.  Which 
though  it  be  to  be  understood  of  a  mortal  cry 
of  bloofl,  as  \heVi  hUtv.d  cried  against  Cain  : 
yet  ought  to  be  a  pattern  of  our  prayers 
against  such  bloody  enemies,  imbruing  their 
hands  in  the  blood  of  our  brethren,  for  which 
we  ought  to  pray  that  the  Lord  w.uld  ha:>lc  to 
make  inquisition.  Durham  observes  from  this 
place,  that  GoJ's  people,  in  a  holy  way,  may 
pray  for  vnn^reanco  iipon  pci-secut<»rs. 

*'  .5.  Let  us  consi«!iM*  the  person  and  matter, 
for  whom  and  lor  what  this  priytT  is  c\t*»rlcd. 
Kither  it  is  for  the  personal  salvati<;n  of  James 
the  Papist,  or  the  royal  iMcsiivation  of  James 
the  tyrant.  It  w  ill  not  siit-sty  to  pray,  that  if 
it  be  possible,  and  if  it  were  tho  Lord's  will,  he 
might  Im)  taken  to  luavon,  that  >o\vo  nuj;!!!  bo 
quit  of  him.  Ncill^or  wrre  it  lawful,  tojiray 
that,  except  we  prayed  lir«t,  that  he  might 
repent  of  this  his  wiekednrss,  if  perhaps  it 
nught  lie  forgiven  him,  as  Peter  directed 
Simon  Magus  to  pray  tor  hiin*?olf.  Acts  viii. 
y2,  for  it  is  unlawfurto  pray  for  the  salvation 
of  a  papist,  ex^'ept  upon  supiKwition  of  his  re- 
pentance and  relinquishing  iM)pery.  We  nnist 
pray  nothing  but  acrcordingtotln*  will  of  tiod  ; 
and  it  is  not  the  willoftiod,  that  the v  that 
have  and  kee]i,  ami  will  not  part  with  the 
mark  of  the  beast,  should  be  saveil,  for  he  is 
adjudged  of  <iod  to  drink  of  the  wine  of  his 
wrath.  Revel,  xiv.  0,  10.  So  ive  cannot  pray 
for  him  as  a  (Miristian.  which  he  is  not,  nor  as 
a  papist,  except  that  he  may  get  repentanct. 


919]         STATE  TRIALS,  36  Chiblbs  II.  l6H.^Proeeedmgi  Mgtmd        [990 

Nor  can  we  pray  fur  him  as  a  kin^,  which  be 
is  not ;  ndr  as  a  tyrant,  except  that  he  may 
repent  of  and  rdiuquish  liis  tyranny  and  usur- 
pation :  tor  tyrants  as  such  cannot  be'saved, 
no  more  than  papists  as  such ;  for  Tophet  is 
ordained  of  old,  yea  for  the  kin^  it  is  prepared. 
....  Isu.  XXX,  S3.  We  cannot  then  pray  for  his 
aaWaiion,  except  we  pruy  for  his  repentance, 
and  relinquishing;  all  his  sins,  and  so  we  must 
pray  for  his  relinquishing  his  kingship,  and  tliat 
ne  may  cease  to  he  king ;  for  tliat  is  his  sin, 
chat  he  hath  made  himself  kin^  without  God, 
aiid  against  the  laws  of  the  land. 

"  And  now,  while  he  .continues  such,  we 
must  complain  in  prayer,  not  for  his  misgo- 
vertiment  ooly,  but  tor  that  he  governs,  and 
desire  to  be  deliven^d  from  him.  8ee  Gee's 
Magistrate's  Original,  pag.  258.  But  now 
considering  what  a  man,  and  what  a  king  he 
bath  been,  guilty  of  murder,  adultery,  idolatry, 
undei'  sentence  of  the  law  both  uf  Cr6d'  and 
man ;  we  can  pray  no  otherwise  for  him,  than 
for  a  muiilerer,  adulterer,  or  an  idolater.  We 
cannot  pray  for  him  as  cloathed  with  authority, 
or  that  the  Lord  may  bless  his  government,  tor 
that  is  his  sin  and  our  misery,  tliat  he  is  a  go- 
vernor: and  his  throne  is  a  throne  of  iniquity, 
which  we  dare  not  pray  may  have  fellowship 
with  God-  Can  we  pray  that  God  would  bless 
iiim  on  a  throne  of  iniquity  ?  Could  we  pray, 
that  the  Lord  would  bless  a  drunkard  in  his 
drunkenness,  abusing  his  enjoyments  ?  Or  a 
thief  in  his  stealing,  though  he  used  his  pur- 
chase never  so  soberly  ?  What  if  prevailing 
rubbers  by  land,  or  pirates  by  sea,   preying 


upon  all  passengers,  sboald  reqoirt  tiiis  as  tbe 
sign  of  subjection  to  them,  aod  only  conditkM 
whereupon  such,  as  they  apprehend  and  over* 
come,  shouM  be  suffered  to.  Kre,  that  tbey 
should  pray  for  preservation  and  prosperity  to 
them  P  Would  not  this  be  wickedness  thus  to 
pray  for  tliieves  and  robbers?  And  are  not 
tyrants  the  greatest  of  thieves,  that  rob  and 
ifeslroy  twenty  for  one  of  private  robberies  f 
And  do  they  not  require  this  as  such  a  sigii 
on  such  a  condition. 

"  6.  Lastly,  then  the  plea  will  be  reduced  to 
this,  that  it  is  exacted  as  a  badge  of  kiyaltv, 
and  sign.  Tessera,  Shibboleth  of  owning  die 
authority.  Which  1  have  at  this  length  en- 
deavoured to  prove,  cannot  be  conacientioudy 
owned  by  us,  in  these  circumstances.  Am 
even  by  this  ai|fument :  that  authority  which 
we  cannot  pray  ror,  we  cannot  own ;  but  we  can- 
not pray  for  this  tyrannical  authority :  there* 
fore, ....  the  minor  I  trust  is  in  somemeasoii 
made  manifest,  by  what  is  said  'aliove.  And  w 
I  conclude  this  head,  with  that  form  of  prayer, 
that  I  use  for  the  king.  **  O  Lord  God,  to 
whom  vengeance  belongeth,  shew  thyseff; 
lift  up  thyself,  thou  judge  of  the  eatth,  reader 
arewanl  to  the  proud.  Lord,  liow  longsliall 
the  wicked?  how  long  shall  the  wicked  tri- 
umph ?  shall  the  throne  of  iniquity  have  fel- 
lowship with  thee,  that  frameth  mischief  by  a 
law  ?  The  mighty  and  terrible  God  destroy  ill 
kings  and  people,  that  put  to  tbeir  hand  lo  aher 
and  destroy  the  House  of  God .  Overtaro,  orer- 
tum,  overturn  this  throne  of  tyranny,  and  ktit 
be  no  more,  until  he  come  whose  r^t  it  is.** 


318.  Proceedings  against  Sir  Hugh  Campbell,  Laird  of  Cesnock, 
for  Treason:  36  Charles  II.  a.  d.  16*84.  [Wodrow's  History 
of  the  Sufferings  of  the  Church  of  Scotland.*  Records  of 
Privy  Councilj  and  Records  of  Justiciary  of  Scotland.] 


August  16,  1683. 

1  HE  Council  appoint  the  King's  Advocate 
to  raise  a  process  of  Treason  against  the  earl 
of  Lowdon,  lord  Melvil,  sir  John  Cochran  of 
Ochiltree,  John  Cochran  his  sou,  sir  Hugh 


*  Mr.  Laing,  in  his  History  of  Scotland, 
deservedly  places  prreat  reliance  on  Wodrow*s 
work,  and  upon  diiiureut  occasions  gives  proofs 
of  its  authenticity  and  hears  testimony  to  the 
merits  of  the  author.  Lord  Hailes  does  not 
speak  with  very  great  reverence  of  the  saga- 
city of  any  of  the  Kcclesiastical  Historians  of 
Scotland.  '  ISee  his  Historical  Memorials  con- 
cerning the  Pfovlncial  Councils  of  Scottish 
Clergy*  &c.  At  p.  £9,  of  that  tract,  he  says 
in  a  Note,  '<  Keith  was  as  incapable  of  dc- 
crriving  as  he  was  of  judging.  1  can  make  no 
better  excuse  for  this  useful  labourer  in  the 
History  of  Scotland.  When  I  say  more  for 
Calderwoo<l  dud  Wodrow,  let  me  be  termed 
paxliai  and  pejudiced."    It  touit  be  adnuUied, 


Campbel  of  Cesnock  elder Campbell  of 

Cesnock  younger,  the  laird  of  Kowallan  dder 

and  younger,  Montgomery  of  Lmf 

shaw, Fairly  oi*  Brunsfield,  Btuy 

of  Jerviswood,  Crawford    younger  m 

Crawfordhind,    Stuart  of  Cultness,  and 

that  Wodrow 's  work  not  unfrequently  exhibits 
indications  of  credulity,  and  an  inclination  to 
the  notion  of  particular  providential  jadg- 
ments. 

The  following  is  Burnetts  account  of  tbt 
proceedings  against  the  Campbells: 

*'  When  Castairs  was  put  to  the  toitue,  and 
came  to  capitulate  in  order  to  the  makings 
discovery,  he  got  a  promise  from  the  ooupcflt 
that  no  use  should  be  made  of  bis  depoflliM 
against  any  person  whatsoever.  He  in  his  de- 
position said  somewhat  that  hrouffbt  ar  Hagk 
Cambell  and  his  son  under  the  gu3t  oftumnii 
who  had  been  taken  up  in  LoMon  two  yctit 
bdbre,  and  were  kept  lo  priiQD  iJl  Hw  wl|jl% 


881]         STATE  TRIALS,  36 Ch aries  H*  i684.— Sir  Hugh  Camphell         [928 

■         Denholtn  of  Westaliiels,  who  hemg  cited 

M|A»re  tlie  late  Justice-air^  upon  seteral  |M)iiils 

^BTreaJiOD«  it  wti^  made  appear  to  them  that 

^rtiie  time  of  their  cilation  they  were  out  of 
the  kin^iIom« 

Nov.  3.  The  i^rocediu'e  of  the  Scots  coon- 
c*U  at  Loudoo  in  ttiis  mattiTi  in  read  at  Edin- 
hurg^h,  aod  insert  in  die  rcgistcM.  *■  At  White- 
hall October  22,  1683,  present  the  kiiiff  *a  nm- 
jerty,  his  royal  highness  the  duk^  ot  York, 
the  earlfe  of  Murray,  Miildkioo,  Hunderlaiid, 
Mar,  Airly,  Aucnim^  Broadalbinf  the  treasurer- 
depute,  justice  clerk*  ailvocate»  and  Jtjha  Wed- 
derborn  of  Gosford  ;  his  Majesty,  with  ad- 
vice of  his  privy  council^  orders  the  liird  of 


»ie  earl  of  T^Ielfort  ^ot  the  promise  of  his 
Itle,  which  uas  ahout  1^000/.  a  year,  as  soon 
he  should  be  eotii'icted  of  high  treason.  8o 
an  act  Has  hrou^ht  iu,  nhich  was  to  bst  only 
six  weekii ;  and  enacted,  that  if  wilbin  that 
time  aoy  of  the  piiry  couucil  would  dc{H>se 
thai  any  man  was  proved  to  he  g-uilty  of  hig-h 
trc&sodf  he  should  upon  such  a  |>roof  he  at- 
tainted. Upon  which,  as  soon  as  the  act  was 
past,  four  of  the  privy  council  stood  np,  and 
aflirfned  that  the  Cam  bells  were  proved  by 
Castairi*$  deposition  to  be  guilty.  Upou  this 
both  father  and  son  were  brought  to  the  bar, 
to  see  what  they  had  to  say,  why  the  senteQce 
fthould  nut  be  executed.  The  old  <ri>iit]eman, 
then  near  eighty^  seeing  the  rain  of  his  laniily 
was  determined,  and  that  be  was  coDdemned 
tn  so  unusual  a  manner,  ttx>k  couraj^e,  and 
said,  the  oppression  they  had  been  under  bad 
driven  them  to  despair,  and  made  tlveni  think 
liow  they  might  secure  their  lives  and  fortunes: 
upon  this  he  weut  to  London,  and  had  some 
tneetioGrs  with  Baillie,  and  others :  that  one  was 
f  eot  to  Scotland  to  binder  all  risings  r  that  an 
oath  of  secrecy  ^vas  indeed  offered,   but  was 

.  never  taken  upon  all  this.  Ho  it  was  pretended, 
be  had  confessed  the  crime,  and  by  ti  sbe%v  of 
mercy  they  were  pardoned;  but  the  earl  of 
Meliort  po^^iesseil  himself  of  their  estate.  The 
eld  gentleman  died  soon  after.  And  very  pro- 
inlify  his  death  was  hastened  hy  his  long  and 
rigorous  jmprisuument,  and  this  unexampled 
flooeltision  of  it;  which  was  so  universally 
caoixleinned,  thut  when  the  news  of  it  was  wnt 

y||Ji>reign  jiarts,  it  was  not  easy  to  make  peo- 

^Kbelieve  it  possible.'* 

I  betiere  that  3largai'et,  the  daughter  and 
beiress  of  sir  George  Campbell  of  Cesnock, 
who  appears  to  have  been  involved  with  his 
father  in  this  charge  of  Treason,  married  Alex- 
aod^r  Hume,  who  ;i&sumed  her  name  uf  Camp* 
IhsII,  and  became,  in  1704,  a  lord  of  session  by 
the  title  of  lord  Cesnock.  He  was  second  son 
of  sir  Patrick  Hume,  first  earl  of  March  montj 
wbom  he  succeeded  in  that  titie.  to  1714,  he 
senened  his  seat  in  the  court  of  session  to  his 
brother  «iir  Andrew  Hume.  I\Ientio»  is  made 
«f  him  in  lady  Jlurray's  Narrative,  printed  in 
the  Appendix  to  Mr.  liose's  OUenaltoos  on 
f  oxV  Hiitoriail  Work. 


Cesnock  and  his  »on,  Rowalbn  elder  atiif 
younger,  Crawfordland,  Bruuslield,  Alexander 
Monro  of  BeaucroftSjJerviswood,  Mr.  Williaii% 
Carstairs,  Hepburn   tson  to  Major  HepburOt 

Spence  tservant  to  the  late  earl  of  Argyk^ 

prisoners  at  Ijondon  ennpcct  of  high  treason^ 
and  snme  of  them  accusefl,  to  Iw?  sent  prisyrierp  , 
ti>  Edinburfrhf  to  be  tried  accordin{^  to  law,  be- 
ing Scotsmen, 

The  English  law  could  not  answer  the  view 
they  had  against  them,  aud  our  Scots  law  is 
far  more  arbitrary,  at  least  the  procedure  used 
at  this  time  wnuUl  not  have  gone  down  in  Eng- 
land. AccotdinglVi  those  uameii  were  sent 
down^  several  of  tnem  I  meet  with  no  mor« 
in  the  registers,  and  can  say  no  further  of  them  ; 
hut  Iheso  who  were  chiefly  levelled  at,  w^  < 
shall  meet  with  in  their  order.  By  a  letter 
from  the  king,  the  advocate  is  ordered  to  pro- 
secute tlie  above  named  persons  for  treason. 

Dec.  10,  1083,  The  couucil  remit  it  tu  th# 
bishop  of  Edinburf^h,  treasurer -depute,  advo< 
cate,  and  colonel  Graham  of  Claverhouse,  t» 
consider  the  several  papers  sent  down  from  Lon- 
don, and  to  put  together  what  they  find  con* 
eeming  tvcry  prisoner,  and  to  begin  with  what 
concerns  Science,  and  to  endeavour  to  decypher 
the  letters. 

Feb.  21,  1634.  The  advocate  reports  to  the 
coimcil,  that  he  hath  found  matter,  as  he  con  * 
ceived,  to  insist  against  sir  Hugh  Campbel  of 
Cesnock  for  Treason,  The  council  Fel>ruary 
14th  ordain  bim  to  insist;  and  appoint  hirGeorg« 
Ijockhart  to  concur  in  the  said  process  with  tba 
Kirtg^s  Advocate.  *  The  design  of  this  was 
plain  enough,  to  hinder  that  able  lawyer,  who 
had  vexed  them  so  much  in  the  earl  of  At* 
gylc*s  process,  to  be  employed  by  Cesnock. 
Accordingly,  upon  Cesnock *s  i>etition,  Feb, 
iJl,  *^  he  IS  allowed  to  employ  any  advocate  he 
pleases,  aod  they  are  warranted  to  plead,  still 
excepting  sir  George  Lockhart,  he  beiiig  al- 
ready orderei  I  to  assist  the  king 's  advocate, 'l*^* 


*  The  order  of  the  Privy  Council  ordaining 
the  Lord  Advocate  to  insist  in  the  trial,  is  dated 
the  14th  Fefaruarj*  16*J4,  and  not  the  12lh  as 
Wodrow  has  it.     It  is  in  these  words. 

**  The  lords  of  bis  majesties  privy  council 
having  heard  and  considered  a  representation, 
made  by  his  majesties  advocat,  that  he  liad  got 
probation  against  hit  Hu^b  Campbell,  of  Ces- 
nock, elder,  sufficient,  as  he  concoaved,  to  prove 
him  guilty  of  treason,  or  airt  and  pairt  thereof,'  \ 
doe  give  order  and  waiTand  to  his  majesties  ad* 
vocat»  to  raise  and  insist  in  a  process  of  treason 
against  him  before  the  juslioes,  and  doe  ordain 
and  require  sir  George  Lockeart  advocat,  to 
concur  with  the  king^s  advocat  in  the  said  pro- 
cess,"    Privy  Council  Records,  p.  253. 

f  As  to  this,  the  eptry  in  the  Privy  Council 
Records,  is  as  follows.  **  Februarv  21  st  1684, 
Anent  a  petition  presented  by  sir  Hugh  Camp- 
bell of  Cesnock,  prisoner,  within  the  Tolbootli, 
of  Edinburgh,  shewing  that  where  the  |>cti- 
tioner  being  iutbrmed,  that  there  is  a  process  of 
treaioa  r^ed  agaiciit  him  at  the  iostauQe  of  hii 


MS]        nVVr&TKlALB,  aieCHAKLaVn.  xStt^Pmntitagt 


tm 


wttdnlllltid  Cenock  it  not  pwt 
die  plot,  but  npoii  bis  MoeHMNB  to 
,  and  tbattlie  wihwwM  wholiad  in- 
againU  him  retracted  wImb  in  jodg- 


I  come  noir  from  die  Eeeoidi, 
erigiMl  Lettere  writ  by  agentjamen  praeiitat 
the  Tirialy^to  gifeafbottanddirtiiiot  aopewit 
of  tbe  nocem  against  that  worthy  genddman 
sir  HqghCiampM  elder  ofCieiDodk,  aTeryan- 


atnlaiiedtodie 


tsuDdhsBflibrafalefimiily;  and 
Tkrial  WM  pbiply  inridiow.  and  erery  thing 
npst  he^(fat|  I  diaU  give  the 
r?iew  ofit 

Hugh  was  indicted  Blarch  17»*  and  widi 
,'i  '  ■        ■      ' 

\  adfooat)  and  he  being  sensade  that 
^js'jm^nity  nor  bis  htws  docs  net  allow  any 
rocemcd  to  be  prednded  of  their  Just 
bat  on  tbe  oontmrie  has  ordained 
to  appear  for  any  pannalles,  andit  is  most 
for  the  conrtoel  so  to  doe,  yet  the  peti- 
tisner  hsTinff  applied  himself  to  sir  Geoige 
LodBeart,  aim  set eral  other  lawien  to  compear 
lor  him  in  the  said  pocess,  they  absohUdy 
they  be  commanded  by  TOur 


krdships  to  that^lect,  and  therefiwe  nombly 
mpplioiUing  tbe  cooodll  to  ordain  the  said  sir 
O&Mve  liockeart,  and  any  other  adrocats  their 
|oid£ps  of  comicyi  and  the  petitiooer  shall 
Oiidi  ntt»  to  adfise,  coosalt  with,  and  appear 
Ibr  him  in  thasaid  process,  diat  the  petitioner 
be  not  deprifed  of  those  legal  and  just  defences 
fcahastosffier,andin  tbemeantimetoattowthe 
teedom  to  them  or  any  others  that  can  be  ser* 
noeable  to  the  petitioner,  free  aocesse.  The 
lords  of  his  majesties  privie  councili  baving 
considered  the  forsaid  petition,  doe ffive  warrant 
nnd  allowance  to  any  advocat  the  petitioner 
■hall  desire  to  appear  for  him,  for  bb  defence 
in  the  processe  of  treason  parsewed  against  him 
before  the  jostices,  at  the  instance  of  his  ma- 
jesties adirocat,  excepting  sir  George  Lockeart, 
he  bdng  formerly  ordered  to  concur'  with  the 
Idiij^s  advocat,  and  allows  the  magistrats  of 
Bdinbnr^  and  keepers  of  the  Tolbooth  to  give 
the  petitioner  a  iitt  roum  be  himseUe ;  and  his 
firiends  and  advocats  to  haTo  accesse  to  him,  for 
preparing  his  defences,  they  being  always  an- 
nwmblefor  his  eaife  custody."  Friry  C!oundl 
Beoords,  p.  S57. 

.  *  The  Trial  was  first  appointed  to  proceed 
on  the  17th  March ;  on  which  day  there  is  the 
bUowing  entry  in  the  Books  of  Adjournal. 

Intran  March  17,  1684. 

Sir  Hugh  CampheU,  elder,  of  Ce8nock,John 
Weir  of  Newton. 

Indyted  and  accosed  for  being  art  and  part 
if  the  late  rebellion,  and  other  treasonable 
I  mentioned  m  their  dittayes. 


'  Jhifsswer.— Sir  George  M^Kenadeof  Rose- 
lUg^,  his  mijesties  sdTOcat 

>  §$Mti9mion  tn  Defence:— Sir  P^rick  Hnrne, 
*       VtibwWaiiaiaFliCdMi^Mr. 


him  John  Weir  of  Newto«i,-itek4 
tiU- Apiil,  and  the  Adtocato  mkm 
Cesnoek,  aooordiog  to  an  Ad  oT 
datadFebrtiary  l^tth,  by  wUeh  dr  Gains 
Locfcbart  isappointed  to ooncor wiih the Ai* 
vocato  m  this  process.    That  < 
is  ddayed  till  March  *S4, 


CB8ifocK>  iMDicncDfr.    S4tfa  Maich  Itti 

Stf  Hngh  qamphel  of  CesMMk  uilifllBimrf 
aooosed,  thft  irhirfi^  nntiriihslMidini  Iqr  Ai 
lawaand  niiff  irf  pirinmnnt  nf  thlsiisinii, 
and  constant  nraoticfc  tfaerao^  tbe  lisiflgsf  hii 
Mi^iesty's  sobyecto,  or  any  number  afaoa  is 
anna,  without  and  contrary  to  his  MsjsM 
command,  wanrant  and  authority,  and  m  td- 
ing,  abetting,'  assistmg,  resc '* 
intereommoning,  or  keapini 
with  open  and  manifest  rsbds^  and  the  s^ 
hoondmg  or  ratihabitmg  of  tham,  or  dnsg 
them  any  fitroors,  are  cnmeaof  high  traam 
and  ponisbsbk)  with  fotfeilnre  «nA»  hail 
and  goods  ;  and  by  the  3  Act,  1  PteL  liqf 
Jam.  1.  it  is  statute  <  That  noman  whelMihir 

*  the  king's  person  under  the  pun  af  IbrfalMe 
<of  hfe,  lands  and  goods;  andhydwARbtat 
<of  bis  Majesty's  fiist session  ef  hiatal » 
<hament,it  isdedafed,That  itshalbsljj|h 

<  treason  to  the  solgecta  of  this  khigiwi,  sr 
^  any  number  of  them,  more  or  1sm»  \ifm 

<  any  ground  or  pretext  whatsomevar,  to  aai« 
^  contmue  m  arms,  to  make  peace,  orwir,« 

*  suy  treaties,  or  leaguea  with  ftragn  pdMS 

*  or  estates,  or  amoD|^  themsehFea,  witmtlii 
^miyerty's  special  authority  and  aiiMtnkita 

*  first  interfioncxl  thereto.'  And  all  ids  aa* 
jesty's  subjects  are  discharged,  upon  any  Jis> 
text  whatsomerer,  to  attempt  any  of  IMi 


things  under  the  pain  of  tieaaon.     Aad  ly 

thed7act9Darl.Jam.  5,  it  is  dedared,  *  Tkl 

no  man  willfully  maintain,  or  do  Ikfoun  ti 

open  and  manitest  rebels  agauist  the  kiflf^ 

*  majesty,  under  the  pain  of  forfeiture ;'  mi 
by  the  144  act,  pari.  13.  Jam.  6.  it  is  sMtab 
and  ordained,   *  That  no  man  openly  «r  mil* 

*  riottsly  rebel  against  the  king^i  person  or  ss^ 

*  thority,    or   make  war  against  the  ki^^ 

*  lieges  ;   and  that  where  any  declared  tni* 


Colline  Mc*Kenzie,  Mr.  Walter  Pringle,  Ife 
John  Kiocaird,  Mr.  William  Baily,  Mr.lUtfl 
Mayne,  Mr.  James  Balfour. 

**  The  said  day,  Mr.  Geoige  Bannermso||is» 
duced  an  act  of  privy  councili,  for  i|uiiM[ 
a^ratinst  Cesnoek,  whereof  the  tenor  foOovir 
(Here  is  recited  the  order  of  the  privy  coaad 
above  quoted,  but  dated  the  16th  instead  of  iks 
14th  as  it  stands  in  the  Recoid  of  the  Fttif 
Councili.) 

<<  The  Lords,  at  his  Majesties  Adroesis  di* 
sire,  continues  the  dyett  againat  John  Wdrtf . 
Newtoun,  till  the  7Ui  day  of  Apvill  ^ 

against  sir  Hugh  CampMl,  ^' 
ordains  witneBBssandT  aa^ 
ana  under  the  pamo  of '  fy« 


jTjjHSj^r 


•♦J 


STATE  TRIALS,  96  CBAmiBs  IL  l684.--S£r  HugkOmpbell.        [998 


or  nbeb  repair  in  any  part  of  this  realm 
r  of  hb  Buijesty's  heges  shall  presume 
Ml,  aopply  or  intercommune  witb  tbein, 
▼e  them  meat^  drink,  house,  harbour,  or 
relief  or  comfort,  under  the  same  pain 
Arhilk  they  are  forfeited,  or  put  to  the 
;  and  that  immediately,  upon  Knowledge 
beir  repairing  in  the  l>ounds,  all  his  Ma- 
'^  obedient  subjects  do  their  exact  dili- 
se,at  the  utmostaf  their  power,  in  search- 
seeking,  taking  and  ai^prehending  of 
laid  declaired  traitors,  and  presenting  them 
istice,  or  in  following  of  tlieni  while  they 
dcen,  and  expelled,  and  put  out  of  the 
i ;  and  immediately  to  make  intimation 
le  magistrates  and  persons  of  power  and 
lority  m  the  next  shire,  who  shall  be 
en  to  do  the  like  diligence  without  delay, 
10  from  shire  to  shire,  while  they  be  ap- 
lended  and  brought  to  justice,  or  "expelled 
pat  forth  of  the  realm  ;  and  tliat  they, 
I  all  possible  speed,  certify  his  majesty, 
me  of  his  secret  council,  or  some  of  the 
f  persons  of  authority  and  credit  ihvclliug 
lin  the  same  shire,  that  such  i>ci-sons  are 
in  the  same,  wandering  athoit  the 
itry,  or  lurking  in  any  part  thereof,  under 
pun  that  the  traitors  or  rebels  ouglit  to 
e  tiKtained  in  bodies  or  goods  themsclTes, 
■e  they  had  been  apprehended,  present- 
id  convict  byjustice  ;'  and  by  the  14  act, 
I.  Jam.  S,  it  IS  declared,  'l^hat  all  who 
I  reset  such  as  are  justified  for  crymes, 
e  crimes  be  notour,  or  the  trespasser  con- 
•r  declared  guilty,  are  ordained  to  be 
fhed  as  the  pnncipal  trespasser  ;'  and  by 
act  7  pari.  Jam.  5,  it  is  statute, «  That  no 
,  wittingly  or  wilfully,  reset,  supply, 
itain,  defend,  or  do  favours  to  any  of  his 
sty  *8  rebels,  and  being  at  the  horn,  within 
'  houses,  bounds,  lands,  or  bailiarics, 
r  the  pain  of  death  and  confiscation  of 
moveables.'  And  by  ih«  common  law, 
uad  acts  of  parliament  of  this  kingdom, 
ing  out  and  ratihabition,  or  art  and  part, 
isbable  as  the  principal  crime.  Yet  ne- 
less  it  is  of  verity,  that  the  said  sir  Hugh 
bel  elder  of  Cesnock,  shaking  oil  all 
TGod,  respect  and  regard  to  his  majesty's 
ad  authority,  has  presumed  to  commit, 
gailty  of  the  said  crimes,  in  so  far  as 
lody  and  sacrilegious  murderers  of  the 
chbisbop  of  St.  Andrews,  and  their  ac- 
ioes,  to  the  number  of  nine  or  ten  thou- 
MTing,  in  the  months  of  May,  or  June, 
riwn  and  appeared  with  arms  within  the 
n  shires,  in  a  dcsprrate  and  avowed  rc- 
I  against  his  majesty  and  his  authority, 
f  bunit  his  laws  and  acts  of  parliament, 
inicd  treasonable  declai-ations  and  pro- 
tioDS  at  public  market- crosses,  kille<l  and 
flttd  several  of  his  soldiers  at  Drumclo;^, 
bed  the  city  of  (ilasgow,  ro!>lm(l  and  li- 
m  ffoods  and  houses  of  his  Majesty's 
Vn^eotay  marched  up  and  df:wri  the 
J  M  a  warlike  and  military  imstnrc, 
OMMOili' of  yruTf  rendezvoused,  exer- 


cised, appointed  commanders,  and  oflksn 
over  them,  and  continued  in  open  and 
avowed  rebellion,  oonuuitting  all  acts  of 
hostility  and  high  treason  till  the  23d  day  of 
June  the  said  year,  that  they  were  defeat  at 
Both wel- bridge.  The  said  sur  Hugh  Campbcl 
having,  upon  one,  or  other  of  the  days  of  the 
said  month  of  Juue,  1679,  met  with  Daniel 
Crawford  in  Cralstoun,  Thomas  Ingrham  in 
BoAinds,  John  Ferguson  in  Catharmgill,  and 
several  other  of  the  said  rebels,  at  or  near  the 
bridge-end  of  Galstoun,  coming  from  the  rebels 
then  in  arms,  whom  they  lefl  at  Tolcross-park 
near  Gla^pow,  the  pannal  asked  them  wneio 
they  had  teen ;  and  when  tliey  had  told  him  that 
thev  came  from  the  Westland  army,  he  said  that 
he  had  seen  more  going  to  them  than  coming 
from  them.  And  having  asked  them  if  thej 
were  to  return ;  they  told  him,  they  knew  noL 
Whereupon  he  treasenablv,  contrary  to  his  al^ 
legiance  and  duty,  said,  that  he  liked  not  ran- 
aways,  and  that  they  should  get  help  if  they 
would  bide  by  it,  and  bade  them  take  coaragt, 
or  some  such  like  words  to  that  purpose. 
Wherethrough  the  said  su:  Hugh  Gampbel  m 
guilty  of  intercommuning  with  notour  rdiels, 
3iey  having  tokl  him  that  they  had  come  from 
the*  Westland  army  at  Tolcross-park ;  and  the 
said  panners  not  apprehending  of  the  said 
rebels,  and  giving  intimation  to  the  next  ma> 
gislrate.  And  also  he  was  guilty  and  culpable 
of  giving  a  treasonable  counsel  and  advice,  to 
go  back  and  return  to  the  rebellious  army,  and 
also  encouraging  and  hounding  them  out  there- 
to. And  also  of  ratihabiting,  maintaining  and 
fortifying  the  said  rebels  in  their  treasonable 
designs  of  rebellion,  by  telling,  they  should  not 
want  help  if  they  would  bide  by  it ;  and  there- 
by  he  was  guilty  of  the  said  roiellion,  and  ao^ 
ccssory  thereto,  and  art  and  part  thereof: 
which  bcin£r  found  by  an  assize,  he  ought  to 
)>e  punished  with  the  loss  and  forfeiture  of  life, 
lands,  and  goods,  conform  to  the  said  laws  and 
acts  of  parliament,  to  the  terror  and  example  of 
others  to  commit  the  like  hereafter. 

2.  Ye  are  also  indicted  and  accused,  that 
whereas,  notwitlistanding  by  the  laws  and  acta 
of  parliament  of  this  kingdom,  and  constant 
jiractick  thereof,  particularly  by  the  37  act,  9 
pari.  James  1.  it  is  statute,  Thiat  no  man  wil« 
fully  maintain  or  do  favours  to  open  and  ma- 
nifest rebels  against  the  king's  majesty,  under 
the  pain  of  forfeiture.  And  by  the  14  act,  6 
pari.  James  2,  it  is  declared.  That  all  who  shall 
reset  such  as  arc  justified  for  crimes,  if  the 
crimes  be  notour,  or  the  trespasser  convict  or 
dnclarcd  guilty  are  ordained  to  be  punished  as 
.  the  principal  trespasser.  And  by  the  97  act,  T 
I  pari  ,li  inrs  5,  it  is  statute,  that  no  man  wit- 
I  ting!  V  or  willingly,  rosct,  supply,  maintain,  de« 
I  fend,'  or  do  favours  to  any  of  his  majesty's  re- 
bels, and  lifing  at  home  within  their  houses, 
bounds,  land,  or  bniliaries,  under  the  pain  of 
death  and  confiscation  of  moveables.  Andbj 
the  114  act,  1(2  pari.  James  6,  it  is  statute  and 
onlainetl,  that  no  man,  openly  or  notourly,  re- 
bel against  the  king's  person  or  authority^  or 


m  power^  in 

(t?Bni1iDg  ihettt 

wbiie  tboy 

Milof  tlie  aijire, 

to  III*:  ma- 

_ . aulhoiitv^, 

N  holden  to  do  iiie 

|l^»<|9lilk«ii«led  andbroti^bt 
iiM  tttd  put  fortli  of  the 


l|i»^,  wiib  all  ucttsible  &peed, 
4rioni€  of  hw  stctBi  coun- 
chii^'  persons  of  autbority 
f  witbLti  the  s^id  shire,  that 
nithin  tbe  same,  waiiilrin)^ 
I  v^  or  Uirking  in  any  part  therti- 
mm  Ibat  tbo  traitors  and  rebeb 
■yiflaina],  in  tbelr  bc^ilies  an  J 
m  case  ibey  had  been  ap- 
',  and  conrict  by  justice. 
law,  lawp^  and  act^  of  par- 
kL&gdoo3|  bounding'  out,  or  ra- 
%rt  and  part  is  puniibabie  as  tbe 
IM^  N^fcrtbeleas  it  ii  of  verity, 
Uii^h  Campbel,  to  evidence  yet 
ifkked  and  tiaiterous  deglgn  of  con* 
lit«  rebdhon  iu  tbe  year  1579 ;  and 
ild,  ^s  far  oa  wa£  in  your  power, 
iberttOp  by  boiiniling,  kvyiDg,  sentl- 
>,  according  as  ye  did  promise  to 
isiji,  DajiieS  C riivv ford.  Job u  Fcr- 
^ygl^  feiMt^bera  mentioned  in  bi»  former  in- 
XjgHllIk  ibivt  ha  did  send  out  to  tbe  said  re- 
SpSi  ^^  tc'uints  and  servants  af\er  ^f>e(>etleil, 
^1^  Mf.  J  AUK'S  Brown  bii  chaplain,  Geoc^e 
Croftb^d,  Jamei  Hutcbifl«n  in 
Robert  Parker  in  Wester  Lentini', 
lt««burgh»  mason  in  Gal^toun,  Hcclor 
m  Ceinorrk-yarilst  Ijngb  ^eikon  in 
k^uii*  John  Brown  younger  iu  Pric^tland, 
Wood  ID  High-sJde»  John  Lamhie  in 
w,  Alexander  Mitcbel  in  Priestlami, 
Hutcibison  in  Undenvoijd,  Maltiiew 
Uru»hMlni,  Janics  Richmond  in  Law- 
M  llnnler  in  SbihngbilU  George 
ifwrrphant  in  Bankhou^e,  William  Har- 

in  Hickartoun,  — ^ Glasford  in 

l^^tlii^  Kitiimrl  Uos!i  in  Netbertouu,  John 
V^UMi  t^  tt^itk,  Uairick  Gainil,  James  Lambie 
J|»»ifi'tt.  llri^h  VVitKOn  in  Bumtbotf  Francis 
ISfU  '.u  K<u^wlit  (id,  and  several  others  ;  at  ttie 
1^  ^  >  L I  if  g;c>nc  a  nt  to  the  ^id  rebel  lion, 

uu.'  '  "  'thcr*5rtt,  his  did  reset  tbem  upon 

^wwod*  1^  it  bout  enquiring  wbere  tbey 
,  wr  i*hy  tliey  had  hfHin  so  long  absent 
III  *^  4*yi(«f^u«  mil  eritital  a  tlioei  wh«ii  it  wa^ 


carried  oni 
dottniction  of  the] 
this  hi*  oadre  i 
naxchy  theroia 

iwet,  m  hi 

want  out 

and  liTed  rery  bow  hk  owa  gate  bcfi 
nbdUoo,  and  tbougfa  he  owned  Ibefbre  1 
▼ants  in  his  familv;  th^lie  had  hea  in 
bdlioQ,so  that  the  same  ooidd  not  hot  1 
tourtohim,  yet  he entortained him tm 


uierein  fawisDeii}  ana  Bee 
his  Fm  hooie,  Wnfiam  CAbm 
t  of  his  nenndtothe  oaidrd 


edtbesaidMr.Jan^firowD,  anoloik 
riog^eadingfiflld-prcidier,  as  his  chanlai 
family,  and  the  peisons  alMifenaniea  bd 
tenants  and  senrantSt  and  hanitf  jpsne. 
n.  anamune 


his  grmmd  to  therdieUion, 

thmafier  hairing  letorned  tfaeieto,  and 
eforsinee  living  therein,  and  he  himadi 
op  and  down  among  Umou,  80  that,  mj 
obliged  to  have  enqniied  wheie  tbey  w 
he  oould  notlmow,  that  they  woe  out 
rebeU&Hi^, especially  seeing  their  being  \ 
aamewae  notour  mthe  ooontry,  aM) 
them' were  his  own  domestick  scitinli 
li?ed  in  his  own  house.  Wheiedaom 
said  sir  Ha^  Campbel  haa  moat  trassi 
oontrired,  oontriboted  to,  hoonde^  an 
oot  persons  to  the  late  rebellion,  lias  haih 
rekeL.sopplied,  entertamed,  conrcrsed 
and  done  &vonrs  to  open,noloaraMlmi 
traitors  and  rd»ds,  ana  was  actor,  art  an 
with  the  same,  and  of  the  other  treas 
crimes  above  specified;  which  beii^ 
by  an  assize,  you  ought  be  nooished 
forfeiture  of  life,  lands  and  goooi,  to  the 
and  example  of  o(hers  to  commit  the  liki 
afler. 

S.  The  said  sir  Hugh  Campbel  is  f 
bdicted,  and  accused  upon  the  Uws  as 
of  parliament  mentioned  in  his  former  i 
ments,  for  the  treasonable  harbooiioi 
setting,  entertaining,  corresponding  wit! 
doing  favours  to  notour,  open  and  mi 
traitors  and  rebels,  encouraging  than  ii 
rebellious  practices,:  and  diswading  tbt 
submit  to  his  majesty's  authority;  ini 
as  Alexander  Paterson  in  Balgray  his  t 
having,  upon  the  first,  second,  third,  on 
other  of  the  days,  or  one  or  other  of  them 
of  the  year  168?,  advertised  liim  of  his  b 
been  in  the  rebellion,  and  of  his  wilUngs 
submit  to  his  majesty's  authority,  and  a 
bis  advice  as  to  what  he  should  do,  be  dii 
swade  him  and  desired  him  to  go  hornet 
work  until  he  sent  for  him,  and  so  be'eont 
his  tenant,  notwithstanding  he  knew  i 
being  in  the  said  rebellion.  As  also  h 
on  one  or  other  days  of  the  month  of « 

1679,  go  to  tbe  bunal  of  Captain € 

bei.  who  wii  drowned  in  the  water  of  CMi 
as  he  was  going  to  the  said  lebdliso  Mi| 
through  he  committed,  and  was  gn^  I 
treasonable 


STATE  TRIALS,  3G  Chailes  IL  l68i.-.Sir  Hugh  Campbeth         {930 

[It  is  remarkable  thai  tliei*e  n  iio  menlion  o 
this  Order  in  the  Privy  Council  Record,  where 
there  is  iia  cnlry  at  iilu  of  this  date.] 

'*  Th<?  naimail  and  bis  |ir(icuralors  beiog'  eaU*— 
ed  to  the  barr,  aud  etjquireil  if  ihey  fouudi 
any  objection  upon  Daniel  Craulurd  in  Oy 

bein^  mfonned  of  late  that  such  as  are  to  1 
ailduced  witnesses  being'  to  he  s^ircn  in  list  t<f 
pannaU,  are  oti  ty  mes  practisc'd  ui'ter  iheirnames 
are  kaown  by  the  late  regulations,  so  that  it 
cannot  be  dear  who  will  be  proving  witocsses, 
whereby  the  must  guilty  inay  c^acup^^  aud 
thinking'  it  luo^t  secure  fuV  our  people  to  trust 
the  previous  cxamiuation  cither  belore  or  after 
citation  to  you  the  learued  judges,  wtio  of  all 
others  are  the  most  iiv»^i»':i'/  - » -d  and  iudiiTcrenl. 
We  doe  therefore  i  I  to  yoti  that  if 

our  prity  council  sIj  i.  ucM!i.'v^Arv  prc- 

vioublie  to  examioe  any  who  urt  ta  ht»  aDiUiced 
witnesses  you  viih  examine  them  <i|>i>n  oulU 
accordinijrhc.  So  that  our  tutvo*!Ht  may  bt  se- 
cure luiw  to  laanMge  sudi  proi^<?s«,  v^htireia 
you  will  do  us  accept alile  serrict^,  for  vi'hicfa 
this  shall  be  your  trarran'J.  Aud  *o  u-i* 
you  heartily  farewell.  GiK*n  al  nur  c<»iiri  i 
\VhythalU  the  aoth  day  of  Dec<iml>pr  lOBlJ 
and  ol  our  reignc  lb$  ihrcttie  four  years,  15| 
his  mu|t£stiebi  coiuniaud. 

ii;c  Subncrtifitur^  Mjddleton.** 

*•  A  lacryer  who  understand;} criminal  formi 
»nd  the  reasons  of  theoi,  would  l^e  in  c^»e  to* 
make  ample  observes  u|Mm  this  Letter.  As 
u  a£  tiistfHnary  in  this  time,  thm  practice  here 
had  l>t*en  tried  by  the  luanagi'rs,  twfore  the 
king's  authdnty  wm  inter|K)setJ ;  ami  ihia  w»g 
the  way  now,  first  to  do  uttretisonuhle  ilnn^, 
aud  then  to  engage  the  kin;^  to  require  Ihctn  to 
be  done.  It  is  very  evident,  this  lueihod  w; 
tkllen  on  to  expiscale  matter  of  criminal  ptv 
eeaa  ajfainst  gentlpmeu  and  others,  to  secure 
their  evidence,  and  keep  it  secret  Itkewi&c^  till 
it  was  past  time  for  the  panneln  to  ^et  defences. 
There  i^  here  much  more  than  a  precog-mtion, 
and  the  matter  is  by  oath  fixed  us  far  as  it  it, 
poBstble  to  be ;  ana  it  appears  very  bard  this 
should  be  donc^  aud  parties  not  pre<<rent  to  mvm 
wlmt  exceptions  and  light  they  couhl  for  tuetr 
own  defence.  And  when  once  the  witnessei 
had  made  their  declaration  u(ion  oath,  tbe;^ 
could  not  resile  without  the  charife  of  perjury, 
when  ihey  came  to  hear  eridenee  in  causa,  nni 
before  the  asbize.  By  this  Letter  iDflcx'd  ihd 
Lords  of  the  Justiciary,  aic  to  take  the  wit* 
nesses  oaths,  which  how  far  it  atp-ee'j  with 
judges  before  they  come  to  judtje  directly,  I 
must  leave  to  others ;  but  this  is  only  when  tho 
council  by  this  upon  them  ;  and  the  council 
themselves  had  pow  er,  or  assumed  it  to  do  this  ; 
yea,  ntany  times  it  was  left  entirely  to  tlie  imU 
vacate  lo'do  it,  who  was  evidently  a  party  is 
these  cases,"    Wodrovr. 

**  His  Majesty's  Advocate,  with  us,  exaiDineaj 
parties  aud  \ritnesscs,  before  the  process  b^l 
lulented,  w  htch  he  doth  U[K*n  pretext  ihut  h«  j 
may  thereby  know  how  to  libel  exactly^  aod  tm  I 


I  pmrt  thereof;  which  beings  found 

'"f"  ^"*'^it  to  be  punished  with  for- 

|i)  ind  i^CKMiS)  in  the  terror 

.:  cUe  like  hereafter. 

atneration  of  the  Counsel  on  both 

I  is  tnserte<i  in  the  Record  ai\er  this 

itt»  the  name  of  sir  Geor^  Lockart 

t  for  the  erovvu,  in  udditioo  to  the  enu- 

I  on  the  Uth.     The  ficcord  then  pro* 

.it>s  Adror4\t  produced  the  pre- 
a.  ot  duhe  exe<:ute,  and  repeated 
!  ursewiug  the  pimn;^!!  recorded 

^  Advocat  havin^  desired  the 
ug^  to  his  roujpsliea    letter  to 
itiet^e*  previoushe  before  any 
■lOfT  m  a  cose  uf  treason. 
^»  IVailter  Pringle,  tor  the  panncl,  ulledg- 
by   the  letter  direct  by  his  majesty 

gJil  to  be  previous  wan'and  from  the 
sfor*  wiy  examitiation  ;  which  is  tiot 
1  so  no  pre%  ious  examinatioo  cati 
(  protluced. 
^  isfies  Advocat  answered,  that  he 
rarraud  from  the  coimcdl  for  pur- 
nnei,  w  hich  is  produced  and  read, 
imvi  for  the  haill  procedure  in  the 
i  OS  to  ex  Aiui  nation  and  try  all    The 
I  lo  crivi>  Hn<vv<>r  till  they  should 
pritu  his  t)  \vy  councdK 

riry  i  ivinif  presently  con - 

Ht,  bis  ttmjesttis  advocat  repoit- 

urt  the  act  and  warraud  under- 


N'SVRCH,  March  ^4,  J 684, 

I  of  his  majesties  privy  councill, 
sred  a  representation  niade  lie  his 
,,cat  of  the  necessity  of  a  prex  ious 
of  the  witnesses  adduced  in  the 
^Ja  instance  a^tnsl  the  laird  of  Ces 
I  eonfonne  to  Im  majesties  letter  to 
_j  of  the  aoth  December  1687,  give 
I  to  Ibe  Jiislioea  to  examine  these  wit- 
— ^iiiushe.*     Extract  by  me, 

U4M  PiTiRsoN,  CI.  Sec,  Con.** 

jJKIng'i  Letter  to  the  Lords  of  JumIi- 

—      *  nd.  relative  to  the  previous  exa- 

is  recordetl  in  the  Books 

II  .  Lb  of  Jauuar)'  WS'S.     It 


mulitf    and    well    beloved    cousin 

IVoar,  right  tnistie  and  well  Wlov- 

jloum,  and  tnistie  and  wdl  beloved, 

you   well.       It  bein^*  always  our 

to  ^reyent  the  increass  of  disorder 

Ifioii,  m  that  our  ancient  kingdom, 

bv  txng^   forces  to  sunpreaa 

\s  by  cmpl«>in8^  learn* 

juuges,   who    may  discourage 

urrei^ous   by    discovering'   and 

eb  as  axf  guilty  th«r^f,  md 


931]         STATE  TRIALS,  36  Charles  II.  l6$^^Proceedh^i  agmui        [93! 

stoune,  his  being  designed  in  tlie  list  of  wit- 
nesses given  tu  the  pan  nail  Danicll  Caraiichael 
in  Galstoun,  but  who  is  rightlic  named  and  de- 
signed in  the  body  of  the  dittav  given  first  to 
the  pannall,  and  is  since  given  him  in  list  under 
his  true  name  and  designation.  They  declare 
they  pass  from  any  designation— [It  is  so 
written  in  the  Record,  but  this  should  clearly 
be  objection  and  not  designation.  This  part  of 
the  Record  seems  very  carelessly  written. — 
The  words  *  advocate'  and  *  took'  inserted  be- 
low in  brackets,  appear  requisite  to  complete 
the  sense.] — competent  to  them  upon  that 
head,  for  casting  the  said  Daniel  Craufurd 
as  a  witness.  Wherenpou  his  majesties  [ad- 
rocate]  asked  and  [took]  insfruments." 

"  The  said  day  the  Warrant  of  Privy  Counsel 
anthorising  advocats  to  appear  for  the  pannall, 
was  produced  and  read  before  the  said  lords, 
whereof  the  tenor  follows."  (As  already  ex- 
tracted from  the  Privy  Council  Record,  dated 
$1  February,  p.  922.) 


Wodrow  proceeds  thus : 

"After  his  Indictment  is  read  at  the  bar,  Ccs- 
nock  himself  opened  his  ease  in  a  long  and  pa- 
thetical  Speecn,  wherein  he  insist e«l  mostly 
upon  those  points.  "  That  though  scvi'ral 
field  conventicles  had  been  kept  in  tlie  country 
where  he  lived,  yet  he  bad  pcrmirteil  none  to 
.  be  upon  bis  ground ;  that  neither  himself,  chil- 
dren, or  servants,  had  been  present  at  any  of 
them  ;  that  as  he  kept  his  own  parish  church 
regidarly,  so  missing  two  <if  his  servants  there 
one  Lord's  day,  he  oausetl  them  to  be  kept  out 
of  his  gates  till  tlie  sabbath  was  over,  and  next 
moming  called  fur  tht'iii,  paid  them  their 
wages,  and  dismissed  them  ;  that  during  the 
time  of  the  libelled  rebi'llion,  he  w^s  so  fur  iVotii  / 
encouraging  it,  that  he  retired  to  (Jilchrist,  | 
(perhaps  writ  for  Ciilcherscrofi)  a  strong  house, 
and  abode  thfre  till  it  was  over;  thai  lie  h;ul 
put  off  his  ground  all  his  tenants  who  were 
aaid  to  be  at  Builiuel,  as  soon  as  tlicy  were 
convict ;  that  if  he  \.  us  found  guilty  in  that 
matter,  he  was  most  willing  to  uudeily^lie  law, 
but  he  knew  he  was  iimorfnt ;  that  one  of  the 
whnesses  adduced  a^fainst  him  he  never  saw 
befoix*,  as  far  as  he  k»<nv,  but  could  prove  he 
luul  declared  in  so verul  pUccs,  that  U^  would 
do  Ccsaock  auill  turn,  Uj^nuse  he  luid  inf  irmed 

the  end  he  may  not  vc\  parties,  if  he  iind  no 
{(round  for  the  pursuit.     Ik.t  many  learned 
lawyers  have  silwwys  thought  this  procedure 
dangerous,  fur  his  iua)esty's  advocate  is  still  a 
par^  interested,  and  so  should  not  be  allowed 
to  deal  with  the  \\  itiies.-^' es ;  for  thereby  he  mny 
strain  from  tht* in  whai  otherwise  they  would  j 
Dot  depone.     And  if  in  our  lust  n  formation  of 
the  justice  court,  it  was  found,  that  iiie  Icing's 
advocate  should  not  make  the  vo\[  of  assizers, 
because  he  is  too  much  interested,  much   less  • 
should  he,  for  the  same  reason,  be  allowed  to  ; 
examine  the  witnc^es,  since  that  is  not  allowed 
to  the  advocates  for  the  defenders."    Mackcn- 1 
zia*s  Criminals^  part  2.  tit.  20,  sec.  2. 


abont  a  murder  he  (the  witness;  Ivid^ommiltal. 
In  short,  as  to  other  defences,  he  remitted  him- 
self to  his  advocates." 

The  Advocates  ibr  the  Panne!  were  sir  John 
Lawder,  sir  Patrick  Hume,  Mr.  Walter  l^rin- 
gle,  Mr.  William  Fletcher,  Mr.  John  Kincud, 
Mr.  Colin  Mackenzie,  Mr.  Robert  Main,  Mr. 
William  Baily,  Mr.  James  Balfbm-.  After 
reading  the  Indictment,  the  King's  Advocate 
moved' that  the  Justices  might  examine  the 
witnesses  previously  before  any  trial,  this  being; 
a  case  of  treason,  and  alledged  a  letter  limn 
bis  majesty  to  this  effiect.  Mr.  Pringle  auircr- 
ed,  that  a  previous  Warrant  ought  first  to  be 
given  by  the  council,  in  terms  of  the  King's 
Letter,  which  was  not  produced.  The  Adn>- 
cate  replied,  his  Warrant  produced  was  as  to 
the  whole  process,  and  no  more  was  needfoi 
The  Lords  delayed  to  dcterounc  till  they  sdrii- 
eil  with  the  Privy  Council. 

This  little  bit  of  form  was  soon  got  over;  a 
council  was  immediately  called,  and  th6  Advo- 
cate bad  a  Warrant  given  him.  *'  Edinbofgh, 
March  24,  the  Ijords  of  Coiincill  having  eoa- 
sidered  a  representation  by  his  Majesty's  Advo 
catc,  of  the  necessity  of  the  orevious  tmsi- 
nation  of  witni  sses  m  Cesnock's  proecsB,  ia^ 
conform  to  his  Majesty's  Letter  to  the  jnstioB, 
Decembt^r  30,  1G82,  gife  warrant  to  then  te 
examine  thos4;  witnesses  previously."  Vlhm 
this  was  produced,  the  i lawyers  entered  Qpoa 
the  cause.  Cesnock's  Advocates  pleaded  a!  i 
great  length,  and  with  much  force  of  resMi, 
and  the  King's  Advocate  said  all  so  Ql  a  casM 
could  bear.  In  this  extraurdinarv  Case,  tf 
which  no  account  has  been  yet  publiNhed,  At 
curious  rea«ler  will  incline  to 'have  the  DebsM 
as  they  stand  in  the  Registers.  Accordiofflj, 
I  have  added  the  Defences  «f  Cesnock's  Aorot 
cates. 

Cesnock's  Advocates  Defences. 

Sir  Patrick  Hume,  for  the  pannel,  slledge^ 
always  denying  the  indictments  and  haill  ar> 
tides  and  qualitications  thereof.  And  as  to  tbe 
first  indictment ;  whereas  it  is  alledged  that 
the  defender  did  intercommune  with  the  nbek 
in  so  iar  as  he  having  met  with  Daniel  Craw* 
ford,  and  the  other  persons  mentioned  in  tbc 
libel  at  or  near  the  bridge  of  Galstoun,  as  tbey 
were  coming  from  the  rebels  then  in  ansa, 
whom  they  lefl  at  Tolcross-park,  and  didspaifc 
and  discourse  with  them.  It  is  answered,  ina- 
That  it  is  not  relevant,  unless  his  Majestf^ 
Advocate  condescend  upon  the  particalar  «n| 
that  these  persons  past  tlie  bridge  of  GaKtoua, 
which  if  he  will  do,  the  defender  positifcij 
oflcrs  to  pro\e  that  he  was  alibi,  and  (Iiat  M 
was  at  home  at  his  own  house  of  Cesuock  tf 
that  day. 

2do.  The  libel  is  not  relevant  to  infer  inler- 
commnning;  seeing  it  licars,  the*  defends 
only  met  with  them  by  the  way,  and  tbe  aia- 
pie  meeting  of  persons  in  the  high -way,  wbkb 
was  only  accidental,  and  the  asking  then  fn<i 
whence  tliey  came,  and  whither  they  w<0* 
going,  neither  by  our  hw,  nor  any  law  n^ 


I 


e: 


STATE  TRIALS,  56  Chahlks  TL  i6Si^Sir  Hugh  CampbtlL         [SSi 

especialK  seeing  ibe  »Iiifen(ler  wjw  tie? er  hi- 

flicrto  tamtetl  wlh  liistaynlty,  but  on  ihe  <xra- 

trary  wji^i  rcaJv   iijhmi  all  occasions^  to  testify 

1  alfoclitiij  io  thit  kiii^\  ««?mce»  and 

I  Ul  conventicles,   whicb  are  the 


wfirid,  ran  infer  tnlercommunln^  diftrliariied 
bjf  ibi*  bw,  *-^  •  '-  "■;  *  Sr  umlerstfjoa  in 
iCe  ri*i«  n»  u  iK-e  by  lettei-*, 

.,.  at  rtf  tiiiiign,  in 
i  the  rebel  lion,  tind 
;  >  in  tbe  Itigb-uay  ; 
>ui>i{  tban  upon 
i[  tvad  mi't  nny 
reb^lh,  and  \vMi  u&ked  ul 
oatDC^  or  wbulier  be  was 
ttid  ha.ll  iui^uircd  Ibr  new*  concerning- 
li^  «s  was  very  orrbnnry  at  that  time, 
'    '  liiliy  of  intercomniunmg; 

■  *  iniugiue, 
M-  tuen  d^^larcd  tbey  came 
uf  tbt  rrbtlfe  in  the  wesi,  yei 

not    .>Kh.,-.-.rl   tn    L-„nxv   Ih  r,  I    ilir-i- 

\  fur  many  went  there  who  had  no  de- 
I  concur  in  tberebclhon*     For  it  is  no- 
fknown    that  jiorne  went  to  bring  back 
nnd  s;o*hIs  tliat  were  taken  away 
H  to  briiitf  back  their  cbif- 
»  sucli  rebellious  courses, 
'ecu  denounced 
'i   of  the  >*hire 
iv,K  zi,  \i  L.-uiii  lie  iiv»  eritneto  sneak 
irae  vvitb  them,  or  not  tu  apprehend 
ttot   to  make  iutiniaTioti  to  the  nc.vt 
lu  i,^  c'lt'ar  from    iUG  act,   parL  12, 
Iv   uliich   it  18  expressly    provided^ 
itaiitii  of  the  ^$htre  are  not  put 
'    converse  or  interconnnune 
tl  iiey  tie  dcnoun'^cd  10  the 

h  crt>*is  of  the  Hhire  where 

31^'    uuil  alia  it  tbey   had   been  for- 
mic, and   der  111  red  and  denounced 
itli  not,   vet  tlie   intercom- 

I  ij-  Willi  ibeio  being  only 
Ally  it  cannot  infer  the 
ri,  as  is  clear  from  his 
'T'  >n  In  April  last. 

ii,  that  ihe  defender 
>  >uus  at  the  bridge* 
vftfstuun,  he  shuiiid  have  said  to  them 
uoi  ri;n:iArayi,  and   so  1^   guilty  of 
le  counsel  artd  advtce  to 
i  ihe  rvMn.     It* is  an- 
ilic  tvurds  do  not  import  counsel 
I  these  person  ii  to  g^o  back  to  tJie 
'        J  e\[ires>iions  Citn  never 
,   ihi'  crime  of  tieai^ou, 
rpcrly  and  p(»ttilively  in- 
Fill*  ilirse  woittn    do  not   full 

„i  Is  of  parlianiciit    libelled 
ouly  ai^ain^t  fhe   fWmg  in 
l>iuL(,   and  the  wilful  main- 
iir  to  open  and  manifest 
_  .  d  trailors,  or  to  res^t» 

^ffgl^\  lie  with  them;    so  that 

irini;   do   not  iall   under 
ufer  the  crime 
riple  in  law, 
practical  non 
aal  statutes^ 
ruuv,  iui    t^vprew  wordft} 


'  titbetur/     And 
tWtit«Qikii  • 


his  y 

to 

reinl  mI  rrl)ellion,  and   upon  all  occa* 

sions,  and  in  all  companies  did  always  invejg^lt 

fljl^ainst  I  hat  e:recr3ble  ri»bcllion,   and  all  re- 

beUiou.s  courses,   as  bejuy"  destructive  to  th« 

king^s  inteie^t,  the  peace,  quiet  aiid  v^eal  of  the 

kingdom. 

.^)to.  Whereas  It  is  ttbelh  d,  that  the  defender 
spoke  these  wordj^,  or  such  like  words  to  that 
|HiqMiKe,  if  not  relevant  in  such  general  terms  ; 
ibr  seeiniL^  the  crime  eontiikts  in  wordx,  the 
particular  words  ought  to  be  expresi  and  con- 
descended upon  in  tlie  libel,  otherwise  it  is  not 
relevant, 

Oto.  Albeit  the  words  mentioned  in  the  in- 
diclntem,  should  amount    to  treasonable  ex- 
pi'e&sions,  yet  tlie  defender  is  secure  by   hl» 
majesty ^s  gracious  act  of  indemnity  in  July 
161 9 1   by  v^bich    his  sacred  omjesty  lor  tbV 
treasons  'and  cau^ics  therein  mentionedt   *lo€» 
expressly  indemnify  all  such  as  have  spokeit, 
written,  printeil}  published,  or   dispersed  any 
traitorous  speeches,  or  have  advisH  any  thing' 
contrary  to  tbi£  laws  ;    and  generally  all  sucn 
as  arc  liable  for  any  pursuit  or  occasion  relating 
to  any  public  administration,  by  convincings 
'actings  or  op|M»«itions,  or  otherwise,  preceding 
the  date  hereof,   declaring'  the  ffcncrality  Oi 
these  presents,  to  be  as  effectual  to  all  intents 
and   (lurposes^   as  if  every    circumstance   of 
every  une  of  the  foresaid  delinquencies  or  mis- 
demeanours were  particularly    and  speciaUjr 
tlierein  insert ;   and  that  every  one  of  llie  per*- 
sons  that  mt^ht  be  challeng^u  or  pursued  foM 
the  same,  hud   a  remission  under  the  grem 
seal  or  an  act  of  indemnity  past  in  bis  favour 
disc  barging-  any   of  bis  majesty  ^s  otlicers  ot  ' 
subjet'ts  to  pm^sue  any  person  or  persons  upott 
such  accuuntf  either  ad jirivafam  or  vitntjctam 
jiUbUcam^  or  ttt  upbraid  ihem  therewith,  and 
commanding;  all  the  judges  to  interpret  tliis  his 
majesty's  remissiot),  witti  all  possible  latitud#| 
and  favour,  as  they  will  be  onswemble  upon  tlMij 
liig'liest  peril. 

As  to  the  second  additional  indictment,  at* 
ways  denying  the  same,  whereas  it  is  alledgcdL  ■ 
that  Ihe  defender  wiis  guilty  in  cotitrivinjj  oti 
the  late  rclielliou,   in  the   year  IG79,  ana  dill  J 
conuibuti-  thereto,  by  hounding,   levyinir  and  I 
sending  out  men,  as  he  ha«l  ]>romised  tQ  Tho- 
mas  Iti^rham,  and  the  other   nersons   nien* 
tinned  in  the  first  in^lictment,  ana  that  lie  had  ' 
«ent  out  to  the  rebellion,  the  tenants  and  ser- 
vants mentioned   in    the  snid  indictment ;   al 
least   bBving*    gone  out  to  the    rctK^llion,  ha 
thereafter  reset  them  upon  his  jfround.     It  i 
answered,  Imo.  Tbatri  is  a  great  mistake,  for 
it  is  not  so  much  as  lil»elletl  in  the  first  in- 
dictment, that  the  defender  promised  toTlio- 
mas  In^rham  atid  the  other  nersons  therein 
mentioned,  to  send  out  mcu  to  the  n-hcllioo. 

tjdu.  It  is  ahsohitety  dented^  that  the  pan* 
nel  did  scud  out  these  or  other  persoaa  to  tk^ 


9S51         STATE  TRIALS,  36  Chablbs  II.  l6S4.^Proceeiing$  agmn^        [OSS 


l^bellioD,  and  the  tenants  going  out  to  the  re- 
bellion, cannot  make  the  master  liable  as  a 
contri?er,  unless  they  went  out  by  bis  express 
order. 

diio.  Albeit  the  defender  hail  reset  any  of 
the  persons  mentioned  in  the  indictment,  on 
bis  ground  after  the  rebellion,  yet  it  was  not 
relevant  to  infer  the  crime  of  treason,  far  less 
to  make  him  a  contriver,  because  it  is  offered  to 
be  proven,  that  these  persons  did  either  take 
the  bond  debito  tempore^  obliging  themselves 
never  to  ri^  in  arms  against  his  majesty  or 
bis  authority,  and  so  it  was  no  crime  to  reset 
them,  or  they  were  fewars,and  he  could  not  re- 
move them  i  or  they  were  tenants  to  other  men, 
and  so  he  could  not  be  liable  as  resetting  them 
on  his  ground,  or  if  any  of  these  persons  had 
been  in  tlie  rebellion,  it  was  never  known  to 
tlie  defender,  or  they  were  not  declared  rebels, 
or  in  any  porteous  roll,  or  denounced. 

4to.  As  to  Blr.  James  Brown,  it  is  positively 
offered  to  be  proven,  that  he  removed  out  of 
the  delender's  family  ^bout  fifteen  months  be- 
fore the  rebellion,  and  was  never  a  servant 
thereafter  in  his  family,  bnt  was  servant  to  the 
deceast  lord  Craigy  lord  justice  clerk  ;  and  if 
at  any  time  thcieafter  the  said  Mr.  James 
came  to  his  i.ouse ,  it  was  only  transiently  for 
a  night's  tiir.c,  and  no  man  could  refuse  to 
give  a  night's  lodpjng  to  one  that  was  a  scr- 
Tant  to  an  officer  of  state :  and  the  said  Mr. 
James  Br'j\vn  did  continue  a  servant  to  the 
lonl  Ci-aigy  till  he  died,  and  thereafter  was  a 
servant  to  Baldoon,  but  was  never  a  servant  in 
the  deleudcr  s  family  afler  the  rebellion,  nor 
lor  lifti-cn  months  betore. 

5to.  As  to  William  Gilmorr,  the  defender 
denies  he  was  vwr  in  ti.e  rebellion,  or  that  he 
pave  iiim  a  certificate  in  the  terms  mentioncfl 
inthciii'Uctment. 

6.  Tiic  resetting  and  iutercommuninc;'  whh 
the  ]iersons  n.cntioneil  in  the  indictment,  could 
be  no  crime,  seeing  they  were  not  donoiiiiced 
rebels  at  the  Market-cross  of  the  head  bur^h 
of  the  shire  where  tlicy  dwell,  as  is  clear  from 
the  1C6  act,  pari.  12.  Jam.  6,  by  wbich  it  is 
jirovided,  That  albeit  denunciation  at  the 
Market- cros.s  of  Edinburgh,  shall  be  snfhcient 
for  the  iuti-oinitting  with  the  escheat,  as  the 
same  had  been  made  at  the  Market-cross  where 
they  dwell. 

As  hi  the  third  Indictment,  seeing  his  Majes- 
ty's Advocate  passes  from  it,tliv  Pannel's  Pro- 
curators take  instruments  thereupon. 

Mr.  IViiliam  Fletcher  further  nllodpfcs  for 
the  pannel,  that  tlie  libel  is  not  relevant.  Fnr 
1.  All  criminal  libels,  especially  such,  by  which 
mens  lives,  fortunes,  reputation  and  posterity 
are  drawn  in  (piestion,  ought  to  be  founded  on 
clear  and  positive  law  and  statute,  and  the  sub- 
sumption  and  criminal  fact  ought  to  quadrate 
with  the  la^vs  contained  in  tlic  proposition ; 
whereas  the  crnue  libelled  in  this  inoirtnient, 
consisting  of  certain  sentences  and  expressions, 
l^atliered  up  five  years  afler  the  same  are  pre* 
tended  to  have  been  8|)oken  in  a  transient  way, 
to  penoDS  who  were  passing  by,  are  not  found- 


ed upon  any  of  the  acts  of  pariiamait  libcM^ 
which  do  only  declare  what  actions  are  trenoD- 
able,  but  do  not  infer  forfeiture  from  light  woi 
rash  words,  and  the  utmost  extent  as  to  which 
the  acts  of  parliament  ^  as  to  this  point,  ii 
only  to  punish  with  forfeiture,  such  treasonUe 
speeches  as  are  malicious  and  advised,  as  ap« 
pears  by  second  act,  second  session  of  his  ms- 
lesty'g  first  parliament,  where  it  is  declared  Is 
be  treason,  *  for  any  person,  bj^  wriling,  nint- 

*  ing,  preaching,  or  other  malicioaa  and  aoviifl 

*  speaking,  to  express  or  dtdare  tbetr  tresMS- 

*  able  intentions,  to  plot,  contrive  or  ratcotf 

*  death  or  destruction  to  the  king's  majertj/ 
And  this  indictment  not  bearing  that  m  n- 

firessions  uere  advised  and  roaUcions,  is  mC 
bunded  on  the  acts  of  parliament,  and  ipis 
not  relevant. 

2.  It  has  been  the  wisdom  of  the  belt  go- 
verned nations,  not  to  infer  the  crime  of  tmaon 
fram  light  words,  which  may  be  rashly  wnket^ 
and  the  import  and  sense  whereof  D<un[  "^  *^ 
sily  mistaken  :  And  therefore  the  HomDiy 
who  did  not  allow  actions  to  arise  firom  ooa- 
tracts,  and  pactions,  and  words,  unlc«tbeMB» 
had  l>een  done  by  stipulation,  or  verba  ioienm^ 
took  care  to  provide  by  their  laws,  tliat  nA 
words  should  not  be  drawn  in  consequence,  if 
appears  by  the  Lex  7  §  3,  Di^.  ad.  Leg.  Jri. 
Majest.  which  l)ears,  that  >  lubncum  lingme  ai 

*  pccnam  facile  trahendum  non  est,  quanqon 

*  temerarii  digni  poena,  sic  tainen  ut  imsiis 
*•  illis  parcendum  est,  si  non  tale  sit  dcUdoBi 

*  quod  vel  ex  scriptura  Icgis  descendit,  vd  sd 
'  exemplum  Ii>gis  vindicaudum  est.'  And  \j 
the  Lex  Vinnia  Cod.  si  quis  irapcratoii  mik- 
dixerit,  the  emperors  Theodosius,  ArcadiosiBJ 
Honorius  have  declared,  that  *•  si  quis  improbo 
^  pctulantique  maledicto  nomina  nostra  cndi* 

*  derit  lacesscnda,  ac  turbulentus  ob  trcctitor 
*•  tem|M>re  nostrum  fuerit,  eum  pcenffi  noknaoi 

*  subjug^re,  sed,  intcgris  omnibus,  hoc  id  O0i- 
<tram  scientiam  reteratur,  ut  ex  penaas 
'  hominis  dicta  pensemus.'  And  by  tnelavs 
of  England,  the  crime  of  treason  cannot  W 
inferred  from  bare  words  or  expressions,  with- 
out an  overt  or  open  act,  as  appears  by  wktt 
that    learned  lawyer  sir  £dward  Coke  hilli 

I  wriitenin  his  Institutions,  upon  the  chap.  «f 
:  his^h  treason,  where  he  says  expressly,  '  tkit 
<■  divers  late  acts  of  parliament  hare  ordained, 
<  that  compassing  by  bare  words  or  sayipn,* 
shoiild  he  hi^h  treason,  but  all  the&e  are  eitMr 
expelU.Ml  or  expired,  and  ic  is  coiumnoly  nid, 
that  Imiv  words  may  take  an  hcretick,  kitit  faiit 
words  cannot  make  a  traitor,  wiihout  an  OfOt 
act.  Ad<I  the  wisflom  of  the  makers  oftbii 
law  would  not  make  words  only  to  be  trracM, 
seein;>;  such  variety  among  the  witnesses  ahoSt 
the  same,  as  fbw  of  them  agree  together  ;  k«t 
if  the  same  be  set  down  in  writing  by  tbede- 
lintpicnt  himself,  this  is  a  sufficient  o«ert  set 
within  the  statute.  And  the  reason  of  tbcM 
laws  is,  that  the  various  accenting  and  pro- 
nouncing of  wonis  may  give  them  a  diffef^ 
sense,  and  that  the  memory  of  witnesses  msf 
be  lubrick,  and  by  the  costom  aad  ptacbcs  m 


957}         STATE  TRIALS,  36  Chakles 

this  kiDgrlom,  treason  hns  not  been  infer reil 
from  nuked  uords  nithuut  wijt,  unless  there 
had  been  a  long-  conlext  of  sermons  anil  decla- 
mations, whereof  tlie  &coj)e  ami  design,  a** 
W9l\  as  ibe  wordii  tlj  em  selves,  were  cfear  unU 
^idtfot :  But  treason  was  nerer  interred  from 
transient  words  uiiil  hidf  sentences,  wbicli 
niigbt  be  gathered  t<)^etli4fr  by  ignorant 
beftrers,  who  cannot  take  up  the  import  and 
iMSe  at  a  disconrse. 

^^B.  As  to  that  pnrt  of  the  libel,  by  which  the 
Brds  I liertin  mentioned  ateconislrncied  to  be 
EmtUionable  counsel  and  advice  of  enconnigc- 
Ufeeot  to  the  i-ebeU  to  go  Uiick  ;  tlie  words  can- 
not bear  any  such  construction,  and  at  mobi 
iJiey  can  only  amount  to  a  rosb,  adviseil  und  a 
^^[sunable  speech,  and  not  to  miy  udvice  thut 
^■bK  rebels  nltould  return. 
^Ci.  Albeit  the  ^urds  conid  be  stretchetl  to  in- 
fer a  counsel  of  rebellion,  yet  tlie  same  being 

*  consilium  uuduui,  sine  iu^itructioue,*  it  cannot 
import  an  accession  to  rebellion,  which  can  only 
be  inferred  from  Fucb  couniels  which  may  be 
useful  for  carrying  on  the  crime  ;  and  law  hatb 
disting'tn^bed  nctwixt  an  exhortation  and  a 
€«>tinArl  to  c^jnimit  a  crime,  as  appears  from  tbc 
tiist    piirBgraph   of  the  institutnin^  de  facto, 

JHke  wnrdsare,  *  certeipii  nuUnm  opem  ad  fur- 
^Bm  fadendum  adhibnit^sed  tantumron milium 
^k4it,  atque  bortntusest  ad  furtum  faciendum, 
^  Q4m  tenetur  furti.*  And  Vinnins  upon  thisi 
pnragrapb  says  expressly,  that  *  simplex  con- 
'  ^ibijiii  sine  instruct ione,  neminent  furlioUigat, 

*  f]uautiimu!i  furtum  !i!ecoty  in  i^it/  And  Ul- 
|»ianti&  in  lej/e  50  §  pennU.  Dig.  de  furtis.  ex- 

'  iuiog  what  kind  of  connsel  imports  an  ac* 
■  an  to  a  crime,  hath  these  express  wordsj, 
onailium  dare  videtur,  qni  persnadet  et  im  * 
rlUt,  atque  instruit  couifilio  ad  furtum  faci- 
■dtim/     And  Fapinlan»  in  Leg.  20,  Dig.  de 
r  i^ui  notantur  iiifamia,  says  expressly,  that, 
\  tfut  evhortatur,  niandutoris  opera  non  fun  - 
lit  11  IS ^     And  thi^  is  tlie   opinion  of  Clams, 
ag.  fin.  <^nie5t.  86,  who  says  that  it  is  com- 
$nit,  Anrl  albeit  that  such  u  counsel  may  im- 
;  the  critne  of  treason,  the  expression  itself 
Hg  lrt?asonablc,  yet  it  cannot  infer  art  irnd 
of  the    crime    of    rebellion,  when  tliat 
nefi  urjder  a  distinct  consideration  from  trea- 
table speeches, 
^\  5.  A«  to  ibe  qnaliHcations  of  art  and  part  in- 
erred  from  honiidin;^  out  and  ratihahitLont  tlte 
same  ure  no  ways  rdcvant,  and  such  i|naliflca- 
tiofis  can  only  iioptnt  aii  acces^iou  to  private 
crimen,  irliicb  are  committed  Ibr,  or  in  name 
of  any  (iers*m,  v,  g.   in  rcienge  uf  a  wrong 
dime  to  him,  but  not  at   all  in   public   crimes, 
H'hic-h  are  not  committed  in  c«uileinplation  of 
ttie   party    ivho  hounds  out   ratihahites.     And 
^^erefore  lawii-ps  are  generally  of  opinion,  that 
Ip^h  hounding  ont^  or  ratthabttion,  does  only 
BUte  [dace  in  such  crtmefct  *  ubi  verlitur  in 

•  teresse  privatum^  vel  vindictum  privatum.' 

6,  The  libel  is  not  relevant  in  these  terms* 
thai  the  pannel  spoke  the  words  libelled,  nr 
mm€  such  like  words  to  that  purpose,  becausp, 

*  JH  cdminibua  non  licet  vagari,'  and  all  c ri- 


ll. l6S4,— S«V  Hugh  Camphll         [938 

minal  libels  ought  to  be  clear  and  distinct,  and 
especially  as  appears  fnnn  Damhudurius,  i'rax. 
Crim.  Cap.  30,  Num.  4.  where  be  says.  That 

*  omnes  tibellos  criminarios  ofMirtet  esse  cLaris- 

*  simos,  and  that  they  ought  tt>  express  *  onint* 

*  crimiuLS  perpetniti  r^ualitates/  VV  herein  also 
Bartolns  and  other  lawiers  u[K>n  the  Lex  3. 
Dig.  deaceusationihns,  do  agree  with  him.  And 
ae«tii^  the  specilic  form  of  this  crime  consists- J 
in  wMs,  it  19  necessary  that  the  same  should  be 
(■xprest,  ^  nee  enim  accusata,  cum  existhnatione 

*  ahcnte  jactura:  et  discrimine  vagan.  Dig.  de 

*  rei  vind/  And  by  such  a  way  of  libelling  Ujc 
pannel  should  be  prejudged  of  bis  defences  ; 
for  if  the  words  whifh  are  to  be  such  hke, 
were  libelled,  he  would  make  it  appear  that 
they  are  not  words  to  the  same  purpose,  and 
that  they  cannot  import  the  crime  of  treasiin^ 
which  can  only  be  inferred  from  clear  and  li- 
i|uid  expressions,  and  thereupon  he  \vou1d  ob- 
tain an  interlocutor  from  the  lords  of  jnsli- 
ciary  as  to  the  relevancy  ;  and  it  were  a  dan- 
gerous prepamtive,  shouhl  points  be  remilttcd 
to  an  assize  :  And  if  this  should  hold,  then 
his  Majesty^s  ad? ocate  needed  not  to  libel  ajiy  , 
further  than  that  the  jMirty  were  guilty  oif 
treason  by  giring  counsel  to  reljela  in  gentra)^ 
which  were  most  daugeroas  and  absurd. 

As  to  that  quni ideation  of  (he  libel,  that  tlie 
defender  ought  to  have  apprchL-ndcd  tlie  rebels^ 
conform  to  lit  act,  V2  pari-  king  Jam.  vi,  the 
same  is  not  relevant  to  infer  the  conclusion  ot 
the  libel.  For  it  is  evident  that  the  act  of  par- 
liunieot  could  only  take  place  when  the  country 
is  peaceabtef  but  not  when  armies  are  in  tb<» 
fields,  for  *  inter  arma  silent  leges,*  and  it 
would  not  be  expected  that  any  private  gentle- 
man should,  by  seizing  upon  the  rebels,  ex|>osi» 
himself  to  the  fury  of  a  standing  army,  ami 
'  qme  vis  excusat  a  erimine,'  vi^ich  consists  1 
only  in  negligence  *  et  non  facientlo,* 

It  hkewisealle4lgedj  that  tht  defender  cannol 
be   called  in  c|uestton  from  the  crime  arising  ^ 
from  the  words  libelleil,  in  resjtect  the  smne  are  < 
libelled  to  be  prior  to  his  Majesty's  act  of  in-  I 
demniiy,  which  ought  to  be  inviolably  observ- 
ed :  For.  i.  Amnesties  and  acts  of  indemnity  , 
and  oblivion^  after  countries  have  been  nniver- 
sally  engaged  in  crimes,  4o  become  the  !^]agnm 
Cbarta  and  fundamental  security  of  the  hegi'S^ 
as  to  their  lives,  fortunes  and  posteriiy.     Anj 
theretbrc  all  judges  ought  to  be  tender  thereof^  ,1 
and  ratlier  to  extend  nor  straiten  the   same  by 
their  decision  and  intepretatiou  thereof. 

2.  It  is  the  pubhc  interest  of  the  king  and 
nation,  that  such  public  indemnity  should  take 
full  effect,  seeing  the  same  bears  to  be  made  \ 
for  removing  all   fears  and  jealonsiL'S  of  the  ' 
people,  which  do  expose  t!iem  to  commit  new*  \ 
crime?i,  and  the  least  violating  of,  or  impinginq^  I 
upon  the  very  borders  of  such    indemnities,  f 
doth  again  open  a  way  for  new   fears  and  jen-  I 
lousies,  no  man  knowing  but  what  is  anotltcr 
man*s  case  this  day,  may  be  hi*  to  morrow  | 
and  the  interpretation  of  such  indemnities  be- 
ing drawn  from   grounds  of  law,  the  people 
cannot  know  how  tiir  they  may  be  overtokeft 


93Sf]         STATX  TRlALSi  36  CHAittRS  XL  leu.^PrmuUtigs  mgMm§t        [9 

dcbau*^  resoUes  otilj  to  Uke  notice  of  i 

four  poinU, 

t.  Tlist  ilie  irords  ^ipokcn  nrc  Ireoftoo* 
2.  Tlial  Uie  roiivc»i«iig:  in  llicsc  terius^ifii 

inlercottiQiiiDinc;  uiiU  ttoU^iir  nnd   open  iri 


berehy,  ami  therefore  may  relum  to  diwr 
E»rmer  npprehensiont  ;  the  consequencfis 
¥  hereof  ina^  cojiie  to  he  ic.ry  flaiigeroui;  for 
be  n^ari;  and  c^uirt  of  the  kiu^om  And  it 
|bas  been  the  prudence  and  pulicy  of  {hm  and 


nllicr  naition^,  Muii  when  chmes  did  abound  |  tors,  whom  be  knew  to  be  sucli  fnim  ibe 


nd  spread  as  a  contagion*   indemnities  vrere 
iiuted  in  iitnplc   (ciius,  and  WQSt  punctually 
pbserved. 

3.  Alt  pardons  a; id  graccfi  of  tbdr  n\yi  na- 

ure  &!*€  [avounible,  and  urc  in  be  extended, 

trtd  crownti  are  pre&erred  hy  mercy  36  ivell  as 

|usticc ;  fur,  an  Sfdomon  su\  s»   Frov.  xx.  28. 

Mercy  and  truth  preserve  llip  kiut^^  and  his 

^  throne  is  upholden  by  mercy.*     And  it  is  the 


July  of  the  Jndgeii,  iniiohibty  to  nreserire  in  the    nations,  rebellion,  i 


sons  Hu»m*i€lvcs, 

3.  Tbat  these  w^rds  arc  rderantjy  lib 
cjTioad  time  and  plac€,  and  there  is  ua  p\»iB 
alibi  hH"e. 

4.  'I'hat  the  word»  and  conterse  beipgf  I 
sonable,  are  [\ol  taken  olT  by  the  act  of  ii 
nity. 

As  to  the  first,  it  is  undcniahle,  thai,  to  iJ- 
Tis^  people  to  rebel  Ii"*   "^    ^^\    *^^**  I  •«■  '-f  ^'1 


ninds  of  bis  people^  a  &ens«;  f»f  his  rnajesty^ff 
odnc^^,  in  Siccnrio;^  to  tbein  tbese  universal 
1  pubhc  pardons^  for  *■  nulla  dote^  nuUo  gc- 
^  Here  Tirtntis  mortalitas  propius  accedit  ad  di- 
Wintc  naturicMmtlimdinenj,  f^uam  misiTeudo 
'  humanie  irnbecillitati,  ignotscendo  erroribns, 
^  et  injurias  obiiTiscendo.^  And  ttiere  was  never 
any  kiny;  iu  the  world  that  has  ^ren  greater 
demonstrations  of  private  bounty  andctemeney 
to  his  subject^  than  his  soi^red  rna^ty,  and 
therefore  the  indemnity  being  tiiited  to  his  ma> 
jesty's  own  i-egal  leuiper  and  di<< position,  ii 
ought  not  to  be  sttmitened,  but  rather  enlarg'ed, 
if  need  were,  by  a  rational  interpretaUou. 

4to.  llis  m;\iesty  halh  deelareil  his  eni^ca 
Toluntas,  that  the  to  refold  indemnity  tthould  be 
internn^ted  with  all  poH^ible  latitude  and  favour, 
and  hath  commanded  his  judg^  to  do  the 
eame  upon  no  tes!»  certification,  tliau  tlte  high- 
^  ppfii,  which  detniitistrates,  haw  serious  his 
III  '  all  lieen,  that  all  the  imperfections  of 

I-  ^  should  be  eovereilj  and  that  nothing 

mi- III  rruiain  which  might  give  them  the  least 
jeaiuusy  in  time  coming. 

6to.  lly  the  iCth  act,  7  Pari.  K,  Jam.  1,  it 
is  exnressly  ordained,  *  That  no  man  interpret 
'  the  king's  statutes  otherwise  than  the  statutes 

*  bear,  and  to  the  intent  and  etfect  they  were 
**  made  for,  and  as  the  maker  of  them  under- 

*  stood,  and  vrhoso  does  in  the  contrary,  to  be 

*  punished  at  the  king*s  will.'  And  this  act  of 
indemnity  being  one  df  his  majesty^s  statutes 
and  proclamations,  whereto  the  peace  and  se- 
curity of  the  kingdom  is  liighly  concerned, 
ihe  sense  and  extent  ihei'eof  ought  not  to  he 
wreated  and  inverted  contrary  to  his  majcsty^s 
meaning  and  die  propriety  of  the  words  ;  and 

I  majesty  having  expressly  indemnified  atl 
ooable  sjM^eehciJ  and  adrices  contrary  to 
,  unitn  ivliirli  general,  the  worfU  men- 
tioned in  tli  rii  iire  genuinly  and  na- 
turally coi!  -  1;  for  it  is  evident*  that 
the  general  nuttun  ol  treasonable  discourse  doth 
eom|fr«head  the  saxnc* 

KmG^s  Adtocate^s  Answers. 

Uis  Majesty's  Advocate  craves  Icaye  to  de- 
part, thai  he  is  very  much  astonished  to  hear, 
that,  by  our  law,  it  is  not  treason  to  bound  out 
jaen  te  rcbeUion,  and  tbereforei  to  shorteo  Ibe 


only  in  words,  a^  all  _ 

though  there  be  no  particular  act  of  pirjji 
mcnt,  dec  bring  the  ad  fisiitg  tti  ri«5P  m  rrli  l^  r 
(o  be  treason,  yet  all  acts  of  \- 
deckre  any  crime  to  be  prnmli 
more  punishable  by  Uvasou,  do,  hy  aii  iui4liib> 
and  necessary  cooseijuetice,  declare  the  id* 
vising  that  crime,  or  tnat  f  treason,  lo 

bo  punishable  as  the  crini  ^d  a  speeifti 

law  wete  needless  i  and  \mhi  us  particuiirijf, 
art  and  part  of  tre^ison  is  treason  by  stutuUf. 
and  counsel  atid  to  udvise>  is  tiie  ht^lieiU 
(qualification  of  art  atid  part,  because  it  prt$ 
life,  and  courage,  and  being  to  the  crime :  not 
can  it  be  deniwl,  that  if  the  doctrine  uf  tli» 
defence  \vcre  sustained,  any  raati  tniglit  n 
present  go  up  .ind  down  the  whole  wcsl*  ao4 
invite  and  hound  out  to  a  relieUioo,  ami  m\m 
can  doubt  but  he  would  be  highly  - 
rebellion,  who  did  tfius  raise  a  rub. 
advice  certainly  is  far  more   ■'  lu^a 

action,   and  so   sliotild  he  in  ^Mt, 

,  Nor  can  it  be  denied,  but  if  theu  \^  •  -  - 

f  Cesnock,  the  pannel,  did  more  c* 

'  the  rebellion,  than  these  pitiful  cit^ -  -^ 

advised,  his  prudence,   influence  and  inli^ctf 
I  beinjf  extraordinarily  greater  tlian  thfir  nnlotiJ 
<  could  ha\e  been.     Likeas  it  is  as   > 
that,  by  the  Roman  law,  advice 
(esc -majesty,  were  lese-majesty,  tuju^  vyitfif 
consilio,  et  L.  1,  sect.  1,  d.  L.  Jtd,  ^fjtjfst.  vd 
the  seventh  law  cited  doth   ^  > 
itself,  making  words  to  be  pu; 
son,    *  si  tale  sit  delictum  q 
^  legis  descendit,'  as  with  us 
where  it  is  *  ad  exempluiri  1 
the   words  being   of  grt 
of  extraordinary  evil  cxauj^m. 
that  law,  light  and  unadvised 
ing  from  petulance  and  «  vu. 
are  tlie  very  wonls  ^ 
riiy  covered,  by  the  ^     . 
pity,  or  pardon;  yet 

*  semper  subest  rnnu-n. 

*  venia'butia  tl 
is  nonlace  for  i; 
the  aavicc,  and  Lht^ 
stance  shew  thai  t)i 
and  advised  words  i  lor 
advised,  than  ^riously  t<i 
people  whom  he  knew  hi:  vuu 


STATE  TRIALS,  36  C»ari.ei  H.  1684.— Sr  Hugh  CampheH.         [948 


icpCAted  exfki'^^iont,  all  letiJiofT  to  ilie 
'  ncl,  *  incuicattone  et  geminatione  ver* 
?  anrf  what  could  be  more  tnalirioiis 
upbraid  them  for  leaving  a  rebellion, 
iie  iiatpful  n.ime  of  Runaways  ;  and  not 
Idvisvtbem  to  return  to  an  op^n  andm09t 
|nis  rcbcJliun,  but  to  encoiira^  tbem 
b,  by  [iromtsiug  tbem  help,  or  assistance, 
toers,  wbicb  sbev?  a  rooted  and  maliciouf 
kto  bave  that  rebellion  prosper  ?  Nor  are 

Kh  such  mysterious  expressions,  as  that 
untry  fe(lo\r  could  not  bin  necessarily 
Stand,  beiQsr  fitted  desi^eiUy  for  their 
ity,  nor  coutd  they  forget  them  as  loose 
littered  words,  being  a  sagfe,  a  desij^ned 
I  from  a  man,  whose  parts,  piety  and  in- 
they  admired.  And  what  man  alive 
ie  such  a  brute  as  to  forijet  the  most  rc- 
ble  tliiojr  tliey  ever  beard,  upon  the 
Remarkable  oceasion,  and  upon  st  point 
En  they  wera  «o  tnuch  concerned,  and 
I  they  could  not  but  lay  deeply  to  heart, 
Eink  oRen  upon,  because  it  concerned 
dl  tojrether  ?  And  so  they  would  remem- 
fe  another,  and  because  ft  was  to  be  the 
IlioQof  the  greatest  resolution  that  ever 
ntild  be  concerned  in.  As  to  the  gene- 
'  objected  against,  of  some  such  words, 
jesty's  advocate  craves  leave  to  say,  that 
nee  was  never  iu  more  cxpUcite  and  spe- 
thns  libelled  ;  ^nd  in  whatever  terms  an 
t  be  t^ven,  it  is  sliU  an  advice  to  rebel, 
'  an  and  part  of  rebellion  ;  nor  seeks  be 
titade  in  his  libelling  the  words,  further 
|at  be  said,  they  should  have  oflficers,  or 
irsome  expression  of  help  :  and  it  cannot 
itedf  but  if  one  man  should  say,  they 
getbelp»  or  another  that  they  should  be 
I  yet  all  these  are  the  same  expressions, 
e  same  advice,  and  the  words  are  the 
Id  be  believed,  that  they  are  not  expressly 
pie,  beini|  to  the  same  purpose^  and  as  to 
r  opponeii  his  libel. 

\  as  to  the  second  point,  it  is  undeniable 
Us  is  not  an  accidental  meetings  with  re- 
but it  is  an  intercom  muni  ng  with  them 
he  rebellion,  and  upon  encouragements 
1^,  and  though  they  were  not  denounced, 
I  knew  them  more  to  be  rebels,  than  be 
bave  kfiown  them  by  their  denunciation  j 
ty  themselveiJ  told  him  they  had  come 
ftie  rebellion,  and  they  were  only  going 
'ify  seek  clean  <:lothes,  which  was  an  ac- 
ledgment  that  they  were  yet  in  the  re- 
I,  and  a  part  thereof;  and  thl*<  h  fnr 
IK  than  ilonkbiid*»  ctsf,  a^ 
^  who  have  bej'U  *x»ndemneil  f<»; 
I  '  ^,  ■  ■    I  , 


it  beinip  ttndcniable,  that  if  I  he  kinf*'«  wttncssei 
^rf>ve  thai  C;e*oock*s  was  in  sudi  a  phice  at 
«neh  a  time,  ^poke  such  words  to  such  men ; 
but  if  Cesnoc!k's  witnesses  prove  that  Cesnocic 
was  not  thtiT,  certainly  cither  of  the  two  wit^-j 
nesses  mun  be  gniliy  of  perjury,  the  fact  Uv^ 
bag   ct<}trly  libelled*  to  have  been  evprcssly  I 
done,   and  therefore  our  law  has  justly  al»»  j 
iiorred,  as  well  as  rejected  such  defences  ami 
ace  contrary  to  the  lilw*!,  and  a<?,  amonjTit  many  1 
other  instances,  was  expressly  w>  decided  in  tli#1 
case  of  Mr.  William  Sonjerwel,  and  in  the  caaej 
of  IVrLeod,  and  M'Niel  of  Bara,  m  which  case  J 
aiibi  of  five  miles  disttance  wits  repdicd :  andi 
albeit  a/i7>i  may  be  sometimes  admitteil,  whei«| 
it  is  consistent  Tvith  the  libel,  as  where  the  J 
deed  is  not  very  specifidy  bbelled  ;  )et  in  thttf] 
ctLse^  where  tte  fact  is  speciftely  and  clearly  I 
libelled  to  have  been  expressly  doiio,  and  thai  j 
the  witnesses  knew  the  panntds,  and  tliat  thereJ 
IS  no  imp-Ofisibility  in  the  tiling ;  as  for  instanc€ 
if  Cesnock  should  have  proven  himself  to  ban 
been  for  six  months  both  by  sea,  and  after, 
London  or  Paris,  and  sliould  have  proven  tt 
by  witnesses,  beyond  all  exception,  the  ju« 
tice^  naight,  ea  casu,  possibly  prefer  him  to  tb 
probation  uf  his  aliift,  because  of  the  incon 
aistency  and  imposiibihty  of  the  thing:  yet  HJ 
were  most  absurd,  and  of  very  irreparable  cob«] 
sequence,  to  admit  Cesnock  to  prove  an  uliAiM 
of  half  a  mile,   and   by  his  own  friends,  te-1 
nanta  and  servants,  for  he  might,  in  few  ml 
nuies,  have  gone  to  that  town  without  obse 
vation  j  and  is  it  not  much  more  equitable, 
well  as  legal,  to  believe  three  witnesses,  wh 
must  be  eternally  damned  for  no  advantage^l 
and  living  in  a  couniry  to  which  it  will  be  ini 
possible  to  return,  if  "^the  tiling  be  false,  tha 
the  kird's  own  teoeots  and  servants,  who,  be 
sides  the  ganorat  kindness,  are  of  one  sect,  tht 
think  there  is  no  sin  to  bring  olf  their  owa 
frietkds,  as  is  to  be  aeen  in  vory  pal|>able  in-  ^ 
stances?  And  by  the  nature  of  our  assizes  of" 
error,  it  is  clear,  that  our  law  L*elieves,  that 
u>en  are  much  more  inc lined  to  a«soilc  than  to 
condemn ;  nor  shall  ever  the  king  prove  the 
treason,  or  any  cUnned   man  may  be  proved 
criminal  if  this  kind  of  »6*6t  be  sustained,  and 
ibr  iliit  ivin.;.^  no  evidences  arc  received  and 
swoi  the  ktnQ- in  Hngland. 

A^  1  of  fndeiiinity,  the  act  itself  is 

opptjned.  111?  whole  sco|hj  will  shew, 

*h.tt  thcr  1^  to  ^iPTureby  it,  fanatic 

!v  the  poor  and 

fore  h»s  rnnjesty 

•rs  Bod 

But 
And 


JHS]         STATE  TRIALS,  3d  Ca a rlks  11,  l6%4.^Pr&cetdings  4igBim$i 


ritor  would  bs?e  befn  guilty,  thmig^h  con- 
trihuting  far  less.  As  al^o,  aecctntiii^  to  thii 
his  promise  aucl  cticouraij^emmit,  liie  pantiel  diit 
«end,  or  »t  least  cuanire  at  a  ifreiii  tuany  of  his  I 


-teaants  acid  servants  ^oing  to  tlic  rf^ellion, 
and,  as  a  sign  of  bis  atf'etiiun,  did  .^uiTvr  them 
peaceably  to  live  upon  bis  (frf»ufid,  after  their 
return  from  ll>e  tf b^^Hioii :  nor  is  his  niaji^ty's 
atlvocate  nesolvet!  to  debute  tliis  reset,  as  he 
itiighif  to  be,  per  «#-,  the  crime  of  treason  arid 
'  elhon,  being"  res4dved  iierf  only  far  to  ujo  it 
(  an  big-h  aeKi*!&^>tti«tn  BnA  «|tiHlitir.«ition  ofhiv 
liarirtgf  coiitribnted  toward  the  9Uere«f$  aud  en- 
courag'eiTient  of  that  reJielUon;  for  tboug-h  a 
ooMevuan  or  gettUeman,  wb<'  lived  in  a  t'ouii- 
try  disrtant  from  bis  tencints,  oi  heiojf  amon^t 
Ihem,  meihlled  a  liltle  with  tbem,  mii^hl  pre- 
tend some  favourable  constructioo  for  bis  ig- 
norance, oversin^bt,  or  connivance;  yet  Ces- 
nock  having"  promised  encouragement,  and  be- 
in|jf  bim^eltf  and  for  many  years,  founded  upon 
the  principles  ofself- defence,  whereupon  Both- 
wel  bridge  was  built,  and  having  gone  alongst, 
in  the  last  age,  in  far  more  open  and  itaogerous 
opposition  to  the  king's  authority  than  Both- 
weUbridgvwas,  and  hating  very  many  tenants 
tmongst  whom  he  conversed  every  day,  being 
a  diligent  and  knowing  man,  it  is  impossible 
for  any  man  of  common  sense  to  understand 
bow  any  man  of  his  intelligence  and  !^nse 
could  not  have  been  most  watchful  over  them, 
and  not  suspect,  having  so  much  interest  in 
these  tenants  and  servants,  whom  even  silly 
and  remote  straoger^  knew  to  Iiavc  l»een  in  the 
rebellion,  especially  seeing  so  notorious  sl  man 
ts  Mr.  Brown,  who,  though  he  was  not  his 
servant,  yet  frequented  his  house,  and  where- 
ever  he  lived,  Ccsoock  could  not  but  hear  that 
he  tvas  in  the  rebellion,  being  the  ken-speckled 
man  in  it,  and  hit  own  porter,  being  lM>rn  with- 
in a  mile  of  his  house,  in  his  own  land,  and 
notoriously  known  by  all  bis  own  servants,  to 
have  been  in  the  rebcllioD,  be  having  owned 
uriiTersally*  without  reserve  or  secrecy*  to  tbt 
whole  servants,  that  he  was  in  the  rebel f ion  i 
and  yet,  after  he  had  kept  biro  as  long  as  he 
0oulcf  agree  with  the  young  lady,  he  sent  biin 
awiiy  with  a  certificate  and  rctNtmniendation. 
All  wliicb  being  joined,  does  clear  that  that  h^ 
was  one  of  these  ringleading  contriving  he- 
ritors, who  is  excepted  by  the  Act  of  Indem- 
nity, especially  seeing,  writing  and  speaking  is 
Jiot  at  all  relative  to  rebellion,  but  to  misrtpre- 
aenttog  judicatories,  6cc.  The  citatifins  ad- 
duced by  the  ptnoers  procurators  are  not  an- 
swerttl,  because  his  majesty's  advocate  thinks 
ihem  only  places  common,  aud   ill  applied. 

The  Lorils  continue  this  criminal  action  and 
cause,  and  all  further  trial  therein  till  to- 
iMormw,  and  ordain  the  pannel  to  be  carried 
iMck  to  prison,  and  the  witnesses  and  assizers 
to  attend,  ylk  person  under  the  paio  of  lour 
kundred  inerks. 

After  hearing  of  these,  the  Court  adjouraeJ 
tiU  the  morrow,  when  tlie  FiUiid'6  Advocate i 
made  their  Duplies. 


tbc 


rcsi^fotK^s  Ljiwrcfts  Ot^t^ES*  Mmrtk  tSt  )€9lj 

Mr-  WalUr  Pringk^  for  the 
the  Defence  founded  upon  the  '  ^ 
when  the  pretended  t-xpressitMi 
to  have  been  spoken,   duplies^    ■  i 
Dtftnce  is   mo«t    relevant,    aoil 
dideil  by  the  Replies  ;  for  albt  it  tht-  T>f^f<  nt*'.. 
a  negation  of  the  Libel,  yet  it  i  ik^. 

*  taio,*  but  is  *  negativa,  cocrtn  .  f.  lea- 

*  pore,  qure   maxune  cad  it   sub    eeiistt  Iffiii, 
aud  sii^'li  negatives  are  perpetually 
in  all  cnimud  actions,  *  ad  prokM^nduni 

*  c£!itiatn  rei,'  according  to  the  unai 
optuion  of  all  lawyers  who  write  upon  the  sulb* 
jcct  of  crimes  ;  and  the  defence  tliat  C^nocfc 
was  at  home  in  his  ^  ]\  that  lUjr, 
that  the  persons  mt-  lie!  maty 
Ualstoun,  is  so  ciiv  ,^  <iim1  ctrtttM*i 
scribed  by  time  anil  that  it  is 
rally  impossible  be  i  .  c  met  with., 
at  Gslftoun-bridge  that  same  day,  ext 
absurd  of  "hilocalio  corporum*  were 
And  whereas  it  is  pretenifetl,  that  the 
is  never  sustained,  but  where  ttie  dis  _ 
the  place  is  such,  as  that  it  was  impossiMe 
party  could  be  present : 

It  is  dupticd,  tlu»t  this  pretence  i^ 
levant ;  for  albeit  the  diMancc  ot 
but  half  a  mile,  or  iinty  dtstiuct   n>«>m« 
tame  house,  yet  it  is  as  realty    aitbi^  as  tf 
distance  were  an  hundrefi  miles  ;  so  iliat 
ever  be  the  distance^  if  it  be  ck*arly  proi 
the  pannel,  by  famous  witness es^  that 
all  that  day  in  his  own  house,  it  is  a*  m 
im]K>ssibie  he  could  have   been    at 
bridge,  as  if  he  had  been  all  that  week  at 
Antftt  cannot  be  c^introverted,  hut  if  a  ti 
were  comtnitted  In  the  nex^t   rocmi,   and  tlolt 
person  in  another  room  of  the  snrar    b^stit 
should  be  accused  fur  it,  the  <  i  t/kJi 

would  be  sustained,  if  he  coul^i  .   «it< 

nesses,  that  he  went  not  out  ur 
all  that  day  when  the  murder  %\  i-   *  >riutjil 
the  witness^  being  present  ^lUt  hmi 
lime  ;  and  as  this  defence  is   unnu< 
relevant^  so  it  cannot  itt  pretiuitjeJ 
most  true,  it  being  well  known  that  C< 
a  most  circuniti^ct  person,    and    h>i 
stantly,  upon  alt  occasions,  d 
horrenoc  of  all  rebellious  coi 
always,  at  the  bar,  declur  n    i     '  t 

Gotl,  utKjQ    bis  solemn   ^  iiv  n'^ 

spoke  these  words,  nor  an  v  u  c.L»f>tuiil«  vtoeif 
to  that  purpose,  directly  or  indirectly,  to  lb* 
nor  any  other  persons  ;  and  if  he  were  of  tac^ 
wicke<{  princiiiles,  It  is  not  rational  to  imira, 
that  he  would  disown  them  upon  so  sowDii 
and  sacr«^  an  tmtb,  but  that  he  wouM  filhcr 
satisfy  himself  with  a  bare  denUl  i  eepiidilll 
when  he  knows  Im  oath  cannot  ahtolfe  hok 
and  consequently  tliere  was  nev^r  ETBltlf 
reason,  hi  any  case,  for  sustauilng  the  M^m 
of  alibis  than  in  this  case,  and  bis  mmjmkfi 
advocate  ought  to  condescend  u|ioo  th«  pMIP 
day  that  the  alledged  wotrda  were  apokes,  d 
kwyeri  being  poiitif e,  and  parUcuwH/  Ctffi' 


huil 


15]         STATE  TRIALS,  36  Charles  H.  ]6S4.^Sir  Hugh  CampML         [9-i6 


'ar.  3,  Qiuut.  103,  Num.  e^i,  Uiat  wlitn  the 
efeQce  ot'd/i&i  is  proponed,  the  ez^ircM  day, 
•hen  the  crime  vras  coaimitted,  must  be  rx- 
rest ;  and  be  asserts  this  as  the  coDimoD  opi- 
ioo,  *  a^ua  uequaquam  est  recedeudum,'  aud 
ites  many  of  tlMs  famous  lawiers,  as  Bavfcius, 
^AfiM,  Jason  and  Mascardus. 

A«to  the  Replies  atifainst  the  Defence  found- 
id  upon  the  act  of  indemnity,  it  is*  duplied, 
W  the  defence  is  iinanswerablv  clear:  for 
L  un,  it  cann<it  lie  controverted,  out  that  the 
Ittended  expressions,  mentioned  in  the  libel, 
irr  comprehended  in  clear  and  express  terms 
jnder  the  ^ereral  clause  f)f  the  act  of  indem- 

S,  whereby  in  express  wonls.all  persons  are 
mnitied,  who  havcspokcn,  written,  pr'mted, 
poUislied  aud  disperseil  any  traiteroiissvecches, 
w  bare  advise<l  any  thing  contrary  to  the  laws, 
vbich  clause  is  so  ciear  and  comprehenhive, 
that  it  is  impossible  to  suppose  any  case  where 
iraasQD  had  been  couimittctl,  either  by  tnuisient 
jfeecbes.  or  even  hy  a  tract  of  discourse,  or  by 
MMonable  council  or  advice,  but  the  same  will 
Ul  under  the  said  {{enei-al  cluu^e,  and  be  thcre- 
lj  indcinuifieil. 

2do.  The  exception,  in  the  said  act  of  in- 
iesnity,  uf  all  such  heritors  or  ministers  who 
me  been  in  the  late  rebellion,  or  were  con- 
irirm  thereof,  aud  such  heritors  as  have  con- 
triboted  thereto  any  levies  uf  men  or  money, 
on  Mver  be  stretched  to  deprive  Cesnock  of 
Ibe  (eaafit  of  the  indemnity  ;  because,  albeit 
tfae  eipiessions  libelled  were  true,  ar  they  are 
Ml,  it  IS  impossible  that  they  can  ever  infer  the 
irtcral  cases  whereupon  the  exception  is 
banded ;  for  it  is  neither  libelled,  nor  can  it 
lepratendeH,  that  Cesnock,  was  actually  in 
In  late  rebellion,  nor  vet  that  he  contritnitcd 
hficCo  by  tlie  levies  or  men  or  money,  but  on 
he  contrary  he  concurred,  to  the  utmost  of  his 
!r,  to  suppress  the  same,  and  did  always 
le  bia  aohorreucc  tht:reof,  ond  kept  liis 
I  and  arms  fnmi  being  taken  by  tlie  re- 
Ml.  And  aa  to  the  other  case  of  tlio  cxcep- 
fn,  whevebv  contrivers  are  excepted,  it  is  not 
with  any  propriety  of  words,  to  infer 
I  the  expressions  in  iho  )il)el,  ihul  (\'SLock 
maeootnver  of  the  rebellion,  because  the 
few  and  proper  sense  aud  meuninvr  oCciiiari- 
m,  ia  only  where  a  person  halh  i-nn;>:iiu  il  ;:iid 
SHnbined  with  the  riut^l^aders  to  viiise  the  rc- 
riEoD,  and  hath  laid  dow  n  melljods  for  tint 
Act,  which  cannot  in  the  Icahi  !)C  !ii!(  rn  tl 
hn  the  words  of  the  libel,  K(>t'in<;  th"  rcbirl- 
hm  was  contrived,  formed,  and  had  pK.ctf  del 
ia  great  hei<^lit,  before  the  pvvti  r.lt  (i  v\;^\\  s- 
iw  were  emitted  ;  and  thcrii'c  ;t,  ly  a  1".tc  :- 
iiy Mid  clear  conse«iueiicc,  can  never  lio  i:.i- 
'~  '  m1  to  have  l>een  contrived  by  iIilm-  \:vi  - 
subsequent  expressions,  whi  h  ((.in*! 
rbe  the  cause  oroccaiiinn  of  that  iv>iif:Jt 
jpifimnnriy  talcen  c^ect,  and  had  lH.'c.n  so 
Irwunlted  and  contrived,  as  to  brt  ak  cr.t  tf' 
before  llie  j»rcttnded  oxpres- 

if  understood  by  contrivers,  is 
'  ia  tkf  gubsequeut  words  of 


imthe 


JX^^ 


the  exception,  viz.  8uch  heritiirs  are  only  to 
l)e  understood  who  have  contributed  by  levioa 
of  men  or  m^nc^y  ;  ^vhieh  words  are  not  insert 
alternative,  but  copu!atire,  and  us  an  explana- 
tion of  the  word  contriver. 

4to.  If  reasonable  exprc»iions  relatinf;^.  to 
the  late  rebellion  be  so  interpret,  as  to  inter  a 
contrivance  thereof,  then  the  benefiiofthe  in- 
demnity, as  to  all  heritors  and  ministers,  will 
be  frustrated  in  every  case,  just  as  if  the  excep- 
tion had  been  alisolute  and  simple  without  any 
qualiticatious :  for  it  is  certain,  that  in  all  house 
and  field-conventicles,  the  ministers  did  not 
only  preach  in  downrijt^htttTms,  and  maintain- 
ed and  defended  the  horrid  princiulcs  of  rebel- 
lion against  his  sacred  majesty  aud  his  govern- 
ment, but  also,  in  direct  terms,  encouraged  aud 
incited  tlie  people  to  rise  iu  open  arms,  and  tlie 
rebellion  did  innuediately  follow  :  and  yet  tba 
lonis  of  justiciary  have  never  denied  the  be- 
nelit  uf  the  indemnity  to  any  siich  uiinibtcrB  or 
heritors  present  at  such  conventicles ;  so  that 
it  appears  evidently  that  treasonidile  preachings 
and  discourses,  alBeit  previous  to  the  rcbeliioo, 
never  have  been  interpn;t  to  infer  the  contri- 
vance mentioned  in  the  excepticMis,  and  far  less 
can  the  same  be  interntl  from  treasonable  ex- 
pression}*, emitted  after  the  contriving  and  ac- 
tual raisii&rr  of  the  rebellion.  And  if  such  ex- 
pressions sbould  he  stretched  to  infer  a  con- 
trivance, it  is  impossible  to  suppose  a  case 
where  an  heritor  or  minister  is  guilty  of  trai- 
terous  speeches  relating  to  the  late  rebellioQ, 
but  he  may  still  be  brought  under  the  compaai 
of  that  exception,  and  be  debarred  from  the 
l>enefit  of  the  indemnity,  because  it  may  be  al- 
ways pretended,  that  such  cxpi-eiaions  and 
treasonable  S|)eeche8,  if  previous  to  the  rebel- 
lion, did  encourage  thejpeople  to  rise  in  anaa, 
and  if  subsequent  to  the  rebellion,  that  tbej 
encouraged  the  people  to  continue,  and  intf  r 
a  ratihabition ;  so  that,  by  the^e  pretencea,  the 
exception  is  as  large  as  the  rule,  and  the  indem- 
nity will  prove  a  snare  to  all  heritors  and  mi- 
nisters who  had  just  reason,  by  the  general 
clause  of  the  indemnity,  and  the  express  words , 
to  look  upon  themselves  as  thereby  sefiured  from 
the  guilt  of  all  trea.souabIe  speechcsf  spoken^ 
written,  printed,  published,  or  *,  and  of 

all  counsel  and  advice  cxtntrary  to  the  lawsp 
uidessaclear  contrivance  of  the  rebellion  bj 
contriving  with  the  ringleaders  in  raising  there- 
of, and  contributing:  thereto  by  levies  of  men 
;  or  money,  were  made  out  against  them,  which 
'  is  noty   nur  cannot  he  pretended  against  the 
'  pannel. 

.V>  !>*.  the  common  laws  of  all  nations,  all  in* 
(iv  !;raii;- :;  aud  acts  of  oblivion  must  Ik*  tiivour- 
'ik',  and  largely  interpret  and  extended,  and 
111  I  u*(  <  !y  lii.iited  in  pritjudicc  of  the  persona 
V.  ho  claim  the  bi'netit  tl\iieof,so,  by  the  indcm- 
r/ity  itst* II',  all  his  r.n<T« '!  niai«'si\  \s  jutlgcs  are 
( '.[Hvs^ly  ei.niniuiMh*il  to  inlerjiret  the  *>am8 
/./ill  air  possible  l:/utiKio  and  fuyour,  as  they 
will  be  answerai)]o  U])(::i  tliiir  r;it;he^  peril ; 


TVU3I. 


3P 


*  This  blank  is  in  the  Record. 


I 


STATE  TRIALS,  36CuarlesIL  t6$U^Frocefdhg$  agahut 


» 


hi 


mnii  ifucli  daaseis  are  tisitaJ  iu  nil  his  maj^t^/'s 

mdemiiilies  and  acU  ufoblivtaiuos  ma^  api)tar 
by  tht  ifniemniti^  after  tiis  majcfciy**  lesuara- 
^oa;  whereby  tt  is  expressly  oHained^  that 
^Irery  clause  an<i  \vm\\  thereof'be  understood  in 
tile  most  fuvoumhle  senile  i he  expression  can 
bear;  mid  consequently  ihe  panne!  may  justly 
expect,  thai  the  lords  of  jusliciary  w8l  alloiv 
hina  the  lienelit  of  his  majesty's  gracious  par- 
don, will  Dot  Buffer  tlit?  genera)  word  in  the 
exception  of  contrivers,  to  be  inferred  from  the 
pretended  expressions  mentinncd  in  the  libel  ^ 
upon  nice  and  empty  debates  and  sli-c-tclies, 
contrary  to  the  trtie  meaning,  jniiM>rt  and  de- 
sign of  the  »aid  indemnity. 

6to.  Whereas  ii  is  pretended,  that  the  excep- 
tion does  comprehend  all  heritors  who  have 
bren  actually  in  the  re)jellion,  so  it  roay  com- 
preheisd  alf^mch  heritors  who  are  not  art  and 
pait  of  the  rebeirion^  or  are  acc(*ssory  thereto. 

It  is  answered,  that  the  alJedgance  ouj^iit  to 
be  rejielled,  because  the  exception  can  only  l>e 
undLrstOfxl  according  to  the  express  terras  and 
qual ideations  thereof,  viz.  That  such  heritors 
are  only  di  barrtd  who  have  been  in  the  late 
reMIiotj,  or  were  conti-ivers  thereof,  by  con- 
tfibuiing  thereto,  of  levying  of  men  or  money, 
and  art  and  part,  or  any  acccs*iion  to  the  re- 
bellion, othenvLse  than  according*  to  these  ex- 
press qualifications,  can  never  be  miderstoi»d  to 
lave  been  intended  or  mcanrd  by  the  excep- 
lion ;  for  then  the  exception  had  run  in  the^e 
express  terms,  viz,  that  all  heritora  or  miuifsters 
sbotild  be  excepte4l  who  were  in  the  late  rebel - 
Jton»  or  art  and  part  thereof,  wr  accessory  there- 
to ;  and  the  exception  not  hving  so  conceivctl » 
It  ou|j^ht  not  to  be  extended  beyond  the  precise 
quahtt cations  of  accession  therein  exprest,  es- 
pecially seeing  his  sacred  majesty  cotnmands 
All  his  judges  to  expone  this  iudcmniiy  with  all 
possible  latitude  and  favotir,  us  they  will  be 
answerable  upon  their  highest  peril:  and  to 
Btretch  and  extend  the  exception  to  all  the  va- 
riou«  cases  of  accession,  or  art  and  part,  would 
be  8o  fmr  from  interpreting  the  same  with  lati- 
lade  and  favour,  that,  upon  the  contrary,  the 
ioterpretation  would  be  rather  rig-omuii  and 
without  any  favour,  and  the  e\ce(>tioQ  would  be 
M  lar^e  hh  the  rale,  so  that  the  indemnity 
ihould  import  nothing'  as  to  heritorii  in  the  ease 
of  trea^touable  sjieeches,  albeit  all  persons, 
without  any  distinction,  are  fndtnim^e^t  r!>r 
apeakinif,  writinff,  printing,  publishing',  or  dis- 
persing any  traitcnnm  sjieeclies,  and  even  for 
^*ing^  counsel  and  a<h  ice  in  any  thing  contrary 
to  the  laws,  which  were  to  frusiti'ate  one  of  the 
greatest  ends  of  the  mdemnitj'. 

As  to  tilt  addilioiial  libel,  it  is  further  nlledg** 
ed.  That  tiie  same  cannot  be  sutttaiiied,  either 
•imple  or  as  an  aggravatioHi  because  there  is 
neither  year,  month,  nor  day  condescended 
unon,  in  which  the  crimes  libelled  are  alledg- 
ea  to  have  been  cooimitted,  and  the  year, 
ftnd  iQontb,  and  day  are  essential  in  all  criminal 
libels. 

Sir  John  Lmtdcr  for  the  pannel  replies  fur- 
Qlfrj  Thit  the  dd^nc^  statid  releraut,  not- 


I  withitanding  of  bis  majesty's  &dvbc«l«^  to* 
&wt*r*  And  quoad  the  iin»t,  that  the  wnd^ 
all  edged  uttered  by  the  pannel^  are  n«K  nik#4 
treasonable  e.vpressioDM,  but  are  art  and  paituf 
treason,  and  must  be  presumed  to  havet>ef9 
malicious  and  advised  epeecbc**.  For  tm6« 
This  were  to  confound  tlie  hmitsof  two  dtsiiBct 
s|#etne*  uf  the  crime  of  PerdueUion,  w  ott!«  Ui?. 
ing  for  their  form  and  essence  %jr»a 

rrniiswufm ,  w  hi  ch  a  re  1  iabte  to  n ;  ■  w/dil* 

ly  by  persons  of  no  breedin|i^  or  •  I  lOdS 

give  no  reminiscence  after  fire 
less  they  had  taken  notice  of  it  inMAutl 
redacted  it  unt<»  writiber ;  and  !«u  y^^rs  \ 
very  great  difference  betweeti 
their  own  nature  tend  to  the  t 
crime,   and  such  a>: 

*  sionem  latitmupnc! 
A..*....    ^l-itth.  upon  ' 

a  vcrj^  i! 
i...,...-.,:S0f  n-K  ,    .,.. 

of  I  he  army  ;  1?  r  pay  was  uotj 

tuallypaid*  he  Ii   fn?.*  tli^^ 

expression,  •Itisawondc 

*  tmy  not  ;*  which  btnn^  h 
the  coinpante*j,  a  sedition  itnuM 
the  camp  ;  and  yet  the  luwyer 
he  iii  not    *  perduellionis  reus, 

*  C4iusain  quaiu   occahionem   ^ 
'  judicandu?!  est/ 

As  to  that  part  of  bis  majesty *s  adu 
answer  on  the  1 26  Act,  12  par!.  \ing  ," 
that  he  needs  not  in  this  case  8ay»  that  tb«  pw^ 
tie«i  vtith  whom  Cesnock  is  alledg^cd  to  luff 
had  the  conferetn*e,  wevr  denouoc«^  rrbtb  if 
the  head  burgh  of  the  shire  where  they  iW, 
because  he  had  a  mor»*  cerlaio  ^jutid  of  kiiWP* 
ledge  out  of  their  own  muuth^  thau  any  ftnh 
denuQciation  ctiuM  have  given  hiin. 

It  14  diiplied,  'J*hat  tlieir  saying  tbey  caai 
from  Tolci  o^-park,  could  not  put  biot  in  mk 
fidt  to  look  upon  them  as  rebels^  because  ikfjf 
might  have  be<^n  there  by  restfuint,  or  ¥^n 
excii&ubte  occasion,  or  might  haTe  coiQt  vrn^ 
in  obedience  to  his  majesty's  prodatpatifA, 
commanding  sU  these  rebels  to  lay  demo  llk« 
arms. 

2do.  Where  the  law  has  0xed  upon  a  soifv* 
niiy,  such  a^  denunciation  at  tK  V  \  cioa^ 

iind  private  kno>*  ledge  does  not  >  wv& 

thereof,  as  we  see  in  the  case  ci    luumainwi, 
of  assignations,  and  many  oihers,  seeilig  *  id 

*  tantum  scimus  quod  dejure  «;'-;">-'c  • 

As  to  the  third  alleilg^nce  u  i 

deteuce  of  «/i64,  That  it  is  1 1  si: 
and  that  the  defence  con<^ 
inconsiderable,  that  it  docs  rH 

It  is  answered,  Tlial  in  msiny  ca- 
contrary  to  the  libel,  are  borli  n 
sustained.    As  for  instance,  w  1 
sued  super  homicidiopr^mcditci^ 
his  defence  upon  tne  late  aci   ot 
1^1,  aneut  casual  homicide  and 
self-defence,  yet  by  that  all  the  laws' ^ 
christian  world  is  allowed  to  be  received. 

Sdo.  There  is  a  propositio  artcma  vtriim 
That  Cesaock  was  ui  bis  owb  liouve  all  "' 
\ 


sdi 


STATE  TRIALS,  36  Ckables  IL  l6BA.^Sir  Hugh  CampML         [950 


I  Criwfocfl  ami  Intrrfaam  passed  by 
dfvof  G4ilstttUii,  nr  '    T^    ',      n  -  II    nre 
'y  rooted  in  i  ric 

on  Gnn  p>er5i»;.<^  .4^  ^-;  a,^  t^Liiiovy  : 
ilemoosinilion  is  c^Tiiinncd  by  uo 

»l  ngfl^  he  was 

^     al  no  great 

,  ♦  majus  €t  tniDiis 

IS  as  iiifnHiMy  Irue, 

ftoek,  if  lie  Wiii»  mU  tliai  (Uiy  in  his  ovvu 

not  at  GulsiouD  no  more  than  he 

lic^raildiMl  and  arf^ed  in  behiili'of 

il      '■''  '     «t  in  the  act  of  intlein- 
i(  die  iiiviolahle  laws  of  at) 

1  ^Ticratt  and  imio- 
ugenda/ without  a 
-.s»i,^  ,^i  ,jitt.$Ut»ning  such  se- 
jfvves  a  fatal  blow  ;  a^  if  Caligula  had 
*  h,  of  whom  Suctoniufi  in  ejus  vita, 
t  iitj  wished  tlie  whole  people  of 
but  one  head  and  one  necJi,  that  with 
kc  lie  might  strike  it  off:  and  many 
'  of  his  ruujpsty^s  loyal  deserving"  sub- 
i  io  Bouihern  and  western  shires, 
Id  that  case,  if  this  act  shall  not  be 
id'end  ;  and  it  were  a  strange  analogy 
,  timt  the  ret>eU4ous  and  seditious  lie  Id 
-)ies  shall  be  com* 
lid  a  lew  transient 
N  ailedged  atjfainst 
^  mnified.  As  for 
•  iiiiit  from  the  29  of 
'*fc|  of  Gods  knows,  and 
;  .,.]  if  we  lie  in  rHK-llion  this 
I  not  sa^e  us.  These  tivi^hruuds 
people,  that  every  hair  of  their 
a  man,  the  (p-o^s  of  the  field 
fnf  theni»  and  that  they  behoved 
irtli  tuid  help  the  I/jnl  again&t  their 
«>p|trcsiti>n( ;  and  yet  these,  which  can 
prtjhation,  are  certainly  pardoritU. 
!•  it  m  jifeieiHk'd»  tha;  C*esuock  falls 
^  ^  of  the  exeefjtion,  as  a  con- 
Li  r  of  levying  men  or  money. 
'  I 'Is,  except  ihey  te 

(i  sense,  *  eipro- 
iMunc  i'tandum  est,  nisi 
senstifi  y   and  ihc'it;  lit 
.  ,,   ..,  where  the  indemnify^ 
onJaintd  in  In;  txpUiued  with  all 
iuiiirnrio  ?L)fi>it^  the  excep' 
n  tills  iudeniniL^,  ought 
i:nl  prednetii^njAcation, 
uu  or  AtiiphlicAUon  ;  and  it  is, 
t  t^jtHuhut^  eriticlvs,  that  con- 
!  urcessioo,  which 
I    being-  ackiiow- 
'iMu  WHS  form- 
rt^ncounteft 
<    wjiritii   iIjc  terms  of 
,  and  craves  his  ma* 
vTMivi^arjie  for  maitiieuance 


I  next  Docuiofuit  aj^pcan  to  ba 


Sir  GEORaE  Lockuart's  Tbiplies  to  Cesfiock*«'| 
Advocates* 

Kr  Gtorge  Lockhart  for  the  pursuer,  doetj 

insist  upon  that  point  of  the  Hbcl,  that  the  pau*] 
nel  did  inlerconimune  and  converse  with  thai 
persons  condeiiceaded  upon  and  libelled,  who  I 
[md  been^  and  &tj]l  were  to  lie  considered  as  in  | 
the  state  of  rebeUion.     And  as  to  the  objection^  | 
that  they  were  not  denounced  at  the  iimvket-  , 
cr«iss  oi  dt«f  head  burgh  of  the  shii-e  of  tha  I 
fiame,  is  most  irrelevant,  b«cause,  albeit  alter  m] 
rebellion  is  soiiite  and  extinguished,  and  thai  | 
persons  v»ha  nad  been  engaged  in  the  itame^ 
did  puhlicly  converse,  and  go  up  and  down,  the  I 
Hci  of  pcirliament  mentipned  ni  thedefeiice,  may  I 
take  place  by  denunciation  at  the  market- crosi^  { 
to  proceed  to  put  persons  in  main  Ji fie ;  yet  it  il 
nhsurd  and  contrary  to  all  law  and  reason,  thai  1 
the  said  act  of  paiiiament  requires  any  sucll  j 
solemnity,  as  to  persons  engaged  in  an  actual 
state  of  rebellion,  il  being  strange  to  suppose  or  { 
imagine,  that   bis  majesty's   subjects    might  { 
converse  with  rebelLs  actuiijly  engaged  in  armsa  w 
or  that  it  were  a  possible  cmie  to  use  the  solem* 
nities  of  denunciations  ai  a  market *cross  againal  j 
a  concourse  and  combinatioa  of  execnibfe  re* 
bells,  before  they  were  dissipated,  or  the  rebeU  | 
lion  extinguished,  I 

2do.  liie  pursuer  does  also  insist  upon  th#j 
libel,  as  founded  upon  the  words  and  expre9*| 
sions  condescended  upon,  as  being  treasonablal 
in  the  highest  de&cree,  and  a  downright  aocea*  j 
sioti  to  the  rebellion,  it   Ix'ing  certain  by  th« 
contmon  principles  of  all  law,  that  *  mandLLiic 
^  vel  consulens  delictum,  tcnetur  ad  pceuam  or« 
*  dinariam  delicti,'  as  being  the  spring,  rise,  an4 
source  of  the  samt; ;  and  the  words  lil)ellod,  do 
dtteitly  import  a  counsel  and  advice  to  iba 
pcriionti  condescended  upon,  to  rttum  to  tha  | 
rebels,   and   the  reasons  and   motives  conde* 
^cended  u{)Ou,  that  they  would  not  want  help 
or  officers,  were  caually   treason.     And  as  to 
tlie  objection  niadt?,  that  ii  was  nudum  conMum^ 
and  there  was  no  instruction,  ami  albeit  tho 
words  should  import  the  crime  of  treason,  yet 
not  an  acceiisiou  to  the  rebellion. 

It  is  answi>retl.  The  words,  and  expressions 
libelled,  are  a  clear,  evident  and  plaiu  advice^ 
that  are  not  capable  of  any  benign  sense  or  iu« 
terpretation  :  And  the  pursuers  tfo  not  under* 
stand  what  is  meant  by  in i>t ruction  ;  for  thert 
was  no  necessity  to  condc&ci^nd  upon  the  par* 
tirrabr  way  and  method,  how  they  were  to  re- 
turn and  serve  in  the  rebellion :  But  the  words 
contain  more  than  the  law  requires:  for  tiiey 
not  only  contain  a  counsel  and  advice,  but  con* 
descend  ujKin  motives  and  reasons,  which  arO 
the  highest  and  moikt  i*ational  instructions  tor 
enforcing  of  counsel,  ntit  only  from  ihe  autbo* 
rity  and  intluence  of  tlie  person  goer^  in  e^preaa* 
ifig  his  dislike  with  their  couiiifg  from  the  re- 
beis,  but  hImj  contajning  a  motive  and  reason  of 
thturencourt"'^  ■-"• '  that  they  would  not  waul 
help,  or  be  ah  otlicerB, 

And  as  lu  ,  -  ,  ^  ^oce  that  Uie  words  aro 
ireakonable,  yci  Ihey  import  no  acc«i«ioo  t4 


f)5IJ        &TAT£  TRIALS,  36  Chari.bs  1L  l6S4.^Pr0ceeiing$  ogMhmt        [9SB 

the  rebellion.     It  is  answerpd,  Tli»t  all  coun- 
sels and  advicfs  import  and  ussuiik;  ibc  nature 


of  that  crime  to  whiiii  the  couitsel  and  advice 
is  given.  As  lor  C'\anii*)e,  a  counsel  and  advice 
to  conmiit  murder,  is  an  accf^ssioii  to  iiiiinler, 
ond  justsio  in  tlicerimr  '«»  tt:i.»ft,  and  all  other 
crimeH,  and  a  counsel  ami  advice  to  joyn  with, 
or  retDrii  to  rebels,  is  directly  an  accession  to 
the  rebellion,  the  action  itself,  and  the  counsel 
to  which  it  relates,  being*  in  all  cases  one  and 
the  same  crime. 

And  as  to  that  objection  ai^ainst  the  relevancy 
of  Uie  libel,  that  the  uords  condescended  upon 
bear  that  expression,  or  such  like,  and  that 
'  non  licet  vagari  in  criiniuHlibus.' 

It  is  answered  :  The  objection  is  frivolous, 
And  the  libel  U-ing-  s;»eoial  as  to  the  words,  there 
b  no  generality  or  uncci  tainty  as  to  that  chiusc, 
or  such  like,  bicause  it  cannot  admit  of  any 
Tariatxon  which  is  material,  or  can  alter  the 
flense  or  import  of  the  words  libelled ;  and 
whatever  defences  can  be  coinfietent  to  the 
pnunel  for  taking;  off  the  wonis  libelled,  will  no 
less  militate  against  any  words  or  expressions 
which  arc  ei]uivalent ;  and  it  is  a  rare  conceit 
to  imagine,  that  if  the  witnesses  to  be  adduced 
to  pfove  the  libel j  should  vary  in  expressions 
-not  material,  that  thei-efore  the  libel  were  not 
relevant,  or  mcto  not  proven. 

Asto  that  allmlgancc,  that  the  pannel  was 
al'-biy  and  was  in  his  own  house  at  Cesnock  at 
tlie  lime,  when  the  witnesses  can  be  able  to 
pn'VP  the  words  libelled,  and  that  the  pui'suer 
outfht  til  condescend  upon  the  day,  to  the  effect 
the  defence  of  a/ihi  may  be  competent. 

It  is  answcri'd,  1.  That  this  objection  is  con- 
trary to  !aw,  and  there  cannot  he  a  more  dun  - 
gcrous  \>rcpaiiitive  to  liis  majesty's  interest, 
and  wlteiuupoa  the  greatest  of  criminals  and 
nialclHctors  nii^ht  escape:  For  1.  both  the 
conmion  law,  and  the  laws  of  this  kingdotn, 
and  the  in^iu'nble  practick  of  the  court  m  cii- 
minal  libels,  there  needs  no  more  condescend- 
ence than  the  year  and  month,  and  as  to  winVh 
the  law  is  clear  and  iK>silive,  in  that  title  -.vncre 
the  same  is  cv prof h}>o  imdcr  eousideraiion.,  vi::. 

*  Digest  do  accii/.  el  inscri|)t.  I-ieg  ;J.'  wh-jre 
the  wonis  arc,  '  libeilonim  iuscripuoiils  enn- 
'  ceptio  talis  est.     Lucius  iiitmrsirs  est 

*  se  mcmiuiss",  Leg.  Jul.  de  AthOt,  reaii:  de- 

*  fern  ipuHl  dn  at  eaTU  cum  (Javio  St»viy  in  »m- 
«  viip.te  ilia,  iNiino  illins,  rsense  illo,  roiisuiihits 
«  illis,  \:c  'an  '  ayain,  *  ne.iJ'.e  untcni  dienj  nwjue 

*  liorani  iip.  iUis    onipneheiidit.' 

2.  Jt  is  tlu  u'lifiion  o)Hi;i»n  of  ull  lawiers, 
paiticn':  H\  (\n,'s,  in  that  Title  *  qiiuiiter 
«  foil*  etuf  aceu^r.tifi,*  where  he  states  tiie(pies- 
tion,  ami  dues  p:silivcly  i"esolve  in  these  words, 

*  Si  v.'r«>  liJCiiiui  a^it  tk-lictuni  our.i  :cini»i*re  est 
«  jiunii  lie'  *  dies  et  hora  comir.is.si  ci  i- 
«  minis  i;i»n  deiiet  pnni  nee  inscii  in  libellu,  ncc 
«  proUire,  irii:>  per  lioc  niniiscoaretaretnr  ae- 

*  cusaior,  <  I  .  lioeit  i  in  grave  dnmnuin  n  ipuh- 
« licij*.'  .And  a;,'aiii  he  says  in  the  same  place 
m  e\i  ress  wonIs,  *  imo  qued  accusator,  etiam 

*  aionitus  ct  rcquiss'iuw  ah  advcraario,  non  tene- 

*  tur  iMHiiTC  diem,  nee  horum  eonimisii  crimi- 


*  nis,  nee  judex  pomit  eum  ad  hoe  oompdleit  ;* 
and  of  the  same  opinion  is  Julius  Cteroi, 
Quoest.  IS,  Num.  13,  Farin  and  others. 

!  3.  How  is  it  possible  it  can  be  otherwise? 
'  for  supiKNse  that  the  witnesses  to  be  sddaced  bf 
i  the  pursuer  shall  prt>ve  positively  the  eriae, 
>  anu  the  pemon  who  commits  the  same,  and  the 
circumstances  in  which  it  was  coRimittcd,  eu 
there  be  no  contrary  probation  allowed,  cither 
directly,  or  by  inference,  to  take  off  the  force 
of  that  probation  ?  which  were  just  to  alloir 
witnesses  to  depone '  contra  dictum  testioD:' 
But  as  the  point  is  clear  in  the  general,  so  tfaone 
is  no  necessity  to  enbirgc  niion  thb  debate,  as 
to  this  special  case,  in  reenrd  the  aiibi  eonde- 
sccuded  ujion,  viz.  tliat  toe  pannel  was  at  fait 
hotise  in  the  town  of  Galstouo,  about  half  a 
mile  distant  from  the  place  condescended  apos 
and  libelled,  by  no  taw  was  ever  admitial, 
either  *  in  judicio  civili  aiit  crimjnali;'  and  the 
reason  is  clear  and  undeniable,  in  res^iect  it  ■ 
possible  in  such  a  circumstantiate  a/i^',  thA 
the  pannel  might  have  been  guilty  of  the  wurdi 
libelled,  and  might  have  hud  opportunity*  of 
meeting  with  the  witnesses,  specially  theic 
being  lio  qualifications  condescendeil  upoa  to 
enforce  the  alibi,  as  that  he  was  *  detensos  in 

*  carcere,'  or  ajfijms  Iccto,  but  does  ackawplfd^ge 
to  be  in  periect  health,  going  up  and  down 
doing  his  affairs,  aitd  so  is  a  case  toio  oeb  dif- 
ferent from  an  alibi  so  circumstantiate  »d 
quahfied  by  reason  of  the  distanoe,  that  thnt 
was  impotiibiiites  nalura.  And  as  to  that  al- 
ledgauce,  that  the  |ranncl  has  the  benefit  of  hii 
majesty's  indemnity,  which  extends  to  all  trau 
sonsble  speeches,  and  to  be  iiiierpret,  in  the 
greatest  latitude,  and  most  benignly  and  fk- 
vourably. 

;  It  is  answeretl,  1.  That  the  act  of  indemnity 
I  is  Ojiponcd  ;  for  first,  it  is  clear  by  the  act  it- 
;  self.  It  is  not  a' simple  indemnity,  but  contains 
the  exeepiions  tin  rein  mentione<l,  and  therdore 
niiist  ]je  congruously  interpret,  that  it  may  sot 
I  only  import  an  indemnity,  as  to  such  for  whoo 
!  it  \ias  intended,  but  also  that  biich  as  were  eX- 
I  ceptod  and  excluded,  should  not  enjoy  the  be- 
I  nciit  of  the  said  indemnity. 

Q.  It  is  acknowledged,  that  treasonaUe 
I  speeches  having  no  relation  to  the  rebellioD,  io 
;  tall  under  the  indenmity,  and  are  secortd 
I  thrreliy  ;  and  there  are  many  instances  of  trea- 
I  sniiu!»le  speeches,  which  need  not  be  con^ 
,  scendjfl  upon. 

{  The  exceptiuns  in  the  act  of  indemnity  tit 
•  piitin  a!i<l  clear,  that  heritors  who  were'cos- 
I  triveis  of  the  rcl)cllion,  and  contrihuters  theie- 
!  to«  bv  levies  of  men  or  money,  should  notes- 
i  j«iy  iln^  same.  The  plain  meaning,  and  Eng- 
I  lish  whereof,  dnts  coniprehend  all  aceesion  to 
i  the  rebellion,  and  the  words  litielleil  do  import 
'  a  direct  accession  to  the  rr licllion. 

And  as  ti»  the  objection,  that  none  can  ta 
reputeil  a  eontiivcr  of  the  rehelliou,  bat  tdeb 
who  advised  the  first  rising  ami  eruption  of  ibi 
rebels. 

It  is  answeml :  The  pretence  is  most  int- 
Icvant;  tor  a  rebelliuu  being  ciptally  to bexM- 


STATC  TRIALS,  SC  C«AUms 

m  vy>hitiot]  ^  ib«  fiint  «?rii[itioji^  tmd  to 
i  l*#  ,  Ttttioiial  Hit- 


«ikei1 


Ill   imiuj      til     iJii_-     liiLrtilAIH^ 

of  the  reUllion  In  ariother 
fiikM.    iik.»  r-.i.ne  us  to  the 
1  Irons  B re  not 
1   tormiMi  and 
ry  act   enil 
I  ori  in  of  ibe 
e,  ami  nstren^b- 
'    rcb«iliioiif  Qnd  so 
f*\  irom  lUt;  fttit  of  intleTODity  ; 
,  dnd  t'>  contrive  a  ret)c)lion  in  the 
hsi  Ihf*  SAmc  *-'onirivance  as  to  con- 
rlhon   m  Cfalluway,  where  it  fiist 


rjwr  fki««*.  ftJisn  fall  uoder  (tmt  elaiine  by 

'      .  f    n    ,     ....  r.f  mfti 

,  T.^ .._  iui-,v^*  us  ♦nithu* 
ti8  rnn  to  the  rebellion  ; 
htlti.v*  ro  any,  citlier 
II'  Diefuinie,  wa9i 

V  -   of  men  to 

aniJ  i»  It  were  othirwiae,  the 
i*t)ntitine«}  in  the  a<?|  of  indernrnt)' 
m  imjKirt  or  signiticnoct*  j  and  alt  thot 
nded  by  tliL*  intknimty  in  relation  to 
TJi#»i»»  i»»s  but  to  sernre  the  deluded 
,  iifho  wei'e  ♦^asiK'  ini^Mise^l  upon,  and 
'  rwise  to 
the  h^- 
,  an  1  [T  any  such 
-  »HiUJ  evacunte  the 

1)^ 


|1}0n ; 


t  hereto, 

ar,  nor  vrcte  nnt  ociiialiy  engaged 
in* 

T«  which,  fm  tbefiart  of  the  Fannel,  the  ftd- 
Aq^fiicniti  ffcro  set  forth  hy  way  of 
Itgaut : 

*«  Xi4WYEIlS   QUAORUPURS. 

}*mirkkHtnne  (\imAT\ip\icu  to  thai,  that 

Mr^-P^-'  -  '^-    ;'— ■    r'--  not 


the 


ot    ttt^l^Oll^ 


his  UE'f 

him, 

would 
afisuril  : 


*  nales  8aiieli«cieia  in  iia  taDtiitnnaodo  cmbm 
'  frcifiitiid*  tmi,  (ftjortim  t^prcMa  6t  meoiM 

*  lA  Ifd^httftf  neqiie  eDiin   (ice  na  graiior  alicia  ^ 

lu  casibui  jiU'e  cxprvsaii/ 
G.  '  UucM  in  iioiiiia,  vol  * 
'  ftiuuiiih  jiuuaiiLKi^  extra  jiroprietstctn  tcrfco* 

*  mtn  fien  nofi  dtihet,  ad  Leg.  4^ ,  Dig.  d# 

*  pCPnK  •••'••-»'rf>t96oiie  ieguni,  pc&ne  utidlieads 
<  «iini  HI  as[»PTattd«e.* 

S.  11.,   u..,i^i;^»Ai(nie  cansiat  •mport  ooum 
ami  advice,  tio  as  to  In^r  the  eoiue  of  tr«««i 
seeing  crlni<«  cannot  be  inleired  from  rvtnoiA 
cunstrs  &t)il  inferences,  to  make  the  jvarty  liable 

*  Hd  pceTiam  ordinariann*  A«  for  in>tUii*C€,  if  a 
man  having  been  ii^htii>|^  with  bis  ii«>i^hhour| 
thc}-^  should  be  separated,  and  as  tbey  wer* 
comings  out  of  the  v^ay,  should  meet  with  aao* 
ther,  and  he  should  vL^k  bim  l^om  whence  h% 
came,  and  he  should  aoRwev  bim,  he  <7ftmi' 
trniti  5uch  a  pi  nee  where  he  waa  licfhtiikg  with 

'   tmi  he  came  away  and  left 
,   ghouhl^ay,  hchkeil  not 
,.  itim  take  county,  aiwi  if  h^ 
he  woulil  ^K  help;    it  were 
.   .V  ,nl  the  person  iliai  miHt  iiim  Uy 
and  had  these  • 
siioiild  i>e  i*niUy  of  the  maj-  v,      p  i  :  :i 

ndghhour  ;  nm\  the  hkv  may  be  inslanc«d  ttk* 
many  CHse«  uf  ihe  like  uitturc. 

It  tK  \he  oi>inioii  ot  all  Inwiers,  that  when  it 
is  proriiled  by  a  st;itiae,  ttiat  the  person  wIk> 
gfifes  counsel  and  adrice  ahoitht  t»e  liable  to  the 
same  nunishmeut,  is  only  understood  of  counsel  i 
and  advice  before  the  commiiting  of  the  cnniej 
iiut  not  tbereatWr.  Karro).  m  Lt'^.  furtuoi, 
Dig-,  de  fiirtin,  par.  ^.  MarceL  Con.  HO.  Num, 
31  and  S?.     *  Htatutum  dicens  «|ai>il  pmsfans 

*  uutiliuni,  coiisiihum  vel  favoicni  nmlehco, 

*  tali  (>(Kna  puniatur,  debet  intelligi  ^nando  ma^ 

*  leficium  e^t  in  fieri ,  ik'cus  auieui  m  loaU  licid 
\jafn  facto  pcrrecte  et  consuniinatOf  et  sic  ante 
'  non  poat  delictum,  quia  de  illo  statuto  loqiii- 

*  tur.*    And  Minochtu»   Cas,  551.    Num.  6. 

*  requiritiir  quod  consilium  pnecedat  ddictnm, 

*  nam  n  secuto  ftelicto  durct  coDsiliunr,  itlud 

*  eerte  is  froBiratorum,  oec  emm  suaaus  dtjiin- 
'  quens  eo  coufiiJiii  ad  delictum  perpetraodum 

*  processit,* 

Whereas  it  is  pretended,  thj*i  tl  '  Tneol, 
in  so  far  as  it  b  hbelM  that  \h*  i>ok« 

n  ts,  or  some  such  wonis  u*  mat  pur- 

[  ! rrant  in  tfaese  general  terms,  aefriirg^ 

tilt-  |<u)nufr«conde«ceiid  toat  tho det'cnders  bud 
tlie  like  wurds  to  enoounige  the  party. 

It  is  answered,  That  llie  flefeitder  spoke 
Ihese  words  or  auch  like  alternative,  h  not  tu* 
levant,  it  bein^^  a  certain  priucipic  in  law,  that 
whenever  a  crime  consisis  in  words^  thi-  ^pe- 
ri fn  wopjii  ought  to  be  cotideacended  upon,  litr 
hbeHiogf  of  a  crime  arisiirc"  from  a  pur- 
ti^  fact,  a^  tbfi  fact  and  deed  tnu&t  he  cttn  > 

idi'MJeDded  upon,  and  the  tib^l  wdl  not  he  rele- 
vant in  thcue  trrrn?,  that  the  detenikr  roni. 
tAct  and  deed,  or  mmw  imch  disc*!  lo 
mc  ;  so  by  the  wiine  reason  fvhen  » 
I  crifuc  IS  libelled  ariiinjf  from  words,  the  par- 
tipdariii»ecttfi(>wot^s  ou^ht  to  be  condeicetideti 


STATE  TRIALS,  So  Chaelks  IL  l6%A.^Pr&ceedifigi  agoimt        [^ 


^ 
^ 


P 


upon,  seeing  tlie  varying  of  a  syllable  or  a 
letter,  will  also  alter  ine  meaning:  and  sense  of 
the  wordSf  arsfl  if  h  were  oiherwiiie,  then  tlie 
puritier  rol^bt  Irb^l  no  more  but  treasooable 
H'ords  m  general,  whicb  were  absurd. 

Wbereiis  it  is  alledc^ed,  tbat  tbe  conrersing 
with  ibe  )>ersons  mentioned  in  ibe  indictment, 
4o4b  inier  iutereominuning  Vfhh  notour  ntbeb, 
•eeing  the  det'etider  did  know  tbat  tbe v  bad 
heen  in  tbe  rebellion.  It  is  aniwered,  l^bai  it 
^  absolutely  denied  tbat  tbe  defender  did  know 
tbat  any  of  tbts«e  perMias  bad  been  in  the  i«- 
belHon^  and  private  knowled^^e  being  *  actus 
*  animi  et  iuielleclus/'  wbich  can  only  be 
proven  by  writ^  or  oatb  of  (larty,  which  can* 
not  be  admitted  in  tbU  case  ;  but  if  it  were  al- 
lowed, be  could  very  fn.^ely  decbre.  ajs  he  basf 
alreatly  done,  tbat  be  lUd  not  know  that  tliei^e 
persona  were  in  the  rebelhan.  And  seeing  tbe 
law  has  6xed  on  tbnt  iMilemn  and  specific  act  of 
deaunciaiion  at  llie  Murket-crota  of  the  i^hiie 
where  tbe  rebells  dwelt,  to  be  tbe  only  thing 
tbat  puts  lieges  in  malajldcy  to  supply  or  in- 
tercommune  with  these  persons  who  had  been 
at  tbe  rebelhon,  no  other  thing,  how  notour 
•oerer,  can  put  the  lieges  in  mala  ^de,  but 
only  the  denunciation  at  tbe  Market-cross  of 
tbe  shire,  conform  to  the  express  act  of  parlia- 
ment.  And  it  is  evident  by  his  majesty's  procJa- 
mation  in  April  l&i»t,  that  the  resetting,  supply- 
ing and  intercom muning  with  persons  that  have 
been  in  the  rebellion,  does  not  infer  the  crime 
of  treason,  unless  they  were  denounced  at  ttie 
horn,  and  forfeited  for  rebellion.  And  seeing 
bis  majesty *s  adroc^ite  has  already  declared, 
that  he  makes  oti\y  use  of  tbat  article  of  the 
libel  as  a  qualijication,  tbe  defender  needs  say 
no  more  but  oppone  tbe  act  of  parliament  whico 
aufficiently  takes  it  oCF. 

6.  Whereas  it  is  allcdt^etl  tbat  the  defence  of 
&libi  is  contrar^r  to  tbe  libel,  and  so  cannot  be 
sustained.  It  is  answered,  tbat  albeit  it  be 
no  nullity  tn  a  criminal  libel,  if  the  libd  bear 
tbe  crime  to  have  been  committed  upon  one  or 
other  of  tbe  days  oi'  s^ich  a  month,  in  such  a 
year  of  God  ;  yet  if  the  defender  desire  tbe 
pursuer  to  cim descend  u[)on  a  precise  day,  he 
ought  to  condes*'fnd  thereupon,  tbat  he  niav 
not  be  precluded  of  hia  defence  of  u/iii,  whicti 
is  not  contrary  to  the  libel,  but  elides  the  libel. 
As  for  instance,  if  it  had  been  libelled  tbat  the 
defender  had  killed  a  man  at  Edinburgh,  on 
one  or  other  of  the  days  of  June  to79,  and  I  he 
pursuer  condescending  upon  a  particular  day, 
and  the  defender  should  prove,  that  all  tbat 
day  be  was  at  home  at  Ce«nock,  this  were 
enough  to  elide  tbe  libel,  which  is  dear  both 
from  the  civil  and  common  law.  Gap,   tinaJ. 

rag.  bbellorum,  quiciit.  8.  and  from  all  the 
wiers  who  write  upon  that  subject,  And  par- 
ticularly Battol.  in  Leg.  is  qui  reus.  Num.  10. 
Dig^  de  Imp.  judiciis,  Us  Juson  in  jpge  ar- 
bitraria,  3  parag.  si  quis  Ephesi.  num.  6.  de 
«>o  qui  certo  loco.  And  Farin  Qimest.  t  num. 
30.  And  Gail.  Lib.  1,  Obfacr.  tJA*  whu  is  ex- 
press, Uiat  albeit  it  be  no  nullity  of  tbe  libel, 
albeit  th«  particidar  day  be  not  €ODdc!»cendcd 


pai 


■      albeit  th 


upon,  yet  if  tbe  ptHy  desire  be  ought  to  eofi- 
descenil,  *  nam  omissio  diet  reo  mut«rret  i*-*^ 
'  sionem,  er^ro  ex[tnmeitda,  i|uiaprob*r« 
^  eo  die  in  tali  loco  non  fuisse.'     As  alto 
dear  from  tlie  law  of  our  neighbciur  nation  ( 
England ;  as  appears  by  37  statute  kiogK 
B.  by  which  it  is  statute,  that  tit  all  crii 
tibel^,  tbe  day  and  place  must  be  condcscfoM 
upon  I  und  from  our  uwa  law,  cap.  ft.,  qooft, 
aitac.    By  which  it  is  provided,  tliat  the  naoMi 
of  the  partitas,  day,  year,  and  moiitii  sbodd  It 
ejcpresl,  and  tlamage  most  be  cotideaecodii 
upon ;  so  that  by  ttie  law  it  is  09  neetsmrj  M 
express  tbe  preci&e  lane  in  tbe  libel,  If  rafoutd 
as  to  conJe^icend  u^»on  the  party^a   tauac^  tbi 
cause  of  complaints,  and  tlie  place  where  tbi 
crime  wan  C4.>nmot1t<d.     And    as  ibis  19  clw 
in  tlte  general,  much  more  ought  the  ponoo 
to  condescend  in  ihis   particular  t-nk»>     •att^ 
if  the  pursuer  cundi^eend  on  i\ 
fetider  not  otdy  oifci^s  to  provv 
but  that  be  was  all  the  dsy  at  bonn 
house.  *  Unve  est  tlcfeusio  certata  1^ 
*  pore ;'    uud    so  being  a    positive   eAC«p4Mt| 
ought  to  be  sustained  lo  elide  the  hbel,  esp^ 
cicJly  seeing  it  is  likeMise  oOered  to  be  ptom 
by  persons  that  were  pre«srnt  111  companj  widi 
Ingrbam,  Craw  lord  and  T'  mi  tlie  ban 

they  past  through  the  G  i  lat  the  ilr* 

fender  was  not  with  tbem  ai  tnut  inne,  amiil* 
beit  the  deteridcr'alvoujic  be  not  dt  tliatdiUtaaci 
from  the  Galstoun,  that  it  vt  as  impossible  tl 
nature  be  could  be  there,  yet  he  condoeeodi 
so  pregnantly,  that  it  isef|ti«^iil'M't  «o  ;*  T.l*v»rd 
impossibility  Uiat  be  con!  u-  '; 

is  posiii^^ely  offered  to  be  y'  .  -.' 

borne  at  his  own  bouse  all  that  d^v 
pt?rsons  that  were  present  wlUi  Li 
pany  all  tbe  whole  day,  and  tbe  p* 
were  present  with  Inu^bam,  attd  tli^ 
tiooefl  in  tbe  first  indictment,  all  the  Uun^  Uu ; 
pa.^t  the  GaJslouQ,  and  tlic  defender  wu  diI 
withthem,  which  issocircumM  ^  o/m, 

that  It  is  t»eyond  all  question  1  •  iit«k 

the  libel.     And  as  to  Gome;  ai^  rMcn 

cited,  that  seem  to  be  of  the  c  awn, 

it  is  eviilent,  tbat  there  they  d< *' ^ 

case  o{aiib$t  ^'^^  ^^h'  ^^  tbeUb(>l  \«r 

descending  on  the  day  be  relevant,  a^  .0 - 

it  is  not  controverted.  But  tliesc  and  all  other 
lawiers  upon  tfiat  subject  are  clear  of  the  oni* 
nion,  that  when  the  deft-nder  requires  tit 
pursuer  to  c^ondescend  noon  tlie  predse  dsy, 
that  it  ought  to  be  condescended  upon,  ihA 
the  defender  be  not  precluded  of  his  juatlfe* 
fence  of  alibi. 

7.  Whereas  it  is  alledged,  that  the  ikfcft^ 
falls  under  tbe  exception  of  the  Act  of  IndMa* 
nity,  both  as  a  contriver  and  coutributcr  to  tbs 
rebellion. 

It   is    answered,  Imo.    Tbat  tbe  ileffodif' 
cannot  be  repute  a  contriver  - 
words   and    expre&siojis   < 
dictnicnt  import  a  contri\: 
is  acknowledgeil   by   tht 
at  a  transient  meeting  on  1;.l   .. 
ii  not  to  be  imttgiaed  that  any 


State  TRIALS,  s^cuaulm 

i9on  would  go  iinil  contrife 
.  any  person*  Ue  nict  on  the 

imnce  must  necefsanly  be  under- 
'^DsultiDg'  and  advising  things  that 
tJie  rebellion,  and  which  mig^ht 
b»T«flo,  and  not  by  a  trsirwicnt  dis- 
and   that    conlrifani-e    should   t»e  so 
■  '  fi,  as  to  cou»  prebend  alt  ex- 
ked  like  treason  ;    the  excep- 
'  "^Tal  ns  the  rule»  and  unoD 
rr  part  of  the  Act  of  In- 
eiltpf  evacuate. 

an  not  infer  a  coo- 
|r  ;  iiting  by   levying"  of 

tfch  can  uaiy   be  underetood*  in  the 
[terror  of  awjeinbling  men  together  to 
<  llion,  which  cannotTje  in  the 
n  thifl  f«se  ',  nnd  the  defender 
til  my  things  ihai 

n\  th^t  he  did 
cnttoiis  ^^t^v  h  ce  of  all 

I  coutKcs,  and  ga\ '  i stance  of 

*  1^79,  abuut  a  momn  ociore  the  re- 
xo  fur  as  tliere  being  one  of  his 
i^ilien  killed  b^  some  of  the  rebels, 
^M^oimdcd  upon  the  confines  of  tl^e 
dy  the  RcHemen  arid  tretjtlcmen 
"i  and  ^Totc  a  fetter  to  the  lord 
wa*  drawn  by  tht  ddentler, 
I  by  hiro,  and  a  great  part  of  the 
'  tfje  shire,  by  which  they  ac- 
Iship  with  the  murder  of  one 
J  the  nighl,  and  the  wounding 
a&  also  o(  scicne  armed  ficld-con- 
iirf'a  conifidorable  number  of  the  com- 
ifined  by  nniKJundf   turbulent  and 
l^reacljtiT,  making  it  their  work  to 
Dpie  10  Stlii^in  and  separation  tVom 
iirmnces,  Ma^\  instill  in  the  in  tlie 
^\i..^   .,^.1  out  of  thpirsensf  «f  their 
fet  le  good  of  religion,   the 

lie  kingfdom»  did  think   it 
Mhe  lord  chancellor,  tlieir   de- 
Hioi  n  net'  of*  sufh  horrid  prac- 
iiot  to  be 
HIS,  what 
iUH  and  lo^al  sub- 
loyal  letter,  and  a 
the  defender  is  of 
iTa»  so  far  from  be- 
Ot  lliftn,  or  having  an 

fti  he  first  appearance 

1  I  LTf^e  timeous  ad- 


J- 


r.  n«r,  that  cffee- 

^^1. 

renting  thereof 

Bit  1 

'n  theeg^  ;  so 
'  "!  ni  of  these 

WKc 

iiid  I*  ho 

a  leUcr, 

WjJBt  of  111 

that  had 

^^F' 

'  :is  a  fur- 

^^f ' 

tijhorrence 

Bob 

Mi  to  be  prorcn,  that 

fe^ 

id  thai  any  of  his 

etitto  Ciiii 

n mediately  he 

llMdrfe^, 

!irt  them  oiit  of 

irouXa  oQi  rtttiti  ftoy  who 


ri.  1684.— Sir  Hugh  CamfbtU.         [95S 

haunted  conventicles  ;  and  when  he  got  notice 

of  any  of  his  people  that  abatained  from  pub- 
Uc  oriiinanctti,  he  did  always  acquaint  the  nhc- 
riff- depute  of  the  shire,  and  caused  tine  and 
puniah  them  according  to  law,  and  did  never 
suffer  any  of  the  relida  to  come  to  his  house, 
VkOT  got  they  any  of  his  horses,  serTanti  or 
arms  to  assist.  But  immediately  when  he 
heard  of  any  of  the  rebels  being  near  hii 
house,  be  letl  his  house  and  came  to  Edin- 
burgh to  join  with  his  majesty*s  forces,  w  hich 
was  all  a  prudent  and  loyal  man  could  do  at 
that  time.  A%  also  it  is  positively  offered  to 
be  proveti,  that  he  dissuaded  all  his  tenants  to 
join  in  the  rebellion,  and  m formed  them  to 
take  the  bond;  and  therefore  he  ought  to  hare 
the  benefit  of  his  majesty's  gracious  act  of 
indemnity.  And  if  such  as  have  been  at  field- 
convenricles,  or  illegal  administratora  of  thi 
sacraments,  and  had  mainiained  poaiiions,  that 
it  was  lawiul  to  rise  in  arms  tor  retbrma 
tion  of  religion,  condemned  by  the  second  ad 
of  the  second  session  of  bis  majesty's  first 
parliament,  and  the  [preachers  at  nil  these 
conventicles,  if  si?ch  as  these  should  have  th# 
l^ensfit  of  his  majesty  *d  indemnity,  as  certain- 
ly they  have,  much  'more  the  defender,  who 
has  given  such  signal  testimonies  of  his  loy- 
alty. Seeing  it  is  clear,  that  his  majesty's 
design  is,  that  the  said  act  of  indemnity  should 
be  extended  in  the  utmost  latitude,  which  is 
agreeable  to  the  common  law,  L.  3.  Dig.  de 
constitutione.    '  Principio  lieneficium  imperato* 

*  ris,  quod  a  dirina  scii;.  ejus  tndulgentia  profi- 

*  eisdtur,quam  pleoissime  interpretari  del»emu«/ 
And  if  the  exception  of  the  act  of  md enmity 
should  be  otherwise  understood,  there  were 
hardly  a  pintleman  in  the  West  of  Scotland, 
but  he  might  be  bi-ought  under  the  acts  of 
pailiamtnt  a^dinst  treason  ;  and  the  act  of 
indemnity  which  his  nmjesty  designed  for  re- 
moving of  all  fears  and  jealousies,  and  the 
quieting  the  miuds  of  hi»t  gooij  subjects,  should 
be  rendered  altogether  elusory  and  ineflectuah 

Mr.  IVititattt  Fietcher  for  thepannel  further 
adds,  and  conjoins,  that  the  i>efitnce&  stand 
most  relevout,  notwithstaiuling  of  the  Replies; 
For^  1.  Whereas  it  was  pretended,  that  the 
conversing  and  interconmiunintf  with  Daniel 
Crawford  and  the  other  rebels,  was  ftagrant  re* 
bellion,  and  before  any  course  could  be  taken  t% 
dcdarcor  deoounoe  them. 

It  is  answered,  1.  That  the  pretended  con- 
verse, being  only  a  casual  rencouoter  on  the 
high -way,  it  could  not  subject  the  pannel  to 
any  crime,  but  especially  the  highest  crime 
of  treason  j  and  there  is  no  man  in  tlie  world 
so  innocent  and  loyal,  who  not  ha%'e  fallen  in 
the  same  accident,  considering  ihe  number  of 
the  rebels  that  were  swarminji  in  the  counUy. 
4.  Any  such  converse  and  iotcrtommuning 
bring  antecedent  to  the  act  of  indemnity,  the 
pannel  is  thereby  secured,  in  res]>ect  that  con- 
vert; amd  intercommuning  is  none  of  the  cases 
excepted  in  this  indcnmity,  and  *  ex«eplie  &r* 
'  mit  ragnlan  in  nooexceptis/ 


i 

I 
I 


I 
I 

i 


959}        STATE  TRIALS,  $6  Charles 

S.  Wberets  it  is  replied,  'iliat  the  pretended 
words  4o  import  a  coudscI  ruin  instruciione, 
in  regard  tbey  contain  motives  and  reasons  for 
returning  to  tne  rebellion,  ?iz.  that  they  should 
not  want  officers  and  help.  It  is  answered, 
That  law  in  this  case  of  counsel,  rcquireti  more 
than  reasons  uid  arguments  to  parauade,  viz. 
directions  how  to  compass  the  crime,  as  in 
criminefurtij  and  what  place  and  house  may  be 
most  easily  broke,  and  what  instruments  are 
most  fit,  which  species  of  instructions  are  ex- 
pressly cited  in  the  forecitod  paragraph  of  the 
InstituC 


3.  Whereas  it  is  replied.  That  the  counsel 
takes  the  nature  of  the  crime  which  is  coun- 
■elled ;  it  is  acknowled^  that  this  liokis  true 
in  the  general,  but  still  it  must  be  such  counsel 
as  is  instructed,  and  in  this  case  it  iras  impos- 
■ibie  that  the  jjiannel  might  have  instructed  tlie 
rdbeb,  both  with  proper  ways  bow  to  manage 
the  rebellion,  and  likewise  with  anns  and 
borsea. 

4.  Whereas  it  is  pretended,  that  the  indem- 
nity is  not  simide,  but  contains  exceptions,  and 
that  albeit  treasonable  expressions  be  indem- 
nified in  the  general,  yet  the  indrannity  can- 
not be  extended  to  snch  treasonable  speeches 
M  import  a  counsel  to  rebellion,  that  being  a 
proper  accession  to  the  crime  by  which  the 
pannal  becomes  art  and  part  thereof. 

It  is  answered,  1 .  Tbat  *  Terba  legis,  pra- 

*  sertim  iaforabilis,  non  sunt  cavillauda  y  and 
it  is  impossible,  withont  offering  manifest  vio- 
lence to  the  propriety  of  words,  that  the  ex- 
pressions libelled  should  not  be  comprehended 
under  the  general  of  traitorous  sp*3echc8  ;  and 
albeit  treasonable  expressions  ir.ay  be  ilistiu- 
guished  into  two  soits,  viz.  1.  TUom;  which  do 
only  import  a  slander  and  reproach  of  his  ma- 
jesty and  his  government.  And  2.  these  u  hicli 
carry  in  tliem  a  counsel,  mandate  or  (ruiuiuaiid 
to  commit  the  crime  of  treason;  yet  ic  would 
lie  a  very  bad  rule  in  dialectic,  to  siiy  that  tlieNi: 
words  are  not  traiterous  S|»eeclies,  because  they 
are  not  of  the  first  kind  of  treasonable  speeches. 
9.  If  it  be  the  sense  and  opinion  of  all  persiuis, 
who  hear  these  words  repeated  in  thi;)  libel,  that 
the  same  are  traiterous  speeches,  then  that 
genus  of  treasonable  speeches  must  necessarily 
comprehend  the  same:  hut  so  it  is,  that  the 
pannal  floth  apjieal  to  the  lonK  of  justiciary, 
and  all  who  hear  the  libt^l  read,  if  that  was  not 
the  iioti(»u  whieh  they  had  oi'  these  words,  that 
the  sanrie  arc  traiterous  siieeches.  And  albeit 
his  ma^y's  advocate  and  these  who  concur 
with  hiin,  may  subtilize  upon  the  nicety  of 
words,  and  reduce  them  to  another  class  than 
these  which  arc  contained  in  the  indemnity, 
yet  words'  are  to  be  understood  '  ex  populari, 
^  quern  penis  arbitrium  est,  et  jus  et  norma  lo- 

*  quendi,'  or  otherwise  words  should  become 
captions  and  snares,  and  the  people  for  whose 
satisfaction  tlie  proclamation  of  the  indemnity 
was  made,  should  not  be  capable  to  understand 
the  same ;  and  it  is  not '  usus  artis,'  but  *  usus 
popularis'  which  must  be  the  rule  in  this  case. 
df  According  to  all  the  ciilea  of  ialcrpreUtioD, 


II.  l6M.—Pro€reding9  agaimsi         [960 

in  things  which  of  their  own  nature  are  not 
odious,  the  words  are  tolie  taken  according  ta 
all  the  propriety  of  |>opuhir  use,  r.  g.  au  isdt- 
finite  speech  should  be  taken  for  one  thatii 
uniTcrsal,  and  the  indemnity  is  not  only  a  nsat- 
ter  not  odious,  but  moat  farourable,  and  therco 
fore  *  a  proprietate  Terboruro  noa  est  Rcedca- 
dum.' 

4.  It  is  a  stranffe  nicety  and  catching  cf 
words,  to  pretend,  tnat  wordfs  libelled  shonMht 
pardoned,  in  so  far  at  they  are  traitaaoi 
speeches,  and  should  not  be  pardoned  in  fo  fti 
as  thev  are  a  counsel  to  rebellion ;  for  this  «cn 
indeed  to  cleave  an  hair,  and  it  ianowayi  nil* 
able  to  that  free  and  native  liberty  whicD  ii  ii* 
Jierent  ip  such  acts,  to  nm  to  metapbyBOJ 
niceties. 

5.  Whereas  it  is  pretended,  that  thejnnl 
falls  under  theexcejitionsof  Uieactof  umIhb- 
nity  in  so  far  as  an  heritor,  and  that  it  iscMj 
immported  by  the  words  Ubelled^UiatbeHi 
contrived  the  rebellion,  and  centribnted  ibadi 
by  sending  out  men  to  the  same,  and  tbal  tbi 
accession  arising  from  counsel,  imports  m 
much  a^rainst  the  pannel,  as  if  he  had  bes 
actually  in  the  rebellion. 

It  is  answered,  1 .  That  the  act  of  indeniikf 
is  opponeil,  which  excepts  only  bcqlMs  m 
three  cases  distinctly  esprest  in  tbcaet,Ttt. 
1.  Actuid  rebellion  arisii^jf  from  these  iroriii 
Heritors  who  were  in  the  rebellion.  S*  Cea- 
triving.  3.  Contributing  by  levies ;  and  tbil 
counsel  and  iiitercommuning  is  not  under  nj 
of  these  throe  heads,  for  the  eitent  eftbenn 
cannot  be  better  cleared  and  determined,  dm 
by  the  nature  of  the  expression  ;  and  wbcit 
laws  have  exceptions,  nothing  does  so  msefc 
illustrate  and  cunlirm  the  rule,  as  ap- 
pears from  Novel  7.  Cap.  2.  in  initio,  wboc 
these  words  are  to  he  found,  *•  necesuiHiia 
*■  existimavimus  qua&dum  exccptiones  dare  kgi 
'  cum  multis  vigifiis  etiiubtilitateail  invcotas,rt 

*  cas  habens  in  auxilio,  kx  nequaquam  more- 
'  clur ;'  and  the  exception  in  some  case  dotb  at* 
large  the  rule,  and  does  fully  clear  the  saiM^ 
and  makes  it  extend  to  cases  uhirh  otherwise 
would  not  be  understood  to  be  com prebended, if 
appears  from  Iaix,  12,  parag.  43.  where  tk 
case  being  stated,  if  when  *■  doniUK  instradii 
'  legata  an  contineatur  vestis.*  The  laviff 
doth  resolve,  that  it  is  doubtful  in  the  general; 
but  if  there  be  anexceiYtion  added  of '  aumD'* 

*  argentum,'  that  the  *  domua  instructs'  mart 
necessarily  comprehend  '  vestis,  nam  qni  bie 
'  excepit,  non  potest  non  vidcri  de  caiieris  veboii 
'  qua  mea  essirnt,  sensisse.' 

2.  llie  words  *  contrivaiice'  and  <  plotting*  v* 
synonymous  words,  and  are  exprest  in  ibl 
Latin  by  *  onlinatio  et  tractatus,'  and  aa* 
cording  to  the  common  acceptation  of  ^  ' 
words,  these  only  are  understood  to  have  caa* 
trived  and  plottcfT  a  rebellion,  who  have  taku 
measures,  and  laid  down  ways  how  to  cany  ti 
and  maintain  the  same,  they  keeping  oonaa* 
pondence  in  order  to  that  end,  dmwuig  wM 
LumJber  could  be  engaged*  faov  iheyshadl 
be  provided  viA  lOBii  u4  te  like^  vhadi  cii 


l]  STATE  TRIALS,  S6 Charles  If.  iSU.^Sir  Hugh  Campbell         [OGt , 

*  having-  asked  theiu   where  llit^y  had  bv^^np^j 

*  utid  wnen  I  bey  harl  toltl  Itiia  ility  httd  cyme  ] 
'  Jiom  ihe  Wi^stlaotl  arm}  Jjt*  ^iil  lie  hail  it-v%\ 

*  more  g^ua^  to  thcRif  tU;in  coioing^  iVoin  theni|J 

*  atitt  he  having  askr'd  lUem  if  ihey  were  lo  re^ 
'  turn,  and   they  tohi  him  they  knew  not,  au^l 

*  he  stiid  to  theh*,  that  lie  likci  not  ruiKiway!<|i 
'  and  that  they  sbouh!  j^et  htip  if  they  uoulill 

*  hide  by  it;*  or  words  to  that  piit'pfti^j/kJs  ibn^yjl 
arc  declared  by  bis  mnjesty^s  advocut,  vi^^l 
Thai  tlu  y  should  have  officers  or  hcl|j<  or  k()II]<%  J 


^Mray  s  be  inferred,  as  is  pretended  ,from  words 
^Bpke  on  un  hig'h  -way  in  a  pasniu^  discourse. 
^Hfce  as^  plou  and  contrivances  of  rebetlion  are 
^^Uheir  omi  nature  secret  and  latent  actiou9, 
^Bbich  are  done  *  clam  et  oeculto;^  and  nu 
'  ntional  man  will  presume  that  I  he  panne], 
rlio  \H  known  to  be  a  man  mo^t  circumspect  in 
"^l^wrordi  and  carriage,  could  hn  \  e  fallen  iuKi  ilml 
3,  as  to  have  contriired  a  rebellion  with 
lorant,  silty  and  mean  |)«r?ion«i  (some  wbere- 
be  did  not  know)  in  an  open  hi|^h  way  :  aud 
n  hopeil  the  lordia  of  justiciary  will  iu  tbi» 
con^iirler  the  nersoii  ci'  the  pannel ;  and 
ng-  tlie  words  do  not  atnoutit  to  a  coniri- 
ftoe,  or  pbittina^  a  rebeUiuni  *  rapienda  est 
aiiio  qu£  praebet  bcuigiiius  reaponsum;' 
[  albeit  in  ti  Inx  and  improper  aignitication 
se  words  roigbt  imnnrt  a  contrivance,  yet 
I  pannel  doums  not  but  the  lords  i«  ill  hiivf* 
I  to  tb«  proper  fttgrnifiration  of  the  words 
ItDg-  otherwise  it  is  impossible  lo  interpret 
^iDdemnity  with  that  latitude  which  his  ma- 
ty liath  expressly  required, 
'lietvas  it  is  pretended,  that  these  words  do 
L  a  contributing^  to  the  rebellion,  by  Je- 
J  of  lueo  or  inooey  :  It  is  aii!»weredrthat 
ym^  of  men  and  money  i«  a  physical  act* 
I  nut  a  moral  persuasion  ;  and  no  man  will 
imaifi&e  that  levying  of  men  and  iiion^y,  can 
OOttMatin  words,  but  the  same  doth  necesi^uvily 
dtseds  of  drawing  men  to^jether,  and 
Sog  of  their  nainen  in  order  to  the  forming 
I  into  an  army  ;  if  words  were  levying  of 
I  or  money,  an  army  would  be  \^y  easily 
jkpUed. 
i  to  the  former  defence  agHiost  the  second 
,  vi2,  that  it  wants  montii  iCncI  year,  and 
re  H  not  least  answer  made,  und  tlierefore 
i  cannot  l>e  least  use  made  thereof. 

>  Lortls  f^oiHinuij  this  Court  till  to  morrow 

ordains  the  pannall  to  be  carried  l>ack  to  , 

ODf  and  tfie  W  iinesses  and  Asnysers  to  at- 

d,  ylk  fterson  under  the  paineof  ty?e  hun-  \ 

1  mcrks.  "  j 

day  in  the  entry  iho  King^s  AiWocatr 
1,  he  |ias«>es  from  the  second  and  last 
jeiits,  *  pro  loco  et  tempore.'     The  purl 
le  libel  he  and  sir  George  Lack  hart  insisted  | 
I  was,  *  That  the  said  Campbel  meeting  ; 
Itli  the  witne^j^ies  c*^>mtng  from  the  rebellion,  ) 
uired  whence,  and  hein|r  answered,  from  ' 
we^lland  army*  desired  them  to  return, for  i 
y  would  not  wait  asaistancc,  adding,    lie  I 
not  like  runaways.' 
he  Lords  debateif  very  longf  among  them- 
es as  to  the  relevancy,  replies  imd  duplies, 
I  at  length  carae  lo  give  this  Intedocutur.       J 
'*  The   Lord  Justice- general,  J u Mice- clerk,  j 
other   Commissioners  of  the  Justiciary,  | 
ioff  considered  the  imlictmcnt   pursued  by 
ttiuesty^s  advocat,  aijriiiQstt^ir  Hugh  Camp- 
lidl or  Cesnock,  with  the  haill  debrte   above- 
ABCfittaaed,   6nds  the  fiJ-st  inditement  as  it  iii 
lilielled,  «iz.  ^  That  the  punnel  having  met  ui(h 
'  tWe  persons  mentioned  iu  the  dittay,  coining 
•  lTt>m  the  rd)€la   in    arms,  June  it;T9,  and 


eMpreMjioos  of  help,  relevant  to  infer  thi:;  puiti  of  | 
treason  ;  and  remits  the  same  to  tht^  tuow* 
led;^e  of  an  assyse,  and  r*?pels  the  defence 
fciunded  upon  the  indemnity,  in  respect  I  ha 
dittay  J  as  it  is  libelled,  iiills  under  the  ejcceu-. 
tions  thei^in  mentioned,  viwA  also  repells  tliA 
dcff  nte  of  cr/i^i  as  propone*!  and  circnmstaniial 
and  all  other  defence  proponed  for  the  pann^ 
against  tb  e  ti rst  i  nd  1 1 eraenl. 

I  do  not  lind  the  lords  were  unanimous  in  th4 
interlocutor,  but  it  carried  by  tdurality  of 
voices.  EverVtbody  wus  surprised  to  tind  thai 
Cesnock^s  defeicc  of  proving  himself  alihi^ 
that  dav  cond^ccnded  on  iu  the  libel,  nhen  hi 
should  liave  uttered  the  expressions  above  se| 
down,  lo  find  lliis  most  vnlid  defence,  I  sayi 
repelled  by  the  lords  ;  and  this  was  a  ii rests g^ 
of  what  the  issue  would  have  been,  had  do| 
probation  failetl.  With  this  Interlocutor  the 
court  adjourned  lo  the  2?th. 

Upon  Thursday  the  97 tb,  the  assiisers  wert.] 

enlled  and  sworn,  no  objection  being  made, 
Tiieir  names  are,  sir  Robert  Dal^iel  ot'Gleneai 
John  Boyle  of  Kelburn,  13; v    •  *  -f* 

Iff  Kcllie,  sir  Patrick  I^Iaxwel  of  s 
John  Veitch  of  l>awich,  James  IS,,  .i.....i  uf 
I'osso,  John  Skene  of  Halyard*,  ii»  orge  llrum*  ] 
mond  morcliBof,  sir  James  Fleming  of  Hatha-* 
byres,  sir  John  Oalmaho>  of  that  ilk,  Andreifi 
Frazer  of  tCilmitndie,  Alexander  Nisbet  of  I 
Craigentinny,  James  Som^rwel  of  l>rmn|T 
•lajiies  jloyd  mcrchaut  in  Edinbtirgh,  Jame«  | 
Loch  of  Dt-ylie. 

For  ProbatiiHi  the  advocate  i>TOduceth  Th<iA  \ 
rrtan  Ingrham  and  David  Crawford. 

8ir  Pairkk  Hit  me  objected  for  the  pannef^l 
that  they   could   not  be  admitted,  '•  he^^u^tf  f 
p  rodidrr  unit  tst  Ijuqh  turn ,  and  rev  ea!  ed  w  ha  1 1  h  e jf  [ 
w  outd  say  to  his  raajesly 's  ad  r  oca  It?  and  olhci*  J 
and  also," that  his  majesty  *i»advOi'iUc  had  Ittkeo  | 
their  oath  previous  to  auy  warrrtnt  from  hit* 
majesty's  privie  council,   \\  hick  is  contrary  Iw 
his  majesty's  letter,  that  being  only  tccom* 
mendexl  to  the  lords  commi«»iionersof  juUiciarjf  j 
by  anexpre^s  warrant  from  the  lords  of  council  j  j 
aiid  it  is  a  certain  rule  In  law.  that  *  te*tii4re-J 
'  V elans  tc^titnnniutn  iuum  p^irtibus,  a  lestiino- 1 

*  iiio   repelliliir/    :md    the    ri^son    giveu    hf\ 
lawyers  is,  •-  nc  ex  illius  diCto  alii*  teMes  su!)or*  J 

*  iventur,'  Mascard.  de  prob.  courl.  359.  No.  MX  j 
2do.  Because  iu  proving  the  pr*jteudrd  crimepi 
tbey  acknowleilged  ihemjielves  guilty  ofilifl 
cf  itoe  \i  hereof  the  (lanncl  is  accuse  d,  qs  is  cleiif  ■ 
from  I  hi*  common  liiw.  Cod.  de  a  ecus,  et  in- 
scriptr    Llttg.  Decause  it  is  o0'«red  IQ  b^  ^TL<!r<(^^ 


65]         STAT£  TRIALS,  36  Charles  II.  i684.~&V  Hugh  Camphetl.         [96G 


the  witness)  bad  most  seriously  expressed  biro- 
elf  in  these  words ;  and  urged,  tbat  lii^rham 
vald  not  be  admitted  to  Ce«u(>ok*s  prejudice, 
ml  dti'd  many  famous  lawyers  to  prove  tbis. 

The  Kind's  Advocate  replied,  That  griving-, 
rat  not  grantin^^,  tbat  the  said  In^haui  bail 
lias  expressed  bimself  in  a  passion,  it  could 
not  ralioually  be  tboui^bt,  that  now  in  cold 
Uood  be  would  so  desperately  and  wiHully 
Aunn  his  own  soul  by  perjury,  to  take  away 
die  life  of  an  innocent  gentleman,  especially 
enridering  be  could  pro|)Ose  no  other  reward  to 
Umseff  ttian  damnation.  He  added  further, 
**to  make  it  evident  to  the  world,  tbat  the 
libieMes  have  no  design  to  swear  falsly,  I  am 
free  to  declare,  tbat  when  they  were  brought 
is  to  ne,  1  examined  if  they  could  say  any 
lUiig  anent  the  late  rebellion,  and  Cesnock^ii 
■oeeHion  tbcrcnnio.  They  answered,  they 
oMiU  say  nothing*;  but  when  once  1  had  made 
ihm  iwear  as  to  what  I  should  interrogate 
AeB,  thej^  defioned  in  the  same  express  words 
BMlained  in  the  indictment,  which,  added  be, 
ckirly  erinceth  that  tbcy  had,  and  yet  have 
Ike  immsion  upon  their  cnuscieucifs  of  that 
fcndful  imjeiAy  of  G mi,  who  is  J  udge  to  this  and 
ID  their  actions:''  and  the  advtMrate  i*oes  on, 
'^hiilhis  man  come  in  voluntarily  anil  offered 
liABMe  against  Cesnock,  it  woulil  have  said 
Mai;  but  sceiug  be  was  brought  in  by  force, 
led  without  his  own  inclination,  the  oujection 
■ede  against  bim  can  be  of  no  force.*'  This 
dJNMiie  was  abundantly  well  calculate,  lor 
faipoff  Ingrbain  firm  to  the  dcpositiou  'be  had 
■MBm  in  tlie  precognition,  which  was  all  th:* 
I  wanted. 


CflHMck's  advocate  was  in  no  difficulty  to 
'  all  the  Advocate  advancf>d.  It  was* the 
t  thing  in  the  world  to  put  matters  in  this 
to  serve  a  turn ;  and  people  of  no 
e,  or  under  the  power  of  revenge, 
kHt  BO  pvat  impressions  of  damnatiou,  or  of 
Mand  nis  awtui  m^esty:  aud  if  any  who 
ittited  these  considerations  were  privy  to  any 
Meert  and  collusion  in  tbis  matter,  tlicy  have 
hi  as  little  imjiression  of  those  tremeudous 


Bat  fuithery  the  Advocate  for  the  Defender 
4b«4te  i»rove  tbat  this  witness  was  suborned 
jMvnr  against  Cesnock,  and  had  got  largely 
Nlif  HKHiey  and  victual  for  bis  reward,  and 
hi  aot  only  sold  himself  to  tliis  abominable 
Pljaiyy  but  "had  iuticed  aud  induced  othci-s  to 
imoM  coarse. 

Uaon  tbis  allep;ation,  the  Justice- general  de- 
W,  ibat  particulars  might  be  condescended 
fHL  And  air  Ho^h  declared,  that  he  was 
Nl  iafomied,  and  would  instantly  prove  it, 
hithb  fellow  (Ingrbam)  was  hireJ  by  Hugh 
*"""  ftctor  to  the  deceast  lord 


^ 


oondcsoension  was  made,  the 
I  BOt  but  admit  Cesnock's  witnesses 
rihppiaofaf  what  was  advanced.  Accord- 
^.  two  miMMes  were  adducetl  who  de- 
''   '  Ingrbam  bad  sworn  in 


their  bearing  and  presence  a  great  oath,  *  Tbat 
*  be  would  lie  avenged  upon  Cesnock  if  there 
'  was  a  way  out  of  hell  to  do  it.'  Great  pains 
was  taken  to  cross-question  the  wituesses,  and 
the  interrogatories  were  put  to  them  severally 
in  tlie  others  absence,  yet  they  exactly  agret'd 
in  every  word  as  to  this  matter  :  J)ut  then  iu 
another  quer}-,  tie.' *  Wheu  spake  >t>u  oi'  this 
»  matter  together.'  The  one  answered,  *  lie 
'  does  not  remember  that  ever  they  spake  of  it 
'  together,  unless  it  was  yesternight ;'  and  the 
other  declared,  *  He  did  not  remember  they 
'  communed  at  all  upon  it.'  This  inconsider- 
able variation  not  affecting  the  matter  of  the 
cause,  was  handle  enough  to  such  who  were 
seeking  an  occasion  to  cast  every  thing  pro- 
posed m  Cci^iiock's  deience. 

Next,  two  other  witnesses  were  adduced, 
▼iz.  Inu^rhanrs  father  and  mother,  who  de- 
poned they  had  seen  Wallace  give  to  Ingrbaiii 
several  pieces  of  money,  but  of  what  value 
they  could  not  tell;  whereupon  Ingrham  him- 
self was  interrogate,  and  declared  be  bad  got 
from  Wallace  half  a  crown  at  one  time,  and 
ten  shillings  at  another,  but  he  kiiew  not  ujkiii 
what  design.  The  king*s  advocate  said,  it 
might  be  iValUce  had  given  Ingrham  that 
money  for  some  services  be  had  employed  him 
ill  ;  and  that  he  himself  used  to  employ  the 
said  Wallace  as  being  a  sharp  roan,  and  very 
acti^'e  for  his  majesty's  interest. 

Aller  the  Lords  had  heard  these  debates  upon 
the  witnesses,  they  reasoned  at  a  considerable 
length  upon  them  before  they  catue  to  au  In- 
terlocutor. That  eiAJnent  lawier,  n>y  lord 
l^tmeddeii,*  debated  much  whether  witnesses 

*  it  ap))earsironi  Wodrow,  vol.  %  p.  605, 
tbat  lord  Pitmeddeu  (sit*  Alexander  8eton)  one 
of  the  Lords  of  Justiciary  at  the  time  of  this 
Trial,  was,  iu  June  1680,  removed  from  that 
otfice  by  a  hotter  from  the  king,  which  is  re- 
corded in  the  Justiciary  books.  ^^  His  car- 
riage," says  Wodrow,  **  in  Cesnock's  Case, 
stuck  with  the  managers,  aud  now  be  would 
not  go  into  the  iiieasures  laying  down  for  bring- 
ing in  l*opery,  aud  tlieiet'orc  ne  is  turned  out 
of  his  ]K)sts.  His  ability  in  law,  particularly 
the  criminal  law,  is  pubfirly  di»q)vered  in  bis 
inlition  of  sir  (jeorge  Mackenzie's  Crimiuals, 
and  his  love  to  all  branches  of  learning  ap- 
pears in  his  curious  and  vast  library." 

Lord  Hailcs,  iu  the  Notes  on  bis  Catab^gue 
of  the  Lords  of  Session  (Note  78)  has  puhlisht'd 
the  account  which  lord  Pitmedden  himself  iu 
his  MS.  Notes  to  the  Acts  of  Sederunt  gives  of 
his  removal.  It  is  as  follows :  *'  Tliere  weie 
great  pains  taken  to  bring  over  l^itmefldcii  to 
the  court  side;  and  the  lord  Maitlaiid,  then 
popish,  and  many  others,  were  sent  by  the 
king's  commissioncT  to  deal  with  him ;  and 
farther  preferments  were  oileiod,  on  condition 
he  would  but  iorbi-ar  to  argue  for  the  penal 
laws.  To  which  he  answered,  be  was  bound 
by  the  oath  of  parliament  to  give  faithful 
counsel,  as  well  as  faithful  vote;  and  liemg 
impregnable,  the  letter  [of  dismissi'jti]  was 


%7 1         STATE  TRIALS,  36  Charles  II.  l68  i.-^Proeerimgi  ggg'mgt        [968 

("ould  he  ?\aniiae<]  upon  oath  in  a  precognition, 
ami  bnjiigiit  siirb  nrfri'Hients  afrainst  this  aa 
couid  i!iit  be  answered,  save  by  tlic  king's 
letl«2r  allowing  ir,  inipetratc  with  an  eye  to  tuis 
and  kuch  like  processes.  My  lord  himscit'uas 
p!caM.-d  to  iiirorm  ine,  "  Tliut  be  moved  to  the 
Lords,  at  Uast  that  this  nii^^ht  be  done  ;  since 
by  the  kind's  letter  the  wituebses  oaths  had 
licen  token,  that  beibre  tliey  were  readmitted 
to  swear  in  the  same  affair,  their  former  de- 

Eositions  might  lie  torn.  But  this,  for  as 
iv^bly  reasonable  as  it  must  apiieary  was  pe- 
remptorily refused.  However  (added  he)  the 
witneiises  in  prc&eucu  of  the  assize,  deponed  in 
tavours  of  the  paonel  contrarv  to  the  tenor  of 
their  first  dc()ositious,  which  tfiey  were  said  to 
have  ;;-iven  in  the  first  precognition." 

At  Icu^^h  tli<{  Lonls  came  to  this  Interlo- 
cutor. **  The  Ijords  havi.ig  considered  the 
objections  against  tiie  witnesses,  and  the  de- 


produced  against  him  ;  but  not  till  he  was  ac- 
(juainteil  of  it,  and  had  refused  even  to  go  to 
bpcak  with  the  President  of  tlie  Session,  to 
whom  the  production  of  the  letter  was  com- 
mitted. And  it  is  farther  to  be  observed,  that 
after  production  divers  persons  of  qua^ty  were 
set  on  iiim  to  come  l)ack  to  his  place,  on  con- 
flition  of  compliance  in  time  to  come:  and  to 
this  end  the  kiiio*,  who  had  preferred  Pitmedden 
to  be  n  Lord  ot  Justiciary,  ibr  his  parts,  ami 
suffering  for  the  myal  family,  did  forbear  to 
present  a  successi>r  to  him  in  the  session  till 
5th  February  1687  ;  and  the  Convention  of 
Kslates,  a.  p.  1689,  made  this  and  some  other 
ovcrtnrniu;^  of  juHges  one  of  the  causes  of  de- 
pi  tsinir  king  James  from  his  royal  dimity. 
KaiilH-r,  kin^;  Jain(  s.  ufttriiis  exile,  was  heard, 
iioth  in  Ireland  am!  Kniiiec,  tf>  regret  his  car- 
riage to  Pitiutddcn,  and  to  biuniu  his  ipieen 
for  it. 

••  St.  Babil,  being  in\ittd  by  3Io<lestus,  by 
conitiiaiid  ofValens  the  ein|ieror,  to  turn  Arian, 
with  n  promise  of  rewards,  and  threatcntMl, 
with  n(i.i!sh:iu:i)is  if  !ii-  lurived  nut,  autiweied, 

*  Itevva/ds    \u'i\'   fit  to  tempt   children,   and 

*  tljiviils  i,;ti  riif\  coward^.'     Tlitodoret  Hist. 
Ereles.  1.  1,  c.  17/' 

ijiixl  iiaiies  proceeds:  *'  I>ird  F«ninluinliall 
obsenes,  that  in  the  jiarlianient  IdGO,  of  all 
the  Judges,  Pittneddeu  only,  like  Athanasius, 
opMDsed  ihc  court,  vol.  l/ p.  i  i7."  I;i  this 
page  of  Fouutainhail,  I  flud  theioilouing  pas- 
sage: ♦•Feb.  11,  108(J,  >l:-.  Alexaiuler  Mal- 
roini,  of  Lo( iioiv^  .\d\oi-ate.  hU  hlier  Irom 
the  king  is  read,  iigiuiuutiug  hiui  a  lord  of  the 
session,  in  place  of  i>ir  Alexander  Seion,  of 
Piti:;cd^k.'n,  laid  u.'^ide  in  .Vay  last,  for  opposiiipf 
the  pa|iists  in  parliainei.:,**  but  nothing  about 
AtiK.nu.4'iis.  Lord  [lailes  in  his  Notes  on  the 
Caiaiog;ie  oi  the  Isolds  of  Session  meuiiuns, 
that  in  the  year  168J>  a  new  commission  uii- 
der  the  great  seal  was  irr«uite<l  to  the  Lonls  -i 
Session,  and  sa\  s,  that  upon  that  occasir-  r  '■.  .rtl 
Pitmedden  (MS.  Notes  on  the  liooks  •.!  ^sede- 
rent)  obserres,  that  ''  it  makes  tlv  ii  places, 
which,  by  the  act  of  James  (>,  were  ad  viiam 


bate  tlierraneJit,  they,  In  respect  of  the  an« 
swers,  repel  th«*  objection  ancnt  proditio  Usli* 
moiiii,  and  re\w\  the  second  defence  as  to  tnaut 
criminis.  And  the  Lords  having  oonsidered 
the  other  olijections,  and  heard  the  witnesses 
adduced  by  the  pannel  lor  proving  the  saine, 
ordain  Thomas  Ingrham  and  the  rest  of  the 
witnesses  adduced  by  his  majesty's  adrncate, 
to  be  received." 

When  Ingrham  was  brou^it  in,  and  hoM- 
iiig  up  his  band  to  swear,  sir  Hugh  directed 
himself  to  him,  and  s*aid,  '*  Take  heed  now, 
what  you  are  about  to  do,  and  damn  not  your 
own  sod)  by  perjury,  tor  as  I  shall  answer  to 
God,  and  upon  the  peiil  of  mine  own  sool,  I 
am  here  ready  to  declare  I  never  saw  yoa  ia 
the  face  liefore  this  process,  nor  spake  to  yuu." 

Then  Ingrham  was  solemnly  sworn,  and  in- 
terrogate upon  the  whole  Artick*s  of  the  libel. 
Several  things  fell  in  this  witness  his  esimi* 

Tclculpam^  become  arbitrary- ;  and  therefore  I 
opposed  it,  and  aherwanls  found  the  froili  of 
it,  when  I  was  turned  out  of  my  place,  as  one 
of  the  number,  for  no  other  cause,  but  the  op- 
position I  made  to  toleration  of  popish  idohtiy, 
in  the  parliament  holdeo  a.  d.  1686." 

Lord  Iiaiies  (uhi  sup.)  informs  iis,  tbttthe 
king's  letter  to  the  Court  of  Session,  intimttiiM; 
the  dismission  of  Pitmedden,  bears,  that "  ^c 
hare  removed  him  for  reasons  best  knovni  to 
ourselves." 

The  «  Claim  of  Right"  passed  intbeCon- 

vention  of  Estates  at  Edinburgh,  April  11th, 

1G89,  recites  in  the  csitalogue  of  measures  W 

which  it  is  tbund  and  declared,  that  king  Janes 

'' invaded  the  fundamental  cor.stitution  of  tbf 

kingdom,  and  alttTid  it  from  a  legal  limited 

I  monarchy,  to  an  :;riutrary  ticspotic  power,  and 

'  haih  exercisexl  the  same  to  the  siibversion  of 

the  Protestant  religion,  and  the  violation  nl  tbe 

laws  and  liberties  of  the  kingdom,  invertiDg  iU 

the  ends  of  government ;  whereby  lie  hath  for- 

leited  ihe  right  to  the  crown,  and  the  tbrooeii 

become  vacant,*'  the  folioviirg  articKs  *-Bj 

sending  letters  to  the  chief  court  of  justice, 

not  only  onlaining  the  judges  to  stop  and  d^ 

sist  sine  dtc  to  dt- terminc  i  au»es ;  but  al^  •^ 

dering  and  commanding  them  how  to  proced 

in  cases  depending  before  them,  c«-.iuar)'  ^ 

the  express  laus  ;  and  by  changing  thenaunt 

of  the  judgis'   gifts  ad  vitum  aut  luipam^  ttti 

I  giving  them  commiiBsious  (/./  Unrpiariium^  to 

j  dis|Hisc   thoni    m   compliance    with  arbiovj 

ctiurses,  and  turning  them  cut  of  their  officei 

j  when  lliey  did  net  comply.'* 

I      Lf»rd  PiiiiiLMtiien  pnbliVhcd  a  tieati^  **0{ 

\  Mutiiacioii  and  Demembration,"  subjoined  w 

!  the  second  editiiiii  of  sir  (tceorge  ^laekenzie'i 

'  *  Law  of  Se<«iland  in  M:aters  CriminaJ,*  Wi 

i  tiP9 .    'I'his  tr(*utij)e  fAtr\k s  that  the  author  hd 

*^tl  many  hooks.     lx>rd  11;ales'  Noti4  0D  ihe 

;  ataiogue  of  the  l»rds  of  Session.    It  appflU* 

I  hat  Sctou  \%as  made  a  Lonl  of  Session  in  ihi 

year  1677  ;  and  Wodrow,  vol.  9,  p.  605,  spfliki 

'if  him  as  being  alive  when  tbaft  nduiiM  vM 

published  (172^2). 


STATE  TRIALS,  SSCmaelhs  IL  l684.— 5«r  Bugh  CampSSl, 


1,  which  we   caniiut  expect  to  meet  %vith  , 
the  refcislere.     And  tliept'tbre    I  bltalt  pjive  , 
'  Depositicm  of  Uiih  the  wiliiesHfir  a.^  lliey  \ 
1,  «Dd  then  a  lartfir  at^cooiit  of  ihe 
from  gCKjd  vouchers  be! ore  nic, 

T^kjMkts  Ingrham  in  Bt^rkntls,   aged   thirty  ' 
yetirs,    deiHNies,   Tliat  havinj^    nitt  the 
lifcin)  of  Cesnock^  at  Oauid  t'rrtwfoni's  houve 
'n    Guhtoun,  at  the  time   libt^llt-it,   he   heard 
e«nock  ask   from    whence  Ihey  caiiip^  and  ; 
aniel  answered,  fpini  the  Wrsl-lond  i>arty  ;  i 
md  that   he  asked^  who  coniinaiided   ttieni,  , 
iniwfoiil  said,  one  HAmilton.    And  the  depo-  . 
I  being   inlen-OjLfate  upon  the  rgst   of  the  ' 
if  depones  he  knows  nothing  i*i*  it.     And 
thii  is  the  truth ,  as   he  shut  I  answer  i    and 
cannot  write.  Hii;  Subscntfituf^VsMTU,  L  P,  D.  j 

Daniel  Crtmford,  a^ed  30  years  or  iherehy,  ,' 
iftnrtHf  purged,  aoU  «wom'.  depones  ne^ja-  | 
»■  cly  to  I  ij  e  w  hoi  e  I  ihe  I .     And  this  is  t  Ji  e  truth , 

id  dejMinti*  he  cannot  write, 

S(C  Hubscribilur,        Pehth,  I.  P»  B. 

The  assize,  with  one  voice,  hy  the  mouth  of 
ir  John  Dahoat>oy  their  ctiaoeeUor,  bsiving: 
sidered  tiie  indiitnient  and  d^pofiiiiouf} 
if  the  witnesst-«,  a;»'aiost  sir  Hugh  Caniphell 
~  IcTof  Ceanock,  finds  the  lihel  not  proren. 

Sk  Sut/scrtbitur,  J*  IhUAXAHOTt^  Chancellor. 

The  PanuuJrs  Procurators  asked  atj4  took 
instruments  uf>oii  the  Verdict. 

Thus»  ciintinues  ^Vodl'ow,  the  process  stands 
the  records,  and  more  we  could  not  look  for. 
iat  it  U  worth  the  reader^s  while  to  iiave  the 
letail  of  I  he  circumstances  of  this  remarkahle 
Ixaminaiion  from  ihc  papers  ahuve  meniioned. 
ud  they  inform  rne,  that   Ingrham  dpj)oned, 

b%:Ui^  in  the  housv  ot" Crawford,  Ces- 

^  e»rnc  to  the  dtnir,  and  having*  calletl  upon 
Wid  Cm ii*^ ford,  ht  asked,  yvbal  men  those 
wlio  were  in  his  house  ;  Crawford   answen  d» 
were  men  lairlv  come  from  the  West- 
army.     Then  tesnock  asked,  who  cnm- 
ids  there.     Crav? thrd  answered,  one  Robert 
lilToan.     As  In^rham  was  coing^  on  in  his 
tion,  one  of  Cesnock*8  Tawjers  asked 
,  whether  he  had  communicated   xhh  to 
others,  to  seduce  them  thus  to  dt'pooe, 
toM  him,  he  wa.s  wtw  under  a  tleeji  oath, 
nd   nothinjjj    less    than    his    wul    at   stake, 
fiarhani  anijw'ert'd,  t  hclie*'i'  I  have  spoken  of 
in  iever-ils.     Then  the  ju slice ^nieraJ  asked, 
XVsni*ck  spake  any  other   wonis  to  Crnw- 
»rd  ;  IftLfrhjui  answered,  My  lor*!,  I  am  now 
my  g^i'eat  onth,  and  I  declare   I   do  not 
roiienihcr  he  spake  any  more  at  all. 

Upon  tJM9  there  wais  a   great  should   and 

'^lappingr  of  hand^  in  the  court ;  at  which  the 

iMiag^s  advoCHle  ^d  tn  a  ^^real  paiifkM),  tJMi 

W  Mid^  diat  Cesnock  bad  btred  hia  fvioids 

10  make  tliia  acclamation,  lu  order  to  conibutid 

the  kind's  Lvidence,  and  he  never  he^wd  oi' 

a  Protrstant  roie,  cjtccpt  in  the  trial   of 

that  he  had  always  a  kindness 

iwafioa  till  now  ;  thiit  he  was  eon- 


Tinced  in  his  couiicience,  it  hugift  the  mo6| 
ilamnahle  trinket  in  nature. 

Afler  silence,  the  justice -^enaral  interro- 
gales  [n^ham  asaia  ;  who  answered,  tie  had 
jiftid  as  ujnch  a^  he  could  aay  upon  oath.  And 
the  ju»iite-ifeneral  offering:  &  third  time  to  in* 

terrufrattf  ingfrhftm, NisbetofCiaigeiitinny, 

one  of  the  assi^cra,  rose  up  and  said,  **  My 
lord  juKtice-gmeral,  I  have  been  an  aasiiser  io 
this  court  above  twenty  times,  and  never  heard 
a  witness  interrogate  upon  the  «atne  thing 
more  than  twice  ;  and  let  Cesuock^a  ptrswa- 
sioD  be  what  it  will^  we  who  are  asat^ers  aiid 
are  to  cognosce  upon  the  probation  upon  the 
ueril  of  oor  souls,  will  take  notice  only  to 
iagrham*s  tirtt  deposition,  thoug'h  your  ferd- 
ship  should  interrogate  iiim  twenty  titnca/^  The 
Justice-general  answered  him  with  warmthi 
**  Sir,  you  are  not  judges  in  tbia  case."  The 
laird  oi  Drumf  another  of  the  assizem,  pre* 
seniJy  rephed,  "  Ves^  my  lord,  we  are  only 
competent  judgea  as  to  the  probatioo,  thougn 
Dot  of  its  relevancy."  Whei-eupon  the  whole 
aittiisiere  rose  op  and  assented  to  m  hat  those 
said.  The  justioe-generalin  a  great  heat  satd, 
*^  I  never  saw  such  an  u[irore  in  this  court, 
nor,  1  believe,  any  of  my  preifecesaoi's  before 
me,  and  it  is  not  us  you  oontemn,  but  his  ma* 
jegtv'sautliority/' 

ijil^ce  being  commanded^  Cmwfotd  the 
other  witness  wa<i  eallwl  in,  who  being  deqdy 
sworn,  and  no  object  ion  being  made  agninft 
him,  be  dcpontnl  negative,  '*  That  he  did  not 
see  Ceanock  for  a  considerable  time  either  be* 
tort"  or  after  Both  w  el -bridge ;  that  he  does  not 
remember  that  Cesnock  apake  any  thing  to 
him,  either  about  tlie  West-land  army,  orwhe 
command i;^  them/* 

Whereupon  there  was  another  greal  ery 
made,  and  clapping  of  hands,  which  pot  the 
Justice-general  and  AdTocate  into  a  great  rage, 
a&  what  they  reckoned  an  irreverent  insulting 
of  ibe  court.  Then  Cesnock 's  adrorutea  craved 
the  Probation  might  he  remitted  to  the  know- 
li*dgeof  the  Assise,  which  could  not  be  refbsed. 
Ano  alter  a  short  speech  made  to  them  by  Ccs- 
Dock*s  lawyers,  they  inoJrtsed  tbentaelven,  and 
very  soon  returned  their  Verdict,  Not  Goihy. 

Upon  which  Cesnock  took  iD?<trumenta,  and 
Ills  advocate  enrved  be  might  be  liberate,  in 
respect  n<iihing  was  proven  against  him.  The 
Jim! ice- general  an.>$^vered,  that  seeing  be  was 
the  kittg^t  priaener,  tbev  mast  have  bis  tna- 
jesty*s  mind  befbre  he  be  liberate.  Cesnock 
replied,  that  he  was  content,  fm*  he  was  ahun^ 
dantW  certain,  the  guiH  charged  upon  him 
could  never  be  proven.  The  court  sat  late,  ot 
rather  rarly,  it  betiig  about  two  of  the  dock  on 
Friday  morniner  before  they  rose,  and  Cesnock 
was  returned  to  prison. 

It  is  very  eviffent  ipon  the  whole,  there  WM 
a  design  formed  to  hf  rng  this  worthy  gentle - 
mun  tinder  a  ;H*ntence  of  death,  and  at  least  to 
take  his  estate  from  him,  though  there  were 
tew  gentlemen  less  obnoxious  to  the  lawa  than 
he.  We  see  that  now  no  methods  Were 
belled  at»  though  uever  so  rile,  Io 


I 


I 


I 


I 


I 


971 J  8TATL  TRIALS,  36*  Chaklbs  if.  \6S4.'^PreceedMugs  agmtut         [072 


plish  wicked  de«jg;ns.  Suborning  of  wiuia»es 
IS  very  palpable  iu  this  case  ;  who  were  guilty 
is  not  Diy  provioce  to  determine  :  and  the  king 
most  be  drawn  into  this  affair,  bj  procuringf  a 
letter,  which  we  have  seen  above,  ordering 
precojrnitioDs  to  be  taken  upon  oath  by  the 
justiciary  ;  and.  yet  we  find  iu  this  case  they 
were  taken  by  the  advocate  alone. 

It  may  be  proper  further  to  remark,  in  order 
to  the  reader's  having  some  idea  of  this  go- 
vemiQent,  that  ^be  iusiice  court,  which  ought 
to  be  OKoat  just  and  fair,  and  give  all  allow- 
anoes  in  cases  relating  to  mens'  lives  that  law 
and  equity  suggest,  were  in  this  case  evidently 
partial  in  refusing  the  relevant  exculpation  of 
MlUdy  at  .the  time  libelled,  in  casting  Cesnock's 
witnesses  for  exculpation,  and  repelling  the 
most  relevant  defence  propounded  upon  a  tri- 
fling circumstance ;  and  in  their  unaccountable 
carriage  to  Inghram  when  u|>on  oath,  and  their 
open  endeavours  to  push  him  to  perjury,  so 
jjain,  as  the  assizers,  none  of  thein  Presbyte- 
rians nor  favourers  of  the  sufferers,  could  oot 
bear  them  ;  and  iu  their  hectoring  and  abusing 
these  gentlemen,  lor  acting  j^  conscientious 
persons  woidd  do. 

And  if  those  were  tbeir  methods  with  gen- 
tlemen and  before  law}ers,  we  may  easily 
guiess,  how  little  justice  or  equity  iHiur  simple 
countr\  people,  who  could  not  bell  the  cat  with 
them,  had  to  look  tor.  And  what  sad  work 
would  we  meet  with,  if  we  had  full  accounts  of 
their  procedure  from  one  who  knew  forms  and 
law,  and  had  been  a  witness  to  their  proce- 
dure *. 

-I  caunot  pass  llii.<>  process  without  remarking, 
that  several  uftlie  assi/.c-rs,  and  otlicr  gentle- 
men in  the  house,  wul-  brout^lit  to  no  small 
trouble  for  the  noi&c  in  the  couil,  at  Jnt^ham's 
declaring  he  could  say  no  more,  which  the 
advocate  \i  as  pie.ised  to  call  u  L'rotostanl  rore. 
And  indeed  so  lie  n)i<<^iit,  for  it  v^us  an  evidence 
of  the  satisfaction  of  the  spectators,  at  tiie  mis- 
fi^ivipg  of  the  design  of  the  managers  now  giv* 
mg  into  a  popish  successor,  and  tyi*anuical  and 
aroitary  measures.  Seveials  were  brouglit  be- 
fore the  council,  and  by  them  remitted  to  crave 
pardon  of  the  jubtici.iry.  I  gi^c  it  as  it  stands 
iJi  the  criminal  hooks,  April  'J4. 

'' Appean  d  sir  Patrick  Maxwel  of  Springkel, 
Alexander  \isbet  of  Orai^iiitinfjy,  James  Lind- 
say of  Druiiiburgj  bcini;-  pursuei]  I)€i6re  the 
council,  for  makin'^  a  noise  in  the  time  of  Ces- 
nock^s Trial  when  the  u  itnesses  were  examined, 
and  were  ordained  to  ap^H^ar  before  this  ex>urt, 
and  make  ackuowkdi^'emcnt  and  ai>ology  there- 
fore, which  this  *lay  they  did.*  " 

We  shall  iust  now  hear,  ihat  A[>ril  17th  Ces- 
uock  was  allowed  free  prison.  And  June  39 
I  find  by  the  Kcgisteij  that  the  witnesses 
against  Ccsnock  are  still  in  prison,  but  tliat  day 
tijc  council  allow  theia  free  prisson ;  and  for 
any  thing  i  knuw,  they  eouiiimed  a  consider- 
able time  in  prison;  For  September  10  the 
f  oimcil ordain  lugrham  and  Crawford  witnesses 

•  «*aVol.  a,  p.  aiJi. 


against  Cesnock  to  be  examined  by  the  Com- 
mittee for  public  affairs.  The  day  before,  Sep- 
tember 15th,  tliey  send  Cesnock  and  Mr.  Jono 
Rae  to  the  Bass.  October  13.  1  tiod  the  coun- 
cil order  the  witnesses  agmiost  Cesoock  to  be 
continued  still  in  prison,  and  they  are  allowed 
sixpence  a  day.  What  they  expected  from 
these  witnesses,  or  for  what  ends  they  were  w 
long  dctaineil  1  cannot  say :  only  we  shall 
find  that  Cesnock  was  afterwards  forl'eited,  sod 
his  estate  given  to  Mel  ford.  In  all  this  matter 
this  gentleman  hath  nothing  relative  to  the 

{dot  laid  to  his  charge,  though  that  was  the  al- 
eged  cause  of  bis  imprisonment. 

December  3d,  1684.  TheComicil|^iTeorden 
to  the  Advocate  to  raise  a  process  ot  forfeitore 
before  the  parliament,  by  a  summons  in  Latin, 
after  the  old  way,  under  the  quarter  seal,  uim 
a  charge  of  sixty  days,  against  Cesnock  eUer 
and  younger,  Jerviswood,  and  several  others. 

January  7,  1685.  In  the  Council  a  Letter  ii 
read  from  the  king  apfioiuting  certain  noble- 
men and  gentlemen  to  be  processed  before  the 
ensuiujg  parliament^  and  the  Council  form  the 
following  act : 

'The  lords  of  fiis  majesty's  privy oouocil 
'  ha>  ing  a  letter  from  the  king  dated  Whheball 
'  December  *J4,  signifying,  That  his  mtjcidy 

*  having  indicted  a  session  of  parliament  to 
'  meet  at  Edinburgh  the  10th  March  nest  is 

*  come ;  and  seeing  his  iniyest^'s  royal  brodirf 
'  cannot  stay  so  long,  nor  is  it  fit  lo  keep  die 
'  members  so  long  together,  as  sixty  days  majr 
'  run  from  their  first  meeting,  before  the  pro- 

*  cess,  necessary  to  be  raised  against  suck  as 

*  ai*e  arces:<ary  to  the  late  treasonable  coaspi- 
^  racy,  and  other  crimes  of  treason,  can  come 

*  in  ;  and  it  having  l>ecu  ordinary  in  the  r^igu 

*  of  his  majt>sty's  ro^al  predecessors,  to  is»ue 

*  out  processes  in  such  cases,  for  citing  those 
^  who  are  to  be  accused  ;  and  therefore  con- 

*  manding  his  advocate  to  raise  processes  be- 
'  ibre  the  said  session  of  parliament  imniedi- 
'  ately  at  sight  hei-eof  against  the  whole  per- 
'  sons  allermentioned,  viz.  Dcnholm  of  Wea- 

*  shiels, Stuart  son  lo  Cultness,  sir  Julrn 

<  Cochrane  of  Ochiltree,  James  8tuart  son  to 
^  sir  James  Stuart  Provost  of  Edinburgh,  tbe 
'  lord   Melvil,  sir  Patrick  Hume  of  Pulwart, 

*  George  i*ringle  of  T(»rwoodlcc,  Aoilrew 
»  Fletcher   ol'   ^Saitoun, Hume   of  Bai- 

*  senden, Hay  of  Park,  sir  James  Dtl- 

*  rymple  of  Stair,  Walter  Lockart  of  KirktCMiB, 

" Montgomery  of  Langshaw,  Joho  ^Veir 

^  of  Nev^ton,  Mr.  (.lilbert  Elliot  wr:tcr  io  £dio; 
*■  b^r^h,  Catiipbell  of  Ardkioglass,  mt 

*  Hugh  Campbell  of  Cesnock  elder,  sir  (iwr^ 

*  Campbell  younger  thereof,  the  heirs  (»f  tbe 

*  deceased  earl  of  Loudon,  the  heirs  of  lbs 

<  deceased  Mr.  UoU-rt  Martin  late  clerk  to  die 

*  justice  court.  The  lords  giva  warrant  accord' 

*  iugly.' 

"  In  relating  the  criminal  proceedingi  in 
S«utlaud,  which  .were  had  during  the  next  year, 


STATE  TRIALS,  36  Ch ARtts 


tim  Trial  of  Sir  Hugh  Camplicll,  Wod- 
WTites  (hns : 

^  By  the  written  Minutes  before  me  of  this 
Serilnt,  I  find  tbatCesoock's  Bill  for  excul- 
pation,  was  thi^  day,    May    Ht,   before  the 
lord»  of  the  Hftlcles,*  coo!iistlDff  of  his  defeuoei* 
that  he  was  aiibiy  that  bach  as  he  Lad  converx- 
^4  with,  wlio  were  at  Bulb  wet,  had  taken  I  hi; 
^^pd^  that  liis  case  was  *■  reK  Imctenus  jndicatco^ 
Mm  nn  enunirration  of  the  stejis  of  the  loyalty : 
But  t!ie  short  hinlK  before  me  do  uot  bear  wUaI 
I  done  ab^ml  it." 

lay  13th,  **  The  parliament  ratify  *he  pro- 

I  of  forU'iture  agpainst  Robert  HtLuiilton  of 

rtklnnd,  Mr,   Robert  Rally  of  Jerviswoodj 

I  Archibah!  late  earl  i*f  Ar^'yle.     We  hare 

I  ih^-se  were  three  of  the  mostiniqutius  sen- 

.«s  (iron oil! iced  by  the  Justiciary  ;  and  had 

i  tlie  ivitTie5i8e3  failed  in  C^^ennoct^tj  pr<K-es9, 

t  should  imVe  had  all  the  unjust  interloeutorii 

Dn  that  heail  ratified  this  day  likewise  in  all 

'abdity.'' 

Ittt  upon  reference  to  the  Books  of  Parlia- 
Dt  no  procee<hiigs  concerning  the  Camjtbellj!! 
"Desnock  have  been  i  found  under  this  dale* 


Of  the  jurisdiction  of  the  Scots  Parlia- 
nt,  Mackenzie  wriies  thus : 
'  Since  the  parliament  i$the  supreme  judi* 
y,  it  may  certainly  cocrnosce  all  causes  iti 
i  first  instance,     And  of  old,  if  a  person  ac- 
cused for  treason  did   absent  himself,  the  cri- 
I  jminal  court  nor  no  other  inferior  court  could 
^■pceed  to  take  trial  by  probntion  against  him, 
^H|  so  all  they  could  do,  was  only  to  denounce 
^mn  fuifitive  For  his  absence,  upon  which  de- 
Dunciattoo  his  escheat  did  only  fall,  but   he 
couM  not  l»e  forffittnl  ;    and  therefore  since  il 
was  unjust,  that  he  should  by  his  own  absence 
cure  to  hin:sti)fan  impunity  and  ej^emption 
forfriturc,  the  parliament  di(l,  by  their 
■retne  power,  cite  ibe  person  gaiilty,  to  ap- 
Lr  before  them^  and  did  lead  protiation  in  ao- 
» aipainst  him,  and  forfeit  In'm  in  absence 
^h  guilty.     But  It  being*  found  inconve* 
at,  that  parliaments  lieho?ed  either  to  be 
Hed.  or  such  delinquents  pass  unpimished, 
jrcfore,  by  the  1 1  act :  2  purl.  Char.  1-  it  is 
luted,  That  the  justices  may  proceeil  to  try 
nes  by  probation^  eren  when  the  person 
I  is  abstnt,  in  cases  of  treasonable  rising  in 
tli8,  and  optn  and  manlfei»t  rebtllion  against 
[  inajef^ty  or  hiii  ^ucce^on;  and  their  auiho- 
(tj  :  K*»  iIklI  the  parliament  ore  yet  only  judges 
|flie  triiil  of  all  crimes,  by  probation  aguni&t 
ents,  ejceept  only  perduclliou,  or  open  and 
anifest  trea.'KJO.     And  atlteit   it    may  se«m 
ngC;that  tlio  justices  should  tiavebeenal- 
t>wed   to   lead    probation    acfainst  absents, 
In  thrs  which  is  the  j^reatcst  of  crjmf:s,  and 
ittot  in  crimes  of  lesser  impoitance.     Yet  thla 
^■ioeeeded  from  tbt^  just  detestation  which  the 
^Brliament  bail  of  this  crime,  and  that  the 
^Knlshmeot   thereof  mt^ht   not   be  dtlayed, 
^^fcere  fhe  delay  mig^bt  prove  so  dangerous^ 
'  •*  If  the  parliament  foifeit  any  person  after 
cognition  ol  the  cause,  the  scuteuce  cannot  fie 


U.  I6fl4,— Sir  Hugh  CampbilL  f  y74  ^ 

May  15.  Wodrow  says,  "  The  criminal  pro-/ 
cess  eomes  on  a^iust  the  noblemen  atid  gseti-*^ 
tlemen  who  arc  cited  to  this  day.     The  lata  "^ 
alled^ed  ctinipiracy  was  the  pretext  of  forfeit- 
ing^;   but    this    process    was    really  intentodi] 
against     them    because    they     were    averse/ 
from   prelacy,  farourers  of  presbyteriatis  and 
possessors  of   gi»od  estates.    This  day  par- 
iiamcot  have  read  before  ihoai  the  King^s  Let*, 
'  tPY  lu  the  oouiicil,  and  their  orders  to  the  advo«  ' 
;  catc  to  cite  them  in  the  dtttay  ag^nsl  them  all*  J 
I  There  were  prr^ent  t'esnock  elder  and  youuy:er  ' 
[  and  some  otberf?,  under  date  June  13th .    Theie,| 
'  ditts}  is  read  charginaf  Cesnock  iiith  accession  , 
I  to  Bothwell,  and  both  of  them  with  the  plot. 
I  Tlje  advcK:ate  restricts  their  libel  to  the  jdot,  J 
,  anil  for  probation  adduces  Commissary  Monro» 
I  and  llip  gentlemen's  own  confession,  which  wai  * 
read,  viz.  that  they  acknowledge  they  were' I 
at  the  meeting  mentioned  in  Mcmro*s  deposi-  | 
tion,  and  throw  themselves  on  the  king's  mercy.  I 
And   Mr.   Caratairs^s    deponitions    were   read 
again,  the  parliament  found  the  dittay  praTen*'^ 
The  lonl  51  eh  ill  imd  Langshaw  are  senteoccd 
in  common  form,  but  in  Ceanock^s  case,  thi 

cjuarrellrd  by  any  inferior  judge,  act  39  pari*- J 
*Z  king  James  6.     And  thoiLgh  it   be  added  to 
that  act,  that  no  forfeiture  lawfully  an<l  or<  ' 
derly  led  in  parliament,  shall  be  quarrelled  by^ 
aT»y  inferior  judicatory  ;  for  these  words  *  law*^ 
fully  and  onlerly  led/  ceem  unnecessary,  sinc^l 
after  the  CiH^dtton  of  the  cause  by  the  parlia*  \ 
ment,  no  inferior  judicatory  can  quarrel  a  de- 
creet of  parliament,   eren  though   it  .be  pre. 
tended  that  t!ie  said  decreet  was  not   lawfoll 
and  orderly :  yet,  if  a  person  be  only  denounced  j 
iugitive  by   the  parliament,  the  lords  of  th« 
session  may  suspeniJ  in  that  easCf  if  the  process  ^ 
was  not  orderly  led ;  but  whether  they  can  i 
duce,  even  in  t"hat  case,  *■  est  alt  ions  indaginlii«** 
And  some  think  that  thou*rb  it  were  very  in-" 
convenient,  that  such  a  di^vrcet  should   receive 
present  execution,  where   |His»ib!y  the  party 
wasnot  lawfully  cited,  yet  that  «ueh  respect  w 
to  be  paid  to  tlie  parliament,  as  that  the  ille^ra^ 
lity  of  that  procwlure  before  rhem,  though  nob 
objected  before  sentence,  should  remain  nude 
tided  till  the  next  session  of  parliament. 

**•  W  the  parliament  shoubl  remit   anv  sudf  J 
process  for    crimes,    to    any    nf    their    ownf 
number,  to  be  decided  tiually  before  them,   it  ( 
bath    been  doubted,  whether  their  deciflion«| 
could  be  reduced  by  the  session  :    and  this  ac€  j 
of  parliament  reaches  otdy  to  decisions  in  jmr-  I 
1  lament.     But  yet^  si  nee  "decreets  pronounced  | 
by  commissioners  of  parliament  are  repute 
with  us  decreets  of  parliament,  and  since  de^^ 
creets  pronounce«l  by  cotnmi^isioners  for  valua* 
tloD  ofnends,  arc  not  reduceable,  because  these  ^ 
decreets  are  reputed  decreets  of  parliament, : 
being  pronounced  by  such  commissioners  ( 
parliament,  it  seems  that  decreets  pronoimce 
by  such  commissioners,  in  crimes  after  proba-1 
tion,  could  not  be  quarrelled   and  reduced  hjn 
the  session,    or   other  inferi^  judicatories. 
CnmluaJs,  pt«  S,  tit.  3. 


979]  STATE  TRIALS,  36 Ch ables  1L  t6Bi,^Prweiingi  ug&insi       \^(J 

<Ioe  heirby  atithonse  anff  rrqiiirp  \m  tf>  iml 
iKe  saids  sir  Hiigh  aticf  h^HAh 

prisoners lo  our  We  oi'  tfi  \n h- 

main  prtAoners  until  I  ue  uj^ 

dare  our  farder  pleasure  *  »»  ftr 

cfooitig  H hereof  (bis  filiall  be  io  yon  an^  rH 
others  who  may  be  U»ei*^iii  corjc^rt>e4  it^jirc 
tjveh%  a  sulHcient  warrant,  AnA  mm  mw  H 
ynii  heartily  farewdl.  Given  at  ourc'tcrtit 
Wbit«halt/tlie  7th  day  of  Jnly  WBS,  wwl  vf 
our  reigiie  the  fuid  year,  by  hts  luajrstirs  cxn- 
mand.  5/c  Suhscrtbitur^        Mcinaj^ir-" 

**  The  Loi'da  ©f  the  Conimittee  al'  htt  H 
ti«a  Priry  Couucill  for  |mbh*t-t  aflkin. 
gWe  onlijr  to  tlie  olerks  of  t^uncill,  lo  wrtiil 
sir  Uu^rh  and  air  George  CatE*tibelb,  aom 
Jttirfla  of  CeiiMNiJc,  to  repair  imnittliiiliy  i 
to  rec«»ire  iliecetincills  cocmaaiitis.** 

On  the  latb  ©f  Sepieuihcr,  '*  The  1 
derwritteti  is  direct  frotxi  thm  Couooll  toll 
Lords  Secretaries  of  State^  oflT  which  thet 
tollowes : 

**  My  Lords ;   There  being  a    Ldttr  Ins 


I 


time  aiMl  place  of  their  execiilioti  is  remitted  to 
the  king  simotkiter*  The  commiisioner  hav- 
ings sig^uitied  he  had  iostructioiis  to  spare  Uieir 
lives  IT  they  would  be  iogenous.  AfU-r  sentence 
was  pronounced  with  the  iistial  solemniti^, 
old  Cesnock  desired  leave  to  speak  a  word  and 
lilierty  being-  e^mnted  he  saiu  ^*  his  sentence 

'  M.v  ii^hiy^  and  he  wished  it  might  he 

n  itst  all  coDcerncdf  but  one  thin|^ 

ut-i    I  u  iinii  more  ihan  any  thing  which  con- 

'  cenie*!  tmuselff  and  that  xtas,  that  his  crethtors 
were  like  to  suffer  with  him^  and  humbly  sup- 
plicate that  his  grace  \ht  commis-sioner  might 
represent  their  condition  to  the  kmg^s  majesty* 
Ibr  before  they  win^  losers  he  would  rather  be 
content  lo  starFe." 

Upon  Inference  to  the  Books  of  Pafliamaitf 
the^e  proceedings  against  the  Cesoocks  1ia>e 
not  b€^  found  nnder  this  date.  Under  which 
however  appears  the  Act  of  AnueiatioD  of  se< 
veral  lands  to  the  crown,  spectiying  atDHiij^ 
other  traitors  whose  lands  are  annexed,  8ir 
Hugh  Campbell  of  Cesnock,  and  sir  George 
Campbell  of  Cesuock,  as  traitors  lately  for* 
faulted.  June  13, 1685.  It  is  act  42  of  king 
JamesTth^  Ist  parliament,  dated  June  16,  1666. 
In  the  Privy  Council  Register  of  July  Ist^ 
I686«  it  appears  thai  a  Letter  there  inserted 
whidi  wi&  written  the  day  before  to  the  Lords 
Secretaries  of  Slate,  was  read,  voled  and  past. 
This  Letter  among  other  matters  desires  '*  tkeir 
]ardshi|Mi  i^  ill  be  pierii^^H  to  remember  to  send 
down  tlie  reiutsaion  to  the  two  late  Lairtls  of 
CcMod^  whidi  w^  sent  up  mme  time  agoe 
aufkBd  with  my  brd  Advocate's  hand/' 

On  the  9th  of  Joly,  is  read  a  Letter  from 

Lotd  ^Hrretary  Murray i  in  which  he  writes^ 

.  *>  As  to  Cesnock^s  rennsston  }  hope  it  shrill  be 

\  dsnt  by  the  next  poet  with  the  liifniticatioa  of 

hia  majealy's  pkavure  theraauent.'^ 

On  the  drd  of  September, ''  The  Letter  uo- 
derwrilten,  direct  ^rora  his  moat  sacred  ma> 
jestie  to  his  Prif  y  Co  unci  11,  aneni  sir  Hugh 
attd  sir  Gef)rge  Caanpbles,  aotnetyuafs  Lainls  of 
Ceenuck,  for  aemkn^  them  prisoners  to  thi<  Isl^ 
of  Bass,  untlll  hia  ntajesiie  ahould  think  litt  to 
declare  hrs  tarder  fileaaiireooiieemmg  them," 
beiiT^  readf  was  ordered  to  be  recorded.  O^ 
w^iSb  Letter  the  tenor  followcs: 

JR. 
**  Eight  trustic  and  xvelbeloved  cousin  and 
coiincellor,  right  irustie  and  intirely  beloved 
couitn  ami  councelEors,  right  trnstie  and  right 
welbekived  cousins  and  coimceliors,  right  trus- 
tie  and  wdl  bdoved  rousius  and  couiiceDors, 
right  trustie  and  wetheloved  councetlors  and 
trusiie  and  well  Moved  counoclkni.  We  gr<?et 
you   well.      Whereas  we  have  been  gr»dausly 

8 leased  to  grant  a  remission  (of  the  date  nf 
jcfle  presenU)  to  sir  Ough  and  sir  George 
Campbles,  sometymes  Lniids  of  Cesnuck,  jor 
the  crimen  of  treason  therein  mentioned  to  be 
only  extended  to  the  securitie  of  their  lives,  in 
UMner  therein  fully  expressed.  Nevertheless 
not  bein^  as  yet  resolved  to  seU  them  at  tibcr- 
tie,    h  J$  Aow  our  will  and  ^kaiure,  tttd  we 


the  king,  ordortng  tlie  two  Caiu|>biee,  lilf  if 
Ceanockf  to  be  sent  prisoners  to  the  Bias,  sot- 
withstanding  of  his  majesities  reiniseieii  le  tk«si 
for  their  hves  and  being  at  treed^kin  tmd  \dmff. 
Bui  the  said  Cesoocks  being  jitit  at  bbernr 
u[ion  tbesaid  reotissioa  b^Jbr  the  said  Leltff  im 
coDununic^e  to  the  coiinciM,  the  Lords  irf  Us 
Committie  this  day  m<  ^^  '  '  '  1 1  to  ■finajirt 
your  lordships  howt  tnds,  ts  ill 

end  his  majestie  beir^  -   ^  ^  nmi 

plfttsure  may  be  kii  wmk 

shall  be  readdy  obeyLi_>  .:,^  ^  ^-i..i,,..i.t.    b 
whose  name  and  whose  comnNind  thnr  m 
signed  by  your  lordalii(}s'  most  hvin&b!e  sensit 
Sic  Subscrihiimrt         A  uKii .  G  Ukscv£»  " 

Onth^  5tlt*fn     T-  ♦•The  Letter  aiiiir> 
written,  direct  n  ul  Seeretai  y  Maiys| 

to  the  right  hon..;.,..o,u  ^  '■  -'v  ^  f  bis  tn^fS' 
ties  most  houiiurable  Pri>  r  anpoialel 

aComntitticiiir  ptjUIirl  uti  _  .  „,.i  ui  inr  ml* 
ing  the  two  i  ate  ot  Ce&nock  pi* 

soners  icj  the   H  -   r»-T*d  wli^,  onkfTedts 

be  recorded,  ami  ane  fiisjmlch  ^'>  V<t   v 

sent  to  Leweteneiil  CoUoneU     j  ,  -.r  ^i- 

prehending  and  bfinging  them  prisoiiMs  to  m 
said  Bass,  to  remain  therciu  till  him  niaii*<i— 
further  pleasure,  Fgllowesthe  tenor  of^e^ 
^id  Letter : 

"  My  Lords;  I  lo  ,     •      -   ,    ,  ^j^ 

t  h  e  1  Bth  1  nstan  I  sj  gn  *  J* .  .^ 

of  Glasgow,  in  yourluiusiin)i»  n  mmj 

a  letter  formerly  directed  troii.  it>  tkr 

Privy  Counciil,  **rdonug  llie  u>*.  i  ^naplilf*, 
late  of  CesMock^  to  be  sent  priiBooers  lo  tis 
Bass,  notwdhstandiog  of  his  r«  ' 
sion  to  them,  for  their  lives,  \ 
given  ane  accompt  tonhis  mi\it  sf  I 
now  c<»mmande4l  to  let  you 
not  well  satii^tied  with  thc 
made  in  putting  his  pJeasv. 
in  execution «  as  it  was  tu< 
Letter.  And  therefore  it  is  itui^  las 
ex^66«e  pleasure  that  with  aU  rfni^mirtrr  ^M^ 


1  ha*« 

It  fso 

know  bek 

t  basboeo 

iaei  ihm 


STATE  TRIAI-S,  56  Charles  II.  »634.— Sir  Hugh  Campbell. 


pjrs 


De  Tmir  lardships  cause  thcm»  tbe  satdt  two 

rCeflniJck»  lo  bt*  sent  under  a 

*  the  Bassi,  with  tU(*  necessary 

^:r  (fetalnetl  |msonf re  there 

rin^j  bis  iji  -asure.  J  am,  uij' lords, 

lordsiiii^  >  -M  ..-.  iaiinlde servani. 

ificSuhxrtibitur^        MoaiuT.*' 

t  Windsor,  ^9th  Sept.  16P5. 
owes  the  tfiior  or  the  Or<l or  given  to  Lewe- 
tenent  CoHonell  Murray  ; 
Yon  are  hereby  required  an  J  com  man  tied 
v|,«^  sight  heiTnt,^  io  oriior  a  sufficient  |»ai'ty  of 
>  ibe  ibrc^a  uniler  your  co)um)iiid  to  apprehend 
i  persons  o(  the  lw*o  Campbles,  late  ofCes* 
k,  aad  if nmed lately  to  cuuse  the  said  par* 
port  thsiiu  safely  prisoners  to  the  Isle 
^a«R,  there  to  be  demiited  pnsoiiera, 
■his  inajeslies  pleasure,  confnrni  to  a 
firect  from  the  lonl  Secret arie  ^Icjrray, 
^majesties  command^  dated  the  twentie 
'ay  of  September  last,  and  the  deputy 
Ibr  of  the  said  Isle  of  Basu,  is  hereby 
to  receave,  and  deteao,  the  aaids  two 
of  C€^nork  *,  prisoners  imtili  bis 
» iiinler  pleasure,  g^iren  att  Edinburgh 
4ay  of  October  1685. 
I  SubicribUui^        Taebat, 

Da,  Falconer  Ramsay." 


^,  fottiwing    Panages  from    Fount alnhatrs 
Vtcimns  relate  to  ihcse  Frocccdin^i : 


the  14th  of  July  1^2U  betwixt  liTingston  anff 
Gallouay»  where  the  lords'  so  tar  tlisappro^'ed 
such  extrojudicisl  ilecbirutions,  lliat  they  im- 
prisoned one  i'or  taking'  them,  •  j 
'*  Then  on  the  ':5tU  the  ilebate  began  ;  anl* 
it  was  aJleil'^'cd,  that  what  ihey  had  libelled* 
aguinst  C*esuock  the  panneli  were  at  mmi  but 
treasonable  speeches,  and  so  were  ex-pressly 
pardoned  by  tne  indeiimity  in  July  1079.  2.  ft 
was  positiv'iely  offert'd  to  be  pn»ren,  that  he  was 
oitli,  and  not  at  the  brlrlt^e  of  Galston,  all  that 
day  on  which  he  was  hbelled  to  have  nttercd 
these  words.  3.  JVb?i  t"on.ffrif  they  were  rebels |- 
they  n ei til er  being-  denouticed  furtive,  tv»r  de-* 
dared  traitors;  and  as  lor  ti-easoir  '                , 
the  law^  of  all  nations  have  rogai                a 
little.  Tbe  Roman  law  save,  *  Litbricurn  Jing^me 
*  ad  ptcnam  tacile  irahendura  non  ost,*  L  7^  i»* 
ad  l^g.  Jul.  Mnjest.  and  the  J.  imic.  C.  si  quia 
imperat.  tnal^dix*.  puts  very   favouruble    and 
charitable  constructions  on  such  escapes ;  and 
sir  Edward  Coke,  one  of  the  great  judges  of 
England,  in  hii  Institutes,  tit.  of  treason,  quotes 
cases,  where  seditious  ^vords  were  found  not  to 

infer  the  crime  of  treason, But  i'erth  jus* 

tice  general  minded,  that  by  acts  of  parliament 
in  England,  since  Coke's  time,  viz.  since  this 
king*s  restitution,  it  is  declared,  treason  may 
be  committtd  in  words  ;  and  thus  Edward  Stal- 
ley^goldsmithf  was  condemned  and  executed  fot 
treasonable  words  at  the  time  of  the  breaking 
out  of  the  popish  plot  in  1678.  Yet  our  own 
acts  of  parliament,  before  the  year  1661,  were 


not  so  express  again  si  such  wonli,  except  that 
March  24,  23,  26^  and  37,   1681.     Were     speties  of  leasltg- making  between  the  king 

ti — u  «  j^qjI  his  people;  and  the '2d  act  pari.  1669,  ar 
it  requih^s  that  such  exprej^sions  be  dehl>eraie 
advised  and  malicious,  so  it  declares  thnt  fa 
some  sorts  of  rash  and  retleeting  speeches  < 
the  king's  government,  they  shall  not  be  puri 
suable  afler  eight,  monthtj  tune.     And  whereni 
the  king*3  advocate  answered,  that  the  treasoiiJ^ 
able    words  libel kd    against    Cesnotk,   wera* 
*'  counsel  and  advice  ;^'umUo  not  *  nudayerba,** 
hut  art  and  part  of  tneastm,  falling  under  t' 
word  It,  '  ope  et  cousiiio  j'  it  is  replied,  i 
were  treasonable  counsel,  (which  is  detiy»?uj 
that  is  no  more  but  treastmable  words,  and  imc 
art  aud  part  f>f   treason ;  seeing  tiier  words 
were  not  previous  to  tiie  rebellion,  but  it  was 
already  tbnned ;   and  by  this  we  would  con* 
found  the  limits  of  two  cfiderent  species  oftrea 
son,  the  one  eonsistiug  ^  in  nuda  emissione  Te^ 
'  borum,^  liable  to  mistakes,  especially  of  men 


up  in  the  criminal  trial  of  sir  Hugh 
J  of  Ceanock  fur  treason.     The  king^s 
iirst  craved  tbnt  the  criminal  lords 
'  nMgttt  take  a  precognition  whRt  the  witnesses 
;  the  king  could  say,  coftlbrm  to  the  power 
ved  by  tlte  king's  letter,  in  such  cases,  be- 
they' should  begin  his  trisi,    Alledged  for 
1.  ThlswerG prodcretatmonium,  9, 
iild  not  be  now  done,  seeing  the  very  day 
nal^  appearance  was  come.  3,  They 
t  precognoscQ  even  by  the  king^»i  letter, 
•   warrunt  from  the   pri^y   council. 
Upon  a  council  was  instantly* called  ex- 
tiftrly;  and  they  authorized  them ;  and 
brdingly  they  examined  the  witnesses  upon 
i  to  what  they  could  say, — ^Is  to  the  Xst 
n,  it  was  remembered ,'  that  lately,  in  a 
'  Mr.  Charles  Lindsay  minister  at  Co- 


I  v^^w^  ftgainst  the  laird  of  Cunnin^iamhead, 

MMCg»rd  Mr.  Charles  had  taken  thedeclnra' 

IBbofnome  witnesses  under  their  hand,  bear* 

Wff^at  they  would  say  the  same  if  they  were 

^Jlon  oath,  the  lords  had  found  that  he  eonld 

not  adduce  these  as  witnesses  for  him,  *  nU  pro- 

*  ditiouem  testiiuonii,"  by  the  said  pre-eu;;uged 

declaratiMi  taken  by  a  private  person^  without 

may  wamni ;  and  Duty  marks  a  decision  on 


'*  The  old  gentleman'*  says  Crookshank, 
I  2,  p-  337,  **  died  soon  alter,  and  probably 
I  death  was  h(3ait«iued  by  th«  hardships  he 


people,  such  jis  thir  witnesses  are,  unless  tlie_ 
liad  redacted  the  pn-cisc  words  uttereil  into 
writing  tmmediately  after  they  heard  Ihem^ 
and  lawyers  make  a  great  difference  between  i 
words  that  of  their  own  nature  tend  to  tb#' 
coniniission  of  a  crime,  antl  such  as  *  non  can-' 
*■  sam  butoccasronemtantum  detinqncndi  prue* 
*  bent;*  whereof  I^Iattha;us,  Tit.  de  Ires*  ma* 
jertale,  cap.  2.  num.  11.  gives  a  pregnant  in- 
stance, hi  centurione qu6datn.  ^.  *  Nudum  con* 
^  sdium,'  untesfi  it  be  '  cumin  structione  aliqiii  ' 
is  not  art  and  part,  but  still  bare  words ;  lor  Ce 
nock   neither  ia$triK;(«4  tbcto  with   money^ 


979Q         STATE  TRIALS,  86  Charlbs 

arinf,  atnrounitioii,  nor  with  advice  how  to 
manage  the  war,  where  to  fall  on  first,  what 
passes,  hridgcs  ur  forts  to  secure ;  which  law- 
yers call  *  ordinatio/tractatio'  or  *  apparatus  ad 

*  helium ;'  without  doin^f  of  which  tlie  panDel 
cannot  be  repute  a  contriver  of  the  rel>ellion, 
ao  as  to  be  drawn  under  the  exception  made  in 
the  act  of  indemnity  in  July  1679  ;  and  of  this 

*  nudum  consilium  sine  instructionr/  see  Viun. 
ad  §  2 1 .  institut.  de  obligat.  ex  delicto. — Kir 
George  Lockhart  (who  was  joined  with  the 
king's  advocate  in  this  cause,)  argued ;  that 
these  rebels  who  came  out  of  Galloway,  after 
the  relfels  were  up,  to  fortify  and  assist  the  re- 
bellion, were  as  guilty  of  contriving  as  they 
who  b^an  it  in  Lanerk  shire  ;  for  it  was  <  m 

*  cursu,*  and  had  ^  tiactum  futnri  temporis  ;' 
and  thatcontriving  io  not  *  actus  momentaneus/ 
nor  done  only  '  in  ictu  oculi ;'  and  in  construc- 
tion of  law  *  mandans  homicidium  vel  aliud  de- 

*  lictum,  eadem  piena  tenetur  qilft  mandatarius.' 

**  And  it  lieing  aJledgeil  for  the  paiiuel,  that 
this  part  of  the  iil>el  was  not  relevant,  that 
Cesnock  spoke  these  or  the  like  words,  this 
alternative  being  too  general,  and  the  king's 
advocate  contending  llint  he  was  not  bound  to 
•ondescend  what  the  like  words  uttertnl  hy 
Cesoock  wei-e ;  it  was  replied.  That  this  were 
to  make  every  common  fellow,  who  is  adduced 
to  be  a  witness,  or  an  assizer,  to  judge  what 
words  are  synonymous  and  of  an  equi|K>llent 
signification,  though  that  be  a  theme  which 
h^  troubled  the  greatest  criticks.  And  whereas 
the  king*8  advocate  endeavoured  to  elide  the 
ISGth  act  12th  pari.  Junies  6. ;  and  that  he 
needs  not  say  thii-  partii's  were  denounced,  W- 
causc  Cesiiuck  had  a  nuirc  certain  knowledge 
•ut  of  their  own  mouth,  of  their  l»eiiig  rebds, 
than  any  such  deuuiiciation  cuiild  have  given. 
It  is  replied.  Where  the  law  has  fixed  on  a 
solemnity,  private  knowledge  docs  not  supply 
it ;  ns  we  see  in  the  case  of  intimations  oi  ns*- 
sigiistions,  and  niuiiy  titherii ;  *■  et  id  lacituni 
'  Kcimus  quod  do  jure  sciinuK  ;'  uiul  tiieir  say- 
iu«j;,  that  they  came  Ihun  Tow  corse  park  rould 
not  make  him  instantly  tstcrcni  them  rt'liils, 
liceiug  tliiy  uiii^ht  have  been  there  by  restraint, 
or  upon  otiicr  necessary  ex<:iisuljle  oceai^ion, 
or  might  huve  cMuiie  uuuy  in  ohctiience  to  the 
couuciPs  procluniation,  coinniandiiig  these  re- 
bels to  lay  douu  their  arms  ;  so  that  their  say- 
ing that  they  eame  from  ihat  army  does  no- 
ways take  off  the  act  of  f*arliaiiient  above  cited. 
And  whereas  his  inujcsty's  advocate  alled<^^e((, 
that  the  defence,  olieniig  to  prove  that  tiiu 
panncl  was  ulibif  is  not  relc\  a:it ;  Imo.  Ueeau.se 
It  is  contrary  to  the  libt>i,  and  may  infer  [ler- 
jury  a$rninst*liis  \«ime^rs.  i^do,  l^he  diatunt  <- 
uf  the  two  places,  viz.  the  bridge  of  G'J.>«l():i 
ftyd  Cesnock's  houses  (where  he  is  alledg^  d  n 
have  been  all  that  da\)  is  not  so  great  hut  !•<■ 
might  in  a  short  time  have  been  in  either  at' 
fijeni,  l>eing  but  half  a  utile:  It  is  replied,  tlmr 
in  many  cases,  defences  contrary  to  the  liliel 
are  sustained  and  found  relevant ;  and  it  is  im- 
possible in  law  that  it  can  be  othenvise;  for  in 

*  ^ri  caiiu  pro  rco  est  i%s[ioudcndtiiu.'    As  lor 


II.  l6S4.^Procerdingi  ugmui         [980 

instance,  a  man  is  convened  '  pro  homicidiode- 

*  liberato ;'  he  founds  his  defence  and  exculpa- 
tion, that  either  he  killed  in  self-defence,  or,  it 
was  a  casnal  homicide,  aoconling  to  the  late 
act  of  parliament,  in  1661 .  This  defence,  tho' 
contrary  to  the  Ubel,  has,  by  the  laws  of  all 
the  Christian  world,  ever  been  received  and 
admitted.  To  the  2d,  Whau-ver  be  the  dis- 
tance of  place,  this  is  ^  propositio  aeternie  veri- 
'  tatis;'  Cesnock  was  in  his  own  house  all  thit 
day  of  June  1679,  when  Crawfurd,  IngraiD, 
and  Ferguson  past  by  the  bridge  of  Gauton ; 
crgOy  he  was  not  then  at  Galston  bridge ;  aiid 
which  consequence  is  so  deeply  rooted  in  na- 
ture, that  it  IS  '  pnesumptio  joris  et  de  jure;' 
and  till  we  renoimce  both  our  sense  and  reason, 
no  conviction  can  persuade  us  of  the  oontniy ; 
and  this  demonstration  is  confirmed  by  no  k» 
authority  than  the  testimony  of  an  angel,  wbo 
argues  the  disciples  into  the  belief  of  a  resor* 
rection  by  this  enthymeme,  *  surrexit  Dooa- 

*  nus,  est  alibi,  etgo  non  est  hie ;'  and  yet  bat 
our  feteviour  was  at  no  great  distance ;  for  *  na> 

*  gis  et  minus  non  variant  speciera'  io  soHi 
cases ;  and  it  is  as  infallibly  true,  that  Censck 
was  not  at  the  bridge  of  GaUton,  if  he  can  pnnt 
he  was  at  his  own  house  that  individual  boor  ht 
is  ailedged  to  have  been  at  the  bridge,  as  if  I 
should  prove  that  he  could  not  be  that  day  it 
Galston,  because  he  was  at  Rome  or  Paris,  or 
1000  miles  distant  from  it ;  and  there  can  beoa 
fallacy  nor  abuse  here,  whereby  rebels  eta 
esca|)e ;  for  his  majesty 's  advocata  condesoead* 
ing  on  the  precise  day,  it  is  positively  ofleitd  to 
lie  proven  tnat,  all  that  ilay,  he  waa'in  his  owi 
house ;  and  that  the  pursuer  is  oblige<l  to  coo- 
tlesceud  on  the  day  of  the  committing  the 
crime,  if  tlie  panucl  requires  him  to  do  it,  is  a 
]>rinciple  aciiuicsceil  in  by  the  common  leoti- 
mciits  of  all  criminal  lawyers.  But  sir  Geof]^ 
1^'khart  denied  that  he  was  bound  to  do  it  *  m 
'  criniine  majestntis;'  and  required  *  impon- 

I  *  biiitas  natune/  that  they  could  be  in  both 

I  places  ill  one  da V,  to  make  a  relevant  atiM; 

I  and  thai  in  Mr.  WiUiam  Sfmier^eirs  case,  and 

I  McNeill  of  l^ara's,  &c.    The  lords  found  tea 

j  miles  not  a  sufficient  dist<ince  to  infer  an  oHki 

I      **  Tliejustices  having  advisetl  the  debate,thef 

repellrtl  the  haill  defences,  and  found  theworal 

libelled  to  have  been  s)M>ken  by  Cesnock  to  be 

such  treasonable  counsel  as  is  not  nuiaDttobe 

pardoned  or  included  in  his  majesty*s  indcs- 

iiity  ;  and  particularly  repelled  the  defence  iC 

(liibi,  as  it  was  qualified  and  circumstantiilBd, 

the  distance  Ivetween  the  two  places  bein^lM^ 

small  *,    and  sustained  the  second  additMOil 

I  libel,  aliout  Cesnock*s  harbouring  and  rcgctliii| 

j  rebels  on  his  lands,  as  an  aggravation  oolyn 

I  ilie  first  libel.     This  interlocutor  did  DOt^P"* 

i  without  sonic  heat  amontr  ^he  justices.    Tbtf 

-  a  bill  \vas  given  in  for  the  paunel,  desiring 

j  siuce  his  majesty  wus  the  l)est  interpreler  oi 

his  meaning  in  making  that  indemnity,  thit 

I  the  interlocutor  might  he  stopped  till  they  coa* 

Kultc<l  the  prince,  conform  to  the  appointoic^ 

of  1.  9,  and  1.  12.  Cod.  de  legib.    iiut  itatf 

refiissd. 


H]  STATE  TRIAJ-S,  $6  Chahles  1L  i6M^Sir  Hu^k  CnmpbelL         [Q8A 

and  lo  the  Euthor«  cited,  \m  opponeH  a  lawyct 
(whose  uutlioriiy  in  crinmiaUy»eJcie<flo  notit 
ortheui),  riz,  Jiilnis  Clarus,  §  tinul.  ijuiest.  24, 
who  was  clear  wi  the  ptunt ;  and  8uti»ra  Ro- 
herli,  inmtionni^  '  iiialevo!o8  parli/  must  be 
understooil  *  habihter*  in  icnniuis  juris/  o*'  • 
mortal  iimJtT deuce ;  an*!  the  VTords spoke  vferc 
only  iu  |»asJMT»n,  awi  not  a  peruuinent  hatrtd  ; 
and  *  out  o»  hell*  may  sigmfy,  proiriding:  the 
revenge  Im;  not  by  uriJuwfu!  means;  and  In- 
i^raui  ivas  content  to  -purge  himself  of  any  ma- 
lice :  arid  it  is  uiore  ilian  three  year*  suite ihcy 
are  alleg^ed  tu  have  betn  spoke,  and  !»o  may 
justly  be  presumed  lo  have  been  now  dt^tsUd 
and  Ajrj^ot ;  *  eL  dissimulatione  et  recoucdrntioue 

*  l^\vH  mjuriae  verbales  fieicile  tolluntur.'  To 
the  5th,  bubornaUun  non  rclcrat,  unlrts  the 
pursuers,  or  ^oineotlveni  having  interest  in  ihe 
cause,  were  the  suborners;  which  llugti  Wal- 
lace was  nfjt.  2dM,  They  must  sav  tht-*  subor- 
uation  took  effect;  for  atieiBpiing-  to  do  it, 
thoogh  it  may  ifiie  ground  to  puiiish  tlic  at- 
tempted yet  *  non  rekvat'  to  cai.t  the  wiiues«, 
e8|iecially  where  it  hi  only  an  attempt  to  bribe 
another  witness  in  the  cau^e,  but  not  thi^nrnv 
adiluced.  Vet  ^lascarduti,  »occ  Suboniatn* 
condus.  U4?,  makes  even  that  a  jfreut  pie- 
sumption. — itud,  at  that  rate,  paniiel'*,  of  pur- 
pose to  set  aside  wilne*st.^,  may  cause  offer 
ihtin  money  by  their  IVjeuds:  aim  that  etidea- 
vours  used  "to  son  re h  aud  find  out  nimesHcs 
ai^^ainst  ivbeU,  and  to  draw  out  of  then*  \vhat 
they  can  say,  (they  bcinfr  in  the  w  est  coinitry 
most  avevf^e  in  discoverintj  theSe  things)  tniTsI 
not  be  called  eorruiition,  smng  wiihom  aueh" 
prudent  methods  they  shall  never  tiod  uitJ 
Reuses,      3tiu,   8ubonmtiou  ui   ijenintJ   *  nor 

*  relevat,'  unless  the  nn;inti!y  ot' money  orothe 
fl^ood  deetl  be  condescende<i  on^  that  it  may  ap 
pear  to  citceed  the  witncss*s  ejcpenecs,  or  hid 
damagfc,  *  e,\  opcris  umi^jsi'*,*  by  bis  aUcudonceJ 
both  w  bich  may  be  lawf uUy  remunerat*-  to  wit-? 
oesses  wilhout*incurrin«;  the  nota  of  bribery. 

"  Re|died  lor  the  panncl,  That  the  first  thtH 
objecti(»ns  are  conjoined,  *  ut  quae  non  prosuw 

*  sinj-^ula  multa  juvcnt.*     As  to  the  4th,    j 
mortal  hatred  may  arise  from  a  very  slende 
ground,  and  a  pimclilio  of  lionotir  ;  aufl  we  see 
daily  fur  a  cnflf  or  a  lie  combats  fou»j;ht,   anil 
sJau»fhter  committed ;  and  ttinugh  thir  resent- 
ment* do  not  ortcu   possess    mean    people'* 
breasts,  yet  sometfmes  ibey  do ;  and  '  infor-. 
mutive'  we  condescend  (though  not  bound  toj 
do  it)   upon   the    cause  of  Ingram's   malic 
a^fainst  Cesnock^  because  Ing^i-am  having  bcf 
one  \\  ilson^  who  died  of  it  within  ei|fht  weeks| 
Cesnock  liy  a  letter  delated  biro  to  the  sberif 
of  .4yr,  w'heixjup^in  Inp'am  vowed  biru  thi/| 
mischief;  and  the  Icnj^ih  of  time  d*)cs  not  so/l 
jiite  nor  induce  oblivioo  in  revenjftfu!  men*'| 
To  the  5lh,  '  Nou  refcrt*  who  corru|ils ;  an<|j 
it  is  relevant,  that  any  from  Cesnock  offered' 
to  debauch  them.     Suo,  The  very  attemplio| 
(o  corrupt  a  judge  or  a  witue«sis  unlawful,  and 
leaves  a  siis^iidon  of  impresiion-    3tio,  It  wcrt 
impossible  ever  to  ca«t  a  witness  on  suboriii*! 
tioD,  if  the  precise  sum  beboired  to  be  cointQ^ 


,  The  witnesses  being  called,  it  was  objected 
I  Ingram,  tmo.  '  Prod ide rat  teslimo- 
i^*  because  both  major  While  a.ml  the 
_'»  advocate  had  exammed  him,  and  he  had 
caled  to  them  what  he  had  to  say:  aod 
mg-h  the  jastices  are  impowered  to  examine 
"  re  hand,  yet  even  they  must  have,  by  the 
_*s  letter  (recordeil  xiiprtif  Btli  Jan,  1663), 
l^mrrand  from  the  privy  council  ;  and  otbei-s 
'  not  do  it  at  alL  2 do,  '*  Est  sodua  tri minis,' 
*  Est  vinculatus  et  carceratu?,'  belug  kept 
ioner  in  Edinburgh  castle.  Vid.  8tat.  2. 
cap.  ^4,  *  de  hi*i  (jui  probibentur  testi- 
m  dicere.^  41  o^  U  i«  «»f}ered  to  be 
be  be^LTS  L'esnoLk  art  enmity  and 
and  the  foresaid  statute  makes  it 
to  cast  one  fit>m  wiine»«mg,  that  he 
oydk\ olus  paiii ;'  and  all  lawyers  make 
_  limtr^du:*  a  good  exception  ;  even  though 
tbe  witness  were  ^  iuarticulo  morlis,  vel  nuper 
'  jiumpseratsiicratissimau)  euchaiistiam/  Thus 
famous  criminalist  l^^arinacius,  lit.  0,  de 
it.  qutest.  53,  lays  it  down  as  hts  positive 
Igment,  and  cites*lavvyers  for  it,  *  quod  etiam 
tahbus  caJiibus  non  est  ei  cretleudum^ 
m  Dou  omnis  moriens  eat  jonnnes  Bap- 
isJa/  And  BouritiuB,  in  his  Knchiridum 
ionmu  pro  Capttvis,  sayn,  *  iniiaicus 
Don  sit  capttalis  a  ti'stimonio  repet- 
'I  etiam  in  critninibus  exceptis,  quale 
majestatis;'  and  Hieron  Gigas  de 
hesHi  majestut.  says  the  same.  And 
this  Ingram  threatened  he  should  do  Cesnock 
ill  turn,  if  it  were  out  of  helL  5io,  The  said 
m  caunot  be  admitted,  because  it  is  of- 
d  to  be  proven  he  was  skiborued  by  Hugh 
illftce  chamberlain  to  sir  Will  jam  Wallace 
Cmgie,  and  he  himself  was  endeavouring  to 
\g  over  and  practise  on  Adam  Millar  to 
le  to  Edinburgh,  and  depone  as  he  did ; 
gave  this  reason  of  it,  that  they  owed 
Cv^iiock  no  tavoiir ;  bei^ause  if  lie  and  others 
like  him  had  come  out  and  lielped  them  at 
Bothwel-bridge,  they  had  not  been  defeated  as 
tbey  were. 

Answered  to  the  1st;    It  was  no  *  proditio 

*  t«stimonii*  lor  them  to  tell  what  they  know, 
«r  to  reveal  the  truths  unless  tliey  bad  inifti- 
gated  the  plea,  ami  had  informed  m  order  to 
mn  accusation,  that  they  might  bear  testimony  ; 
and  their  deponing  w  as  not  voluntary,   but  by 

fuhhc  authority ;  and  sir  John  Nisbet,  wheu 
ing's  advocate,  was  in  use  previously  lo  ex* 
acome  ^  itnc'ssc^ ;  aud  their  former  dc|Hisilions 
fhall  be  cancelled  aiid  torn.     And  which  being 
locordingly  done  by  the  king^s  advocate,  itk 
fmetM^c  <A'  the  conrt^  it  contributed  to  Ces- 
L^iCk's  eacapiog  at  this  time,      lo   the  id, 
^Hocius  criminis*  is  no  objection  iu  treason, 
^^kn  any  person  almost  is  a  habile  witness, 
^^^Hb  3d,  *^  Vincutatus^  is  wfien  one  is  in  pn- 
^KlKa  crime,  but  not  where  they  are  only  in 
custody,  and  sequestrate,  to  ef ite  corruption 
from  the  paoners  influence.      To  the  4th, 

*  Non  relevat,*  unless  it  w  ere  *  luimicitia.  capi- 

*  talis,'  and  that  the  ground  of  it  were  con- 
^fmseoded  on,  aod  proven  to  be  a  mortal  feid ; 


983]        STATE  TRIALS,  36  Charlss  II.  l6^4^^Proeeeding»  againU        [984 


scended  on,  for  that  only  arises  from  the  pro- 
bation ;  and  the  offering  of  a  dollar  to  a  poor 
man  is  as  tempting*  and  great  a  hribe  as  100 
dollars  to  a  rich  man ;  and  if  Ingram  got 
money,  he  must  tell  some  other  cause  where- 
fore he  got  it. 

"  The  Criminal  Lords,  after  a  long  debate 
among  themselves,  did  repel  the  three  first  ob- 
jections made  agninst  Ingram  ;  and  before  an- 
swer to  the  two  last,  viz.  the  enmity,  and  su- 
bornation, (the  fii-st  act  before  ans^vcr,  1  think, 
that  was  made  in  our  Criminal  Court,  where 
always  the  relevancy  must  be  discussed,)  de- 
clared, that  they  would  hear  our  witnesses  fur 
the  panncl,  to  prove  these  two  last  objections, 
if  tlieV  spoke  probable  and  consistent  things, 
or  if  they  were  but  seduced  to  help  Cesnork  at 
this  dea(l-lift,  (hh  they  jealoused,)  and  only  to 
disparage  the  king's  oidrnces : — And  though 
at  tirst  they  ajfrotd  to  cxiimine  them  on  oath, 
yet  they  woulu  now  only  hear  their  declara- 
tions, not  upon  oath  ;  'and,  albeit  all  pains 
were  taken  to  expiscate  ciicumstanires,  to  cause 
them  vary  and  titubate,  yet  Tlerrios  and  Goudy 
declared  positively,  they  heard  Ingram  threaten 
Ccsnock  an  ill  turn,  if  it  wore  out  of  hell : 
but  being  examined  icparalitHy  in  regard  they 
discord^  in  some  circum.stances  that  were  not 
material  to  the  dictum  Ustis,  the  main  ]mrt  of 
the  testimony,  as  the  hour  of  the  day,  and  place 
of  the  house  where  they  heard  it,  &c.  The 
Justice-general  rejected  them  ;  though  Mas- 
card,  conclus.  1 180  Toce  Plui-alitas,  gives  an 
easy  rule  for  reconciling  such  seeming  discre- 
pances iyiUr  tciUs.  Then  the  witnesses,  about 
the  subornation,  were  adduced,  who  proved 
against  Hugh  Wallace,  Cragie's  chanil>erlain, 
iiis  drinking  with  them  (ill  tbey  wen*  drunk, 
with  other  sneaking  practices,  but  nothing  of 
bribery  directly  ;  because  the  justices  would 
neither  grant  a  safe  conduct  to  bring  in  a  fiijji- 
tivc  rebel,  viz.  one  Adam  I^iiller,  to  be  a  wit- 
iiess  for  the  panncl,  the  Court  never  having 
allowe<l  that  practice  ;  nor  permit  witnesses  to 
be  examined  anent  tampering''  with  the  said 
Adum,  he  beinr^;  none  of  the  witnesses  adduced 
for  the  king :  and  it  being  complained,  that  the 
guards  drunk  with  thetv^-u  wiUiessesled  against 
Ccsnock  ;  and  though  sometimes  in  vino  Ve- 
ritas^ yet  men  are  \ery  unfit  to  dipono  when 
drunk  ;  it  was  denied ^  that  any*  such  thing 
was  allowt  d  ;  and  prohibit  to  be  done  for  the 
future.  And  the  witnesses  were  onlained  to 
be  kept  separate,  that  tht-y  might  not  compare 
notes  tdfCi'thtr,  nor  know*  what  another  said. 
I  remember  i^Iasucrius  recpiins,  '  ut  trst**s  de- 
*  IHuianl  j<jnni.*  IIow-mt,  alir r  al!  ilii-.  pre- 
vious trial  taktn  upon  tin*  two  o1»j..h  tims  against 
Ingram  and  (.'rawlurd,  oiinaiu'c  :in<l  corrup- 
tion, the  justices  ton nd  no  so ttiri.-nt  niattrr  to 
repel  them  ;  and  tlu  retbre  orti.iined  Iheui  to 
bo  i*eceived. — Cesnock's  advocates  pnitestul 
for  a  reprobator  of  their  testimonies,  which  U 
not  usual  in  criminals. 

<<  This  was  now  about  11  o'clock  at  night, 
and  when  the  king\  advocate  and  that  party 
thought  all  was  ^&1  and  sure,  the  DivineProri- 


dence,  which  oTerrules  all  from  abore,  unatched 
the  prey  out  of  their  teeth  at  this  time :  for  the 
witnesses,  who  were  so  well  prepared,  and  hid 
so  oft  renewed  their  lesson,  and  gcit  it  incul- 
cated, (having  twice  deponed  on  the  individual 
specific  expressions  that  Cesnock  used  totlieni, 
to  encourage  them  to  go  back  to  the"  rebel 
army,)  when  it  came  to  the  push,  by  a  roin- 
culous  consternation,  both  litgram  aud  Craw- 
furd,  tlid  not  remember  that  Ccsnock  had  any 
such  expressions  to  them,  as  were  libelled; 
either  reproving  them  for  leavin;;  the  Wot- 
hmd  army,  or  bidding  them,  return,  and  thit 
ere  long  they  should  not  want  help  nor  headi, 
Sec.  Upon  this  the  mobile  in  the  Court  gave  a 
IP'eat  shout ;  at  which  the  king's  advocate  airf 

justice-general  stormed,  and  said  these  were 
very  disloyal  and  imlecent  acclamations ;  ifae 
like  whereof  had  never  been  seen  in  Scottand, 
but  was  Shailsbury's  way  in  England  in  car- 
rying on  his  business  witlitheignoi-amus  iones, 
and  to  dash,  tenity,  and  confound  the  king's 
evidences  and  witnesses.  The  king's  advo- 
cate pressing  Ingram  twice  or  thrice  to  giv& 
categoric  answers  to  the  expressions,  Alex* 
ander  Nisbet  of  Craigintinny,  sir  Patric  Maj- 
well  of  Sprinkell,  S<imervell  of  Dram,  and 
others  of  the  assize,  complained  wbjr  lucb 
pains  should  be  taken  to  wring  and  clicite  a 
testimony,  when  he  had  so  often  already  told 
that  he  did  not  remember  the  exprcssKHM ;  and 
they  being  reprove<l  for  meildhng  too  much, 
boldly  replied,  that  the  probation  conc«n«I 
them  and  tlieir  ccuscienrcs,  to  see  it  was  fcir 
and  equal.  Ccsnock  himself  objected  agaiut 
Daniel  CrawfunI,  that  his  name  \%a8  not  givea 
him  up  in  the  list  of  the  witnisses,  confonn  to 
the  last  article  of  the  act  of  parhameot  rcg^u- 
lating  the  Ju.«tire  Coiirt  in  1C72,  but  one 
Daniol  Carmichrll.  Yet  he  was  received; 
because  the  king's  advocate  had  thivatened  ia 
the  beginning  to  ctmtinue  the  diet  against 
Cesnock  for  two  weeks,  if  he  did  not  pi« 
from  that  objection,  which  had  only  happened 
through  mistake  ;  in  which  case,  all  Cesnock'J 

'  witnesses,  for  proving  his  exculpation,  would 
have  gone  home,  he  having  detained  them  » 
long  in  the  town  from  their  labouring  and 
sowing,  with  a  great  dcMil  of  difficulty  andex- 

1  iK»nce~;  and  thfret'ore  Cesnock 's  lawj  v\  s  passed 

'  from  it.  But  he  alledgctl,  that  their  renan- 
Ciation  of  it  could  not  prejudge  him  ;  yet  lie 
could  not  reclaim,  for  they  had  his  warrant frr 
it.  The  king's  advocate*  a  Hedged  against  se- 
veral of  CtisnocU's  witm  sses,  that  they  could 
not  l»e  receive«l  ;  hecau^ie  either  they  were  an* 
givi^n  him  in  list  debito  tanporr,  or  wereCes- 
nork's  tenants,  or  wero  not  riufiit  designed,  SiC 
—When  his  own  witnessc-s  lailid,  he  tell  into  a 
great  impatience,  alled«^ing  that  this  would 
encourage  all  rebellion  hereafter  ;  for  the  king 
and  the  ct»untry  shouM  never  get  vitncswsW 
prove  treason  in  the  West  ;  because  the  Wfft- 
land  people   thought  it   no  sin  u)ion  oath  to 

conceal  the  discovery  of  treason. Although 

in  law,  his  two  witnesses  could  not  be  o^^* 
token  on  perjury,  because  their  former  depH 


f\         STATE  TRIALS*  36  Chahles  Ih  1684.— Str  Hugh  CamphelU         [D86 

kio^^H  advT>c9te  threttened  he  would  ptirme 
C      .     '   iny   and    kOine  of  the    assizers,  as 
riot  in  cwrying"  themstilve*  tnmuU 
f  the  irini,  by  ili^^tf*'  •  ■   '^^     *m%xi^ 
.rj;  niid  confoiiii'!  t^vi* 

c..^,,  Uat  thfiy  deny  &1U  tiiey 

exceeded    their   duty,      i  ment 

drove    them  t<»  qreat  ex^i  j    was  < 

reported,  that  Perth  and  the  'ireaaiirer-denirte  | 
his  brother  had  assured  the  Witig^«  and  duchess 
of  Fortsinoutli,  that  they  had  sumcient  i^ounds 
wlu-reon  to  forfeit  CesiKJck,  aod  that  cme  ofl 
her  9ons  by  the  kinigr  was  to  gel  the  ^ilt  of  bk 
forrfHture  ^  n»tl  thpv  did  nottbiixk  that  he  wai 
i!  li   in    favours  gf  hitMQ. 

'  if  DurabartoQ  was  to  g«t  I 

a  part  <>!  Ills  iv>nein;re. 

**  On  the  Sd  April  1G84,  they  brought  down 
the  two  wiinesseH,  Crawfurd  aud  Jngraui^  to 
a  priry  council  held  lu  tlie  Ahlmy,  aud  there 
they  abode  positiirely  at  what  they  tireldejioned 
of  his  g-uilt ;  and  bein^  asked  why  they  resiled 
al  the  UaiT»  answered,  lb  at  tiiey  were  dashed, 
confounded  and  nipped,  every  one  murmtiriTi^ 
in  their  ear,  »'  what,  will  you  by  your  syvear- 
iiiff  take  the  honest  old  raa'n*s  Hie  ?*'    This  dc* 


wtxm  cancelled  ;  and  it  was  declared, 
hem  m  frecdoru,  that  whatever  they 
r,  llie  (ifit  should  iieTer  tutet  thenif  yet 
oH,  and  before  God,  tliey  are  fjruilty  of 

K^^'ury,  and  deijerveto  be  declared  infa- 
t  vvf  n\  t)i(''}r  two  contradictory  de- 
is  <  *  ib»e. Cesnock   said 

lllngf.  '■       .     ^ fed  to  theijtagin£r  him; 

Isimame  of  Carophetlf    for  his  chief 

tait«.     $4    His  ^ersuasifin,  as  being 

i  strict  Presbyterian,    3.  his  estate: 

'^'*last,  it  na<*  alltd*^d  they  were  mi*- 

"  was  denuded  of  tlie  fee 

I  ia  taioujs  of  his  eldest 

'  cu5iitti*  I  ni   marnavji%  a»d   which 

liriiie<l  lun^  liefuie  Liiuttuig  the  trea- 

it    was   obtaerfed    both   Uie 

t  against  him. 

^Mfse    having    inclosed   near    one 

I  the  morning,  ihey  in   a  short  time 

i'\  hrnuilf  hiiTWHit  not  tfuiliy, 

iim.     Yet  he 

frd       ^  ihe  Duke  of 

t  %  vvry  bad  onimon  of  him,  and  sns- 

i  was   upon  tlie  late  English  tanatic 

li  broke  out  m  June  )(>B3  ;  on   the 

^whei'eof,  he  had  been  apprehended, 

risoncd  at  London,  and  he,  the  lord 

sir  Johti  Cocliruoe^  *kc.  were  branded 

^^nn  to   LiKuloii  to  jtiiii  with 

^t  ;  but  as  tliey  couhl   make 

vi  un^  uut  upon  Ce«no<!k,  BO  it  was 

>  mutb  as  tone  bed  or  insert  in  his  crimi* 

»anag^ruVHlionor  presutnjrtion  to 

creililiibty   of  his   (^uklt  in   uttering* 

ti-tnilnit'i '   am]  reaUv  they  who  knew 

111  a  man  he  was^  were 

,  for  thry  001  dd  never 

1  belief,  that  so  foolish 

;   could  escane  him,  as 

trtii*t  i  lie  I  to  ihree  mean 

cidenfnH;  ^^h  way  ;  whereas 

[iad  Ih  could'have  done 

iy  mu  \  ice  another  way. 

i^iciuns  of  hiii 

I  some  other 

il  ui'Uiin  iuin  ^triMuitcr, 

"'    lasted    longer  than  Argyle*s, 
ii-      »  -nes  BL tellers,   or  any 
ition  ;  for  it  took  up  a 
..,..uoons.     It  was  not  so 
at  the  persons  with  whom 
v^  IiLive  spoke,    at  Galston 
n  in  tne  rebelfiOD  ;  and 
'  ceil  no  probation  aneot 
1   in  the  second  addi* 
sed  from  the  thirl  in- 
nt     '  irig  bis  tenants  in  Bah 

in  'lid,   and  his  being  at 

SJ  '    >  k  |)betl  a  rel>el,  wbo 

r  Irvine.     They 
^rhi  tlie  two 
,   out  of  the 
M.  .il  MoTolbooai  of 
-ed  C'e8U0€k*s  friends 
■plf^         .;    u  go  back  frsm  what 
m  dnrij  dt.'|imHl  Ibnnerly.    The 


i;nr<ijft  1* 
wbo  h 


claration  was  given  after  they  were  kept  five 
days  in  the  irohs.  Then  the  council  gave  order 
to  raise  a  libel  against  Akxander  Nisliet  of 
Cnugintinny,  sir  Fatj      '*  V     '  «keM^ 

and  8i>roerveil ot^Dru  .ert, 

for  t lie ir misbehaviour  ;,  mm  nAinvu  u  cuiuiuittee 
to  revise  the  debate  made  by  Cesnock's  lawyers^ 
and  to  excerpt  if  there  were  any  treasonable, 
imiocent  or  dangerous  expressions  in  it  ;  and 
the  justiee-flfeneral  caused  rajfe  out  the  latter 
part  of  the  interlocutor  suslnining  the  aeooiid 
additional  libel  ancnthis  reseUing  rebels,  as  an 
Aggravation  ;  aud  did  insert  a  declaration  of 
the  kiug^'s  advocate's  just  before  the  interlo* 
ciitor,  that  he  ^mKsed  from  the  second  and  third 
additional  indictments,  only  *  pro  bwo  et  tem- 
*  pore.'  This  alteration  was  said  to  be  mwie 
cowtrary  to  whkt  was  truly  done  ;  tliat  Ibej 
might  yet  raise  a  new  indictment  uguinst  Cei^ 
nock  for  these  things,  as  if  it  had  luit  t»Ma 
triiil  already  ;  lo  the  effect,  by  tliis  or  some 
other  meaus,  they  may  get  him  yet  forfeited, 
if  possible. 

**  It  was  expected  that  sir  George  Lockbart, 
and  the  king*s  advocate  should  have  debuted 
this  point,  tlmt  the  pannel  s  running  to  the 
act  of  indemnity  was  an  acknowledapng  of  the 
crime,  like  the  using  a  private  remission  ;  but 
it  would  seem  they  did  not  think  ibis  argu- 
ment ttmable  in  law,  and  so  did  not  urge  it  ; 
and  the  king's  advocate's  own  opinion  is  con- 
trary, both  in  his  Ciiminals  and  in  his  Ina^i- 
tutious/^ 

<*  June  4, 16S4.  At  Privy  Council,  Sir  Patrick 
Maxwell  of  Sprinkell,  Alejtander  Ni»bct  of 
Cr.tigintinny,  and  Hugh  Somervell  of  Druni» 
are  pui^ucd  by  his  miij city's  advocate  for  a 
riot,  lu  disturbing  and  interrupting  the  court  in 
Cesnock^s  trial,  and  for  coufounding  and  dash* 
tng  the  witneMea  in  their  deponing,  and  making 


k 


STATE  TRIAL?,  36  Charles  II.  ICS4 — Pm»€dwgi^gainM        [088 

In-en  over  artiTet  'oi'  somr  of  Ci«aiDck's  viu 

uesset  de|»oiiecJ  that  he  hotf  dninl  m  iitt  tWiti* 
given  one  of  Uirni  a   )r  ,  ud 


«  noUe  and  confusion  in  the  courf^  contmry  lo 
llir  hunowr  ami  graviiy  tlitifoof,  Aliodged  for 
tlien>t  thai  &Rsiitet^aiejtni;;es  to  th«  |)roJ>ation  ; 
and  hy  the  90t!i  nndpibt  acts  of  ^tarhument 
15U7,'  *  lid  informandurn  suara  coniicientiam,' 
they  may  ask  qaestions  at  the  witnessc^t  or 
lortJs,  for  clearing  dubious  points  ;  and  aJI 
thev  did  was,  the  tvituesscs  hnring'  twice  or 
Ihrtce  upon  oath  declared  that  they  had  no 
more  t«i  i»ay»  and  remembered  no  mort,  they 
Ihought  it.  was  not  fit  to  fire^  or  ur^^e  them 
ROy  tiirth(*r.  The  king's  advocate  alledgred, 
|he  witQCiisiesonly  oppose<laud  demurred  a  h'ttJe, 
being^daslted  ;  and  tu  that  case  the  Justice  Ge- 
neral fDiLfht  very  lawfully  interrogate  them 
further,  what  they  knew  more  ;  and  that  these 
West-land  witnesses  are  loth  to  tell  tlie  truUi 
a^inst  rebels^  till  tliey  be  pressed  to  it ;  and 
tlie  a£st'zers  exceeded  their  duty  in  olfering^ 
to  Mtup  this  expiscation,  and  attempting  to  teach 
the  justioos  their  duty  ;  and  they  gave  occasion 
to  an  irrtY^I^^  ^^d  tumultuary  noise  that  was 
rnised  in  ihe  ctiurt.  The  council  repelled  the 
defences  ;  and  ailniitted  the  libel  to  prohatiou  ; 
and  the  criminal  lords  were  led  to  l>e  u'jtne«ises 
tif  fij  at  tvhich  tliey  were  very  ill  pleasetl. 
Alt  tbiii  was  done  tM  paliiale  I  he  atlVotii  ihey 
bad  auffi^red  by  the  witneswu»  miscairy* 
tug' ;  and  some'  said,  If  a^sLzers  were  thus 
UMfJ*  it  would  make  their  odice  very  trouble* 
some,  and  rery  few  woitid  sorve  in  llut  c«pa- 
<ity," 

"  April  17,  1684.  Ilnerh  Wallace,  servitor  to 
air  Williiim  Walhico  of  €iiigie»  pursues  Hogli 
Camphellt  Cesnock's  sou,  and  Mr»  Ilugfb  Ar- 
chibald Ao^ent,  for  calumny  and  defaiualion  of 
hinriv  in  alledg^ng^  lie  had  tatn|iercd  to  coirunt 
and  seiJuce  the  witnesses  agaiusi  CesnocL 
The  defence  by  way  of  recnuvenlion  w  as,  lar. 
That  ibe  coudescenriing;  on  hitn  in  the  criminal 
coitrt  as  the  practicer  of  thu  u  itnesscs  was  ne- 
cessary, being' foi-ced  thereto  by  the  Justice  Ge- 
neral, who  re|>elled  the  objections  of  suboma* 
tion  otherwise  propfined  in  general.  2dly. 
They  bad  proktble  grouudi  to  tlitnk  he  had 


pumped  what  they  cuuld  a^y 

and   '  ipiievis   prouabilis  cauf^a   4.^«.;iisdi  a  ca- 

•  lumoia,'    The  lordf  found  both  the  libci  and 

reconvention  relevant;    and  adniiticdbotbto 

probation/* 

♦*  Au^ist  6t  1685,  Camphel  of  Cesn^K*, 
elder  and  younger,  arc  IJbei^t*,*  out  of  prr»oo,«a 
a  remission  by  his  majesty  far  their  Urcs*  ool^, 
but  nothing^  reserved  lo  ihem  or  their  crediimi 
of  their  fortunes  ;  only  they  bad  Queen«bm 
the  commissioner's  promise  of  suitic  amail  u* 
lowance  out  of  their  estate/* 

««  October  4,  1635.  Tliere  airired  two  l«tl«i 

from  the  King  to  his  privy  ooiindlf  llie  ta 
anent  the  two  Cesnocks,  ordaining  Ibeni  (tiMngh 
liberate)  lo  lie  reimprisoni  d  in  the  Bu^^vOotwiiiL' 
standmg  iho  remission  given  tbein,  v*  hich  tiif 
only  l'"*r  iheir  life  :  because  sir  John  Corbmn 
liuJ  deponed  on  their  deep  gtiilt,  though  ihry 
with  j^reat  confidence  always  d  ' 
Quitntur^  Ilow  far  the  remission  shi» 
them  from  i>erpetual  im prison Bient«  t*iu  wmi 
no  new  crhue.  ^hey  were  rLhcraiir*  upoit  ^fi^ 
ther  letter  fiy)m  his  Majesty  iu  January  160Si^ 


"  By  the  written  Minutes  before  tne  of  tliii 
Sederunt^  I  find  that  Cesnock's  bill  far  csr^d- 
nation,  was  this  day,  May  1,  [i6Uri]  heiore  ib« 
J»rds  of  the  *\i  tides,  cousiiitiu^  of  his  «^ 
teuccs,  that  he  was  tjiihi,  that  Mich  as  he  bad 
conversed  with  who  were  at  Both  well,  ka^ 
taken  tbeboml,  that  his  case  waa  '  reshacteoiB 
judirala,*  and  an  enumeration  of  the  step*  of 
li]$^  loyalty,  but  the  sliort  hints  befotv  me  iki 
ncjt  bwu  what  was  done  abf»ut  it*  We  sludi 
find  him  atlerwards  forfeited."     2  Wodrow 

I  have  not  been  able  to  discover  any  rvoof4 
uf  this  proceeding  before  the  Lords  of  Ariick&t  { 


STATE rni MA  5l?riiAitMS  ri.  leai.— rAe E. 0/ Loudoun  andotheig.  [990 


Proceedings  against  James  Earl  of  Loudoun,  Georoe  Lord 
l^ltLViLLK,  Sir  John  Cochuane,  of  Ochiltree,  and  Jons 
CociiKiVfiE,  his  Son,  fur  Treason:  SGChaulesIL  a.  d-  1084. 
[Now  first  printed  from  the  Books  of  Privy  Council  and  Re- 
cords of  JuKticiary  at  Kdinburglh] 

811  cli  a  competent  lyroe  for  hh  appearance^  ns 
they  bb&II  think  6tt. 

Apuil  Eclinburgum,  octavo  die  AprilJt,  16B4> 
Sedtrunit 


7% 


B  £4iiibu4^im, 

piinwdieApnti*!  1684. 

m 

ficrunt^ 

Hetloi 

Belcnrrea. 

Bdmirs. 

DuadoivalJ. 

Kw. 

Km  to  re. 

muter  Pri»ci(ia). 

Lei-ijigsronn, 

M^ll. 

B'whop  of  Edinburgh, 

^HK 

Kinuaird. 

^^K 

tTctieral  Daly  ell. 

^^^V 

President  of  Session, 

^^V 

Tiiensurer  Depnt. 

^^^» 

Kcyrtler, 

^B|b 

A'lvi»cat. 

Kginr. 

Jaslice  Clerk.  * 

K" 

Casttehill 

Brise* 

Oosfoord. 

K^^ft* 

Sir  George  Monro. 

Kir* 

Claverhouse, 

i  Lords  of  hh  Mti}esiie9  privie  cottnctll 

kmifliiS^red  a  Petition,  presented  by  the 

'titin,  rcpreiftntinq',  that  he  being 

pp^r    lietiire  the   lords    commtii* 

jttsticiary»  the  mi^Ut  tif  Apryle  in- 

iw^T  for  licvemll  uUeadt^cti  cryraes 

in  I  he  dittay.     But  \w\n[r  furth  of 

^dmne^  th«  tyine  of  the  citatione,  and 

L«nd  in  a  vary  uickly  and  distrest  condi- 

1  at(i)|rether  unahle  to  tnif«U  as  ia  in* 

cerlificats,   proilucwt    upon  scnill 

ttce^  he  cannot  appear  at  the  dyet 

at     his    tnn(»cency.      And  therfore, 

•  (vuppheAting-,  that  the  dyet  mt^ht  he 

r  continued  to  some  cornpettnt  tyme, 

'  be  in  a  ruoJitlon  lo  oppcnr.     'JTh- 

doc  referr  it  to  the  lord^  coinnjU- 

o4  justiciary,  to  grant  the  tupplicant 

lie  JiiaUce-Cletkf  as   the    atyte  of  his 
krateH^   wai*  nut  «ri^nally  one  of  the 
%oijly  clerk  of  the  jusliee-court:  the 
"tin I  f^f  Justiciaiy,  in   which  the 
1  rk,  aj   one   of  the  ftidgea 

t  I  d,  ta  tluit  oi  Decern bcr  Isl 

the  utvtftion  of  his  name  upon  that 
Liccitii  to  hare  taken  place  in  of>edi^nce 
ivy  council  relative  to  the 
»faham.     '*  It  uniyf  hoi^- 
(snys  Mr,  Hnme,)   that 
iirectly  to  call  the  cierU  of 
,c  to  the  bench,   had  met 
or  It  least,  was  not  re- 
t  4lii|ilmaur%.       I'^oi  in  the  sede* 
Tllie    imh    of  J>ec<  s  there  if 

a  weoond   a^n  <i  i,  dated  the 

rthstHKiotiif  which,  alt«.r  itirtcliiig  th# 


Chancellor, 

Cla^lfuiv. 

Theasurer  Principal « 
I L"!  mil  ton, 

^[ontto»e» 

Krro!, 

MarisBhalK 

Linlttbgow. 

Perth. 

I^anmnlr. 

Twecddatc. 

Belcarres. 


Kintour, 

IJvincrstouii. 

Kinnuird. 

Gfueral  Dniydf. 

President  of  Sesmw. 

Theasurer  Deput 

Register, 

Adrocat. 

Justice  Clerk. 

Castlehill. 

Gosfm>rd. 

Sir  George  Moord. 

Clarerhouse. 


The  lionla  of  his  Majesties  privre  councill, 
haTeingcnn^idereJ  une  Addre^semade  by  Jamd" 
earle  of  Loudoun,  suppUcating-,  That  as  the 
i'ouncill  upon  a  former  j»eiitioue,  had  for  tha 
n:*a?iotni  therein  contained^  reromnicnded  to  tha 
lords  commisBionei-s  i>f  justiciary  to  continue 
the  dyet  in  the  crimiuall  process  ai^aitint  iljc  pe- 
titioner, so  ordor  mi|jht  Utt^ranted  for  stopping^ 
any  deuuncialiou  against  l^tm  for  not  getiin^^ 
caotiotie,  for  appearance  for  some  competent 
tymci  thut  he  may  be  in  a  condition  hi  provide 
a"  cautioner,  have  thought  fitt  heirby  of  new 
aj^in  to  recommend  to  the  saiJs  lords  com^ 
uiisaiotierH  of  jusiliciary,  to  gire  onler  tor  5tf»p- 
pin^  any  deuuuciaiion  a^^^ant^t  the  supplicant, 
fur  not  j»:L'ttiinj;^  ofcautione  ^br  appearance  for 
snm«'  rompetcnl  time,  thbt  he  umy  l>e  in  a 
conditioue  to  proviile  a  cantioucrf  he  heinjf  now 
sick  and  furth  of  the  kingdomc,  as  waE  verified 

justice  and  hia  assessors  to  do  in  the  case  of  th« 
&atd  Geotve  Gmhain  aecortlin^  in  law,  pro- 
ceeds as  follows;  ^^  And  fardir  declalreSf  That 
the  Lord  Jcuticc-Clerk  i^  ane  of  the  Jmlg^es  of 
tlje  J iiatice  Coy rt|  and  has  powar  to  sitt  ancfyoatt 
llierein,  and  that  the  said  assessors  bate,  lyk« 
a^  I  he  cotuicil  giire  powar,  authority,  and  com* 
miss  tone  to  them  to  meet,  «itt,  voutt,  and  de- 
t4jrmine  with  the  itaid  Justice  Clerk  and  Justice 
Oennre  in  the  s^id  niallir.^'  In  this  obliqii« 
and  irrc|Tular  manner,  did  the  justice  clerk  en- 
larffc,  or  transform  the  charter  of  his  office; 
and  obtain  a  srat  and  presidency  in  the  court  ; 
which  were  af^eovardi  confirmed  to  him,  upott 
the  new  cstablialmient  of  the  present  judica* 
ture  in  t07 1**  ^^  tlie  History  of  the  Court 
ol  th«  JuBtiQtar  in  tUo  finti  Volume  of  Hfr 
Uume's  Cooijiieniarieti  Chap.  t. 


991J         STATE  TRIALS.  3(5  Ciiaries  U.  l6a4.~Pr«>«e^«Mr*  ag^injii         \m 


I 


by  certifiaiites  produced  upon  «auU  aud  ct)ti- 

The  lonis  of  Jus  iDnje!!iefi  |iri%'ie  councUl 
haveing'  considered  a  PetiUfine  pres€nt4.«d  by 
George  lord  Melville,  represenljng,  tlint  he  Ij€- 
iae  dtfd  lo  ap|i«;ar  biifore  the  lords  com* 
miattoners  of  justicmryT  thts  prei»ent  d&y  to 
soswe&r  for  overall  alleudge^l  crymes,  but  be» 
jn|^  furtb  of  ilie  kiir^dome,  (he  tyme  of  tlpe 
citatione,  and  yet  1^^  ^ud  in  a  very  sickly  con- 
ditione,  and  altogetlier  unable  to  truTcU  with- 
out Dianifest  hazard  of  hv&  life,  as  is  instructed 
by  certi6i'«ts  uuder  the  hands  of  phisitians 
from  Rotterdam,  produced  upon  sou]l  and 
conscience^  he  cannot  compear  at  this  dyct  to 
▼indicate  his  innocency.  And  therefore,  hum- 
blie  supplicating,  that  the  dyet  might  b<?  de- 
serted or  continued  to  »ofne  competent  tyme, 
that  he  may  he  in  a  eouditioti  to  appt^ar,  aud 
diat  viarraod  might  be  given  for  (Stopping  any 
denunciattooe  against  him,  for  not  getting  of 
caution  for  appearance  for  such  a  tyme  a$  he 
uuiy  be  in  a  condiiione  to  provide  a  caulionen 
The  saids  lonls  doc  recommend  to  the  lords 
coromissiinera  of  justiciary,  to  continue  iJie 
said  dyet  for  some  competent  tyme^  that  the 
j^etiKoncr  may  be  in  a  conditione  to  ap(>eur» 
and  to  giTe  order  for  stopping  of  any  deaum- 
dalione  against  him,  for  not  gelling  o'fcautione 
for  aj^pearaoce  to  some  dyet,  that  bo  may  be 

Iio  a  cooditioD  to  provide  a  cautioner. 
Gi 
Cr 


CUBU  JusTTCiARLE,  S.  D.  X.  Regis  tcnta  in 
jtrsetorio  liurgi  rfe  F.diiiburgE,  octavo  die 
tnensis  Aprilis,  auno  mille^imo  sexcco- 
lesimo  octuageaimo  r|uarto»  per  nobilem 
et  potent  em  Comitcmf  Jacobum  Comi- 
tem  d^  Perth,  Justiciarium  Gcncmlem,  et 
honorabiles  virosI>[>niinos  Jacobum  Foulis 
de  CoHiogtoune,  JuKlictarite  Clericum, 
Johannem  Lockart  de  Castlebill,  Oavi- 
dem  Balfour  de  Forret^  Rogerum  Hog 
tie  HarcaiTis^  Alcxandrum  iSton  de  Pit- 
iDedden^  et  Patriciora  Lyon  de  Cars*,* 
Commissionarios  Ju!Sticiaritedicti  8.  D«  N. 
Regis. 

Curia  legitime  afBrmata. 


The  said  day  aneut  our  8overeigne  Lord's 
Criminail  Letters  of  Treuaou,  raided »  used  and 
erecute  at  the  instance  ot  sir  George  M'&en- 
«ic  of  Rosehaughi  his  majcfdies  Advocat,  (or 
hta-bigbuesi  ii)treiit  against  James  earle  of  l^u* 
doun.  George  lord  Metvdle,  sir  John  Ctichran, 
of  OdiiHreef  aud  John  Cuchron,  of  Watersyde, 
bia  aoqc,  maken  mention,  that  whf*r  notWith- 
Standing  be  the  third  act  of  the  lirM.  parliament 
l»f  king  James  ibe  first,  and  thretty  aeventii 


*  This  sir  Patj'ick  Lvoa  of  Cars^,  lorrJ 
fIaitei^(note  B2  to  Uia  Catal<igueof  the  Lords  of 
|i«B«io»4to.  1167,}  say«  »*  had  been  a  nrofiajsor 
of  pbiiosopby  m  the  U Id  College  of8t.  Andrew 'li 
and  aflerwaridK  admii^- depute,  lie  drew  up 
the  Decisions  of  ilie  court  of  sesiioii  from  No* 
T«flab«r  im2  July  to  1637." 


act  of  his  s 

act  twdth   I 

aud  atte  huudr^iU  ;iii 

parliament  king  Jam* 


.t,*aiid  W(lt«»nnlli 


*  Many  of  the  aotient  Srot«  aclJi  orpartia* 
ment  are  very  ootscive.  Of  Ibo  Sd  ucL  ci  Ibi 
Isl  parliament  of  king  James  lat,  the  title  tod 
enactment  are  as  follof^s : 

*  That    na    man  rebelj   against  tbe  ki&gti 

*  jiersane. 

*  Item,  It  is  statute  and  ardai&fad,  Ibat  u 

*  man  openlie  or  notourlic  rrbell  agmtntt  tin 

*  ktngia  person,  untler  the  piine  ol  forelwi]^ 
^  of  life,  lands  and  gudes.^ 

]  Q  like  manner  tbe  title  and  ennclmmt  f^M 
37th  act  (tbe  12th  act  of  his  second  parbanifs^ 
is  as  follows: 

*  Receeptercsof  RebeUca  suld  be  forefiuilteiL 

*  Item,  It  is  diacrr-eted  and  statute,  thai  91 

*  man  wilfullie  suJl  rt'ieipl,  matnteine,  w  da 

*  favor  to  open  aud  manifest  rebeUare«  agtinil 

*  the  kingis  majestie,  iiud  tbe   comtnoo  kv, 

*  under  the  paineof  forcfaultour.' 

f  It  npp^rs  that  these  references  ^re  nol  tl^ 
together  correct.     In  the  c^py  wf  •*  Tlie  Li«i 

and  Actsof  Parliament  madr  bv  Kin^  Jiiiif    !vt 
and  hb  Royal  Succe 
Soodand,"  collected, 
ray  of  Gh^ndack,  it  i>  a^uiod,  tliai  u 
parliament  of  king  James  tbe  3d,  * 
acts  were  pa.<i&etlt  and  none  of  ihem  ti 
towbatisheic  set  fortli.      The    l4 
kingJameisGi  (the  29tb  of  his  12tliparitaii 
ii:£  intituled  *^  Damuage  aud  Expeoces  o" 
suld  be  modified  by  ibe  Judge's,'*  and 
not  relate  to  the  tiial  before  ua.     Uts  [ 
that  the  act  ijttcnded  in  the  pfpn /in><ir« 
next  but  one  of  tbts  same   I  : 
king  Jamcsthe  6th*     It  i«  a»  l 
puiitfibment  of  the  ret^ puns oi 
rebelles.      It  is  statute  and  ui ' 
soverame  lord,  with  advic^^  ol  his^^iea  ial 
present  parliament :  thai  all  fonaer  lawta^  i 
acts  of  parliament,  umid  of  before,  agiis 
reoeipters  of  traitoures  and  rehelltK^  attd  ] 
menl  of  themqubiLkcontef         '^     n  ma 
the  horue,  suJl   be  put  tod  aiouj 

pointes.      And  specially  quuiitr   Lver< 
clared  traytoures,  or  rebel les,  repairs  i| 
parte  of  this  realme,  ntue  of  our 
lurdis  |eii;ei»  vail  presume  to  roceipt^c 
euter-commoun   nith   them:  or  to  gira| 
meaie,  drtukc,  hou^ej  Imrbery  or  any      ** 
comfortf  under  the  same  paine,  Ibr  * 
are  foretauited,  or  put  lo  tbe  boro« 
immediatiJy  upon  Kiiawleilge  of  I 
iug  in  the  bounds,  that  all  his  hienesBses  i 
subjects  doe  their  exact  diligence   at  the  nt|« 
maist  of  tlteir  poller,   iu  acarchitt^, 
taking  aud  apprehendmg  of  Ibe  jiaid  d4K*ll 
traitoum  and  rebelled,  and  pr^^itliig  «^f  tlie 
io  justice,  or  jd  foilovring  of  Ibeni  qutbll  tbtf 
be  takeD  «r  expelled^  and  put  ibtntii  of  i  * 
1 


^99 


IS]   STATE  TRIALS,  36  CHAitts  XL  iSU.^ihe  E.  of  Loudoun  mid  othtrs. 


Wmh 


snd  ordairtefl  that  no  man  openly  nor  luitqurly  \ 
rebell  aiftinst  the  kL^g^s  person  uruutKunty  ur  i 
nsolce  warr  against  the  kiiii^'s  ieidtrfs,  antriUal  ' 
wher  any  deetarcJ  rebel  Is  antl  traitors  iej>ttjrt*j»  I 
in  any  uart  of  this  realnie,  iions  t>f  Km  iiiajes-  I 
ties  leidj^es  shall  presume  ti>  recepi,  8*ippiy  *>r 
intercomon  willj  them,  or  ^ve  them  aity  meat, 
ink^  liousci  harbour,  or  any  releitf  tir  com  to  it 


■chire,  and  immediatdy  to  m^ike  intimation  to  ' 
the  magistrates  mid  pe>-j»ouLi»  of  power  and  au- 
thority in  tbe  uixt  schire :  qidiilk  sal)  hv 
baJden  to  do  tbe  like  exact  tliliijrexice  ivjibout 
delay,  and  sa  fra  f^chire  to  scltii^^  quhill  tbey 
he  apprehen4«d  awl  broelu  to  justice,  or  ex- 
pelteu  and  put  foortk  of  ibe  realnie.  And  fur- 
ther, quliL-ii  ever  on y  mauer  of  iraloures,  re- 
hetlis  or  mikfin^Hu  men,  vagabtnmdes,  hap- 

C»nis  to  repair  in  tbe  coiintry ,  all  bis  bdnesses 
iges  koaMin^  tlietn,  or  amani^'st  r[uh'>m  lliev 
resorl^  sail  ivitb  all  puHsiUle  ^)j«edt^  o^itilie  bi^ 
maieftty  or  fiiame  of  his  Aicrfiit  cuniicell  or  litim 
of  the  cliicre  ptrsouy  of  autbority  anil  creUiie, 
fiwelliog  within  tltesiiiue  scUire.  Tbat  sick  pei'- 
vones  (jnrif  tbey  be  knani*u)  are  \%  itbialhe  same, 
and  if  they  be  unku^iWi'n  siMiawand  their  lakens^ 
and  for  *,vbat  eause  tbey  pretend  tbtm^dvesto  be 
wandenu;?  atbort  tbe  eountry  or  lurking  m  m\y 
part:  under  tlie  [>aine,  tbai  tlie  traytoures,  re- 
belles  and  vai^b'mudbs,uucbtt0  ha^esusteined 
ia  bodies  or  gudtlr«  themselves,  in  cajse  tbey 
had  b«en  apprehended,  prtificnted  and  convicted 
he  justice." 

The  acts  ag-ainst  treason,  and  rebel  I  ion 
pulsed  in  the  reii^'n  of  kin|^  James  2d  of  fSrot  - 
Imd^  are  sixth  parliament  act  3d,  (the  L 4th  of 
his  rei^n,)  '*  That  nane  rebell  against  tbe  kin^ts 
persoti  nor  his  nuthoritie:  Item  it  in  onbined, 
thftt  nane  rebell  au^aint^t  the  kin|ifis  person 
oar  bis  aulhorttie :  and  qiiba  sa  makis  sick 
rehelUonf  to  he  punished  alter  the  tjualitie  and 

aua.ntitie  of  ^ick  rebelhon  be  the  advtce  of  tbe 
tree  estaitei;.  And  gif  it  happenn  onv  vvithut 
the  reaJmc  openly  m  notourly  to  rebell  a^iost 
Uie  king',  or  mikis  weir  agmnst  the  kiu|J[is 
leif^  against  hi  a  forbidding/  in  tbnt  case  the 
king  to  g'an^  tipon  them  with  assistance  of  tbe 
hat  It  lands  and  to  punish  them,  after  tlic  quau* 
titie  ofthe  trespasse."  The  13th  or  I4ih  (tor  as 
to  this  there  seems  to  be  some  ccmfusion)  act 
af  same  lutrliament  (the  1}4th  or  25th  ucl^  oY 
his  reign)  is  a*  lollows:  **  Sundrie  poyntcs  of 
treason.  Item  it  is  statute  and  ordained,  that 
jfif  ony  man,  as  God  forbid,  committe  or  clo 
treaion  a^inst  the  kin|^6  person  or  hiti  niiije*** 
tic,  or  risis  tn  Jeire  of  weir  against  birii,  or 
laye*;  bander  upon  his  person  violet  it  lie,  i|uhnt 
age  the  kiuij  he  of,  zownff  or  onid,  or  receptis 
'  omy  thai  hes  committed  tretisun,  or  that  sup- 
fkUes  them  in  heipe,  redde  or  cuuneeif  or  tliut 
fftuffis  the  bouses  of  them  that  are  convict  of 
treason,  and  haldis  tbem  againt>t  tbe  kint:''^  or 
that  Btuliis  houses  of  their  ain  in  furthering  of 
the  kingi«  rebelteis,  or  that  assabries,  castile^i  or 

Iplices  where  tbe  king^s  per^u  sail  happen  to 
te,  without  the  consent  of  the  three  estates,  sail 
%e  pum^^bed  astraiWrn^es.^' 
YOL.  X. 


I 


under  the  ^anie  paine  for  wbilk  tlicy  are 
faulted  and  put  to  ihe  borne,  and  tliat  imme- 
diately U|H>o  kiiuuledi;''e  of  thi-tr  rvpairin^  in 
the  hounds,  all  hi*  muje*ilie-s  obedient  subfectn 
due  their  exact  dih<;etR-e  at  the  outmost  ol  their 
iMjwer  in  searcbinf*',  seeking^,  InkjHijj'  aud  appre- 
hending tin;  saidii  traitois  and  rehells  and  pre- 
senting tbent  to  justice,  or  in  fi<Ih*vviii^    X  tbein 
lilt  tbey  he  tak^n  and  exj>elle4  und  put  out  of 
the  sbi^re,  and  imrne<ltaiely  tliui  ihev  make  in* 
timaiion    to    the   niag^istrates  and   peijions   of 
power  and  authority  in  the  ni\t  ub^re,  wh»* 
shall  he  bolden  to  do  tbe  tyke  dtiit^uce  \\vi\i- 
out  delay,  and  ^ua  from  ^hyre  Vj  ikbyie,  Wbda 
they  be  apprehended  and  hronj^ht  to  jusitice,  or 
expelled  and   pnt  furth  af  ttie  rtabne.     And 
furder  iihen  any  manner  of  traitors  nnd  relH:lls 
liappens  to  repair  in  the  country,  all   Vns  uia- 
je^rtkes  lied^t^^  knowing  them  i;r  amoiiiTKi  wiioiu      M 
tbey  re«ifjrt,  sbalt  ^vitb  all  pos»,s]ble  i»peed  certify       | 
the  kind's  majesty  or  some  of  bis  privy  councdl, 
or  ifoine  of  tbe  chief  ^>ersons  of  rtuttiority  and 
crtHlit,  dwellmer  within  the  same  shy  re,  tbat 
sick   persons   (if  they  he  known)   are   wiibm 
the  same,  and  if  they  lie  unkno^vn  showing' 
their  tockens  under  the  pame  thai  the  traitorii 
and  rebells  oui(bt  to  have  sustiimcd  in  hod^ea 
or  i^food!}  theni2»tlvej  in  cane  ttiey  bad  been  ap- 
prthended   presented,  and  cfinvicl  lie  jnstice, 
And  be  ihe  fourteenth^  act  si.vtparlikiment  king' 
James  the  second, .  It  is  declared,  that  all  who 
shall  recept  sucti  as  arc  justified  for  crymes  if     ■ 
the  cry  me  he  notour  and  the  trespasser  coiiFict     ^1 
or  declared  guilty  and  ordained  to  he  punislied 
a*  the  pdneipatt  trespasser.     And  he  the  nynlie 
seventh  act  seventh  parliament  kmk  James  the      J 
(fyft^  4tl  i»berrLtl«»,  haibies  and  others  are  or-      I 
dained  to  doe  diti^jence  to  apprehend  all  rehells 
who  are  at  the  liorne  for  capttall  crymes,  and 
that  no  man  lAiUlnlly  or  wittint^ly  recept,  sup- 
ply, niaintaine,  defend,  or  doe  favour  to  any  o|* 
tbe  kiiifT^s  rebilts^  and  being  at  the  home  itith- 
in  ttieir  houses,    bounds,   laiuls  and  bnilaEurien 
under  the  paine    of  death  and  conliseaticni  of       . 
muveables.      And  by  tbe  fyli  act  5rst  session  of     ■ 
Ills    majesty *s  hrsi   parliament,  it    is  ileclar-    •  ■ 
ed   th{Ll  It  shall  he  high  treason  for  the  sub- 
jects of  this  reahne,  or  any  number  of  lliem 
more  or  less  upon  any  ground  ur  pretext  v>  hat- 
some  ver,  to  rise  or  contiiuje  in  ariues,  te>  mak« 
peace  or  %varre  w  ithoot  his  majesties  speeiafl      J 
authority    and    approbation,    first    intcrponed       I 
tliereto.    And  be  the  It  rat  act  ei^hteinth  parlia- 
ment kiu|°^  James  the  «ixt,  Tbe  estates  ok  par- 
liament faillifuily  promise  perpetually  to  obey, 
maintmne  and  defend  the  prerogaiive  royatt  of 
his  sacred  majesty,  his  airs  and  successors,  and 
priviledge>  ot'  his  liigimes  cnnvn,  with  their 
lives,  lands  and  goods.     And  be  tlie  second  act 
sec^md  session  of  bis  majesties  firia  parliament, 
It  i^  statute  and  ord«4iiieil,  that  tf  any  piM>ont 
or  |M:rsons,  shall  licreaiter  plott  contryve  or  in- 
lentt  death  or  destruction  to  his  majesty,  ur  any 
bc»ddy  harm  lending  ti»  death  or  deslructioD,  or 

♦  Tliis  seems  rather  to  He  the  15th  act  of 
king  James  3d,  tkoug^h  it  is  tkot  recited  ojcactlyr 


I 


^^ 


^Bte^ift 


d 


995]        STATE  TRIALS,  S6  Charlxi  U.  i684.— PrMrfMb>g»  agmtui         [996 

^ny  restraint  upon  his  royall  )>erBon,  or  to  de- 
1  ry V6,  depose  or  su&pend  him  from  the  style, 
hooour,or  kingly  name  of  the  imperiall  crowne 
of  this  realme,  or  suy  others  his  dominions,  or 
to  suspend  liim  from  the  exercise  of  his  royall 
govemmtnt,  or  to  levie  warre  or  take  up  armes 
against  his  majesiy,  or  any  commissionat  by 
hmi,  or  shall  intvse  any  btran^eis  to  invade 
any  of  his  dominions,  and  shuli  by  wry  ting", 
printing,  or  other  nialioious  and  advysed  speaK- 
mg,  express  and  declare  sueh  their  treasonable 
intentions  after  such  pers«m  or  persons  being 
upon  sufficient  proliatiun  legally  convict  therof, 
filiall  be  doomed,  declared  and  adjudged  trai- 
tors, and  shall  suffer  forfaulture  of  Tyfe,  ho- 
nour, lands  and  (>o(k1s,  as  in  the  cases  of  trea- 
son. And  be  the  Inmdreth  and  twenty  nynth 
act  eight  parliament  king  James  the  sixt,  the 
royall  power  and  authority  in  the  persone  of 
the  king's  mRJestie,  his  airs  and  lawfull  suc- 
cessors over  all  states  as  well  spirituall  as  tem- 
poral, within  this  realme,  is  ratificil,  apprevcn 
and  perpetually  confn-med.  And  it  is  statute 
that  his  highnes,  his  airs  and  lawfull  successors, 
he  themselves  and  tlier  council  are  and  shall 
he  judges  competent  to  all  persons  his  sub- 
jects of  whatsomever  estiite  pV  degree,  function 
or  condition,  and  that  none  ofHbeni  shall  pre- 
lume  to  declyne  his  judgment,  his  airs  and 
successors,  or  his  council!  under  the  paine  of 

treason.  And  be  the  eleventh  act  of  the  first 
session  of  his  majesties  second  parliament  *  it 

is  statute  and  ordained,  that  intyme  coming  in 

all  cases  of  treasonable  rysing  in  armes,  and 

open  and  manifest  rebeUion,  against  his  ma- 
jesty, his  adVoeat  for  the  tymc  may,  and  ought 

to  insist  against,  an<l  ]HTseeute  such  persons  as 

he  bhull  he  orderiMJ  hy  his  majesty  or  Ids  privy 

councill  to  persue,  and  if  the^  b<r  cited,  and  doc 

Tiot  apiK;ar,  the  justices,  notwithstanding  of  their 

^bsi'uce,  m  y  ui.d  oii^hl  to  proceed,  (if  they  be 

cited  and  doe  not  appear)  to  consider  and  give 

their  interlcuuitor  iipim  the  lyl>ell  and  u|»on  the 

verdict  of  the  incpiest,-  tiudnig  the  same  to  be 

proven,  the  doom  and  sentence  of  forfaulture 

ought  to  l)e  given  and  pixinounced,  in  the  s:ime 

nianui  r  as  it  they  wer  present  and   compeir- 

ing.      Nevertheless  it  is  of    vciity  that  the 

said   .laiiH's   earle  of  Lowdoun,  (/eorge  lord 

l^Ielvill,  sir  John   Cochran  of  Ochiltrie,  and 

J'din  C'oohraii  of  Waterside  his  sone,  shacking 

olf  all  fear  of  (Jod,  respeet  and  regard  to  his 

iiuijesties  aut|)()ntie  and  luNves,  ha\e  presumed 

to  eomniitt,  and  are  guilty  of  the  said  erymes, 

in  Ki:a  farr  as  J<.hii  lial',"».ur  of  Kioloch,  the  de- 

ce:.st  t>a\i(i  l^[:u  kstoun  of  UiiihilJLt  and  others, 

having  unon  the  third  day  of  i\lay,  1679  years, 

kdled  and  murthered  his  grace  ihe  latc'arch- 


^  In  sir  'J  hontas  3Iurruv*s  Laws  and  Acts, 
only  one  KeKKioii  is  noticed  of  this  second  par- 
lian)tnt  of  king  James  Uth.  In  that  session 
only  ten  a<'ts  i\n\e  appear  to  have  been  passe<l, 
Done  of  uhii'ii  h*s  uii\  relation  to  this  matter. 
The  IMh  a<'t  of  the  Ut  session  of  the  second 
parliament  of  c;harlcs  2t  is  concerning  the  vx- 
cise  and  customs. 


bishop  of  St.  Andrews,*  they  fled  into  the 
western  shyres,  and  their  rose  in  open  rebeDifm 
with  nyne  or  ten  thousaorl  their  accompUees, 
under  the  command  of  Robert  HamUtooa, 
brother  to  the  laird  of  I'restoun,  banit  his  ma- 
jesties lawes  at  the  mercat  crose  of  Kuthergteo, 
upon  tlie  t>>enty  nynth  day  of  tbenid  mmietli 
of  3iay,  drowned  out  bonfyres  set  on  in  coid- 
memoration  of  his  majesties  happy  restau- 
ration :  Issued  furth  treasonable  proclaaiatiooi 
and  declarations,  and  upon  the  Sabbath  day 
thcrafler,  did  assault,  resist,  fight,  and  oppowA 
party  of  his  m^esties  forces  at  Dilimdo^i 
killed  and  murthered  severalls  of  them.  Tbor- 
aftsr  attacqued  and  assaulted  the  citj^  of  Glai* 
gow,  and  tiis  majesties  forces  thenn,  rende- 
vouzed,  exercised,  and  formeil  themselvci  ia 
ancarmy.  Appoyntedofficersapd  commanden 
over  them,  Ikeep'd  coancilies  of  wane,  ploi- 
dered,  robbed,  and  riffled  the  goods,  bonei^ 
and  armes  of  his  majesties  dutiefuD  and  loyal 
subjects,  and  continued  in  open,  avowed  aad 
despcrat  rebellion,  committing  all  acts  of  hoi- 
tilitv  and  high  treasone,  till  Uie  twenty  secosd 
of  the  said  moneth  of  June,  that  they  were  de- 
fate  by  his  majesties  forces,  the  said  sir  Joba 
Cochran  was  actor  art  and  part  of  the  ttM  re* 
bellion,  and  the  other  treasonable  cryoMS  iiieve 
mentioned,  in  suatarr  as  Mr.  William  Gilchrist, 
sone  to  William  Gilchrist,  in  Ocfaikiee,  wba 
was  a  pretended  preacher,  and  fntfittBiti 
house  and  field  conTenticles,  a  oomiBoattd 
notorious  traitor  and  rebell,  who  was  actnalh 
in  the  said  rebellion,  having:  theraftcr  leturocd, 
was  recept,  harboured,  conversed  and  interaoa* 
raoned  with  by  the  said  sir  John  Cochran  a 
his  house  of  Ochiltree,  and  several  other  plaoci, 
gott  lodging,  meat,  drink,  and  was  otherwiva 
supplied  and  comforted  by  him.  And  beuf 
imploycd  by  Mr.  Robert'  Miller  indulgej  ai- 
nister  at  (ichiltrie,  after  the  said  rebdlion  to 
preach  at  Ochiltrie,  although  the  said  sir  Jote 
knew  him  to  be  a  notorious  traitor  and  nMf 
yet  he  and  his  family  heard  him  preach,  aod 
therafter  recept  him  in  his  house,  intertuncd, 
and  lodged  him,  suffered  him  to  pray,  and  ef- 
ercise  therin.  And  in  the  moneth  of  April 
or  May  1682  years,  the  said  sir  John  banMr 
gone  to  England,  he  carryed  the  said  rebol 
from  his  ow  n  house  alongst  with  him.  And 
sickly ke  the  said  sir  John  Cochran  did  upon 
the  days  of  January,  FebmaiT; 

&c.  1682  years,  or  ane  or  other  of  tbeusycsv 
the  saids  moneths  of  the  said  year,  did  treasoi- 
ably  harbour  and  recept  Master  James  firovii 
anc  0{>en  and  manifest  rebell  and  traitor,  wba 
was  actually  in  the  said  rebellion,  and  coi- 
veyed  him  off  the  couutrey,  of  purpose  to  eriH 
the  strock  of  justice  to  him  l*y  law,  and  I)Ik* 
waves  did  hurlMiur  and  recept  on  his  gruuodi 
and  lands  as  his  tennents,  and  receaved  OMal 
and  duety  from  Andrew  Paterson  in  Ocbil* 
trie,  Charles   Colvil  younger  in  Towohsidi 


*  See  the  Cases  of  James  Nitcfael,  vol  & 

{I.  1207 ;  and  of  David  Hackstoun,  laird  « 
iaihillet,  p.  791,  of  this  Toiimw. 


^97 


]  STAtE  tRTAl5,  35  Charles  I!,  1 

ames  Jotinstoun  ^ane  to  Jotm  Jolmstoun  in 
hillrie,  David  I>mje  in  CJors,  Ft^Nn*  M»ir- 
loch  near  tli©  Kirk  of  Odiillrie*  common  an»J 
ionous  rebflls  ami  iniitors,  who  were  ac- 
uity ill  the  reMlioo,  ami  were  liis  teneub 
*lh  before  and  after  tUc  r«*lH;llii>n.     And  also 
iBie  said  John  Cochran  of  Uattrsvile,  Wiis  ac- 
[cially  \n  artnes  i^ith  the  saiils  nWHs  at  their 
fieoderouzc  at  Cumnock,  aud  particular! v  upun 
the  day  of  Juni^  the  Kaid  vt-ar,  tlit?  ^ 

said  John  Cocliran  did  asscciat  hinisilf  Ur  the 
laird  of  Btirtcobhand  a|iDrtv  of  thesaidsrebells, 
cynsistiiiLj  of  ifyve  or  six  hundreth,  and  licing 
ii]ount4>il  <m  horseback,  in  anneal  itid  with  and 
a  mangel  them,  as  one  of  their  romraaiiderB, 
fcadiTouzed  and  f^xercistd  with  tht»nj,  anil  be 
was  so  farr  accessuric  to  ihe  said  rebellion^  ihat 
be  penuaded  s^ierall  perfions  who  were  ibere 
logo  alongfst  witb  the  I'cMls,  and  joy ne  with 
tbecn  in  tbdr  rebehious  courses  and  pruclice«i 
and  thereto er  be  suptdytd  i!ieni  with  wyae  and 
other  provisions,  out  of  his  faiber's  bouse  in 
Ochihrie,  and  intertained  Master  John  Welsh 
and  others  thereat.  And  since  he  came  to  the 
iTorld,  and  to  any  knowled]^e,  be  has  vented 
and  practised  rebeirmusand  seditious  principles, 
and  prairtices.  And  sicklyka  the  said  James 
earle  of  Loudoun  and  several!  other  disloyal! 
and  disaffected  gfentlemeu  and  preachers  niett 
together  at  Templebolme  at  ihe  WatCTsyd 
lieat  Gabtotine,  at  Kdmaruock,  tlie  place  of 
Jjoii^oun  and  other  places,  and  at  the  Kirk  of 
Galstoune,  at  the  huriall  of  the  deceist  Geori^e 
Canipbe!!,  a  captaine  of  the  retiells,  upon  the 
first,  second,  third,  or  ane  or  ottier  of  t!ie  dayes 
of  the  luoneth  of  June,  1679  years.  And 
there  treated^  eonsutteilf  an  it  advysed  anent  the 
larryiog  on  of  the  said  rebellion »  and  aiding 
and  as-iistirtfir  the  salds  reheJb,  and  in  order 
thereto  he  did  furnish  sereraU  with  horses  and 
amies  to  goe  to  the  said  rebellion,  and  bar- 
loured,  intertained,  corresponded,  anrl  con- 
ersed  with  severall  declared  trailora  and 
igitiveA  for  treason i  and  who  continued  in 
ttmies  after  the  said  relKdl ion  for  several  I  years, 
inorderingf  and  kilhn^  several!  of  his  majesties 
^uMicrs  ;  anil  partiruiarly  John  Nisbet  of 
Hardhill,  a  declared  traitor,  and  !«everatl  ttther 
declared  rebel  la  and  fngilives  lor  rebellion 
ttpoQ  the  ground  of  \m  lands  and  as  domesticks 
In  his  own  bouse  and  family,  and  oiherwayes 
aided,  converged  w ilh,  and  assisted  them.  And 
his  Majesty  in  the  said  year  1679*  having- by 
his  grations  prticlamalion  allowed  that  alt  com- 
mons who  had  hetn  in  thcKaid  rehelbtm  sboold 
wixt  and  the  tyme  thereby  ptefixt,  si^e  and 
aubscribe  a  bond  *  not  to  ri^e  in  nrmes  against 
him,  and  that  before  sucli  commissioners  as 
the  council  did  appoynt  within  tlte  respectife 
thy  res.  Atid  tlie  eaiie  ofGlencarne  b^^ing  ap- 
lynted  to  receave  the  iKjnds  sua  signed  within 
lesbj^re  of  Ayre,  the  said  earle  ofLntubun 
^e&igtiiog  to  frustrate  his  majesties  gracious 
pitociamationt  and  to  continue  the  principles 


9^™ 


I       his 

Vl>et^ 

hit 
th« 
ah: 

mfiu 


'^^  As  to  this,  seethe  Case  of  John  Bpreul,  at 
p.  fiiS^  of  thi#  VoluDoe. 


I 


684. — the  E.  of  Loudoun  andothen,  fi 

and  practices  of  rebellion  in  these  parts,  ^lld 
cause  John  Cuiupbellf  mius  Boltifoctt,  his  offi- 
cer,  call  and  conveen  his  wlioll  tennents  toge- 
itier  within  the  Closa  of  Lomloun,  who  having 
accordingly  mett,  the  said  John  Campbell  liX  - 
acted  two  nierks  8cor^  fn>tn  each  pei'soue,  for 
subscnbing  the  forsaid  bond.  Anil  tho  siiid 
John  Campbell  with  the  assistance  of  Andre%r 
Mc'Rofifiey,  Nottar,  did  most  fraiiduleiill y  and 
falsify  by  fiiraself  subscrylie  a  pretended  liond 
in  natne  of  many  persons^  scneralls  wherof 
licing  conveeued  l*efore  major  Whytt  and 
others  commissionat  by  the  council!,  and  inter- 
rogat  anent  the  subscribing  thereof,  they  uc-  ■ 
knowleiiged  and  contest  that  they  never  sub-  ■ 
scry  bed  thti  same,  all  wliicb  wasilone  and  per-  ■ 
pet  nit  by  the  direction,  advyce»  and  astsi  stance 
of  the  said  earle  of  Ijoudnun,  and  the  said  John 
Campbell  bis  officer  being  ctmscimis  of  the 
truth  and  veiitie  oi'  the  premises,  fled  imiue- 
diatly  over  lo  Ireland.  Lykeas  the  aaid  lord 
MeUid  is  guilty  of  and  accessory  to  the  said 
rebellion,  in  sua  farr  as  bis  majesties  forci^ 
having  marched  in  the  said  monclh  of  June 
1679,  to  liie  Westerne  countrey,  forsubdueing 
of  the  relief b  then  in  armes.  And  the  said 
lord  Melvill  being  witli  h\s>  majesties  forces  at 
the  lyme,  and  with  as  much  outward  zeal 
professing  bis  eani^tness  to  overthrow  and 
subdue  the  saids  rebel  Is  as  tlie  best  of  bin 
majesties  subjects,  yet  he  most  perlidiously 
and  treasonably,  exprealy  cou trair  to  his  af- 
leailgenee  and  loyalty,  refigion  and  duty,  dared 
and  presumed  to  intercommon  and  correspond 
with  the  saids  rebells,  and  to  keep  intedigence 
with  them,  and  send  commissioners  to  theni^ 
and  particularly  upon  the  twenty  one  day  of 
June,  the  night  before  the  rebel  Is  were  defate 
at  Bot! I wel bridge,  the  said  lord  Melvill  did 
send  and  dispatch  Jolm  Uliilar  of  Walerhaugh 
from  his  majesty's  camp,  to  ^Ir.  Jolm  Welsh 
and  otiiers,  the  ringleaders  and  commanders  of 
the  saids  rebcUs,  with  letters  and  written  com* 
missions,  &i  least  verbal!  oi'ders,  giving  thent 
ane  accompt  of  the  strength  and  numlK'rof  his 
majesties  forces,  and  of  tbeir  resolutions,  and 
several!  other  things  tending  to  tlie  prejudice  of 
his  majesties  govelnuient,  and  thestrciigthning 
and  fortifieing  of  the  rebells,  and  which  com- 
missioner of  his  accordingly  arryved  in  the# 
camp,  and  delivered  the  sanis  letters  and  com- 
missions to  Mr.  John  Welsh  and  others,  the 
ringleaders  of  the  said  rebellion,  and  receaved 
such  returns  as  the  ^aid  rebells  thought  titt  to 
send  to  him  upon  the  said  occasion.  And  in 
lyke  manner  iher  being  a  dread  full  ccnsppic/ 
and  plot  entered  into  by  the  late  earle  of 
Shaftsbnry,  and  after  hisdeceis^  carry  ed  on  by 
a  pretendi't  councill  of  slate,  vizt.  by' the  duke 
ot  >Iunmouth,  the  earle  of  Kssejc^  the  lord 
Rtiisill,  Algernoon  Sidney,  Mr.  liamden,  unci 
Sf*ver:dl  others.  Thcy»  for  strength enuig  of 
their  rebellious  fiction,  rciohtd  to  draw  in 
some  ditjcontented  persons  within  his  mtijestietf 
kingdome  of  Scotland,  and  in  order  thereto, 
tJiey  did  trnnsnct  with  the  late  earle  ot  Ar- 
^le  for  raisLnif  ten  thousand  men,  with  whl«lf 
I  % 


d 


STATE  TRIALS,  36  Charles  II.  l6S^^ProceeiUngM  ngmmt        [1600 

he  was  to  bc^nne  the  rebellion  in  Scotland,  i  nesses  contained  in  the  ezecutioiis,  and  made 
And  did  commisRioDat  Aaron  Smith  to  goe  for  I  faith  upon  the  troth  and  veritie  of  the  ezecu* 
the  said  kiDgdomc.  of  Scotland,  and  to  engage  I  tions  in  all  poynta,  James  Dunbar  HeranlJ, 
the  said  lord  Melvill,  sir  John  Cochran,  John  I  executor  of  the  saids  letters  at  the  mercatcnice 
Cochran  his  sone,  and  severall  others,  who  |  of  Edinburgh,  peer  and  shbre  of  Letth,  being  in 
accordingly   did    repair    to    London    in    the  |  sickness  and  not  able  to  come  to  the  court,  the 


moncths  of  May  and  June  last,  and  ther  they 
did  enter  into  the  said  abominable  conspiracy 
for  raisin*r  a  rebellion  against  his  msje^. 


which  they  were  to  prosecute  in  conformitie  -his  oath,  he  de|K>ned  he  truely  execute  the 


with  them  in  Scotland,  to  the  mine  and  de- 
struction of  his  person  and  government,  and  to 
the  absolute  extirpation  of  monarchy  itself, 
and  that  royall  familie  to  which  they  had  been 
so  much  oblisred.  Off  the  whilk  crymes  of 
treason  and  lese  majesty,  conTeisiug  with, 
harbouring,  recepting,  intertaining,  and  cor- 
responding with  reMls  and  traitors,  and  other 
crymes  abovementioned.  The  haill  fore  named 
pei-sons,  and  ilk  one  of  them  are  actors  fit  least 
art  and  part.  Which  being  found  be  ane  as- 
sise, they  ought  to  be  punished  with  for- 
faulture  and  loss  of  lyfe,  lands,  and  goods,  to 
the  terror  and  example  of  others  to  committ  the 
Jyke  hereafler. 

Ptr$€teer, — Sir  George  Al^Kenzie,  of  Rose- 
hangh,  his  Majesty's  Advocate. 

His  Maiesties  Advocat  pn)duced  the  said 
^rouiall  letters,  duely  execute  and  indorsat 
against  flie  saids  defenders  upon  Iftwful  days, 
and  in  a  legall  manner  by  usiu^  all  solemnities 
necefisar,  and  leaving  and  affixmg  full  doubles 
of  the  letters,  with  lists  of  the  haill  assizers  and 
witnesses  names,  to  be  adduced  against  them. 

Compeired  lykewayes  James  Guthrie,  and 
William  Hume,  pnrsevants,  executors  of  the 
saids  letters  at  the  defenders  duelling  houses, 
and  the  respective  mercat  croses*  with  the  wit- 

*  Hv  the  33il  act  of  the  icign  of  queen  Mary 
(the  6th  act  of  her  (jth  parliament,  1555)  en- 
titled :  "  The  Ordour  for  Summoning  of  par- 
ties to  compeir  before  the  Justice,  or  uther 
Judges."  his  statute  and  ordained,  that  ony  per- 
son summouned  to  compoirc  before  tlie  justice, 
his  deputes  or  uthers  judges  within  this  realme, 
havaud  [>ower  of  justiciarie  in  criminal  causes  ; 
the  copic  of  the  saidis  letters,  or  precc  pt,  quhair- 
.  by  hee  issumm<)uned,sall  be  delivei-ed  to  biin, 
gif  hecau  lie  personallie  apprehended,  and  fail- 
zieing  thereof,  snil  be  delivered  to  his  wife  or 
servands,  or  aHixed  u[)(>n  the  zet  of  his  flwel- 
ling  place,  gif  he  ony  lies,  and  thereafter  0|)en 
proclamation  being  maid  at  the  head  burgh  of 
the  scbire,  ane  other  copie  to  \w.  aftixed  upon 
th»'  mercat  croie,  providing  always,  that  gif 
there  be  mau  persons  nor  twa  conteincd  in  the 
letter,  being  nil  cajltd  uriou  ane  deede  and 
crime  ;  in  that  case  iwa  copieu  to  be  delivered 
to  twa  of  the  principal  named  m  the  suidis  let- 
ters, or  then  given  to  tiieir  wives  or  servundes, 
or  atlixed  upon  their  zettcs  or  dwelhng  places, 
gif  the}  ony  have,  and  ane  copic  leA  and  af- 
fixeil  u(>ou  the  mercat  croce,  <juhair  the  publi- 
catiun  IS  maid,  to  l)e  sufficient  to  the  haill  per- 
Boues,  quhat-suinever  they  b««  co&taioed  in  the 


lords  appoynted  three  of  their  number  to  gof 
to  his  house,  and  take  his  oath  upon  the  verifi- 
cation therof,  who  accordingly  having  tAken 


samen  conforme  to  the  execution,  and  the  wit* 
nesses  contained  in  the  execution  being  swon, 
de|K>ned  the  same. 

His  majesties  advocat  produced  a  wamad 
from  the  lords  of  his  majesties  privic  coudoII, 
for  i>ersewingthe  forsaids  persones^and  taking 
previous  tryall  against  them. 

The  said  day  com|>eired  Mr.  David  Cob- 
ninghame,  advocat,  as  procurator  exauaiom 
nomine  for  James  earle  of  Loudtmn,  and  pit- 
duced  two  Acts  of  privie  councill,  the  one  dated 
the  first,  and  the  other  the  eig^ht  dayes  ef 
Aprile  instant,  wherby  the  lords  of  privy  coon- 
cill,  because  of  the  said  earle  of  Loudoun's  very 
sickly  and  distrest  condition,  and  inability  to 
traveil  as  was  instructed  by  certificates  pro- 
duced unon  soull  and  conscience  beliire  tbe 
saids  loros  of  councill,  referred  to  tbc  fenb 
commissioners  of  justiciary  to  grant  the  nid 
earle  of  Loudonn  such  a  competent  tyme  for 
his  appearance  as  they  shoukl  fitt.  Ajid  alia 
recommended  to  the  saids  lords  to^ve  order  for 
stopping  any  denunciation  against  the  said 
earle,  for  not  getting  caution  for  appcaranei 
for  some  competent  tyme,  that  he  may  be  in  a 
condition  to  provydea  cautioner,  he  being  now 
sick  and  furth  of  the  kingdome,  as  was  verified 
by  certificates  produced  upon  soul  and  oao« 
science,  as  said  is. 

The  said  day  compeired  Mr.  James  Grfaane 
advocat,  as  procurator  exiusafof  to  nomine, fcr 
Geoi-ge  lord  Melvill,  and  pr(»duced  ane  Actrf 
privy  councill  of  the  date  the  eight  day  of 
April  instant,  wherby  the  saids  lords  of  prinr 
councill,  because  the  said  lord  Meh  ill  was  furth 
ofche  kingdom,  the  tyme  of  ihe  ciiatioD  and 
yet  is,  and  in  a  very  sickly  condition  and  alto- 
gether unable  to  traveil  Mithout  manifest haxaid 
to  his  lite,  as  was  instructed  by  certificates* 
under  the^hands  of  phisicians  from  Rotterdame, 
produced  upon  soul  ancl  conscience,  recomeod 
It  to  the  Lords  Commissionei-s  of  Justiciary  to 
continue  the  said  dyet  for  some  competest 
tyme,  that  the  j)etitioiier  might  be  in  a  copdi- 
tion  to  a|)|>eir,  and  to  eive  order  for  stopping 
denunciation  against  him  for  not  gettio^T  ^ 
any  caution  for  appeirance  to  some  dx-et,  that 
he'may  1k>  in  acondition  to  provyde  acautioKr 
as  the  said  Act  at  length  bears. 

saidis  letters.  See  likewise*  the  86th  act  rf 
king  James  6,  being  the  45th  of  his  lltb  par- 
liament. Concerning  the  l:iw  as  to  citations,* 
Hume's  Couimeutaries.  chap,  ti,  sect  4,  6,6. 
I'he  citation  by  pvoclamatiOD,  and  aflixitf 
copies  at  tbe  luai-kct  cross  i«  calkKl  Edtcti 
dial  ion. 


p  STTATETRIALS,  36  Charles  lU  l6B4,.'-thtE.ofJUudounandcth€rM.  [100^ 


» ht/tda  Justice  Generall,  Justiec  Ckrk 
Unmbskmcrs  of  Justict&ry»  liaviog^  con- 
I  ills  Mudjs  acts  of  couiicill,  tU^y,  In  re- 
^~  off  coiUiuiieU  thecriiiimaU  action,, 
tt^aiust  the  said  James  earle  of 
and  Ceoru«  lord  Melvill,  till  the 
^^  Mumky  of  November  iiixt,  being  the 
i  day  ibemjf,  unci  orduined  them  to  find 
DO  lor  their  ap[>eirance  before  tiie  salds 
i  Coniinissiioiier^  of  Justiciary  at  the  said 
^  bct^vixt  and  the  slxt  day  of  October  iiixt» 
ccrlifKatioo,  if  ihey  find  not  the  said 
lltey  shall  be  denuticrd,  conform  to 
prinoijiatl    letters   raised   and  direct 

hv  sdad  day  sir  John  Cochran  of  OchiUrie, 

>  Jot  in  f'iK'hran  of  Watersyde,  tieing  oi\ 

cjiiied    to  have  eomi»eired   bi4bre   the 

lords  this  day  and  place  in  the  hour  of 

IQ  have  undt^rlyen  Uie    law,    for  the 

able  cr\mes   aboie  mentioned*  and  to 

kisiird  ami  seen  doom  and  sentence  of 

tilliire  [td  and  deduced  ag^ainst  them^  and 

bare   proponed  their  defences  ag^ainst  the 

tit  ^^  ny  the  ^uuneo  should  not  pass  to  the 

ane  as^yse^  and  to  have  giren 

^  again  tit  the  witnesses  auu  as- 

»  Ui  be  iuiduccd  against  tliem,  if  they  any 

I  mt  ihey  who  were  lawfully  cited  in  manner 

Ijnciltianed,  for  that  efiect,  lawful!  tymeof 

"*  1  they  nor  none  of  them  com peir, 

'     "       ■,J1,  Justice  Clerk, 

»ry,  therforhe  the 

ot  ^i.^MM ,  iUi.i >>v-i.T ,,  iimcer  of  Court, 

und   adjudged   the   saids    sir  John 

of  Ochiltrie,   and  John  Cochran  of 

Bvde,  his  none,  to  be  outlawed  and  fogfi- 

fruc  hiif  majesties  lawes,  and  ordained 

to  (jc  put  to  the  home,  and   all  ther 

lile  gXM>ds  and  geir  to  be  e^blicat  and  in* 

bt  to  our  sovereign  lord's  use,  for  llier 

nption  and  disobeeience,  which  was  pro* 

irt*f1  for  doom. 

urds  for  se? erall  eaoses  movlnj?  them, 

I  the  process  of  foitaulture  a^aintt  the 

John  Cochran  and  his  sonc  tit]   to- 

,  arid  ordained  the  witji esses  and  as- 

i  to  attend «  ttk  person  under  the  pain  of 

lliuiidrcth  mtaks. 


,  .1i 


a  D.  N.  Regis  tenta  in 
de  Edin^ur^fh,    nono   die 


pn 

lit^j  in 

H    pin<.  Mt'iid  i   'Miju'Ti;    .r :.!'  M.  MJtM   '...uniJiflU 

ik*  I*«-rth,  Jusltcnriurn  iuMttralfin,  etho- 
fl^pj,,!..^  .M...  (i. .,,,..-,  ^  r^jbimi  Foulis 
de  <    Clminim» 

^.llehilU  Da> 
r,  liojjrerum  Hog 
»iin  Heton  de  Pit- 
pt  i'ninrmni    Lyoii  de  Carss^ 
nonario^  Justicianie,  diet*  S>  D. 

Cuna  legitime  afErmata. 
:  iaid  day  ane&t  the  critniuali  action  and 


cause  depending  at  bis  majeaties  advocates  id- 
stance  against  air  John  Cochran  of  OchUtrie, 
and  John  Cochran  of  Watersyde,  hi^  sone,  for 
the  treasonable  crymes  lyl»elled  against  them 
in  manner  mentioned  in  their  dittay  recorded 
yesterday. 

The  Lord^  with  consent  of  U]s  Majesties  Ad- 
vocate, continues  the  proces  of  forfuuUure 
against  the  said  sir  John  CcK!hran  till  the 
aecond  Miinday  of  July  next. 

This  day  the  said  Johu  Cochran  of  Water- 
syde  being  oft  tymes  called  to  have  compeired 
to  have  heard  and  seen  the  doom  and  sentence 
of  fforrfaultore  orderly  leil,  and  deduced 
against  hinif  and  to  have  propuned  his  defences 
ajfajnst  the  lybell,  and  obicctions  ap[tiinst  the 
witnesses  and  assizers  if  he  any  had,  law  full 
tymeof  day  bidden  and  he  not  compeer,  and 
tlie  Lords  Justice  Generally  Justice  Clerk,  and 
Commissioners  of  Justiciary »  conform*  to  the 
eleventh  act  second  session  of  his  Arajestres 
second  parliament,  proceedit  to  coniider  the 
lyhell,  and  ffave  their  Inter! oqui lor  thcreupon,in 
manner  foltowiug: 

The  Lords  having  considered  that  article  of 
the  lybell  anent  Jolm  Cochran  of  Watersyde, 
su&iaincs  that  part  of  the  lybell  relevant,  that  be 
was  with  the  rebells  at  Cumnock  or  elsewhere, 
at  a  rendivouzc  w ht:ji  they  were  in  armes,  ia 
manner  lybelled,  to  inferre  the  paine  of  treason. 
Sic  Subicriifitur.  Perth,  I,  P.  D. 

AS8I8A. 

The  Earle  of  l>umfe4*niling. 

The  Earle  of  Linlithgow. 

The  Earle  of  Kinloir. 

The  Ix>rd  Dulfus. 

The  I^ord  Lindors. 

The  Earle  of  Tarves, 

The  Lord  Living-stoune. 

TheLonlSincla'jr. 

The  Lord  Blaiityre. 

The  Lord  Eirebank. 

Sir  AVilliam  NicolsoD^  of  that  ilk 

Robert  fiordon,  of  nortlmistomu-. 

Sir  Jamrii  Cocklmm,  of  that  itk- 

Sir  Alexander  Porfaes,  of  Tolquhnn. 

Itubtfrt  RosK,  of  Aucbto^in. 

The  noblemen  on  the  as svse  pleadit  the  pri  - 
vlleilge  of  tbeh*  peerage,  that  they  might  not 
be  on  the  assy^  of  the  said  John  Cochran,  ho 
not  being  a  noblemau. 

The  Lords  declared  the  said  John  Cochran 
was  in  the  lybell,  with  the  earle  of  Loudoun^ 
and  lord  Mchill,  who  were  now  continued,  but 
the  assyse  could  not  be  changed^  they  beii^ 
the  nersonfi  givcu  him  in  list. 

The  noblemen  on  the  assyse  declared  they 
were  veric  ready  and  witling  to  senre  his  Ma* 
jesty  in  this  or  any  other  aflair.  But  protested 
for  the  pveservatiim  of  iheir  pri%  tledge,  that  their 
voluotar  service  should  not  infcrr  a  prepanu 
tlve.  The  assy^  lawfullie  swome,  no  oVjco- 
tion  in  the  coutrair. 

His    Majesties  Advocat  for  Prokition  ttl* 


P    100 


1003]        STATE  TH! ALS.  36  Ch ARt  Es  II.  l  e8i.—ProceedMg»  againd      [  1004 


P 

■ 


I 


■ 

I 


duced  the  wiliresses  after  ilepnnfD^,  who  were 
all  piir^eti  of  Lniilic4.%  ballad,  ttl  wiU,  and  par- 
ti all  couiicvll^  vis. 

John  Bhck,  Smith  m  Duncan sKeairiDoir*  uged 
Ibreity  six  years  or  thtrby,  uiarryed^  pun^. 
and  fiwonie,  deji^Des,  that  some  day(%  before 
Botli well- bridge)  he  thinks  the  Frtdav  wa« 
eight  daya  he  aawe  Jobp  Cochran  of  Water- 
ay  de  att  the  Barr-hill  f»f  Ccratiock  with  four  or 
five  hy  lid  red  of  the  rebelU,  that  were  rendie- 
vouzing  in  onier  lo  tlieir  comiog  to  Bothwel- 
bridge,  ihat  he  sawe  hirii  particutarly  standing 
with  Earlesteun  and  Uarscobbj  as  it  ihey  had 
beta  speiiking  toi^ether,  biit  at  a  distance  he 
did  not  heur  what  they  said.  And  this  is  the 
tnith  as  he  ishall  annwer  to  God,  and  that 
Barscobh  and  Earle«toijn  were  among  the  re- 
beUfl,  and  that  he  knew  bim^ 

Sic  Sukcribitur,  Willum  Black. 

Mr.  John  Meid^  Schoolmaster  at  Curano<'k, 
acred  twenty  seven  years,  not  marryed,  piir«;ed 
and  sworne,  depons,  that  at  the  reodevonze  uf 
the  rebel l;*,  at  the  Barr-hill  of  Cumnock,  wher 
thef  wer  as  he  conjectin-es  uboul  ffyve  hwn- 
dreth  of  them,  lit*  sawe  John  Cochran  of 
Watersyde  amon^t  them  walking*  up  and 
dewti,  iitid  that  he'thesiiid  John  Cochran  had 
Wk  mmll  OTVord  aWut  him^  which  waa  some 
dayes  before  Bothwel-bridjre,  and  this  is  the 
truth  a^  h«  shall  ans^wer  to  God.  Depone  he 
knew  Watersyde, 

Sic  Subscri bit u r.  Master  J ohn  He m . 

John  M^ComuH  m  Rig'g't  in  Aiichinleck 
[larioch,  agfed  twentie- seven  years  or  therUy, 
marryed,  purered,  and  swome,  deponB^  that  be 
was  at  the  Barrhill  of  Curanoek  at  the  rendei- 
"rotiZf  mentioned  in  the  dejMi^ition*;  preeeedim/, 
And  that  he  sawe  John  Cochran  of  WatersytJe 
there,  that  ht  the  depofient  ha?in£j  a  mint]  to 
come  back  to  provyde  himself  wiih  armes  as 
he  said;  that  the  rebells*  would  not  suffer  htm 
to  i^oe  home,  but  putt  a  guard  upon  him  till  he 
should  lind  a  geutieman  wlm  vras  to  ^oe  along:«t 
with  them  to  be  caution  for  him,  find  Water- 
syde asked  him  if  he  would  ^e  out  with 
Knockshinnoek  which  he  said  he  would  doe, 
wherui»ou  Wutersyde  went  and  s]Mike  to  the 
rebelk  and  golt  him  leeve  to  if oe- home,  that 
be  might  rciurne  ag^aine,  and  i]m  is  the  truth 
as  he  shall  answer  to  God,  and  that  he  knew 
Watersyde. 

Sic  SuhicribitHr.  Juhh  M*Cowaw. 

George  M^Cron  in  Cumnock  aijed  thcrty 
years  or  tberby,  marry  t!il^  purged,  and  sworoe, 
depona^  that,  at  a  rendevouxe  at  the  Barhill  of 
Cumnock,  Bi^rae  dayes  belore  BothweUbrid^e^ 
he  sawe  John  Cochran  of  Water«^yde  with  the 
rebelk  at  tha  rendevouie  and  ihat  iher  were 
about  four  or  fyve  huudreth  of  them  in  armes^ 
and  to  the  heat  of  his  memory  John  Cochran 
had  a  ^word  abont  him^  and  this  i^  the  truth  as 
be  shall  answer  to  God,  and  thiit  he  knew 
Watersyde^ 

Sire  Suhscribiiur.  GwiUGB  Bi'dtain. 


miliam  Waliacc^  in  OchiltHe,  t^  fyfti^ 
years  or  thereby,  solutus,  fmr^ed,  sod  bwotm, 
depons  that  he  s^we  some  people In^etHfr  apot 
the  Calsay  or  Ochiltrie^  some  with  g^uos,  tnni^ 
with  8wom.%  and  Mune  with  amies  they  ht4 
made,  put  on  upon  a  staff,  depons  that  for 
colours  thpy  haJ  some  whytt  thidg  n^  i 
stick,  4iud  that  he  sawe  j'uhn  Cocbrui  «r 
Watersyde  there,  and  that  ther  vnns  somt  if 
sir  John  Cochran**  tenenta  90ns  amooi;  them, 
and  parti  CI  darlie  one  William  !)fe*Ghie  ind 
William  Howie,  a  weaver,  James  Muir  and 
James  Key»  David  Gillies  and  ThoEDfts  K«td, 
and  this  is  tlie  truth  as  lie  shaU  answer  to  God. 
Sic  iubicribitur,       WiixiAM  Wallace. 

Archibald  Mc^Ghitf  Smith  id  Ochiitrie,  agif 
fifky  years  or  thereby,  marryed,  ptirgi*d,  at 
sworne,  depons  that  he  sawe  some  inen,  to  the 
nuiviber  of  twenty  or  therhr,  remlevouie  ati 
OchiUrie,  and  th^  one  David  GiUies  and  J<iln 
Sinchiir  did  drieiel  them,  and  that  scuds  M 
^ns,  aome  partizans,  and  that  the  mcMt  pst 
of  them  were  sir  John  Cochran's  teoesit^  mm^, 
a nd  t h a t  l>e  saw  J ohn  Coc h ra n  of  Wster";  v  .v 
near  them,  and  that  for  eoloiirs  they  bad  whom 
six  quarters  of  linnin)^  tyeil  to  a  stick  milk  I 
read  ribbon,  and  de]»on&  Ibis  was  some dsy<i 
before  Eothwelbridire:  and  this  is  the  truth  m 
be  shall  answer  to  God,  and  tbat  be  kufW 
Watersyde. 

Sic  tiibscribiiur,      AR€HimALD  Mc*Gie. 

Jithn  Patcrum^  in  Ocbtltrie,  nged  fifty  ytsnv 
or  thereby*  marryed,  pnt^^,  and  iworw. 
depones,  tliat  he  sa^ve  some  men»  wherof  «sm 
were  sir  John  CochranN  tcnenti  aons  rrmk- 
vouze  at  Ocliihiie,  und  that  they  bad  bttn  «f 
fork*>  bitts  of  swords  and  halb^ns^  and  iljit 
they  had  a  whyte  eloath  tyetl  to  a  sbdk  lor 
colours,  and  that  be  saw  e  John  CocbtmB,  of 
Watersyde,  whom  he  knew,  cotnis  out  lu't 
speak  with  them,  and  this  was  6ome  diyca 
before  Both  welbrid^i^e :  and  this  is  the  truth  u 
he  shall  answer  to  God. 

Sic  sithscnbiiur*  Jons  Patebsos. 

The  Lords  ordained  tlie  assise  la  indotfe^ 
and  return e  their  veniict  to  •  morrow. 

Curia  Josttcluka,  K.  D.  N.  Re^s  tenia  to  pr»- 
torio  burri  de  Edtnbor^t^  decimo  ib« 
mensis,  Aprili^,  anno  niUlefvimo  sevccs- 
tesimo  octuagesimo  quarto^  |»eT 
et  potentem  Comitem  Jacwbum  Ca 
6ii  IVrtb,  Justiciarum  Geoeralemyi 
noraltites  viros,  Domioos  Jaeobum  P<^i 
de  Culliun^uo,  Justtoiariic  Clenaa 
Johaimem  Lock  hart  de  Ca%tlebil 
fidem  Ballbur  de  Forret,  Ro^c 
de  Harcarss,  et  Alevandrunt 
Pitroedden,  et  Patridum  Ljon  \ 
Comniisiuonartds  Jnsticiarti,  dictt  S^  0* ' 
Regis. 

Curia  legitime  affirmaia. 

The  said  day  the  persons  wbn  past  apoB  1 
as^se  of  John  Cochran^  of  Watersyde, 


I  STATE  TRIALS,  3b  Charles  II.  i684.^-4Ae  £.  ofLaudaun  andolhcri,  [  1006 

M^Kcnzie  of  Ros«fhau(j^h,  bis  majesties  advo* 
cat  iigainst  tbera  thcraueut,  An<J  the  fornamed 
pcT^oii^  being:  tben  called,  ami  tliey  i»or  twim 
of  tliem  compeirancJ,  By  lecoiimieiidation 
from  tiie  lords  of  his  majesties  privy  eoaiicill, 
ihe  dyet  was  continued  to  tbia  ilny,  and  now 
tbe  fiuid  earie  of  Loudoiin  ami  tbe  k>rd  Mel- 
vill  being  oft  tyntcs  cuIUhI  to  bavc  underlyeti 
tbe  latv  for  the  treasonable  crymes  abrive  m'eo- 
lioiied,  and  tbey  nor  nou^  of  them  compeihog'v 
tbe  lords  justice  pciMrall,  ju<$ti(*e  clerk  aud 
cotumiKsioners  of  jiisliciary,  by  tbe  ttiouth  of 
JjidieH  lienrysone  macer  of  court  decerned, 
auil  adjudged  the  said  James  earle  of  Loudoun, 
and  Geiii-j^e  lurd  Melvill,  to  be  outlnns  and  fa* 
^itives  fra*i  h»s  majesties  lawca,  decemetl  them 
to  be  deiiunced  our  soveraiv^ne lord's  rebelk^^  ftoil 
to  be  put  to  bis  higrbnes  horDC.  And  aJI  tbeir 
lands,  bereta;reS|  goods  and  geir  whatsoraever, 
to  be  forfaulied  and  escheat  to  our  soreraiirne 
lord's  use^  as  outlaweti  and  fugitives  fraie 
bis  titajesties  lawes  for  the  crymes  of  treason 
fomaid.  The  lords  continue  tlie  protcs  of  lor- 
faulture  against  the  earle  uf  Loudoun,  and 
lord  Melvill  till  tbe  aeventcinth  of  31arcb  ntxt, 

March  ll^i,  1685, 

The  Lords  in  respect  the  earle  of  Loudoun, 
lord  Met*  ill  J  sir  John  Cochran  of  Odultrie, 
John  Keir  of  Newtoon  and  Wdtei-  L(H;kbart 
of  Kirktouni  and  sir  William  Hcot  younger  of 
Harden,  are  cited  before  the  big-h  court  of  p;»r- 
liaiij^nl  ^  to  tbe  fyfleiut  of  Muy  nijtt  for  the 
same  treasonable  crymes  Ibr  which  tbey  are 
citt-'d  k'fore  tliejUHtices.  They  therefore  con- 
tinue the  Dyet  a^^ainst  thecn  till  tlio  sixteiotli 
day  of  the  said  month  of  May. 

May  5th,  16B5. 

The  said  day  anent  the  petUion  presented  to 
tbe  saids  lords  be  sir  Georj^e  M'Kenzie  of 
Rotiehaujijfh  his  majestie'sadvocat  shew  msr  that 
wber  albeit  bis  miLJestie  hath  for  puniAbin; 
the  lata  execrable  plot,  and  some  other  con- 
spiracies and  treasons  within  thin  his  ancient 
kingdome,  given  order  for  raising'  one  sum- 
moned of  Treason  against  sir  John  Cochran 
of  Ochiltrie,  sir  Patrick  Home  of  Polivort^f 
George  lord  Melvill,  — —  M  outgo  me  rie  n 
Langshaw,  Mr.  Robert  Ferguaone,  Mr.  Iloborl 
MartMie,  Walter  l^ockhart  of  Kirktoun,  Tho- 
mas Ntewart  of  Cultnes, Denholme  of  ' 

Westsbeilb,  Andrew  Fletcher  of  8altoiin, ► 

earle  of  Loudoun, Pringle  of  Tur- 

wood  lie,  George  Mome  of  Bassindean,  Jamci 
Stewart  son  to  sir  James  Stewart,  yet  his  ma- 
jastie  is  desyreotts,  that  thev  should  (ufitill 
they  be  found  guilty)  have  ail  Ikir  oecaftion  atid  ' 
allowance  of  defending  themseUov,  and  Jwat 
any  of  the  saids  persons  might  be  precludit 
from  proponing  of  their  defences,  on  tbeir  he. 

*  As  to  the  juri^etion  of  tbe  ^ots  parlia^ 
ment,  see  a  Note  m  Cesntiok*5  Case,  p,  919  of  i 
this  Volume. 

t  8ec  tlie  Note  in  p.  654,  of  thia  Volume,  and 
sir  Patrick's  Narrative  pubttbhed  by  Mr.  Hone* 


verdielta  itresence  of  the  saida 
^  iflmvof'  ilie  tetiar  foUawes : 

ki^^t  hnritig  meloaed  and  chosen  the 

\  liieir  Chancellor,  they  by 

uie  ttnd  John  Cochran  of 

guilty  of  the  cry  me  of  Treason, 

ooforme  to  the  depositions  of  the 

Hic  inhfcribiiyr,       Linuthqow  Chancellor. 

ce  General  I,  Justice  Clerk 

.  o(  Ju9ticiiiry»  having  con- 

tl  (he  ^i^id  Vi-rdict  of  asayse  ;    they  there- 

tlie  mouih  of  James  Johnstoun  Demp- 

.t  decerned  and  adjudged  the  said 

irnot  of  Watersyile,  to  be  execute  to 

lIvoMined  as  a  traitor,  anil  to  underlie 

of  treaaon  and  utier  punishment  ap- 

tbe  lawes  of  this  realm  e,  at  such 

le  and  place,  and  in  such  a  manner  as  the 

Jitaticw  GeoeraU  and  Com  miss ione  1*3  of 

VtlMll  appoynt^  whenever  he  shall  Ihs 

'it.      And  ordains  his  name,   tame, 

>ad  honors,  to  be  extinct,  his  blood  to 

and  Ilia  annes  to  be  riven  forth  and 

out  ot  the  books  of  armes,  sua  that  his 

may  iwYer  liave   place  nor  be  ahle 

bruck  or  enjoy  any  honours,  offices. 

dignities  withui  this  realm  in  tyme 

I  aud  to  hare  tbrfault  amiited  and  tmt 

aundiy    bis  lands,   beretages,    tacks, 

,  roumes,  possessions,  goods  and  geir, 

er,  pcitaining  to  hmi,  to  our  so- 

kirdj  to  remain  perpeluallie  with  his 

ill  p(0|)eiiy.  Which  is  pronounced  for 


Jpmciani^,  S.  D.  N.  Regis  tenta  in 
Pnetorio  Burgi  ilc  Edinburgh,  dt^cimo  die 
Nofeatbris  millesimosexceiitesimo 
orttiagesinin  quarto,  per  Nobjlem  et  Po- 
tcniriD  Com  Item  Georgium  Comitetn  de 
igow  Juiticiaruni  General  em  et  ho- 
firos  Uominos  Jacobum  Fouhs 
im  CoUiogtoun,  Jiistlciarit  Clericum, 
Luekhart  de  Ca!»tlehilU  Davi- 
fkm  Balfour  de  Forret,  Kogerum  Hog  de 
Hareap>«,  Atexandrum  8etoD  de  Pitmed- 
den,  ft  Pittnciutn  Lyon  de  Carss  Commis- 
•ionarios  Justtciaii&e  dicti  S.  D.  N.  iiegia. 

Carta  legit mie  affirmata. 

«ud  day  James  earle  of  Loudoun,  and 

^  bird  .Vfrh  ill,  \mng  summoned  to  ap- 

:  the  lords  justice  general  1,  justice 

f^tmnisfiioncm  of  justiciar^'   within 

th   of  Kdii  burLrh,  tbe  eight  day  of 

1  inlhe  law  for  the 

of    •  til    Qontryving  the 

iiurs4*v4:riii|^iK  lord  the  king,  and  bis 

lirotht-r  Jam»*><  duke  of  Albany  and  to 

thm  if  •  ( .     And  for  having  fur- 

^►•llion  raiaed  in  Scotland 

^a«ff   t^J9   ri  r  the  retepting,   barhouring 

ling  with  rebclU   and  traitors, 

ncBlMi^  in  llic  cnrninall  letters  of 

mami  ai  tbe  instam-e  of  sir  Oeorg« 


STAFE  TRIAJ^,  36  Chakles  II.  i6«4.— iVocerrfinjrf  agaiml       [1006 


I 


I 


iDg*  tebelk  and  at  tli^  Lorae,  tbat  they  be  re- 
\BXCt\  *■  ad  huDC  etft'^-liim*  alleoarlie  that  tbey 
ma  J  have  '  personam  slaiuluojudicio.'  But* 
pri^udioe  to  his  niajt^ty  oi'  atiy  casuahtie  or 
benetitc  falliDg-  to  hw  majesty  through  their 
rehelltoD,  anri  the  day  of  their  comjieiranre 
beiflfl  before  the  hifxn  court  of  parhament 
the  fyfteint  day  of  May  instaut.  Jies^echiiig^ 
tb6rfor  the  saids  Lords  to  grant  relaxations  to  the 
fomaiDed  persons  '•  ad  hiinc  etiectuni^  that  tUc;y 
may  have  *  personam  «tamti  in  judicio*  before 
the  parliament  the  said  day.  The  Lurds 
bariog  considered  th^  Petition  aboTe  written 
^veo  in  be  his  m^-ijeslies  advocate  they  l||  iw 
rdaxatioti  to  be  exptil  for  -fir  John  Cochran  and 
othpre  above  specitied,  *  ad  b  twee  (foot  urn'  that 
tliev  may  haie  *  pei-sonani  staudi  in  jtidicio* 
and  iimpont*  thfir  defcijces  befor  the  parliament 
the  lyUeinth  diiy  of  May  instant.  But  pre- 
jiklicf  to  the  kin^^  of  any  casnulitif  faJlpn  to  hi^ 
Bjajesue  throuirh  ilieirWini^  at  iht?  borne. 
Sk  8ubicrtbttur^    ^    Ja.   Fuulis, 

Damd  Bajj^our^ 

J.    LadLHAAT. 


_^Wodrow,  speaking-  of  the  prorveedings  of 
the  Scotch  Bftrhament  in  the  year  l(j85,  aays, 
'*  Friday,  May  «2t  diiuy  U  read  apiitist'sir 
John  Oochrau,  and  others  ;  and  the  adfoc^ate 
tnsLSta  1  mo  against  fiir  John  Coehrane.  The 
firjft  article  of  hb  libel,  anent  the  plot,  h  voteil 
reletaot.  Probatioiies,  Alexan<ler  Monro,  icho 
is  prcitenif  and  adiieret  to  his  dcfiosition  for- 
merly given  in  Jeniswood's  process  (see 
u.  C7^),  which  in  r^^ad  to  him,  mid  he  t^igns  it. 
Then,  contrary  to  repeatc'd  promises  and  de- 
clarations as  we  have  hearil,  Mr.  Can^tairs^sr 
printed  deposition  is  read,  and  the  clerks  d«- 
pooed  Ibey  saw  him  sit^  it.  Next,  Burn  and 
tnotberrEogli^hman^s  depositions,  sii^-ned  by  the 
£n{^|j&h  secretary,  are  i-eaiJ.  Then  the  advocate 
adduced  the  form  4»f  proccHlinfjfs  in  the  lik*? 
ca&es  before  the  parlianicntf  in  the  case  of  tht^ 
Popish  Lords,  1594,  and  against  itoheri Logan. 

**  After  all,  the  Advocate  had  a  speech  to  the 
parliament,  wherein  we  may  gmi&s  he  would 
aggravate  thi.*  conspiracy,  from  ^i  bat  wo  saw 
in  Jerviswood'K  Case.  'Then  tlic  parliament 
TOted  the  probation  Rit^cicnt. 

**  The  Advocate,  in  the  next  room»  insi<;ted 
upon  the  second  avtich-  of  the  dittay,  scr/king 
and  collecting  money  for  the  l;ite  earl  of  Ar- 
gyle;  and  for  probatjoiu  »he  laird  of  Pollock, 
and  Craiifends  cidtv,  their  confesaioni  in  their 
OH  D  processes,  were  adduced,  Tbat  sir  John 
had  demanded  from  the  tirbt  fil^y^  and  the 
other  twenty  pounds  sterling'.  This  probation 
ii  next  voted  good. 

*^  Then  the  question  \va»  sttate^l,  Whether  the 
pannel  being  ftiund  guilty  should  be  forfeited. 
\V hereupon  the  bishop  of  8t,  Andrews,  in  his 
own  name  and  that  of  his  brethren,  de&ired  to 

X  See  the  "  DiverKioBa  of  Purley,'*  Vol,  1, 
pp.   190,  et  6eq.  St3,   ^14,  SI 5,  4t(i  edit,  of 

urn. 


be  exctised,  though  tbey  hud  voted  in  tlie  i 
Taney  and  probation,  as  to  this  Tote^and  r 
liberty  to  remove.  When  he  reoiovsd* 
^ve  in  a  protestation,  aitd  took  iostnun^ 
tlic  Register's  bands,  that  tliis  shooid  be 
prejudice  to  their  parliametiiary  prii 
The  bishop  of  Kdmburgh,  at  bU  rematinTiiMti 
a  stated  speech,  exclaiming  Rgpain&t  ^pcff 
and  Presbytery,  as  the  g^reat  enemiei  ^j* 
bishops,  with  a  deduction  of  die  sense  and  opi' 
tiions  of  Canonists,  as  to  bishopa  voting  k 
casts  of  blood.  When  the  biahops  Ind  tt- 
mored,  tbey  were  called  in  agmn  at  the  adrt^ 
catt**»  tnotion,  he  aUedging  tl*e  pariiomeat  wb 
not  full  without  them,  wanting'  one  of  tbeil>Tt« 
estates.  During  the  en  lb  ng  of  ibe  roM  ti»fv 
were  silent.  [As  to  this  matter,  see  2  Huuv « 
Comm.  chap.  1 1,  p.  lOL  Hee&lso  in  this*  tuU 
lection  tlie  Case  of  the  Popisli  Lorti«^  tol.  7^ 
p.  1217.] 

**  ^V  hen  the  vote  for  forfeiting^  was  ofer,  Hr. 
Thomas  Gordon  rend  the  sentrnt^,  and  t^ 
kiug*s  trumpets  sounded  thrice,  upon  whiek 
the  doom  Wius  pr*>uouni't>d  by  tiie  Dernpaier,* 
and  the  trumpets  sounded  again  ;  and  live  fta* 
ten  re  wa<i  intimated  at  the  Cross  by  ibe  hm 
and  Heralds,  ft  is  exactly  in  the  same  iRai 
with  Jerviswood's,     (Hee  p.  710}» 

**  June    13th.    Tbey    begin   with   the  W 
Melvij,  and  bis  ditta^'  is  read,  bearing,  ibitbr 
j^rc  intelligence  to"  the  rebel k  ml  HaHbnil* 
bridge,  and  his  accession  to  the  (dot.     UtA 
arc  TOted  rt^t^rant  xepar<Uim^     As  to  tb«  <btf 
article,  John  IVIiiler  m  Wotershaug-h  depoacs, 
tjiut  the  lunl  Melvil  sent  hitn  uocm  Katisrdij 
June  tlsl,  with  letters  to   Mr.   Joh"   UM-4T 
tttid  Mr.  Daviil  Home,  and  bade  hit; 
if  they  would  lay  down  their  arm^ 
render,  they  would  ;^t  good  quarte 
kiiigV*  army  was  decamped   that  ^ 
none  knew  whither  they  were  t**   r 
the  duke  of  Monmouth  ;  and  that  > 
the  rebels  camp,  and  Wishaw  went  thrie  oul^ 
with  him  ;  ami  that  he   met   Cultiic«s's  inia, 
Thoma^^i  Sicit,  whotobl  hitn  Wishaw  had  Uea 
at  Cul Loess.     Wishaw  deponea  c^ii^rm  >«  oa- 
nibujt.     And  John  Strang,  who  kept  a  pa»r 

*  **  The  form  of  giving  forth  the  ^    ---  - 
says  Hume,  (2  Comment  cap,    li 

speaking  of  the   Justiciary,  *'  has  ^,.. 

modem  times,  from  what  it  wa**  of  old. 
cases  not  capital,  the  use  had  been,  chat  it  «• 
read  out  by  the  clerk  of  court  from  Uie 
and  was  repeatetl  after  him,  by  one  of  i 
macers,  to  the  panneL  In  capital  cases  ^'^ 
an  attention  which  savoured  of  biirbaritr,  ibe 
olSee  of  repeating  the  sentence  was  defalvnl 
OD  the  Doonister^  l>empster,  as  lie  is  called,  or 
coumion  executioner.  This  rudt>  ceremoar 
was  abolished  by  act  of  adjournal  of  tbe  Itiu 
March  1773,  which  orders  thai  the  ■OMBlt 
shall  be  pronounced  by  the  preatdiog  Jo^^E*^ 
and  afterwards  read  out  by^  the  clerk,  moi  tlie 
record;  which  is  signed  in  thi^  part,  oootrary 
to  what  is  observed  in  Uic  otbcr  steps  of  pro- 
cess, by  all  the  jui^ge«  who  are  prwciit.** 


^krebel!i.  ifepociei,  Jebn  ^tilter  came  to  him 
BFiniiiiififlrl,  ttmt  let  ttitii  «^  the  backii  nf  his 
Jtthn  Lt»itkharii  of  Hars  ilefmnes,   he 
"' ■'  t  to  Wlrji»  Na^mith's  in 
•'  letters  were  ihrecleil 
'   niud  Robert  Haiiril- 

1      i>»r   probation, 

,ir8tairs*a  de- 

r  !     .fmfessinns  ot" 

leeini^  with  what  co«n- 

I  th«  lord  Melvii.    This 

9eis  Alflti  Uiuud  proven.     The  iord  Melvil 

nicnced  in  coidoioq  forna. 

A*  to  jsir  John  Cochrane*  August  17,  T 

i  tlM*  rrf»i>n<'U  order  a  party  to  hi*  svni  with 

'   M      •'  n(*,  anil  bis  son  John,  with 

I.  :t[  Aihef.to  put  thefii  ahoard 

r  kmg  ^  \  ,  f     ■         ~      J  ;|  to  Loniiou. 

«  By  the  uient*,  The 


STATE  TRIALS,  ^6  Charlis  II.  l(J84.— IA«  R  oftontkun  and  othen,  [1010 

landt  of  sir  John  Corhrati  of  Ochiltree,  lord 

Melril,  the  Ceisnocks,  JvrTisw<wM|,  £ar1stOuti| 

of  entails  was  evaded  in   Engl iind  htifor^  the 
Scots  had  bci^uo    to  study  or  to  improve  iheii* 
laws  ;  and  the  early   sovereigns  of  the  Sliiart 
fmrnily  would  never  hare  eon^eoted  to  a  ilcvict! 
adapted  to   |)erpetiiate   a    feudal  aristocracy, 
which  it  was  the  uniform  policy  of  tbtir  kiotisa 
to  depress.     But  the  nobility  nt  present  wera 
DO  lonj^r  the  object  of  jealousy  or  fear.     The 
estates  were  cajletl  upon  to  coufipm  the  sen- 
tences of  Jerriswood,  Arg-yle,  and  Portcrtkdd  ; 
to  ratify  llie  op* n ions  of  the  court  of  sesMiott 
that  it  waii  treason  not  to  reveal  the  demand 
of  rontributions  for  traitors^  nor  to  abjure  th<i 
treasonable  declaration  of  the  fanatics  ;  to  ap- 
prove the  practice  of  the  justiciary  court,  in 
proccedinfif  to  trial  an»l  conviction  the  day  after 
the  citatiion  was  ^iven  ;  and  the  nobility  were 
secretly  alarmed  at  the  retrospective  trcasoni 
which  they  wem  employed  to  create.     From 
these  ihey  perceived  that'ihe  declaration  of  new 
laws,  antfof  new  crimen*,  wa-j  lodged  entirely 
in  the  lireaKt  of  the  jiidre ;  and  frnm  the  nu- 
merous attainders  wbit-^  they  were  required 
to  pronounce,  they  felt  with  terror  tliat  their 
lives  were  exposed  to  the  mercy^  and  theif 
estates  to  the  rapacity   of  llie  servantfi  of  the 
crown.    To  preserve  their  estates  from  for- 
feiture, and  tlieir  families  frtjm  ruiu,  it  would 
appear  that  they  sought  an  indirect  expediet)! 
to  elude  the  iniquitous  laws  aad  corrupt  prae* 
ticeij  which  they  were  too  dependent  to  ii'jcct 
or  to  resist.     Eutails  had  already   been  iatro^ 
duced  in  a  few  instances,  but  were  reprobated 
as  repugnaQt  to  the  genius  of  the  lawt*.     Cor- 
ruption of  blood,  whicli  obstrucis  the  couri^eof  j 
succession^  was  a  penaltv  never  incurred  as- 
the  consequence  of  altaLncfer,  u^l«s5  it  were  in< 
tlicted  by  an  act  of  disbabiliiation  ;  and  the « 
e^ateSf  relying'  secretly  on  the^niajLim,  thut 
nothing  more  could  be  ibrfeited  than  the  per- 
son attainted  was  entitled  to  alien ate»  passed,  j 
an    act^^  [it   is  the  act  concerning'  tailstiesi* 
act  !2td,  of  the  1st  session  of  the  1st  parliametil 
of  King  James  7th,]  '^  by  which  lands  fnij^ht  j 
be  entailed  to  perpetuity,  and  the  rights  of 
an  endless  aeries  of  \wm  l»e  reduced  «lmos|  j 
to  uu  usufructuary  interest  during*  their  lives, 
I'nder    the    pretext    of   securing    iheir    es- 
tates f]Y>m  alienation  or  debtn,  the  nobility  un- 
doubteilly  expected  to  nreserve  their  fomilie*,  ' 
in  the  ev*ent  of  an  attainufr,  from  the  forfeiture 
of  more  than  the  life-rent  interest  or  escheat  ofA 
the  heir    The  coimnissioner  [Qiieemiberryl  ] 
consented  to  the  act,  to  perpetuate  his  own  ae«  ) 
quisitions  to  his  family  ;  and  Irorn  tli>  v^ 

of  James,  entails  were  ititrtHlocfd  Int  \ 

when  the  rigor  of  the  feiidal  system  hint  iiimoti 
expired.      In   a   commrrtial    conntry*   abo»« 
a  iifth,  or  a  third  part  of  th^  lands  is  etcluded 
from  c4^timjL'r»n; ;  and  entAils  wdl  contihue 
increase,  titUlie  uicif^itude  of  the  evil  rtquir 
an   extensive    redress/*     Of   ihe  Article^    of  I 
Grievances,  (Ibth  of  the  Acti  *nd  Oi-dert  of] 
the  Meetinir  of  the  Estati^i  of  the  kbi^oro  i  ' 
ST 


♦  t^pon  the  subject  of  forfeit  uie  and  eorrup- 
Mr.  Hume,  3  Coram.  <^p.  17,  p. 
thu«  coneerninjj  the  law  of  Scot - 
By  custom  lime  out  of  mind,  every 
lY  ientt'ncr  is  attc^nded  with  a  farther  con- 
duce, I  ho  contirication,  or  escheat  as  we 
I  ft,  of  all  the  convict^s  moveable  goods  and 
ce,  Ui  his  majesty  ^s  use  ;  to  which  effect 
t^anCifnCij  K<?ars  a  g'eneral  declaration,  and 
iftMlvr  and  »uihority  to  the  projier  officers^ 
toarikct  and  brli  '        '      s.     This  had 

htamnnt  ihe  law  ^i  iie  empei'orti ; 

iMittt  tlieeastorii  mvf  »u  >i^ti.il  untions,  who 
In^  iKiC  the  same  regard  to  the  Horn  an  law 
ite  wtt  hK^f^  and  has  pri>bahty  been  derived 
Um  frocn  tieft  ramote  source.  Except  in 
OMi  uf  iTfMOii,  the  turfeitur«i  of  property  on 
eiyiial  eonrictioti,  has  never,  at  any  penod  of 
«V  fvictice,  extended  to  the  real  or  heretable 
tfliie-,  which  in  Eu*{lnnd,  at  this  da^,  seems 
^&M  as  escheat  to  tiie  lord  of  the  fee,  in  all 
'  petty  treason  or  tielony.  In  this  res- 
b%  oitr  costcmi  is  less  rig'orous  than  that 
H9  we  have  never  a;dmittei!  ttint 
I  corritption  of  blood,  consequent  with 
I  attainder  of  IVdony  ;  whereby  all  des- 
itf  |iropcrty  to  the  felon *s  kindi'etl  is  oh- 
1^  irl|ifjY*ver  tliey  have  to  connect  a  title 
througli  him  to  any  of  their 

fblhiwtn^r  observations  of  Mr,  Lmng 

list.  ItKftf   '^d  ed.  Bvo.)  tlirow  light  on  this 

,««idon  iilhinr  parts  of  thtsc4i$e,  uhich 

wcr^  by  uti  means  constitutes  the  whole 

.  the  new  treasons  which  the  par- 
l  flfWiicd^  and  the  numerous  att^nuders 
aiM*ed,  an  act  fd'an  oppositt  ten- 
MMi  MMtd,  to  authorise  the  perjietual 
fbiida,  Hiat  tlie  8coU  should  have 
iImmI  su  lonif  ignorant,  or  have  availed 
I  at  audi  a  tale  period,  of  a  feudal 
iHmcU  other  natioos  were  desirous 
IbiBfilCNlit,  ifit  rirenmstancef  sufiicicnt  to  ex- 
fil»««r  iHeiilkia  md  furj^rijEe.    The  tdfttute 


101 1 J       STATE  TRIALS,  36  Charlbs  IL  l6M^ProeeetUng8  agamti      [101? 


Doucba],  and  others,  are  for  ever  aoDcxed  to  ' 
the  crown  *,  not  to  he  dissolved  from  it  but 
by  parliament,  and  that  nut  upon  general  nar- 
ratives, hut  particular  causes  and  services  to  bo 
spcciiicHl,  that  it  may  appear  the  same  is  not 
granted  upon  iiiipdi-tutiity,  or  ui>on  private  su{^- 
gestions,  but  for  true,  jubt,  aud  reasonable  causes 
of  public  concern. 

'*  1  siay  no  more  of  all  these  worthy  persons 
but  that  they  had  justice  done  them  alter  the 
llevolution. 

*^  This  Annexation,  with  such  solemnity,  to 
the  crown,  was  by  |)eople,  who  knew  matters, 
reckoned  {grimace  aud  farce;  and  upon  the 
matter  their  estates  wei-e  already  in  the  hands 
of  the  chief  muua;;ers  of  the  persecution  ;  and 
iu  the  very  next  purliament,  we  sliall  find  dis- 
solutions 6f  several  of  them  made,  upon  uo 
considerations  of  public  concernment,  but  to 
Ijfratify  particular  |)ers(ms  who  had  been  active 
in  the  present  measures,  and  were  favourites, 
and  nmde  use  of  to  corrupt  i)eople  into  the  plot 
against  the  Protestant  Re!i<;ion.  And  it  is  cer- 
tain enough  the  rents  of  all  of  them,  and  multi- 
tudes of  others  forfeited,  were  one  way  or  other 
running  to  the  private  use  of  favourites." 

It  appears,  that  in  this  same  year,  there  was 
a  suApician  that  tht;  lord  llepster,  (sir  George 
Mackenzie)  and  secrrtary  Murray,  had  been 
in  corref((K>ndence  with  lord  Melvil.  Wodi-ow, 
after  notiring  Jameses  encroachments  on  the 
Royal  Burghs,  and  interference  as  to  the  no- 
mination of  magistrates,  pniceetis  thus : 

"  Whili*  thasc  l>r,l:l  stops  are  takinir  at  Lon- 
don, whieh  weri*  a  prrfarc  to  uUut  followed  iii 
ll!i;4^1nnd,  as  to  coi\).»r..ii..';is,  mmh-Ii  i>f  thcsuinc 
iiut;ir<\  our  nj;inaj^vrs  y.cie.  iiut  to  !.«  aitngt'lhcr 
ot"a  pii'fc  juiioi.g  liicinsiIvTs  ;  and  ihfor;jiMions 
art:  l;i!;v;n  from  y»i\  Ju\t\\  Vtitvh.  nnd  L^'jiue  ac- 
c«!;ir.is  s.ild  to  h.'  given  by  s»ir  JoLm  C'ofliraii,  with 
riI;tlio;i  lo  ;h.'  wgiitci*  and  bitrttarv  Murray 
tijrir  cunvsprmli:ig  with  tijc  lord  Afchil,  and 
some  malvr-rsaiioiis  of  the  king's  advocate. 
Without  dipping  at  nil  into  tliis  part  of  secret 
history,  T  shall  lay  before  the  reader  what  1 
meet  with  iu  tlic  ri'i;isitcrs  about  it. 


Si'oil.ind,  .\[.vVi  V\  iCWO)  tlic  lliiril  \%  **  That 
tl  "  r{;;!i.u'.ti.;;'S  in  pnjndicc  ul'  va;si:!;,  eu*- 
dit;»rs,u.id  !.».ir} M'fei.Juil  aiv  aj^rcat  gricvani'L"." 
Slo  Mr.  Liiin^,'s  account  of  Act  /  Aniic,  c.  CI. 

*  j{  is  scai\  ily  liecessai;)  lo  rclcr  lu  iL*;  va- 
rious acta  tor  L->>SL.iii(iing  and  restitution  wliidi 
Me:v  e.ii.rtcil  sli(»rtl\  alier  thv;  rcvoluiloii,  in 
favour  ofii.L*  iiiiiiiliiii  of  those  who  had  perish- 
f,i  uaJvi*  il»e  antei-^Jont  proseripiion,  or  of 
ihose  prose:  ibi^d  i:iili\i',!uaU  v.lio  [im\  survived 
it,  i^!r.  Laing,  4  Hi^i.  ::31,  smv:,  ;li»t  "  l#y  a 
aijigie  aet  up'.w.ni.s  wf  four  iuiiitlicil  atirniiicd 
|,<..soi.s  vv.ij  Vi'Awiin'il  by  nauji ."  1  Cwiiji.!:- 
tujj,  ibat  ;l;c  iiel  whiefi  !^ir.  Laing  tonu^in- 
Ll.il'.il,  vvas  ;ii't  i:.,  ul'thw'  CJ  Sf  SM<  n  of  tl.c  l»t 
I'urliai.icut  of  \»illiaii»  an  J  Mary.  July  4, 
l:i'/o  ;  *nu\  if  so,  1  i>clici*:,  >ii*.  Laing  rather 
vkcrjiM.ek  ihe  imuibcr  uf  pcr:ioai»  who  were  by 
nauiu  ri:&Lur«<d  bv  it. 


'  The  Letter  dDderwritten,  directed  to  his  m- 

*  cred  majesty  h-om  the  council,  being  brought 

*  in  from  the  committee  appointed  in  the  fore- 
'  noon  for  that  effect,  being  read,  the  same  was 
(  approven  of  and  signed,  and  ordered  to  bede- 
'•  liyered  to  tlie  lord  marquis  of  Athde,  to  be  by 

*  him  presented  to  liis  must  sacred  majesty, 

*  which  letter  he  accordingly  received,  with 

<  the   nrincipal   examinations   of   Mr.   Jdht 

*  VeitcD,  and  Mr.  William  8peoce,  upon  ottk, 

<  there  being  no  copies  letl,  by  die  council'! 
*•  special  order.  Folloiirs  the  tenor  of  tfat 
'  foresaid  letter : 

'  May  it  please  your  most  sacred  Majesty; 
<  According  to  your  majesty's  commaBdi 

*  given  by  vour  royal  letter,  we  have  by  yov 

<  proclamation,  adjourned  your  parliaioent  ts 

<  the  first  Thursday  of  April  1686,  in  the  usual 

*  manner.  As  also,  in  obedience  to  ^our  sacnd 
( commands,  in  another  letter  of   the  san» 

<  date,  we  did  intimate  your  royal  pleasure  to 

<  the  council  of  Edinburgh,  to  continue  dit 

<  town  council  as  formerly,  and  to  forbear  to 
^proceed   to  any  election  of  magistrates  or 

*  town-council,  for  the  ensuing  year,  until  your 

<  majesty  declare  your  pleasure.  We  judgs 
'•  ourselves  always  obliged  to  inform  your  oui- 

*  jesty,  as  being  of  great  importance  to  your 

*  majcbty's  government,  ancf  of  the  higbert 

<  concern  to  all  your  faithful  servants,  that  the 

*  committee  for  public  affairs  having  appointed 

*  two  days  last  week  for  srarching  of  priaom, 

*  and  examination  of  prisoners,  they  reportedlo 

<  UK,  that  in  the  examination  they  touud  by  Mr. 
'•  ^ViIlium  S|K>nre,  that  sir  J(dm  Cochran's  soi 
*■  had  been  qiHfslioi.ing  him,  if  he  had  carried 

*  on  any  coiTe»pondenec  betwixt  the  lord  re- 

<  gisttr,  and  the  late  l(»rd  Melvil,  by  wliich  il 
*•  would  appc-u;*,  that  sir  John  Cochrjo'i  sob 

<  had  I)t>en  pvaaising  him,  v.iih  a  di^s^ign  toac* 
»  CUI.J  the  lord  iTq;l.sUn',  v.hii'h  corrcs(>ondcoct 
'  is  lioelaio-.l  I>y  liio  >i;i«i  SpeMUM?  to  be  utterly 

*  tal.NC.  'riuii;' wu:»  anotiKi-  railed  Mr.  Jvba 
'  Veil  eh,  who  wa^  ilose  jiiiiA'iier  by  the  lonl 
^  e.liaiiCL]lei\  ordtr,  ar.d  liiuicfore  whett  thf 
'  council  called  for  him,  they  removed  all  thi 
^  clerks,  and  that  Veitch  did*  give  his  oatbii 
'  wr.t.  «vhereof,  he  s:iid,  h^'  had  sent  ao  exad 
'•  (foiilii'e  iO  the  lord  chancLilor,  atWr  his  lord* 

*  siiip's  i><»ing  froni  this,  \ihieh  pro(>orts,  as  if 
'  i nil' iuifi lion  ha4l  eoi.:e  from  a  rebel,  or  some 
»  of  their  eoriespondL»nee,  of  your  advocaie'i 
'  malversation  in  your  majesty's  service,  whick 
'  he  albo  denies  uJmui  oath.     \\  e  have  ltke»i*a 

*  information,  that    albeit   sir  John  Cochna 

*  v.onld  not  v.i'..int:irily  expose  his  secrets  and 

*  <li.iCovcTies,  until  he  saw  your  majesty,  no  DOt 
'  to  your  otiicois  of  state  ;  yet  some  have  toM 

*  hei\.>  a  day  or  tW4)  alter  sir  John  had  |arted 
'  tVouk  this,  iliat  he  \«  as  to  accuse  tlie  earl  d 

*  Murray  of  c.)u\ersiiig  with  traitors,  andwt 

*  having"  sent  lor  bir  James  Roch-head  tbi  io- 

*  former*,  ue  find  he  is  gone  for  London.  Thii 
'  in  fact  we  iiumbly  lay  before  your  royal  ws- 
'  doui,  a;»  matters  of  extraordinary  wdgjrti 
'  loi^i  by  such  practices  your  majesty's  savioi 


013]   STATE  TRIALS.  36  Ch  ABLes  II.  1 684.— fA?  E.  rf  Loudoun  and  others.  [1014 

mmy  be  more  endangered,  than  by  the  ene- 
my't  open  eudeavonrs ;  and  albeit  such  in- 
formatioos  are  to  lie  received  agfainst  the  best 
aerrantSv  yet  we  in  all  submission  offer  to  your 
mnesty'a  consideration,  how  fur  the  rat^e  of 
demted  enemies,  (es|>ecially  when  inrluced 
by  threats  or  promises)  wilf  prompt  them  to 
concur  in  ruining  your  faithiul  servants,  who 
have  aerred  your  majesty  faithfully,  in  ruining 
of  them:  and  we  humbly  oiler  these,  amongst 
many  considerations,  to*^your  sacred  majesty, 
that  from  your  royal  and  fatherly  interest  m 
and  orer  your  servants,  such  directions  may 
be  given,  and  such  notice  may  be  taken  of 
these  informers,  as  will  be  most  consistent 
with  your  majesty's 'interest,  and  with  that 
which  is  a  part  of  it,  y(Kir  majesties  justice  to 
yoor  aniast  servants.  There  is  one  Welsh,  a 
rarfeited  traitor,  taken,  and  brought  before 
01,  whom  we  hare  remitted  to  the  justices,  in 
order  to  bis  execution ;  and  albeit  severalls 
of  these  irreclaimable  reliels  be  still  skulking 
in  the  Mosses,  yet  at  present  there  is  a  greater 
qoiet  in  the  western  shires,  than  has  been  in 
ncm  these  many  years  bypast,  and  all  pos- 
ftUe  cure  for  their  continuing  so  shall  be  taken 
by  us.  But  since  the  lord  privy  seal ,  who  has 
btCB  present  with  us,  and  whose  eminent  ap- 
and  fidelity  on  all  occasions,  in  your 

_  'B  service  is  so  known  to  all,  espc- 

to  yonr  royal  self,  is  now  going  to  at- 
^our  royal  'majesty,  we  leave  a  more 
fBdeuUr  information  to  he  given  by  him,  of 
whit  relates  to  the  idbresaid  or  other  of  the 
hWc  concerns  of  your  majesty's  service 
■oti  and  what  further  occurs,  shall  be  faith - 
My  transmitted  on  all  occasions,  by,  May  it 
pIsMe  your  mojesty.  Your  majesty's  niost 
umble,  most  faithful,  and  most  obedient  sub- 
'jeds  and  servants.  Subscribed  ut  sedemnty 
cnept  the  marquis  of  Athole.' 

"October  24,  the  Councill  have  the  fol- 
hnog  Return  to  this  Letter : 
J.R. 
*  Right  tmsty.  Sec.  We  received  your  letter 
'if  the  21st  of 'September,  from  the  marquis  of 
'  Athole,  by  which  we  were  much  surjirisrd, 
'tet  you  had  taken  upon  you  to  examine 
'?alcii,  oommitted  close  prisoner  by  our 
*  dWBoellor,  with  express  order,  t!iat  none  of 
'  what  quality  soever,  should  have  any  access 
'li  kimyawT totake  up  the  order  given  by  our 
Uor.  Both  which,  we  look  upon  ns 
of  that  nature,  as  we  cannot  but  ad- 
'y  Jtw  by  what  perswasioo  vou  came 
li  do  them ;  for  supposing  it  has  been  pos- 
■Ue  fur  our  chancellor  to  have  done  surh  a 
our  onler,  and  that  it  had  really 
yet  we  ought  to  have  been  in- 
our  royal  pleasure  known,  before 
mgj  tlniig  bad  been'done  contrary  to  the  order, 
'  illy  where  there  was  no  danger  in  a 
lODgur  delay.  This  we  look  upon  to  be 
ndb  our  immediate  concern,  that  we 
Icfc  wwa  know  how  much  we  are  dissa- 
wn  it,  that  for  fhe  future  you  might 


<  be  more  careful,  that  no  such  practice  may 
'  be.  We  do  likewise  find  in  that  letter,  that 
'  some  rebels  have  been  induced  by  threats  or 
'  promises,  to  accuse  some  of  our  faithful  ser- 

*  vants.    We  doubt  not,  that  before  you  sent 

*  us  that  information,    you   were  acquainted 

*  with  the  names  of  such  as  threatened  or  pro- 
>  mjsed  rewards  in  so  wicked  a  matter,  (as  is 

*  well  known  to  the  world  we  would  not  suffer 

*  against  the  worst  of  ouren^mirs)  which  names 

*  we  desire  to  be  sent  forthwith  to  us,  that  we 
'  may  make  them  examples  of  our  justice  to 

*  posterity.  So  we  bid  yon  heartily  farewel. 
«  Given  at  our  Court  at  Whitehalf,  the  17tJi 

*  day  of  October,  1605,  and  of  our  reign  this 

*  first  year. 

*  By  his  Majesty's  mmmand.     Melford.' 

"  Such  a  letter  required  a  speedy  answer, 
and  so,  October  25,  tliey  make  the  follow  uig 
Ueturn  : 

*  3Iay  it  please  your  sacred  Majesty, 
*  W'e  regret  very  much,  that  any  thing  in 
our  conduct  should  have  offended  your  sacred 
majesty,  whose  prosperity  and  greatness  we 
have  ever  designcfl  in  all  oiir  consultations 
and  actions ;  aud  since  your  sacred  majpsty 
has  prescribi?d  to  us  me^isures,  for  our  con- 
duct in  the  future,  we  shall  by  obefliruce  show 
what  have  been  our  former  designs;  nor 
would  we  insist  U|X>n  what  was  done  nt  the 
writing  of  the  last  letter,  lest  it  might  seem 
a  justification,  if  your  majesty's  express  com- 
mands in  your  letter  did  not  ordain  us  to 
give  an  account  of  the  motives  upon  wiiirh 
we  proceeded.  As  to  what  concerned  the 
examination  of  Vcitcli,  we  having  seen  my 
lord  chancellor's  order,  which  bears  nothing 
of  any  warrant  from  your  majesty  ;  yet  we 
thought  it  our  duty,  to  have  so  mudi  respect 
to  a  jjerson  of  his  eminent  trust  and  merit,  to 
contmue  Mr.  Veilch  close  prisoner,  acconling 
to  his  lordship's  order,  without  ever  taking  up 
the  same  from  the  keepers,  in  whose  hanils  it 
did  and  still  lii^,  notwitiistandit::;  ^^^^t  Mr. 
Witch  has  Imth  drponed  to  his  ^inlsliip  and 
us,  tlmt  he  knew  nothing  of  that  affair,  nor 
would  we  proceed  on  that  examination,  until 
we  knew  what  he  had  said  to  liis  lordship  ; 
and  acconlingly  he  continues  still  close  pri- 
soner, so  that  whatever  enquiry  may  he  made 
as  to  him,  is  still  entire  ;  norwould  we  take 
any  discovery  from  him,  further  than  what 
was  made  to  my  lord  chancellor,  udr  would 
we  so  much  as  keep  a  doohle  of  the  Fame, 
but  transmitted  it  to  your  majesty  by  on  of- 
ficer of  state,  and  member  of  the  private  roin- 
niittee.  And  one  of  the  chief  motives  that 
induced  us  to  believe,  that  we  mi^'ht  examine 
him,  was,  that  my  lonl  chancellor's  onicr  did 
not  expressly  bear,  that  no  person  or  juUi- 
<«atiire  should  examine  him,  wliicli,  if  it  bad 
been,  we  would  have  had  that  just  deference  to 
my  lord  chancellor's  onler,  as  not  to  have  cxa- 
mineil  him  ;  hut  theoi*der  bearing  only,  that  no 
person  should  speak  with  or  see  him,  wo  only 
considered  Veitch  to  be  in  the  condition  of 


1015]        STATE  TRIALS,  36  Chaelbs  If,  iCU^Proceediitgi  agBiMii 


'  fftbcr  close  priaoners,  u  bom  tbc  coiincU  uten 

*  to  eitaminc.  But  wliatcverthe  pmctice  lias 
*■  hiiiti^  [{  ih  siiflicient  tor  us^  tbat  your  u)«^ty 

*  has  ejtcluilcd  aJI  examinatioii  in  t uch  cases 
'  for  the  future,  ^hlch  we  &hail  humbly  auit 

*  lii^artily  obey.     Ami  to  shew  tUat  no  iutercs^t 
^f»t'  ouii>,  (Jid  or  shall  induce  us  to  belipvei  tbat 

r j'uur  majesty  by  yuarseU  or  your  ordei\  may 

*  not  examine  any  person  h  batsoc?«'er,  either  as 

*  to  UM  gr  your  lUBJc^sly's  stirvants;  we  again 

*  renew  tlie  ackoowledg^nient  in  our  former 
*"  ieiter,  tbat  inltirmationa  are  to   be  received 

ainst  the  hvst  of  scn?aiits ;  and  we  may  be 
?  safiT  in  thi8  aeknowledgment,  tiiat  we  are 
'«o  hnpjiy  a^  to  live  under  a  prince  who  will 

*  prolsct  ttie  iuDoceuce  of  bis  approved  ser- 

*  rants.     Ab  10  that  expression  in  your  ma- 

*  jesty'sleltcr,  that  «otne  rebells  have  been  in- 

*  duced)  by  threats,  or  promises^  to  accuse  your 

*  serrantsi,  we  humbly  ofler  to  your  majestY** 

*  consideiadou  the  rlau^e  uf  our  letter,  which 

*  bears,  tbat  we  in  all  subiuissiuu  oiler  to  your 

*  iiia|fc^ty*ii  conoid e Hi timit  how  far  the  fTftg^t  of 

*  dt'fealfd  euemict>  may  prompt  them  to  ruine 

*  your  majesty's  faitbiul  servant*,  which  was 

*  an  absti-act  consideration  iu  the  g^eneral, 
*■  «\  itbout  reflecting  upon  any  ])ariicular  person 

*  wbatsamever,  or  arising  Irom  any  examina- 

*  tiOQ  u^eutioued  in  the  lettLT,  bnt  from  tire 

*  md  experience  we  have  of  the  rage  of  your 
^Ul^Jetly^s  enemies  against  your   majesty's 

*  lervaxils,  and  the  gre^t  Uberty  tbey  titke  to 

*  Kwear  eveiy  thing  tbey  think  for  the  advau* 

*  lage  of  their  C4iusv;  and  in  this  time  uben 
IJfour  majesty  *s  enemies  have  nothing  left 
Kihem  hilt  tllis  re\cn£^c,  against  tho<$e  who 
■  faitlifulJ^  seive»  to  mine  ibeni,  and  who  are 

*  iiTcconcilable  vuih  them  and  their  interest, 
»  U|jufi  your  ttacrtnl  muje^y's  account,  es|»e- 
•cially,  beiiiile  uur  ruin,  they  may  project  to 

*  tbemiKflves  a  freedora  from  death  and  punish- 

*  meut,  which,  ua  they  justly  desene,  is  the 

*  mosl    territicalion    ot'    all  tenors.     This   in 

*  offered  to  your  majesty  by.  May  it  please  your 

*  sacred  mBjesty,  Your  majesty's  most  bumble, 

*  most  faithful,  and  most  obedjent  suhjecL»  and 

*  servants.     8ub<)(  i  ihed    ut    s*:dcrunt^    except 

*  Batcaiias  and  Claverhouse.' 


L«irdof  Abbfltshall, 
C,  Gmbum  of  Claver- 

bouse, 
Laird  of  GosfortI, 
The  Lord  Archbishop 

of  Glasgow, 
The  Earl  of  Linlith- 
gow, 


The  Earl  of  Balcarras, 
The  Lord  V.  Tarliet, 
The  Lord  Y ester, 
Pre*iidenl  of  SessioD, 
The  I^rd  Advocate, 
The     Lord     Justice- 
Clerk, 
Luird  of  Drumelzier. 


'*  How  tins  matter  endetl,  I  cannot  say.  If 
1  he  procedure  ofllie  council  I  after  this  year, 
liad  been  insert  in  Ilegisters,  we  might  have 
known  more  of  this,  and  other  differences  which 
let!  in  among  the  managers  in  this  reign,  of 
ivbicb  1  am  not  in  case  to  give  certain  ac- 
counts.*' 

I^Ir  Laiog  says  that  Cocbnme  [qu*  both] 
«Si;a4i«d  mtb  Uelvil  mUt  Uotlaod^  and  it  ap- 


pears frotn  sir  Falrick  Ilitoic^*^  Nartftttrt  (^  9), 
RoAe,  tlialnrioliiiCiiaMiat 


«(  Nil 


published  by  Mr. 

and   his  son  John   upoB    itie 

Charles'  death,  came,  with  oIIm    _ 

oi  Amsterdam,  and  £ir  JobD  fsagirly^ 

io  tlie  c*oncert  which  was  ttiere  bwl  i 

the  invasion  of  Scotland,   in  co*op<!nitioo ' 

Monmouth.    Sir  Patrick  Hiiiuo's  oartalifvs 

an  account  of  the  occurreucies  in  tkat  cip^ 

ditioui  in  which  he  had  a  very  acti? e  pan, 

The  following  ts  tbeai^ounl  of  Wiiiln9«» 
into  wUicb  be  says,  he  has;  inoarporsid 
the  papers  which  the  carl  irr<»te  wilb  hi*  owl 
baud,  or  dictated  in  prison.  "  TUesi?,**  Ut  «UK 
**  are  evidently  unfinished^  bill  as  Io  a  |Alil 
narrative  of  the  most  cousideral»ie  fads,  iimf 
are  the  best  account  1  have  seen  of  ikia  miU 
Icr." 

*^  MoQitKHith  was  not  ibrwaril  to  ib  iiy 
thing  during  his  fatht^r's  liii.- :  but  m  h*?ri  1^  mm 
dead,  and  that  in  so  >  itaf, 

be,  with  the  bauisbc^l  <      Miuut, 

thought  it  high  time  to  bee»Ur  thetiuirlvtss,  judg* 
ing  tiiini^s  now  come  to  a  crisis^  Uy  ibe  ifiCl^ 
sion  of  a  bigott€;d  papist  tu  the  ikrouei  andil 
like  to  go  as  Home  would  have  it. 

**  Accordingly,  in  the  end  uf  Febniifyi  il 
March  and  Aprd,  there  were  several  i 
kept  in  Holland  ;  and  an  invasion  was 
upon  OS  necessary.     The  duke  of  Hlc 
with  the   English  rc^  -     -^   to  liad  s 

Koglaud,  and  the  eoH  i  h  il»«^0i« 

people,  were  to  essay  •<'  <^>>i>  ^^  o^ud&ii4|  aM 
it  was  agreed,  tbnt  Iwth  should  be  as  iiiiieliil 
possible  about  the  same  lime.  The  diiba  d 
Monmoutirs  attempt  1  shall  wImiLIv  kmtf  H 
the  English  bistortan&,  and  eoofini^myidlw 
the  earl's  de&ign  upt)a  Scotland, 

^-^  I  havebclbre  me  the  Minutes  of  o  mmAf 
of  our  Scots  people  at  Aiii^terdam,  Afinl  }7| 
0»  8.  this  fear,  and  the  rtadcr  will  d**fjrvt» 
have  tbera  nere.  There  were  | 
of  Argyle,  Mr.  Charles  Cam|il 
John  Cochran  of  Ochiltree,  sir  I/iirnck  Hutoc 
of  Ftdwart,  George  Prijijjj^le  of  IWwowller, 
William  Denbobii  ofWestshida,  Geor^g^  BoSi 
of  Bassindeaa,  John  Cochran  of  \\  alcnii^ 
Mr.  George  Wisheart,  >V«M  -r^  ^  *f  Itaa^Jancl 
.Stuart  advocate^  aiMl  Mf  l%iliol*    ir 

John  Cochran  was  ekcteU  *  „^^^  ^iru  Aaefica 
Thev  UDaiiimously  resolve, 

^  That  the  abovenamed  persons*  und  Qfhtt 
*'  gentlemen  of  the  kingdom  ot  ^ 
Mng  with  them  in  a  great  u: 

*  tended  by  them  in  the  defence^  ^ 

*  i-ecovery  of  the  religion,  rights,  m 
^ofthe  kmgdom  of  Scotland,  &ir 

*  take  upon  them  the  quality   i 

'  a  council,  for  co&sukiog  and  tlfjLeniiifiailf 
^  whatsoever  relates  to  tbat  great  un^gSfWkit^ 
<  and  management  thei^eof ;  atiik  thttl  00  iOA 
'  as  they  come  to  Seotlaiidi  audi  of  the  BtfiBi 

*  as  shall  jo^n  themselves  to  libeill  in  tbe|W 
^  seen t ion  ot  the  said  uudert»kiiig',  sbaM  hk0* 
*■  wise  have  access  uoU>|  ttai  W  Jojmrd  m  I' 
'  foresaid  CQuncil. 


STATE  TRIALS,  36  Charles  IT.  i 

t  |*prs<mif  tWrt^aiii,  In  Ihe  oUarflkCtpr  and  i 
f  ahovr  r^im  xsciL  iUt  resolve  to  intike 
i>   the  rK  mentionettj   »4jaitist  I 

I  tJuktr  of  I        J       (1  Vurk,  Hn<l  sui'li  vl»  \ 
lilheffftio  biai;  tiuU  for  tht^  corn  man  rt  j 
tofltirt  <»f  ibe  army  lhe\  shall  be  uWe  to 
r  .  iliVl  |]»iit)imuuf»i}' cbo^)^'' 

•  !,  wtili  aji  fiiU  and  , 

iw\^  Min-generAl  is  ordi- 

la  Qtti;  lo  iKn «:  ii  orii  any  tt-«?e  »Ul«  10 


3r«l4cli*d  And  nominated  Mr.  WilUani 
ft  tiieir  derk,  und  recumtsiend  it  to  the 
Mtw<«  Siimrt,  to  iierltfCt  the  declarutiou 
ib;u  to  publish  I  ftitd  llmt  ngtiinst 


r,  llitl   Mr.  Willium  Veiuh. 

ilay*  und  William  Clelbn,  be 

li^j  l^  HtxitlaiidtanU  tut»tiui:ted  (or  that 

Aud  that  the  eurl  ol'  Argryle,  feir  John 

iHt»ir  Putrick  Hume.  ^Itm-ge  Prinj^k, 

J  ham  llfMihoirii,  lac-^i  loniorrow  at  the 

'  'ifljhtotih*?  chick  lu  the 

M  their  iiiit ructions,  and 

t  uetrimg  till  Mu  ml  ay  at  eitfltt 

I  ;  flight,  lo  sir  John  Cochmn's 


liouHt  they  met  at  tlie  thtie  oonoerted, 
J  baie  seen  no  more  of  the  minutes  df 
k«cdurv\  and  I  r(*ckon  tht'n  thev  a^'eed 
hitt^lit  of  Iht'ir  drclf^mtion^  iihirli  shall 
c  I  be  inserted .     Probably  after 

|k    ,    '       nut  otlen   meet^  for  the  thne 
iwixt  them  and  the  duke  oi'  Mon* 
his  com{iuny«  was  now  h&sliu^r  en. 
**  iit'lay,  and  VVniiaro  (»iVerw«rds 
neJ)  Clelbn,  were  in  Scotland 
I  came  over,  and  no  doubt  kept 
uctions. 

of  May,  the  earl  and  his 
id,  with  a  very  few  ships,  and 
iher  of  artus.  The  money 
thrje,  waft  R)08tlv  raised  on  the 
The  duke  of  Monmouth,  with 
I,  had  faithfully  enga^^ed 
ten  davs  at^r  them  in  Hoi- 
st N  fore  they  landetl  in 
..  AS  done  of  desitrn, 
wMti  ^determine,  ftwasvn- 
it*.. I  ly  was  ndviEied,  that  the 
ibnsis  muihi  be  iH^ttn'd  down  upon 
if  and  llictr  i^ite  thns  lie  tfie  easier  in 
I;  Ilawe?er,  it  b  certain,  tlte  duke  of 
WM  titlrooely  concern ed  wh«n  the 
Ntv  was  brok»  !•<-  enrl  himself 
MM  Indeed  hi^  "uld  not  have 
I  n  tr--*f  f*—  It  ii  1.,  ,.i^ii,  the  English 
4ii}^  '  ina  of  aj^reeinent,  tended 
I  kiu^^..^..  i^*c  earl'a  lualbeuiiH  and  to 
nl'bolb. 

i  amri  ci  Eitf^lfind  bud  very  exact  afid 
f  iftJbnmlinn  of  tbe  Dumber,  force, 
^  w^the  earrs  little  MitiadroHf  M*He 
m  off  And  notit^e  a^roidinifly  x*ns 
Ibie  ifiiwigera  to  Hcotlaiid  io  be  upon 
tori*    ^rbeif  taucbiog  at  Orkney  liid 


684.-— /Af  E,  qf  Loudoun  mdcihcrt,  [ lOiS 

further  alorrn  8c<illand  ;  and  ko  much  had  the  ^ 
late  imposed  oath^  i«rru(»ltKl  the  p*iMn ;*i;ui, 
and  ao  S£:reat  was  the  iuHufence  of  thi- :  ^ 

that  there  appeared  a   very  df^neral  <\^  •! 

B^^iiiist  the  earl'ti  attempt ;  yud  auch  was  the 
consieruatiou  and  terror  u|H)n  friends,  and  so 
far  were  they  H.unk  by  \ou*^  op(irc-ii»ion,  that  at 
bent  they  vvei  ti  siteni,  wnd  would  not  mi  much 
am  cori%spond  with  MUch  an  were«cnt  oyer  from 
Holluud^  and  a  coming'. 

^*  In  bhori,  aa  the  curl  himaelf  in  the  foresaid  ' 
hintSf  more  than  once,  remarks,  *  the  Lord%^ 

*  lijue  was  not  iet  ctune.'     'lUr  •;    '■     ^'  Pre^. 
byierians  ill  Scotland,  were  ^  n  ini 
the  pl;i4'»3  {^tf^  draj5:ons.  their  mJUi  .,*^  -....iered^i 
and  the  bulk  ot  the  pedplci  who  wish<^  well  to{ 
this  enterprise,  were  peileelly  dispirtted  under! 
twenty  four  yeurR  soi'e  sutferuij^^*.  The  liimaoe  J 
had  not  attogether  healeil  liic  reoLs  und  breuchet  ] 
among-  thetu  ;  and  tbe  party  whit  were  in  aruis^  I 
wandriu^  and  hiding  in  the  tiehk,  tt>o  many  of  1 
llietii  were  ^oue  to  those  heights,  which  did  I 
not  pemiil  them  to  joy  n  with  any  fraokaesti  in  1 
this  debig-n,  as  hath  been  observed ;  and  th«  i 
rest  Mere  miserably  bom  dowu,  and  friifhted  \ 
with  the  Koldiers  and  niihtia;  and  most  ol'tlis  < 
honei»t  Presbyterian  gentlemen  were  eitlier  in  ' 
pri>»c>ni»,  or  forfeited*  and  su  scattered,  as 
could  do  nothing  in  favouiaol*  the  eavL    An 
above  all,  the  self- concci led neas^  couardic  , 
ignorance,   and    miserable  (lifferenceat  ainoii#| 
iome  who  were  embarked  in  tbe  desig^n,  spoiU 
eii  all ;  so  it  is  no  wonder  1  huve  a  very  inekia* 
choty  liod  aofry  acoount  lo  give  of  this  ettler* 
priice* 

*^  Betbre  f  eome  Id  give  an  aeoount  of  th« 
earrii  uttnnpt  itself,  I  aball  baert  what  I  meetj 
with  in  the  council-registtrs relative  thereunto^f 
li)l  the  etirl  was  mx*  d,  from  which  it  will'  a[i 
peur  httw  ex;tct  their  intbrmation  was.     t 
the  ap[kjintmeut  I   tind  in  the  councii- 
March  12,  to  have  come  from  aotue  hints  o**  i 
desig^ned  invawin.     '  The  marquis  of  Atholei 
^  ordereil  to  raise  tire  huudretl  high  land- meo,] 

*  for  securing  the  peact*  of  the  shire  ot  Ar^  It^  j 

*  and  that  they  have  tueat  and  dnnk  providcd«| 
*■  with  arms  and  amnnmitiuu,  out  of  the  kin^ 
^  magazine.^     IHteir  intbrmation,  it  seems,  b 
been  very  imrlicnlar  and  early,  (or  April  38,  th 
council  wnte  a  letler  to  tbe  lords  jitstices 
Ireland^  thaukin*;;  tht:m  tor  sending  down  tl 
forces  to  the  c^ast,  and  accfuainttng  them,  tha|4 
by  thia  time  they  reckon  the  late  esrl  of  Ar* ' 
gyle  is  sivik'd  with  three  ships.     Thtit  same  day 
lliey  publish  a  proclamation^  ortleriujf  all  the 
subjects  to  be  in  a  rcadiuesa  to  SbMst  the  kincf 
in  case  of  an  invasion.     And  next  day,  ApnJ 
29,  they  grant  a  commissiou  to  the  uiarqtiis  of 
Athole,  to  be  kird  tieutru'cint  ot  the  shires  of  Ar«f 
gyle  and  Tarbat.     He  is    onlertMl   to  marcel 
with  some  forcY^  to  that  shire,  and  every  plao 
he  goes  through  is   ordained  to  furnish  hifl 
with  bii*>|;age-Tuirses,     And  May  «,  the  < 
cil  declare,  Uiat  by  tluit  clause  in  the  inarqniiH 
cominifiMoo^   That  be  shun  hi  take  provisioQi 
uec^'iaarY  to  sii^h  at  were  under  bis  command 
they  oAoemand  that  he  may  take  quarten. 


1010]       STATE  TllIALS.  36  Charles  IT.  1584.— Pnorefdifr^t  &gmnsi      riOK 

easily  raised,  and  the  earl  in  flill  time  at  Ih,  to 
hare  surprized  Ballechan  and  his  party ;  bat 
they  wrrr  kept  back  for  forty  eight  boars,  tnd 
miss  d  hin^  but  1>y  one  hour. 

*<  In  Tobemnore  in  Mu)l»  they  dropped  an- 
chor, and  were  by  several  rubs  kept  there  three 
d<iys,  which  was'mightily  *io  the  disadfantige 
of  their  cause ;  for  e?ery  boor's  loss  now  was 
more  than  of  a  day  at  another  time,  and  a  dij 
like  a  month.  From  Mull  they  carried  three 
hundred  men  with  them,  and  wafted  orer  to 
Kintyre.  Here  they  met  with  new  disappoint- 
ments, many,  from  whom  they  expected  rnocb, 
failed  them.  However,  in  this  place  the? 
stayed  some  little  time,  and  sent  orer'  some  it 
their  men  to  the  Lowlands,  to  prepare  thfl 
westtojoyn  them. 

**  At  Campbeltounin  Kintyre,  was  first  pob- 
lished  and  dispersed  the  Declaratwn  and  .Apo- 
logy, &c.  drawn  np  in  Holland,  as  the  five- 
mentioned  minutes  bear,  by  Mr.  Stuart  thit 
eminent  lawyer,  and  excdlent  person.  1  hire 
two  copies  of  it  under  mine  eye  ;  that  printed 
at  Campbeltoun  in  Kintyre,  in  tlie  shire  of  Ar* 
gyle,  and  the  other  reprinted  some  time  aftei 
in  Holland,  said  tobctakenfrnm  acorrerteopj. 

**  This  Declaration  and  Apology  the  mder 
will  find  drawn  with  a  vast  deal  of  jndjrnient, 
candor  and  calmness,  and  it  contains  a  most 
pathetical  and  affecting  account  of  the  pre- 
sent state  of  things  in  Scotland,  and  the  pre- 
ceeding  history  will  afford  vouchers  for  many 
particulars  in  it.  It  might  have  been  expected 
tb is  declaration  would  have  much  awakeacd 
the  kingdom,  but  indeed  it  bad  vefy  little  ia- 
fluence  that  way. 

"  When  they  were  at  Mull,  or  coming  to  it, 
the  earl  sent  offhisKonMr.  Charles,  auil  bf 
went  ashore  at  the  castle  of  Dunstafiugf ,  with 
letters  to  his  friends.  Some,  whom  he  sup- 
pled to  be  his  friends,  basely  discovered  ail, 
and  others  were  very  backward  to  joyn.  The 
lairds  of  Lochniel  and  Loup  had  lettwtamon; 
other  gentlemen  of  the  shire.  The  first eait 
Mr.  Charles  his  solruin  promise  to  joyn  tha 
earl  with  all  men  he  could  raise,  and  that  npoa 
a  day  a|»pointe<l ;  and  yet  ni<wt  treacherously 
ho  sent  by  an  t  xpress  the  earl's  letters,  aw 
prohably  his  declarations,  to  the  connril  < 
l^dinburgh,  and  afterwards  joy  nod  tlie  niarqdi 
of  Athole,  with  his  forces,  at  Inveraray. 

*<  Mr.  Charles  used  nil  his  interest  in  that 
country  to  convocate  them  ;  but,  except  a 
hundred  or  t^i^o  hiiodred  volunleeni,  lieliad 
very  little  success.  Some  pretended  they  di^ 
not  believe  the  carl  was  come  in  person,  other- 
wise he  himself  would  have  come  to  the  shire; 
others  professed  their  willin<;nessto  stand  and 
fall  with  the  carl,  but  prefise<l  he  mi^ht  ^fto^ 
fight  the  enemy,  otherwise  their  families  Uf 
presently  at  tlirir  merry  ;  and  indeed  the  bei 
of  the  ijenllenien  in  the  earl's  company  were 
for  this,  but  it  was  as  violently  oi>pused  hy 
others. 

"  All  Mr.  Charles  got  done,  waa  potting  i 
pirrison  in  the  castle  of  Caraasory,  tbc  dweB- 
ing  house  of  sir  Dtmcaa  Campbel  of  AoeUi- 


**  May  11,  the  council  publish  a  Prorhroa- 
linn,  ordering  out  all  the  fencible  men  ;  which, 
•ince  it  is  m  c(»ramon  form  with  those  at 
Bothwel  and  Pentland,  needs  not  be  insert. 
May  17,  Letters  are  writ  by  the  council  to  the 
duke  of  Gonlon,  and  a  great  many  others  in 
the  northern  shires,  acM|iiainting'  them,  that  the 
earl  of  Ari^yle  is  appearin|;<;'  on  the  western 
ishmds,  and  appomtin'T  them  to  call  forth  the 
heritors.  Tliat  same  day  William  Spence  and 
Blackadder,  are  onleretl  to  lie  broufjjfht 
•outh  to  Edinbursrh.  And  May  19,  all  the 
heritors  on  the  south  side  of  Tay|  are  ordered 
to  attend  upon  the  king's  hosL  That  same 
day,  **  Lord  Neil  Campbell,  William  Cochran 
younger  of  Ochiltree,  the  master  of  Melvil, 
and  Pringle  younger  of  Tor^voolllpe,  arc  re- 
quired tu  enter  their  persons  ^rithin  twelve 
hours,  in  the  castle  of  Ethnburgh.'*  This  is 
all  [  have  observed  in  the  registers,  till  June 
20,  when  the  earl  of  Ai-gvle  is  ordered  to  be 
brou;;ht  to  Edinhunrh  under  a  guard,  as  we 
shall  hear.  I  return  now  to  give  a  narrative 
of  the  earl's  attempt. 

"  At  first  their  voyage  was  very  promising, 
and  in  thri.'e  days  they  were  at  Orkney,  and 
happily  escaped  the  'dangerous  tides  there  ; 
and  under  a  considerable  storm  they  were  kept  • 
together,  and  free  of  the  rocks,  when  they 
oould  neither  see  the  coast  nor  their  lanterns, 
by  reason  of  a  thick  mist :  but  next  day,  im- 
happily  they  found  themsekes  on  the  'wrong 
side  ot  Orkney,  and  had  missed  the  passage 
betwixt  Orkney  and  Zetland  ;  so  they  were 
forced  to  put  in  to  get  pilots,  not  without  hopes 
of  assistance,  but  \\ere  disappointed. 

**  Mr.  iJJac'kaddtT,  son  to  Mr  John  Black- 
adder,  f )f  ^vhom  before,  was  sent  iu  by  the  earl 
to  get  intelligence,  and  Mr.  \\  ill  lain  S|)ence 
would  needs  go  with  him,  to  visit  an  uncle  of 
his  who  live<l  in  Kirkwnll,  the  chief  town  in 
Orkney.  Ijoth  were<lisoovtrtHl,  and  catched 
by  the  old  bishop  there.  This  was  a  great 
Joss,  and  alarmed  the  country  very  much,  and 
notice  was  soon  sent  to  the  government,  of  the 
small  force  the  earl  had  >^  ith  him. 

**  The  carl  w.is  peremptorily  resolved  to  re- 
cover the  two  geiitli'men,  ano  ordered  sir  Pa- 
trick Hume,  with  a  party  of  fusileers,  to  attick 
the  town  where  the  bitihop  und  they  were, 
which  might  have  bocn  easily  done ;  but  some 
of  the  company  intiuiiicod  the  enrl,  and  much 
more  the  masters  of  the  ships,  pretending  they 
might  ly  long  then*,  deUiined  by  contmry 
winds  ;  so  the  d('si«<fn  was  dropt,  and  only  li^-c 
or  six  prisoners  sei/e<l. 

'*  From  Orkney  the  little  fleet  hasted  away 
by  the  inside  of  the  Western  Islands,  as  the 
shortrst  conrse  ;  and  li-ad  they  got  thither 
straight,  tliey  would  have  surprized  a  gentle- 
man, Ballechan,  in  lla,  with  t(»uror  tive  hun- 
dred men  :  but  the  m  ind  calmed,  and  after- 
wards blew  liard  and  contrary,  which  made 
them  tack  in  to  the  sound  of  Mull,  that,  if 
possible,  the  earl  might  touch  at  Lorn,  a  part 
ut*  his  own  lauds.  And  if  such  as  they  ex- 
pected bad  joy  ncd  them,  that  country  had  been 


NBl]  STATE  TRIALSp36  CHARLSsn.  l68i.-^<Af  £.  ofldmdmmand^hetB.  [lOSfi 

brack,  ami  the  seUlinff  of  himself  with  a  few 
neu  ill  a  litde  town  belonging  to  8ir  Duncan, 
ibnut  fbnr  miles  distant ;  and  informed  his 
&dier  thence,  uf  the  state  of  the  country. 

**  While  tlie  earl  was  at  Kintyre,  he  had 
letters  from  Bir.  George  Barclay,  who  had 
bem  lent  orer,  as  wc  heard,  and  was  a  consi- 
dcrsUe  trustee  in  the  Lowlands.  By  those  he 
had  accounts,  that  all  possible  was  done,  in 
cder  to  dispose  the  country  for  befriending 
kirn ;  but  no  assurances  could  be  given  of  auy 
condcraUe  party  there  joining  him ;  that 
ftftfal  had  the  matter  under  their  considera- 
lim,  but  were  come  to  no  resolution.  In 
iboit,  all  was  but  faint  probabilities. 

•*  Hatters  standing  thus,  ue  need  not  won- 
dortbeear)  and  his  party  stayed  some  time  in 
Kiatyre.  The  earl  was  indeed  very  much 
UuM,  as  losing  time,  and  giving  his  enemies 
tinie  Id  draw  together  an  army ;  but  necessity 
kdi  no^hiw.  Aud  further,  as  was  thei^ given 
sat,  he  had  |iromisedtotheduke  of  Monmoutli, 
Iseontinue  in  some  retired  place  of  tlie  coun- 
. try,  till  he  had  notice  of  the  duke's  being  in 
Mioo  in  England.  He  had,  likewise  given 
aaonmoes  of  raising  a  considerable  number 
tfncn  io  his  own  shire,  and  we  see  how  much 
hi  was  disappointed.  iScurce  any  uf  his  friends 
AoCaave  sir  Duncan  Campbel  of  Auchin- 
hnd^  with  about  eight  hundred  men,  joyiied 

.■  "Twy  few  resorted  to  him  while  In  Kim- 

a;  oniv  he  bad  one  addition  of  about  three 
M  foot,  and  one  hundred  horse.    Upon 
ibmill  accession,  he  profKised  to  send  off  a 
WcM-ooantry  gentleman  to  the  castle  of  Ard 
■iln,  who  deelinetl  going  till  some  intelli- 

;  and  then  he  Mas  not  only  wil- 

I  hot  rash  and  hasty  to  undertake  that  cx- 

till,   with  ii7uch  ditHcuIty,  the  earl 

him,    bavin:;;  recL-ived  advices  the 

iras  full  of  forces,  and  some  English 

_    _  I  upon  that  shore. 

**  About  this  time  the  gonrf  news  came,  that 
^■hipbreck's  men  were  ready  ;  whereu|)on 
Aeoui  ordered  him  to  march  with  tbcm  to 
ihtTvbet,  a  very  centrical  place,  and  oppo- 
4ll  ID  the  Lowlands  ;  and  thither  the  earl 
^■fs  with  his  three  compimicH  from  Ita,  ui^d 
knec'otnpaDies  from  Kintyre,  commantUd  by 
^iaael  Aylief,  Robert  Elphaistuuu  of  Lapness, 
^d  ottjor  John  CampbJ,  afterward  executed 
Itlavenray,  and  a  troop  of  horse  couimanded 
^liamboU. 

^  At  th«  Tarbet,  upon  tlie  27th  of  May,  the 
>irtpriiited«  and  caused  disperse  his  own  De- 
fknCioii.  This  ^^J^  heai-s  the  rcasan  ol'  it 
^ito««ii  bosom.  The  earl  bud  concurred  in 
Ihiibnner  lais^  declaratiun  ;  but  it  was  i^i^en 
N|l.|y  bis  enemies,  that  he  hail  private  views 
^nevrar  hit  own  estate,  and  the  lands  of  bis 
This  he  fully  obviates,  and  pm 


^M»t»jBiy  not  only  bis  own  but  his  far  lit '.N 
^jhli.  The  otlier  particulars  the  rcat'.er  will 
Wis  lbs  paper  itself,  and  so  1  say  no  uiorc  of 
!«■),  TbP  Aedaratioii,  it  seeinx'  very  much 
goreroiueiit,  vluce  they 'print  it 


at  full  length ;  whereas  the  former  dedara- 
tion  is  printed  in  some  short  hints,  with  per- 
verting clauses  insert  by  way  of  commentary, 
and  for  the  refutation  of  it,  of  which  somo 
notice  hath  been  taken.  Both  were  published 
by  authority. 

*'  At  that  same  place,  about  a  thousand  men' 
joyned  the  earl,  mostly  with  sir  Duncan  Camp- 
bel. Here  the  earl  modelled  his  very  small 
army  into  three  regiments,  which  were  not 
nmch  above  five  hundred  men  |)er  piece.  Sir 
Duncan  Campbel,Mohn  Aylief,  and  tlie  hiird 
of  L:t|iness,  were  colonels ;  major  Alexander 
Campbel,  the  laird  of  Barbreck,  and  a  third, 
were  lieutenant-colonels ;  James  Henderson, 
John  Fullarton,  aud  major  John  Campbel,  wera 
majoi-s  ;  and  all  inferior  officers  were  at  this 
time  nominate,  and  this  handful  put  in  the 
best  order  might  be. 

^'  The  earl  was  fully  determined  to  have  at- 
tacked Ballechan,  who  was  lying  about  Inve- 
raray, waiting  for  the  marquis  of  Athole  and 
the  earl  of  Broad-albin  their  coming  up :  this 
was  a  very  reasonable  proposal.  That  gen- 
tleman had  but  about  six  hundred  men  with 
him,  which  might  have  easily  been  given  ac- 
count of,  and  Argyle  shire  settled  anusecured, 
and  the  carl's  army  at  least  doubled. 

*'  But  1  find  in  the  alMivementioned  paper, 
that  sir  John  Cochran  and  some  others  of  his 
party  would  by  no  means  consent  to  this  ;  but 
were  peremptory  to  have  soine  hundreds  of 
men,  and  half  of  the  arms  and  ammunition, 
brought  from  Holland,  giveu  sir  John,  and 
him  sent  to  the  shire  of  Air  instantly  :  he  was 
so  peremptor}',  that  he  said,  if  no  l^dy  would 
go  with  him,  he  would  go  alone  with  a  com- 
lork  in  his  hand.  This  was  not  the  only  con- 
tradiction sir  John  gave  the  earl,  if  the  ac« 
counts  of  those  times  may  be  credited. 

''*'  To  do  every  man  justice,  as  far  as  my  ac- 
counts ailbrd  materials  in  this  irksom  story,  I 
am  apt  to  think,  sur  John  laid  too  much  weight 
upon  some  informations  which  came  from  the 
Lowlands,  aud  promised  himself  a  great  deal 
more  than  came  to  pass.  I  have  In-tbre  me  a 
letter  without  any  date ;  but  I  take  it  to  be  at 
this  time,  from  William  (alWwards  lieutenant- 
colonel)  Ckllan,  to  sir  John,  which,  with 
some  other  accounts  of  such  a  nature,  might 
have  out  an  e<ige  on  sir  John's  expectations, 
especialiv  in  a  matter  he  would  so  willingly 
have  had  true.  It  deserves  a  room  here,  as 
what  at  least  will  let  u^  in  to  the  activity  and 
cndcuuiiirs  of  that  gallant  gentleman,  in  the 
trust  coniiiiitted  to  luin.     Jt  follows  : 

*  S.  P.  1. 

*  If  vou  kiK^w  what  hazflrds  I  liavo  nm,  and 
'  travel  i  Waw  been  at,  y<}ii  would  he  satistied  1 
'  have  not  been  ncglitrcnt.     I  \\\\\v  turned  all 

*  stones,  and  hope,  by  God's  assistance,  things 

*  shall  go  well.     The  great  muliliudcs  «f  ene- 

*  lilies,  and  the  remissness  of  sdine  friends, 
<  liave  retarded   mightily.     By  God's  help,  I 

*  hope  the  malecontents  are  gained,  and  begin 

*  now  to  act :  I  hava  this  order  to  write  in  th«k 


STATE  TRIALS,  36Cha&lks  n«  l6U 


«  ii«iii«9»  thai  if  Mr  Rer  be  for  the  work  of  re- 
«  foroi^oi),  carried  on  from  tKe  1638  to  the 

*  1648,  Uiey  are  i'ar  him.     Let  him  Dot  i pare  to 

*  »peak  them  fair,  and  d at  to  be  anv  way  trou- 
'  bled  fur  what  they  may  write  to  Dim.     Rce|i 

*  yoQ  strong  where  yon  are,  and  keep  the  ene- 

*  iny  in  ss  greal  rexalion  ma  you  cao,  till  you 

*  tec  m  beaeoD  upon  Lowdoo-hilL     I  hope  in 

*  ei|^t  days  or  tliereby  all  shall  be  in  a  flame. 

*  Send  us  intelligrence  to  Moffat-well,  if  possi- 

*  ble,  where  I  shall  have  a  man  or  woman  with 

*  a  knot  of  broad  red  ribbons  about  their  ri^rht 
^  arm,  to  whom  they  shall  give  all  their  inteHi- 

*  g-ence.     Haste  to  send  it.     The  enemies  did 

*  prevent  us  as  to  horses,  but  we  are  minded  to 

*  retake  them.     If  yon  could  frequently  abrm 

*  the  enemies,  it  would  erceedinjfly  weaken 

*  tbem*     In  short,  things  ore  brought  to  a  pro- 
*■  babte  posture.' 

*<  This  probability  did  misgite,  and  tltose 
temed  malecontents^  the  society  people  in  the 
aOOtb  and  west,  fell  into  diHTerences,  as  we 
Ii6ard|  as  to  the  terms  upon  which  they  would 
jjOyti  with  xArgyle.  But  1  caji  find  nothing  of 
tbetr  scruples  as  to  his  being  against  niouar- 
chy,  and  for  a  common  wealth,  which  is  a 
mere  reproach:  And  uothijig  was  effectually 
done. 

**  However^  such  accounts  as  these  made 
some  of  ilie  4(entlemen  stifily  oppose  the  earl 
his  going  to  Inveraray,  when  he  had  an  excel- 
lent pros|M!<:t  of  muny  advantages  by  so  doing* 
Tu  deleiijjine.  ibvir  ditforent  sentiments,  a 
onmeil  of  uar  muh  eallrJ,  and  there,  contrary 
to  the  earrs  sentiments,  it  M-as  resolved  to  make 
an iuTaaion  upon  the  lowlands.  The  earl  calm- 
ly submjtiad,  but  indeed  this  step  was  mightily 
to  tlieir  loss. 

^^  At  the  isle  of  Bate,  another  stop  befel 
them;  a  company  of  foot,  and  some  of  Rum- 
bold*s  horse,  could  not  have  boats  to  come  up 
aoon  enough,  and  waiting  for  them,  the  earl 
was  detained  three  days.  When  I  hey  arrived, 
the  good  project  upon  Inveraray  was  laid  aside, 
and  the  forces  transported,  the  best  way  they 
could,  to  Cowal  in  Argyle  shire,  just  opiKisite 
to  the  lowlands,  whilTiei*  the  gentlemen  would 
be.  And  sir  John  Cochran,  cojonel  filphtn- 
stoun,  and  major  Fullartoun,  were  sent  to  the 
lowlands, 

**  By  this  time  the  coasts  were  guarded,  and 
some  Enj^lish  frigata  come  up,  so  that  sir  John 
durst  not  land  in  the  Largs  in  Air  shire,  as  was 
prqjecied,  but  put  in  towards  Greenock  for  in- 
telligence, and  some  meal  for  their  army. 

**  l^^ien  they  came  within  musket  shot  of 
land,  there  appeared  a  body  of  horse  upon  the 
sburc.  Sir  John  having  the  command,  ordered 
colonel  £iphinstoun  to  es^oy  landing  with 
alraut  twenty  men,  iihich  was  all  they  could 
land  at  once  for  want  of  boats  ;  but  the  thiug 
being  impracticable  at  that  place,  and  the  co- 
lonel's orders  being  only  to  ol*ey  in  as  far  an 
reasonable,  taking  this  to  be  just  the  losing  io 
many  men,  he  flatty  refused. 

**  &r'Johji  prevailed  upon  major  Fullartoun, 


^  vien,tOHllaDnlt»U 

'  ky%  wkksli  tn  did  niff 

'  giiiaal«Mkn«i«i 

iHter.     Tliv  prM 


with  about  a  dtmtnk  «f 
in  another  place  ] 
the  Ore  of  the  mihtia,  a'oil  ; 
into  a  sort  of  ditch  f^Mr  shHter* 
account  abovenaroed,  bears,  *  Thmt  ike  * 
seeing  them  ashore,  gaire  #irer  firini:,  aad  At 


*  young  laird  of  Hooitotlti,  aod  Crawfonltea, 
'  came  up  to  the  cnajfn*,  ftitd  aaotber  with  b«, 

*  and  had  some  otuirersstionv  and  paaidttv 


« 


mutual  worrfai  of  himoitr^  to  i 
'■  till  the  parley  was  over.     Af^r  they  Hadal* 

*  ed  some  oneations  at  the  mafor,  to  bis  snU 

*  surprize,  they  difcbargied  th«tr  pastids  alMii» 

*  whu;h   happily  missed  binr»,  aod  be  ntiOMi 

*  his,  and  killed  one  of  ibeir  I 

*  ed  another.     By  tliit  tin 

*  were  landed  to  the  major's 

*  those  with  the  first  fMirty  beliST«il  m  i 
'  that  the  militia  retired  to  llie  Ibe^oT  i 
^  opposite  to  the  ships,  who  6r»4  i  _ 

*  thecn^  which  reached  bo  near  thens,  tiial  i 

*  retired,  and  some  did  n<it  draw  hridlrliil ib^  ' 

*  came  to  Faisly/  This  is  tbe  account  givia 
in  the  printed  narrative  be<t»r(-naiG»tk»acd ;  1 
cannot  assert  it  as  certain,  and  h&ve  aci  it  dost 
as  I  tind  it. 

*'  Having  oommontcated  what  is  above.  16 1 
worthy  gentleman  present  at  iliia  litde  kbAi, 
he  is  pleased  to  acquaint  me,  *  Tbst  line  hn- 

*  tors  of  lienfrew shire,  formed  is  a  txoop  oiip 
'  the  lord  Cochran,  at  the  ooundrs  ^fidii' 
'  ineot,  were  at  this  time  keepiti|f  goatd  < 
'  Greenock.  When  Mr.  Fullartaao  '  *  * 
'  near  the  kirk  of  OreeniH-k,  Jotm  He 

*  yoimger  of  that  ilk,  lieutenant  o4'  ibe  I 

<  and     T) 


and    Thomas    Craufbrd    of    Cmwfoi 
^  elder,  quartermaster  to  it,  with 

*  men  in  comi»nv»  r*'de  down  tov 
^  Fullartoun  and  uis  men,  who  ha4  put  if  i 
,  sig^ial  for  parley;  and  Houstoun  bavinf  i^ 
^  postulated  with  the  major  on  tbe«r 
'  he  answered,  they  were  cotnf^  to  thrrr 
'  country,  for  the  preservation  ' 
'  religion,  aD<l  libertlea  of  tb< 

*  was  pity  stich  brave  geatleincii  «.noui»i  «p- 
^  pear  against  them,  in  uie  serrtoe  of  a  |ii|al 

*  tyrant  and  usurper.  Upon  %vhich  iloatfiw 
'  said  he  was  a  liar,  and  thschar;ge<l  hi«  |a^ 

*  amongst  them,  as  did  also  the  rest  of  tliefi^ 
*■  tiemen  with  him,  and  the  m:iior  and  hit  osi 

*  returned  their  fire  very  brizJ^  ly ,  but  did  ■* 
'  execution ;  only  Houstoim'a  horse  bdnff  ^ 
*■  mettle,  and  unused  witJi  fire,  tjinew  sMi 
'  but  be  soon  remotmtedi  and  reLuruedtatb 

*  troop/ 

**  Upon  their  flight,  sir  John  with  the  •«• 
came  ashore,  and  entered  the  towrn  of  GrmfliA 
ai]d  endear onrcd  to  preva?  1  r  inbabinrtk 
to^joyn  in  defence  of  re  I'  libtrinr*    Hi 

sazed  about  forty  bolls  ui  uitiH,  insteM  of  ll^ 
two  hundred  the  earl  Iiad  ordered  him  la  ha^ 
for  the  use  of  the  army ;  and  then,  upoa^te 
alunn,  went  off  in  the  night,  and  itt^ad  huk^ 
i'tnvA,  and  Uiere,  tix>  lati%  dacUfsd  it  a» 
fully  to  attempt  the  lowlands  ns  yel,  they  W«f 
every  where  guarded  with  Boldi^m  and  oiilitB' 

'«  AJl  now  Idl  10  the  «Arl,  was  la  aak^  i^ 
& 


fSTATETKlALS.36CHARLRsll.  l6U.^ike  K  of  Loudoun  mdaihers,  [1088* 


t  he  cuufff  in  hia  ovrii  count  rv  i   and  m  fte 
^wwi   lib   de«t^    la    iittenipt    Inveraray, 
iK»w    St   II   vast  ilf^MMlvHiitui^e.      Ac- 
,  lir  riii  tries  hiM  k(ii;UI  nritM  i  uiuY'^nve 
ball  ui  ii  to  cM>loiicl  Kiiiulu  i<J,  Atu]  sent 
-    ^  '   ^'  '      ''  ''k^  iii.ujjuis  of 
|l  'wi««o  to  injse 

Hitli  Uun*.t;JJ  t«  lfii«*rajjiy  j  but 

Dif  CJiiiM'ary  !jix  ar  i'it^ht  iJavs,  nnd 

►  t'lisjat*  b#»iii*{'  n»i«e   ti|^   he  was 

'  tit!!*  Vf^ist^U  ur«fer  the  oinntJe  o!* 

*rh«np  he  took  out  surli  jirinic  ami 

tiiJii  sui  li^  at  prtfMMit  stooil  iti  dcihI  oi\ 

llliem  uji  in  the  cftHtle,  wUU'h  hv  torii- 

iell  aM  in  sn  cihort  a  time  he  could,  muJ 

L'lieil  by  lutid  to  InvtTurjv.   rtrsohiu;; 

;  till' muniiiu  ol'  A»h<»k",  U    his  %hiit\ 

ti{i  to  him*     lie  lett  iwu  ci}ru|f;u]tes 

i  Uie  castii** 


[J- 


*  hunilretf 
^hiss ; 


■  V  :t  five 

\n!kiiii^ 
He  jn  i-rjMja,  in    tiDMiL  1-ul oti  a  laitje 
lull  of  n»cn»  to  knoiv  the  coloru'l'i 
^(f    <ti.T.,tiik    -r^rjiain    Duncan  son 
l»  »ul,  wrth  ten  mcn^ 

^  .  >hot  of  ihf  tovui, 
j^iaadi  lo  liiy  hnn«>ur  i  However,  so  nit  rv- 
iTfiU  wt?iv  onltreil  from  lovtTarnyjto  rttakt* 
'     lie  t^f  Artlkinglass. 

lire  c»rl,  by  ihts  lime,  wns  i^ot  U{\ 

J  rc^gimt^nt*  b<Miml  with  Itiu^  to  Uum- 

kI  the  enemy  tlut!in|j  their ,  tutstake^ 

[mJt  III  th«!  bead  of  Uirhfin,     Up«iu 

*  eaiH  lilfuiielff  nith  five  cotnprmies  of 

nvo  of  horse,  went  li>  ntlack  ihem, 

'  rc3t  to  be  hroug-hl  uj»  by  air  l>iin- 

pbeL    The  maniuis  of  Alliole  beltijj 

[4>f  thbi  ii«nt  off  ^omi^  of  his  tnen  in 

fftUd  upon  the  em  Is  rerc,  and  cut  off 

but  sir  Duuc^ui  proveiUeil  thai  by 

able  r^imin^  u|). 

I  tfiirl  wilb  the  iirst  named  companieflf 
Ltbe  lirbi  b<Mlv  of  the  e fiemy,  auil  eu- 
^tbrmlo  liaf  ilight,  ainl  {Jiirsu«.'fl  iheiii 
rbilc  ijpubt^ep  hill,  till  the  i^tounil 
Bii  iitJMidviiiitii^^eouSf  that  he  s,skw  tli  to 
,  r^rirfHt^     In  this  action  be  had  but  one 
d^  uni)  severala  of  the  enemy  were 
wounded, 
r  tilts  advant^agc  tb€  earl  returned  to 
"  AlilLing^ljtKs,  and  desii^uetl   next 
,  little  army  to  attack  ItiviT^iniyi 
T(\\\\ii  of  \t\jole  ^vjis  reckoned  tive 
ne  tb«  carl  wassuircely 
tfttt  kiu*j;;'s  fnf(atj»  and 
•  eomingf  up  pretty 
.  where  the  enii\ 
■i    tlie  q;eiilletuen  %rho 
H  carl  to    \rtlliin[Uf);is*4, 


of  Al- 
ordering 


Rumbttia  and  m  Uunoan,  to 


meet  him  at  tbe  kirk  of  Cleudarule,  if  there 
wiiji  nerd  ;  which  they  did. 

**  Thus  a  second  time  the  earl  was  miirrcil] 

in  hi^  design  upon  Inveraray,  when  it  hart  mosil 
probrddy  sueeee<ieil,  thout^h  the  marquis  off 
Atliole  luid  double  his  numbers,  since  U|K>i|'| 
thi^  small  rutlle  jrrcal  uuritbeni  of  the  marquis'M 
men  left  hint.  In  short  every  thing'  went  erosil 
the  earPs  desig^n,  and  that  whet:  just  about  to  j 
be  happily  executed. 

*^  When  the  earl  came  to  Allanffre^  in  tliia 
eriiical  juucture,  Ue  renoUed  lo  ntait  out  fouf  J 
prizes  he  Itud  got  at  sea,  and  thirty  Int^tfl 
cowans  or  fiishor-boatfs,  with  tbe  thousand  meaj 
he  had  uith  huu,  and  joitr  hi»>  own  three  sbi}isj 
with  them,  and  altack  the  men  of  t%artl>a*  weral 
c<unin;^  up ;  but  onoiher  mutiny  was  rfti^ett^ 
aniont^  the  seutnen^  by  thowe  hIio  !»titl  erobnr- i 
lUttiied  the  earl,  so  the  desig-u  was  cotirelyl 
broke^  and  the  ei»rl  forceil  ii^o  tiie  uieiwures 
those,  who,  co^i  wtuit  it  would ^  resolved  to  bcj 
at  the  lowlands, 

*»  Thus  the  castle  of  AUanjfrcg  was  left 
tbe  Lnird  of  I^apnt'^s,  with  asuificient  garriisonjl 
and  men  to  guard  the  ships,  and  the  tjovernorl 
ordered,  in  case  be  irasnot  able  lo  hold  it  out^J 
to  blow  up  the  ma^a^ine,  and  either  to  dra«f  j 
up  the  sbipg,  so  as  they  mi^bt  he  recovered^l 
or  to  .^ink  them.  But  two  day^  after  theearf.l 
with  the  forces  had  ktl  them,  the  garrison  fof^j 
sook  all,  l>L!itti^;  an  tLey  said,  in  want  of  pmri^f 
sjou,  leaving  a  U'ain  of  powder  to  blow  up  th€l| 
ciiAile,  and  nei^lectin'^  the  shiptj  intnvly  ;  an4l 
vibjch  was  wor»e,  they  Nt  behind  them  thai 
few  pri Sonera  taken  at  Orkney,  who  l»einj]j  IcfkJ 
at  liberty,  immediately  ucquauiteil  the  captains  J 
of  the  Iriffats,  who  came  ashore  in  loog  iM>ats^  I 
discovered  the  ti-ain,  and  seized  all. 

**  No  wonder  that  thi«  vexeil  llie  earl,  when  ] 
the  t^arrison  came  up  to  him  in  his  march,  to*  j 
w»r«J  the  iiead  of  the  Gare-Joch  ^  and  now  no- 
thing'was  lell  him  hut  to  maridi  into  ttie  low* 
lands,  under  a  thuuianddii^idvantcL^cs.     In  thfl 
way    they    ruet    and  defeated    several   of  tlio  ] 
enemy^s  parties  ;  and  such  of  them  vtho  es- 
ca)M*«i,  alarmed  the  country   before  the  earl^  ] 
and  hii^itencii  up  the  icg^ular  forces,  actpiaint- 
hig  them  of  the  roa^l  the  earl  had   taken  ;    sa  . 
that  when   he   cro^ised  the  vi^aler  of  Lf:«iu,  a  | 
htlle  above  liunkbartou,  he  found  all  the  king;'fl 
army  and  militia  upon  him,  treble  to  bim  in  I 
number,  aud  iheiBtrl  of  Dutnbarton  on  their] 
head. 

*^  Here  the  earl  of  Ai^k  took  up  %  gfroundL  j 
which  was  ioaccessible  und  stfe,  but  they  eonln  J 
not  stay  in  it  for  want  <d'  provision,     ny  tlHMf  , 
titiHenible  difisions    they  lont  another  op|»or- 
tunuy    here,  to  have  louj^ht  a  part  of  ilieir  ] 
enemies  lieforegfeneral,  cannon,  ornnfmunitioiid 
were  come  up.     Tfiis  was  |»i-«'Hsi'd  hy  tbe  carlj  \ 
Inilhe  was  over -ruled.     When  all  tine  kin)i('s 
up,and  tliey  nmt^t  either  do  or 
I'i  bis  councd  of  war. 
I  iM  imiu  ifi  thcj^Miibuifu  were  fur  march- 
ing by  the  enemy,  and  letfin^if  them  (all  upon 
their  iet%,  which  in  tbe  foresaid  HmlH,  iiny«  th« 
<2arl,  would    batu  bteu    present  dekUrutitioiu 

3  U 


Ida]       STAT£  TRIALS,  36  Charlbb  1L  l684.-Ph»mfi0f  «  0grimi      [1028 


The  earl  tod  A^lieff  were  for  eoj^ing,  koow- 
ing'  todeed  they  were  treble  their  number,  but 
that  likewise  they  wanted  not  friends  among 
them.  This  was  violently  opposed  by  the 
other  side,  as  pertecUv  impracticable,  llum- 
bold  moderatefl  their  neats,  and  a  night  attack 
If  aa  agreed  upon  ;  but  the  earl  was  again  over- 
ruled and  balked  in  that  also  :  so  that  it  ended 
in  a  retreat  to  Glasgow,  or  Both wel- bridge,  and 
so  towards  the  soutli. 

*'  Accordingly  (ires  were  kindled,  and  men 
left  with  them,  which  took  so  well,  that  they 

S>t  all  pretty  well  betwixt  the  enemy  and 
Usgow.  Several  of  their  own  number  gave 
them  false  alarms,  pretending  to  see  pvtiea 
inarching  towards  them,  and  such  like  imaffi- 
liatioaa«  Sir  John  Cochran  m  charged  ia  the 
printed  account,  aa  being  very  instrumenlal  in 
diaooHragfiaff  the  meu,  and  pressing  them  to 
■eparateanu  flee ;  how  truly,  I  am  not  at  thia 
dis^Ukce  to  determine. 

"  But  it  is  certain  enough,  their  guides  mifr- 
gnided  them,  ami  carried  them  near  four  miles 
fdiout,  and  instead  of  lending  them  to  Gbugow. 
brought  them  down  u{k>u  '  Kilputrick  ;  and 
fhe  carl  in  thi;  fbrecited  Hints,  says,  he  wae« 
mile  in  the  dark  before  he  |»erceivcd  the  cheat, 
and  could  neither  help  it,  nor  perswade  them 
le  hah,  to  draw  up,  so  that  their  retreat  turned 
te.arout.  He  stayed  in  the  rere,  and  sent 
Rumbold  to  the  van  to  stoptliem,  but,  says  he, 
it  was  impossible,  and  concludes,  so  1  was  Icit 
neuessarily  to  be  taken. 

*<  At  Kilpati'ick  u  few  of  them  put  a  militia 
com  [Mm  V  to  Dig  tit,  and  hail  it  been  p(»i»ible  to 
have  rallied  their  scattered  forces,  they  might 
have  got  out  of  the  reach  of  the  enemy  ;  but 
that  u-as  impiaciirabie,  >%hen  a  go<ul  many  of 
tiu-iiutelves  uixi^dsepaiatiii^^and  fleeing. 

'*  Sir  John  Cocliran,  sir  Patrick  Hume,  and 
some  other  gentlemen  went  straight  to  Clyde, 
and  woi)l(l  not  so  mu(:h  as  stay  to  reason  the 
matter  with  my  loiil  Aij^yle.    Tliey  were  re- 
ceived with  the  tire  of  soine  of  the  militia 
horse,  when  they  came  to  the  other  aide.  The 
laii*d  of  Lapnesii,  the  laird  of  Barl»reck,  witli  a 
few  soldiepH,  coming  up  in  auuther  boat,  tired  | 
at  the  luiiitiu,  and  obliged  them  to  bear  off  with  ; 
sonic  loss,  and  ha\  iiiyf  i;ot  ashore,  tiiey  joyned  i 
the  rest,   and  were  pursued  tor  some  time  by  | 
two  troops  of  militia,  coiiiiuaiided  by  captaiii 
Clellau  of  Frtsken.     At  Icnjrlli  a  scuffle  liap- 
penetl  near  Muird)  k(\  in  Lociiwinnioch,  wiiere- 
m  captain  Clclhai  and  some  others  wcrt>  killeti,  i 
and  the  laitil  of  Bluir,  (othrr  accounts  make  it 
sir  Adam  Bhiir  of  (.^arbt'irv ,)  with  so iu(.<  others, 
wounded.     U|ion  the  olhf^'  s.de,  a  treii'I.-man 
of  the  name  of  Cainiibcl  wiis  Uillul.  an.!  '.njor 
Ilenilerrton,  and  >Ir.  Archer  (of  wlioin    .itter- 
wurd.x)  was  sore  woinidi'd. 

*'  Having  ^iven  this  account  of  uliai  of.ssed 
aince  the  earl's  coming  from  Holland,  i'lfurc  I 
enter  ujiou  the  earl's  personal  inisfoi1i.:ies,  let 
uie  sub)oyue  here  several  other  hints  emu'em- 
iiig  this  attempt,  and  particularly  the  eiuuunter 
at  Muirdyke,  from  a  narrative  come  to  my 
bandy  since  1  wcotc  what  in  above,  written  by 


a  person  of  good  reputation  yet  alive,  who  cmm 
over  with  the  earl,  and  waapreeent  at  the 
Muirdyke  encounter.  ^  When  we  eclaail  fna 

*  Holland,  we  were  not  above  three  hundred 

*  men  in  all,  but  had  our  three  alupa  laden  with 
*'  good  arms  and  ammunition,  ne  had  a  quick 
(  passage,  but  came  to  the  wrong  place  « the 
'  kuigdom,  Orkney,  where  two  of  our  nm 
'  were  taken.    When  we  came  about  to  the 

*  earl's  country,    a  good   many  highlandcn 

*  joined  us.  Upon  notice  of  an  English  mm 
f  ot  war  in  purauitof  ns,  we  went  down  a  Utlht 
«  creek  to  the  castle  of  AUai^|ic;^,  where  wt 

*  lo(k|;«d  all  our  arma  and  pruviaMMia,  and  baii 

*  a  fort  on  the  west  side  of  the  caade,  aid 

*  plaolediomecannott,incasethefriratiihoiU 

<  come  down.    We  left  an  hundred  and  tkf 

*  men  there,  and  went  in  queat  of  tbe  maiqM 

*  of  Athole's  men,  who  constantly  fled  fron  »  ^ 

*  Thus  we  were  taken  up  several  daya :   noa 

*  while  the  frigates  came  down  upon  the  caefe, 

*  which  our  men  could  not  defend,  and  vtn 

*  forced  to  quit  it,  hiying  a  train  to  bfew  alip, 

*  which  misgave,  and  all  feU  into  the  encmi't 

<  hand. 

<'  This  mightily  disconraged  the  eaile,ioil 
'  we  left  piuvuing  Atbole's  men,  and  miitbed 
'  to  the  lowlanda,  hopin|^  our  numhen  vtold 
'  increase.  When  at  nigjit  we  weie  9it6ag 
'  our  watches,  a  party  of  the  king'a  trospai^ 
'  peare<l,  so  that  instead  of  getting  rtk,  wc 

*  marched  all  night  towarda  Glasfow;  aid 

*  after  we  had  sent  out  for  prevismi,  wbwb  ett 

*  very  much  wanted,  the  whole  of  the  1^^ 

*  army  appear^  ;  so  we  drew  up  on  a  war 
^  side,  there  being  a  water  betwixt  ua  and  then, 
'  being  firmly  resolved  to  fight  them,  thoufh 

<  much  inferior  in  numbers ;  but  they  nem 
'  approached  us  all  that  day.     At  nigbt  ve 

*  marched  ofl*,  leaving  great  fires  in  our  fbnncf 

*  camp,  and  our  leaders  mistaking  the  way,  led  m 

*  into  a  moss,  which  quite  disordered  us,  so  Uut 

*  though  we  wcie  a  gooil  army  at  night,  tbert 

*  were  not  five  hundred  of  us  together  in  thi 

<  moruine.    Our  discouracrementa  beiogfrcsti 

*  multitudes,  and  RumboTd,  and  many  ocave 

*  men  who  had  no  mind  to  part  with  ui,  M 

*  their  way.    Those  who  kept  together  caowti 

*  Kilpatrick.    We  crossed  Clyde,  where  waii 

*  troop  of  militia  horse,  whiclisir  John  Codw 

<  an<i  Pol  wart  soon  defeated,  and  made  then  rst 

<  more  than  a  mile  before  they  halted  :  Sq  ve 

<  sent  the  boat  to  and  again,  till  we  bfOigt^ 

<  over  an  hundred  and  fifty  men,  and  theavt 
(  with  the  rest  reiused  to  come  over.    On  lbs 

<  south  side  of  Clyde  we  refreshed  onnelto 

<  with  some  provision,  in  a  gentleman's  boaM 

*  at    the    water  side,  which   had    beat  de- 

<  sij^ned  for  the  king's  forces,  and  indeed  we 

<  nee4led  it,  i'w  some  of  us  had  tasted  little  tbcaa 

*  three  days,  then  we  resolved  to  march  ia  i 

<  body  south  to  £ngland. 

<  But  the  militia  troops  we  had  cbaaed  fit* 
'  the  water  side,  had  got  two  others  jay*^ 
'  them,  and  came  towani  ua,  whidi  maoe  ei 
'  alter  our  rout.    Sir  John  Coefaran  dividaiei 

*  into  three  coopaniea,  one.  be 


'ATE TRIALS,  36  Cii At L Ed  IK  l(>8i— #Ac  E.o/Lmiimmsndoihen.ltOSO 


E*bt«rart  Uir  other,  find  major  Heo- 
e  Uiird.     We  w«Dt  to  attack  the  iiit* 
I  AeA,  and  vre  saw  no  more  of  them 
Ti,        Ti,     Twf»  troops  cuuimamleil 
Lm,  and  toy  lord  Rus^i,  with 
mm,    Limiie  near  us^  fvho   now  were 
i  to  »U>tn  scvt?nty,  and  attacked  u<  ; 
oiif  (^niijnfK  and   had  Mr,  Thomus 
voundcif,     A  trt^aty  wuk  W\^im^  and 
md  iiiini-tprs,  wbicli  *ve  rfd'iised,  and 
»i  >y^^^   nltich  was  a  kiud 

Br^i  I  >  I ifc^rc  t lie V  made u.  furious 
|I0I>  us,  wliereln  oiptain  Ci^^Uau  nas 
h1  renewed  their  »tlack,  wlicrein  we 
I  my  hnl  Hos*  was  in  liaxard ;  and 
Hat  had  liaroess,  would  ha%e  heeii 
prero!  othera  \irfro,  \Vc  had  one 
\  ftnd  two  wounde<1  ;  ^nd  sir  John 
I  two  shots*  whidi  lighted  on  his 
lid  itfuiLirtefl  much,  but  did  not 
PA'T  "  *V r:^  the  enemj^  retiretl  a 
ft''  I  na  rouud  at  some  dis- 

yj  (sa  \  s  the  writer)  cm- 

*^e  I\ir,  Archer  lyinq-^  who 

t-iw*fuL»'iJtd  by  bis  hltx-diny*.  He 
:  herd's  house,  wh€:re  the 
i\i  him»  aod  he  was  tulcen 
burgh. 

nij^bt  came,  sir  John  ordered  us  to 
i  miin  the  fold  we  were  in^  in  a  elose 
leiMknvmir  to  f'mve  our  way  through 
Binding  they  re^oUed  tu^-uard  ni; 
Hvcirces  should  eotne  U}>.  But  we 
na  retired  to  Kihnar»<H;k,  and  trn 
fin^  about  a  day\  time  tiigether,  in 
I  Utilise  of  sir  Jt^hn  Cuubntn  ht&  la> 
a  pan  bcariok^  tliut  the  carl  td'  Anv-yle 
ij  litr  John  dismissetl  us,  and  wu  »e- 
atid  Mbiiled  for  ourselves  the  bi*st 
r4»uhl/ 


r 


inif  James  |iubbaiheil  the  follow* 
'lOn  I 


iMATfON     AOiI?<ST    TRAtTOM 

Enres,  JufXE  ^4,  1686. 
be 


M3iD 


le  |T«c«  of  Owl,  kinfjf  of  Great 
ice,   Ireland,    defender  of  the 
f  Mttcena 

i<rv  cotiiiciU  or  niessena^^era  at  arm^, 
iliiu  tliAt  |iarit  conjunctly  and  so- 
Meiatly  consiituiu,  g-recting :  ioraii' 
i^Khti^td  Cam)d»i'),  late  lurl  of  Ar- 
^nrch  ami  hereditary  traitor)  tiav- 
^pm  oib«r  hia  accurn|»U4:e«  aud  as 
HDi  of  tbu  und  other  nutiuus,  com- 
^ber  to  disturb  our  t^overnment, 
iMu:«f  aud  trant(uillity  of  thi«  our  a»- 
o,  Olid  having*  UHWK;iHted  to 
C  vik  and  sacriU^tuus  mur- 
iate archbishoji  of  St.  An^ 
et)  thai  bloody  mi>icriaut  Iturti- 
who  w  lis  to  have  eaibrmxl 
the  Jiatired  blood  of  our  duarest 
to  h >»*'♦-  Ot'en  the  principal  ai  tor 
InigvJy,  designed  at  the  llye 


in  England  ^  they,  ptirs«atjt  to  their  traiterou* 
and  wicketl  plots  and  desiigns,  having  Itinde4 
in  some  of  our  western  and  hi^hbnd  islaudi^ 
and  there  pillaged  and  harassed  our  utfftplc 
tbr  a  ccmsideiTible  space  by iijone ;  and  now, 
after  all  their  desperate  emk^a^oin*,  it  having 
pleased  llmig^hty  God  to  give  oar  tiii-ces  that 
t(»»od  sucee^  over  lhe»e  »»ur  edtsmies,  as  td 
defeat  and  lolally  rout  them,  many  of  otiose 
chief  ringleader!^  are  now  taken,  and  parti> 
cuUrly  the  said  arch  traitor  ArchibAld  Camp* 
bel,  UumlKdd  the  malster,  Joliu  Aylief,  called 
colonel  Ay  lief,  (which  last,  out  of  the  terror 
of  his  atrocious  g-uilt  atid  deii]>air,  endteavoured 
to  kill  himselt  after  he  was  taken,  by  giving 
himself  a  wound  in  the  Uelty  with  a  kmfe,  ia 
tlie  prison  of  our  hnr^i  of  Glasj^ow)  and 
mauy  othera :  and  w  hereas  there  are  several 
of  tbnt  hpUish  crew  not  yet  taken,  who  may 
skulk  and  hirk  in  this  our  realm,  with  these 
of  their  party,  aod  he  shelici'^d  by  disaffected 
persons  ;  and  we^  being  residved  to  prosi-cute 
und  pursue  thiwc  execi-ablc  rt  bels  and  irnilors, 
uulii  tbey  he  apprebruded  and  broi»*;ht  t* 
eundi^n  putiishtiunt,  do  hereby,  with  the  ad- 
vice of  our  privy  couuiil,  require  and  com* 
mand  all  our  lifood  and  britif^  subfifcti,  aiii 
particularly  all  our  sheritTs  and  other  magia* 
tfatet,  amf  theoHicers  of  our  siandiiiff  fbrcei 
and  mihtia,  to  ukc  their  utmost  eudeavoui^ 
ibr  atipi^hendiiig  tlte  aaid  rtbels  and  triiitortf, 
and  hriojcin^  them  to  juKiire ;  and  for  that 
etieet,  to  convocate  otrr  lieges,  and  use  «K 
other  warlike  force  against  them :  and  lor 
tlioir  encouraitfemcut,  we  btrei*y  not  oaly 
irtdemndy  and  fully  pardon  th<?m  of  auy 
Mood,  sluu£fhiCM',  uiutilatiou,  lire-raism^,  or 
auv.h  like  inconienit-m-iej^,  which  may  tail  out 
ill  this  our  service^  hut  we  do  hereby  pro- 
mi««e  and  assure  any  per-s^m  or  |K;r*ionK,  "ho 
KbadI  upprihrnl  tifc  pt'}*stins  uuifi-r^riHen, 
dead  or  ahve,  or  disL-over  tliem  so  as  they 
may  be  npivrehnidcd,  the  revvanis  foHowinjt^, 
viz'  For  Joim  Cochran,  sotn^^ttmc  called  sir 
John  Cochran  id'  <Jrhdtre«e,  Patrick  Huhic, 
sometime  ealle^l  sir  PalrK-k  [fimie  of  Pol  wart, 
toileiied  trititors,  Archibald  C^mpbel,  son  to 
the  lord  >^cil  Campbct,  Charlts  and  Joliii 
Camplnds,  sonsto.tiie  said  arch  traitor  Archi- 

halil  Campbel, Pring^le  cd    Forwoodlee, 

sir  Duncan  Campbel  of  Auehinbreck,  and 
carb  of  them,  the  sum  id  ei;^hteen  hundred 
merks  8cois  iiioney  ;  — —  Deuholm  of  West- 

shitds,  und liulfour,  and Fleminar, 

murderers  and  asmi^ues  of  the  said  late  arch- 
bishoii  fd"  Hi,  Andrews,  Wdliam  Clevehuiif 

culteJ  captain  L  levehmd,  und  — 8tiiart 

yoiinLjfer  of  Cultne»«,  g^rundcliild  to  sir  Jauunt 
Sluart^  sometime  provoM  of  Edinburgh,  and 
eueli  of  thcm«  one  tboustmd  merks  money 

for<*said ;  for IVisheart  maffter  of  one 

ol'tbesbip!i  who  came  alooi^t  with  the  said 
arch  trai  or  Arch.  C;im[»bel,  6LK)  inerKs,  v^a^l 
tor  every  tknaiical  preat'luT  wiio  >%ns  wichltte 
said  rrlMfls,  1CKX)  inerks  money  tores  nd.  A(kd 
we  lurt her  declare,  th.it  d  any  of  oursulyecfa 
shall  be  so  des|»cnitety  wicked,  an  Ui  hurbouTt 


1031]        STATE  TRIALS,  36  Chaeles  II,  1 684.— Prof efrfm^«  ^g&imM 


*  reset,   entertain,    imereommtiDe,    cafiveree^ 

*  c<jrr€sponrf  Wfitb,  or  comf(>rt  any  of  ihe  said 

^  nersoii*»,  Hiiy  manner  of  way,  orsbull  not  gire 

*  ilitc4litft»uce  of  ihvvn,  or  shuil  oot  {^rvc  their 

*  asslsiunct^  atrai»«l  them,  thiit  they  shall  ht* 
'  lioldeiif  lepuip,  irt^nU'dt  oiid  ilemeanal  nil  ami 

*  pan  vi\  and   acrt'-ssory    t»   the  suit!   hotriil 

*  crime  ot  Ireo^jon  on*!  mx^llion  ngnitist  us,  and 

*  otjr  royal  «'overumcnt,  with  tlie  litnifwst  seve- 

*  nty  of  law.     Ami  j^nerally,  ve  hereby  pn>- 

*  hUni  and  dischurt^tiatl  our  subjects,  from  har- 

*  h4»urii)i«:,  resttlio^,  lodfftiig,  or  entertaining 

*  any  peisotts  wjiat^^neircr,  iinlc^is  ihcy  Iia%e  a 
'  pass  from  tbe?«e   nnthortzed  by  our  foraK*r 

*  proclamations  to  pTant  the  same,  as  tbey  will 

*  ansMfr  nt  their  bigbe^t  penL     And  that  this 

*  our  plear^ure  may  hv  known  to  all  our  lieges, 

*  our  will  is,  and  we  charj^e  you  stricll v  anil 

*  commRud,  tliat  incontinent,  these  our  letters 

*  seen,  ye  ^lass  to  the  market- cross  of  Edin- 

*  burgfh,   LtnlithiLrow,    Stirlinj^^,     Lanerk»    Air, 

*  Renfrew,  !tntlierg^len,<ilas|rfiw,  lr\iui,  Duni- 
'  btirtoun^  Ui^ttmn,  Kirkcndhright,  Dumfries, 

*  Inveraray,  and  all  theotber  market -crosiJ us 

*  of  the  head  bur^i^ns  of  the  Fihires  of  this  kinsf- 

*  doni,  and  there,  by  open  proclamation,  in  our 
'  royal  name  and  autbt^rity,  make  publicatioti 


*  ol   our  oleaKure  in  the  premisses.     And  we 

*  further  oereby  recommend  to  the  ri^ht  re- 

*  lerend  our  archbishops  and  bishops,  thai  they 

*  cause  this  our  royal   proclamation  be  reaid 

*  from  the  pnlpits,  by  the  ministers  of  the  fie- 

*  vcral  parts hcH  in   their  dioceses,  resj*ective, 

*  U|M>n  the  first  Li>rd's-*lay  aflcr  the  san»e  jihall 

*  be  delivered   to  them  ;  rer^uiriny  hereby  all 

*  our  sheriifs,  to  cause  publish  and  deliver  thi!^ 

*  our  proclamation  in  manner  above  said,  iui- 

*  mediately  after  tht  same  comes  to  their  handsi, 

*  as  they  will  anstrer  the  contrary  at  their 

*  hi jf best  peril. 

'  Given  under  our  si^jnet,  at  Edinburgh,  the 

*  21th  day  of  June,   1005,  and  of  our 

*  rcig^  the  first  year. 

<  Per  actum  Domiuorum  Secreti  CooeJlii. 

•  CoL  MACKEszrp,  CL  Hecr.  Concilii. 
*  God  save  the  King.* 

**rochran  had  a  rich  fether,  theeaHof  Don- 
donald  ;  and  lie  offered  tlie  priests  5,000/.  to 
iiave  his  son.  They  wanted  a  stork  of  money 
^itr  manng"iii|T  tlieir  def^ig^ns :  solhey  intei^posed 
FO  clTeiiuHliy,  that  the  bnriifnin  wa*!  made. 
But^  to  covcf  jt^  Cochran  pctttioue^l  the  coun- 
cil that  he  misfhl  lie  sent  to  the  kin*j,  for  he 
had  some  secrets  of  g'reat  importatire,  %*^hiclt 
were  not  tit  to  be  conmmnicateil  i<>  any  but  to 
the  king  himself.  He  i*as  npon  thai  Uroug'ht 
up  to  London  ;  and,  atW  he  had  been  lor  some 
time  iu  private  with  tlie  kjntf,  the  mattors  be 
had  discovered  were  said  to  l>e  of  such  im- 
portance, that  iu  eonsidc  ration  of  that  the  kin^ 
pardoneil  him.  It  wa<i  said,  he  had  discovered 
all  their  ne^eiations  wirh  the  Elector  of  Bran* 
deoburijh,  and  the  Prince  of  Oinnge.  Bui 
this  was  a  pretence  only  given  out  to  conceal 
Ibe  bai^'iin,  for  the  j^riuce  toid  me  be  lia*r 


never  once  ieen  him.    The  aecret  of  this  cam 
to  be  kpown  soon  after/'     Biinict. 

1  know  not  what  were  tU<?  tmnwir«iiw»  of 
lord  Ml Ivde  in  the  interval  between  bit  «*c»^ 
ing"  Vo  Holland  and  the   |?*'ioiiiilnn       1  i!«in,A 
find  that  he  partook  in   tl 
j^yle:  his  name  is  not    iU' 
persons  alteinling  the  Council  hcbl 
dam,  A|»rn   17,    1655;    nor  do    1 
amonir  tho?»e  of  the  nobility,   wKm  iu»  Mink 
lf»,  1689,  subwcrilii  d  itie  '  T><^H:iral»on   nf  ^ 
Kslati*»*  conrcrninjj  kinijj   '  1  ;ni«r.    Hit 

was  ktnfif  William's  con  in  the  li 

nnd  :^*\  sessions,  16<M),  of  tint  >  m:' ^^ 

ment,   but  soon  dis^daeed  to  <  i 

vour  of  the  Episcopalians.     Se*.-  4  L^aiii^.  iai 

The  fidlowinjr  are  tbc   Deciarftlioos  w^ 

tloned  liy  \Vo<lro«  1 

DECLARATION  or  tub  Eaio.  or  A^cro, 

wnu  THL  NoBLr.MEN,  GtNiue.M&?«,  Sec  1  ' 

They  imist  be  at  ton-ether  Rlrafig«T»,  ' 
little  eonct  med   in   the   chriMitm   worliif  »** 
(after  all  that  the  nntion«  and  rimrclff»l 
have   seen,   of  the  Lord*$  mig-hly   hand  til 
stretched  out  arm,   in  the  l»*t*'  unr^  hn^uX  . 
kinij  Charles  1.  and  bin  j»eanb 
of  Scotland,  Eni^land  and  in  I 
then  conspiring^s  of  [H 
ruin  <  f  true  relicpon 
advancement  of  the  K;"^i" 
liOifl  Jesus  within  these  I 
upon  ensueil,  witli  the  gt  lu  . .. 
and  security  of   all   the   pi\it 
abmad,  that  i hence  redoundetU 
rooted  and  firm  loyalty  of  tbe 
whOj  oolwititstandmgof  (heir  lr»fi^«  bt( 
fatal  contending^  with  the  fat  J  ler,  did  yt, 
reason  aide,   fair  and    Just   irt-aties  coi 
with  all  the  assurance  that  cither 
honour,  or  gratitude  could  promise,  eall  fcai 
and  restore  Charle<<  IL  ht«  sou,  ti»  hiir  throM 
and  empire)*  are  not  fully  convinceti  and  ta^ 
fied,  that,  considenriir  the  per|»etii3d  ei«tli>* 
dicljngps  and  couuleractingfs  nf  all  tbete  9»or*l 
and  st)lenm  enslavements,  that   immedisliifi 
and  ever  since  have  been  practiced,  ihc*Wt 
reiffn  of  the  aforesaid  Charles  II,  (through  ifcr 
stms^trous  and  subtil  iofl«em*es  of  a  wicked  mni 
popish  party,  now  manifestly  discovereit),  «*» 
a  constant  and  uniform    course   of  j^ffj'in, 
aposlucy  and  violence*  begun   with   o|icii  t>- 
liellion  aifainst  Got!,  the  reseindin^  not  only  -i 
particular  Inws^  but  by  nn  uTipamncled^  et^t 
un politick  and  pernicious  device  of  whole  un- 
exceptionable parlbments,    for    tbe  eptcf  *< 
twenty  s(^Ten  years  precedmg",  nortwithsLKxl  n^ 
both  our  i-elifirion  and  liberties  were  therrr..  < 
pressU  J  Iq^ally  and  well  provided  for.  and  the 
cruel  shevldintf  of  the  lw;st  protestant  blooJ^  • 
the  most  unjust  execution  of  the  laMt  fn«f^ 
of  Ar^yle,  and  many  other  worth  ica  coptriry 
to  all  law  and  reason,  earned  on  by  the  amiJaff 
and  casting  out  of  more  faitbfiil  and  pi«ft 


]  STATETRIALS,  56Charles  IL  l6$4.—tke  E.of  Loudoun  and  othen.  [JOSt 


ore,  and  scattering  and  dissipTvtJng-  mDre 
lie  rtockj*  and  folbwers  of  Christ,  tban  was 
done  ill  most  of  the  t«n  primitiit!  ppr-ecutious, 
mnd  the  *Sehiging  of  these  Itimk  with  all 
▼ilkiinoiis  debaucheries  and  abomiDablp  hceii- 
DsoesSf  to  Iht^  very  proflhyating- of  conscience, 
*"  Jily  and  comumn  lioiiesly  from  among 
and  tht'iice  forward  accoiiiplisheil  by  a 
unrelenting  |>fersectiiion,  ami  r»jiprpssJoii 
tlhe  gentfnility  of  God's  peo|f!e,  in  their 
C!eocef»t  jx^i^  ms  aiid  e?itatijs,  wiib  vexatioiis 
rigours  almost  invrechble,  aod  that  for  no 
reason,  but  because  the}'  eouhl  not 
re!y  com  pi  v  with  ihe<!e  notorious  perfidies, 
the  manifold  piofnoaiioni^  and  mischiefs 
pre  with  tliey  are  attended, 
lut  this  hellish  mystery  of  anti christian 
|uity  ^od  arbitrary  tyranny,  imposiopr  u|>on 
Dy  at  home,  too  willinsf,  throucfli  their  love 
fcase,  to  be  abuseil,  ami  deluding  the  pro- 
''ant  churches  abroad  (in  that  woful  and 
ble  iiidiflerence  that  every  where  reigns)  by 
I  vain  pi-eiext  of  the  mere  notion  of  our  courts 
ply  and  simulate  protestant  profeshion, 
brng*  of  a  long  time,  ander  (lie  late  king-, 
de  most  remarkable  advanre^i  in  the  follow- 
^  particulars,  and  niany  more  that  mig-ht  he 
uerated,  all  too  evidently  seen,  and  lieavily 
to  uet'd  any  expUcite  proof  or  demon - 
^lEtratton. 

As  Imo.  Not  only  in  the  aborementioned 
open  and  avowed  revolting  from  Gr^d^  hy 
lireach  of  sworn  treaties,  covenants  and  eoriA 
nation  oaths^  and  ^li^hti.  g  and  deiipisin^  sikon- 
tnocoos  pronuses  and  procliimalions,  the  over- 
turning the  very  foimilaiiikiis  of  parhanienls, 
ftfhd  ran  versing,  at  one  blow,  our  best  and  mo«t 
lrgp.1  establi^hmcntts  -  the  ungrate,  as  well  a» 
unjust  pot ( I ng^  tn  death  of  most  innocent  untl 
fWithful  men,  upon  absurd  preiences,  eanvelled 
by  the  laws  and  customs  of  nations,  and  that 
in  ill e  time  of  (iod's  greate?5t  induhjjence  to- 
wards  ihe  authors;  the  desolating  of  the 
chttfcheSf  and  changing  of  the  ordinances  of 
Ood,  for  setting  un  ilie  frtvf>lous  and  super- 
stitious inveniionsi  of  men,  the  coimlenancinjj 
and  encouraging  all  rice  and  profnnity,  and 
J^kte  violent  and  grievous  persecuting*  of  all 
cience  and  conscientious  men. 
Jut  next,  aivl  more  particularly,  in  the  eon- 
ling  at  papists  ihcir  meetings  and  idoluirous 
ses,  while,  in  the  mean  lime,  all  proteslant 
Hcou  for  mists  are  persecuted  with  endless 
erities. 

Hie  raisings  keeping  up  and  increasing  of 
ding  fbreea,  the  very  bane  of  all  civil  and 
ful  govcmmentt  and  that  without  anV  other 
isnre,  save  what  the  indigence  of'  c-<»urt 
dry  and  proliision  did  necessarily  put  unto 

he  declaring  and  appointing'  a!l  judges  and 
officers  to  enjoy  their  ptaces  only  during 
pleasure,  on  purpose  to  make  them  more  supple 
and  compliant  to  all  their  master*s  designs. 

The  abusing  of  the  great  trust  of  calling 
and  diAolving  parliaments,  the  most  high  and 
'  court*  of  the  kingdoms^  hy  iniquous 


packing,  unseasonable  proroguing,  pernicitm» 
discharging,  aiiil  insolent  bafHing  Ihciii  at 
pleasure. 

The  exalling  of  the  king's  sunrpniaey,  under 
the  colour  of  his  p»^tea<led  right  and  piiwer, 
about  the  external  government  and  policy  of 
the  church,  to  an  expi"<'SH  and  alisulute  power 
of  enacting  and  statuting  in  all  church-meel- 
mg^  and  matters,  as  lie,  in  his  wisdom,  stmlF 
think  tit,  a  ready  and  prepared  tool  to  bring  utt 
back,  not  only  to  pojiei'y,  hut  to  paganism. 

The  strange  perversmn  of  the  nigh  trust  of 
the  militia,  committed  to  his  mfljeslyr  expressly 
for  the  protection  of  good  subjects,  and  the 
assistance  of  all  our  protestaut  friends  abroad, 
only  to  tlie  invading  anri  o[»pressing,  bv  law-  * 
less  hosts  of  the  woi-st,  both  of  llii^hjanders 
nnd  !/Owlanderis,  in  times  of  profound  peace, 
the  best  parts  of  the  kingdom,  purposely  to 
ruine  them,  because  too  protestant,  by  free 
quarter,  and  other  illegal  exactions,  and  the  , 
making  war  most  causelesly  and  obstinately 
against  tlie  states  of  the  United  Netherlands, 
our  best  neiirbbonrs,  and  the  strongest  bulwark 
of  the  jirotestant  interest. 

The  tbrcing  of  poor  people,  by  the  extremtt 
rigours  of  exorbitant  tinings,  imprisoiuQnrgj 
tieatiiigs,  stigmati^]ngi9,spoi tings,  banishments^ 
and  other  violences,  for  the  simple  cause  of 
nonconfonnitv,  to  take  arms  in  their  own  de- 
fence, as  at  l^entland  and  Both wel- bridge,  and 
then  demeaning  and  executing  them,  what  in 
fields,  w  hat  on  scaftolds,  as  the  most  ilcsperate 
of  t  mi  tors,  and,  at  the  same  time,  involving 
whole  countries,  upon  the  most  slender  and 
absurd  pretexts  of  inevitable  interc<»minunjngi 
and  reset,  both  in  their  crimes  and  nunishinetit». 

The  setting  up  the  most  violeni  and  oli- 
noxions  of  men  to  be  ministers  of  the  law,  and 
packing  juries  and  assi/es  mo^t  partially  tor 
their  worst  ends. 

The  straining,  stretching  and  wrf^ting  f>f 
law,  not  only  in  prtjndice  of  every  one  sus- 
pected to  bcdisatrected  to  their  evil  coursts,  but 
the  violation  of  all  right,  for  Sipoitiutf  and 
rtddiing  cities  and  incor|>o rations  of  their  an^ 
cient  and  undoubted  privileges. 

The  transporting  of  fresmen,  as  staves,  t<i 
foreign  plantations,  for  not  making  faith  to  an- 
swer (against  law)  super  inquirenJis^  as  (\hQ 
for  not  delating  men  upon  oath  (acccirding  to  a 
most  impious  law  lately  made  against  noncon- 
formists) in  matters,  wherein  the  pnrtv,  put  to 
swear,  judges  them  to  be  in  their  ifuty,  and 
without  exception  of  his  nearest  relations. 

The  arbitrary  imprisoniiigs  and  rlctainiug  of 
free  subjeets,  without  either  bringing  them  tci 
trial,  or  allowing  them  any  hearing. 

The  torturini^  of  several  persons,  even  fivo 
times  more,  ot  coniM^ienlious  nonconformists 
within  these  twenty  years,  than  of  all  sort*  of 
febms  and  malefactors  in  Scotland  these  hun- 
dred years  by  past,  and  that  without  eitlier 
Just  previous  grounds,  regarding  of  legal  tne- 
thmls,  or  observing  the  measures  of  commoa 
humanitv- 

The  eficiting  of  promises  of  indemnity,  and j 


1035]      STATE  TRIALS.  35  Ch4RUE1  IL  ]ff84.— . 

the  poblic  fiiitb  interposed,  for  that  effect  Tolan- 
tary  confessioiis  of  some,  as  of  Mr.  James 
Mitchcl,  6cc.  aud  then  nut  only  retracting  and 
disowning  the  promixe  and  condition  upon 
oath,  in  face  of  tiie  Justice- court,  but  farther, 
witnessing  the  confession  to  the  poor  man's 
condemnation,  notwithstanding  the  books  of 
council,  rontaining  the  foresaid  indemnity, 
were  produced  and  laid  open  before,  and  at  tue 
f  ery  time  of  their  swcannj? :  Like  as,  of  late, 
after  most  cruel  and  exquisite  tmlures  prac- 
tised upon  Mr.  Spcnce  and  Mr.  Carstairs,  and 
a  full  and  ample  promise  thereafter  made  tbem, 
with  an  act  upon  it,  that  neither  tbey,  nor 
their  evidence  shoukl  ever  be  made  use  of  to 
their,  or  to  any  utfater  mens  hurt,  they  never- 
thelan  cause  protluce,  and  do  sustain  Mr.  Car- 
■tairs's  deposition  against  Daily  of  Jerviswood, 
for  an  aduiioicie  or  aid  to  their  lane  and  de- 
fcotiTe  probation. 

The  making  men  offenders,  yea,  traitors  for 
words,  and  these  true,  fair  and  innocent ;  as 
the  earl  of  Argyle  for  declaring  before  the 
council  atler  leave  given,  and  with  submission, 
and  only  for  eionering  bis  own  conscience, 
that  he  nelieveil,  the  parliament  intended  no 
contradictiou  in  the  lest,  and  therefore  was 
willing  to  take  it  iu  their  sense,  viz.  for  secur- 
iag  the  Protestant  religion,  and  that  he  did  mit 
thereby  mean  to  bind  up  himself  from  endea- 
▼onring  lawfully,  in  church  and  state,  what 
religkm^and  loyalty  might  oblige  and  allow 
him  do  ;  for  which  words  nevertuelew  he  was 
tried  and  condemned,  as  a  traitor,  in  the  loss  of 
his  life,  lands  and  goo<ls,  and  stands  de  fucto 
deprived  of  bf»th  lands  and  goods,  having  only 
saved  bis  life,  in  the  extremity,  by  a  gracious 
providential  escape. 

Tbe  crucll  executing  to  the  death  of  several 
hundreds  within  these  twenty  years,  besides 
many  (lundreds  more,  that  liavc  either  fallen 
in  the  fields,  or  been  made  to  perish  in  their 
imprisonments,  or  trans|»ortations,  and  tliat  for 
the  alone  cause,  or  ou  the  occasion  of  their 
conscientious  noncoufbrmiog :  and  some  of 
tbem  (of  which  number  several  poor  women) 
for  their  bare  opinion  about  the  king's  breach 
of  trust  never  before  by  tliem  vented,  but  sim- 
ply declared  upon  examination,  and  most  part 
of^  them  dispatched  with  thut  barbarous  inhu- 
manity, as  that  Rafter  no  belter  example  than 
that  of  the  bloody  duke  of  Alva)  they  were, 
by  beating  of  drums,  hindred  to  spcalc  to  the 
people  their  last  and  dying  words ;  and  some 
of  them,  contrary  to  the  perpetual  custom  of 
Scotland,  and  all  the  forms  used  in  the  christian 
worid,  and  as  of  it  had  been  on  design  to  destroy 
both  their  souls  and  bodies,  tried,  sentencol, 
and  put  to  death  in  one  day,  yea,  the  time  and 
hour  of  their  death  industriously  concealed 
from  them,  that  they  might  be  cut  off  by  a 
more  mortal  surprise. 

The  condemnii-g  some  to  deatli,  otliers  to 
the  boring  of  their  tongues,  azid  fining  many 
in  most  exorbitant  sums,  even  to  100,000  poun«Is 
sterling,  for  calling  the  duke  of  York  a  Papist, 
QotwithstAoding  the  notoriety  of.  the  matter  to 


[M»S 

all  men,  and  bis  recusancy  fbund  and  dedani 
by  a  grand  jury,  and  expraariy  nippond  bjr  aa 
exception  in  hn  fairoma,  eoDtained  u  an  act  af 
pariiament,  and  that  now  he  goca  openly  ta 
the  Mass,  and  marches  in  solemn  procawoai 
to  the  horror  of  all  good  Protestant  auigecti. 

The  loosing  and  exempting  tbe  king'a  soss 
and  brothers  from  what  themself es  oonooftd 
to  be  the  best  fence,  and  greatest  security  ftr 
tbe  Protestant  religion. 

The  imposing  and  pressing  of  nntha,  wihotf 
law,  manifestly  oontradidory,  and  that  by  icTi 
rible  menacinga,  violent  beatings*  rignrausisi- 

Erisonings,  and  irrdigious  swearings,  ns  \m 
srbarous   than   what  was  iNrMtised  by  ihe 
Spaniards  in  christianizing  the  wild  Indiana 

The  eating  up  of  men  by  free  quartsnii  tr 
otherwise  fiuling  on  them  by  downright  ris> 
lence,  as  driving  with  drawn  awoids,  ts  en- 
strain  them  to  hear,  whom  they,  in  thdr  en- 
science,  judged  unseut  and  uncalled  cnretM^H 
the  effacing  of  all  conscience,  and  open  nn 
of  God,  and  that  pure  and  fvee  ndigioD  vbicb 
he  only  accepts. 

The  compeJiing  the  heritors  of  fhiratti»* 
sesB  themselves  and  Ihe  ft«e  suliyeclB  wtim 
their  bounda,  a  thing  ezpresly  denied  bj  hm 
to  the  king  himself,  and  only  resert ed  Is  pv- 
liaments. 

The  soming  upon,  barassinff  and  deih>)i^y 
the  best  parts  of  the  countir  by  four  cartniR^ 
dinary  circuits  upon  one  ana  tfa!e  same  a^icI 
of  Bothwel-bridge,  on  purpose,  as  it  were,  H 
justify  his  highocss's  judgment  to  bis  latesA- 
jesty,  that  it  would  not  te  well  with  Sootbsl 
until  tbe  South  of  Forth  (the  better  and  dor 
substantial  half  of  tliat  kingdom)  were  VonA 
to  a  hunting  field.  Aud  to  verify  the  bUe  cfasB> 
cellor,  the  earl  of  Aberdeen,  his  affirmatioo  it 
tlie  council-board,  that  there  was  not  a  ls)il 
subject  westward  of  tbe  castle  of  Edinboixh* 
The  industrious  stifling,  hindering  and  dod- 
ing  the  detection  of  all  Popish  Plots. 

riie  shamming  of  mocK  plots  upon  gooi 
Protestants. 

The  suborning  of  witnesses,  bounding  ool 
and  encouraging  of  assassines  to  murder  ui 
cut  the  throats  of  honest  men. 

And  generally  in  tlie  studied  and  coutsBl 
ensnaring,  or  ruining,  upon  every  sbaduw  of 
pretence,  all  esteemed  either  fited  to  tbe  Pka- 
testant  interest,  or  well  affected  to  their  coup* 
try's  liberty. 

Tliis  wicked  mystery,  we  say,  and  conspincf 
of  popery  and  tyranny,  inse|>arably  twitfH 
both  in  experience  and  reason  in  all  their  at- 
tempts up<>"  these  freox  and  mighty  natioai, 
so  unanimously  unite<i,  and  firiuly  fixed  ii 
their  contrary  profession,  rights,  and  liberliei, 
having  made  su  gi-eat  a  progress  by  the  hVtm 
aboveinentioued,  is  now  at  length  o'ldeatly 
disclosed,  revealed,  and  brouglit  to  full  laata- 
rity,  by  the  most  suspicious  (though  aitbil 
most  ingrate)  cutting  off  of  the  late  kiiy,  ■ 
having  mdeeil  very  unhappily  acted  u  ibrt 
part  of  which  the  conspirators  did  judge  hi* 
capable.     The  MC>ending  of  Jamea 


ttifet  hi 


a  ftpdstoU*,  a  ail   bii^t  Papistt 
iiw,  tiotwithstanilinfr  IiIa  hem^  ttirice 
-  omrnoM  t>r  Kn^liincl  5    ant! 
4  ill  giveu,  nor  cmn  jri^«?»  wiih- 

b>  iim4'e!Qsion,  auJ  contetnfitibie  to  all 

\>  !n?  onth  ftnd   security  lUilis- 

1   of  tum^  belivre  and   at  bis 
ncnt.      Jmii,  6*  |».  I.e.  8, 
nf  t^«o  paiibnienu  \toib  called 
in  ***:*":"  m'jI  by  Urn  own   rigilant 
IT,  (  ngfitto  bit  eti'dcietl   in 


ti  by  bin  inthntkin)^* 


'ATETRfALS,  35CHAEtESlL  \6S4^,^theE.afLmd<mnandotheri,  [1039 


hboire  aUJ,  ib€  in<'9tiimablo  blessing  of  our  pure 
religion,  to  the  elFtci  that  ibt?  ssiine  pure  rtli* 
(v^iohi  \rilh  ourjut»t  ri^ljtiiaod  libertieni,  so  r«- 
liantiy  aiscitcil  by  our  ancertore,  iimv  be  b^ 
us  faithfully  tnmsuiitted  to  our  poslcrilSev. 

We  liave  been,  und  are  obliged  ft*d  con* 
strained  by  extreme  uece^sity,  and  for  commoii 
salety  (ih©  supreme  laws)  to  take  up  just  and 
uecetBary  aruis  iu  tlie  name  and  f  '  '  -<  eat 
GkMi^atid  tbecoiilidcncc  of  \m  tw  i^f 

aoce,  fur  our  own  aud  our  counti*)  ^  1  •.nti .  trom 
the  «forcsuct  most  ^evous  and  intolerable  ty- 
rannies i&od  oppreasionti,  tbe  defence  and  re-es- 
tHblishrjientof  the  tnie  and  pure  Christian  reli« 
sjiuD,  commonly  culled  Proiestant,  in  opposition 
to  tbat  anti-Christian  Roman  religion  com- 
inooly  called  Papistical,  and  the  recovery  and 
rtsestablishnientof  all  our  Just  rig-bis,  liberties^ 
aud  privilegres,  accoixling  as  wc  stimd  indis- 
pensably obliged  thereto,  butb  before  God  aud 
DitD ;  t^ml  ilnit  againat  tbe  Mi  Jamet  dii1» 
of  York,  and  all  other  his  iLccompUces,  our 
mofil  unnatural  a'jd  wicked  enemies  aiKl  op 
prenom*  ^ 

Hflsirtngf  ia  the  first  place  to  bedeq^yiiiitn- 
bled  e«ch  of  as  before  God,  for  mtr  raantfold 
sios  aad  proToc^ktiona,  txpecially  our  false* 
bcartedoess,  ami  unsteailtustness  in,  and  revolt- 
iDgs  from  our  g'reat  aud  mattifeW  en^pijemenU* 
to  him,  that  abte  haf  e  brought  upon  us  all 
these  sad  inisebjefiii,  earnestly,  and  with  Oiot*  , 
whole  hearts  suppiicatiug;',  that  be  wDotd  ceflli»« 
fmiD  bis  ancer^  cause  bis  face  to  shine  upon  lot^ 
aud  H«ire  \m  for  his  owa  oame^K  stake* 

And  ill  the  nejtt  place  deciaiing,  lilcea*!  ww 
her ehy  e!rfvre9«}y  ileelare,  that  our  sincere  antr 
single  entift  aud  desigfos  in  thin  oar  undertnkin  j» 
are  IJrst,  the  reslonn*^  and  settling^of  the  afore- 
said true,  reformed,  Protestant  rt^ligton,  in  its 
pofpep  tad  purity  ;  ami  with  such  11  just  com- 
prehensrou  of  pore  Christian  charity,  as  may 
thrmt^^K  tbe^o^Kl  hand  of  oar  Oorf  upon  us,  be  ' 
truly  satisfy  iuj^  to  all  that  fear  hitn ,  and  lore  our 
iiord  Jeeea  ChrUt  in  sincerity,  renouncing  aud 
deoe^i^  as  well  im{>osin^ti  aj  orrofK,  m  all 
ruttrters  of  conscience,  aud  trusting'  thuf,  atlef 
the  manr  teaching  tTperieiices  we  hare  had, 
we  shall  be  for  hereafter  preserved  from  all  un- 
happy mtsundersiandiug^ ;  but  rather  through 
the  spirit  of  truth,  love,  and  pctcce,  gmclotiMr  * 
led  into  all  the  paths  thereof. 

Idly,  The  suppression  and  perpetnal  excln- 
siutief  autichriHtiffn  Pojiery,  with  all  its  idota*  ^1 
trf»ii«  sufwrstitiont*  arid   falsehoods,  as  aJ«o  iia* 
j  most  bilter  root  and  otfsprinfir.  Prelacy,  with  its* 
j  new  and  wicked  head  the  Nupreniacy,  and  all 
j  their  alJu.Hcs,  tlint  so  not  ooly  the  g-ospe!  «iid 
work  ot   O'kI  may  be  rerived   in   tbeae  lands, 
I  hot   also   all  the  churches  of  Christ  al>roatl; 
Ibereliy  refreshed  and  strengtbened. 

And'sdly,  The  restoring  of  all  men  to  theij?- 
I  just  ri^j^ita  and  liberties,  especially  the  recom> 

t tensing  of  all  sutfttera,  whether  unto  blood,  or  J 
OSS  of  lilierty  aud  gooils,   the  relief  of  such 
who  are   m  present  diMresSj  the  remof  iug"  of  ^ 
all  oppression,  and  establishing  such  righteou*  " 
laws  and  methods  of  gnvemto^t,  af  my  be^ 


I  tor  the  future,  not  only  all  luenibers 
Hient,  Imt  also  all  their  electors  should 
r  cenlradtctery  and  irreHgious  oath, 
bjCmUed  the  test,  which  no  man  own- 
^Mi^  or  earing  for  any  retiLpou,  can 
P^pife)  long  since  prepared  lor  all  his 
'  Aud  thi?  otljer  in  England  packt, 
^nd  returned  by  all  the  arts  and  me- 
i  either  fraud  or  injustice  c^uld  in- 
^nder  it  pliable  to  hia  intentions  ',  and 
1^  will  c^ol  with  all  the  fair 
ofev  ef  lawi»,  tbat  can  be 
both  the  Protestant  rehgion 
profidiug  they  will  but  give 
answers  all  things,  und  which 
luredly  frustrate  and  ranverseall  their 
eiie«  Tbe  pursuinji;  with  indefhti|*a- 
r,  ev«D  without  the  btuinds  of  the 
^  aed  m  all  foreign  parts,  alf  honest 
^jed  for  tlieir  lives,  and  that  either  hy 
flresecs  or  private  violences,  so  that 
nrrcaeandy  reduced  to  that  fatal  di- 
illter  to  Jo,  or  die.  The  entei*iuir 
i  enteHatniti^  m<>re  close  corres- 
llHajt  at  any  timebelnfe,  with  Po- 
rveaiid  states,  especially  tlie  king  of 
I  mo9t  riotonons  enemy  both  or  the 
iei»  and  liherty  of  mankind.  And 
m  thmt  may  be  alretidy  seen  in  the 
rations  he  hath  lately  made, 
erealHT  may  be  at»f>rehLnded 
'  M-k,^K  r.iiM'.in  -Uvaysbreath- 
aggot,  mur- 
;  1  andenraif^ed 

and  reigning  in  the  most  dt- 
iiKV^.   »nTjiie^tT«>ruib]v   o^ipftble, 
iidtfei. 
M-r  paU 
u«  or    utti'xiy  iucoiisiUent  with 
e«f  endn  of  government,  lender- 
th  our  common  cala- 
riidw  10  he  its  protector, 
I    '  ^  I'ify   im- 

11*  of  all 
^iiiMii;ti  iMv  I  (HITS  have 
ind  cut  asunder;    aod 
•iM  :dl  diHtniirted   snb- 
I'l  V  0%'ei'w  helmet  I  by, 
hen  alter  fesir  to  be  in- 
i,  tbat  unflouhtrd  right 
Cod  II 111!  tutliire,  with 
ir  '  iiMotn  of  all 

f  titig,  defend- 

r  li¥es  iuid  iil^rtiea,  and 


^'^T^fff^-"- 


las 


» •ii4  ooaoar 
•pprmicd  bretfareo  and  fnendt,  fa  EngUndittd 
iNlaod,  who,  ftom  the  like  reasons  sad  mo- 
tivesy  shall  be  induced  and  stirred  up  to  the 
JQce  undertakiofjf,  for  the  same  or  the  like  ends. 
Wherefbre,  we  most  seriouslj^  and  humbly 
beseech  and  obtest,  in  the  bowels  of  our  Lord 
Jesus  Christ,  all  that  lo?e  his  truth,  and  this 
our  rigliteous  cause,  none  excepted,  though 
either  formerly  little  concerned  for,  and  Avour  • 
able  to  us  and  these  inteiests,  or  even  still  in 
actual  opposition  against  us  and  them,  (their 
sincere  repentance  being  at  all  times  to  God 
most  acceptable,  and  not  to  be  better  witpeased 
before  men,  than  by  a  contrary  and  yigorons 
amendment)  to  come  and  jo^n  w  ith  us  for  God's 
glory  and  j^rospel,  our  country,  lives,  rights, 
and  liberties,  and  our  posterities,  and  all  our 
bone,  against  an  apostate  papist,  an  nsurpiag 
and  persecuting  tyrant,  by  the  most  sacred  ar- 
ticle of  his  religion,  our  mortal  enemy  under 
the  pain  of  his  own  damnation,  and  by  the  fun- 
damental and  express  Jaws  of  the  land,  Jam.  6, 
p.  1,  c.  9,  and  p.  20,  c.  5,  incapable  of  the 
meanest  office  within  the  kingdom,  and  in  ef- 
fect a  declared  enemy  and  rebel,  Jam.  a,  par. 
8,  c.  47,  and  who  e%eii  by  the  act  lately  nuule 
by  himself  for  pa? ing  the  way  to  his  succession. 
Char.  2,  pari.  3,  chap.  2,  can  have  no  shadow 
of  pretence  lo  the  benefit  thereof,  unless  he 
first  inHruet  himself  both  ta  be  the  lawful,  and 
the  immediate  and  nearest  heir  of  the  crown, 
whioh  without  satisfying  tbo  old  law,  Jam.  G, 
pitfl.  1,  chap,  8,  ai  th«  aaiae  ijoft  ratified. 


brBOoand  maitaio  t^e  tniw. wfcwMTfwIw^ 
tnt  relknoB,  he  eao  asmr  MHftIf  1ml  wMi. 
tbeo £SBcdy  miaaqploa MiMMl  ly lb 
principal  ftaneit  of  UMinMI»  «M  iV^  ^ 

tbaliArd,  wba  fritt.iMtgiy«hi»gmy  t»«- 
olber,  hath  tacuwriy  get  hinwidf  >yiaaBiw> 
"  mt  nataosa,  wImm  mm  mm 


ooIt  hifa  andtdl,  and 
enmirai  or  choir  hando-  bo 


Lonlof  Hoolo,  «bolooai 


tho  oocth,  ohaU  ariMi  aMt  dMl  ftf^ 
this  our  most  oornoil  ooD  01 
fidemljbopoiholl  bote 
konod  hdIow  oad  boortily 
plied  with,  tbofcbtboMOfcra 
mgofQod,it ^' 


ii 


KM]       STATE TMALS,  3irCKAii» IL46ifc^*ffrmiiM|gi  %bM/:  '{M0 

If  01  hborty  ond  ^pnjptstj^  wsui 
OBd  oqoalitj. 
thiogo  as  wo  porpooo  and  hope  to  ae- 
j  00^  throoffb  jtbo  preaonoe  of  oar 
fwitb  OS,  and  his  bleasiBg  opoo  ua^  so^wo 
orOfBOilwillHigaod  tooolved.  thot  ther  ba  oil 
^Bitled.OBdporiMed  by  a  fkoo,  full,  jooC,  ond 
oorsioigD  BepresentatiTo  of  all  tho  praoent  oil- 
^ortakon,  ond  ouch  OB  shall  beraaftflr  sfaieeroly 
r  ond  toke  port  with  us ;  and  that  in  aMA 
4  ways,  aa  God  by  bio  good  provi* 
I  onlir  OMMtboppily  direot  ond  oooduot 
,  doeteringaDdproloitingfiivther,thot 
oiM  soiidi  bave  beon,  and  are  the  monifost  pier- 
4dT,  trsoobory,  ond  ftbobood  of  our  odvor- 
oanoii  not  00&  in  their  treoties  and  oovomuiIb, 
Imt  iJoo  ifk  tbair  pardooa,  indooiDilieB,  ond  m- 
dalgoiuMO,  00  thai  tfaeyloafo  nogroondor 
tolorobioovBfoneoof  foidb  ond  tro^  tobogifon 
Op  thov,  wo  will  never  enter  mto  mxy  lenii»of 
^  gopitubition,  treaties,  or  oonditions  with  dioni, 
lOpto  the  great  endo  of  this  undertaking;  but 
oa  the  controry,  proooento  tbo  oamo  wUb  oil 
ffcoli^,  cQiiBtancy,  and  vigonr,  without  any  ao- 
fflialMD,  diviaion,  or  bocfcdrawing,  nntil  thoy 
Vp^vftotfy  ond  finaOy  obtained.  Uponwhiob 
frMado,  and  for  which  endo  obovemontioiiod^ 
mm  not  only  hereby  oiost  anioenly  ond  fimily 
pojijoland  docfaura,  aa  m  the  preoonoo  of  God, 
cwaatintly  ond  porpJetoally  to  odboro,  jto 
ond.noiotoin  one  anotb 
ogaoHl  an  deadly;  botdo 
MirtayroBolToaMl  oiigogooiinolvoa,to 
rwiftou^ 


OS  ivudifi  proopontyt-oM  ^^^lI^ 


tbooo  king 

graoodnoliooorbiittfao  i 
tocCioa  oftfuonligkM  ondliboo^  i 
(Britaa'o  eertam  and  gnot  ialonri^  tCkli 


tbo 
CboiiinontboooitC 


liot  00  tbonfevo  be  of  good  cminijii^  wljl^y 
tbo  aso»  file  our  poojlob  ond  fiwr  tbo  BowiOKm 
God;  ooil dio  Lotd  do  tbot whirih  HMfibbb 
good* 


Amtu^  DacuuuTioN  Tom  yssasu. 

I  shaU  not  mention  my  Caoo  pnUiriMlal 
printed  in  Latm  and  Dutch,  and  more  Iscfdf 
m  Eng^Iish,  nor  need  I  repete  the  printed  De^ 
deration,  emitted  by  several  noUemen,  gooit* 
men,  and  others  of  both natioiis  now  insnai; 
but  because  the  suffering  of  me  and  my  toilf 
are  therein  mentioned,  1  have  thought  it  fit  w 
me  to  declare  for  my  self,  that  as  I  go  lo  am^ 
with  those  who  have  appointed  me  to  ooodaBl 
them,  for  no  private  nor  personal  end,-  aad  sal^ 
for  these  contained  in  the  said  Dmlsisili 
whksh  I  have  concerted  with  tbem,  ant  ip^ 
proven  of;  so  I  do  claim  no  interest,  botww 


all  personal  injuries  agamst  my  person  or  §» 
mily,  to  all  that  shall  not  oppose,  but  joyo  mi 
concur  with  us  in  our  present  undertanagtfil 
the  ends  mentioned  in  the  said  Dodaniiidl 
aad  hereby  I  oblige  me  never  to  pnrrae  '*  ^ 

Andlfi 


in  judgment  or  out  ot  juilgrocnt. 
declare,  that  obtaining  the  quiet  and : 
possession  of  what  belonged  to  my  £ 
myself,  before  the  pretended  fbrfatare,  I  iW 
satisfy  all  debts  due  by  my  father  aad  mMlf 
as  far  as  any  heir  or  debitor  can  boohfigeL 

And  as  my  faithfulness  to  bio  fato  ■^i'*' 
and  his  government,  has  snffidendv  apfSi 
to  all  nnbiassed^rsims,  voidofiiiMM^ool 
with  grief  acknowledge  my  Ikmm  loOji 


U]  STATE TI11ALS,3C Charles  11.  iGU.^ae  Kof  Loudirnnandolhirs,  [1019 


nplyiog- with^  «ntJ  connirinsr  al  the  raclhods 
en  taken  to  briti;^  us  to  tbc  said  coudiiion 
\i^^^^  10,  thftnirh^  God  kuous,  never  culi- 
J  lo  the  d**si|fn. 
Jiaire  now  vrixU  Cod-sBtronjjlK  suftered  jm- 
pnlly  mv   imjust  ticntence  and  barnshment, 
shears  uml  un  lialf,  and  never  otTfied  to 


idaWtici",  by  the  lllh  »ct  of  psirliameDt  16G9f 
can  only  be  June  in  the  case  oi'acUml  vW\n^  ni 
tiru)s^  or  eke  to  df  nmince  llicui  tu^^itivcs,  the 
privy  coinicil,  n|u>ii  a  bill  g\%'i*n  in  to  tlieui,  in 
their  bcbalK*  rccommtnd^^U  to  llie  jusljceij  la 
continue  tlie  diet  rcth'im^i  (Lim  liirsomc  com 
peteut  space.      Aa  ^q  tlu*  9th  AprU^ 

QuyupfQQror  ilctencc  by   arms,  to  d is- |  the    cimncil's     recfs  on     bettig^     lead 

tlie  pence  upon  my  private  concern  ;  Intt  ;  in  thfl  crimiRnl  court,  the  justices  continui^ 
being  now  dead,  and  I  bed  nkeot  York  j  the  diet   agtiinyt  Ijoodou   and  Meliii  till  tb« 

2d  Monday  ot  Norenobf^r  iui.\t ;  and  ordained 
tbeni  to  find  caution  for  thrir  apjK^arance  tlm 
first  Tuesday  after  l^IiehfirlmaJis,  othci'wise  to 
be  declared  and  denounced  ttjptiveft.  But  fh« 
justice  t^^neraJ  and  king's  adxocatet^aTc  three 
ffeueral   Rdvtirti&emeut&,  1*    That  they  Moidd 


f^itig  taken  olF  his  tniLsk,  and  bsi\in^  aban- 
ped  and  imadetl  our  religion  and  bbrrties, 
liolving-  to  enter  into  tlie  cf'J^erjunent,atid  ex- 
tise  it  contrary  to  law,  )  think  it  not  oidy 
',  but  my  dMly*  to  God  and  my  cot*utiy»  to 
my  ulmo«t  endeavours  to  oppose  and   re- 


h is  usurpation  and  tyranny  ;  iind  there-     hereafter  admit  of  no  crrtiAcaies  anentanab* 


^  ^beiDg'  assisted  and  furnislied  very  nubiy  by 
^eml  jjofxi  Protestants,  and  inviied,  auci  ac- 
'  apanied  by  several s  of  both  ualiMis,  to  leAd 
*  resolve,'  as  God  shall  enable  me,  to  use 
iistance  of  all  kiud,  toward  ibe  ends  eac- 
lifi  tile  said  Declaration,  I  do  hereby  ear- 
ly invite  and  obtest  all  honetrt  Protectants, 
I  particularly  all  my  friends  and  hbjotl  rela- 
B9,  to  concur  with  us  in  the  said  undertuking. 
And  a*  1  have  wriUen  fseveral  letters,  so 
iring  no  way  fully  to  intimate  my  mind  to 
lers,  I  do  hereby  rerinire  all  my  vassals 
ery  whenf,  and  All  wit  bin  my  several  juris- 
'lluns,  with  the  ietieilile  men  within  their 
to  ^o  to  arms,  and  to  joyn  and 
[with  us,  according  to  ifie  said  Decla- 
as  they  will  be  ans^verable  at  their 
t  perils,  liud  to  obey  the  particular  ordei's 
"I  receive  from  lue  from  lime  to  tiuie. 


Jhllnwlng  PasMaga   from   Fountainhall*» 
Xkciihns  relate  to  these  Froceedtngt : 

April  8,  1684,    Tbis  was  the  diet  to  which 

earl  of  L^iudoti,  the  lord   Meltil,   ^ir  John 

ibrane  and  his  son,  were  cited,  on  tio  days, 

use  abroad.     Melvira   crime   lik'lled  was 

«  to  the  rebellion  at  BotUw;!-  bridge, 

fiarlying'  and  keepiiij 


tin  If,   fiarlying'  and  keepui^  eorre«if>oii> 
^itli  the  reWls  there ;  but  the  mcust  they 
GOiibi  prove,  was  hia  ierjdin^  a  nies!»«gv  to  Mr. 
*^hn   ^V^ehtl   and  the  other  ministers,   buUliuQr    tia!  treai^on,  by  ituffcriui^  rebek  to  escapo  un 


sent  parurer>4  sicknei$s,  whether  they  were 
abroad  or  uiibin  the  cnuiUry  ^  thougfh  they  wcr« 
upon  sold  and  conscience  of  the  aitesient,  tin- 
^ess  they  were  also  under  the  hand  and  bm.wl 
seal  of  the  magistrates  or  burno-maKters  of  the 
place  ivhere  they  stayeil,  bearing  tliat  the  phy- 
sicians had  compeared  before  them,  and  had 
deponed  anent  it  ;  and  that  by  the  old  adjournal 
books  it  appeared,  no  other  lef  titicates  useil  to 
be  admitted  as  excusatious  and  esf^oiirnies  in 
crinunal  cases,  but  \^  here  the  miuister,  elders 
physician  and  witnesses  compeared  inthecoui-t 
and  deponed  thei'cupon :  and  th(»righ  iu  iij# 
circuit  court,  thev  siiiuclimes  admUted  such 
certificates  i  it  was  only  because  oj*  the  great 
multipheity  of  business  that  foreed  theiu  Xo 
continue  causes  there  ;  but  they  w  oidd  not  do 
so  bereat\er.  \etHee  act  79.  \ut\.  158?. 
against  continuiug  justice  courts.  The  tjj 
caveat  was  to  assizers,  that,  thoo[;h  by  net 
91.  1587,  tliey  might  modestly  inform  them*  . 
selves  of  any  doubts,  yet  tbey  behoved  not  iu«j 
liolently  to  direct  Ibe  jiistices  ;  this  was  levellei 
againa  some  of  (Jesnock's  assizeini ;  and  trnH 
be  rati  mated  and  r<»quircd  the  clerks  of  c^mr' 
and  maceru,  to  be  ready  to  ailvert  to  any  di^ 
turbance  sboubl  happen  in  the  court,  that  thej 
may  be  able  to  bt^r  witness  tijr  tlte  king 
wlien  adduced.  And  as  to  assizers  who  ab 
NcnteH  themselves,  he  declared  it  would  not  I 
their  fmeof  1(X)  merktt  that  would  bring  the 
off;  See  act  76.  ISHT,  ami  act  lo6.  159a| 
but  that  he  could   puriiue  them  liir  coiisei|ueui| 


Qi   lay    doun  their  arms,  and   come  in  the 
f&  mercy  ;  now  even  such  comnumi cation 
bwis  notsafe^   without  a  warrant  from  the 
or   bis  counsel,  or  the  general,  to  doit. 
lie  say  he  bad   the  duke  of  Monmnyth's  li- 
ce and  commission  for  it,     Tcstiiitates  «  ere 
luced   from   Urelincniu-l  and  other  ph\ si- 
ps in  Holland,  that  MeU  il  and  Loudoti  were 
KsposieJ  ;    besides  Luudon   dunii  not  come 
tie  for  captions  and  debts,      .A!ledged,  the 
itjiicateii  are  not   probuiive,   uot   being  al^o 
from   the  magistrates  of  the  place  vi  he ^e  they 
^^^,    nor  the  *^raiiters  examined   upfin   oatii 
^Kta  tJie  truth  of  the   eveuse.     The  justice 
P^ftvt  being  to  proceed  acconhng  to  their  form 
cither  to  lead  piv>batiou  against  theju,  (which 


punished  by  their    uot  attendance^  w  liieh  wa 

a  tacit  tavouritig  of  rebels.     The   ihitd  reproo 

J  was  to  the  advocates  who  pie  d  tor  pauuelsg 

I  (this  also  looked  asquint  to  Cesnock^s  lawyersj| 

I  not  to  adventure  to  justify  crimes,  or  to  palliat 

rebellion  ;  for  the  preparative  was  bad  ;  i^eein^ 

these  restless  mutineers  would  poison  uur  iiosJ 

tcrtty,  by  printing  what  made  for  them  vu  tlie« 

deba'tes.*'* 

**  April  9,  ia&4.  The  kiog-*^  advocate  cott- 
tinued  the  ditt  against  Weir  of  Newtun,  ac-»^ 
<Mis4i4;<of  treason,  ior  sondiog  a  m&u  i«  itli  hots 
and  arms  to  liothwell  britlge,  to  the  secoui 
Tuesday  of  July  next:  hh  ulsoTigaiuiiit  sir  Jt)bi 
Coctiraue  oi  OcbdliYe  ;  but  m  the  mean  linii 
ordained  hiiti  to  bo  deiiouticf^  loruMt  l^uduii 


\ 


N 


lOiT]   STATE  TRIALS,  SfJCHAtLKS  II. 


utitl^  irnrram!   Ami 


liorrid,   an: 
treA^Q  antl  i 

.  »aiils  cryrne.^,  or  ,. 

oc  \%bo  dolh  abait,  a^t^iat,  itLtrj*^  iiarU»uuiii- 

lercoiiimoii  or  kef*p  *t»n>'5T>on'!f  n<'e  wiib  such 

reb^Hfi,  or  ri  m  lu  an^/ 

m:itincr  of  \  ►.•  procb- 

rir  iih  or  aa- 

5  -:  hnviiig' 

I  riie 

I"-  .  .->..-...*:;  acts 
<^  -,  aHlhesub- 
j^'  ,»plie  or  rnTr  r- 
nunir  .  of  wny\ 

inent  oi  kinj^  Jaicjcs  the  tint,  it  is  sUlutt:  und 
tmhmptf,  That   rao    ntnn  n^f^niif*  nor  tif.tniTrti? 

tilt  t\ii  ai.  i  !»i  t!ie  lJij»t  ^es-i^ua  i*i  Lis  > 
fil'st  ptuIJAiiie  il^  it  is  tiedared  thai  ji 
ttlisiU  he  hij^h  Irea^ou  to  il 

njiun  uu>   ttruund  m*  preteM  v.  1  ,   m 

rijse  or  c<«iitirnie  iu  armes,  to   n  or 

M-arw,  or  to  umke  aiiy  treaties  01  it:,i:^.if^  ♦>itti 
ITjrcig^ne  iirinces  or-  csitaio!*  or  Mfnonj^t  them* 
iKlvfsi  uiili  >!it  h]^  iM-i'-i'^  '-^''^ '  "  r«titborilie 
ami  0  [.i^     And 

all  his  \;  ^c(i  to  at- 

U-njpt  ajiy  1*4'  liics  thtntj*  uiider  iIjc  i>aine  of 
trc^sotu  I-jk'js  Ik^  the  thretliL'  H'venlh  net  of 
libTf  Jhfv.'.:s  i!;i!  Hi-*!,  hit*  hecond  parliamonl, 

II  is  slutytc  and  oniaiued  that  no  mwa  « ilfullie 
fceepc,  maiatatne  or  doe  fuvour  to  oiipine  and 
manifif^l  rebcrlU,  ajjfainst  tl»e  kttjjf'J  majesty 
and  e^Hniiutn  lawe,  und^r  the*  iiaiae  of  forfaul- 
farc;  aad  btt  the  tnenty  futirtn  art  of  the  &\xt 
|>arliain«fit  of  ltii»j^  Janieic  second,  intituled 
Anent  aererall  peynis  of  treason.  It  h  statute, 
and  ontainwl,  that  if  any  mnu  comniit  urdoe 
treason  itgaiust  tie  kinj^^s  pei^on  or  his  afta- 
je^iiie  or  rises  in  fear  of  wrn^  ■ -^n^t  liim,  or 
reccjftt  any  4h'4t  bus  eomni  i  or  sup- 
|*ri«!S  them,  tht-y  shall  be  j  .  ui  iraitorii. 
Aod  h*;  the  hnndrnth  and  fbmtie  lourtb  act  of 
ytn,^  Jamc'M  tht'  «ixt,  his  tw«^li  parlittmcnt,  it  i« 
atnlute  and  ortlained,  that  wlirrever  any  de 
ctarL'i!  tv  litor  n  ^tlie*,  lii  anv  nart  of  ihiii  rpnfm 


mider  the  (laini^^  that  the  aaida  rehdlt  mdt 

torsc'.v  '. ■-'  '-  -'  ^*""-  -"-—  -hw 

and  '"< 


tcinlii  aci.  i>i  M 
theswonti,  It  i> 
cept  such  aa  : 
cr\*mi?s  be  not 

dtil.u      ' 

nisti^ 

nynu^:  s  ^ 
ot  kJngf  Ju 

others  aii^    .m...*.,,  .  -  - 
I  bend  all  rHjclls  who  are 


at  I 


•i] 


,i!    11:-: 


nitbiu  thcTS-  hiitiscs  b«j  >riiis  laiida  or  b?Lrl«»nn, 
trndcr    tl:»   pnm   rf  dt'aih«   aud    nrnti^rtotef 
An  la  iIk* 
It  at  iwirtT  kn 
.<  il  1%,  ot 
•,  ot  UiicT 
,  rryptTi  and  I 

f   illul    laf«l'9,  Si 

L'iM5i:  .'fy  ufiJie 

sua  1  I     167  9,   N' 

»nd  ill  ■H<>\    u    I  I  ....  ..J- 

si'rnbktl  ihfin^ 


none  of  iua  ' 
Tccqd,  feupj 
pvc  thfifi  lioy  I 
luediatrty  iipoQ  1 
all  bin  \u^\v 
dilip^ncc;  tn 
Irattorii,  and 


ie<,  11}  any  part  of  ibis  realm* 


ibjtK^ts  hUtiU  pvesimie  ttf 

reommon  v^iUi  them,  or 

^    inflnt,  and  that  im- 

lug*  in  the  bounds 

14  doe  thmr  exact 

lie  aatds  rebcUs  and 

^,  i  ".t  b[»eed  they  certilie 

hw  tnajeKie,  or  soroe  of  his  srcret  councill,  or 

aoine  (lenrmis  of  aniburity  or  cictHt,  within  the 

f  byre,  iUu  uucb  rebella  are  ^itbiu  the  latae. 


and  viUtMh  iiVLirtlicn 

je«lie*a  K  1  :nid     r 

iiQrs«»a  [*p».  h«nj»»;r>»j  uiiil  li  \kt 

tsomMdei ice  {oi>^\tmv  Mill  u  ^  tpi- 

j<^stiea    toiY»«  ut    Uatij%»r'iijnd^i\ 

w  rr  del'ide  by  tbcin  in  Uie  ni«m<'tli 

Kftid   yi*ar   \\jf9  ;  and  tituot^h   itii 

rortertStld,  of  lltiehUl,  u:i>*  not  jm 

»cff  With  Ibt*  fi.itds  nbrlb,  3el  ^ 

turnti»b   or  !(ii|iphe   ti**'m    m*i; 

(^-»nk,   ami  vxUw  pr«>v4sit' 

sutJe<vd  sr^fVciTitt  of  iiiu 

weiv 

Juh. 


ibipui,  ur  eitUrr  ot  ihcipi  in  hm  tiotuc  or 

*  Iloitnilrd  m»tt  «.  <-  ' 
orders  irovfnimM»t  nnd  f»v 

17 n- 8,  V 
4rcuBe<r  • 

*  homing    <'u 

♦  thieves  and  H' 

chap,    7,  Voi.    L  ,     >  n,    TV  <  )ir 

case  of  Nainvt  i ,  a*  u.  ITG^,  J 

a  Nott^  respe^in,^  ,,.^  ^^uubtiou  of 
neous  ehargoa  in  oiut  diitay* 


SCCniKUisn.  l6st,— for  Treanm. 


LI050 


tmitor  in  liit  owd  house  aatt  m  the  house  pos- 
sessed be  hiin^  and  aiillt,  assisted .  and  supplied 
him  with  meaty  (]ri»k^  money,  or  did  other 
t'ariiurs  to  him  since  hia  bem^  forfbult  and 
itedftrcd  traitor ;  and  lie  uo  tar  owued  and 
couuti^^niinced  htni,  muntaiD^d,  intercommoDed 
uDrl  t^i]Tt'rg43d  with  him,  tUtit  WilKam  Porter- 
tieid^ihe  said  John,  hie  eldest  sone,  having 
djed  m  the  mooeLh  of  1680,  1681,  1682, 


m  part 

'  Ltrours 
ih  of  his 

iicc  ill  ilie 

Eld  mat»- 

t(Td   and 

iraitor, 

att(  nd 

«  h«iiag 

lineal  ed 

rebellion, 

Ufil  acts 


them  to  be  such)  the  puhlic  nrvtorietj  bein^ 
pniven  by  witnesses;  that  audi   hurhriuring-, 
rtisvtliiLg-,  aod  conTersing^  &c.  Bas  treason, 
and  tliis guilt  puuisliftbte  huIj  the  pain  of  trea- 
son ;  b«>cause  tliel4thi  I5ib,  and  25th  acts  of 
jmrlininent  1449,  and  97th  act  1640,  e.X]irr<!sty 
deeltreit  such  hable  ds  traitnrs,  and  n>quirtii  no 
>  more  but  that  tliey  be  hold  en  and  repute  £uebp 
TWm  was  determitied  against    lu!  npiniDU  of 
Pjtmedden  and  Hurcous,  two  of  thejusUcfv^ 
nith  an  eye  to  make  a  {jreparative  in  tUir  poor 
men 'a  ease,  to  reach  lilackwooJ,   and  many 
others*     For  by  tbit  strange  Inivrlni^ntor  may 
he  endang^reu  many  innocent  people,  espe- 
cially almott  all  the  wesHTU  siiire.<«,    whtre 
such  promiseiious  eon  verse  iias  been  1i*equent, 
and  iii'aL'  meiiiable  |  aod  il  can  be  only  just, 
to  make  this  so  odious  a  crime,  where  1  wit- 
iiji^ly  and  ttilliiv^ly,  ivilhoul  n*mpnkion,  ron- 
itFuv  with  one  I  kiiTivv  III  be  a  iel»e],  vlinher 
lie  be  declared  to  hv  n  rebel  or  not,  or  at  least, 
that  he  is  notiimly  kno^ui  to  be  a  rclK>l  in  that 
pari  ul"  the  comiiry  inhere   I  sUiy  ;  ft»r  they 
con-  :  may  lie  notour  in  me  pari,  and  yet  not  in  that 
lai«ei  J  I  plac*<?  where  1  duel!     And  thcntbr^,  lo  miii- 
av(m~eil  i  ffate  it,  the  judg-fsdeHai-etl,  tbey  meant  not  by 
lUt  king^-  I  resf^ttiiig-anacentemidrencunntrr  in  an  inn,  or 
_biBtthbro-  I  on  ibe  high-road,  bui  a   dclilieratc  eoneealinof 
Imlitiire  led  i  tliem  from  iht!  law,  or  as&istin!^  tiud  maintain^- 
i)  beiniT  ia-  '  ing  tbem  with  meat  drink  and  liarbourini^'  and 
|0lf  and  beini|  |  kife|»iujY^  tbem  at  domestics  i>t  servantb^  with- 

,  and  }<iuud  :  fn',  ^1  th^/'irh  act  of  parliament  1681,  reijnire 

- -*'^ [for  pii|iin|ir  me  in  thuitt  Jiiit^ ,    ilmt    the  verj- 

'  niiurnhloMnj!vt  raiiaiic  luuiii^i  livinir  upon  my 

l(ro«ind,  hhull  bif  inlitnalHl  t<i  me,  for  turning^ 

tbi^iii  uMuy,  ii^ru    mutiif  /w*/^«.<  will  law  and 

I  reasiin  require  my  knu^vled^r,.  of  those  who  live 

rlscwhiir-*,  Of  sM:iilk  iind  lurk  a  short  while  in 

'  tiiy  land,  Vu  be  rr,Ms,  ere   1  can  \>ii  oitiehidrd 

Wmen  Vii'vwtn  tfi  I  ^^iiiUy  oi  treitsuualJt'   it'sett  of  them.     And  it 

iif  DuHiall.  imd  all    Ji'Siv'bt  alled>^«<lj  that  the  foresaid  ir>th  H<-t 

1  t'HJ,  ill*  loo  H-vcas  k  in  di'Mietude  ;  soo  I4j;r, 

H'ltm,  and  1ii92,  aui  M4.  Vidi-  Hlackuooii** 

cfisip,  :ilTil  Junn^ry  16CSX    [Sie  \ol.  0.  p.  lnjj.j 

**  Jiiiiifiirv    4,  108:L     At    Privy   C'ouuril,— 

'Iliifmiol   heiTTin   in   (JaUo^ay  htivtn-r  res«  t 

l68€.      At  the  t^'riniiuHl    hisiwos*ms  wbn  ueru  in  tlh*  late  n-beiiioa  ai 

case  ofCnirris,   ts^r-  {  J>'4liwtfl  bridtre,  be  iniini^  iii  Uu;  rouneil's  wiU   . 
-  tlie  rtf^i^niwr  ifV  tnii-  ;  iticl  knl(*•^  niiTry  ;  iiud  ih^y   io  riusird  ol"  the 
lit  be  hi  J  own  son,  fbut  i  miiriiLNN  til  rdai'irm,  vnijtrto  his  nia|t>ty  a  re- 
I^Ctend  tr>u»aua!Mi  wilb    <:oniitiL'ud!ilifUj  tbsit  he  m];|lit  trrani  him  a  re- 
ft^  one  auulbcr,    Ujfni;^h     tJii!»vSiiJU  r  (>lbc:r«ise    thoy  crtuld    not  but    hove 
r  dt*c  J  a  n^l  fiirtcit  traitors,  I  rennilcd  htm  l»i  ibr  rnniiiial  ('ourt :  t|i<.u;rh 
or  intercom muiictl,  or    liis  cust  be  jmist  tavdurahle,  aud  e.MrepU-d  tit. 
[^QOtnriou^  known  rtbeisj     TK  de   receptator.  latrnn/*     1   Fonntaiidiall't 
iproTCiii  that  you  knew  j  DmasmnH  aoo,ttv5, 
I 


loi'tri'a^trin, 
ore  was  T'rO' 
I  doom  and  ^n- 
iha  elc^i?uih 

tiament,  not- 
hiM  name  i^  vk- 
iilid  ih^  said  hir* 


PJohti  I'urif^rli'kl  of 
reerpl  iutrrroin* 
I  the  jumti  WiwnntlpT 
^  n  fmranUand  ilL'ilar«^d 


»19h    lllO     IUUJOV1C9     llCViCUaill    V%      UllICIB  iiaviii^ 

rower  or  aiiih.'irity  for  re|iressiijj>  the  saids  re- 
uells  ousfht  to  lie  proceedetl  ay.MDyt  antl  severlie 
punishrd  as  traitors.  Lykeas  by  sererall  acts 
of  parliament,  and  prot-iarnatioiis,  all  tJie  sub- 
jects arc*  discharged,  to  recejit  S!?pplie  or  iiilcr- 
ci»mm(in  witli  rrb-IIs,  any  iiiannei'  of  way,  and 
partienlarlie  be  tiic  thinf  act  of  the  first  parlia- 
ment of  kingf  James  the  tirst,  it  is  statute  and 
onluiiied,  that  no  man  opcnlie  nor  noldurlie 
rphcll  aijainst  ihe  kingr's  person  under  the  pnine 
of  Ibrfaulture  of  lyfie,  land,  and  pfoods.  And  by 
the  f\  ft  act  of  the  first  session  of  his  majesties 
6rst  parliamc  )t,  it  is  declared  tha't  it  is,  and 
ithaH  be  hi^b  trea;ii>n  to  tlie  subjects  of  this 
Jiiiigdom'%  or  any  nuuiber  of  them  more  or  less 
iipon  auy  tjraund  or  pretext  whatsoiaever,  to 
rise  or  continue  in  armej>,  to  make  peace  or 
\f  arne,  or  to  make  any  treaties  or  Icajjues  with 
flbrei<rnc  princes  or  estati>s  or  amongst  them- 
^dves  wiihoiit  his  majesties  speriall  authoritie 
and  aj)pro!ia:inn  first  inttM-poned  thereto.  And 
all  his  nuijoslies  subjects  are  discharc<;ed  to  at- 
tcnipi  any  of  thes  thinirs  under  the  paine  of 
treason.  *  J. yk::s  bo  the  threttie  seventh  act  of 
kinTf  tFar.ics  tlie  rii-st,  his  hecon<l  parliament, 
It  is  statute  and  ordained  that  no  man  wilfullie 
rccepty  roaintaine  or  doe  favour  to  oppine  and 
manifest  rcUlis,  aj^ainst  the  king*8  majesty 
and  common  lawe,  under  the  jtaine  of  forfaul- 
turc ;  and  be  the  twenty  fourth  act  of  the  sixt 
parliament  of  king  James  second,  intituled 
Anent  severall  poynts  of  treason,  It  is  statute, 
and  ordained,  that  if  any  man  commit  or  doe 
treason  Bgrainst  the  kini^'s  person  or  bis  na« 
jestic  or  rises  in  fear  of  wear  against  liim,  or 
recepts  any  tlrat  has  comniittei!  treason  or  sup- 
plies them,  th^'v  shall  be  punished  as  traitors. 


nyntie  sevenii  act  of  the  sevcati 

I  ot  king  Janu'sth'j  fylt,  al!  sneritls, 

I  others  arc  ()rdaine<i  to  d^ic  dili^en 

I  bend  all  rebells  who  arc  at  the  li 

i  liitai  crysTies,  and  that  n.o  mm   ^ 

!  wittin^llt?  rrcepi  supt  lie  n»a;!trLin  d 

I  favours  to  ::ny  rcbcMs,  tK-iiig  at  the 

!  within  theii-  m<i;ses  i>'>.i(ris  lands  ui 

j  under    tla;   j'.uin   (.f  dc.uii,  and 

;  of  their    i;u»vtM:  i.*s.      As   in  the 

and  acis  or  jiiii-iii-r-f rl  at  more  lei 

tained  ;    'SrviMiii.l-^s  i;  is  of  M'vi 

said  Jolin  TortL  rni*id,  oi  l>iich.lt,  : 

all  fear  ol  (.i«^!,  rcspLCt  and  re«^ar 

jostles  autiioriiie  and   lawcs,  bus   | 

commilt,  an:l  :s  cuiiiy  of  the  said 

sua  fjir  as  in  tiU*  y«'ar   1610,  se\eri 

and  disloynll  perM>ns  baviitr  roii\ 

sembled  tht^inselves   ioj;«ihc'r  iu 

wcsterne    hhyn?s  of  this    kin^du 

themsi'licsiii  aneai'iny,  n'iidi\o'.z 

I  cised-tbeniN<>Ues,  roMV.tiiitiu*^  iiif 

!  and  xilb.nics,  kil:iu.r  ar.i)  u.uriberi 

Ijestie's  K\ihjei.is,  litlleiDLj  dud    n 

j  horses  [«pi.  hous.">*i  and  i:o«ds,   a 

I  confideiiee  touppo^^and  fi:rht  ai;a 

jesties   forcrs  ut   l5oihwelnrid-e, 

wer  delate  by  thoni  in  (hf  monetb 

».aid  year   I'oTO  ;  and  ttiouifh   tb« 

PorteriieM,  of  U-ichill,  ..asn.il  |i 

self  with  thi?  s.iids  rtbells,  >el  be  d 

furnish  or  suppiie  them   with  ai 

4rink,  anti  oiIht  pr«nisiuMs,  hoiiu 

sutteitfd  sfiverail  of  his  (ciu-nU  to 

the  said  rel)eIliot»,  anil  elttr  the  ^i 

were  dvil^.c,  th»y   returning  bauK 

John  Porirrnc-ld,  olljuclwll,  • 


591 


STATE  TRIALS,  36  Chablm  II.  iSSi,—Jw  Trrat«u. 


[1054 


%e  Lords  for  seTerall  cfiuses  moving  them, 
tinucd  the  snid  crimlnat  aclioD,  and  caURe 
the  twentie  second    of  October,  and  the 


to  find  diutian  in  matitier  foresaid,  you 
I  send  them  in  prisoners  to  onr  privy  couti- 
lor  their  committee  at  Edinburs^li. 

You  fihaU  diiig-^ntly  searcli  for  the  he* 

incitorfi,  promoters,  or  concurreri  to  the 

rebellions,  the  intercoinmuoers  with  siich» 

setters  of  thera,  and  others^  not  heritors, 

^  of  the  said  crimes,  since  July  1,  1683- 

'**  Yon  shall  siaiji  and  secure  all  pedlars 

>  have  not  passes^  according'  to  the  trnor  of 

h  last  proclaiiiatioo,  and  lecnre  them  lill  they 

1  caution  for  their  good  bL^haviour. 

"  You  simll  stop  nil  posts  who  earry 
er«,  exctpt  snch  who  are  allowed  by  our 
naster  f^eneraL 

"  You  shall  commuDe  with  rebels,  to 
_   thetn  to  obedience,  upon  their  address 
[  ^rdon,  and  you  shall  acquaint  (j>ur  secret 
pmtttee    with    their   proposals,   imd   what 
i  twixt  you  and  them  ;  and  in  order  there- 
by you  are  allowed  to  i^ire  them  safe  con* 

II.  ^*  You  shall  command  the  foi*ces  assi^- 

I  to  you  by  our  privi^  council,  aoeoiding  to 

I necepiity  of  our  service. 

|2.  •*  Yoa  shall  turn  out  oil  the  wive*  and 

dren  of  the  forfeited  persons  and  fuj^itive^, 

I  their  habitations,  if  it  shall  appear  that 

/  have  convers<'d  with  their  parents  or  hu8- 

d«,  or  if  they  shall  refuse  to  vindicate  tham- 

\  by  t)ieir  oaths, 

**  You  shall  enmiire  whsrt  quartei's  are 
jid  by  the  soldiers  in  your  several  districts, 
[take  care  payment  be  made  tor  bygonea, 
I  in  time  to  come, 

|4.  *'  You  are  to  eiamine  what  money  has 

collected  by  any  body  wtthin  your  dii- 

s,  and  not  conotetl  for. 

|S.  '*  You  shall  take  care,  that  decreets  for 

B  for  ecclesiastic  disorders,  be  put  in  execu- 

,  as  shall  be  prescribed  by  our  privy  coun- 

k5.  **  You  shall  Ijc  aiaisting"  to  our  regular 
y,  in  hring^io^  people  to  obcilience  in  set- 
church -sessions  J  and  if  any  complaint 
de  of  any  of  the  reg-ular  clerjEfy,  you  are 
EitTifnd  the   punishment  and  censure 
p  to  our  bishops,  orjudgfcs  competent. 
■  If  you   find  any   part  of  the  country 
bborn  or  contumacious,  you   shall  impose 
\   ftnes  upon  them  as  the  law  will  allow  ; 
in  case  of  not  paynient  thereof,  and  that 
t  think  it  tit,  you  are  inimciliately  to  quarter 
forces  tm  tlie  stubborn  and  conlumacious 
til  the  tines  imposed  shall  be  exhausted  by 

*•  Yoa  are  to  ktep  good  and  constant 
spondence   amoug-  yourselves ;   and  if  it 
I  happen  that  any  man  %hi\\  tlt^  fn^n  tme 
rict  to  another,    when   you    .ire  adver Jspd 
tliereoC  \ou  shnll  immetliatcly  cause  the  fu- 

S'tive  to  be  a]>|*rehetided,  auJ  you   ^hnW  st*nd 
tu  tu  the  dtfiitct  from  whbtice  he  fled,  to  be 


«amen  being  then  called,  and  the  pannall  havings  j 
^ven  ill  a  Petition  craving  that  for  the  rea**] 
sons  therein  mentioned,  the  Lords  would  b#1 

judged  by  the  commissioners  there,  or  else  sent  ^ 
by  thera  to  Edinburgh,  as  they  shall  think  fit. 

19.  **  You  shal^arquaint  any  of  the  nei^h* 
bouring^  jurisdictions  to  which  any  of  the  rebel* 
shall  flee,  to  the  end  they  may  assist  to  ap- 
prehend them ;  and  if,  in  pursuit  of  those| 
ii  shall  be  convenient  for  you  to  go  out  of  your 
district,  or  to  send  parties  out  of  the  same,  th«^ 
magistrates  are  hereby  recjuii'cd  to  obey  and 
as*$tst  you,  as  they  will  be  aaswerable. 

30.  '^  You  shall    suDer  no  man  to  travel  j 
with    arms,   excepting  jcrentlemeti  of  kuowa  , 
loyalty,  who  have  taken  the  Test ;  and  no  yeo* 
man  to  travel  three  miles  from  his  own  houses 
without  a  pass  from  his  minister,  or  a  com  mis'* 
aioner  of  the  excise. 

31.  "  Vou  are  to  call  for  all  or  any  part  of  \ 
the  heritors,  as  oftea  and  where  you  shall  find  i 
ii  needful  for  our  service,  who  are  hereby  or- 
dered to  obey  under  the  pains  of  being  punish^ 
ed  as  absents  from  our  host. 

Si.  **  You  shall  put  in  cjcecution  the  power  I 
of  justiciary  to  be  granted  unto  you  by  our  , 
privy  council-,  with  all  ri^ur,  by  using  fire 
and  swortl,  as  is  usual  in  such  cases ;  and  i 
wedoirapower  our  privy  council  to  insert  aii^ 
indemnity  to  you,  or  any  imployed  by  you,  foi 
what  i^hall  he  done  in  the  eaeecution  thereof 

23.  "  You  are  hereby  imnowered  to  give 
the  oath  of  allegiance  to  such  persons  wluiiti 
your  districts,  as  you   shall  have  reason  iH^ 
suspect;    and  in  case  of  refusal,  you  shalfj 
banish  thetn  to  the  pbntations,  whether  nieitn 
or  women* 

54*  *'If  you  shall  be  informed,  that  an^l 
within  your  dLslrict  shall  deny  our  authority' . J 
or  their*boad  of  Allegiance  to  us,  you  shall!; 
enquire  therein,  apprehend  the  persouS)  and' 
either  judge  them  upon  tlie  place,  or  send  thera' j 
into  Edinburgh,  as  you  find  most  expedient.      t 

25.  **  You  shall  call  lor,  and  dispose  of  tit€? ' 
mililia,  as  you  find  most  (it  for  our  service. 

26*  "  Y^ou  shall  enquire  how  the  ordinary'*  J 
magistrates  have  earned  in  our  service,  andtu*j 
form  the  privy  council  tlicreof 

27.  "  You  shall  repoi  t  to  tha  secret  enni* ' 
mitlee  of  our  privv  council,  such  propnsitioiis  < 
tts  the  shires  within  your  district  shall  make  to^ 
you  for  onr  servfce. 

28.  **  Yon  arc  to  obey  such  orders  as  yoa3 
shall  lecetve  from  u^f,  or  our  privy  council,  or^ 
Gccret  committee  thereof,  from  time  to  time  j'l 
and  you  lire  also  hcTf^hv  nnf  i,»r;  » d  <..  ♦^^rbeaf^ 
the  execution  of  ^nv  '  m-^ 
stroctions,  if  you  sfioi!                                ime. 

**  For  doinjif  of  which,  these  presents  shall  Ih,  . 
to  you,  and  all  others  who  may  be  rfspeolivelyji 
concernetl,  a  suflicient  Warrant*    Civtn  unde 
our  royal   hfind  nnd  ^fT^^nrt,  nt    otir  court 
Windsor  ravile,  the  ust  le 

aud  of  our  r^^'ign  the  r. 

Uy  hh  .liajcity  '^  cmw^  '■  "-l 


I 


1055]    STATE  TRIALS,  36  CaAEttS  IL  i684.— Tria/  cf  Jukn  t^mirrfitH, 


pltm^  to  delay  hU  tryaU*  and  the  lamea  beio^ 
resii  Aod  con&idered,  tbc  Lords  eonliuued  the 
tr^'oll  uf  liie  panoall  lor  tlie  cr^'iues  rocjilioiji^ 


Wodrow  tiieu  proce^di  t)»uii  i 

»'  It  was  the  montb  of  O  ■  *  -  t.^' -^  »i  ^ 
ieffiUlc  cin^uR  HAt  duv*ti  \\\ 
trrcK.  Tho&*2  ample  nowei>,  -u..  *...;.,  .. 
cut  and  carve  in  iheni  as  tbcy  sau-  j^ood,  let 
us  see  wUal  an  arbitrary  and  abs^tute  jjovcrn- 
Inent  Scotland  was  now  UDder.  Lirejibertv, 
and  e%ery  thin^  i^i  H't  in  the  rnauai^^rs  liantf^t. 
If  they  pltftsetl  to  have  mercy  on  the  poor  ha- 
fftsse«rcountry,  the  kinjf  alloifed  tlieni,  and 
If  not,  their  instructiona  carry  them  even  to 
iirc  »nd  sword. 

**  To  pave  the  way  for  their  work,  or  at  least 
to  present  the  poor  stifl'erers  gettinp  off  the 
kingdom,  and  to  di!keoter  surh  as  remained  in 
It,  two  Proclaiuaiimts  are  err»itled  in  Septem- 
her ;  the  first  bears  the  dcitet  September  15th, 
#rdi*rin^  lite  oaths  of  all  the  masierf  of  ships, 
or  vess>t.«}s  ^oin^  off  the  kinji^dom,  to  be  taken, 
«s  to  their  passetii^ers.  This  nec^fs  no  obser- 
vation u|ion  it.  No  question,  it  wn*;  l*\*41*>ir 
aizumit  the  pcr*»ei'iited^ party  pi 
Jlevi  circuit  was  very  justly  1Vij4^! J « 
IVom  their  experience  of  the  scvrritics  of  the 
former.  They  are  not  ^utfered  to  live  at  bomi\ 
And  nrtW  are  stoppetl  irom  retiring-  to  forcij^u 
Doumrifs,  where  they  mi^bt  be  free  from  be- 
%£k%  butchered  in  cold  blood. 

»*  And  SSeptcinber  16,  another  Proclamation 
istmitletif  diacbargiDg-  all  persons  whatnom- 
aver*  to  travel  from  one  shire  to  another  with- 
out a  paait.  It  i^  but  short :  All  travellers 
inust  have  a  pas«  from  some*  [persons  in  tho 
S^iemment.  And  the  pretext  is,  to  hinder 
(iers»n3  from  carrying  false  nev^s  from  one 
•art  of  the  comitrj'  to  anothpr.  I  am  uot  so 
fiir  master  of  the  mtriij^iies  now  on  foot,  av  to 
wake  reflections  that  perhaps  might  be  native 
•fiou^li  bore.  A*  ilic  birmiT  \%sto  a  check  and 
diinip  upon  rmde  and  €oniiiicrce«  ko  tbi^  is  a 
plain  encroachment  upu  the  libetiy  of  tlie 
subject,  in  ^oini^  and  c^minif  from  one  place 
to  another,  and  a  kind  of  imprisoning  the  lieges 
at  large,  nithout  any  jubt  reason  i^iven.  That 
of  spreading  fi»lse  news  is  cvidenll v  frivolous, 
«t»d  every  body  may  sec  ihe^c  might  l>e  i|/rerid 
by  letters.  Tbu  true  desitju  seems  to  have 
been,  to  be  a  preface  to  more  general  imposi- 
tiona  on  the  sid»ject,  lus  we  jihall  atkrwurd 
hear,  to  (irefi^it  sMilering  people  retirin^f  from 
the  fury  of  tltc  circuits,  to  be  a  oew  colour  to 
the  soldieri,  and  to  op[ire^s  poor  irt?ople  the 
more.  I  wonder  the  proclumation  tUn:^  not 
inipower  the  hiwbops  and  ortliudox  cltrrgy,  to 
gi>e  passes.  The  iuM ructions  to  the  com- 
mbksionerti  seem  to  suppose  soiui!*fiiu;b  puviseK, 
but,  it  seemj«,  the  couucii  do  not  find  it  need- 
f ti  I  to  eut  r  u  St  t  h  en  t , 

*'  Before  the  meeting  of  the  circuit  or  justi- 
citiry,  llie  council  by  Uicir  rJerk  order  the  shire 
of  Stirling  with  it^  jurisdieiiofi«,  pru  hoc  vice, 
to  b«  adjoined  to  th«  jurisdiction  of  Glasgow, 


in  hb  bdyttneitL,  till  iUe  sevroleiDth^l 

tember,  then  next  to  cwme,  njid 

to  be  tranfported  primmer  lu  the  Tol 

tci  save  the  lorib  the  UouM<^,  as  I 

! ci V- i n 2"  G f assfo w.      1  ob^ l rv c    t i t »T h if 3 ^^ 
,   but  it   n 
Hit*  rlrrVv  ■ 


ol    Uie  p 
matters  f* 
the  clergy  m»  r*^ 
here,     its  date 
dorsed. 


is  twi 


'  nj    5ii4«i,    I    lid'  1 
€xprea»eil«  and 


a^ 


Warrant  to  the  Shiriff^drpuic  ^if  ikt  ^iietf' 
Siirhng,  ItJUf. 

"  SheriflT- depute  of  >      • 
*»  Fura^ninch  as  his  bv 

under  his  own  royal  f        ' 

adjoyn  the  shire   ol  <r^|» 

tion  '''"^  '■' '"  ' '^i  '  ^ 

or  r* 

ibni 

ind  other 
I  Other  sMpr 

shire,  tmd  juiisdiotion^  and 

the  same,  to  compear  belbrr  1 1 

majei>ty*s  priry  council^   at    Gla*^*w  the  titk 

diiy  of  October  instant,   by  ni***'  ^»f  fbrd-d, 

and  there  to  attend  the  said  l.« 

such  onlers  and  dipeeiHui*  f* 

service,  as  sUaii  be  til       '  a, 

**  You  art*  likcwi-  Al  the  m* 

uislers  within  ymsr  i^inn-,  tri;w 

said  Lords  at  UiasgiiW   the   l^ 

that  they  como  [nvjn  ■  '  *  ^u 

Lords,   exact  lists,  .rr  t> 

make  faith  as  t^^     '  tiiitn- 

drawrrs  froio  iiliil 

suspect  and   di  .       ,      .  .i,i 

I  jest)  *s  fjn\  e\T\  me  n  I  m  cb  un  j  1 
'  as  it  cooM^lii  with  their  know  I. 

list  Of  all  b^ucli  persons,   as  ih  ,  «i9 

give  best  infonuulion  anerst  th 
*♦  As  Hke\*  ise  you  are  U 

of  KJrk  rkcssions,  their  cU  t 

pone  upon  the  foremetHiont-d  pjjij*.ulAf*  m 

Kiiid  day  and  jdac^. 
**  And  parlicii'     * 

gistrates  of  the  . 

fore   *.;:■■  ■  •■•  '     '  ^iinr, 

and   ,  rmmh 


IZ 


tiont^.  ^.^.......^ 

them  an  exiict 
stand  infeft  in  Li 
in  this  you  uor  any 
sons  are  not  to  fail, 
answerable^     Kktrniitcd 
PatersoD,  clerk  to  bis  liiaj 
ble'priry  council. 

'*•  Wnj..  Pateeson,  CL  Swrr,  Coci 


"-H 


*^  From  this  and  whal  gota  before  wv  m 
le&rn,  that  these  vaurts  bad  both  a  cotiticitaaii 
jti&lictary  ^^owcr,  and  had  a  vast  gooi|)«0  ^ 


)57J 


STATE  TRTAIA  SfiCHAHtES  IT.  \6U,^for  Treiuon. 


burgh,  tber  to  bvd  tils  trvall  for  tlie  crymes 

Bid,  at  the  da^  above  specirted,  and  like- 

^yes  onluined  the  haill  wltne^^es  aoruii)st  him 

fiod  caution  loi*  I  heir  apjmrunoe  at  Kdin^ 

r^h,  the  said  sevt'titeintli  day  of  November 

itf  to  J^ear  vutues  iu  the  flirsaid  c;iuse,  under 


irs  before  tliein.     We  shall  find  al'tervvards, 
sliire  rmne  to  Glasgow,   and  tj^.ive  ample 
ik  of  thrlr  loyahy  and  siil>mi$sion  to  the 
g's  orders. 

'  What  were  the  precise  days  upon  which 

me  courts,  orduiarilv  caileii  cireuits  though 

f^rent  a  httle  from  t^ese  in  the  former  years, 

I  cannot  i^ay,  fnrtlier  than  the  dutea  of 

Lie  papers  tn  the  re^Uters,  and  others  cotDe 

my  hand,  shew,     li  nuuld  seem  that  court 

"edburgh  met  Ituvard  tlie  betftnnin^  of  Oc* 

T,  for  i  find   a  letter  directed  to  them,  aiid 

rest,  from  the  commillee  of  public  a dairts, 

'ler  9,  which  will  give  some  more  light 

lutthcin,     This  I  ^ve  fi'om  the  regtiaera  of 

incIL 

**  October  9,  1614.  Sederunt  the  conmiittee 
IT  public  afiairs,  upon  llie  report  of  the  com* 
'^TsioD,  at  Jedbnrifh,  and  for  the  western  dig- 
its the  Lords  did  send  the  following  letter,  a 
py  whereof  wan  ordered  to  be  sent  to  the 
It  of  the  districta  for  the  rule  of  Ihetr  proce* 
iure  : 

**  My  Lords ;  The  Committee  of  council 
being'  rery  frequent,  I  did  propose  to  them 
jfour  two  queries :  in  ans^ver  to  the  first 
whereof,  it  is  all  our  opinioti!^,  that  il'  the  de- 
lenderSf  called  before  yon  as  counse!lers»  be 
■*"  oaljy  cited  J  they  may  be  hohlen  as  con- 
but  they  canno't  unless  they  be  oersonally 
and  all  that  can  be  done  in  that  case  is 
I  them  to  the  horn,  w  hich  will  be  as  great 
punishnieat  to  them,  as  if  they  were  de- 
'  'ed  tuj^attves  ;  but  it  will  not  infer  any  dan- 
to  tlie  country  by  resetting  them,  which 
much  in  he  shunned  as  can  be.  And  if  it 
thereafter  found  cooveuient  to  hold  them  as 
"est,  to  the  end  that  the  king  may  get  a  fine 
holding  thenj  as  contest,  which  may  l>e 
i-e  advisable  than  the  takinpr  of  ihdr  esdjeat, 
ich  is  all  that  can  follow  upon  their  being 
to  the  horn,  then  I  shall  cause  cite  them 
m  sisciy  days,  as  being  out  of*  the  countiy, 
let  not  that  stop  your  dili^'eniTe  ;  in  which 
they  "'ill  be  liolden  as  confcsti  though  not 
nalfy  cited. 

It  is*  likewise  their  opinion,  yon  shonlfl 
eed  against  all  sheriff-deputes  who  have 
vcfsed,  and  that  you  should  punish  them 
mplarily  to  the  terror  of  others,  and  to  the 
cod  thai  people  may  see  that  you  ore  come 
there  to  protect  honest  men,  as  well  as  to  punish 
knaves.  1  am,  your  lordships*  humble  sen  ant, 
**  George  M*Renzie.*' 

**  This  letter  is  a  little  dark  to  me,  l^ot  hat bg 
qu«rie»;  but  it  lets  us  in  to  see  somewhat 

the  managers  severe  designs  upon  gentle* 

!fi  and  others. 
*<  It  tat  of  more  Importance  to  gire  aa  account 


I 


the  paine  of  f^ve  bunder  merks,  or  else  to  be 

committed  pnsoners  to  the  Tolbuith  of  Glas- 
gotv,  lilJ  they  l»e  transported  to  the  Tolbuilli 
of  Kdlnbufiifii,  to  bear  wiines  in  the  forsaid 
cause.  The  lords  lykwaycs  ordained  the  as- 
sizers to  attend  at  fidinburigh,  the  said  seven - 

of  a  letter  from  the  king,  read  in  council,  or  its 
committee,  October  Vi^  which  was  no  doubt 
im]»etratc  by  our  managers  here,  as  the  foun- 
dation of  their  imposing  exorbitant  6nes  upon 
many  gentlemen  we  iihaU  hear  of  in  the  uexl 
section^  The  letter  follows  : 
»*  C.  H. 

"  Right  irnsly,  ^c.  Whereas  we  find  that 
some  of  our  unnatural  and  rebellious  subjects 
in  that  our  ancient  kingdom,  da  enttfr  into 
plots  and  conspiracies,  the  more  willingly  and 
securely,  that  they  think  their  guilt  cannot  be 
discoTcred  by  the  depositions  of  witnesBes,  tlieyj 
for  concealing  their  guilt,  indueJtriou*<]y  using 
to  discourse  of  those  matters  only  with  ana 
person  alone  ;  and  it  being  easy  to  cause  ona 
or  two,  who  might  be  proving  witnesses,  to 
withdrawr  for  sometime.  And  seeing  it  h  tho 
great  interest  of  all  gf>vernmei)t^  as  well  as  of 
all  w'ho  desifc  to  live  peaceably  under  it^  that 
all  subjects  should  be  oblijjed  to  fear  all  manner 
of  accession  to  such  hcirrid  crimes^  as  tend  to 
overt hn*w  all  sm^iety  and  government  ;  and  it 
being  undeniable,  tftat  no  man  can  com  plain 
when  judged  by  his  o^vn  oatb^  by  which  he  is 
in  less  danger,  than  by  any  probation  of  anj 
witness  whatsomever. 

**  Therefore  thought  it  necessary  to  impower, 
and  we  do  hereby  authorize  and  impower  our 
advocate  to  raise  process  before  you,  or  before 
those  who  are  eommis^ionate  to  represent  us, 
as  our  privy  council,  in  the  Western  and  South- 
ern shires,  aganist  any  whom  you  or  they 
shall  order,  for  the  said  crimes  of  plotting  and 
contriving  to  rise  in  rebellion,  or  for  intercom- 
muning  with,  or  resulting  any  declared  i-eliels  ; 
and  to  refer  tbeir  guilt  to  the  oath  of  the  said 
dt^endcDf,  io  sio  fiir  as  may  e^end  to  a  pecu- 
niary mulct  or  fine  allenarly. 

**  Declaring  hereby,  for  their  further  se- 
curity, that  if  they  shall  depone  upon  the 
guilt  so  referred  to  their  oath,  they  &hall  be  foe 
ever  as  secure  upon  the  pa^^ment  of  their  6ne» 
as  if  they  had  a  remission  under  our  great 
seal :  whereas,  if  they  refuse  to  dcpt>ne,  wa 
order  you  to  hold  them  as  confL-st,  and  to  fine 
them  m  what  sums  you  shall  judge  to  be  pro- 
portional to  their  respective  guilt  and  accession. 
Which  pov*'erso  graiited  to  you,  shidl  only 
continue  in  Ibrce  till  the  first  day  of  April  next 
to  come,  and  is  hereby  ordained  to  be  regis- 
irale  and  recorded  rn  yoi^r  books,  to  the  end 
that  extracts  may  he  n;ivcn  to  any  wlio  shall 
depone,  as  said  is,  this,  and  the  decreet*  t<> 
follow  thereupon,  being  to  them  in  place  of» 
remission.  For  all  which  thts  shall  be  to  yoti 
a  sufficient  warrant  Given,  &c.  September 
37,  1684.  "  McRRAV." 


« 


( 


I 


I 


1059]   9rAT£TRIALS^36CHASLBsII.  l684^rr»aIo/JoJbP<>ff»:^».   [1060 


teiath  of  No?eniber  nixt,  under  the  paine  of 
two  huodretli  luerks  each  peraone. 

*'  The  Mid  criminall  actioo  and  cause  being 
th^n  called,  the  Lords  for  Beverall  causes  moving 
them  continued  the  same  from  tyme  to  tvme, 
till  the  twenty  eight  of  this  instant,  and  the 
same  being  then  called  and  both  parties  com- 
peirand,  The  querie  and  solution  tberof  under- 
written was  produced  in  presence  of  the  saids 
lords  whereof  the  tenor  foliowes : 

"  Edinburgh  98  November  1684.  .  The  said 
day  anent  ane  querie  proposed  be  his  majesties 
advocat  to  the  lords  of  council!  and  Kession,  be 
command  to  him  from  the  lords  of  the  secret 
comitie.  It  being  treason  by  tlie  common 
kw  and  ours  to  supplie  or  comfort*  declared 
iraitors,  apd  it  being  treason  by  our  law' to  con- 
ceal treason,  queritur  whither  sir  John  Cochran 
bating  asked  from  Porterfield>of  Dnchall  who 
was  not  related  to  the  late  earl  of  Argvle,  the 
•bume  of  fitly  pounds  sterling  for  the  said 
«urle's  use  being  a  declared  and  notour  tr^tor, 
apd  Duchall  not  having  revealed  the  samen 
either  to  his  majestie  or  his  officers,  wherby 
the  pr^udice  that  might  have  followed  tber- 
upon  might  have  been  prevented.  Is  not  the 
£»r8aid  conccjgliii^  and  not  revealing  treason  ? 
Sic  SubicribUur^  Geo.  Mackenzie. 
**  The  Lords  of  counsell  and  session  having 
•onndered  the faeti  species  proposed  in  the  for- 
■aid  querie,  it  'is  their  ^ud^ement  that  the  con- 
cealipg  and  not  reveahng  in  the  case  forsaid  is 

mason. (Sic  Subscribitur,)  Perth  Chan> 

oellor,  Da.  Falconer,  Ja.  Foulis,  J.  Lock- 
hart,  David  Balfour,  James  Foulis,  J. 
Beton,  J.  Murray,  Ro^er  Hog,  J.  Wau- 
chope,  H.  BeiTiie,  F.  Stewart,  L.  Lyon, 
Geo.  M^Kenzie,  Patrick  Ogilvy,  George 
Nicholson*." 

The  Lords  having  considered  the  lybcll  per- 

loticing  Uurae*s  representation  of  king  Charles 
the  second,  as  endeavouring  to  niitic^te  or  per* 
■uade  his  ministers  to  remit  one  half  of  the  lines 
levied  in  the  persecution  in  Scotland,  in  the 
early  part  of  his  reign,  under  the  ecclesiastical 
commissions)  observes,  <*  The  fact  is,  that  Uiev 
were  levied  entire  for  the  king's  own  use,'* 
which  indeed  is  sufficiently  shewn  by  Wodrow, 
to  whom  Mr.  Laiog  refers.  See  also  1  Fount. 
186. 

*  '  In  this  answer*  says  Wodrow,  vol.  2,  p. 
4Q1, '  the  whole  of  the  lords  of  thcjusticiarv. 
almost,  three  or  four  at  least,  deliberatelv  ^n%  c 
their  jud^ent  anent  the  chief  part  oi'thJ  mat- 
ter, in  debate  in  DouchaPs  process;  and  it  mav 
be  considered  how  ikr  in  equity  pen»ous  who 
have  already  given  ju<iginent,  can  give  it  ovtt 
again.  It  is  certain  they  could  not  but  con- 
demn the  gentleman,  unless  thev  should  con- 
demn what  they  themselves  had  signed  under 
their  hands.' 

*<  I  have  not  observed  the  debates  of  any  ai1- 
Vocates  in  the  process,  for  indeed  it  was  fruit- 
less almost  to  reason  upon  a  matter  already 
CMc/iided  upon.  However,  1  shall  here  bet 
4 


sewed  by  bis  miyestles  advocat  agiiiwt  Jehu 

down  Doucbal's  own  thoughts  of  his  cbk, 
which  he  drew  up  at  the  time,  and^f  1 1  ' 
not,  gave  into  the  court  and  resumed  it  I 
the  assize ;  and  it  is  as  follows : 

John  Porteriiehl  of  Doucfaal,  is  indided  ftr 
reset  and  converse  with  bis  own  brother  Ala- 
ander  Porterfidd  of  UaarreKoan,  whereas  ikt 
said  Alexander  being  forfeited  for  his  acosnM 
to  the  rebellion  1066,  and  his  estate  beoy  hU, 
and  disposed  by  the  Exchequer,  the  nid  Ala« 
ander  aher  some  years  did  oome  and  live  pcMe- 
ably  within  the  shire  of  Renfrew,  and,  looff  ll^ 
fore  the  time  libelled,  did  ^  publickly  to  Ekk 
and  market,  behaving  hunself  as  one  tf  Ui 
majesty's  iinee  lieges,  by  ooovernqg  wiA  ik 
miyesty 's  suligects  of  all  ranks,  and  as  Fkifj 
Counaellors,  the  sheriff  of  the  ahire,  «id  He 
officers  and  soldiers  of  his  majesty's  lmci;» 
that  i^rivate  snl^ects  could  not  but  conchA,bi 
was  mdemnified,  and  his  own  brother  wa  Ml 
more  to  abstain  from  converse  with  him,lhH 
those  above-mentioned,  espectaUhr  sriiar  hi 
did  compear  before  the  ordinary  domii  sf  J«- 
dicatnre,  particularly  the  sheriff  ooutt  of  Bo- 
frew,  sometimes  as  pursuer,  aonietinies  ai  dt- 
fender  in  sundry  actions;  yea,  did  adMlly 
Compound  with  the  sheriff  of  the  shiv^  ibr  afai 
of  irregularities  in  not  keeping  his  own  pnb 
church,  and  received  his  discbarBe  nr  tb 
same,  Moreover,  he  did  ordinarily  fitqeMi 
his  own  parish  church,  when  there  was  a  r^ 
gular  incumbent,  and  freqoent]j  eoavoHi 
with  the  said  minister ;  be  was  fraqiienlly  iii 
vited,  and  present  at  most  part  of  the  baridi 
within  the  shire,  where  he  had  access  to  oqb- 
verse  with  all  ranks,  and  repaired  to  msxien 
within  and  without  the  shire,  and  lastly  M 
assist  and  help  to  settle  the  soldiers  in  ibdr 
quarters  and  localities,  and  did  entertain  thca 
even  at  his  own  house. 

*<  As  to  the  harbouring  of  George  HoIMi 
the  plain  truth  is,  the  said  Greoiige  went  swij 
without  arms,  and  returned  so  without  bmf 
noticed  ;  but  so  soon  as  I  was  informed  thstbi 
name  was  in  the  Porteous  Roll  of  the  oonitst 
Glasgow  1679,  though  he  was  neither  cottUi 
tenant,  or  servant  to  me,  yet  I  caused  his  hf 
thur  put  him  off  my  ground.  Thereafter  hi 
compounded,  first  with  Kennowav  the  donalor 
fur  his  moveables,  and  thereafter  with  dif 
sheriff  depute  for  his  ueaceable  hving,  at  which 
time  he  took  the  bono  of  regularity,  and  had  a 
testificate  thereupon.  Notwithstanding  1  wodi 
not  entertain  him,  so  that  he  listed  himself  ■ 
suldicr  in  the  standing  forces.  All  which  if  tf' 
fcred  to  be  proven. 

«'  As  to  the  last  point  of  the  libel,  the  truth  Is 
sir  John  Cochran  did  make  a  very  overly  ffl^ 
perficial]  motion  to  me,  for  fifty  pounds  steiW 
by  way  of  charity  to  the  earl  of^ Argyle,  whin 
1  refused  ;  and  in  regard  die  motion  was  fis- 
ooscd  so  trivially,  1  thought  it  notwoitbf  l> 
be  communicate,  nor  could  I  profve  it,  bsd  il 
been  denied,  neither  in  conatructiMl  of  iMTdi 
it  infer  the  things  libeUod.'' 


Jl] 


STATE  TRIALS,  96  Charles  n.  i584.-/or  TVeofm. 


flOGt 


L    -  till 


field  of  Dachall,  they  finrl  the  «amen 

rant  as  it  is  (y»j«lle^d  viz/Thai  lie  hmrbonr- 

snd  reoept  upoo  the  cround  of  Iiis  Iand§, 

^rge  floloie,  m  lieclared  fugirive  for  treason, 

I  conferst'd  with  and  recept  atid  ijitercoraoti- 

!  with  AlexanifprPoitei-fieW  his  brother  &  tor- 

llted  traitor,  and  also  that  he  oonceale<l  or 

■  reveafed  the  treasonable  pmpoflall  made  to 

t  be  sir  John  (Joch ran,  im  Biippheing-  the 

^earl  of  Ai^yJe,  a  tbrfaiilted  traitor  meDtioTi. 

'  in  bis  mdyinient,  separutiui,  to  ioferr  the 

"~ne  of  treason  and  |t3ine  of  treason,  anil  re- 

1  tbesamet}  to  the  kuowledge  of  an  ioqciest. 

Ass  IS  4. 

John  Dalmahoy  ofUiat  ilk, 
J&nnes  Baird  of  SauchtonhalL 
.^r  Jamea  Floeoiinif  of  Rathobyres. 
lenry  TrotttT  of  iMortounhall. 

[cory  Niibel  of  Dean. 

araes  Murray  of  Hkirlin, 
Hobert  Hepburn  of  Barefoord. 
Sir  George  Hkdn  of  Fin  tray, 
lieutenant  Collondl  Rae. 
Jiavid  Edie  of  Newwark . 
Alexander  Cruckjihankf  merchant. 
James  Nicholdon,  mereband. 
James  Boyd,  nitrfhand. 
Hewry  Elphin^oun,  LoUeetor  at  Aber. 
WUlkm  Menzics,  merchant  in  Ediuburi^^h. 

The  Assyse  lawfully  sworn,  no  objection  in  the 

itrair.    his  Majesties  Ad rocat  for  Frobation 

liieed  the  pannairs  oivn  judiciall  Cnnte«sion» 

Tto  he  adhered  in  presence  ot  the  justices 

aasizers,  and  wberof  the  tenor  foltowes : 

Ediiihnrgb,  the  inh  day  ut*  Nor.   1684. 

!  which  ddy  John  Forterfield  oi  DutbatJ, 

iemed  and  acknowledged  in  presence  of  the 

i  lords,  that  sir  Jnbn  Cochran  of  Ochiltrie, 

ptyme  in  the  session,  in  the  end  of  1682, 

uning  of  urn,  having  mett  itiih  him  in 

burgh  of  Edinburgh,   the   said   sir  John 

■posed  Ui  him  to  give  titiy  pound  sterliiie, 

tthe  relieff  of  tlie   late  extrle  of  Argvle,  and 

X  he  refused  to  do  the  same.     Confesses  lie 

I  this  proposition  to  Cuningliame  of  Craig- 

~f  and  that  Craigends  told  him  the  Jyke  pro* 

U  had  been  made  to  him. 

Sic  Suhtcribitur^  J.  PoRTEBFIELD. 

J,  Dbummosb.       Jl.  FuuLis/* 

Ithe  said  John  Porterlield  of  Dkichall» 
bg  of  new  again  jnterrogat  in   nreseoce  o| 
k  assy se  after  thev  were  sworn,  he  of  new 
ft^iti  acknowledged  and  eontessed,  in  manner 

Eiog,  via.  That  be  had  conversed  with, 
ired,  and  recepi  Alexander  Porterfield  his 
r,  a  foH'ault**d  pei-son,  and  uho  that 
e  Holme  a  fugitive,  had,  dwelt  and  re- 
m  his  ground,  and  that  sir  John  Cochran 
ake  the  projK>>all  to  hmi  ntentiontd  in 
lay,  and  that  be  bad  concealed  the  sanien 
md  not  revealed  it  to  his  majesties  privy 
cottni-dl  or  others  in  aitth«tntie  under  the  Lng, 
iHMl  det^lared  be  submitted  bitiiself  tt)  the  king's 
mercy,  and  hitreated  the  lords  to  repreaent  his 


condition  farourablte,  since  be  vru  roost  pe* 
nitent.  % 

Sic  Su  btcrihitur^  J .  Porterfield  . 

J.  Dkummond        Ja.  FOin^ifi, 

Followea  the  Venlict  of  the  Assyse, 
"The  AiMyae  having  chosen  sir  John  Dal- 
maboy  their  chancellor,  all  in  one  voice,  linds 
the  panoall  John  fortertleld  of  Douchall  gnilty^ 
by  his  own  confesaion,  of  conversing  witli,  har- 
bouring, and  recepting  Alexander  Porter  field 
his  brother,  a  fortauked  per»ane;  as  also  io 
harbouring  on  bis  ground,  Geor^  Holme  a 
declared  fugitive,  and  sicklyke  of  concealing 
the  proposal  I  made  to  him  be  air  John  Cochran 
mentioned  in  his  dittay  tor  supplieing  the  lat# 
ctrie  of  Argyle  a  forfaulted  traitor, 

Sk  Subscribitur^  Jo.  Dalmahov.^' 

The  Lords  continue  the  pnmunciog  of  sen- 
tence till  trt  morrow,  being  the  29ih  instant,  at 
twelve  o*clock  in  the  forenoon,  and  ordaines  ibk 
pan  nail  to  be  removed  hack  to  prison. 

The  Lords  commissioners  ot  justiciary  tlier- 
for  having  considerdi  the  said  verdict  of  at* 
ivse,  they  be  the  month  of  James  HenryBon# 
Dempster  of  Court  *  decenied  and  arljudged 
the  said  John  Porterfield  to  be  execute  to  the 
death,  (lemsiined  as  a  traitor,  and  to  underTye 
the  paines  of  treason  and  utter  ptmishment  ap- 
poynted  by  the  lawes  of  this  realmc,  at  such  a 
tyme  and  place,  and  such  a  manner  as  the 
king's  most  excellent  niajesty  shall  api»oynt, 
and  ordains  his  name,  fame,  memorie,  and  "ho- 
nours to  be  extinct,  his  bUM>d  to  be  tainted,  and 
hisarmesto  be  riven  furlti  and  delate  out  of 
the  bonks  of  armes,  sua  thai  his  posleritie  may 
never  have  place,  nor  be  able  to  bruik  or  injoy 
any  honours,  otHces,  titles  or  dignitiea  wit  bio 
tins  real  me  in  tyme  coming  ;  and  to  have  for* 
iaulled,  aniitted,  and  tint  all  and  sundry  his 
lands,  heretagcs,  taks,  stLnldings,  rmim*^,  pos- 
sessions, gootls  and  gear  whataomever  pertain- 
ing to  him,  to  our  soreraigne  lord^s  use,  to  re- 
mairve  perpetuallie  with  his  highnes,  in  pro- 
pert  ie  :  which  was  pronounced  our  doom. 

**  It  seems '^  says  Wodrow\  '^  his  sentence  oi 
death  was  preconcerted  hetbre  the  Justiciary 
sat,  for,  in  the  Council  Hegistere,  Noven^ber 
Ji8, 1  find  as  follows:  The  Council jfcomturnda 
to  the  Lords  of  Justiciary  to  leave  the  d^y  atid 
place  of  Doucbars  execution  to  his  majeaty.^f 

And  he  proceeds,  '*  Douchal  was  most  sedat*' 
and  piitient  under  hi-,  trial,  and  bore  all  with  a 
christian  spirit.  His  honour  as  a  gentleiuau, 
and  loyally  as  a  subject,  sttiod  full  and  entire; 
his  contkcience  did  not  reproach  him :  ail  woi 
peaceful  within,  and  God  smiled  upon  him*] 
Thus  nothing  men  eoul*!  did  rutfle  him»  j 

W  hen  he  was  to  receive  his  sentence  of  fuf*  1 
ieiture  and  death,  he  wa&  askinl  as  nsuul  ni| 

♦  See  a  note  to  the  Cjise  of  Lor*l  Louilou  ai 
others,  p.  10U8  of  the  pre<»euf  volume. 

f  See,  too,  in  «i  Wotlrow  14^,  the  cruel  order! 
concernini*  the  execution  «if  Haekstoun  oi  Ha- 1 
tbiJIot,  whtch  the  catmcitmaUtf  before  hit  triaLI 


I 


I 
I 


a8S[).8TAT&TRIAL8^56CuM.V»I|.  leUr-^OHd^MitPm^fff^  0NI 


Hm 


vbatevfircomeMiiie!  iwco  uiawad 


.  rwhii;  lie  hftd  to  flR J  why  it  dHNiM 
not  be  nrooooiiGed.  Hie  ratoni  wm,  My.  lordey 
lliMre  little  to'My,  I 

kuukwlMteverco 

I  to>e  ft  better  CbriniftiiftiMlfQlgeGlthftii 
ettch^HbepefKcoted  bim.  '      * 

'  Hieeaileiicednnir  oomptHioD  and  teifefWNB 
niftvyef  tbe  onkwkerfty  to  §«•  ee  good, oM, 
ftod  inoooent  a  g^nllenum  cupooea  to  oncb 
bftvddupsibrimftgiiuiryoriiiieft;  yeft«tbeboid 
■MMOte.be  mel  witb  wae  mr^ed  by  oouie 
ptnoni  in  tbe  gofemneot  ftf&r  It  wif  oter  ; 
ited  I  em  well  mured,  tbet  even  oir  Geoqie 
If^iekeosie  noed  to  cait  tbe  blaiiie  of  tbii  pro- 
cednro  off  bimaelf,  and  tarn  Douobel  *  My 
^kfdMelfoid'e  martyr.' 

And  snch  was  tbe  eqaity  of  tboee  timeo,  tbat 
Ibe  very  person  wbo  waibie  judge,  bad  got  a 

!vjoiii|NNMniaa  of  bb  estate,  wbicb  waa  in  doe 


idegood ;  and  Joly  1686,  by  tbe  fcinff|a 
gift  tbe  eariof  MdfiMrd  was  made  donaior  to  nis 
personal  and  berrtaUe  estate,  so  that  be  bad 
more  vtimou  tluitt  erery  body  to  find  him  gnilty . 
16B&,  Mureh  ^!td.  JohnFMerfield,  lute  of 
Doucba],  und  Alexander  Porterfield  bis  son, 
f^uppHcate  the  coinioU  for  liberty.  The'  first 
is  rerufied,  becaose  under  a  sentence  oi  §9t-> 
feiture.  His  fion  is  let  out,  on  bond  ibr  the 
Bum  in  which  he  is  fined..  July  dSd.  Donchal 
X9  alltjwcd  the  liberty,  ofthe  town  of  Bdinbnrgfa 
upon  his  petition, bot  confined  thcfeunto.  And 
l^eptnabsr  3d,  the  oouncfl  transmit  tbe  ibl< 
lowing  pedtion  from  bini  to  tbe  secretaries; 
*  That  whereas  the  petitioner  bemg  desbedby 
tor  John  Cochran  to  ^Ye  some  charity  to  the 
lord  Argyle,  did  heartily  refuse  the  same,  and 
laying  concealed  the  design  of  the  said  sir 
John,  and  not  timeously  revealed  the  same, 
which  he  did  out  of  ignorance,  and  not  out  of 
jany  evil  design,  but  did  ireely  confess  the 
'same,  which  otherwise  could  not  be  proven 
.lujainst  him,  wherefore  your  petitioner  is  for- 
mted,  and  hath  a  long  time  been  prisoner ;  and 
seeing  his  life  is  near  at  an  end,  I  being  of  the 
age  of  seventy  two' years,  ond  under  many  in- 
tonities  contracted  in  the  said  prison,* it  is 
therefore  humbly  desired  tbat  your  lordships 
would  recommend  your  petitioner  to  his  most 
eacred  majesty,  for  a  remission  to  be  passed 
ffratia,  containing  Rehabilitation,  &c.  Audit 
w  hoped  his  sacred  majesty  will  he  so  gnttnous 
^cOasiderioff  that  the  petitioner's  crime  was  not 
tiiitentioiial,l>ut  in  a  manner  ignorantly)  out  of 
Abat  gracious  benignity  and  goodness  which 
jprinoes  have  been  in  use  always  to  bratow  upon 
.the  worst  of  their  subjects,  bemg  penitent,  and 
allow  your  jpetitioner  a  competency  to  live 
upon,  4iut  of  his  own  estate,  and  take  some 
eeen  course  with  bis  debt,  which  is  very  griev- 
ous to  bis  spirit,  and  your  petitioner  shall  ever 
fray:  John  Porterfield.'  And  I  find,  says 
ITodrow,  September  16tb,  an  address  to  the 
eonncil  from  Alexander  Porterfield  his  son, 
ehesringifaatlMi  hath  nothing  to  pay  bis  fine 
sritbj  9mng  bis  lather  is  Ibmited,  a 


drees  to  the  dnke  tff    _ 
Wodinv,  4'iOK«M,  478. 

ne  JoUm^  u  WnmitdmkmWs  Smrt  ^ 
tkk  Cm:  ^ 

«  NoTcmber  ST,  and  t8»  ^684. 
efDocbde  ^ms  tbir  dhpDjfa 


Clydesdale,  and 
the.  1st  4tf  December,  i 
eoo;.  Imo.  ThatbeJhBd' 
one  Hdmesbis  offioer,  after  h^hU  mmm 
from  Botbw^lbridge;  and aiao  Wd  eft  h* 
bourod  and  enteitamed  -' —  FsiMftrid  Ik 
brother,  who  was  excepted  * 
indemni^  for-  being'  at  Fn 
Tbat  BUT  John  Gocbraa  tod  4 
desired  tbat  he  mi|g;ht  lend  t^bOOmfOmW^ 


poor. distressed  friend,  and  ba 
meaned  my  lord  ArgylOi  be  did 
and  thoogh  he  .had  refnaed  to  o 


Med  tbe  matter  mntti  eflospHas* 
^officer,  yethealM^Miai^llw  MMb 
brother  coold  'not  uupuit  isiy  "ft^l 
ibtm  ;  seeing  resetting  in  IpwavtM 
eafinff,  abatraSw,  or  fihldarays  liM 


Jna^BM^ 


be  remitted, 
XhecoyMJI 


and  begs 
bisio^ 


thing  toimds  his  assistanoe,  yet  he  i 

couMdedthat  des^efndai^ 

lord  Areyle,  then  a  decfaned  J 

beoonmsed  tbe  matter  of  fiu^ 

ingtheoffioer, 

inghis  ' 

a^^nstl 

a  ooneealinff,  abatra^mg^, 

from  beiiur  bronght  to  justice  or  \ 

whereaa  his  broUier  these  ef 

convened  openly  at  kiik 

aU  ranks  or  persona,  eten  with  the 

(^theking'a  army,  unqnestioQed  hy^ai^vfll 
went  to  London  and  cinnpoB|ed'the  gift  ef  lil 
own  forfeiture,  and  took  it  in  another  peii^  , 
name  (because  he  himself  reftised  the  oed»^ 
tion)  but  to  hisown  behoof;  so  Aat  DocM 
was  in  hmafide  to  converse  with  him ;  aaJ  it 
was  nothing  but  parsimony  in  not  bestovsf 
theexpence  that  kept  himfiromaremissioB;  sd 
this  not  bein^  adverted  to,  be  has  infSBded  dl 
the  gentry  in  the  west  by  oonTersin|  wilfc 
them.  As  to  the  second,  answered,  Untli 
knew  not  certainly  if  sir  John  Codirane  bmsmI 
my  lord  Argyle,  when  be  craved  the  siAdd 
ance  and  contribution,  lido.  There  was  sisi 
present  who  heard  sir  John  sedc  it  hot  InsMdfi 
so  if  he  bad  revealed  it,  he  coold  not  bus 
proven  the  san^ei  and  thus  by  the40di  ^ 
pari.  1587,  succumbing  in  proviM  aaoth* 
guilty  of  treason  he  became  gnilty  of  tbe  mm 
triason  himself.— Yet  regent  Morton  ww  «»- 
cute  for' concealing,  thoiii:fa  beoonldnst  h^i 
proven  it.  See  sir  George  M'Keua.  Ciinipbi 
psge  48.  who  thmks  this  eooceafing  to  be  ss 
treason.  It  was  great  simplicity  in  Dncbdi 
to  confess ;  forth^  havingno  way  of  pc^^^ifg 
if  they  had  refened  it  to  bis  oaUi,  it  wpl 
have  restricted  the  hazard  to  an  arbitiary  fsiSi 
But  the  reset  would  have  forfeited  him,  wM 
he  had  purged  and  restricted  it,  by  lakkf  *• 
test ;  which  be  would  not  do.  dtiOi  H«tt* 
Isdged  what  was  given  to  strenftboi  a  iM 
to  rise  in*  anna  were  certainly  tMM»t  M 
here  it  was  oo^  chanty 


^]  STATE  TRIALS,  56  Chables  U. 

and  vrliifih  is  more,  he  absolutely  denied 

'    '  .1   HI  at  all.      The  privy 
^  's  qualrfied  confession 
ill*  V  iir('|JiHsetl  ibe  query  to  the 
mn^  iis  the  kia^'s  er^ai  coiinci] 
I  who  hy  liis  letter  were  appointed 
!  secrft  ci>mmittee  advice  id  dubious 
itiil    ihi^v,  by  their  resoluUou  under 
ild  i>iii  the  very  concealing'  the 

)i  '   V    towards  the  f^upport  of  a 

iruitor  Was  treason.  Yet  this  ivas 
L?cry  remote  ;  for  Juio,  There  is  the 
eUVho  stands  guilty  of  the  treason, 
is  the  iuierposed  person  who  de- 
lie  coutribulion*  money  for  the  traitor^s 
lliis  is  also  treason  in  him.  3iio^ 
i  wha  gi?es  it.  But  the  naked  coo- 
I  refys^  to  give  it|  he  is  only  in  the 
:  so  to  reason  at  this  rate,  to 
committed  by  another  lauded 
^  treason  in  the  not  revealer  :  only 
fcTcnce  is,  nidiiijif  a  rebel  with  money ^  is 
D  by  the  commoo  law  ;  but  theft  m  a 
aiaii  is  only  treason  by  a  speeial  statute 
s»  oixd  so Jictianf  juris  not  to  be  extended 
caiHivi ;  or  rather  this  example,  ii 
ribat  another  man  harhoura  a  rebel  on 
d,  I  am  as  guilty  as  the  resetter,  if  I 
him.  However^  on  this  sub- 
^mion  of  the  session,  the  commis- 
f  justiciary  found  the  dittay  relefant ; 
kize  foimd  it  proven.  Ho  he  was 
of  treason.  But  tlie  time  and 
^h:  '  V  It  ion  was  referred  to  the  kin^% 
i'.  :  V  for  a  reuiission  ;  for  it  ap  ^ 

tU.«.   L,it  j^    only  aimed  at   his  estate, 
,  will  be  12,000  merks  per  annum, — All 


1 68S.~Ctf5e  of  the  Earl  &/  TarraM.  [  1066 

this  procedure,  to  prevent  quarrelling^  is  rm- 
tifted  by  Uie  7tli  act  of  pari.  1685/' 

The  act  «if  parliament  is  as  follows : 

*^  Act  anent  Porterfitld^  tf  Duchall^  and  foa* 

*  cealing  of  Supply  giten  ia  Rcbeit^  May 

*  6,  16B.5. 

•  Our  soverai^n  lord,  and  states  of  parlia- 

*  roent,  do  ratihe,   approve,  and  contirm   the 

*  senirnce  Gf  forfalture  pronounced  by  thecom- 

*  missioners  of  justiciary  against  John  Porter- 

*  field,  sometime  of  Duchall,  and  the  interlo- 
'  cutors,  and  whole  procedure  of  the  saidscom- 
'  missioners  in  that  process.  And  declares,  that 
*■  the  same  was  conform  to  the  laws  of  this  king- 
'  dom.  And  in  general,  statutes  and  declares, 
*■  that  the  concealing  and  not  revealing  of  sup* 

*  P'ys  ^'^"  to«  Of  demanded  for  traitors  for- 

*  faulted  for  Ireasou  against  the  king's  person  or 

*  government,  is  treason,  and  to  be  judged  ac- 
'  cordiogly.' 

WodroWj  after  observing  upon  **  two  other 
most  iniquous  acts,^^  savsof  this  **  their  third 
act  this  day  runs  yet  deeper,  and  was  framed 
not  only  lo  look  back  to  what  was  past,  bui  to 
catch  a  great  many  gentlemen  and  others  and 
to  bringthem  to  ruiii  ia  their  bodies  and  estates. 
The  illegal  and  harsh  sentence  passed  by  tha 
Justiciary,  at  the  direction  of  the  Council, 
against  that  excellent  gentleman  and  christian 
John  Portertield,  of  Douchal,  mafle  a  terrible 
noise,  and  was  plainly  enougli  perceived  to 
have  been  in  order  to  gratify  a  particular  ma- 
nager with  his  estate.  It  was  necessary  then 
cjr  poMt  factoy  to  confirm  this  sentence  by  a 
posterior  law/* 


I.  Case  of  Walter  Earl  of  Tarras,  for  Treason,  and  recepting 
of  Traitors;  36  Charles  IL  a,  d.   1685,     [Now  first  printed 
from  the  Records  of  Justiciary  in  Edinburgh.] 
A  J'  .  S.  B,  N.  Regis  tenta  in 

Frti  *  do    Kdinburgh,  Quia  to  die 

messis,  Juittmrii,  millesimo  sexcenlesimo 
age»into  ijuinto,  per  Nobilem  etPoten- 
I'omitemt    C«eorgium    Com  item  ^ 
'  hgaw,   Justiciarium    Generalem    et 
virus    Dominos     Jacobum 


tidp  CoUingtouu,  Justiciarium  Cleri- 
Miaonem  Lockhart  de  Castlehill, 
[Datidem  Balfour  de  Forret,  HagMiuro 
LHog  de  ilait^rss,  Alexaudrum  8eton  de 
et  FatTiciura  Lyon  de  Carss. 
liooarios  Justiciar  ice  dicti  S>D*N. 

Coria  legitime  affirmata. 

lafmn, 
\9tt4r  earle  of  Tdrr«,  prisoner, 

TED  and  accused,*  that  wher  notwith- 


^Tlua   eatl  of  Tarraa   had   married   the 

f  of  Monmouth^ s  ekier  sister.     Of  his 

illy  to  the  dca<ni€tioa  of  Baillie, 


standing  by  common  law  of  this  and  all  well 
governed  nations^  the  conspiring  to  overturti 
the  government  of  t)je  nation,  or  to  assist  such 
as  designe  to  invade  lite  same,  or  the  conceal* 
ing,  and  not  revealing  of  any  treasonable  d is* 
course  tending  thereto,  does  inferr  the  paine 
and  punishment  of  treason,  and  by  tlie  thu  d 
act  of  the  hrst  parliament  of  king  James  the 
firsts  and  ihretty  seventh  act  of  his  second  par- 
liameui,*"  and  by  the  nynth  act,  t welt h  p:ii4is- 
ment  of  king  James  the  second  and  ane  hun- 
dreth  and  forty  fourth  act,  twelth  parltnincnt 
of  king  James  the  sext,f  It  isstntiue  and  or- 
dained that  no  man  openly  nor  notourhe  rflbell 
against  the  king's  persone  or  autl^iority«  or 

the  uncle  of  Tarras's  Mcood  wife,  an  account 
appears  in  the  Trial  of  Baillie  of  Jeniswood, 

p.  647,  of  this  volume. 

♦  8ee  these  two  Acts  in  the  Case  of  Lord 
Loudoun  and  others,  p.  9B9,  of  this  vol. 

f  Sec  as  to  this,  the  Case  of  lord  Loudomi 
and  others,  ^.  99't»<jtX\iVisi^V 


1067]  STATE  TRIALS,  36  Chaslbs  II.  l€$5.-^Caieofike  Earlo/TarrM,  [lOES 

mike  warr  a^^tt  the  Idng^'s  lieges,  and  that 
wher  Kay  traitors  or  rebels  repairs  in  any  part 
of  this  kingdom,  none  of  his  mi^jesties  hedges 
shall  presume  to  recept,  supplie,  or  intercomune 
whb  them,  or  give  them  any  meat,  drink,  hons, 
harbour,  or  any  relieff,  or  comfort,  under  the 
same  pain,  for  whilk  they  are  forefaulted  and 
pat  to  the  horn,  and  that  immediately  upon 
knowledge  of  their  repairing  in  the  bounds,  all 
his  nuyesties  obedient  subjects  doe  their  exact 
diligence  to  the  uttmost  of  their  power,  in 
•earching,  seeking,  taking,  and  apprehending 
tha  saids  rebdls  and  traitors,  ana  presenting 
them  to  justice,  or  in  following  of  them  till  they 
be  taken,  and  expelled  and  put  out  of  tlie  shy  re, 
and  that  immediately  they  make  intimation  to 
th^  magistrates  and  persons  of  power  and  autbo- 
ri^  in  uie  nixt  shyre,  who  shaU  be  hdden  to  doe 
the  lyke  diligence  without  delay,  and  sua  from 
diyre  to  shyre,  till  they  be  aupreliended,  and 
brought  to  justice,  or  expellea  and  pat  oat  of 
Ibis  reahne ;  and  farder,  when  ever  any  manner 
of  trators  and  rebells  happens  to  repair  in  the 
coontrey,  all  his  majesties  Hedges  knowing 
them,  or  amongst  whom  they  resort,  shall  with 
all  iMWsible  speed  oertifie  his  majesty,  or  some 
of  bis  majesties  pri?ie  councill,  or  some  of  the 
chief  persons  ot  authority,  or  credit,  dwelling 
within  the  same  shyre,  that  such  persons  (if 
they  be  known)  are  within  the  same,  and  if 
they  be  unknown,  showing  thehr  tockens  under 
the  paines  that  tiie  rebells  and  traitors  ought  to 
have  sustamed  in  their  bodies  or  gx>ods,  thenr- 
aelres,  in  case  they  had  bein  apprehended,  pre- 
sented and  convict  be  justice.  And  be  the  four- 
teinth  act,  sixt  parliament,  king  James  the  se- 
cond,* it  is  dcciaretl  that  all  wlio  shall  recept 
such  as  are  justified  by  crymes,  if  the  crime 
be  nottour,  and  thu  trcsspassor  convict  or  de- 
clared guilty,  are  ordained  to  be  punished  as  the 
principall  tresspasser,  and  by  the  nyntie  se- 
venth act,  sevendi  parliament,  king  James  the 
fyfth,  all  sheriHs,  bailzies,  and  oUicrs,  are  or- 
<{ained  to  due  diligence  to  apprehend  all  rebells 
who  are  at  the  horn,  for  capitall  crymes,  and 
that  no  man  willfully  or  willingly  recept,  sup- 
plie, mantaiiie,  defend,  or  doe  favour  to  any  of 
his  majesties  rebells,  and  being  at  the  home 
within  their  houses,  bounds,  lands,  and  bailziea- 
ries,  under  the  paii^e  of  death,  and  confiscation 
of  moveables.  And  by  the  i'yiXh  act  first  ses- 
sion  of  his  majesties  first  parliament,  it  is  de- 
clared, that  it  shall  be  high  treason  for  the  sub- 
jects of  this  realme,  or  any  number  of  them,  less 
or  more,  upon  any  gn>und  or  pretext  whatsoin- 
evcr  to  rise  or  contin  iic  in  arme8,to  make  peace  or 
warr  without  his  majesties  si)eciatl  authority  and 
approbation  first  interponed  thereto.  And  be  the 
tirst  act  eighteinth  parliament,  king  James  the 
sixt,  the  estates  of  parliament  faithfully  pro- 
mise perpetually  to  ol)ey,  niautaine  and  de- 
fend the  ]>rerogativc  royal  of  his  sacred  majesty 
his  airs  and  successors,  and  priviledges  of  hus 
I  Midlines  crow  n  v*  itli  their  lives,  lands  and  goods. 


*  ,\^  .'*  litis,  t^.v  the  Case  of  lord  Loudoun 
o'.i;-  :o.  ;i,  Intbre  referred  to. 


And  be  the  second  act,  aecood  session  of  bii 
ies  first  parliament,  It  is  statute  and 
lained  that  it  any  person  or  persoos  abai, 
berefter,  plot,  contrive,  or  intend  death,  or 
destruction  to  bis  majesty,  or  any  bodily  harnt 
tending  to  death  of  destruction,  or  any  reaCrnit 
upon  his  royall  person,  or  to  deprive  depose  or 
suspend  him  from  the  style  bonour  or  the 
kinglie  name  of  the  imperial  crown  of  iftii 
vealm,  or  any  others  bis  majesties  domiMi^ 
or  tosospend  his  majestie  from  the  exercise  ef 
bis  royaU  government,  or  to  levie  warr  or  I^k 
up  ormes  against  bis  majestie  or  oay  comIi 
aionat  by  him,  or  shallintyse  any  strongcn  Is 
invade  any  of  bis  majesties  dominions,  and  lUI 
by  wry  ting,  printing,  and  other  malioiOilB  mi 
advysed,  speaking,  express  and  declare  wtdk 
then-  treasonable  mtentions,  efter  sneb  pcnn 
or  iiersons  being  npon  sufficient  nrobatieale- 
goUie  convict  tberof.  Shall  be  deemed,  de- 
dared  and  adjudged  traitors,  and  shaU  idfcr 
forefoulture  of  life,  honours,  lands  and  mil, 
as  in  the  cases  of  treason.  Lvk  aa,  by  rnee- 
cond  act  of  his  majesties  tnird  pariiaftf 
It  is  declared  high  treason  in  any  of  the  sdb- 
jects  of  this  realm  by  wryting  speaking  orloy 
other  mtoner  of  way  to  endeavovur  tnt  odv* 
pation,  suspensiou  or  divertion  of  tbeiigllfll 
succession  to  the  imperiall  crown  of  this  I 
or  the  debarring  the  nixt  lawfull  i 
the  immediat  actudl,  full  and  free 
tion  of  the  government  conform  to  the  lawoi  rf 
this  realm,  and  that  all  such  attempts  eal 
designs  shall  inferr  against  them  the  pamif 
treason.  Notwithstanding  whereof  therbci^f 
a  treasonable  d^igu  in  England,  for  liseinff  is 
arms  against  tne  king  our  soveraigne  (wm 
God  preserve)  and  for  killing  or  at  least  seixin^ 
on  1 1  is  sacred  person,  and  the  person  of  ha 
royall  highness,  and  for  forcing  his  majestiBM 
condescend  to  such  proposalls  as  they  the  Mid 
damnable  conspirators  should  make,  ther  wm 
a  Juocto  lykewayes  of  the  Scottish  natiaa 
called  up  by  them,  and  who  did  meet  and  m- 
scmble  themselves  together  at  London,  in  the 
moneths  of  February,  March,  April  or  Hij 
1683  years,  at  which  meeting  were  preiQl, 
The  lord  MelvilK  Mr.  Robert  Baillie  of  Jmii- 
wood,  sir  Hugh  Campbdl  of  Cessnock,  and  or 
George  Campbell  his  son,  Montgomerie  ot 
I^ngshaw,  sir  John  Cochran,  Mr.  Aobert 
Martine,  Mr.  William  Veitch,  ane  outlawed 
preacher,  and  declared  and  forfault  traitor  and 
others.  Wher  eflerthey  had  most  ireasonablj 
and  seditiously  misrepresented  his  uiajestifi 
government,  (tspeciaily  in  Scotland,  and  the 
administration  of  his  royal  highness  his  an- 
jcsties  commissioner,  and  his  judicators  dieRt 
therby  to  excite  one  another  to  the  desicpcd 
conspiracy  and  rising  intendetl  against  him, 
and  to  serve  as  a  pretext  and  blind  to  excsK 


Scotland,  and  he  earrj'ed  letters,  particulfl|T 
a  letter  from  the  said  Jerviswood  to  the  M 
Walter  earle  of  Ttorres,  abd  the  aaid  Kr.  N»- 


STATE  TRrALS,  SfiCiURLBsIL  l6*5^er  Trtaun. 


[I(ff0 


W9vn$t  Bfiyvrd  here  in  8eotltttid^  in  the 

Ik  «f  MujTt  l6HSye8Li%  be  did  a«likess 

'Tlo  tb«f  Itiird  of  Torwoodlie,  and  tliey 

!  taint  of  Pohvarti  PhiUphaug^li,  aod 

Viilter  earle  of  Tarms,  and   be  tore 

tJie  Mid  B€r*  Robert  jM^rtyne, 

{  Walt«r  carle  of  TarraSf  or  at  ietal 

ftikf^  earl^  of  Tarraa  and  the  said 

iu^b  did  ulk  of  a  nsiiig^  in  armes  upon 

'^*'"i,  if  tbe  coiiiUrey  |iariy    in  Eug- 

b*ri  thou ^b is  cd'  ^iiig'  to  arni«, 

!  iKit  fit  io  tbai  Ciiiie  to  seiy.e  upon 

id'  state,  and  other  officers  \iere, 

mir|irixe  Benviok,  and    bis  tnujesties 

i  ol  8terlin^  and  ottjere,  and  1ms  troo|)S 

mud  dragoons  trithin  tiiis  kingdom, 

the  said  WaltAir  earle  of  Tarras 

dloivsbeills,  wher  be  did  meet  with 

ol*  GttUowsbtuUs  and  Polnart^  and 

IiIm^  a^id  (jjiiiiiall  had  tnx'd  if  the  laird  otf' 

hWh  ^^oM  be  seCTCt,  be  did  ai  ia^ 

ilk  of  rysing  in  arms,   and  of  con< 

titb  the  Ule  carle  of  Argile  a  declared 

who  shoidd  land  in  tbe  West,  and  of 

the  kins'  hy  petitiooa  or  by  tbrce  to 

I  iita  foyalT  brother,  and  of  <fely  veriiig- 

la  ■  IciRal  try  ail  aa  a  sure  remedy  for 

all  diMCikfB,  and  repairing  all  dis> 

pud  repairini^  all  grievances  both  in 

,  and  as  a  certane  ste{»f>  for 

n  tbe  suocesaion  to  tbe  im- 

E>Ho,   of  tills  his  majesties  anncient 

And  if  this  was  not  done  to  the 

'  ric  the  0|iportumEy  would  be 

overtures  were  concerted 

'.  f>ariuai  s  irtends  at  Londoo,  and  the 

tie  (for  so  he  called  the  saids  con* 

|iind  then  it  was  positivelie  talked  off, 

}  other  of  them  that  upon  the  certaue 

"Soghf'*"'^  Vx.  .t,o|.  IP  the  fields,  those  of 

uihcni  »>  lild  presently  rise  and 

;  mail,   _:,  u.^y  could  who  should  be 

al  niiii  stragglerH^  and  tbat  officers 

Ititetl  to  command.     And  that  then 

of  Argile  was  to  come  from 

1  sir  John  Cochran  from  Eog- 

\  the  wtst  (vjuntry,  anil  ther  was  a  sign 
rord  appoynieil  fur  tbes  tbey  call  honest 
i  Imow  ane  anotber  by.  And  that  upon 
rs  the  said  pannal  and  they  were  to 
I  iMJ,  tl»ey  were  to  meet  upon 
Iter.  Which  overtures  or 
i  iiiL'm,  the  siiid  Walter  earle  of 
inade  or  beard  and  concealed 
r  at  Icnat  he  did  talk  what  was  to  be 
I  should  rise,  and  did  treat  of 
or  thr  late  earle  of  Argile  a  de- 
r,  lOiiie  assistance  here ;  or  tlie  Kaid 
nQ^  present  wher  these  or  some 
urea  as  tlM»  wer  treated  be  did  con- 
L^fweai  the  same n.  Through  the 
^  whieh  erymes  aboTe  written, 
INi,4ii«  was  gudty  of  the  com- 
Trgjiaom  and  h  actor,  art  and 
Iwhich  being  founil  be  ane  as- 
Jhfk  la  be  nunish(?d  with  forfaul* 
takfidip  ina  goQik^  to  the  terror 


and  ejEatnple  of  others  to  committ  the  Uke  her* 
eaer. 

Persaoer, — Sir  George  M*Keuzieof  Itos^' 
haugb,  his  Majesties  Advocat. 

His  Majesties  Advocat  produced  a  Warranit 
of  Prif y  Council,  for  persewing  and  insisting 
against  'the  said  earie,  whcreoi'  the  tenour  lol- 

lowes  : 

**  Edinburgh  the  day  of  November  168.J, 
the  Lords  of  his  Majesties  Privy  Councill 
doe  heirby  give  order  and  warrand,  to  hia 
Majpsties  Advocat  to  persew  a  proces  of  trea- 
son before  the  Lords  Commissioners  of  Justi- 
ciary, against  Walter  earle  of  Tarras  for  tlte 
crymes  of  treason  and  rebellion,  and  othert 
wbereQ|Km  his  Majesties  Advocat  shall  indyl 
him.     Extract  by  me, 

Sic  SubscribUur.       Wiliiau  Patersok.** 

Tbe  earle  of  Tarraa  produced  a  Petidon 
under  his  hand  direct  to  tbe  king's  most  sacred 
Majesty,  whereof  the  tenor  foUowea ; 

**  To  his  most  sacred  Majestie,  tbe  humble 
Submission  and  Petition  of  >VaUer  earle  of 
TairaSt  humbly  she  wet  b,  Tliat  his  Majesties 
petitioner  liaving  rec^ved  ane  indytment  of 
High  Treason,  at  the  instance  of  his  Majesties 
Advocat,  for  the  crymes  of  treason  therein 
mentioned,  and  the  petitioner  being  concious 
to  himself  <tf  his  haynous  guilt  therein,  be  is 
resolved  in  place  of  all  other  defences  to  U>rough 
himself  at  his  Majesties  feet,  and  submitt  ta 
his  Majesties  mercy,  his  only  hones  and  trust 
being  in  his  sacred  Majesties  clemciu^y  and 
goodness,  that  his  Majestie  would  be  graciously 
pleased  to  J»ardon  tlie  petitioner's  crymes  uud 
by  tbe sparmg  of  bb  life,  giving  htm  opportunitjr 
for  tbe  tyme  to  come  in  some  measure  to  ex^ 
piat  his  former  cryms  and  offences  by  bis 
uutifull  and  loyall  tUportment  to  his  Majesty 
and  bis  successors,  v*  Inch  by  the  grace  of  Al- 
mighty God,  the  |)etitioner  will  for  ever  her- 
efier  inviolablie  preserve,  Su  he  doth  most 
bumbhc  acknowledge  hiti  ipfuilt  conforme  to  hit 
Confession  given  under  his  band  to  the  Lorda 
of  the  Secret  Committee  the  day  of  November 
last,  to  which  he  dues  adhere,  and  holds  the 
same  as  liere  repeated,  and  freely  coulesac* 
that  by  his  crymes  therein  spcci(ie<l,  liis  Ufe 
and  fortune  are  justlie  at  his  sacreil  Maiestiea 
mercy,  and  seeing  now  \m  Majesties  petitioner 
has  a  deep  sense  of  the  Im  i  .  s  of  his 
guilt,  and  a  just  abhorrenc*-  trcfison- 

able principles  and  practices,  .um,  .wndi  he  baa 
lieen  formerly  grossly  mislead  to  lii>t  great  rc- 
grate. — ^Tberfore,  hurti'«l^  *  i-iviuo;  lijg  $scred 
Majestie  to  take   tlit-  >  case  U>   his 

commiseration  and  ac*  ^        his  MajeaUet 

inherent  and  usuall  goodnei^  ami  clenieiMsy, 
to  his  penitent  subjects),  be  grac-ioutly  pleased 
to  grunt  mercy  and  {>ardon  to  tbe  |ietttkKier, 
and  he  does  faithfully  prouise  as  a  Cbrktian, 
and  a  gentleman,  that  he  shall  f>v«'r  be  a  lo^'all 
and  fsitlifull  subject  to  his. sacred  Majestie  and 
bis  royall  suooesaors. 


1071}  STATE TRIAL%»SCHAftLMlI. 

..  The  Lords  hmBtfcoimdarisd  the  iBd^rtment 
peneired  be  hii  Bf^eetiet  Advocat,  asaiiiit  the 
«u1  of  Terras,  they  find  the  fame  rdoTant  as 
lib  labelled  to  ioferr  the^rymeof  treaipa/ 
and  nmitts  the  same  to  the  Knowledge  of  the 


A8818A.t 

The  Barie  of  Strathmoir. 

The  Earle  of  Laoderdale. 

The£aileofFtoniah%     . 

The  Earie  of  Bdcarras. 

The  Lord  Gfuidair. 

Tl^  Lord  Baigany. 

TheLordRolb.  ^   . 

The  Mr.  of  Balnuninodi. 

fib  Waiiam  Dougfasy  of  Caivers. 

Sir  WiDnm  JlroinmoBd,  of  HalthoRiden. 
.  ficottofSootstarbat 

Sir  James  RiohardsoD,  of  Smettonn. 

Sir  Alexander  Torbes,  of  Tolqahon. 

8r  Robert  Baiid,  of  SangfatoohalL 

Jfr.  John  Bayne,  of  Ddney. 

The  Assyse  lawfully  sworae,  no  olyctiori  of 
^  law  in  the  contrair. 


•  Conoemmsr  Interlocutor  of  Rdevanoy» 
nee  p.  1061,  of  this  folnme. 

t  We  in  some  measure  ni^  regard  to  the 
maidm  of  trying  a  man  b^ius  peera,  or  per- 
sons of  a  di^gree  not  inferior  to  bis  own.  In 
this  view,  our  pradiee  seems  onoe  to  hafe  ro- 
qnned,  that  the  ainne  ftr  tbe  trial  of  a  hmded 
man  should  an  be  men  of  that  condition ;  and 
if  he  were  a  baron,  or  immediate  vassal  of  the 
crown,  that  at  least  half  of  the  assize  should 
be  barons  also.  To  which  effect  jud^ent 
was  giren  after  full  debate,  in  the  trial  of 
Dou^as  of  Spott,  for  the  murder  of  Home  of 
Eccles,  May  9tb,  1667.  ''  The  Justice  findi& 
the  objectiouD  against  tlie  present  assyze  rele- 
▼ant,  and  ordeins  the  perscwars  to  summond 
ane  new  assysse  to  the  fourth  day  of  June  next 
to  come,  to  which  day  they  contmue  the  tryall 
of  this  actioune ;  the  most  part  of  which  as- 
syse  to  be  of  the  laird  or  BffOti  his  owne 
qualitie,  vizt.  Barouns  holding  of  the  King^ 
and  the  rest  landit  gentlemen,  holding  either 
of  the  King,  or  of  anc^  uther  superior  be 
chartir."  In  later  times,  without  relinmiishing 
the  principle,  our  Judges  have  thus  tar  con- 
Teniently  modified  the  rule  for  such  cases, 
that  a  majority  only  of  the  assize  are  landed 
men,  and  these,  indifferently,  vassals  holding 
of  tbe  crown,  or  of  a  subject. 

**  Accordmff  to  certain  old,  but  not  very 
oondusiTe  authorities,  (Statuit.Dominns  Rex, 
quod  nullus  debet  recipere  judicium,  neque 
judicari,  a  minori  persooft  quam  a  suo  pari  ^ 
scilicet.  Comes  per  Comites,  Bare  per  Baitmes, 
Vacassor  per  Yacassores,  et  Burgensis  per 
Burgenses.  Qooniam  Attachiamenta,  c.  67 ; 
also,  Skene  on  Crimes,  c.  4.  sect  3.)  the  same 
maxim  was  to  beappUedtothe  case  of  noble- 
men also',  who  were  to  be  triad  therefore  by  an 
r  of  ptnoM  of  their  own  nigh 


l6H^^^am  qfUiA  EmrltjfTkmi 

His  Mitjaiia  Ad9ocat  for  Phibati 
the  pan DalL*s  judicial  Confession  .in  ] 
the  J^tices  imd  Assiier%  wherof  th< 
luwea : 

Walier  earl  of  Ikrra$,  aAer  rend 
iudy  tment  in  presenea  of  the  Jnstic 
steers,  confesses  that  about  the  qr  n 
Cocbrau  aud  commiaiar  Monro  goCt 
missioti  fhv  t  be  CiroUna  bonness  fro 
Mr.  Robert  Bailhe,  of  Jenriswood,  < 
paQTiall  tu  speak  to  CommisBsr  Mob 
be  cauU  get  him  added  to  that  o 
and  that  Jerriswood  told  the  pann 
was  to  goe  to  London,  however  npQ 
expence^,  aiid  that  his  and  their  g 
the  CaroUua  business  was  hot  a  pr 
a  bltad  ;  but  that  the  true  desigiie  f 
farwanl  the  neople  of  England,  { 
doe  nothing  out  talk)  to  goe  more 
about  the  business  and  doe  somthi 
fesses  that  Jerviswood  did  setlen 
dance  with  him  the  pannall,  whei 

degr^.  But,  although  it  often  ha| 
DoBlemeQ  were  summoned  to  thi 
such  occasions,  as  there  was  an  ol 
ptiety  in  granting  snch  an  indulg 
it  c<)uld  ooiiTeni^tly  be  done;  yet 
appear  that  we  ever  came  to  ackm 
absolute  rule,  of  composing  a 
assize  either  entirely  of  noblemen, 
the  inajrjt-  part,  but  only  of  landed  i 
indi^  for  long,  and  until  the  iiilles 
or  parliamcatwy  representationy  tl 
noble  tnen  and  other  barons,  or  imn 
sals  of  the  crown,  were  truly  one  an 
and  therefore  peers  to  each  other  i 
se[)|e  of  law.  Thus,  on  the  tiii 
Doitglas,  lady  Glamyss,  July  14ih, 
1537,  for  treason,  only  fiye  noblei 
the  atrai/,e;  on  that  of  the  eait  • 
Fchruarv  1st,  1615,  eleven  uoklen 
four  landed  men ;  on  that  of  lord 
February  1 1th,  and  March  20th, 
nohlemeii,  ^ix  baronets,  and  one  li 
on  ttiat  of  the  viscount  Frendra 
4th,  1664,  two  noblemen  only,  loi 
and  lord  Dankeld ;  and  on  that  of 
Argyle,  December  13th,  1681,  i 
men,  ajong  with  eleven  noblemen 
more  express ;  on  November  14th 
earl  of  Trai|uair  [see  MS.  absti 
book»  of  adjournal,  in  the  advocat 
for  there  is  not  now  extant  any  ori| 
of  1655'],  havine  claimed  a  jury  a 
the  judges  of  that  time  found  in 
that  the  precedents  which  he  appea 
only  in  cases  of  treason,  and  theref< 
his  p!€a  in  law ;  but  cj  gratUiy  app( 
noblemen  to  sit  on  the  assize  alon 
others,  who  were  all  of  the  deg 
ronet,'*  Hume's  Comment,  chap. 
S,  p.  97,  et  seq.  See  also  in  this 
the  Proteet  of  lord  Linlithgow,  ml 
the  eart  of  London^  p.  IOOS9  of  tl 
I  Set  too  p.  1043. 


STATE  TRIALS,  3$  Charles  11.  i685.— /or  Treason. 


ri074 


^  aCMiint  tti  the  pannall,  what  should 
lh«  I'utmti'ey  party  iti  Eno^lantlt 
itKmtn  tlier.    Ami  on  ihe  other liao«l, 
11  was  to  write  to  him  what  occurred 
ronff*^t*!«  that  JerTi8vvo<»d  sayd  to  him, 
r  the  purJimnent  of  Eiig- 
Biil  of  Seclusion,  that. 


the  oulv  \yii'y  to  secure  the  Protesitant    sure  reineily  ihr  settlincr  all  disorders^  and  re- 


I      Confesses' that  Jervii^wootl  said   to 

fc     '     '  -htbeindurcd  to  do  so  if 

It  ike  sharp,  or  brisk  oiea- 

^iti  ii;u«,  or  tmriyke  \vor<ls.     Confesses 

krdjt  weiT  spoken  by  Jerviswood  to  him, 

^..  i,,,",!,„f_r  of  the  last  session  of  this 

ritf  and  before  Jen'iswood  and 

i^  u    **eDt  for  London*    Con- 

li  Jerviswood  went  tor  London, 

'  rum  all  ane  account  by  letters, 

were  in  g^reat  disorder  ther,  and 

■  thcr  would  be  eflectual  courses 

remeld  them.     Confesses  that  ^Ir. 

iil«jrtyn«?catue  to  Torwoodlie-s  house, 

11^83,  or  « hereby,  and  brought  a  letter 

looalt^alady  unsubscribeil.  but  the  pan* 

kwea  tt  was  Jer vis  wood *«   write,  w\m 

I  at  London,  and  that  3Ir,  Martine  lohl 

nal),  that  thio^  in  England   wer  tu 

lorder,  and  lyke  to  come  to  ane  heiglit, 

tbecountrey  party  wer  considering  on 

lor  securing'  tlie  Protestant  religion  ; 

;  Archib;ild  soratyjue  earl  of  Arg-yle, 

Set   ten   thousand    pounds    sleniog-. 
rettie  thousand  pountls  sterKng^  was 
ijr  the  Scotsmen  at  London  which  was 
tover  to  Holland,  to  provyd  arms,  and 
ble  Argyle  was  to    land   with  thes 
the  west  hig^hlaods  in  iScotlnnd,  and 
rawoo<l  was  to  be  sent  over  with  the 
Confcffiies  that  Phihphaugh  and  he 
GaJlowshtePs  house,  wher  they  met 
Iwartand  Gallowsbiels,  and  that  it  was 
I  'u  HI  tber,  that  in  case  those  ia 

|(  rise  in  arme<i,  that  it  wer  ue- 

i  -  *hat  so  many  as  could  be 

I  ,  should  be  in  readieness 

|v ».^->.-.  ,  and  seiaie  upon  horf^es, 

Mter  tbey  should  joine  with  those  that 
famis  on  the  horders  of  England,  Con- 
I  case  forsaJd,  it  was  said  tliut 

I  tJie  castle  of  Slirline,  Ber- 
iOiiia   other  streugths  should    he 
ipon,   nod   that    the    king^s  oiiicers 
should  be  seized  upou^  and  it  \vai 
e»    spoke    off  amongst    them,   that 
>na   Hhould    be   imployed    to    en- 
bat    armes    was    in  that    countrey. 
that  it  was  spoke   there^  that  tfie 
for    Argyle,     was    to    kind     in 
"^  there  was  a  sturre  in  England, 
f>rds  to  that  purpose.     Con- 
""'*  J.'v;if.|i  anotht^r  to  speak 
►s  I  hey  could  trust 

;:,  liitrtfu'   ilfUlU   SUp- 

('  lud,  con- 

rr      ^     ^  uu*m ;  and 

told  by   IM)iii[jhuiigh,  therefter, 

ftm  A  ivortl  aud  iigati  used  ajuougst 


them,  VIZ.  the  signe  was  by  loosing  a  huttoo 
on  I  he  breast,  and  tliat  the  word  waij  *  Imr- 
*  mony,*  Confesses  that  at  the  house  of  Cial- 
lowshiells  he  heard  it  spoke  ofl,  that  the  king 
by  pt-^Utions  or  force,  might  he  brought  to  uban- 
lion  his  rayall  brother,  and  to  delyver  him  to  a 
legall   try  all,  (or  words  to  tiiat  purpose)  as  a 


pairing  all  grievanees,  berth  in  England  and 
Si^tland,  and  a  certane  step  for  secludiiig  the 
duke  froju  the  succesaiion.  And  lliat  he  heard 
It  talked  ther,  that  sir  John  Cuchrau  was  Ih 
come  to  Hcoilund  with  the  rest  of  the  8c«tsmeu. 
Sic  Subscrit/ttury  TAttius, 

LlNLlTtiOOW  L  P.  D« 

James  Murray  of  Philiphaugh,  aged  threlty 
years,  marryed,  purged  and  »ivnroe,  <ind  his 
former  deposition  tiiiiifed  by  hini,  and  rrnewed 
before  the  justices  in  the  tryal  against  Jervis- 
wood,  being  now  againe  publictlie  reail  in  pre- 
sence of  the  ju^ices  and  a^^sizers,  he  judiciallr 
adhered  tbereloin  all  poynts,  and  thut  the  same 
is  truOi,  as  be  shall  answer  to  Goth 

Sk  Sii bicribi tar,  J  a .  M u aiu y . 

Hugh  Scot  of  Galtowshiels,  age4  threttv  six 

3  ear*!,  maiTyt'd,  purged  aufl  sworne,  an(i  his 
former  depoyitluns  emitted  by  him,  and  reurwed 
before  the  justices  iti  tUf  11-3  all  against  Jervis- 
wood,  bemg  now  again  publictlie  read  in  pre- 
sence nfihe  justices  and  a-ssysers.  bejudlciuHy 
adheres  thereto  in  atl  ptiynts^  and  ihirt  the  Kama 
is  trutli,  as  he  shall  ansi^er  10  GonI, 
Sk  JSu  bicribit  u  r ,         Fl  u  Ci u  8c ot, 

LiNuniGow  i.  P,  D. 

The  Lords  ordaine  the  Assysers  to  inclo&e 
and  returne  their  Verdict  to  morruw,  at  twelve 
<*'clock. 

CcRiA  JusTictARi^,  S.  D,  N.  Re^  tenta  in 
Prcttirio  Burgi  de  Edinburgh,  sexto  die 
mensifl^  January  millesimo  sexcentesimo 
octuagesiino  qui  nit*,  per  Nobdem  et  Po- 
lenlem  Comitpm  Georgium  Comilem  de 
Linlithgow,  Justiciarium  General  em,  et 
lifinurabdes  virus,  Jlominos,  Jacobum 
Foulis  de  Collingtoun,  Justiciarie  Cle- 
ricum,  Johannem  Lockhart  de  Castiehill, 
Davidem  BaHour  de  Foiret,  Rfigerum  Hog 
de  Rarcars!^,  Alcxandrum  Setou  de  i'it- 
medden,  et  Patricium  Lyon  de  C'at^s 
CoinmLssionaris  Justiciariie  dicti  S.  D.  N. 
Hegis. 

*  Curia  legitime  atilrmata. 

The  said  day  the  noblemen  and  gentlemen 
who  past  u[ion  the  Assyse  of  Waller  earle  of 
Tarras,  retuni**d  their  \crdiclrii  presence  of  the 
saids  lord^,  wherof  the  tenour  fbllowes  :  ^ 

**  The  Assyse  by  their  unaninious  voice  6ad 
the  cr3fmes  of  art  and  part  as  lieing  upon  the 
dofurivunce  of  the  conspiracy  lybdieti,  and  in 
con  c«;  a  I  log  and  not  revealing  the  same,  and  ol 
hm  accession  to  the  designe  of  *et:luding  his 
nn'allhiglmess  the  duke  from  tUe  ^wcsx^'*^'!^^^. 
proven  agtdfu^t  V\  f^vsi  %».t'WQ^'\'4\\%%  ^«  ^^i«s^- 

3Z 


I 


1075]   STATE  TRIAIA  36  CHABtESlLl685/-a»f^l*eJS«#i!frtfrr«,  [M75 


.  nail,  in  respect  of  the  panDall's  confession  and 
petition,  and  the  deposition  of  the  witnesses  ad- 
duced. 
ak  Subscrib.       Lauderdale,  ChonceHor. 

After  reading  and  producing  of  the  whilk 
Terdict  of  assysc,  the  lords  justice  general, 
justice  clerk,  and  commissioners  of  justiciary 
"  thecfor  be  the  mouth'  of  James  Johnstoun, 
dempster  of  court,  decerned  and  adjudged  the 
Shid  Walter  earle  of  Tarras  to  be  execute  to  the 
death,  demained  as  a  traitor,  and  to  nnderlye 
ilie  paines  of  treason,  and  utter  punishment  ap- 
pointed by  the  lawes  of  this  real  me,  at  such  a 
tyme,  place,  and  in  such  manner  as  the  king's 
most  excellent  majesty  shall  appoynt,  and  or- 
daines  his  name,  fame,  memory  and  honours  to 
be  extinct,  his  blood  to  be  tainted,  and  his  armes 
to  be  riven  furtli,  and  delate  out  of  the-  books 
of  armes,  sua  thai  his  posterity  mav  never 
have  place,  nor  be  able  hereilcr  to  bruilc  or  in- 
joy  any  honours,  offices,  titles  or  dignities, 
M'lthin  this  realme  in  tyme  coming,  and  to  have 
forfault  amitted,  vl-mI  tint  all  and  sundry  his 
lands,  heretasfcA,  titles,  othces,  tacks,  steddings, 
roomes,  |)ossc>ssiunei,  goods,  and  geir  uhatsoni- 
cvcr  i>ertaining  to  him,  to  our  soveraign  lord's 
use,  to  reraaine  pcrpetualiie  with  his  highness 
in  property,  which  is  pronounced  for  Doom. 


At  a   Mectintf  of  the   Council,  apud  Edin- 
burgum,  Quario  die  Februw  i;,  1685. 

The  Letter  under  written,  direct  from  the 
king  to  the  coumnll,  givt  Imit  order  for  Walter 
Earic  of  Tarras  liberty  upon  his  j/iveing  ufoo«l 
and  sutficicnt  st;r.urii  v  in  llie  teriiics  mviitioncd 
in  the  s:iid  l.<*Ut'r  being  leud,  was  ordered  to 
be  r(!Conird  in  the  books  of  piivic  cnuucill, 
and  the  clerks  wer  appoynti-d  to  prepare  the 
draught  of  a  remissiiMK;  to  hiui  i'or  his  lyie 
only,  in  such  tcruirsas  the*  councill  shall  think 
reasonable  ;  and  upon  this  ryse,  it  was  or- 
dered, That  all  sigoaliires  for  remissions  here- 
after shall  bear,  tiiat  the  same  are  to  passe  in 
the  ordinary  forme,  and  not  pfr  suUnmy  as  has 
Ix-eu  of  late  dune,  of  which  letter  the  tenor 
follow  cs : 

'  Charles  R. 

*  Uiglit  trusty  and  rijjl it  well  beloved  cou- 
«  sins  and  ecainceilors,   riLfht   trusty  and  well 

*  bel!iv«.<l  cousins  and  eouiicellors,  rii>[ht  trusty 
*■  and  well  beloved  counsellors,  and  trusty  and 
'  well    belovtd  counoellors,    Wee    j^reet  you 

*  well.    W  bereas  in  compassioue   of  the   con- 

*  diiioii'Mjv  U'aller  Scott,  late  earle  of  Tarras 
'  (now  a  prisoner  tlicre  under  the  sentence  of 

*  riiiideiViiiutlone  for  high  treason)  and  in  con- 

*  sideratione  of  the  great  penitenee  sheweii  by 

*  him  as  well  lieforc  and  at  as  shice  his  tryall, 

*  wee  are  now  graciously  resolveil  to  grant  him 

*  a  rcmissione  as  to  his  fife  only,  in  such  termes 
<  as  you  shall  think  reas«)nable  to  advise  us. 
'  It  is  now  our  will  and  pleasure,  and  wee  doe 

*  bereby  authorize  and  re^uyrt  you  to  teU 


<  him  at  liberty,  npoo  hia  gnrong  gsod  tad 

<  sufficient  security  for  hia  appearanoa  befiiit 

*  you  at  whatsoeyer  tyme  or  tyoMa  he  M^ 
'  Be  by  you  tbereuuto  requyred,  and  to  cauK 

*  such  a  remissione  to  be  drawoe  tbeie  and 
^  sent  up  to  oup  sacretariea  of  state,  ftrtbtt 
'  our  ancient  kingdome  as  you  shall  judge  ita- 
'  sonable  to  be  granted  unto  him  in  the  tanM 
(  atbresaid,  which  shall  be  soon  signed  by  m 

<  and  returned,  in  order  to  the  securHy  of  hii 
'  life  and  personall  freedome,  with  bis  reitu- 
*•  ratione  to  his  natue,  lame  and  good  rppoti- 
'  tion  ;    for  doing    all  which   these  pretnti 

<  shall  be  to  you  and  all  others  respecti? dj, 

*  who  may  he  therein  concerned,  a  saffioMt 

<  warrant.    And  so  wee  bid  you  heartily  &k- 

*  well.     Given  at  our  court  at  WhytehiU  d» 

*  twentiieth  and  nynth  day  of  January,  1684-5, 

<  and  of  our  reigne  the  36th  year,  by  his  ■!• 

*  jesty*s  command. 

Sic  Subscribilur,  •  L  DaoMMOi*.* 


The  Lords  of  his  majesties  privie 
doe  hereby  recommend  to  the  lord  hiffh  dm- 
cellor,  to  give  warrant  for  the  said  Waller  hH 
earieofTarrasUbertv,  upon  his  findmgseci* 
rity  in  the  termes  of  nis  majesty's  letter,  under 
su<'h  a  penalty  as  his  lordship  shall  think  ftt, 
and  to  give  warrant  to  the  clerks  for  receansf 
the  security,  and  his  lordship  b  to  designe  thi 
penalty. 

And  upon  March  10th,  the  earl  waaaHeMi 
by  the  Council  to  go  to  the  country  fi»^ 
health  upon  his  bond  to  compear  when  ciiMi 

On  the  16ih  of  June,  1685,  "  AM  and  whit- 
soever  the  lands,  lonlships,  baronies,  JiereligBi 
roums,  possessions,  milns,  woods,  fishings 
tacks,  steedings,  teimls,  annuabrents,  palnm- 
aijos,  wodseiN,  expyred  apprv sings  and  KJ*" 
dieations,  castles,  toweni,  fortahces,  hoofOi 
biggings,  yainis,  orchyainis,  annexis,  connexis 
tennenis,  gowls  and  aikers,  and  all  other  hert- 
tages,  lands  and  estates  whatsomever  pertM- 
ing  and  belonging  to  the  earle  of  Tarras,  iw 
several  other  persons  who  ha<l  of  Ute  beat 
lbrrfaulte<l  upon  processes  of  treason,  intent^ 
at  the  instance  of  sir  George  Mackenaie  Hi 
mdjesly's  advocat  against  them,  both  before  tbi 
hitjh  court  of  parliament  and  the  comniissinaen 
of  justiciary,  were  annexed  to  the  crown,*  by 
the  42nd  act  of  the  1st  session  of  king  Jsmef 
the  seventh's  first  parliament.  However,  ia 
the  iollowing  year  was  i>assed  the  fonowmj 
act  (29th  of  the  2nd  session  of  king  James  die 
seventh's  1st  parliament:) 


Act  OF  Dissolution  in  favours  of  tab  UH 
Eaiil  of  Tarr-vs.— June  15tk  16S6. 


Our  Sovereign  LonI  and  estates  of  [ 
mcnt,  taking  into  their  considerauon,  Thai  bi« 
majesties  commissioner,  as  having  special  <yir* 
ran«l  and  instruction  from  his  majesty, '     ^ 


*  As  to  this  see  a  Note  p.  1009,  t£M 
volume. 


1077] 


STATE  TRIALS,  36  Charles  IL  1085.— /or  Treason. 


[107S 


propotad  and  ezpoanded  in  plain  parliaraent, 
Ibe  crest  beneOte  and  aikantafi^e,  that  did  arise 
to  the  crown  and  go?eninicnt  of  this  kingdom, 

Sdia  full  and  sincere  confession  made  by 
aker  lale  esri  of  Tarras,  of  se?eral  matters 
•od  circumstances,  relating  to  the  late  horrid^ 
«aM|uracy,  the  discovery  whereof,  did  in  a 
ippcat  measure  contribute  towards  the  prevent- 
pag  the  filial  consequences  and  effects,  which 
flo  apparently  threatened  the  peace  of  his  roa- 
jasty'a  dominions.  As  also  the  promises  and 
AsawmDcea  given  to  him  at  the  time  of  the  said 
discovery  oi  bis  prince's  bounty  and  favour  upon 
tkat  account  *  :  All  which  bemg  proposed  and 
laid  open  in  plain  parliament,  to  the  end  the 
three  estates  might  irive  his  majesty  their 
jadgraent,  advice  and  determination  re  intcfirAy 
whether  the  same  were  true,  good,  and  reason- 
able causes  for  dissolving  from  the  ci-own,  the 
luds  of  Robertoun,  Howcleuch,  and  Borth- 
wick  Mains,  with  the  pei^oents  which  for- 
PMTJv  appertained  to  the  said  Walter,  late  earl 
^  Tarraa,  and  came  in  his  majesties  hands 


r 


_  the  doom  and  sent  cncc  of  forefaulture, 
riffcs  and  pronounced  against  him  before  the 
LBrds  of  his  majesties  justiciary,  upon  the 

day  of  one  thousand  six  hun- 

fcd  years,  and  were   annexed  to   the 

fpovB,  by  the  4 2d  act  of  the  fir&t  sep«U)n  of 
Ait  current  parliament ;  and  the  saiui  c-Tfates 
sf  parliament,  after  mature  deliberation,  and 
^piiBff  and  consulting  anent  the  premisses, 
|iii|p- hilly  satisfied  and  convinced,  that  the 
ftMHiiaM'  services  done  and  performed  by  the 
VJl  Walter  late  earl  of  Tarras,  in  his  confes- 
'  discovery  foresaid,  and  the  benefit  and 
thereby  accruing  to  the  crown  and 
^«wufl,  and  the  promises  and  assurances 
rcnto  him  of  his  prince's  bounty  and  favour 
troth  whereof  is  sufficiently  known,  and 
VpS  made  appear  to  them,  are  just,  weighty  and 
fapMtant  causes^  concerning  both  his  majes- 
Hsmterest,  and  the  public  good  and  welfare 
if  this  kiDffdom,  that  they  snould  advise'  and 
iMKiit  to  his  majesties  giving  and  disponing  of 
^swids  lands  of  Robertoun,  Howelcuch,  and 
BMrthwiek-Mains,  with  the  pertinents,  to  the 
\9i$k  Walter  late  earl  of  Tarras,  his  heirs  and 
Higneys ;  and  for  that  effect,  that  the  same 
Asud  De  dissolved  from  the  crown,  and  from 
tftt  foKfaid  Act  of  Annexation .  Therefore,  U  is 
Ity,  with  advice  and  constant  of  the  es- 
'of  parliament,  decerns,  ordains,  and  de- 
that  thesaids  lands  of  Robertoun,  How- 
i,  and  Berth  wick  Mains,  with  the  perti- 
-  ,may  be  dis|>«)ne<l  to  the  snid  Walter, 
hit  earl  of  Tarras,  and  his  foresaids;  and  tor 
Ibit effect,  has  dissolved,  and  hen>hy  dissolves 
Ihsaame  from  the  crown  and  patrintony  t here- 
to aad  from  the  foresaid  Act  of  Annexation 

*t  

:*.Upon  the  Trial  of  Baillie  of  Jervisivood 
tbGNrge  M'Kenzic  the  king's  advo<'atf\  in 
^riHaiamg  the  admissibility  ofTerras^s  te<iti- 
■mj,  Mody  thai  the  earl  had  not,  nor  had  he 
^  '  ;  aDV  security  in  order  to  hi«  de* 

\  p.  069  of  this  Volume. 


made  the  sixteenth  day  of  Jime  one  thousand 
six  hundred  eighty  nve,  and  from  all  other 
acts  of  annexation,  and  from  all  clauses,  qua- 
lities, and  conditions  therein  contained.  And 
his  majesty,  with  advice  and  consent  foresaid, 
finds,  decerns,  and  declares.  That  this  present 
act  of  dissolution,  having  proceeded  uiM>n  the 
advice  and  deliberation  of  the  estates  or  parlia- 
ment re  Integra,  and  i'ound  hy  the  saids  estates, 
to  be  tbr^reat,  weighty,  and  reasonable  causes, 
concerning  the  o^oud,  welfare  and  public  interest 
of  the  whole  kingdom,  first  pn)|)Osed  and  ad- 
vised, and  maturely  pondered  and  considered 
befure  any  preuous  grant  or  other  right  or  deed 
given,  made,  or  done  by  his  niajesty ,  in  favours 
of  the  said  VValtcr  late  earl  of  Tarras,  and  his 
foresaids,  of  tlte  lands  and  others  above  men- 
tioned, or  a,ny  part  or  portion  of  the  same,  does 
fully  satisfie  the  whole  clauses,  conditions,  and 
qualifications  contained  in  the  forsaid  act  of 
annexation,  and  shall  have  the  force,  strength, 
and  effect  of  a  general  law,  or  act  of  parlia- 
ment, and  shall  be  also  valid  and  eflectua!  to 
the  said  Walter  late  earl  of  Tarras,  and  his 
foresaids,  for  their  security  of  the  lands  and 
others  above- exprest,  as  any  other  act  of  dis* 
solution,  granted  by  his  majesty,  or  his  royal 
ancestors,  with  advice  and  consent  of  the  es* 
tales  of  parliament,  in  favours  of  whatsoever 
person  at  any  time  heretofore.  Likcas  liiv 
majesty,  with  advice  and  consent  tbresaid, 
finds,  decerns^  and  declares.  That  this  present 
Act  of  Dissolution  shall  not  be  understood  to 
to  fall  under  or  be  com])rehended  in  any  act 
Salvojure,*  to  be  past  in  this,  or  any  otlier 

*  It  was  usual,  at  the  end  of  a  session  of  the 
parliament  of  Scotland,  to  pass  an  act  saving 
the  rights  of  persons  who  had  not  been  heai^ 
previously  to  the  passing  of  acts  by  which 
their  interests  might  be  affected,  'this  was 
called  **  Act  Salvo  Jure  Cujuslibet."  Thus,  the 
following  was  passed  at  the  end  of  the  session 
in  which  this  act  in  fovour  of  Lord  Tarras  bad 
been  enacted. 
»  Act  Salvo  Jure  CujusUbctj  June  15, 1686.' 
<  Our  sovereign  Lord,  taking  to  consider- 
'  ation,  that  there  are  several  acts  of  ratifica- 

<  tion,  and  others  past  and  made  in  this  session 

*  of  parliament,  in  favours  of  particular  per- 

<  sons,  without  calling  or  hearing  of  sucn  as 

*  may    be  thereby   concerned  or    prejudged. 

*  Therefore  his  m'njesty,  with  advice  and  c(m- 

*  sent  of  the  estates  of  parliament,  statutes  and 

<  ordaiiiH,  That  all  such    particular  acts,  and 

<  arts  of  ratification  past  in  manner  foresaid, 

*  shall  not  j»rejud;;e  any  third  part}'  of  their 

*  lawful  riirhts,  nor  of 'their  nrrions  and  de- 

<  fences coHiiKftentihiTeupon,  bL*fore  the  iu:iking 

*  of  the  saids  partieulflr  acts,  un<!  nets  of  rati- 
i  '  fixations ;  and  that  the  lords  of  session,  and 

*  all   other  jinlire!*  of  this  kini^Iom,   shall  be 

*  ohlisrod  to  jin!«i"e  lH»twixt  pnrtios.  according  to 

*  th«ir  several  riofht»<,  standinir  in  their  persons, 
^  l>efore  the  mnkintf  oft  he  saids  acts  :  all  which 

<  are  hcrrbv  e\i»oned,  and  d(>clared  to  have  been 

*  made  ibu'vo  Jure  CujuiUbU? 


«  Octol>er  ist,  1684.  The  earl  of  Tarns  by 
a  petition  casts  himself  on  the  king's  mercy 


hopes  tt 


Z079]  STATE  TRIALS,  1  Jambs  n.  l585<— TraJ  ^ TUm»  Oaia,        [KRO 

session  of  this  current  parliament,  hot  is  here- 
by excepted  therefrom  ia  all  time  coming. 

It  appears,  that  Tarras  engaged  in  the  Con- 
federacy preparatory  to  the  Revolution,  (8ee 
4  Laio^JTt  Vd6^  187.)  And  he  is  one  of  the  sub- 
scribers to  the  *'*'  Act  declarins:  the  meetinG^  of 
the  estates  to  be  a  free  and  lawful  meeting." 

FautttainhaU'i  Notices  of  thit  Case  are  asfol- 
io»$: 


and  will,  acknowled^  his  guilty  i 
it  by  his  youth  and  ignoranoe;  ^ 
obtain  a  pardon* 

««  Feb.  5.  1685.  The  eail  of  Tarns't  ranii. 
sion  »«  passed,  and  he  was  set  at  Vhehj  ont  sf 
castle,  it  only  pardons  him  his  fife,  hot 
does  not  restore  to  his  title  of  honoor,  (whieb 
eren  b^bre  was  only  ad  viiam^)  and  then  wn 
no  account  how  his  estate  was  to  be  dispossd  «( 
or  how  much  thereof  thereof  they  would  allsv 
to  himself.  Nota.  It  wm  miWniwds  aimezed 
to  the  ci'own,  by  the  43d  ad  of  paittiflMat 
1685." 


S22.  The  Trial  of  Titus  Gates,  D.D.*  at  the  Kiug's-Bcncb,  for 
Perjury:  1  James  II.  a.  d.  1685. 

pray  I  may-  hsTc  some  conrenieiiey  ftrii 
magii 
L.C 


May  8,  1685. 

This  day  being  appointed  lor  the  trial  of 
one  of  the  causes  l>etween  our  sorereign  lord 
the  king,  and  Titus  Gates,  for  Perjuror;  the 
same  began  between  eight  and  nine  in  the 
morning,  and  proceeded  in  the  manner  fol- 
lowing. First,  Proclamation  w^  made  for 
■Uence,  then  the  Defendant  was  called  ;  who 
appeared  in  person,,  being  brought  up  by  rule 
mm  the  KingVBench  prison,  where  he  was 
in  custody,  and  was  advised  to  look  to  his 
Challenge  to  the  Jury  that  were  impanneUed 
to  try  the  cause. 

Oates.  Mv  lord,  I  am  to  manage  my  own 
Defence,  and  hare  a  great  many  Papers  and 
tilings  which  I  have  brought  in  order  to  it ;  I 

*  See  bis  Trial  for  Scandalum  Magnatum, 
p.  125,  of  this  Volume. 

^^  But  now  the  sitting  of  the  parliament  of 
England  came  on.  And,  as  a  preparation  to 
it,  Oates  was  eon? icted  of  perjury,  upon  the 
evidence  of  the  witnesses  from  St  Omar's, 
who  had  been  brought  over  before  to  discredit 
his  testimony.  Now  juries  were  so  prepared, 
as  to  believe  more  easily  than  formerly.  So 
ho  was  condemned  to  have  his  priestly  habit 
taken  from  him,  to  be  a  prisoner  for  life,  to  be 
set  on  the  pillory  in  all  the  public  places  of  the 
city,  and  ever  after  that  to  be  set  on  the  pillory 
four  times  a  year,  and  to  be  whipt  by  the  com- 
mon hangman  from  Aldfifatc  to  Newp^ate  one 
da)[,  and  the  next  from  Newgate  to  Tyburn ; 


1  have  conveniency  for  his  papcn. 

7.  of  Cr.    Cryer,  iwew  sir  WiHiaBi  M- 


•Wl- 


managing  my  own  trial. 

£.  C.  J.  (Sir  George  Jefferiea.)  Ay,  w, 
let  him  sit  down  there  within  the  Bar,  and  fcl 
him  I 

CL 
son. 

Oates.    My  lord,  I  except  i 
liam  Dodson. 

Ait.  Gen.  (Sfar  Robert  Sawyer.)  Wklii 
the  cause  of  exception,  Mr.  Oates  F 

L.C.J.    WhydoyoiidiallengeUmP 

Oates.  My  lord,  I  hnmbly  coT"^ 
these  cases  of  criminal  matters,  the  i 
has  liberty  of  excepting  against  any  of  Ibi 
Jurors,  without  shewing  cause,  provided  thai 
be  a  full  Jury  besides. 

X.  C.  J.  No,  no,  that  is  not  so,  yoa  m 
mistaken  in  that,  Mr.  Oates. 

Oates,  My  lord,  I  am  advised  so,  I  do  not 
understand  the  law  myself. 

L.  C.  J.    But  we  will  tell  you  then,  it  ca- 
not  be  alio wM;    if  Mr.  Attorney  will 
to  wave  him,  well  and  good. 

Alt.  Gen.    No,  my  lord,  I  know  no  i 
for  it,  1  cannot  consent  to  any  such  thing. 

L.  C.  J.  Then,  if  you  will  not  have  hia 
sworn,  you  must  shew  your  cause  presently. 

Oates.    My    lord,    I    cannot   assign  anj 
cause. 
.  L.  C.  J.    Then  he  must  be  swonk  ♦ 


*  <<  In  Criminal  Cases,  or  at  least  in  Capit^J 
ones,"  says  sir  William  Blaekstone,  ConiiD. 
wfiich  was  exccate<l  with  so  much  rigour,  that  Book  4,  chap.  27,  "  there  is  in  favorem  rite 
his  back  seemed  to  be  all  over  flead.  This  was  '  allowed  to  the  prisoner  an  arbitrary  and  capri- 
choiight  too  little  if  lie  was  Gfiiilty,  and  too  |  cious  Npecies  of  challenge  to  a  certain  miaib^ 
much  '"  *  '         .  •*.      \  .       ..    .  «  .  ......  II 

par 


cli  if  innocent,  and  was  ille^^al  in  all  the    of  inrurs  without  shewing  any  cause  at  alli 
ts  of  it:  for  as  the  secular  court  could  not  I  which  is  railed  a  peremptory  chall<»nge.'*   Tbt 


order  ecclesiastical  habit  to  be  taken  from  him,  ,  law  respecting  peremptory  challenge  is 


sttle^ 


so  to  condenm  a  man  to  a  perpetual  imprison- 
»nent  was  not  in  the  power  of  the  court:  and 
the  e.\treant  rigour  of  such  whipping  was  with- 
out a  precedent.  Yet  he,  who  was  au  original 
in  all  thin<;s,  bore  this  with  a  constancy  that 
amazed  all  those  who  saw  it.  So  that  this 
ti*ealment  did  rather  raise  his  reputation,  than 
makiu"    1  Burnet,  637. 


by  the  iccrnni  Commentator  with  some  \ 
cularity,  and  very  satislactory  reasons  are  »• 
signed  by  Itiin  for  the  estamishment  of  dial 
provision.  It  is,  perhaps,  to  be  regretted,  dtft 
he  did  not  eoler  with  equal  particularity  »ls 
the  doctrine  of  Challenge  for  Cause  in  Cnmiai* 
Trials.  BIr.  Christian,  in  his  Notes  on  Bkck- ' 
stone,  says  that  a  peremptory  cballengs  il  sfll  i 


HI 


STATE  TRIALS,  1  James  IL  t6n5.^for  Petjur^. 


[1082 


[!/.  qfCr*  Swear  him. 
'^ryer.  8ir  Wi  1 1  iam  Dfld  son » take  th  e  book  ; 
I  &hdl  well  ahd  truly  Uy  tliiii  i^siic  between 
•  smerei^Ti  lord  the  king  and  Titus  Ontes, 
I  trae  verdict  ffive  according^  to  l!»e  evi* 
ce;  so  lie!|>  you  God. 

^/.  o/'  Cr,     S\rear  sir  Edmnnd   Wiseman. 
was    done,]     liiclianl    Aley,    esq,; 
was  sworo.]     Benjamin  Sciitt. 
r.     My  lord,  I  clmlEenge  bim* 
C*  J.     ^or  w  hat  cause  ? 
7ate§,    My  lord,  he  was  one  of  the  Grand 
'  tiiat  found  thi>  Bill. 
L\  J.     ^^      ti^  >;o  ?  That  is  an  exception 
;  wIk  .>Tr.  Attori>i-y? 

itt*  Gen.  \  U^hjve  he  was  upon 

iof  the  iadiiioi«mU,  but!  tliink  it  was  not 


in  either  of  them, 
\j  we  will  not  stand  upon 


C,J  I>. 
not  Uv  ^  * 
ii.  Gen.  My 
'e*ll  wav<?him. 
'LofCn  Tli'-mas  Fowfis, 
'  i«.  Pray  lift  me  sec  that  gentlemi^n. 
was  shown  to  him.]  Are  you  not  a 
lith  in  Fleet -street,  between  t!ic  two 
? — fawlis.  Ves,  I  awn 
Oatt$*  Very  well,  Sir,  J  do  not  except 
against  you,  only  I  desired  to  know  whether  it 
^creyouornotr 

Cl.ffCr,     Swear  hira.  [Which  was  done] 
Thofnaa   Blackmorej    Peter    Pickering",    Ro- 
^^h^Stf  Beddinn field,  Thoma?*  Rawlinsoo,  Roger 
es,  iworn.     Edward  Kempe,  (sworn)* 
!cf.     My  lord,  1  rhallen^e  him. 
C  J.     You  speak  too  fate,  he  ts  sworn 
ly. 
^atex.    My  lord,  they  are  so  quick,  I  rould 
«peak,  but  he  was  one  of  the  Grand  Jury 

C*  J.    We  cannot  help  it  now. 
iit^  Otn.     I  did  not  know  that  he  wa.s  so ; 
\  to  shew  that  we  mean  notliiug  but  Fair,  we 
^content  to  wave  him. 

C.  J.     You  do  very  well,  Mr.  Attorney 

let  him  be  wttlidrawn. 

^L  qfCr.     Mr.  K*'mp€,  you  may  take  your 

swear    Ambrose   Islfd,     [Which   was 

l}     Beniy    Collier,    Richard    Howard, 

^L  ofCr.     Cryer»  count  these. 

2^^^'    ^'*^'  ^^'  ^^^  William  DoJson.       * 

iL^Cr,     Richard  Ilowiml. 

Ofycr,    Twelve  good  men  and  true,  hearken 

wtd  in  any  trial  for  a  misdemeanor ;  and 
I  refers  aa  to  bis  authorities  to  the  decitiion  of 
eries  in  this  Case  of  Oales,  and  lo  the  de- 
I  of  Ijord  Chief  Just,  North  In  Reading^'s 
(^ee  vol.  7,  [k  364,  of  this  Collectiou). 
!  piirticular  phmseolog'y  of  Black!$tonc,  and 
t^otnission  t«  cite  those  decisions^  may  fveem 
dicate  that  he  was  not  ahog-eihcr  satisfied 
with  Ihese  authorities. 

*  See    Flawkins^s    Pleas    of  the    Crown, 
.  «,  cb.  43,  sect.  27,  Ijeacb*s  edit     See, 
I  in  tiui  CoUei»U(mi  voL  Q^  p.  ^88. 


to  tlic  record,  and  stand  together,  and  hear  tb« 
e?i<ience. 

The  Names  of  tlie  TweUe  sworn,  wcr«  . 
these.  Sir  William  DocUoo,  sir  Edmund 
VViseman,  Richard  Aley,  Thomas  Fowlis, 
Thomas  Blackmore,  Peter  Pickering,  Ro- 
bert Bcdding^field,  Thomas  Rawtbson,  Roger 
Fteeves,  Ambrose  Isted,  Henry  Collier,  and 
Richard  Howard. 

Out  IS.  Before  the  counsel  opens  the  caiwe^ 
I  desire  tti  uUv  e  one  thing  to  your  Lordsliip* 

X.  C-  /,     What  is  it  you  would  have  ? 

Ouics.  Mj^  Jord,  1  have  three  witnesses 
that  are  very^  niateriiil  ones  to  ray  defence,  who 
are  now  prisoners  in  the  King's- Beneli,  for 
whom  I  moved  yesterday,  that  I  might  hara 
a  rule  of  court  to  bring*  them  up  to  ^i^y^  but 
it  was  objected,  that  they  were  m  execution, 
and  so  not  to  be  brought;  1  humbly  mov© 
your  Lordship  now,  that  I  may  have  a  Habeas 
Coriius  for  them,  to  bring  ttcru  immediately 
hither. 

L,  C.  J,    We  cannot  do  it. 

Gates.  Pray,  good  my  lord,  they  are  ? ery 
material  witnesses  for  me,  and  I  moved  y€»» 
terday  for  tlietn. 

L,  C.  J.  You  did  so,  but  we  told  your 
counsel  then,  and  so  we  tell  you  now,  we  dui" 
not  do  it  by  law,  it  will  be  an  escape, 

Outes,  My  Ijord,  1  shall  want  their  testi- 
mony, 

L.  C,  J*  Truly  we  cannot  help  it,  the  law 
will  not  allow  it,  and  yon  nmst  be  satisfied. 

CL  of  Cr,  Gentlemen,  you  that  are  sworn 
this  jury,  hearken  to  the'reconl:  By  virtue 
an  inquisition  taken  at  Justice*Ha11  tu  the  OId< 
Bail^,  in  the  parish  of  St.  Sepulchre,  in  the 
ward  of  Famngdon  without,  London,  upon 
Weilnesday  the  10th  of  December,  in  the  36tf 
of  the  mgn  of  our  (ate  sovereign  lord  Charb 
2,  by  the  grace  of  God,  of  England,  Scotlani 
Frfince,aud  Ireland^  king,  defender  of  Uiefaitl 
^c,  before  sir  James  Smith,  knt,  mayor  of  tl 
city  of  I#ondon;  sir  George  Jefferits,  knt,  ai 
hart.,  lord  chief juiitioe  of  this  honourable  court  |^ 
sir  Thomas  Jones,  knt.  lord  chief  justice  of  tl 
C-durt  of  Common  Pleas  ;  WilUam  Montagui 
lord  chief  baron  of  the  Exchequer;  sir  Jam< 
Edwards,   knighl,    sir  John  Moore,  knigbtj 
aldermen  of  the  said  city  ;    and  sir  Tim  mi 
Jcnner,  knight,  one  of  his  majesty's  serjeani 
at  law,  and   recorder  of  the  same  city,  and' 
cithfrsj,  their  companions,  justices  of  Oyer  an^ 
Terminer^  by  the  tmtbs  of  twelve  jurors,  honest] 
and  lawful  men  of  the  city  of  Londou  aforesaid^, 
H  bo  tbcu  and  there  being  sworn   and  chai^ged 
to  enquire  for  our  said  lonl  the  king,  and  th«. 
body  of  the  city  aibresald,  upon  their  oathi: 
|>resf  nt,  that  at  the  sti^sion  of  our  sovei'eign  lord 
the  king,  holden  for  the  county  of  Mtddle$eiC|| 
itt  Hick's- Hall,  in  St,  J  oh  nV  Street,  in   th' 
county  aforesaid,  on   Monday,  to  wit,  16  DeA 
cember,  in  the   year  of  Uie  reign  of  our  late 
sovereign  lord  CLarles  2,  of  England,  Scotland, 
France,  and    Irebnd,  king,  defender  of  the 
fiuth,  &c.  the  thirtieth,  before  sir  Re^' 


^ 


STATE  TRIALS,  l  James  1L  \6S5.^Triai  ^ Tthu  OoUm. 


Fostefi  b&rt. ;  sir  Philip  Maitbe«vSf  Uart. ;  sir 
William  Bowls,  kt,  ;  sir  Charles  Pitfidil,  kt. ; 
Thomas  RoUio&on,  Humph  re  j  Wyrley,  Tho- 
mas Hariot,  and  William  Hempen,  c^^quires, 
justices  Qf  our  s&id  sovereign  lord  the  king*,  t(V 
enquire  hy  the  oath  of  honest  aad  lawful  men 
of  the  county  ot  Middlesex  aforesnid,  and  by 
other  waytf  manners^  mean«,  by  fihich  they 
lDi£:bt  better  know,  as  trell  within  liberties  as 
m-iSiout,  by  whom  the  truth  of  the  matter 
inay  be  better  known  and  enquired^  of  what- 
voever  ti'easons,  misprisious  oi  treasonsj,  insur- 
rections, rebellions,  counterfeiting^,  clippings^ 
washingi,  and  false  makings  of  the  money  of 
this  kingdom  of  Euglaud,  and  of  other  km^- 
.  iSoma  and  dominions  whatsoeyer ;  and  ^if  ^\  bat- 
•oever  murtlprs,  fdonles,  manslaughters,  kill- 
logs,  burglaries,  and  other  articles  aod  offences 
in  the  letters  patents  of  our  said  sovcpeigTi  lord 
the  king,  to  them,  nr  any  four  or  more  ojf  them 
therefore  directwil,  specified;  as  also  the  ac- 
cessaries of  the  same  within  the  county  afore- 
•aid,  as  ivell  within  liberties  as  without^  by 
whomsoever,  howsoever  bad,  made,  done  or 
committed  ;  and  the  said  treasons,  and  other  the 
premises,  tu  hear  and  determine,  according  to 
the  law  atid  cu!»tom  of  ttiis  kingdom  of  Eng- 
land»  being  assigned  by  llie  oath  of  Ralph 
Wain,  John  VaughaDp  Richard  Foster,  Tho- 
mas Pa;fet,  Robert  Newington,  Henry  Tomp- 
kins, Robert  Hays,  John  Greenwood,  Peter 
SUmpson,  Josias  Croslv,  Richar*!  Ricliman, 
Augustin  Bear,  John  t^iog,  Nathaniel  Brett, 
Francis  Fisher^  and  Satimel  Lynn,  honest  an*! 
lawful  mt*n  of  the  county  aforesaid^  sworn,  and 
cbars^ed  to  enquire  for  onr  said  sovereign  lord 
the  king,  and  the  body  of  the  county  aforesaid, 
upon  their  oaths :  it  was  presentetr,  that  Tho- 
mas White,  otherwise  Whitebread,  late  of  the 
parish  of  8t.  Giles  in  the  fields,  in  tlie  county 
of  Middlesex,  clerk;  WiUiani  lr€land»  lat^  of 
the  parish  aforesaid ^  in  the  county  aforesaid, 
clerk  ;  John  Fen  wick,  late  of  the  pariiih  afore- 
said, in  the  county  atoresaidt  clerk  j  Thomas 
Pickering,  ufthe  parish  aforesaid,  in  the  county 
afore.said,  clehk;  John  Grove,  of  the  parisn 
aforesaid,  in  the  county  aforesaid,  gent,  as 
false  traitors  against  the  most  illustrious,  se- 
rene, and  most  excellent  nrince,  our  said  late 
sovtTOgn  lord  Charlts  3,  by  the  grace  of  God, 
of  Eoeland,  Scntland,  France,  and  Ireland, 
king,  detender  i>f  the  faith,  kc.  their  supreme 
andnaturai  lord,  not  having  the  fear  of  God  in 
tbeif  hearts,  nor  weighing  the  duty  of  their  al- 
legiance,  but  beiii^r  moved  and  seduced  by  the 
instigation  of  the  d«iil :  the  cordial  love,  and 
true  and  natural  obedience,  which  faithful  sub- 
jects (*f  our  Siiid  sovcreig^n  lord  the  king  to- 
wards him,  should,  and  of  right  ought  to  bear, 
utterly  withdrawiog,  and  contriving,  and  with 
all  their  might  intending  the  peace  and  tran- 
quillity  of  this  kingifom  of  Fngland  to  disturb, 
and  the  tnie  worship  of  God  within  this  kiiig- 
dom  of  Engtatid  us^  d,  and  by  law  established, 
to  subvert ;  and  rebellion  within  this  kingdom 
of  England  to  move,  stir  up^  and  procurf",  and 
the  €ordial  love^  and  trua  aad  due  obcdienoe,  ' 
8 


which  taithful  subjects  of  our  said  Wnd  ^ 

towards  him,  the  naid  sovereign  lofdf 

should,  and  of  right  ought  to  bev,  v 

withdraw,   put  out,  and  extiofuish: 

said  sovereign  lord  the  king,  to «' 

destrnction  to  bring  and  put,  the  four  t 

tieth  day  of  April,*  iu  the  year  of 

of  our  bte  sovereign   lord  C harks  i 

grace  of  God,  of  England,  ftniltnrtNM-j  ^gj^ 

and  Ireland,  king,  defender  ot*  the        -m  jj.  liii 

the  thirtieth,  at  the  parish  of  SL  Gm  ^^^}^*$ 

fields,  in  tha  county  atbresaid,  fsM^^Es^^kJ^I^ 

eionsly,  subtilely,  adrisedly,  and  m  tr«^ 

did  purpose,  compass,   imagine,  i^         a^v^ 

siHiition  and  rebellion  within  this  hM.       Vit^ 

England  to  more,  stir  up  and  proc^^:^  ^c^ 

tniserablc  slaughter  among  the  suts^  .mA^ 

said  lord  the  kmg  to  procure  and  » 

our  said  late  lord  the  king,  (rom  the  ^^ 

title,  power,  and  government  of 

of  Engbmd,  utterly  to   deprive,  dJ 

down,  and  disinherit;  and  him  ou^^ 

sovereign  lord  the  king  to  deaths  \ 

truetion  to  bring  and  put,  and  the  ^9. 

of  the  said  kingdom,   and  the  sine 

of  God,  rightly  by  the  laws  of  tbes 

estabUshcu,  at  their  will  ami  pleasun 

and  aher,  and  the  state  of  tint  wb 

of  England,  throujghout  ali   its 

stituted  aud  ordiiined,   wholly  to  1 

destroy,  and  war  a^inst  our  sail 

reign  the  king,  withm  this  kingd 

laud  to  levy  :  and  those  their  most  w         ^ 

sons,  and  traitorous  imaginations  ao^^^        ^^, 

aforesaid  to  fuliil  and  pedect,  tht-y  th 

Thomas  While  alias  Whitebread,  \^ 

land,  John  Fenwick,  Thom^i 

John  Grove,  with  other  false  tr 

rors  not  known,  the  said  four  ai^d  tv^tuuo/    ^ 

of  April,  in  the  year  of  the  reign  of  mt       -^ 

sovereign  brd  the  king,   the  thii 

force  and  arms,  ^.  at  the  parish 

in  the  fields,  in  the  county  of  M   ' 

said,  falsely,  maliciously,  sub' 

devilishly,  and  traitorously,  did  il»^ 

selves,  unite  and  meet  together,  an 

there,  falsly,  maliciously,  subiilt;l\ 

devilishly,  and  traitorously,   did    V 

agree  our  said  late  sovereign  lurd  ; 

death,  am!  final  destruction  t^ 

and  the  retinion  within  this  kj> 

land,  riglith',  and  by  the   law?*   o 

kingiloui  established,  to  the  supei^ii 

R^imish  L'hurcli,  to  cbinge  and  alien  ;  ^ii*i  ikt 

sooner  to  fulfil  and  perfect  their  ^aid  most  wuJ^i 

treasons,  and  traiterous  ii>  t.s  ; 

poses,  they,  the  said  Thoiy  .A\'as\ 

bfcud,  William  Ireland,  Joii a  I  Tt*! 

Pickering  and  John  Grove,  an<l 

tors  of  our  said  late  so^t^reign  lum  ujv  j^icig, 

the  juroi-s  unknown,  afierwarda,  to  wit,  the 

sanit:  24th  day  of  April,  in   the  said   tlnhiHk 

year  of  our  said  lale  sovereign   lord  the  Lw^ 

*  Sec  the  Note  to  the  Cai>e  of  Ircla 
ering,  aud  Grorc,  a.  d*    iOra,  anU^ 
p.  91* 


10B5] 


STATE  TRIAIS,  l  James  II*  l685.— /<?r  Perjury. 


[1086 


^^gfoftauiii  fiarish  of  Sr*  Oiles  in  the  ^viA% 
UBtj  Rfvresnid,  Tiitsely,  snbtilcty,  ail- 
rlt^lily,    nni\  traiUiroiisly    amon^ 
'I  a^re^/ihut  they 
Hi  nhg-,  John  Grove, 

he   »iud    lute    i?<j^eiti;^n  lortl   the  king 
fiiil  kit!  Jinii   manJer :  and  that  they  the 
(^niftift  W  hite  alias  U  hitehrettd,  Wilham 
liihrj  reutirick,  »tnJntljer  false  traitors 
^  junirss  unknown,  a  ctrtmn  ntvrtihtr   ot* 
t  bet%ve<Ti  thtnu+  then  and  iheit  dL^^^rt^fd  for 
jfj.    .1  iIm  H^m\  of  him  the  suid  Thomas 
>rc  should  say,  eel e Urate  and 
.  ti'ore  shmdd  pjy  unto  the  said 
ff  a  certain  sum  ot  money,  hetwecn 
cti  and  there  agreed.     And  the  jmxirs 
Ufion  their  oath  albrcsaid,  did  tur- 
eiii,  that  the  said  Thomas  Pickering 
Gror^,  upon  the  agreement  afore- 
iiuid  there  falsely,  stiUilelVf  advisedly, 
piy,   devihshly,  and    traitorously  cfiii 
Jliem^  and  did  (imoiiise   to  the  said 
jaha«  \Vhiiehread,i William  Irc- 
enwick,  and  other  false  tmitors  of 
1    lord  the  kingf,  ti>  the 
*wn,    then    and   lh<^re, 
''-  ,   mahriouslvi  de- 
I  [»ronnse  that  they 
Nn.,...  .  ,v  „,_.,. ;^  tuid  John  Grove 
kin  and  murder  onr  saiit  lute  iovereign 
t  kiEii.' :  a[ji)  tlu  V,  the  said  ThomnsHhite 
f  1^  I  ini  Ireland,  John  Fen- 

I'lii  ^,  John  Grove,  and  other 

I  ot  our  »anl  late  sover«i^n  lord  the 
■Itervrmrds  to  viit,  the   «aid  four  and 
h  day   of  Apnl,  in  the  thirtieth  year 
I,  1*1  tlie  uf'ire'iajd  parish  of  Ht.  Giles 
plihi,    ill   the    cotmly   of    Middlesex 
aubtilcly,    adfisiMtiy,    mulii'iously^ 
and    traitorously,     dtfl    sereraljy 
of  them   give  their   faith   each  to 
anil  upon  the  sacrament  then  and 
timjtOTOiwIy    ibd    feu  ear   and    pronu'se, 
not    to    divulge    their  said 
t^His    and    traitorous    com- 
itious^    and  purposes  so  be- 
I  had,  him,  our  Kaid  late  sovereign 
Fkingi  traiturouitly  to  kill  and  munler, 
rihe  llomisih  ri'li«(^ion  in   this  kini;^dom  ot' 
\  to  he  ON^d,  lo  intrmhice,  and  the  true 
!  m  this  kingdom  €if  England 

t'  laws  nf  the  *arne  kingdom 
rand  change-,   and  that  the 
\  i'iekering  and  John  Grove, 

ii'M»n    ut    their   traitorou!$   agreement 
it  ati*«rMrardH,  towit»  the  mime  four  and 
tday  of  AiiriKmthethirtk'thyearaiore- 
mnd  divert  other  <la.s  nnd  tioiLSt  alter^  at 

K*^''"' '  .  -^..i.  -j^»   'ales  in  the  fidd»,  in 

Is,  pi^itok,  bwords, 

..  ,ve  and   <:nud  »vea- 

ite  sovtieii;u   l^rd   the 

.  laUi'ly,  sublilely,  ad- 

itorously  did  (irc- 

'  ^5.  nnd   them  had 

\  tioilihi  \,  tin  Thonms 

I  Jobu  Grove,  ,  u>  wit, 


I 


the  salfl  four  and  twentieth  day  of  April,  in  the 
thirtieth  year  aforesaid,  and*  divers  days  and  j 
times;  aHeru'ards,  with  forc^*  and  arm««  ^c.  at] 
the  pantih  aloresaid,  in  the  county  aforesaidtandl 
in  other  places  within  the  county  of  MiddleseJtl 
aforesaid,  talsely,  subtilely,  advisjctily,  ma!i« 
I'lou-sly,  deviliiihiy,  and  traitorously  did  l^^'^J 
'.  i  '  *  ivtmrour said  late  sovereign  lotlli 
I  «ler:  and  that  the  said  liiomat 

*i  Mill  aiiLis  \\  iiitebrcadj  Wiltiam  treUnd,  John 
Fenwiekj  and  other  falsic  truitors  to  the  jurori  I 
unknown,  afterwards,  lo  w;t,  the  same   four  J 
and  twentieth  day  of  April,  in  the  tbiitiifth  y  eaf  t 
aforesaid,  at  the  parish  ah»resiiid,   n  the  county  1 
of  Wtddlescx  aloresaidi  fah^ely,  subtilcly,  ad*] 
visedly,  maliciously,  devilishly,  and  traitorously  I 
didprepEue,  persuade,  excite, abet,  comfort  an4  I 
couniiel  lour  other  persons,  men  lu  ihejuiHjrnun^ 
known,  and  subjects  of  our  Haid  late  sovereign 
loi-d  the  king,  htm  our  gaid  Uie  sovereign  lori 
the  king  traitorou*9lv  to  kill  and  murder,  againsi  1 
the  duty  of  their  allegiance,  against  the  peaeo>l 
of  our    said    late  sovcreigu   lord    the  Ving*  I 
his  crown  and  dignity,  aud  a;^auist  the  f6fni  mi  j 
the  statvite  in  thai  case  made  and   provided  J  ( 
and  ther(>upun  it  was  so   far  proceeded,  thaH 
ai^erwRrd^i  to  wit,  at  the  court  of  giiol- delivery  ii 
of  our  sovereigtj  lord  the  king  of  Newijate,  at  1 
J  nsti  ce  -  h  a  1 1  i  n  Old  -  B  ai  1  ey  1 1  n  th  e  su  hu  r  bs  of  the  J 
city  of  Lonilon,  in  the  parish  of  8t.  Sepulchre, 
in  the   ward  of  Farrmgdofi   without,  Loudott] 
aforesaid,  the  seventeenth  day  <jf  OLtember,  iof  J 
the   thirtieth   year  aforesaid",  beioie  ihc  jus-^ 
tiees  itf  o^tr  said  loni  the  king,  then  and  therflQ 
being    present,   lield  hy  adjournment   for  th^ 
eouttty  of  Middlesex  atJresaid,  before  whotnthc^ 
indictment  aforesaid  was  then  diniending,  camtf  J 
the  aforesaid  WiUiam   Ireland,  rhoiiias  Pick--] 
ering,  and  Jutm  Grove,  under  the  custody  of 
sir  Richard  Lfovr,  knt.  sir  John  t"hapuian,\nt,  \ 
sheriffs  of  the  county  of  Middltst  x  aforesaid^ 
into  whose  custody,  <br  the  cause  afore^id  be* 
fore  that  were  comnutteil,  being  there  brought  j 
lo  the  bar  in  their  propvr   nei'soQ'i,  and  iiome« 
dintcly  being  severally  spoken  unto  concerning.  J 
the  premisses  above  charged  upon  then*,  hoir'J 
they   would   luquit  themselves  ihertof;    the  T 
aforesaid  Uilliatu  Inland,  Thomas  Pickering^J 
and  John  Grove,  did  say  that  they  were  no!  j 
thereof  guilty,  and  for  the  fiiimc,  for  good  and* 
bad,  they  severally  put  themselves  upon  the^ 
country  ;  and  by  a  certain  juiy  of  the  countryj 
on   that  Itehalf,   in   due  manner  impaniielled»|| 
s«oni  and  charged,  then  and  their,  in  thesiamc 
court  before  thejnstir.es  of  gaol-delivery  afore*." 
said  were  tryed  ;  and  that  upon  tliat  trial  be« 
tueen  our  said  late  lovert  ign  lord  the  king,  and  j 
ihcalbrcsaid  VVilltam  Frcbmd,  Thomas  Picker*  , 
iog,  and  John  (irove,  »i  Loiui<»u  aforesaid,  to 
wu,  at  Justice- Hall,  in  the  Old- Bailey  afore- 
tiuid,  in  tile  parish  ami  waril  uforei^aid,   ihc  dc« 
tindant,  Titun  t>ates,  hy   the  name  of  Titut  ^ 
tiates,  late  ot  the  parisli  of  St,  Stpulcbre  afore*  [ 
said  in  the  ward  afon  «<aid,  clerk,  Wi»s  a  witnesi  2 
producf  d  on  (he  behalf  of  our  late  (K>yereigik 
lord  the  km;;  upon  tin;  trial  afotvi«»\vV^i4Si^>Sft^ 
tore  the  atoiesaiA  ^uiiUtAia  q.1  ^iajakV-4»^x^^  ^^ 


I087J  STATE  TRIALS,  1  Jambs  II.  l685  — TVta/  0/  Tthu  Oates,         [1088 


the  court  aforesaid,  then  and  there  held  upon 
the  holy  ErangeliKts  of  God,  to  speak  and  tes- 
tify the  troth,  the  ^ole  truth,  and  nothmgf  hut 
the  trath  of,  and  in  the  premisses  between  our 
said  late  soTereig^  lord  the  king,  and  the  afore- 
said William  Ireland,  Thomas  Pickering,  and 
John  Grove,  put  in  issue,  wasduely  sworn ;  and 
^athe  the  aforesaid  Titus  Oates,  then  and  there 
in  the  court  of  gaol-deliFery  aforesaid,  upon  his 
oath  aforesaid,  upon  the  indictment  afore- 
said, at  the  parish  and  ward  aforesaid,  by  his 
own  proper  act  and  consent,  of  his  most  wicked 
mind,  nlsely,  voluntarily,  and  corruptly  did 
say,  depose,  swear,  and  to  the  jurors  of  the 
jury  aforesaid,  then  and  there  sworn,  and  im- 
pannelled  to  try  the  issue  aforesaid,  between 
our  said  late  sovereign  lord  the  king,  and  the 
aforesaid  William  Ireland,  Thomas  Pickering, 
and  John  Grove,  did  give  in  evidence,  that 
there  was  a  traitorous  consult  of  Jesuits  that 
were  assembled  at  a  certain  tavern,  called  the 
White  Horse  tavern  in  the  Strand,  (in  the 
White  Horse  tavern  in  the  Strand,  in  the 
county  of  Middlesex  aforesaid,  meaning)  upon 
the  four  and  twentieth  day  of  April,  m  the 
year  of  our  Lord  1678 ,  at  which  consult, 
Whitebread,  Fenwick,  Ireland,  (the  aforesaid 
Thomas  White  alias  Whitebread,  John  Fen- 
wick, and  William  Ireland,  meaning)  and  he 
the  said  Titus  Oates,  were  present;  and  that 
the  Jesuits  aforesaid  did  separate  themselves 
into  aereral  lesser  compames,  and  that  the 
Jesnitsaforesaid  came  to  a  resolution  to  murder 
the  said  our  late  lord  the  king,  and  that  he 
the  said  Titus  Oates  did  carry  the  resolution 
aforesaid  from  chamber  to  chamber,  and  did 
cee  that  resolution  signed  by  tbem  (the  afore- 
said Jesuits  meaning)  * :  whereas  in  truth  and 
in  deed,  the  aforesaid  Titus  Oates  was  not  pre- 
sent at  any  consult  of  the  Jesuits  at  the 
White  Horse  tavern  aforcsiaid  in  the  Strand,  in 
the  county  of  Middlesex  aforesaid,  upon  the 
S4th  of  April,  in  the  year  of  our  Lord  1678, 
nor  did  carry  any  resolution  to  murder  our  said 
late  lord  the  king  from  chamber  to  chamber 
bj^  any  persons  to  be  signed.  ^And  so  he,  the 
aforesaid  Titus  Oates,  on  the  i7th  day  of 
December,  iu  the  tliirtieth  year  aforesaid, 
at  the  Justice- Hall  aforesaid,  iu  the  court 
aforesaid,  upon  the  trial  aforesaid,  upon 
the  indictment  aiorcsaid,  bettveen  our  said 
late  lord  the  kin<j:,  and  the  aforesaid  Wil- 
liam Ireland,  Thomas  Pickering,  and  John 
Grove,  so  as  aforesaid  had,  by  his  own  proper 
act  and  consent,  and  of  liis  must  uicked  mind, 
falsely,  voluntarily  ainl  cormptly  in  manner 
and  tbrm  aforesaid,  did  cumiiut  voluntary 
anil  corrupt  iMTJury,  to  the  «;reat  displeasure  of 
41iniirhty  CJod,  in  inanifeM  eontempl  of  the 
I.ius  (if  this  kint,^d(»m  (»f  Kiii^lund,  to  the  <vil 
and  pernicious  example  of  all  others  in  like 
ruse.  olTenilinir,  and  ay^ainst  the  peac<;  of  our 
said  late  sovereio;n  lord  the  kin^,  his  crown 
and  dignity.  Upon  this  indictment  he  has 
been  arraigned,  and  thereunto  hath  pleaded 

•  See  vol.  7,  pp.  91,  91.'. 


not  guilty,  and  for  his  trial  hath  put  Inmself 
upon  the  country,  and  his  Majesty's  Attorney- 
General  likewise;  which  country  you  ve. 
Your  charge  is  to  en€|uire,  whether  the  de- 
fendant bo  guilty  of  thia  perjury  and  offence 
whereof  he  is  now  indicted,  or  whether  not 
guilty  ?  if  you  find  him  guilty,  you  are  to  sar 
so,  it  you  find  him  not  guilty,  you  are  to  sij 
so,  and  no  more,  and  hear  your  evideocv. 
Cryer,  make  proclamation. 

Oatet.  Hold,  Sir,  f  beg  one  favour  of  yoar 

lordship,  to  give  me  leave  to  have  that  part  (>r 

the  record,  wherein  I  am  said  to  have  suuni 

such  and  such  things,  read  distinctly  in  Litin. 

X.  C.  J.  Let  it  be  read  in  Latin.* 

CLofCr,  «  Jnravit  et  jur*  jora«'  iiradid* 

*  ad  tunc  et  ibidem  jurat'  et  impanelat*  id 

<  triend'  exitum  preMict*  inter  diet'  D'imb 
« nostrum  Regem  et  prsfat*  Will'm  Irehod 
^Thomam  Pickering,  etJohannem  Gioreia 
«  Evidentus  dedit  quod   fuit  proditoria  Oa- 

<  sultatio,   Anglice,  Consult'  Jesuit'  aui  As- 

<  aemblat'  fuer'  apud  quaudmm  Imrnim 
«  vocat'  the  White  Horse  Tavern  in  le  Stn»l, 

<  rie  White  Horse  Tavern  in  le  Strand,  in  Com* 

*  Mkl'  pnedict'  innuendo)  supor   vioesiniuni 

<  quartum  diem  April'  Ann.  Dom.  millesiin'j 

*  sexcentesimo  se|ituage8imo  octavo,  ad  qoaiii 

*  quidam  Consultationem,  Wliitebread,  Fen- 

<  wick,  Ireland,  (mdict'  Thomam  White  ikat 

<  Whitebread,  Jobannem  Feowick,  et  Will'n 

<  Ireland  mnuendo)  et  preetat'  Titus  Oates  fbo' 
'  preesent'  et  quod  Jesuits  pnedict'  sese  le- 
'  paraver'  iu  separates  minores  CoovenM 
«  qaodque  Jesuitia  praedict'  venerunt  ad  R^ 
'  solutionem  ad  murdrand*  dictum  D  niui 
'  Kegem  et  quod  ipse  idem  'Htus  Oates  |MrtiTit 
^  Resolutionem  pnedict'  a  Camera  adCanienm 

*  et  videbat   Resolutionem  illaui   signal'  y^ 

<  ipsos  (pnefaf  Jesuitas  iiuuiciidc»).'  That  ti 
the  Pei^ury  tliat  ^ou  are  said  to  have  swum. 

Oates,  Pray  i?o  on,  Sir,  '  Vbi  revcra^— 
CI.  of'  Cr.    '  Ubi  revera  et  in  predict'  Tiiw 
Oates  non  pnesens  fuit  ad  aliquam  C-oosul- 

._.• -»■ •^»     11       H-l.-*    'fW T-....-. 


Domini  millesimo  sexcentesimo  septu;tgesiino 

*  octavo,  nee  portavit  aliquam  Reso!uiiiNicn 

*  ad  diet'  D'nuin  Re^ro  iiiurdrand'  a  t'ftimri 
^  ad  Cameram  per  aliqiias  Personas  <ii,nijnJ.' 

Mr.  Just.  Withins.  Now,  you  have  rerJ  it, 
go  on,  Sir,  to  make  your  proclamation. 

CI.  ofCr,  Cryer,  make  an  O-yes. 

Crifcr.  O-yes !  If  any  one  can  iofomi  o« 
Sovereign  Lord  the  King,  the  King's  Scrjiairtf 
the  King's  Attorney -General,  or  Uiis  luqoe* 
now  taken,  concerning  the  perjmy  and  oll'cnrti 
whereof  the  defendant  Titus  Oates  stands  is- 
dieted  ;  let  them  come  forth,  and  they  shiD 
he  heard,  for  now  he  stands  upou  his  dis* 
ehar«;;^o, 

*  See  vol.  6,  pp.  132.  1:13.  135.  143.  lA 
sir  Henry  Vane's  Case.  See,  too,  io  this  Cj 
lection,  Si<lney's  Case,  vol.  i»,  p.  817t  ■■■ 
Charnock's  Case,  a.d.  1696. 


\ 


STATE  TRIALS,  l  Jambs  II.  }6S5^f^  Ptrjury. 


[lOflO 


Gate 


Mr*  Phipp$,    M^y  k  please  your  l4>rdsbip, 

*  jou  geotlemeQ  of  th**  jury 

^uUt.  My  lord^  I  ties  ire  your  lordi»hip  and 
e  court  xtuuld  be  of  rouns^l  ti>r  nie  Itj  one 
tbini^',  »  bich  i  tnkv  to  be  a  fauJt  and  tirrar  iu 
y  iadicifiieiit. 

I*  L\  J.    Ltiok  you,   >fr.  Gates,  wliatever 
m  bate  to  suy  of  tlisti  uatuvf,  you  mu?,t  not 
leak  to  il  dow  ;    you  »ill  hki^e  your  lime  as 
ibat  hcreatW,  in  case  you  be  cou dieted. 
Gates.  My  Lord,    I  hure  but  one  small  ex- 
iptioo  to  oj>eu  to  you, 
X.  C*  /,   We  are  tiow  upOD  tbe  tact  only* 
Oatru  My  Itir0»  I   be^  you  vvoqUI  4fi%c  me 
ve  ouly  til  tell  you  of'  n  mi^Ake  in  t!ie  lu- 
imeot^  whiib  I  hope,  vvUeri  I  have  opt?ue(l^ 
ill  sati!»iy  yoin-  bircl^itijii,   that  il  ouglit  uot  to 
put  ujion  uie  or  tlie  cuiirt  lo  try  ihui  cauise  ; 
\  to  t)e  Aure,  if  there  jtboiiM  Uf  a  couitctioo, 
hope  I  may  iiiovean  aire^l  oj  tbe  juil^meot. 
X.  C.  /.  No  I  »di  you  v^^u  mny,  Lot  oot  now. 
/«♦    Gor»d  my  i<>r(i,  hfur  cue  but  a  Tew 
tbe   ImiiciiULtis   ciiarife«i  mc  lo  bave 
fruch  ami  suc^U  e^  i  Jeiu-e,  that  there  was 
a  Cfiojiult  of  tilt  .Itiiuibi  at  the   While 
tavern  iu  ibe  Ktrauil,  the  24ih  of  A\m\ 
That  tbe  jKaJuils  M  utierwanU  ibvide 
lemselves  luto  Keveral  les«er  couipuuie!^;  iLjut 
iy  came  there  to  a  resolution  to  iiuu  der  the 
ite  king- ;  aijd  that  I  ignore  tiiai  i  carried  that 
rrfiohuuth  fruiu  cbamljfr  lo  chauiber;  and  saw 
e  reiolution  sii^ned  h\  tbeni,  so  tbe  word   is, 
liJijriiat* :'  now  tbe  peijury  ast^jgnec]  iij,  tJtat  1 
not  present  at  that  t-oiisnU,  nor  did  carry 
le  resolution  from  chamber  to  cbambf  r  to  be 
oe^ltatiii  thtTe  ihe  word  is  *  Signnnd' ;'  now 
-conceive,  if  '  Signal'   be  the   word^  that   is 
^d  ju  setting  fortii  the  oath  that  I  made,  the 
i^umetit  of  the  perjury  ougftit  to  follow  tliat 
•ID,  and  the  «  ni  J  there  ou^bi  to  be  '  Sig^at' 
beiD*^  *Siguaiid\  I  to^e  that  to  be  an 
•or. 

L,  C,  X    Look,  that  U  not  proper  at  tliis 
le,  as  I  told  you  at  Arst;  but  \^itha}  1   do 
lltink  there  is  any  great  matter  iu  what 
usay, 

Ati,  Gen,     Either  I  do  not  understand  Mr, 

le^  what  be  means  by  the  ohjeciioui  or  he 

1  tind  himself  much  mi^^ken  in  it. 

X.  C.  J.     Well,  well,  we  have  nothings  to  do 

ith  that  now  j  m^  on  wiili  the  cause, 

Mr.  Phipps,    3Iay  it  please  your  lord>hip, 

and  you  gfeuilemen  of  ihe  jury,  this  is  an  la- 

ilictnient  it^ainst  Titus  Oatts  for  perjury,  w  bich 

'  LCtment  seib  forth,  that  Thomas  White  alias 

bitcbread,  Willi  am  Irelnnd,  John  Feu  wick, 

lotnas  Fitkerincj,  and  John  Grove^  the  16lh 

of  0ece.i.ber,  in  the  30th  year  of  the  late  king, 

at  the  Ohl  Batley,   were   indicted  of  High- 

Treason  for  conspiring  the  death  of  the  Kniflr, 

fkod  that  Ireland,  Pickering  and  fin>Te,  ntye 

ed  the  I7ih  o*'  Deceraber  in  that  year,  and 

'lou  tliat  iudictuientTiuia  Gates  was  produced 

a  witness  ou  the  behalf  of  the  HLing',  agnin.<t 

le  said  Ireland^  Pickering  «nd  Gro\e  :   Bem^ 

oru  to  g-ivc  evidence  to  the  Jury  that  were 

liauQelicd  and  iwom  to  try  ibal  otase ;  he 


met  I 
I       Indii 

K 


I  did  swear  and  give  in  evidence  that  there  wfli 
a  ti  '  !.    Consult^  of  the  Jesuits  at  the 

W  tat  evtJ  in  the  Str(m<J,  (uu^aniDi^ 

the  »f  ijiic  dorse  tavern  in  the  Htrand,  in  tbe 
county  of  Midiltesejt)  the  2  Ith  of  April  t678,  at 
which  consult,  V\  hilehread,  leu  wick,  and  ire- 
land^  and  the  (said  Tt^us  Oiiles  were  present^ 
and  that  they  separutcil  themsehcs  iivio  setei-al 
lesser  clubs,  and  came  to  a  retiolutiou  to  munler 
the  kincr,  and  ibat  he,  the  ^aid  Titus  Gates, 
earned  die  said  resolution  from  chamber  ta 
chandler,  to  be  signed  by  tl»em,  meaniufc  the 
Jeyuils ;  whereas  in  truth  and  in  fact,  lie,  the 
said  Titus  Gates,  was  not  pro^ent  at  any  such 
consult,  i!te  ^  rJi  ot  April  167B,  nor  curried 
any  such  resolutjun  from  ch«mher  to  chamber 
to  bi^  j»i^ned ;  and  he,  the  said  Titus  Gates, 
the  J? til  day  of  December,  in  the  30th  year 
ttfore^id,  at  the  GM- Bailey  aloresaid,  upoa 
tlie  trial  aforesaid,  ou  the  mdicimeut  above* 
sani,  between  the  king^,  and  tbe  said  IreUnd, 
i'ickering,  and  Grove,  so  as  aforesaid  bud,  by 
his  own  proper  act  and  c-onsent  ot  bis  most 
%vickeit  mmd,  falsely,  voluiitaiily  and  corruptly 
in  manner  and  form  aforesaid,  Jid  commit  wil- 
ful and  con  upt  perjtiry  ;  and  this  is  laid  to  be 
10  the  disboninir  of  God,  in  couleiupt  ot  the 
iii\% ,  to  the  ei  ii  example  of  others  in  the  like 
case  olfending^  ai^iuust  tbe  kiug^s  pcacie,  crown 
and  dignity.  To  this  he  has  pleaded  Not 
Ciuiity,  and  that  is  the  issue  that  yuu  are  to 
try  ;  if  we  prove  bioa  guilty,  we  question  not 
but  you  will  tind  him  so. 

Ati.  GtH,  May  it  please  your  lordship, 
and  yim  gentJemeu  that  are  sw oni,- J  am  of 
coun^^el  in  this  cause  fur  the  king,  :md  our  case 
stands  thus  :  The  deiendaot  stands  indicted  for 
corrupt  and  uiUui  perjury,  for  what  he  swotre 
at  the  trial  of  Ireland  ;  and  that  which  be 
sw^ore  w  as  this,  in  order  to  i^onvict  the  pri- 
soners tlien  at  Ihe  bar,  of  the  High-Treason 
ibey  were  accused  of  j  Gates  did  swear,  that 
upon  the  24th  of  April,  1673.  there  was  a  COQ- 
sidt  of  Jesuits  held  at  the  White  Horse  tavern 
in  the  Strand,  where  Ireland  and  several  other 
Jesuits  were  prciient,  and  their  business  was  to 
consult  bow  they  niigbt  niurder  and  destroy 
the  king»  and  subvert  the  goTerument,  and 
there  they  came  to  a  resolution,  that  Picker- 
ing and  Grove  should  kill  the  king :  and  he 
was  present  at  tbe  debute,  and  be  carried  the 
resnlution  from  ehamber  lo  chamber,  where 
they  had  se|»arated  themselves  in  lesser  uum* 
bera,  and  ibere  he  saw  the  res-ilution  signed  : 
and  this  is  the  matter  that  be  swore,  upon 
which  this  indictment  is  tbunded.  And,  ^en* 
ilemeo,  we  do  chaige  that  this  was  a  tiilse  oatby 
and  in  a  point  expressly  to  the  matter  then  io 
controversy  before  that  court,  for  we  shall  prove 
he  was  beyond  sea  at  that  tim#,  and  on  that 
tlay  ;  and  m  order  to  his  couvictioQ  we  sh.ilL 
make  Out  hy  clear  evideo^'e  to  ynu  as  foil  and 
plain  as  e^er  was  given,  that  from  Christmas 
Oefore,  which  ^vas  in  Decendjer  Itir?,  till 
Midaiunimer  after,  %vhich  was  the  latter  vnt\  of 


I 


1 


4 


*  See  vol.  7,  a*  9.  lUFti,  of  this  CoUectiua* 
4  A 


1091]  STATE  TRIALS,  I  James  1L  l685.— Trtu/  #/  TUum  OaleM,         QMlJ 


I 


I 


I 


June  1678,  Ontes^  Uini  s^vears  Uiis  eongiuit  in 
A|jn(,  wa^  It  Hi.  Oniers,  ami  in  all  that  litne 
Wj>H  not  alisi'ttt  tVora  tW  collci^B  ll>pr<*  ab«»ve 
t4   boui^,  ftin!  ihat  Imt  once  only,  wbich  was 
in  Junuary  wlieii  he  ployeil  tt'iiant,  unfl  wc^nt  to 
Walton,  ivhich   is  about  uro  miles  from  St, 
Oiiiem,  but  otherwise^  lie  v%as  aW  a^tueig  in   be 
collce:^.     Ami  my  loni,  that  we  may  give  such 
A  «iitisfa*Mory  eviilenc*?  as  may  mnkc  it  undeni- 
ablv  plain  li»  ihr  Jury,  I  itesiire  your  hn'ilship, 
anJ  you  ^enticuten  oV  thi*  Jury,  would  jilt^ase 
to  observe   some  partK'ubr    periods  of  limt*, 
that  1   shall  open  lor  (be  lM.>Uer  clearingf  our 
eviilenciL'  mt'ibodically.     And   the  first  |it^rjoil 
t>f  uum   %%    from  Mr.  H*ls«lLy^s  leaiin^  St. 
Omf  r*  ;  now   he  left  St.   Omcrs   the  Mth  of 
Apfd  Old  Shle,  uhich  is  the  Vlih  of  April 
Nfw  8ti(e,auii  tlic^i  wbvn-hecMmeaway,  be  l*^ft 
0*iteft  lb*^re  at  Si.  Omerss.     Mt:  HiUley,  when 
he  /"ame  into  £rt^[(irul  in  Kf  at,  in  his  journey 
to  L«»n<ltKu  tiM^Hs  one  Mr   ihirnaby  ;  this  was, 
l^uy,  in  IVlr.   Hiblcy's  return  into  Enyfland 
from  St.  Omei-s^  nhich  be  left  ten  da\s  l^elbre 
the  lime  ai*si;jned  by  Oales  for  ifiis  connuU,  at 
the  White  Horse  tavern  in  the  Str<ind,     And 
the  ncJct  p<*riod  is,  Mr.  Buraaby  was  going  to 
St,  Omeri;,  and   there  he  arrives  in  time^  the 
Slsl  of  April  Old  btile,  and  there  he  finds  IMr. 
Dates,  w[\n  swore  he  Was  then  in  London:  and 
by  the  evidence  you  will  bear  timt  Mr.  Oales, 
according"  to  liis  usual  e^tistouii  and  according*  to 
thai  virtue  he  is  endowed  witli,  very  liohlly  in- 
iinuates  Inmseli  into  this  ijentlernan's  eoiu- 
payy,  as  lie  uses  lo  do  with  all  new-comers ; 
ami  you  will  hear  from  Mr.  Humaby  himself, 
and   many  others,  that  from  the  time  of  his 
eumiuj;  to  St.  Omers,  which  was  the  a  1st  of 
April,  he  conversed  with   Mr,  Oatcs  several 
days,  every  day  till  alW  the  *24th  of  April  Old 
iStde  at  8t.  Oraers.     Theu,  my  lord^  another 
period  of  lime  that  I  would  desire  you  to  ob- 
•erve,  is,  fpom  Mr.  PooFa  coming'  from  Ht, 
Omers,  which  was  in  time  the  t2jth   of  April 
Old  Stilcj  the  very  day  after  the  day  that  this 
CH>nsult  was  sworn  to  be  on ;   ana  when  he 
«amc  frtim   8t,  Omers,  yoi*   "ill    hear  fnnu 
many  witnesses  that  he  fell  Oates  there)  ai>d 
tlicre  he  stayed.     For  my  loril,  wc  shall,  be- 
aidc=9   tU:^<-^'  i^nrticular  times  of  these  gxuDtle- 
men's  r  who  ietll  him  there,   nrove 

Ihc  ver  ^  ^  n  he  left  fcit,  Oiocrs»  and  that 

was  the  end  of  Midsuiiuner-day  followintf, 
which  was  the  a^'iril  of  June  ;  then  was  tfie 
time  when  Ontes  first  came  i'l-om  Ht.  Oniers  to 
Eng^land,  and  we  shall  prmc  he  took  lii«  leave 
of  tliAUi  I  hen.  My  lord,  we  Imve  uaiuy 
other  circumstances  tbul  will  un:uiswcrably 
Ktreuj^then  ibis  evidence^  «od  shew  that  our 
witnesses  testify  nolliing  but  the  tntlh ;  one 
particulail  V  ij  thi^ :  Tlris  gcniicmaDhciin^  a  r»o- 
vice  of  the  Lou.se,  was  Iteadcr  in  the  Sodality,  us 
I  h  ey  ca  1 1  i  t  ^  we  sh al  I  pro  v  c  that ;  for  e v ery  S un  * 
day  and  Holiday  throughout  aJl  \pril  anil  May, 
}  h^  did  othciale  in  that  plare,  arul  did  ;*'ad  in 
the  soincty,  accorJiiijjf  as  the  castimi  there  is  - 
and  we  tyhal)  prove  another  particular  thin^, 
difll  u^aa  this  %i\h  oiAgtH  Ut  was  m  thu  cqI- 


leg«,  by  a  particular  cirrninstaitce,  tnd 

tevcral  witnesses  ;  so  t'^  ^r    '^fitleniMi. 
detain  you  with  any  1<  ^^^ftlM 

if  we  prove  this  that  1  .i^  c     ^en^^mmwe 
with  a  cloud  of  witnesses^  it  will  make  aa 
of  the  cpiciition*     We  shaQ    firast  c-all  our  »il« 
n esses  to  prove  that  he  swore  at  that  TnaLi 
such  a  consult  was,  and  he  w«s  ni  it ;  and' 
if  we  prove,  that  be  was  at  ai; 
yond  the  sea,  at  such  distance 
sible  fur  him  to  be  here  ;  I  do  not  li 
court  and  the  jury  will  conclu*te>  1^ 
fully  and  corruptly  f  liims*:-!! ,  tj( 

effects  of  which  we  ar  rsses  of;  i»  -: 

to  take  away  the  li^^L^   ui    ut%  l^lfn  -       ^ 
wrouj^ully  ;  and  it  will  appear  tt» 
be  has  been  oue  of  the  greatt^t  iiii|.wo*w,=  ,^^ 
ever  did  appear  upon  the  sta^,  eitiier  ia  the 
kitig-dom,  or  in  any  oihcr  nation « 

SlU*  Qtn.  (Mr.  Finch)  We  w4U  liow  g9« 
with  our  cvtdeuce,  and  prove  all  tfcie  piiii4 
the  indictment,  and  first  prodtioe  the  fmoriit 
thcTrml  of  Ireland,  and  then  by  ^rilnrsM^^m 
rorr,  Utat  were  present  jj(  iI,  wf  Ml 

prove  what  be  swore^  and  .  e  that  fldk 

of  his  to  be  false.  Swear  Mr.  8^\  ifL  [Winch 
was  done,]  Where  is  the  Uecord  of  IreiMid^ 
Trial  'i^H<i{ft.  Here  it  i'^  '       V 

Rixurderl  \h  that  a  trih  ? 

Stcifl.  Yes,  i  eicamiued    uji^   mjio  the  R«* 
cord,  it  is  a  true  Oopy. 
L,  C.  X  Head  it. 

Alt.  Gen.  If  Dr.  Oaie«  does  desire  the  vbcll 
may  be  read,  let  it  be  sp ;  oiherwisea  «rari«f 
it  may  serve,  it  Ikmu^  only  an  iiiduc*!!!!^*!!. 
Gates*  Yes,  1  desire  it  may  be  all  read« 
X.  C.  /.  It  must  be  read,  if  he  will  have  it 
SoL  Gen.   WelK  1  submit  it;    1  did  oil) 
offer  it  to  aave  the  time  of  the  court. 

Gates,  1  wonUl  save  the  time  of  the  ecMl 
loOf  all  that  I  can ;  but  1  thbk  it  may  be  m- 
terial  for  lue  to  have  the  whole  r^ad. 

L,  C  J.  In  God's  name  let  it  be  rciad ;  wt 
will  not  hinder  you  io  any  thip^  that  tn^\  t* 
for  your  defence. 

CI.  qfCr^  *  Metnoratiduoi  quoci*-^-^ 
Ati,  Gen.  Now  this  Ion- ■  Vf      -.\  intjitifiil 
read,   1  uould  faiu  know  t   Wloia| 

great  purpose,  but  only  to  i.j ,  ..mef 

L.  C*J,  Nay,  I  think  it  1ms  not  been  vfff 
edifying'  to  a  fH'^ut  inaoy  ;  do  you  Ihiuk,  Hr* 
Oates,  that  the  Jury,  who  ore  judges  of  ikif 
fact,  do  undctiftaud  it 't 

On  Us,  J  caouot  tell  |  lofty  be  they  tmf% 
lord. 

^mi,  Wdhint.  Do  you  uDderstand  it 
«elf,  Mr.  Oates  ? 

Gates,    That  is  not  anyf]Uestioii  hcr^;  botA  i 
oblige  the  court  and  the  Jury,  1  ilrstn;  tHw^ 
be  read  in  Enghnh  too, 

L.  C.  X  No,  the  court  umiersiiiiid^  it  *dl 
enough,  and  they  can  tell  ••  -      -"     -  ^    ^  t-- 
ir   U  only  lh<?  eupy  of  a 
li'claiid  was  Iricd  f"'  ^»'  ^.  •..„.;  ^,*r 

Uailey,thei7thof 
Sol.  Gift*  Now, 


vntiiei»scs»  to  swoar  what  llMet  did  at  tbtt  &^ 


Sot.Otn.  Now,  1  ,         -mII  aStm 


53]  STATE  TRIALS,  l  Jambs  IL  l685.-/<rr  Perjury. 

[Which  was 


pray  twear  Mr.  Faster, 
lie,] 
\AU,  Gtn.   Pray,  Mr,  Foster,  will  you  ac- 
liikt  tlie  court  and   the  jury,  whttner  Dr. 
;  was  prod u ceil  as  a  witness  at  Irtibntl's 
I  and  what  he  thd  there  depose  about  a 
Stilt  ia  April,  l{j76.    . 
\J^mter.  Aiy  Vm\^  I  waasa  unhappy  as  to  be 
!  of  that  Jury,  by  whoni  ^h\  irelaud,  Mr. 
ikering^,  and  Mr.  Grove  were  tried. 
[  Jurytnen.    My  lord,  we  desire  that  M  r.  Fos- 
*  would  JiA  up  hb  roice,  for  we  cauuot  hear 

I  Foiter,   TruJy,  ray  lord,  I  have  been  very 
of  late,  and  am  not  now  very  well,  and 
"ore  caatiot  speak  louder  than  1  do. 
^X.  C.  X    Go  nearer  the  Jury,  and  speak  as 

I  you  can. 

iJ^oiter.  My  lord,  I  say,  I  did  see  Mr.  Oat*« 

dticAi  as  au  e?idence  at  the  seisions  in  the 

l-Bailey,  where  1  wj^s  !;o  unliapfiv  astn  he  a 

Ifman,  when  Mr,  Pirkering^,  kitr.  Ireland, 

,  (jrove»  and  Mr,  Wbilcbread  were  tried. 

Alt,  Ocn.    When  wtisthat  i" 

FoUcr.    Jt  was  in  December  1678. 

^.Att.  Gen,  And  what  did  Date* ihen swear  ? 

\  FoMler,  I  did  see  Mr.  Dates  sworn  as  an  evi- 

\  jlhere,  in  ()ebair  of  the  kinor,  aeainst  the 

oners  ;  and  he  did  then  swear^  that  there 

!  a  meetintjf  of  several  Jesuits  at  the  While- 

arse  ta?ern^  in  the  Strand ^  u|>on  the   24th  of 

^pril  1678,  and  that  Mr.  VVhitebread,  Mr.  Ire- 

ad,  and  Mr«  Fenwick  were  present  at  the 

tio^,  aud  ther<  they  did  consult  the  death 

the  King,  and  the  altering  of  the  relig^ion  ; 

^d  some  went  awavi  and  others  came  :    at 

they    reduced    tht^tuselves    into   several 

'  companies  or  clubs,  and  they  came  to 

utiOQ,  that  Pickering' and  Grore  should 

to  assassinate  the  king,  ibr  which  the 

have    1,.!^IX»/.,   and  the  other   30,000 

B,  andtbut  this  resolution  was  drawn  up 

r  mie  Mico  (if  I  arn  not  mistaken  in  his  name) 

ftve  itb  my  Notes  1  thtn  took  of  the  evi- 

and  he  swotx'  further,  that  he  himself 

Dt  with    this  resolution  to  several  of  their 

bsmhers  ;  he  went  to  Whilebreail*s  chainhcr^ 

Hd  saw  Whitebrrad  ^\gn  it  ;  he  went  to  Fen- 

ck*s  chamber,  and  saw  Fen  wick  sign  tt  ;  and 

at  to   Ireland^s  chamber  and  saw    Ireland 

lit:    and  this  was  upon  the 'Jit  h  of  April 

^7S.     My  lord,   1  am  positive  in  this,  tor    ] 

ki  the  ^ood  hap  to  take  the  Nutes  at  the  trial 

>  roy  own  help,  being  a  Jui'y-man,  and   1 

rer  looked  upon  these  notes  afterwards,  till 

tlie  prmted  Trial  came  uut^  and  then  1  compared 

ny  notes  with  the  prmt  and   found  them    to 

^''     ee,  and  1  have  kept  them  ever  since  by  me, 

i  this  is  all  under  my  own  hand  as  I '  have 

tiHed. 

Oatct.  My  lord,  may  I  ask  this  gentleman  a 
'  ^estioD  ? 

J^  C.  X  Ay,  if  the  kmg's  counsel  have  done 
with  htm. 

Ait,  Gen.  Yes,  my  lord,  we  ha¥e  done  with 
JuoK 

Joiner.  Pray,  my  lord,  eItc  me  leive  to  sit 


[109* 

Outti.  My  lord,  I  desire  yon  to  ask  that 
gentleman,  Vheiher  in  the  oath  that  1  ti>ok,  I 
called  it  a  consult,  or  1  called  it  a  traiterous 
consult  P 

Fo%itr,  Trtily  I  think  you  called  H  both, 
if  I  am  not  mistaken  j  but  if  your  lordtihip 
please,  1  will  look  upon  my  notes. 

L.  C.  /,  You  may  look  upou  your  notes  to 
refresh  your  memory,  if  you  will. 

Just.  Wit  hint.  Truly  1  tbmk  if  it  were  aeon- 
suit  tu  murder  the  king,  it  must  be  a  traitorous 
one  without  doubi, 

Oatci.  8ir^  timt  is  not  to  the  purpose  ;  my 
questitrn  is  what  1  swore  it  was. 

L,  C  X  lie  tells  you,  he  believes  you  di4 
swear  both  ways, 

Foster,  At  that  consult  be  said  that  such  a 
resolution  was  taken,  and  1  think  he  called  it 
a  traiterous  Qonsutt. 

Outes.  If  you  |dease,  I  will  tell  your  lordship 
the  reason  why  1  asked  that  questum. 

L.  C\  J,  No,  you  nifty  sare  yourself  the  trou- 
ble of  that,  you  l»est  know  the  reason  of  your 
own  questions ;  he  has  giveu  you  a  satisfactory 
answer. 

Gala.  Then  if  your  lordship  please  ask  him 
tins  question,  ^Vhether  I  swore  that  ail  tties* 
three  Jesuits  were  present  at  one  time,  or  how 
many  of  them  ? 

L.  C.  J.  You  bear  the  question,  what  say 
you  to  it  ? 

Foster,  8ir,  you  swore  tliat  Ireland^  Fen* 
wick,  and  VVhilebread  were  at  that  corjsidt,  but 
whether  they  were  all  three  of  them  ihrre  a^ 
one  time,  1  cannot  tell,  or  Avhich  of  them  were 
together  j  but  this  you  did  swear,  that  they 
wei-e  there,  and  came  to  such  a  re^uhnion, 
and  you  carried  it  to  all  their  chambers,  and 
did  see  them  sign  it. 

Just  Withins.  He  gives  yoii  a  plain  account 
of  what  you  did  swear,  I  think*  Mr.  Uales. 

OaUi.  Very  well,  my  lonl,  1  would  ask  him 
a  third  question,  if  yi'ii  [dtiase. 

L^  L\  /.  Ay,  in'  Gml's  name  ask  him  as 
many  tjuestionsas  you  will. 

Outes,  Whether  did  1  Mweiir  that  it  was  re* 
solved  to  kill  the  kuijj  at  ihe  White- hors« 
tavern,  or  whether  itniL  rei>ulution  was  made 
after,they  separated  diemselvcs  mlo  lesser  cinbsf 

L,  C.  J.  Mr,  Foster  J  this  is  his  iiue»tioU| 
Whether  you  did  apprehend,  by  whiii  he  swore* 
that  he  ajiirmeil,  the  resulunmi  to  kill  the  kin^ 
was  made iit the  White- horse  tavern,  or  alier« 
wards  when  they  were  divided  ? 

Foster.  They  came  to  a  res^tlutioo,  you  said, 
at  the  White- horse  Tavern,  and  the  resolntioa 
was  there  drawn  up  by  uue  Mico,  I  ihmk,  and 
it  was  carried  by  you,  for  every  one  to  sign  it 
from  ehauiber  to  chamber ;  lor  1  remember 
you  were  asked  the  question,  wUether  you  savr 
them  sign  it,  and  you  answered  that  you  did 
carry  it,  and  miw  them  liigu  it. 

Just.  Withim.  He  sp^s  very  plain,  Mr. 
Gates. 

X,  C.  J.  He  answsrs  your  questions  very 
fully. 

Uaia,  Ay,  my  lord,  so  hm  doa^  l4 


I 


I 


I 


i 


then,  ttr.  PoMer.  Piy—bdiflW  J 
Do  you  think,  Mr.  Gates,  he  wookl  li 
him  gttih^,  if  he  bed  not  believed  tin 
•geiDSthimf 

Quia.  We  know  how  joiiM  bar 
tote. 

X.  C.  J.  Ay,  Tery  ttrtngeW  im 
Omtes,  and  I  hope  no  m  we  ftbell 


ROB]      STATB  TKUtk,  iSauu  It.  isn^im  ifVm  (kU$, 

L.  C.  /•  Hmfto  yo«  any  indre  ^ncetitat  to 
•dcbimr 

iMie$,  I  wo«M  Mk  him  wiotber  ^^leelkNi. 
Whether  I  dkl  twear,  that  I  did  carry  this  te- 
flolmion  ftofll  ebambertochaiblMril  besifBed, 
or  that  I  carrtrd  it  frakn  chambcVtQ  chamber 
IUmI  saw  them  ftetiitr 

Aififv  Yo«  end  swear  that  yen  carried  th^ 
lesolatieii from  cbamberio ehamber, and  saw 
tkemsigoit 

'Osfss- Botdid  yoo  remember  it  soparticii- 
larly,  as  to  say,  which  you  swore»  whether  I 
did  eairyil  to  be  signed^  i^  carried  it,  and  saw 
tbemsignH? 

JbHir.  Ytfa  said  yoo  carried  it  to  be  signed, 
aad  yof  saw  itskned. 

X.C.tf.  He  tells  yon  ftr  satisAotion  in  that 

ebt,  that  he  does  nmertiber  yon  didswear.it 
hrways. 

(htei,  Be  does  say  so  faideed,  hot  whether  it 
was  so  or  no  is  a  doubt 

L.C.J.  That  will  bt  *  question  by  and  by, 
it  may  be ;  -if  he  be  in  the  wrongi  1*  sup[>ose 
yoo  can  rectify  him. 

Oate$.  We  are  now,  my  lord,  upon  tny  oath, 
and  therelbre  it  concerns  me  to  enquire  whe- 
ther. I  swore  as  is  laid  hi  the  indictment. 

JL  C.  /.  You  say  riqfht,  It  does  so. 

Oatet.  And  I  the  rather  asklfaeae  questions, 
n^tord^bleGduseit'to  lix  years  ago  rincethat 
trial. 

L.  C.  /.  I  hope  y<W  har^  not  forgot  what 
yon  swore,  have  you  f  ' 
-  Ooiti.  My  lotd,  I  think  it  is  fair  for  me  to 
ask  the  wimesses  what  they  remember  after  so 
lottiratiroe. 

L,  C.  J.  It  is  refy  fair,  nobody  says  any 
thing  to  the  contrary. 

OaUs.  Then,  my  lord,  1  hope  I  may  ask  this 
gentleman  how  he  cottaes  to  remember  all  this 
after  so  long  a  time  P 

X.€.  J.  He  has  told  you  already;  but  tell  it 
him  afifaio,  Mr.  Foster. 

Fatter,  Truly  it  is  so  long  ago,  that  had  I 
not  taken  all  these  notes  at  Um^  trial,  I  had  not 
been  able  to  have  given  so  good  an  account. 

L.  C.  J.  Ii  is  a  very  good  reason. 

Oate».  It  is  so,  my  lord,  1  have  subpcraaed 
Mhersof  the  Jnry,  and  they  will,!  suppose, 
give  you  as  gucHl  an  account. 

L.  C.  J.  Have  yon  done  with  him  then  ? 

Oaiet,  I  have  one  question  more  to  ask  Mr. 
Foster,  and  that  is.  Whether  1  swore  they  met 
all  in  one  room,  at  the  White  Horse  tavern,  or 
in  more  than  one? 

Foster,  You  swore  they  were  in  iieveral 
rooms. 

Oatet.  Then  I  would  ask  him  this  qtiestion, 
my  lord,  Whether  he  were  then  satisfied  that 
Ireland  was  guilty  of  the  highHreason  be  was 
then  indicted  of? 

L.  C.  J,  The  meaning  of  the  question  is,  I 
itippose.  Whether  you  dkl  believe  Mr.  CHtes 
at  that  time  f 

Fbiier.  Yes,  my  lord,  I  bad  no  reaeon  to 
tite  contrary. 

JbAA  JMiinMU  tdk >|ta  %  fpttoQ 


them  go  again. 

JFWer .  My  lord,  I  have  lired  ao  V 
city  of  London  without  any  Memii 
hdpe  it  will  not  be  thought  I  would 
fuptly  a  verdict  against  iny  oonscien« 

Oate$.  My  iord,  I  speak  of  toier  i 
Ireland's  l^al. 

jL  C.  J.  He  is  an  honest  man,  1  k 

Oatei,  Giood  my  Hird,  he  pW«ied  h 

L.  C.  J.  Nay,  yoii  shall  hear  me, 
I  shall  hear  you,  I'll  assure  >«u 
Oates,  to .  ptom  English :  nsk  as  ui 
tions  of  the  witnesses  as  y.u  will,  tht 
per  to  be  asked ;  but  IM  ha%e  uo  dei 
reflections:  I  know  hiui^  and  he  is 
known  in  the  city  of  Loudon,  lie  b 
very  considerahle  quality,  and  very 
pote.* 

Oatn.  I  beseech  your  lordship  i 
me,  if  I  mistake  in  my  questions^,  I 
you,  I  design  no  reflecuona  tin  Mr.  i 

L.  C.  J,  Ask  what  questrans  you 
do  not  reflect. 

Ovtet,  I  desire  to  ask  Mr.  Poster 
tion  more,  and  that  is,  that  he  would 
to  tell  the  reason  wh>'  at  the  beg.uo 
evidence  he  «aid,  it  vras  his  unhapp 
a  juryman  at  that  time  f 

Faster.  Really,  Sir,  1  think  it  is  i 
piness  for  any  man  to  be  of  a  jury, 
life  of  a  man  is  in  question,  i  assui 
myself,  1  never  accounted  it  so,  and 
have  a?oi(led  it,  I  should  have  been 
to  have  been  excused. 

Oates,  I  have  done  with  Mr^  Posti 

Ait,  Gen.  My  lord,  thus  wa  omve 
Oates  swore  at  the  trial,  which  Mr.  C 
self  will  not  deny ;  for^he  fact,  Mr. 
piinted  in    his   Narrative,  as  we  I 
proved  it.- 

Oates.  I  intend  to  produce  some  oti 
jury -men  by  and  by. 

Sol,  Gen,  Now  we  shall  call  our  w 
prove,  that  what  he  then  swore  waa  1 

Att.  Gen.   We  call  no  more  to 
what  he  did  swear ;  but  go  on  to  disf 
he  did  then  swear. 

Oates.  My  lord,  f  wooM  put  this « 
the  court,  Whether  this  he  a  proof 
for  this  point  ? 

L.  C  J,  I  leave  that  to  the  jur 
point  of  fact  that  they  are  to  try. 

Octet.  1  beseech  your  loidahi|i, 
court  would  be  pleased  to  give  me  as 

L,  C.  J.  If  you  ask  unpertinem 
the  court  is  not  Obliged  to  anawar  tl 
on,  Mr.  Attorney. 

Att  Gen,  Call  Martin  Hitoto^ 
ubflry  YhoiQltolii  ^^^* 


STATE  TRIALS,  I  Jamks  II.  l6iS.~for  Perjvrf. 


[1 


fit  j|i  wu  done,"]  Come,  Mr,  Hilsley,  pray 
i  iini  my  lord  *ntl  the  jury»  ^vhat  time  you 
^  Ki-om  8t,  OmerSf  in  tbe  >ear  1378. 
liiiiet/.  My  lord,  |  came  from  St.  Omcrt' 
34iti  of  April,  New  :^u)e,  where  i  J  eft  tbe 
otter,  Mr.  <>ate9, 
.  C.  J.  Fram  whence  did  you  come,  say 

iMeu.  From  St.  Omers,  the  94th  of  April^ 

a  J.  Wliatyeur? 
tiltieif.  In  the  year  l(i78,  Ihat  is,  Ihe  Uth 
kpnl  here  -,  d ntf  Uu^  93>l  oi  April  New  8iih\ 
iw  the  jmsoner  Jit  St.  OinrTS,  aiitl  wt-nl  to 
l»l  M  tlh  him,  ai)d  ojj  the  24th  \  earue  tbujn 
OmerR,  iind  Weill  to  C'iibis,  ami  froii  thence 
£a;{'hi(irl ;  but  he  was  nevc'r  jii  my  cuun- 
ly  ikll  the  ^vliile  1  tvus  ci>tiiitig^  for  £iigtiiiiLl, 
llg'h  he  swj>re  he  rame  over  with  me, 

C  /.  The  ai*J  ot  April  you  »»y  you  saw 
if 

MiUtetf,    Yea,  I  wiis  with  him,  that  was  the 
rbelure  I  cameftotn  Sr.  Omers. 

C  J.  Vuu  lill  hini  there  the  day  before 
Mm f lie  away,  ynn  say  p 
XtUity.    1    iIkI   uol  see  him  that  morning 
1  I  mttfUke  away,  but  here  me  ather^  tliat  did. 
ttt,  (jtn.  Was  lie  \i  schnlar  there  ? 
iiktttf.  Ye*!,  my  lorU,  he  was. 
%it.  Cvn,  \M  >f»u  know  him  very  wtllP 
_    iiUhy.   Yes,  my  Jord,  I  did. 
Ati,  Ocii.  l>tU  he  GOiue  over  into   Eog-land 
ritli  yt»ii  f 

iiUley.  My  1m d,  I  came  from  St,  Omeri  to 

and  never  s«tw  htm  ;    from  Caluis  to 

fcr;    i  never  saw  him  fn *ni  Dover  lo  Ijoo- 

I   never  satv  him  all  the  way  ;  and  J  am 

Jent  h(?  wai5  not  it*  the  sume  »hip  I   came 

'  in,  lor  I  ^hf^tild  h:ive  Keen  huii  if  lie  had. 

r  Gen.  Was  he  fur  some  tittle  heiore  that 

lly  at  Ht.  OinPri*? 

iry.  We  weut  perjj^tually  to  school  t»- 

.  C  J.  What  time  did  you  tftke  shipping 

•  yoti  Wi^nt  from  St.  Omerw? 

^ihley.    The  very    next  day;   th^  day  I 

at  from  Hi,  i>fiterii  wat  on  the  Sunday  «iu»rn- 

Ou  ^lomlny  1  imui  shippin;;^  from  Calais 

E>v«r,  and  I  utriverl  in  i£ugtaii<f  at  ten  of 
Jclock  iUt  name  ni;ifht. 

at  a.  When  docs  he  &ay  Ue  arrived  in  En^- 

C.  J.    He   «ay«,    be    went    from    St. 

on  the  Hitnilay,  he  oanie  that  ni^'ht  to 

ais,  and  the  next  day  went  o*i  b«iard  frnm 

h\9y  and  came  that  night  lo  Dovtn*,  that  vfoa 

nduy  night, 

Sfiwiy.   Yen,  t  oame  thJit  ni^ht  to  Dover^ 
i  I  lay  there  that  Motjday  nii-hi,  the  aeirt 
I  the  26ih  of  AprrI  New  ^iiile, 
^Atiz  Gen.     Where  came   you  tlien   from 
Utence? 

j^  HtUletf.  I  cam«  a«  fkt  is  BttcVron-ttreet, 
}  there  1  lay  four  or  live  days,  ami   then   I 
lie  10  NrttiTn^ltuut^,  and  by  "long  tea  fixjtu 
ce  to  Lmidnn, 
#^  Gtn.  Wiiere  ilid  VM  neet  Mr.  Bur- 


BtUiey,  I  met  bim  hard  by  therei  at  &  i 
tion^s  of  mine, 

Att.  Gen,  Do  yoa  remeinber  what  day  yc^  j 
met  bitti?  1 

UiUU^.  I  think  it  was  a  day  or  two  before  I J 
eame  away  from  thence  to  London, 

Just.  Wit/iins.  Uud  you  any  discourse  witl 
Mr.  Ootes,  about  your  coming  into  EditIaihI  ? 

Hih(*y,  Nothiu^  at  all,  air  Francis,  that  U 
remember*  ,  * 

L  C  J,  W  hat  time  did  you  oome  to  London  f] 

Hihiey*  I  came  within  a  few  day^  to  Lon*  I 
don.  1  staid  fou}*  or  hve  days  there  by  tli#i| 
way  ;  and  1  j^w  Mr.  Uurnaby  within  fou 
days,  I  think,  after  1  came  iiitoEugJanct  Itl 
w.is  aliout  M<^n«)ay  sevenni^ht  alter  I  caio^J 
from  St*  Omer*,  ihiii  I  <«me  iw  l^odon. 

An.  Gen.  That  wns  May  Ni^w  8tile. 

Hi/tiet/,  That  iM  their  Stile.     It  was  so, 

Soi,  Gen^  J  a  tiur  tStde  it  wa&  tbe  2ifit  oC 
April. 

Mr.  Hansels.  Pray  did  you  tnvean  account tdl 
any  body,  utter  ) uu  eauke  in  London,  that  yoiiJ 
left  Oaleii  at  Su  Omers  when  you  came  away  f\ 

MiliUjf,  What  say  you,  Mr.  tian»eya?  I^i 
did  not  well  uuder&titud  yuur  ipiestion.  jj 

L.  C.  J.  Then  juiud  me.  Sir:  It  uas  askf^f] 
of  you,  whether  you  hud  any  discourse  wit  fa 
miy  boxly  alVer  you  came  hither,  that  you  I 
lelt  iMr.  Oute-i  behind  you  at  St.  Outers^ 

liii&Uy,  I  ilid  tell   2^me  persons  I  lefl  »*|| 
En»hsh  pofsoii  there,  at  the  same  time  1  i 
away.  ^1 

L,  C.  /»  Jiid  you  not  name  him,  who  it  wtsf  | 

HihUy,  Ve^T  I  uitiueil  Itiiu  by  the  name  b#I 
went  by  ther*?,  ntifl  tliat  waa  Sampson  Lucy, 

Ati,  Gen,  Tu  whtiui  did  you  tell  itf 

HtUiey.  To  one  Mr,  Osbouru.  <J 

Sui.  Gtn.  LHd  he  ^o  by  that  name  of  S^tnfN  1 
son  Lucy  in  the  coUc^fe  f 

Ihhtcy.    Yes,   he  did  aoraetimes,  he  had^ 
three  or  i bur  names,  he  was  oUled  sometimet 
Titus  Anihro>»itH. 

Oatei.  Xow^  my  lord,  I  tieaire  I  may  isle 
that  ^enthinaii  a  que&uiHi  or  rwo. 

L.  C  J.  Ay,  if  tbey  hiive  done  with  bim. 

Att,  Gen,   We  bsive,  my  lord. 

L.  C.  J*  Then  a&k  him  what  you  wtIL 

Oiiie*.  I  dtfiiire,  my  lord,  that  yon  will  h$  i 
pleased  to  ask  that  ^entlemun   what   religion  1 
l»e  i$   of;    tor  it  ia  a  fair    queatiou,   aud  anj 
equitable  one,  and  thai  winch  very  nearly  con^ 
ceniame  ;  and  1  desire  to  know  where  beUves*^ 

L.  C  J,  Wtiat  rek^iou  Are  you  of,  8ir  ? 

Hii^Ui/,  I  Hill  a  Houiau  C^tnolic, 

L.  C.  J.  Wbwrcdo  you  live  ? 

}hi^Uy,  I  live  m  Loudun,  1  am  of  the  luner* 
Temple. 

L.  C.  J.  He  says  that  he  is  a  Roman  Ca«  J 
thoiic,  aud  lives  ui  Loadou. 

Oatvt,  Pray  be  pi  eased,  my  lord,  to  a&k  bin|  I 
when  be  went  tu  Nt.  Omers  first,  and  hotr  J 
lou^  be  stay  eti  ihcre  ? 

iJiUe^*  Aly  lord,  1  was  there  about  siiki 
5  ears,  I  pre«utt)e  it  was  about  the  ye;ir  167  2^  ] 
wheQ  i  went  there  tif^i. 

Gates,  Pntv  a»k  him  what  be  did  tiier%| 
what  waA  Uta  \kv]L&u;i^:«i  I 


109^         STATE  TRIALS  1  Sauem  II.  l6i5^THal  ofTUui  Oeiti. 

Alt,  Gen.  That  is  not  a  pertineut  qoeitiui 
at  all,  withsubraissoD,  my  lord. 

Oatei.  I  beaeach  yoa,  Mr.  Attoroey,  gire 
■le  leave  to  ask  my  ovm  questions. 

L,  C.  J.  Ay,  but  you  must  ask  fair  and  per- 
tinent questions. 

Oatei,  My  lord,  I  would  know  what  was  his 
employment  there  at  St.  Omers  P 

HMey.  I  know  not  myself  of  any  particular 
employment  I  had,  any  more  than  auy  of  the 
rest  that  were  there. 

Is  C.  J.  But,  Mr.  Oates,  yon  must  not  ask 
any  such  questions ;  what  know  I,  but  by  ask- 
ing*  him  the  question,  you  may  make  him  ob» 
noxious  to  some  penalty,  but  you  must  not  ask 
any  questions  to  ensnare  him; 

Oate»,  My  lord,  it  tends  very  much  to  my 
defence  to  have  that  question  truly  answered. 

'  X.  C.  J.  But  if  it  tends  to  your  defence 
never  so  much,  you  must  not  subject  him  to  a 
penalty  byyour  questions. 

Oat€9.  llie  nature  of  my  defence  requires 
an  answer  to  that  <]uestien. 

L.  C,  J.  But  shall  you  muke  a  man  liable 
to  punishment,  by  ensnarinjQ^  questions?  If  a 
man  should  ask  you  what  religion  you  are 
of,— 

Oates.  My  lord,  I  will  tell  you  by  and  by 
my  reason,  and  1  hope  a  good  one,  why  J 
ask  it. 

L.  C.J.  1  do  not  believe  you  can  have  any 
reason ;  but  to  be  sure  we  must  not  suffer  any 
iuch  entangling  questions  to  be  asked. 

Oatei.  Pray  asK  him,  my  lord,  wUen  I  came 
to  St.  Oniei-s. 

i.  C.  J.  When  did  Oates  come  to  St.  Omers? 

IliUlei/.  As  wtll  as  I  rememlier,  became  to 
St.  Ouici's  either  the  latter  end  of  November, 
or  the  bt^inning  of  December,  in  the  year 
1677,  1  think  it  was  tliat  >far. 

Gates.  1  desire  you  would  ask  him,  Whe- 
ther they  were  not  priests  and  Jesuits  that  go- 
verned that  house? 

L.  C.  J.  What  a  question  is  that !  I  tell  you 
it  is  not  tit  to  be  asked. 

Oates.  I  demand  an  answer  to  it,  upon  the 
oath  he  has  taken. 

L.  C.  J.  And  1  tell  you,  upon  the  oath  you 
have  taken,  you  are  not  bound  to  answer  any 
such  question. 

Oates.  Goody  my  lord,  let  my  questions  be 
answered. 

X.  C.  J.  No,  Sir,  they  shall  not :  how  now, 
do  not  think  to  put  irregularities  upon  us  ;  if 
you  will  behave  yourselt  as  you  ought  to  do, 
and  keep  to  that  which  is  proper,  well  and 
good. 

Oates.  If  your  lordship  pleases,  1  think  this 
very  proper  tor  me. 

X.  C.  J.  What,  to  ask  such  improper  ques- 
tions as  these  are  ? 

.    Oates.   Truly,  my  lord,  I  think  they  are  fit 
questions  to  be  asked. 

X.  C.  J.  But  we  are  all  of  another  opinion. 
Gates.  My  lord,  1  desire  to  know,  whether 
they  are  not  set  on  by  their  superiors  to  do 


V 


X.  C.  J.  That  is  not  a  fair  qnatkm  i 

Oates.  Give  me  leave  to  make  my 
my  lord,  I  beseech  you. 

X.  C.  J.  Ay,  in  God's  name  ;  but 
you  then  make  it  in  a  regular  and  b 
way  ;  for  I  know  of  no  privilege  y 
more  than  other  people,  to  use  wits 
you  do. 

Oates.  My  lord,  I  look  upon  m 
hardly  used  m  the  case. 

X.  C.  J.  I  care  not  what  you  lo 
yourself  to  be  ;  if  you  will  ask  quest 
none  but  fair  questions,  and  while  y 
within  bouuds,  you  shall  be  heard  as 
any  of  the  king's  subjects  ;  hut  if  ; 
break  out  into  questions  that  are  imp 
extravagant,  or  ensnaring,  we  must 
you,  and  keep  you  within  proper  liuiiti 

Oates.  Then,  my  lord,  1  ask,  WL 
was  not  a  witness  at  tiie  Trial  of  the  Fiv< 
and  at  Langhom's  Trial  ? 

X.  C.  J.  Ayy  that  is  a  proper  questi* 
say  you  to  it,  Sir  ? 

Hilslej/.  I  was  so.  Sir. 

Oates..  Pray,  my  lord,  ask  him  wb 
he  received  at  Uiose  trials  ? 

X.  C.  J.  What  a  question  is  that,  to 
man ! 

Oates.  My  lord,  I  think  it  is  a  fair  < 

X.  C.  J.  m,  indeed,  it  is  not  a 
at  all. 

Oates.  My  h)rd,  I  desire  to  know  ' 
duces  him  to  come  hero  as  a  witnc 
since  it  appears  that  now  he  comes  to 
evidence  that  he  gave  six  years  ago, 
not  believed  ? 

HiUley.  My  lord,  I  am  subpoenaed. 

X.  C.  J.  He  has  given  you  an  ai 
the  question,  though  1  Unnk  it  was 
question,  and  not  at  all  to  the  purpose. 

Oates.  It  may  be,  he  may  have  son 
ticular  reason  to  induce  him  to  it  now. 

X.  C,  J.  Well,  he  tells  you  he  cam€ 
he  was  subpoenaed,  and  that  is  suffici 
is  not  compellable  to  be  a  witness,  ui 
be  subpoenaed  ;  but  if  a  man  will  come 
a  sub])oena,  and  give  evidence  iu  a  cai 
is  no  objection  to  his  testimony. 

Oatts.  My  lord,  I  desire  to  know 
whether  he  is  to  have  any  reward  for  s 
in  this  cause  P 

X.  C.  J.  What  say  you,  Sir,  arc 
have  any  reward  for  your  evidence  ? 

Hilsley.  None  at  all  as  I  know  of,  i 
I  assure  you. 

Just.  Withins.  He  is  not  paid  for 
dence,  Mr.  Oates. 

Oates.  If  he  be  or  be  not,  I  cannot 
do  I  know  who  ever  was  paid  for  it. 

X.  C.  J.  Have  you  any  more  quesi 
ask  him  ? 

Oates.  Pray,  my  lord,  I  desire  to 
what  was  the  occasion  of  his  comin| 
from  St.  Omers  ? 

Hilsley.  1  had  finished  my  studies. 
Oates.  Pray,  my  lord,  be  pleased  to  a 
if  hft  Mvcr  hotfd  of  aoy  couoll  of  tki 


1101] 


STATE  TRIALS,  1  James  II.  l685.— >r  Perfmrf. 


[llOf 


Iwre  in  England,  in  the  month  of  April  1678, 
tnd  from  whom  he  did  hear  oi'it  ? 

Hiisiey,  I  did  hear  of  it  amon^  the  rest  of 
the  students  of  the  coUegre. 

L.  C,  J.  What  did  you  hear  of? 

UilsUy,  1  did  hear  of  a  consult  of  the 
fathers  in  April  1678. 

Alt,  Gen,  Yes,  there  was,  hut  not  sneh  an 
one  as»  Mr.  Oates  speaks  of,  nor  was  he  at  it. 

Just.  Holloicay,  For  what  was  that  consult, 
I  pray  you  ? 

Uiltfetf,  It  was  nothing^  but  a  triennial  con- 
gnsation  about  the  affairs  of  the  society. 

JL.  C.  /.  %Vhat  were  they  to  do  there  ? 

HiisUy,  My  lord,  I  was  infer me<l  amongr 
them  there,  that  it  was  only  what  they  irsed  to 
hare  once  in  three  years  for  onlinary  aH'uirs. 

Off/ff.  3Iy  lord,  lie  pretends  to  tell  when 
1  came  tiiitrter ;  1  desire  to  know  of  him  from 
vhat  time  it  was  he  saw  me  there,  and  how 

UiUley,  Generally  every  day,  as  near  as  I 
ran  remember,  I  think,  Mr.  Outes  ;  you  and  1, 
Mr.  Oates,  went  to  M:hool  in  the  same  place. 

Ovtc*.  Fray,  how  many  days  was  I  aliscnt 
from  tlieuce  in  that  time  you  were  there  f 

UiiiUy.  You  were  there  generally  as  often 
ti  I ;  1  do  not  know  whether  ever  you  missed 
adayorno. 

data.  Pray,  my  lord,  will  vou  ask  the  gen- 
fam  one  question  more,  VVhcther  he  can 
pvDciilarly  tell  that  he  did  see  me  every  day 
M  ft.  Omers  ?  For  it  it  not  enough  for  him  to 
IMW  that  he  saw  me  there ;  but  he  oupht  to 
|m  an  account  how  he  conies  to  know  it  by 
•ane  particular  ciroumstaDccs. 

£.  C.  J.  He  has  given  you  several  circum 


\pril 


rtawes  of  his  knowledt^ ;  fur  he  says  he  was 
fkert  all  tlic  while  from  your  comincr,  till  the 
fSd  of  April  New  Stile,  that  he  came  for  Ko^- 
ImmI  ;  he  says  he  was  u  scholar  in  the  same 
fimn  and  class  with  vou,  and  because  he  does 
MC  remember  himself  to  have  been  absent,  he 
Iks  not  remember  you  lo  be  absent  neither. 

Att.  Gen.    And  he  swears  particularly  to 
4e  Terr  time  lie  came  over,  which  was  A| 
*e  14th  Old  Srile. 

Quia,  Well,  i  have  no  more  questions  to 
Mk  this  ^ntleman. 

L  C.  J.  Then  call  another. 

SW,  Gfn,  Cryer,  call  Mr.  John  Dorrcl. 
[Who  was  sworn.] 

L  C.  J,  Look  ye,  Mr.  Attorney,  you  did 
<^  things  at  the* first  for  method's  Huke  by 
IKtiods  of  time  ;  the  first  was  Hilsl(;y*scomin<r 
*>^,the  next  was  the  meetint^  \^  itirUiimaby  ; 
^  pray  ol>serve  tliat  method,  and  call  ifiat 
Banaby  next. 

AU,  Gen.  My  lord,  we  shall  call  hin\  by  and 
^ ;  hut  we  have  not  done  with  this  bnsiiiess 
*^t  Hilslcy,  we  have  some  witnesses  tliat 
^girean  evidence  to  strenfi^hen  and  back  his 
^■HMiiy.  Come,  Mr.  Dorrel,  whut  ha\e 
f9u  to  say  to  this  matter  ? 

•Uorrel.  My  lonl    in  April  1078,  I  came 

■  Pgwwls  to  Enc^land,  where  presently 

■  I  Q$mB%  I WM  with  one  Mr.  Osbouni  and 


i 


my  mother ;  and  there  was  a  disconrse  between 
my  mother  and  him  about  religion. 

L.  C.  J.  Where  ^as  that  ? 

Don  el.  It  was  here  in  En{«^Iand. 

Att.  Gen,  Now  tell  the  time  when  that 
was. 

Dorrcl.  As  near  as  I  can  guess,  it  was  the 
1.5th  or  16th  of  April  Old  Stile,  in  the  year 
1678. 

Att,  Gen,  AVell,  Sir,  go  on  with  your  story. 

Dorrel.  My  mother  was  laughing  at  Ids  re- 
ligion, and  telling  him  some  ridicuhtus  stories, 
and  he  replied.  There  are  a  great  many  that 
are  so  ignorant,  that  arc  bred  up  in  the  religion 
of  the  Church  of  £nglan<l,  Uiat  they  are  forced 
to  l>e  sent  to  the  colleges  abroad  to  be  taught, 
even  some  of  the  clergy  of  that  church;  and 
particularized  in  one  Sampson  Lucy,  alia* 
Oatc<:,  that  was  a  scholar  at  that  time  at  St. 
Omers,  as  he  was  assured  by  a  gentleman  that 
was  newly  come  from  thence.  My  mother  is 
now  sick,  or  else  she  would  have  been  here^ 
and  would  have  testified  the  same  I  now  do. 

Sol,  Gen.  Tliis  gentleman  is  a  Protestant, 
Mr.  Oates. 

Oatts.  "What  is  your  name,  Sir,  I  pray  ? 

Dorrel.  My  name  is  Jubn  Dorrel,  Sir. 

Oates,  Were  you  never  at  St.  Omers  a  stu- 
dent tliere  ? 

Dorrel.  I  was  there,  but  before  your  tune. 
Doctor  ;  I  had  not  the  happiness  to  be  there 
while  you  were  there. 

Oates.  1  pray,  Sir,  what  religion  are  yon  off 

Dorrcl.  1  am  a  Papist  now. 

Oates.  I  desire,  my  lonl,  the  Court  would  be 
pleased  to  take  notice  of  it ;  he  owns  he  was 
reconciled  to  the  Church  of  Itomc. 

Dnrrel,  Mr.  Oates,  to  satisfy  you,  I  went 
over  when  i  was  a  child  of  12  or  13  years  old, 
and  so  was  bred  in  that  i>crsuasion. 

L.  C,  J.  Well,  well,  we  all  observe  what 
he  savs. 

Soi.  Gen.  Pray  swear  Mr.  Oslwurn.  [Which 
was  done.] 

Alt.  Gen.  My  lonl,  we  call  this  person  only 
to  this  matter.  'Pray,  Sir,  will  you  give  the 
court  and  the  jury  an  account  what  discourse 
you  had  with  Mr.  Ifilsley  about  Oates,  and 
pray,  Sir,  tell  the  tune  when  it  was  ? 

Oibourn.  My  lord,    I  went  out  of  town  tlie 
30th  «»f  April,  "the  year  before  the  |>retended 
j  Ph.t  was  discovcreil  by  Mr.  Oates,  and  I  met 
j  wiih  ?ilr.  llilsW'y  two  or  three  days  before,  and 
\  cntiuiringof  him  about  the  affairs  of  St  Omers, 
.  he  tol(!  me  of  a  minist.T  of  the  Church  of  Eng- 
land that  \^as  come  thither  to  be  a  student 
tliere,  who  went  under  tli-j  name  of  Saniftsoii 
Lucy,  hut  his  right  name  was  Oates  ;  I  asked 
him'what  he  pretend(.Hl  to  ;  did  he  intend  to  be 
of  that  order  :'  He  tobl  me,  he  did  believe  that 
he  ivonid  not  l>e  ailmittf'd  for  his  irri>gular  and 
childish  beliavioiir,  and  that  he  hud  \k\\  him 
iu  the  colb'ge ;  ai:d  this  1  after^rards  in  dis- 
course tohl  to  madLun  Dorrel,  who  \>  a  Protr.j- 
tant  ;  and  to  my  mother,  who  is  since  di-m!. 

Att.  Gm.  Uiil  Mr.  OaU'S  ubk  tiiii  ;^iMu- 
man  any  (^uc!ili«^s  C 


ItOTj        snmTKUaS,  l  tAmn  B.-l6Uf^lHrf^nw  Ctia, 


L.  C.  J.  Wbat  reli 


wlMilKiigiMb«w«fr 
ioo  are  you  <ili  8ir  F 


reliffioo  «i 
Otloiini.  1  am  a  Koma  Catholic,  ny  lord. 


80L  Oen.  Now,  B(iy  kini, 
-lir.  Bunafegr.     Pray  awei 


to  call 
[Whicli 


Aih  Om.  Mr.  Bamabyy  prav  will  yoo  ae- 
■^oaint  my  loH  aad  the  juiy,  or  t^  liiiie  wbta 
you  came  ftoni  fk.  Omers  to  Englaiui,  aad 
mhm  you  met  with  Mr.  Hilsley  r 
.  Barmi^.  InNtwidiHikleyiMithaiethof 
AfrilOldSlile,mtbey«ar78;  tbcnlpwaucd 
vgrlMirDeyUM  fbUowuig  day  to  9l  Omera. 


Wiiere  did  ymi  meet  Urn  r 
Bumaby.  Belweea  Sittenboani  aad  Ca«ter- 
tavf^aad  afterwaida  1  pumoed  my  joumey 
Am  Cantcrhmy  to  Dover,  fioM  ftbenea  to  Ca- 
hdi,  aad  frpm  wonea  to  8c.  Ome^^  I  arrived 
at  hL  Omen  the  9lat  of  April  Old  Stile, 
whiehwaetbe  IK  of  May  New  Stiles  upon 
the  td  of  May  Mr.  OateewiisiB  myeompaoy ; 
I  waa  walkii^in  the  garden,  and  M'came  into 
miy  eompany. 
L.C.J.  When  waa  itr 
Btt raeJiy.  The  «d  of  Ma^  New  Stile,  aad  the 
^  0d  of  May  again  1  went  into  the  canleo,  and 
there  he  was  with  bm  again ;  aaa  the  5lh  of 
Jfay  I  mw  him  agi^ 
L.C.J.  Wberer 
JBtirmiky.  Intherhetoridkfom. 
'  X.  C,  X  But  where?  In  whMt  pboef 
BaraaH.  At  St  Omera. 
■.    X.  C.  ^  Yon  ipeak  of  yoarown  knowladge, 
jroo  are  rare  you  aaw  bim  there  at  thoee  times  ? 
Bunuihy,  Ves  in  the  Rhetorick  achool,  and 
in  the  garden. 

Att,  Gen.  What  more  dcr  yoa  know  of  him  ? 

Burnaby,  1  saw  him  again  the  8th  of  May 

New  StUe,  that  is  the  28th  of  April  Old  Stile ; 

I  mean  by  New  Stile,  that  stile  which  was  used 

jn  th^  place  where  1  was  then. 

Att.  Gen.  How  long  was  he  there  before  he 
went  away  ? 

-  Burntiojf,  I  know  he  was  there  from  the 
•dd  of  May,  the  day  after  I  came  thither,  to  the 
.IKMh  of  June,  and  then  I  went  away,  or  there- 
<abouU. 

X.  C.  J.  Did  you  see  him  daily  all  that  time. 
Bumabjf.   Yes,  from  day  \o  day  he  was  not 
4>ut  of  the  bouse. 

Lh  C.  J,    Were  you  a  scholar  there  with 
liim? — Bumabjf,  Yes,  I  was. 
L.  C.  J.  What  year  was  that? 
Bumaby.  Inthevear78. 
Att.  Gen.  Mr.  Oates  may  ask  him  wbat 
fioestions  he  will. 

Oate».  My  lord,  he  says  he  went  away  ;  I 
(desire  to  know  whither  he  did  go. 

Burnabu.    I  went  away  the  20th  of  June 
from  St.  Omers,  it  is  no  matter  whither  1  went. 
Oatrs.  I  desire  he  may  give  an  account 
what  religion  he  is  of.- 
Bunuiy,  I  am  a'Koman  Catholic. 
Os/Cf.  my  knrd,  I  desire  to  know  whether 
he  be  notof  tliat  order. 
X.  C.  /.That  IwiilMlMkhimil'llas. 


.    Omia.  Tnily,  aiy  lord,  I 
hard  matter  tor  me  to  iMtta 


it 


\ 


L.C.J.  1  have  toU  you  alrcad| 
not  to  ask  aay  qucstioas  of  any  witai 
may  aal^iecttbem  to  any  penalty, 
them  accuse  tbemselve«  of  any  onna 

(Vtes.  My  lord,  I  humbly  desire 
giro  an  acoouat,  wtielhar  he  woraa 
led  into  the  sodeto.    ' 

JLC.J.  I  teU  yoo,  he  ia  not  ts 
that  i|ocstioB. 

Oatet,  He  haa  fwned  it  before. 

JLCJ.  Do  you  take  your  advaai 
ifyoQcaaprofeit. 

Omim.  Tbea,  mj  bid,  I  dcaire  to 
whether  or  ao  he  md  appear  as  a  win 
Trial  of  the  fire  Jeauits. 

Bumokf.  No,  my  kiid,  1 4id  net 

Oate$.  Pkay,  mj  lord,  ask  him  a 
waa  not  summoned  to  ^psar  then. 

Bumaby.  No,  I  waa  imL 

Omte$,  Pny,  my  h>rd,ask  him,  wl 
heisto  have  for  comhig  andgiviaf 
denoe. 
.  JL  C./.  Areyou to hareany  tcwi 
uiga  witneas  in  this  causeF 

Bunu^.  None,  my.lord,  that  I  b 

L.  C.  XThat  was  a  proper  qoci 
asked,  and  yen  hare  a  fair  miswer  to  i 

Oatei,  Pray,  Mr.  Bomaby,  by  a 
did  vou go  at  St.  OmetsF 

Ifarna^y.  Bv  the  name  of  Blnnt. 

Att.  Gen.  And  wbat  name  did 
there? 

Bumahy.  Who,  Sir  ? 

Att.  Gen.  Mr.  Oates? 

Burnahy.  Bv  the  name  of  Sampsc 

Oates.   My  lord,  1  desire  yoo  to 
whether  he  did  know  of  any  Consult 
to  be  held  here  iu  London,  in  April 
by  whom  he  knew  it  ? 

L.  C.  J.  What  say  you,  Sir,  did  ; 
of  any  consult  ? 

Burnaby.  No,  1  neither  heard  < 
knew  auv  thinpf  of  it. 

Atl.  Oen.  Now,  my  lonl,  we  shal 
another  period  of  time,  and  thai  is  c< 
Pool.     Swear  Mr.  Pik)1.      [Which  n 

SoL.  Gen.  Pray   will  you  acquain 
and  the  jury,  whether  you  knew  Mr. 
at  St.  Omers? 
'JPoot.  Yes,  I  dill,  Sir. 

Sol.  Gen.  Do  you  know  the  time 
came  to  St.  Omers? 

Pool.  No,  I  do  uo  not  remember  it 
Alt.  Gen.  When  did  you  come< 
Sf.  Omers? 

J'oul.  The  25lh  of  April. 

Att.  Gen.  What  Stile? -Poo/.  Old 

Att.  Gen.  In  w  hat  year  ? 

Fool.  In  the  year  1678. 
Att.  Gen.  Did  you  know  Mr.  Oa 
Omers  ? 
Fool.  Yes,  I  did  know  thatgeolka 
Att.  Gen.  Was  be  at  St.  Omen  i 
youwaathei^f— iW.  liai^haiiib 


J 


VTATE  TRIALS,  1  James  II.  iS^S.^for  Petfuff, 


fllOtJ 


1  you  Itavc  him  llicrc  when  you 
I  liid  letve  him  tbjere  when  I 


f 

••  Pray  tell  ihe  court  sorae  particu* 

Hly  "    'T  ""^-  -mber  it,  ami  upon  what 

jpoft  „,^  ,  .cawoti  of  my  brotber'i 

ine  ovrr,  and  1  can  tdl  ^¥eral  par* 

my  journey ;  1  came  away  upon  ihe 

,  ■fkii   1  c&um;  to  LondoQ  upon  the 

Uowing. 

fn.  You  ore  it] re  you  l^h  Mr.  Gates 

'e%,  1  am  aure  1  did  \tuye  Mr.  Oatea 

*n  f  cameauaVf  aod  I  came  away 

i^ihoi'May  New  Stile,  the  25th  of 

l^tiJe. 

<t.  Prey  how  long  did  you  know  Mr. 

a? 

knew  him  there  from  Christmaa  be^ 

.  You  were  of  the  college,  were  you 

o/.  Yes,  I  was  a  i»tndeut  there, 

.  Vou  are  auie  he  was  there  all  the 

do  not  remember  he  was  a  day  ab- 
if  he  had  gone  away,  particular  no- 
I  have  b«eo  taken  of  it. 
.  Did  you  aee  liim  there  two  or  three 
e  you  came  away  ^ 
•aw  him  tiiat  muniingr  |  came  away. 
And  what  time  before  T 
tmm  him  two  or  three  doya  before 

X    Can  yOQ  name  any  particular 

saw  him  the  1st  of  Hay,  and  the  Sd 
lud  the  5th  of  MttVt  uhith  waa  the 
K^Utd  Mtde,  and  thea  1  came  away, 
^gft  yuu  aure  you  tett  him  there 

r  in   aure  I  left  him  there,  I  can 
itiioat  any  difficulty  at  alL 
'.  What  do  you  ask  him,  Mr.  Gates? 
1  de*ii»  to  know  >vhat  religion  he  is 

tuat  religion  are  you  off 
a  Kitmaa  Catholic. 
I  decire  yourlonlship  wuuld  ask  him, 
be  was  a  witneaa  at  the  Trial  of  the 
:»»  or  at  LAnghora's  Trial. 
lio,  1  waa  never  an  evidence  before  io 

IVay,  my  lord,  ask  him,  wh^^tUer  he 
ilmiiled  into  Ihe  Sodality  ufthe  Vir 

\  No^  mdeed,  I  shall  ask  him  no  such 

my  lord,  let  him  auswer  it. 
e  what  yoa  can  when  it  come 
^bui  4tk  htm  DO  entangUng  q^ies- 


Oates,  It  is  my 

i  agauiit  me« 


defence  to  ditahle  the  wit* 


fhitM  made  htm!ietf  liable  to  a  pe- 
;  m  that  itmmary. 
Mp#  a  man  may  be  at  St,  OoMrs 
tiH  |it&iah^  f9r it^ &lr,  Qiitet« 


L,  C7J,  But  they  must  not  be  a£»ked  what 
may  make  them  accuse  themaelvea. 

Gates.  My  lord,  it  it  hard  that  the  witnestei  ; 
slmtl  not  he  made  to  answer  tny,  questions. 

X.  C.  J,  Pray,  Sir,  l»e  quiet  j  we  have  told 
you  often  enouj^h  already,  ycm  must  not  think 
to  govern  Its,  it  must  nothe*allowed. 

i)aiu.    My  lord,  I  de-s^ire  he  may  be  asked 
then,  wluit  reward  he  has  to  come  and  swear  ,j 
in  this  cause. 

Fool,    My  lord,  1  do  not  know  that  I  am  i 
much  as  to  have  my  charg:Qs  borne. 

X.  C.  J.  Arc  you  to  have  any  i-ewardf 

Pool,  No,  my  lord,  that  1  know  of. 

Oat€9.  Pray,  my  lord,  I  desire  he  may  W 
asked,  what  was  the  occa&ion  of  Mr.  BiiBfey'* 
cotniiig'  Sway  from  HL  Gmers. 

Pool,  Indeed  I  did  not  exMinine  into  the  oc- 
casion Bt  all,  for  I  wss  never  a  man  that  med* 
died  or  made  on  any  side,  hut  lived  quietly  in  the 
coltege,  and  minded  my  studies. 

Oate$,    My  lord,  I  desitc  your  lordship  to-  | 
ask  him,  whether  he  did  know  of  any  codbuII 
of  the  Jesuits  in  April  167B,  and  from  whom 
he  knew  it. 

PqoL  1  know  not  of  any  particular  consult, 
i  heard  some-tiuDg  in  general  of  a  Triemual 
Congregation,  but  f  cannot  speak  any  thing  4 
aiy  owu  knowlcfdge. 

Oa/rir    My  lord,  f  desire  to  know  of  him,  i 
he  can  lell  when  i  came  to  St.  Gmeis  P 

X.  C,  J,  Do  you  know  when  Gates  came  io 
St»  Omers. 

Poid,  About  Christmas,  as  near  as  I  can  re* 
memljer,  it  was  the  liitter  i-nd  of  November. 

Oiit€4.  How  much  before  or  after  ChrisitmaAl 
was  it? 

Pool,  X  cannot  tell  eiractly. 

Oaten,  Whatyear  wasitin?— Poo/,  fn  1677. 

Gates,  I  desire  to  know  of  him,  lYty  lord, 
whether  he  aaw  me  every  day  at  8t.  Gmersal 
dinner. 

Pool,  i  cannot  say  that  ever  I  knctv  he  wao  j 
absent  any  one  day, 'never  three  days  I  think  1 1 
may  atfirm,  but  only  when  he  was  in  the  In* 
firmary. 

Alt,  Gen.    That*s  the  place  where  they] 
when  they  are  sick. 

Gates,    Prny,  my  lord,  ask  hini  by 
name  iie  went,  when  he  Yias  there  in  the  col*  i 
lege, — Pool.  By  the  name  of  KiUin^'1>eck. 

SoL  Crn,  By  what  nanic  «!i(t  he  jj;o,  I  prajf  I 
you  P — PooL  By  the  name  af  Sampson  Lucy,  j 

SoL  Ccn.  Swtr.r  Mr.  Henry  Thornton.— ^J 
[Which  was  done.] 

Att»  Gen,  Mj\  Tbonitort,  pray  where  wero 
you  in  the  year  JC78? 

Thornton*  At  St,  Omers,  my  lord. 

Att.  Gen,  Do  you  remeujtier  Mr.  Oataf  | 
there,  do  you  know  him? 

T/tQmton,  Yes,  i  know  hjra  vei  y  well. 

Att,  Gen*  When  did  he  come  tbither  ? 

Thornion.  He  caiue  ihero  ahout  v^'hristmif 
1«7* 

An,  (hik»  VLq^  \ 


40 


[  Vn^  ^  \^  <s^ifc^uh^\^'^^i%^ 


Ii07j        flTATIltWALSb  i  lAHM  IL  iCpA^BM  f^llNKtatak         [IM 


Be  flaid  than  liHflt  Ma  Bii^ 
tiii'i  Efe,  in  June  1078. 
:  Alt*  Qmu  MidMUiuBir  joo  hmmF 

SRbniloib  Yflt»the£Teof8l.  J«luiBi|iliit 
.ai«.Gn.Wliit8liler 

'  ML  Gem.  1M  pmwfhm  tken  aB  tfie 


MnrTfmrfltfla^  DIM  thee 


npoB  file 
itheildi 

_  .  Mw  lum  die  Ut  of 

MftyKmr  fltfla^  opM  the  oonii^  of  M r.  Bv- 

Mbgrtothe  college;  mmI pwtmlaily egno I 

— Miliii  him  Ihete  the  M  ef  Mey»  wbea  my 

eclM-IUIows  exIubiM  Ml  eetioo,  er  plnr. 

^<.Gm.  WasMr.OiAMtlienitlMar 

TkanUmu  Yes,  I  tew  hini  pneoit  M  H,  nd 

1  knew  it  ^  thie  pertkolar  etreneMHani,  thge 

>  betweea  him  end  another 


ptoeolowelhttJi^ar 

Mr./iNut.  DayoaeeehimtheSSdefilprO 
CMd  fltiHthatbtbrSdof  )!•¥  NevfiSe, 
whkh  wee  the  day  after  your  pny,  that  yen 


thetldidoM 


nerelde.  Idenot 


.  IfeJaeei.  Doyou 

I  away  fipom  St  Oamri  7 


'.Ptool 


Jlomloa.  Yee,.Ido. 

llr.  /oeef.  Wheo  was  that? 

I%omt<m.  The  6th  of  May  New  Stile. 

Mr.  Jones.  Wai  Gates  at  St.Omenattbat 


J%omt<m.  Yes,  he  was  there  then,  I  am  sure. 

Att.  Gen.  Was  not  be  Reader  there  in  the 
college? 

iSomUm.  He  was  Reader  in  the  Sodality, 
and  to  my  knowledge,  be  did  not  mim  once 
from  the  84th  of  April  Neir  Stile,  to  the  34th 
of  May  New  Stile,  irom  bebg  there,  and  read- 
ing in-ihe  eodality. 
.  XC.  J.  What  did  he  use  to  read? 

Thornton.  Some  spiritual  book,  or  piece  of 
divinity,  or  the  like,  as  it  was  usual  to  bare  read 
erery  %nday  and  Holiday. 

L.CJ.  And  that  is  one  reason  why  you 
conclude  he  was  there  all  tbat  while,  beoause 
erery  Sunday  and  Holiday  be  was  to  read,  and 
•  did  read  f-^Thomion.  Yes,  my  lord. 

Oatee,  I^y,  my  lord,  be  pleased  to  ask  this 
gentleman  what  religion  he  is  of.  * 

TkorniQn.  A  Ronum  CathoUc. 

Oaiee.  Where  does  he  lire? 

L,  C.  J.  Where  do  you  lire,  Mr.  Thornton  ? 

nomiotL  I  am  a  Northumberiand  man, 
Ihat^s  my  country. 

Oata.  My  lord,  I  desire  to  know  of  him, 
when  he  dkl  oome  ftem  St.  Omers. 

TkonUan,  I  came  from  St  Omen,  my  lord, 
ttwp  yean  jAar  theft  aslea.veHt  away 


OMb  tagnagrlKbi^l^MiiNirithim, 


tS!L 


wnc  is  wae  tnaa  wni-i 
hoaeeorcoUege. 

Snbmlen.  it  WM  can  Mr. 

Oatei.  Prsy,myhNfdhe| 
wbataehoelheweeiir 

TkonUom.  Iwaainfl 

OaUi.  Then,  my  lort»  I  ^ 
othar  qBcatifln,ima  tteft  faHw, 
wMnoft  anitnnsinhehalf  if  <" 
atfdMr.Langhenir 

IWnten.  Mn»Iwaai 

Otfei.  My  hnd,  IdeMataiMT  if  he  em 
teUfthceceMiencrMr. 
finom  StOmenL 

nmrmiom.  Um 
InemeMpimdinfteit 

Oste.TMi,myloni,1i 
qo^Btun,  Why  he  4b  10  praeiaa  an  te  Mi  1^ 
eamtanoe  cf  vnaft  wae  none  in  Aftn  .iM 
May,  when  ha  deea  nOft  gitn  nn  noaemhtf 


X.C.X  Yee,botdMjde;  tlwy  gMjM 
npartionhur  aeipHnft  tnm  Inn  tiflMerum 
coming  thtthsTt  vhicli 
eoaseeaytheiiilsrendi 
ginning  of  December,  thoy  are  ; 

ftwi  ihaft  lime  an  along  tBlJnm 

Os^es.  I  beg  yoqrTirfd>ya  imifcilJ 
not  heee  tiMH  ha  aaid  any  io 

L.C.J.  Ifyouwili,l*lli 
'   Ihryawi  "''  " 


Oatet.  tf 

£.  a  J.  thHimMirhalli 
reoAomber  that  Oates  was  dwia  in 
ftra,  and  in  Fefaniary.brfbfeF 
Yes.ri 


Thornton.  Yes,  f  particulaity  reoM 
March  before,  be  did  read  a  rimcnloaB 
the  Sodality,  and  he  was  remaikaUe  in  lbs 
house  by  twenty  ridiculous  pasaasea. 

Oatei.  I  do  acknowledge  I  md' 
read  a  pleesant  book,  callM,  i  *  The 
'oftbeClergy.'^r 

X.  C.  J.  By  whoee  order  did  ha  icad  tbat 
book  m  the  Sodality? 

Thornton.  1  do  not  know  wihether  it  wmly 
his  owjx  election  that  he  wae  Reader  tbsre^er 
by  the  command  of  the  Prefect  of  the  Smttn^ 
that  has  the  care  of  the  students,  and  appehU 
them  tbeir  business. 

Oatei.  Pray.my  iord,bepleanedlaaAhmb 
how  long  he  was  resident  at  St  Omera. 

I%omton.  I  was  there  eeren  years. 

L.  C.  J.  You  said  he  waa  tlMce  in  Jaas^tiB 
Midsummer  Ere. 

Thornton.  Yes,  he  wae  ao. 

Oatei.  I  own  that  I  was  there  in  Jaas^  M 
that  wee  after  I  returned  fimn  England. 

L.C.J.  Whendoyoueay  heleft  thasri* 
legefirat? 

Thornton.  He  nerer  left  the  colkga  i«i 
the  tune  of  hie  oonung  thither  finlulMi^ 
summer  ere,  only  one  time  thai  ha  am  t^ 
Watton,  and  that  waa  but  a  day  ar  tlioat  aMh 
whidi  is  not  a  leagne  ant  af  town. 

X.O./:Doyo« 


STATE  TRIALS,  I  Jam  es  II.  1 6a5*-/tfr  Ptrfurj.  [  1 HQ j 

Sol,  Ocn,  Da  yuu  remember  )Ir,  Oates  tber«  j 


•  Yfi,  my  lord,  ?ery  well, 
Pl'b«ii  wM  it  he  wetjt  to  WattonF 
on.  About  the  latter  end  of  January, 
remember,  and  in  February  above 
ie,  I  remember  biia  particularly  to  be 

L  Now,  Mr.  Oates,  you  see  he  speaks 
times  besides  April  and  MaXt  and  he 
ipoQ  my  word,  very  notable  circum- 

He  says  he  went  to  school  with  me 
liinJc^  ray  lord  ? 
m.  No,  X  say  be  was  in  the  same 

F.  But  not  in  the  same  Classis,  for  it 
n  were  ia  the  Hhetorick  ibrui,  and  he 

Hi.  My  lord,  be  went  there  by  rea* 
I  age,  and  upon  no  otiier  account  *  he 
re  gsme  elsewhere  wiih  us  who  were 
:  form,  for  any  great  store  of  learuinj^ 

h  You  hear  him,  1  suppose,  Mr. 
>d  Sivea  no  great  commendation  of 
^iarsiiip* 

That  IS  aothiug  to  this  ijui?stion ;  but 
lord,  be  pleased  to  ask  him,  Wbe* 
4  »ot  hear  of  a  Consult  of  the  Jesuits 
ill  England  in  April  1678? 
F.  What  say  you,  fcfir?  Did  you  hear 
dt  consult  f 

on.  Yes,  my  lord,  I  did  hear  of  a  tri- 
kgregatiou,  such  as  ut^ed  to  be  held  by 
.  Utat  did  not  belong  to  me  to  eoquire 

My  lord,  I  desire  to  know  of  whom 

arit? 

I  How  do  vou  know  there  was  such 

?  Who  told  you  of  it? 

(I  heard  of  it  in  the  house,  and  I 
I  it  WHS  the  custom  of  that  society 
hftFe  such  a  meeUng  once  tu  tliree 

m*  Pray  for  what  purpose  did  they 

M.  Ai  I  hare  been  told,  it  was  to 

mrator  to  Uotne,  and  for  their  ma* 

heir  either  uifairs,  uhich  concerned 

iiy, 

n.  Have  die  Jesuits  usually  such  a 

ice  in  thi-ee  years,  Sir  ? 

011.  I  waa  never  prcseat  at  any  such 

(•an,  1  was  not  capable  of  it. 

m  But  was  It  used  to  be  said  so  f 

M.  Yea,  niy  lord,  I   have  heard  it 

id  read  of  is. 

I  Bfr.  Oates,  will  yoa  ask  him  any 

ittoosf — Outu,  No,  my  lord. 

,    WeU  then,  g^  od.  Air.  Attorney, 

QOtber  witnesa. 

leu.    Swear  Mr.  William  Conway, 

ras  done.l 

m,  Mc.  Conway,  Dray  will  you  g\^ 

nd  tlic  jury  an  ^udcouhI  where  you 

!•  jeer  lCi?7,  and  ia  the  year  1678^ 

k    I  vpaa  tliea  at  Sl  Onitrh  oiy 


at  any  time  P 

Ctifitf ay.  Yes,  my  lord,  I  do. 

^i  Gen,  Pray,  at  what  time  was  he  the 
as  you  remember  ? 

Conway.  He  came  in  December  befor 
Christmtis  1677,  and  did  not  go  away  till  Juoi 
1078. 

SoL  Gee,  What  time  in  June  did  he  gol 
away  ? 

dnnjffy,  Abnut  the  !30th  of  June,  I  think. 

Sot.  Gm,  Were  you  tliere  all  that  year  ? 

Conttiti;^,  Yes,  1  was  there  a  acbolar  in  th4i1 
college. 

Mr.  Jones^  Was  he  all  the  time  you  speak  ofil 
the  college? — Conwuy,  He  lay  out  one  tught^] 

So(,  Gen.  What  time  was  thatP 

Conuatf.  Iq  January,  to  the  best  of  my 
meinbrauce, 

SitL  Gen.  Could  be  be  out  of  the  college anyl 
time  and  not  be  missM  ? 

Cona^ay.  No,  my  lord,  he  could  not. 

SoL  Gen.  Did  you  miss  him  at  any  time? 

Conwuy,  No,  my  loi"d. 

SoL  Gen.  Was  he  there  in  April  1678  ? 

Conicay.  Yes,  my  lord, 

St>i»  Gea.  Can  you  tell  any  particular  pas 
sagee  that  can  make  you  remember  it? 

CoiiA^oy.  Yes,  my  lord,  I  can. 

Soi,  Gen.  Tell  my  lord  and  the  jury  boa 
you  can  remember  it. 

Conway.  I  remember  IMr.  Hilslev's  depar« 
ture,  which  was  the  24th  of  April  New  htileytl 
and  soon  at\er  Mr.  Burnaby  came,  but  f  do  ( 
not  know  the  time  e^ractly  ;    I  was  desirous 
know  of  Mr.  Burnaby,  whether  he  met  Mr. 
Hilsley  upon  the  way  I*  And  he  told  me  he  d'u 
meet  him ;  and  the  ncjtt  day  1  saw  >lr.  Oab 
and  Mr.  Bumahy  walking  together  very  famii* 
liarly,  and  I  took  particular  notice  of  it  at  C 
lime,  Mr.  Burnaby  l>tmg  but  newly  come,  W9 1 
that  I  look  hioitohaTC  known   Mr.  Bumahrl 
before,  or  else  I  conclufled  him  to  be  a  litiM^  ] 
impudent  by  his  intruding  into  his  company. 

SoL  Gen,  Do  you  remember  him  in  Merc^  | 
before  ? — Coaway.  Yes,  Sir, 

SoL  Gen,  Wiiat  particuUrs  do  you  ramem<- 
ber  of  his  being  there  then  f 

Conway.  1  remember  him  to  be  there  on  the 
Thursday  in  Mid-Lent,  the  scholars  in  the  col* 
lege  had'a  petmliar  recreation,  which  ihey  catl,  | 
*  Hawing  of  the  witch,*  and  Mr,  OaUfS  wa»  I 
among  them  ;   and  f  was  one  of  them  tha%  j 
broke  a  pan  about  his  bead  for  recreation. 

SoL  G(n.  Do  you  remember  the  1st  of  May^  J 
that  there  was  in  your  college  a  play  acted  ?    •  | 

Conmay,   As  for  the  play,  1  remember  wbal  I 
part  esquire  Pool  acted  fo  it,  but  I  rvmemhep  ] 
uol  any  particulars  that  f^ttu  make  me  so  sure 
as  to  swear  that  Oates  was  there. 

Ati,  Gen,  Do  you  remember  any  scufflinf  | 
Ant  a  eleee  there  r 

Cof^moy.  I  do  not  remember  tl  of  my  ewi^l 
knowlrdgc ;  I  beani  of  it  afterwarda. 

S<yL  Gen,  You  say  that  you  aaw  Mr.  Bur*J 
naby  and  him  walking  together  llie  next  day.  j 
aiVr  he  came  ?— Conaa^^.  \^^  V  ^^Vk^'^^t, 


Itll]         SrATBlBiAUllAtiiill. 

Cppway*  MylBtdytiiq^wiiUMiiliiff  chwcD 
MeoiiiiiifftotiieeiMtomloMid}  IwllIr.Oite 
took  tiM  book,  and  did  rMd. 

SoLOtm.  IMd  iMtad  oonolaiitfyr 

CbMMy.  I  did  netdlr  niii  lum  oay  Sunday 
or  HoKday  all  the  time. 

X.C./  From  what  time  to  what  tune  did 
heffodf 

OwMNy.  Fhm  a  litde  alle»  Eaalar  tlD  he 
wni  away. 

JM.  Gen.  Toitoiaany  taken  notioe  of  in 


I<8«^lkif^fllb0ita^         ttttt 


tiie  ooikige  when  any  nerooii  who  ia  a 

fooe  away  fioni  the  eiuie^T 
Cmwuji.  There  ia  nothing  moie  diaeooraM 

of  an|ong  the  aebolara  than  that,  when  it  hap- 
ena  atty  one  geca  ont  of  the  eoQege. 
X.  til  J.  And  pray  when  did  he  go  awayf 
Cummr.  In  Jnne^  abont  the  twentieth,  aa 

.    Soi.  Oim.  Did  yon  obaerfe  him  at  dhmer 
tiiereoonatantlyr 

Ommn.  Yes,  he  sat  by  himaelf. 

8oL€fem.  How  came  that  to  paaa? 

Cbnway.  He  sat  at  a  little  table  in  the  hall 
by  KJmaJf,  for  he  pretended,  being  a  man  in 
yeara,  he  ooiild  not  diet  aa  die  reat  ^  the  young 
atodenti  did,  and  therefoie  obtained  lea?e  to  art 
nkneata  Jittle  table  by  himseir,  and  heaat 
MBtto  thetaUeof  the  Fathers,  to  whidi  ail 
tiieatndenta  were  to  aaake  their  ic<mcence  be- 
ftfo  they  aat  down. 

Ih  C.  J.  He  was  a  wy  remaricable  man  by 
biasitthig  by  himself;  did  he  sit  there  always? 

Caiuhy.  He  changed  his  table  once,  and  I 
tocdc  notioe  that  he  ftat  on  the  other  side  of  the 
refectory. 

Sol.  Gen.  When  was  that,  I  pray,  can  you 
remember? 

Ommmf.  That  was  a  little  afWr  Easter. 

Att.  Gen.  Will  Mr.  Gates  ask  him  any 
^neationaP 

Oalei;  Pray,  my  lord,  will  you  ask  this  gen- 
llemnn  what  religion  be  is  of  ? 

Cofiapoy.  I  am  a  Roman  Catholic. 

Oaiei.  VnVy  ask  him  where  he  lives  P 

X.  C.J.  Wliere  do  you  live,  Sir? 

CantMw.  Wh^re,  now  at  present,  my  lord? 

X.  C.  J.  Where  do  you  usually  live  ? 

Vonwtiy.  I  am  a  Flmtahire  man,  my  lord. 

Oatfi,  Pray  ask  him  what  name  he  did  go 
by  at  St.  Omers  ? 

Conway.    By  the  name  of  William  Parry. 

(hiet.  Pray  ask  him  by  what  name  he  gave 
hia  efidence  m  atfhe  fire  JesuiU  Trial  ? 

X.  C.  J.  Were  you  a  witoess  at  the  Trial  of 
tbeilTe  Jesniti? — Conway.  Yes,  I  was. 

L.C.J.  By  tvhat  name  did  yon  giye  yonr 
evidence  there? 

Conway.  By  the  name  of  Flurry. 

Oatet.  Then  I  desire  the  coort  tot 
he  represented  hhnadf  by  nfl^lMd 
conrtofreoord.,  ,  ^.  .    ' 

Canwajtm  Iwen^nvn' 


^^My.  YVfltfd. 

OHM.  Pmy,  mylori.  Mk  Uii^  wtol 

rfhni* 

edhimortlwtooBMter 

CtmHy.  I  Imh4  it  tmmf  tbmwm 

effea 

■ehobn ;  mm!  Mdnf  mow  af  tke  JM 
•ftrtoit,IwMWM. 

artji 

Att.  Gem.  Iittu  emlAi^  tm  ihmit 

haive  aoMi  meetHiga  ■ 

GMaMy.  They  ha?n  a  nongvagalito 

i  mS^ 

8ii.G€n.  ]>oesitgohytheMUM«f 

M 

ne» 

anlt,  or  what  name  baa  itf 

%^ 

•« 


aoLGem.  Whatiatfieendor i 
■a  ymi  have  heard? 

Cmimmy.  They  say  it  waa  to 
corator  to  aend  to  Rome,  and  gifv  an 
of  the  prorince. 

OaUt.  My  lord,  I  wooM  vk  ham 
fpeation.  Whether  he  kto  hmm  any 
ror  giring  thia  eijlinui  here  T 

C^naMy.  No,  MHhatl  kna«r  <  bnl  wM 
I  enpect  from  Ahmghty  God.  '  ,  * 

Qfllof.  Pray  ask  him,  bow  lang  kaltad  a| 
"'  ^      a'?— CoiMMw.  FiveyeaiB.     '   - 
My  lord,  Ihafe  done  with  Mia. 
m.  Then  call  Mr.  Bwrngammu^  mk 

-   ••WhksbwaadoneSr 

ir.  Hagnenton^  ptaj  wMjm 

kird  and  the  jory,  wen  M 

in  the  year  1C78.  wift  m 


St  Omera'P— I 

Oatet. 

Sol.  Gen 
swear  htm.  [Whicbwaa 

Ait.  Gen.  BIr.  ** 
acquaint  my 
at  St  Omen 
Oatea? 

Haggentane,  Yes,  I  was,  my  bud,  I  brf 
the  hoDonr  to  be  of  die  aame  heneh  with  As 
doctor  of  Salamanca. 

L,  C.  J.  You  mean  you  wane  of  the  mm 
class  with  him  ? 

SaggtnUme.  Yea,  my  lord,  of  the  mm 
class. 

L.C.J.  In  what  year  waa  it  r 

Haggentone.  In  the  year  1078* 

Att.  Gen^  In  what  fimi  ware  yon  P 

Hagferitone.  In  the  same  bench  wilhK 
Oates,  m  the  ihetoric  form. 

Att,  Gen.  I>o  you  remetaber  Mr.  Oilai  li 
•April  1678  T-^Haggentone.  Yea. 

Att.  Gen.  What  time? 

Hmxentone.  He  spoke  nnto 
of  Apnl. 

Att.  Gen.  What  stile  do  yon  OMaa  7 

Haggentone.  New  Stile,  Sir ;  toaifeilam> 
insionTi  speak  of  die  atile  of  the  pli 

I  was;  be  asked  me  canceming  o 

fidlow  Mr.  Hilsiey,  %ho  waa  than' gana  Mf 
the  coUege,  whetherl  had  bcmd  my  iHr 
foomhitoainoehewentawny ;  smIIm 
'        "        ■     bahad,lNr       "  " 


STATE  TRIALS,  1  James  If.  l6fi5.-/or  Ptrjury. 


niM 


►  flo  rtry  much :  he  was  called  Titoi 

If  he  hiLd  twenty  names,. 

pt.  Wm  he  there  all  April,  Sir  f 

■M^,  Yes»  he  was.  Sir. 

^B'Did  you  know  him  iti  March  be- 


Yv,  he^  wat  there  all  March 


^fi,  Waa  he  there  in  Febraaiy  f 
'tione,   Yei,  as  near  as  I  can   re- 
|ie  iras  ahseni  but  one  day^  and  then 
|^|¥altoo  in  February,  or  eUe  in 

PBk  yoQ  Remember  when  he  came 

1foi«^.  YeSf  my  lord,  he  came  m  De^ 

%r  Christmaiias  1  reraerober. 

^  Was  it  iibout  (hat  uoie,  upon  your 

Htone.  1  tpeok  it  upon  my  oath^  it 

'.  When  did  he  go  away  f 
"ttone.  Atioul  the  tatter  end  of  June. 
►  Was  he  absent  any  tirae  between 
r  and  J  tine  ? 

ttone.  I  do  not  remember  that  he 
\iy  save  only  in  January  or  February^ 
was  not  for  abare  a  nighty  when  he 
ITattcin. 

I  Might  not  he  be  absent,  and  you 
ftt  of  know  it  ? 

^ttofie.  Sure  if  he  had  been  absent,  we 
but  baTC  known  h, 
\  How  so,  pray  you  ? 
*titme.  If  any  j^oes  away,  it  is  so  pub- 
cannot  be  without  notice  being  taken 

PH.  Can  yon  remember  by  any  par- 
Eien  be  was  thefe  in  April  or  May, 
hitfone.  He  spoke  to  me  on  the  2^h 
few  Stile,  and  told  me,  that  tfierc  was 
f  Engliahman  had  been  there  to  beg- 
ROd  there  was  a  collection  made  for 
igthe  scholars ;  but  he  said  he  would 
nothing',  for  he  told  me  he  had  be«n 
f  such  an  one  of  some  pieces  of  eight 
this  I  remember  was  the  28th  or 
pril  New  Stile.  I  saw  hira  there  the 
ly  ;  upon  the  ^nd  of  May  there  was 
of  the  Bcbolarsi  and  he  wiis  present 
^■ft  of  May  I  was  at  school  with 
^|p.  Foo)  went  away  for  Eng^laodf 
in  him  ahont  that  lime  preach  a 
[|»  for  he  would  undertake  some- 
rt  '  'said  in  it,  that  the  late 
betwixt  two  opinions, 
«  w|M  I  V  went  between  his  legs, 
I  thi*»  in  May  ? 

Yes,  iu*»t  afier  Mr,  Pool  weiit 

id,  and  he  bad  some  nretty  re- 

icmi on  about   Toby's   dog 

^0  you  ask  this  witness  any 

ffrMed  to  ask  him,  my  lord, 
iof? 
I  taa  a  ptfkiHf  my  brd^  I  am 


Ottta.  Pray,  my  lord,  ask  where  he  lives  f 

Haggtrstonc.  At  London, 

Onttt,  Pray  ask  hira  what  countryman  he  tsf 

Hftggertlone.  1  amaNorlhuml>erland-man  * 
my  fatlier  is  sir  Tliomais  Hagg-erstone,  a  matt 
b<itcr  known  than  your  father,  Dr.  Gates. 

L.  C*  /.  Nay,  nay,  do  not  be  in  a  pasitoo, 
man. 

Oat  ex.  Pray  ask  him  how  long  I  was  with 
him  at  8t.  Omers  f 

Haggerttone,  For  half  a  year  at  least, 

Oatcs.  My  lord,  I  desire  to  know  how  lon^ 
he  staid  there  himself? 

Hag^erttone,  I  studied  my  whole  course  of 
humanity  there. 

X.  C,  J.  How  long  were  you  there  in  ill  f 

Haggtrsione.  Seren  years. 

Oatet.  Pray,  my  lord,  ask  him,  whether  Htf 
knows  of  any  consult  held,  or  to  be  held  hero 
in  England  m  April  1678  ? 

Haggtrttont,  Yes,  my  lord,  I  saw  two  of  i 
the  fathers  go  from  St*  Omen  to  the  congrecpa* 
doD,  and  was  there  at  their  return ;  but  all  that 
time  I  frHqueated  Or.  Gates's  company,  and 
he  remained  in  the  college, 

OnUs.  Pray,  who  were  these  two  fathers  f 

Hagger$tone.  Mr,  Williams  and  Mr.  Marsh  ; 
and  when  they  returned,  Gates  asked  me  about 
it,  Whetlier  they  had  been  to  the  consult  ?  and 
I  told  him  there  was  such  a  thing,  but  he  never 
knew  it  till  afterwards ;  but  this  1  am  sure  of,  he 
was  never  missing  all  the  while  ;  I  sat  on  the 
same  bench  with  him. 

Oate$.  Pray^  my  lord^  ask  him,  what  name 
he  went  by  at  8t.  Gmera  P 

Haggerstonc.  I  went  by  the  natne  of  Harrf 
Howard  ;  my  mother  was  a  Howard,  doctor. 

Oaiei.  Pray  ask  hira,  whetlier  he  came  Inta 
Eofidand  wfien  he  went  away  from  thence  P 

Haggerstone.  No,  I  went  and  studied  my 
philosophy  at  Doway. 

Outes,  1  desire  to  ask  him  one  questio« 
more. 

Haggeritone.  Twenty,  ifyou  please,  Doctor* 

Oat  ft.  I  desfre  to  know  of  him  the  occasion 
of  Mr.  Hilsley's  c<>ming  away  ? 

Haggrrstone,  I  do  know  it,  but  truly  I 
cannot  tell  witether  it  be  fit  for  me  to  speak  of 
it,  it  was  upon  some  unhandsome  account,  but 
I  must  not  blemish  any  gentleman,  I  thinks 

Oatts,  My  lord;  I  will  ask  him  one  ques* 
tion  more,  whether  ever  he  was  admitted  into 
the  society  ? 

L.  C.  }.  f  will  not  ask  him  that  question  ; 
how  often  have  I  told  you  no  such  ouestiona 
are  to  he  asked?  Must  1  make  him  liable  to 
penalty  ?  No,  ask  questions  that  are  fair,  and 
you  shall  have  a  fair  answen 

Outt*.  My  lord,  i  have  done  then  with  him, 

Sol.  Gen.  Then  swear  Mr.  Robert  Beeston. 
[Which  was  done.] 

An.  Gen.  Pray,  Sir,  were  you  at  St.  Omers 
in  the  year  1077  and  1678  ? 

Bt'Citon,  Yes,  my  lord,  1  wss. 

Aii*  Gen.  Did  you  see  Mr,  Oatei  ther« 
then  ?  Do  yon  know  him  f 

Benion.  Yea,  Wtsws^w  \v\Te^  its^^^A*^ 
teebiin  tbfft. 


I 

I 


J 1  I5j  STATE  TRIALS,  1  Jame»  IL  l6iS.— Trial  of  Tttm$  Otiet, 


I 

I 


Ati'  Gen*  Wbal  motiths  did  jfoa  see  bin) 
there? 

Betilon.  He  came  there  in  December,  ttie 
Ikeginmug  as  I  remcoilicr,  uud  he  staid  (here  lo 
June  the) alter  emi. 

^f;.  G<^«,  What  year  was  that  in? 

Be€gimt.  He  came  in  1677,  and  went  away 
Iji  1678, 

Att.  Gen.  Did  you  otmetre  him  to  be  there 
in  April  and  May  1(378  ? 

Beeston,  The  latter  end  of  April,  and  the 
beginning  of  ^lay,  I  did. 

An,  Gtn.  Tell  the  court  pirticuJarly  how 
yf>u  remember  it. 

Buston.  My  lord,  1  saw  him  the  l«tof  May 
at  2sk.  Omenii  where  be  pkyed  at  nine  pins, 
and  I  laid  a  wager  upon  tiie  tame  side  that  he 
did t  anil  lost  my  money  as  well  as  be. 

L,  C.  J.  Do  you  remember  any  other  time? 

Beaton.  I  saw  him  the  Sod  ot'Maythy  the 
came  lokeu  that  I  met  him  in  the  college  tlmt 
daVt  when  our  school  exhibited  •&  action  in  the 
hall,  and  I  met  him  al\er  supper ;  now  in  this 
action  I  had  both  acted  and  simg^  and  they 
came  and  coiig^ratulated  me  ibr  my  iinging". 
]Vlr.  Gales  said,  if  l  bad  paid  for  learnings  to 
mng,  I  had  been  basely  cheated  ;  and  then  in 
the  morning  I  was  chosen  Reader  in  the  So- 
dality, the  15th  of  Aprils  or  tliereabouts,  for  t 
fortnrg-ht^aud  Mr*  Oateaby  his  own  submission 
was  adiiiitled  to  read^  onljr  with  this  condition, 
that  if  ever  be  were  wanting,   I  was  to  read 

r'u  :  but  this  1  say,  I  ueier  supplied  the 
^  e;  tbereforf  (  am  sure  he  did  continue 
theri*  all  the  while,  and  if  he  had  been  out,  I 
miist  have  been  called  upon  to  read. 

L.  C  X  Were  you  in  the  college  all  the  time 
ke  waa  there  ? 

Beett&n.  Yes,  my  lord,  X  was. 

L,  C*  J.  Did  vOu  miRB  hitn  at  any  time  ? 

^cestan.  No,  i  never  inisiieit  him. 

Xh  C*  J*  Are  you  sure  lie  was  not  awaj  all . 

lat  time  ? 

Betstan.  1  am  sore,  as  much  as  a  roan  can 
be  certain  of  one  thai  is  of  the  same  family  with 
himself ;  nay*  I  am  as  sure  of  it,  as  that  1 
was  tbert  myself. 

L.  C\  /-  Can  you  speok  any  thing'  parti- 
cularly of  his  reading  ? 

Btaton,  My  lord,  I  was  to  hare  read,  if  he 
was  absent ;  but  I  vras  never  called  upon  to 
read,  and  therefore  I  may  well  conclude  he 
wafc  there  all  the  uliifp. 

X.  C.  J.  He  give-,  a  materiai  evidence, 

$ai.  Gen,  Was  Mr.  Oai^sncbaremarkabla 
man  thai  he  must  be  missed  ? 

Beat  on.  He  was  vvry  particular,  both  for 
age,  and  that  he  had  a  particular  table  to 
eat  at. 

SoL  GifL  Can  you  remember  any  thing 
else? 

Beuton,  1  remember  too,  that  when  Mr. 
fiumaby  came  first,  he  was  .oflen  with  hint ; 
the  ^nd*  3rd,  and  4th  of  May  ^  I  saw  hjin  there 
with  flir.  Buroaby^  and  I  look  tiurticukr  notice 
of  the  friendship  between  iWm,  which  f 
thought  strange  between  persons  tliat  1  sup- 
|Maed  never  saw  one  anotlier  befo|^. 


L.  C.  X  Have  jou  any  i|iie^oi«  ta  lA 
man,  Mr.  Dates  f 

Oofef.  My  lord^  I  destre  to  Mit  ibis  gf«b> 
man  what  religioo  he  ia  of  f 

Beaton.  I  am  a  Rooian  Calbolic. 

Otttn,  Pray^  my  lord,  be  pleated  to  9ik 
when  he  went  to  St.  Omers,  am]  hImi 
came  away  from  thence,  and  how  Umg  ha 
reiiident  there* 

Btesion,  I  know  not  exactly  what  jcir  ii 
was  1  came,  but  I  staid  the  g?eal«Bt  pn4 
seven  years  there. 

Oates*  Pray,  my  kird,  aak  hitD«  wbatlMi 
went  from  A,  Omen  to  tbe  eooaiill  i£  kfA 
lG78f 

Bet^t^n,  There  was  some  ibat  paottlhy,  1 
did  not  take  much  notice  of  tiiem. 

Oata.  Pray,  my  lord,  ask  liim,  wboitm 
informed  him  of  that  consult  P 

Bf€9ion,  I  do  ntit  know  wkio  fiaittMlii^  I 
only  heani  of  such  a  rumour. 

Att.  Gen.  Was  it  an  extraordinary  tbina! 

B^itQn,  No,  it  was  but  an  ordinary  Mif 
as  they  useit  to  have  once  iu  tlirev  yeaimi 

Oatn.  Vou  say  you  saw  me  wtmj  % 
there? 

X.  C.  /.  He  says  be  belierea  lie  oufll,!^ 
cause  you  were  r^der  in  his  iteMl  |  and  if  |« 
bad  been  absent  be  must  bav#  bseacalkd  ii^ 
to  read,  which  he  was  not,  he  aaya, 

0ati4.    Very  well,  tirv  lord,    1  dcaifv  jni 
would  ask  him,  wbether  he  does  ool  rami 
such  a  thing  a&  an  ej^ht-da^'s escefcise^  vl 
those  that  perform  the  exerciaei  are 
from  all  company  daring  that  titoa? 

B«€$tm,  Ves,  my  bi^  I  do  romeoibir  ihi 
he  was  once  in  that  eight-days  excreiM*,  urf 
during  the  eight  days!  saw  hkm  W93k  mtk 
garden  several  times. 

OtUn.  Pray,  my  bed,  ask  bisn,  tffai««i 
an  evidence  at  the*TriaI  of  the  live  juiiH,^ 
Langhorn,  and  whether  be  gave  ibis  tvidaci 
long  ago  ? 

M€i4ion.  No,  I  did  not,  1  waa  oot  tbeiK. 

Gates.  Pravt  my  lord,  ask  bim  what  fraud 
ho  is  to  have  r 

L.  C.  X  Are  YOU  to  hare  amy  rvwiid  ir 
yourtesiiiuuuy,  Mr.  Beeston  f 

Beeiton.  No,  my  bid. 

Gale*.  My  lord,  I  desire  to  know  of  kia^ 
how  he  comes  to  l>e  pii-ked  out  anattf  Ibt 
rest  of  the  students  there,  to  eooae  kmm  aadti 
an  erid«uce  in  thiH  i^use. 

Betiion,  My  brd,  I  wns  subpoitiacd  by  Ii 
mayesty,  if  I  Imew  any  thmg  of  tbi*  maiia^ 
that  [  should  come  here  and  testiiy  my  kiiov- 

^Outn.  Pray,  by  what  luaiiia  did  be  go  at  9l 
Omers  ? 

JBsetlon.  By  the  name  of  Beeatoa,  as 
now* 

Gaii».  Andiiihat  his  own  name  f 

Bititon.  Yes,  my  brd. 

L.  C.  X  Pray,  go  on,  Mr.  Attorney* 

AU.  Gen.  Sfwear  Clemcni  SnuUi,    ( 
w^done.] 

Sol.  Gen.  Pray,  Sir,  wasyoilMaL 
in  the  year  1677  and  167Q  ? 


STATE  TRIALS,  1  Jambs  IL  \6tS^at  Pnjnrif. 


[llig 


IWM.    . 

)o   you  remember   Mr.  Oetee 

me? 

I  was  in  the  same  daas  with 

*raj9  when  came  he  thither,  and 

e  stay  there? 

same  a  Uttle  before  Christmas, 

ine. 

^as  he  not  absent  at  any  lime 

be  was  not,  except  one  day. 
k>  JOM  remember  Watson's  busi- 
thither  in  January  ? 
cold  roe  of  it,  and  that  he  de- 
he  rector  leave  to  go. 
IS  he  absent  any  other  time  till 

my  lord,  fori  will  tell  you,  I 
d  with  him,  eat  a  collation  with 
iiemoon,  and  breakfasted  and 

same  rdfectory,  during  all  that 
hen  he  or  I  was  in  the  infirmary. 
tieneTer  he  was  absent,  he  was 
^,  washed 

my  lord. 

d  not  he  miss  his  breakfast  any 
hfle? 
B  did,  we  used  to  enquire  after 

^y  when  were  you  in  the  infir- 

<lst  of  April,  New  Stile,  I  fell 
lined  sick  till  May  the  7th,  and 
mary,  and  then  he  visited  meal- 
e? enr  other  day  in  the  infirmary ; 
of  M^y  I  saw  him  and  one  Mr. 
ther,  aod  on  the  day  Mr.  Pool 
ih  I  take  to  be  the  5th  of  May, 
le  to  me  as  soon  as  he  was  gone 
le,  and  told  me  of  it ;  and  he  did 
hat  day  that  Mr.  Hilsley  went 
fas  the  84th  of  April,  New  Stile. 
^as  not  he  in  the  mfirmary  him- 

,  durmg  this  time  he  came  into 

and  was  sick  there. 

?hcn  was  that  r 

y  or  two  after  Mr.  Hilsley  went 

itinoad  there  two  or  three  days, 

er  it  particularly  by  this  drcum- 

proposed  a  question  to  the  phy- 

mself  in  Latia,  and  spoke  a  so- 

.  was  this,  he  said,  *  Si  placet, 

inu' 

•  did  say  so  ? 

m  did,  he  says,  speak  that  false 

oetor. 

t^f  fabe  LAtin,  indeed ! 

e  know  that ;  but  it  seems  it  was 

miencftme  be  away  from  St 

oitfieaoth  of  June;  something 
•f  jHOe,  as  I  remember. 
kve  yon  tore  be  was  not  out  of 
\  kBg  as  to  make  a  journey  to 


Smith,  No,  I  am  sure  he  could  not  without 
being  missed ;  and  going  to  school  with  him, 
and  eating  dinner  and  supper  with  constantly 
always  at  the  same  place,  I  must  needs  know 
if  he  had  cone. 

Oates.  When  went  I  from  St.  Omers,  doei 
he  say  p 

Smith,  After  the  SOth  of  June  1678. 

X.  C.  J.  He  is  yuur  old  acquaintance  and 
schoolfellow,  Mr.  Gates ;  you  visited  him  when 
he  was  sick. 

Oatei.  What  religion  is  this  gentleman  of, 
my  lord,  I  would  know  P 

Smith,  I  am  a  Roman  CathoKc. 

Oattt.  I  desireyour  lordship  to  ask  him  how 
long  he  lived  at  m.  Omers  P 

Smith,  Above  six  ;fear8. 

Oatat,  Pray  ask  him  when  he  came  away  P 

Smith.  A  htde  after  Dr.  Gates  came  away. 

Oatt$.  Did  he  come  directly  fbr  JBnglan^ 

Smith.  No,  I  did  not 

Oata.  Whither  did  he  go  then  P 

Smith.  I  went  about  a  little. 

Oatet.  Where,  my  lord. 

Smth.  I  went  about  to  take  some  turns  in 
the  Low-Countries  \  I  went  to  Watton,  and  up 
and  down. 

Oatet,  He  is  a  Jesuit,  my  lord,  and  that  the 
world  knows  and  must  know. 

L.  C,  J,  I  know  nothing  of  it,  I  do  assure 
you. 

Oatei.  Pt«y,  my  lord,  be  pleased  to  ask  him, 
whether  he  did  not  hear  of  a  Consult  of  Jesuits 
in  April  1678,  and  what  Jesuits  went  from  St 
Gmers  to  it 

Smith,  I  heard  it  was  a  rumour  in  the  col- 
lege, that  there  was  to  be  a  c6ngr^;ation  ai 
that  tiine,  but  I  know  not  where  particularly  it 
was  to  be  kept ;  but  I  knew  that  then  there 
passed  by  St.  Omers  two  fathers,  Mr.  Marsh 
and  Mr.  Williams. 

Oata,  What  were  they? 

Smith.  Jesuits. 

L.  C,  J,  He  told  you  they  were  fbthers. 

Att.  Gen,  Pray,  was  it  an  extraordinary,  or 
an  ordinary  meeting  that? 

Smith.  They  used  to  say  m  the  collcfe, 
that  it  was  an  ordinary  thing  to  have  such  a 
congregation  every  three  years. 

Sol.  Gen.  Pray,  swear  Mr.  Edward  Price. 
[Which  was  done.! 

Att.  Gen.  Pray,  illr.  Price,  will  you  give  my 
lord  and  the  gentlemen  of  the  jury  an  account, 
whether  vou  were .  at  St.  Gmers  in  the  year 
1677,  and  1678? 

Price.  I  was  there  both  these  years. 

Att.  Gfen.  Do  you  remember  Mr.  Qatea 
there  ? 

Price.  Yes,  my  lord,  I  do. 

Att.  Gen.  When  did  he  come,  and  when  Ad 
he  go  away? 

Price.  He  came  there  about  December  1677« 
nnd  he  continued  there  till  June  1678. 

AH.  Gen.  Was  he  absent  from  St.  Omtn^ 
at  any  time  all  that  while  ? 

Price.  Neverthatl  knowof,  but  one  iddbIL 
atWattoo,  when  Vie  cun^VM^  ^^%(KwmiC; 
day,  and  thai  waa  VDL)aD»ar| . 


1119]  STATETRIALS,  iJAMBsn.  le^S.-^TrMofliiUM  (Me$, 


Alt,  Gen.  Do  ^ou  remember  particularly 
that  be  wa«  tbere  in  April  and  May  1678. 

Price,  I  remember  Mr.  Hilsley,  according 
to  the  foreiipi  Stile,  left  St.  Omen  upon  the 
S4th  of  April  1678.  I  was  told  the  following 
clji^r  that  Mr.  Gates  went  into  the  infirmary, 
which  was  Monday  the  25th,  and  ttaid  there 
a  day  or  two,  and  upon  Wedneiday  the  S7th 
1  saw  him  going  to  mass  ;  then  upon  the  Sun- 
day following,  which  was  the  1st  of  May  N«w 
StOe,  came  Mr.  Bumaby  to  St.  Omers,  and  I 
■aw  him  in  Oates's  company  that  day,  and  I 
saw  him  on  Monday  ajg^ain  tne  Sd  of  May  in 
his  company  ;  I  saw  him  the  Sd  of  May  at  the 
table,  wnich  I  particularly  remember,  uecause 
it  was  the  feast  of  the  Invention  of  the  Holy 
Cross :  the  4th  of  May  I  have  no  circumstance 
to  lemember  him  by ;  but  the  5th  of  May  I 
*  saw  him  take  his  leave  of  Mr.  Pool,  and  I  like- 
wise saw  him  the  10th  or  lUh  of  May  at  ano- 
ther of  our  actions,  wherein  Mr.  Watson  had  a 
quarrel  with  him,  and  beat  him.  I  should  have 
missed  him  above  any  other  man,  because  he 
was  so  noted  a  man. 

Au.  Gen,  What  was  he  noted  for  f  for  any 
thing  dse  but  his  distinct  place  in  the  refrec- 

Price,  Yes,  he  was  very  absurd,  and  always 
quarrelling  with  the  students  there. 

X.  C.  X  Do  you  remember  him  read  in  the 
SodaUty? 

Pries.  I  was  not  of  that  bench  that  he  was 
of. 

Gates,  My  lord,  1  desire  to  know  what  this 
gentleman's  religion  is  ? 

X.  C.  J.  What  religion  are  you  of,  Sir  ? 

Price,  If  your  lordship  please  to  know,  I  am 
a  Roman  Catholic. 

Gates,  My  lord,  1  desire  to  ask  him,  when 
he  went  first  to  St  Omers,  and  when  he  came 
away? 

Price,  I  was  six  years  at  St.  Omers ;  I  was 
there  a  twelve-month  before  Mr.  Oates  came 
thither,  and  came  from  thence  about  three 
years  ago. 

Gates,  Did  you  come  directly  to  England 
when  you  came  away  f 

Price.  My  lord,  I  went  to  Liege  to  sXixdy 
philosophy,  and  I  live  now  with  iny  father  at 
home. 

Gates,  My  lord,  I  desire  to  ask  him,  whe- 
ther he  did  not  hear  of  a  consult  to  be  held  in 
April  1678. 

Price,  I  did  hear  there  was  a  congregation 
which  was  their  usual  triennial  meeting,  aud 
particularly  I  remember  about  that  time  there 
came  Mr.  Williams,  and  Mr.  Marsh,  and  it  was 
reported  that  they  were  going  to  the  congre- 
gation. 

Gates,  I  desire  to  ask  him,  if  he  was  not  a 
witness  at  the  Trial  of  the  five  Jesuits,  or  at  the 
Trial  of  Langhorn  f 

Price,  No,  I  was  not. 

Gates.  Pray,  what  name  did  ht  go  by  at  St. 
Omers? 

Prise.  By  m J  own  wmntf  wUdi  H  £dward 


Sol.  Gen.  Then  swear  the  next,  tl 
James  Doddington. 

Att,  Gen.  Iray,  Sir,  were  you  at  S 
in  the  year  1677,  and  1678  ? 

Doddington,  Yes,  Sir,  I  was. 

Att.  Gen.  Did  you  know  that  g< 
Mr.  Oates,  there? 

Doddington,  I  know  him  ? ery  wd 

Att.  Gen.  What  time  did  be  oom« 
Omers,  and  how  long  did  he  stay  thei 

Doddington.  He  came  about  C 
and  staid  about  the  latter  end  of  June 

Att.  Gen.   How  do  yon  remembc 
there  so  long?  What  circumstaiioes 
to  make  you  remember  it  ? 

Doddington.  In  general  his  conven 
canting  stories  aller  dinner  and  so 
.times  of  recreation,  made  him  so  re 
that  nobody  could  miss  him  all  the  tic 
there. 

Att,  Gen,  Did  you  observe  him  U 
hall,  or  at  the  exercises? 
.  Doddington.  Yes,  I  saw  him  sen 

Sol.  Gen,  Do  you  remember  the 
Hilsley  went  away  ? 

Doddington.  Yes,  it  was  a  little  afi 
and  I  do  remember  that  two  or  three 
I  went  into  the  infirmary,  aud  saw  ] 
there,  and  had  discourses  with  liim. 

Att.  Gen.  Do  you  remember  Mr.  ] 
coming  to  St.  Omers,  and  when  was  i 

Doddington.  Yes,  the  first  of  May 
naby  came  to  St.  Omers,  and  the  n 
saw  Oates  with  him,  and  for  ten  or  tv 
successively  they  were  in  one  anott 
pany ;  and  then  of  a  s*idden  the  cc 
ence  broke  off,  but  1  know  not  upon 
count. 

X.  C.  J.  Was  he  a  reader  there,  a 
memlier  ? 

Doddington.  I  do  remember  he  c 
the  Sodality. 

X.  C.J.  When  was  that? 

Doddington.  I  remember  he  read  i 
tide. 

Gates,  Did  you  hear  me  read  ther 

Doddington.  Yes,  that  I  did.  Sir. 

Gates.  Were  you  of  tbe  Sodality  ? 

Doddington,  Yes,  I  was.  Sir. 

Att.  Gen.  Do  you  remember  the 
came  away  from  St.  Omers  ? 

Doddington.  It  was  about  Midsuo 
lord. 

Att.  Gen.  Were  you  out  of  th 
yourself  at  any  time  \Vheu  he  was  the 

Doddington.  No,  1  >vaa)  not. 

X.  C.  J.  Come,  1  will  ask  you  a  pi 
tion  ;  was  he  so  long  at  any  time  o 
college  as  to  come  to  London  and  8ta\ 
or  three  days,  aud  come  bdtck  again  .^ 

Doddington.  My  lord,  he  was  so  re 
by  his  stories  and  ridiculous  actioos,  a 
out  with  every  oueof  the  college,  that 
been  absent,  we  must  needs  have  mia 

X.  C.  J.  Did  Tou  miss  him  at  any  i 

Doddington.  My  kird,  I  neTcrnj 
but  one  day. 


STATE  TRIALS,  1  Jambs  II.  l€8S.—f«r  Perfimf. 


tiifi 


.  When  was  that  ? 

gton.   They  said  he  was   gone  to 

'.   What tainfe was  that? 

glon.  In  January,  about  six  weeks 

ime  first. 

Pray,  my  lord,  ask  him  what  rdigioo 

^fon.  I  am  a  Roman  Catholic. 
And  a  scholar  of  St.  Omers  ? 
'.  Make  your  remarks  by  and  by. 
Pray,  nay  lord,  ask  him  what  name 
yatSt.Omersr 
gion.  By  the  name  of  Hollis,  my 

Pray,  my  lord,  ask  him  how  long 

lident  there  ? 

gton.   Near  unoa  five  years. 

Pray,  my  lord,  ask  him  the  occasion 

ung  over  at  first  ? 

\^ton.  I  had  business  in  England,  and 

iind  to  see  my  friends. 

Pray,  my  lord,  ask  him,  whether  he 

etend  at  the  five  Jesuits  Trial,  that  be 

r  upon  the  kind's  proclamation,  to 

those  that  were  in  the  seminaries  ? 

.  Were  you  at  the  Trial  of  the  five 

ffofi.  Yes,  I  was;  but  if  I  came  over 
:mg^s  proclamation,  what  hurt  is  there 

'.  None  at  all,  as  I  know  of. 
Pray,  my  lord,  ask  him,  whether  he 
again  to  8t.  Omers,  or  no  ? 
gtm^.  My  lord,  I  passed  by  St.  Omets 
I  never  staid  a  day  in  the  allege 

Pray,  my  lord,  be  pleased  to  ask  him, 
le  ever  heard  of  a  consult  of  the  Je- 
pril  1678  ? 

gton.  I  did  hear  of  a  congregation, 
all  it  a  consult  or  a  congregation,  it 

.  He  says  he  did  hear  of  it. 
Ask  him,  by  whom  he  did  hear  of  it  ? 
gt&n   I  savfthe  provmcial  when  he 
K  from  England. 

Who  was  mat  provincial  ?  what  was 
? 

\gton,  Mr.  Whitebread. 
Was  not  Mr.  Whitebread  resident 
eat  St.  Omers? 
ffofi.  Yes,  a  while  he  was. 
Piay,  was  not  that  house  under  his 
sntP 

gton.  My  lord,  I  can  give  no  account 
It  it  is  generally  under  the  govern- 
tie  rector  of  St.  Omers. 
niicyf .  Pkay,  Sir,  ^ve  me  leave  to  ask 
mustioQ :  Mr.  Oates  speaks  of  Mr. 
ifl ;  pray,  how  did  Mr.  Whitebread 
ly  i^en  became  back  from  England  ? 
9gim,  I  heard  say,  he  did  check  him 
tUy  ibr  hb  many  miscarriages. 
r.-Ha  iMird  it,  be  says,  but  he  does 
ittf  bii  own  knowladga ;  that  is  bo 


iSs/.  Gtn.  Pray  swear  Mr.  WiUiam  Gerrard. 
[Which  was  done.] 

Att.  Gen.  Were  you  at  St.  Omers,  Mr.  Ger- 
rard, in  the  years  1677,  and  1678  P 

Gerrard,  Yes,  I  was. 

Att.  Gen.  Did  yon  know  Mr.  Oates  there? 

Gerrard.  Where  is  he,  Sir? 

Att.  Gen,  There  he  is  in  that  comer,  do  yott 
know  him  ? — Gerrard.  Yes. 

Att,  Gen.  When  came  he  to  St.  Omers? 

Gerrard.  He  came  to  St  Omers  in  th« 
year  of  our  Lord  1677,  and  he  went  away  in 
June  1678? 

Att.  Gen.  Was  he  there  all  the  time  ? 

Gerrard.  I  never  remember  to  have  missed 
him,  but  only  once,  when  he  went  to  Watton 
for  a  night. 

Att.  Gen.  By  wh^t  tokens  do  you  remember 
him  at  any  time  there  in  April  or  May  ? 

Gerrard.  The  Sd  of  May  we  had  a  play,  and 
he  was  there  then ;  and  1  remember  the  $6th 
of  May  he  was  confirmed,  and  so  was  1,  it  being 
St.  Angustin's  day,  and  in  the  refectory  lie  had 
a  table  by  himself,  and  I  used  always  at  meal- 
times to  pass  by  that  table,  and  make  a  bow  to 
the  fiithers  above  before  1  sat  down  at  table; 
and  I  do  not  remember  that  ever  he  was  absent, 
and  if  he  had,  I  should  surely  have  missed  him. 

L.  C.  J.  When  was  St.  Augustin's  day,  that 
yon  say  you  and  he  were  confirmed? 

Gerrard.   It  was  the  26th  of  May. 

Att.  Gen.  Do  you  remember  him  ior  April 
there? 

Gerrard.  I  cannot  tdl  any  particnhu'  cir- 
cumstance in  April,  but  1  do  not  remember  to 
have  missed  him  at  all  Id  April. 

Sol.  Gen.  But  you  saw  him  there  the  Sd  of 
May,  you  say  ? 

Gerrard.  Yes,  I  did  so,  and  the  3Cth  of  May. 

Gates.  The  26th  of  May,  Old  Stile,  I  was 
there,  my  lord. 

X.  C.  J.  Ay,  but  he  says  the  26th  of  May, 
New  Stile. 

Oates.  I  was  not  there  then,  my  lord. 

i.  C.  J.   He  swears  you  were. 

Sol.  Gen.  Pray,  between  the  2d  and  27th  of 
May  New  Stile,  was  he  absent  firom  St.  Omers 
at  any  time  ? 

Gerrard.  I  never  remember  to  have  missed 
him  at  all  in  that  time. 

Ait.  Gen.  Do  you  remember  Mr.  PooFs  and 
Mr.  Hilsky's  going  away  ? 

Gerrard.  I  do  remember  Mr.  Hilsley's  and 
Mr.  Pool's  going  away,  but  I  cannot  speak  par- 
ticularly and  exactly  what  thne  that  was. 

L.  C.  J.  Is  it  usual  to  haye  scholars  go 
away  without  being  missed  ? 

Uerrard.  No,  my  lord,-  and  ho  had  a  parti- 
cular place  by  himself. 

Oates.  Pray,  ask  him,  my  lord,  how  became 
to  know  that  I  went  away  iu  June? 

Gerrard.  Wc  ulisscd  dim  in  his  place  then, 
and  it  was  discoui*sed  of  all  over  the  toif  n,  that 
when  the  provincial  came  he  was  to  be  dis- 
missed. 

Gates.  I  desire  to  know  what  ccli^JMRx  ti\^ 
gcntlemaaiaof? 


1  If  3]  STATE  TRIALS,  1  J  am  ti  n.  1 6sS.-TrUt  of  Ttttu  Ottet,         \\3jlk 


I 


I 


Gerrard,  My  lord,  1  am  a  Roman  CatkoUc* 
Votes,   Fray,  my  lord,  ask  him  what  nanie 
he  weDi  Uy  at  8t,  Omors  ? 

Gerrard,  By  tbe  pame  of  William  Clot  el* 
Oaie%>  Pray,  my  lot«l,  ask  bini,  when  he  went 
tA  St  Oroffrs,  and  bow  long   be  was  rcfident 
lb  ere  ? 

Gtrrard.  I  caiue  there  about  two  years  be- 
fore be  came,  and  was  there  about  two  yearft 
alter  he  went  away. 

Oatti.  Pray  my  lord,  ask  kriDi  Whetlier  be 
came  dti-ectly  for  England  when  he  ]et\  Hi. 
Omers  ? 

Gcrrard.  No,  rov  lord,  1  wai  four  years  in 
Low-Germany  and  France,  and  came  into 
England  the  last  ye^t* 

Oatet.  Pray»  bV,  were  you  a  witness  at  th« 
live  Jesuits*  tHalf  tur  at  Laugbom^s  trial  ? 

Gerrard,  No*  I  was  not ;  1  came  but  last 
year  to  Eng-Und)  I  tell  you, 

Outc$,  Fray,  my  lord,  ask  this  gentleman, 
WhelUer  he  did  not  know  or  bear  of  a  consult 
of  JesuitSj  ibat  was  to  be  in  April  167R,  and 
from  whom  he  beard  jt  ? 

Get  raid.  My  lord,  I  know  it  is  the  custom 
of  the  Fathers  of  that  order  to  have  a  congre- 
g'atiun  once  in  three  years,  about  the  aflajrs  of 
their  society,  but  lb  en  no  person  is  admitted  to 
be  one  of  that  conpnfation,  but  tbeui  ihiit 
have  buen  18  years  Jesuits  ;  and  he  not  ba¥  - 
wjg  bei.-u  fid  much  Ji^  a  nuviee,  I  know  not 
how,  if  ht^  had  been  here,  he  could  but  e  been 
pretient  at  it. 

L,  C,  J.  He  layse,  that  there  used  to  be  a 
triennial  congregation  for  tlie  bustness  of 
the  society,  but  you  could  not  be  present  at  it, 
beeause  ynu  haci  not  been  16  years  a  Jesuit* 

Otrrard.  *  Aim.  deciuio  octavo  currenie,*  is 
the  word  of  the  Rule. 

OuU'i,  Pray,  my  lord,  ask  bim  thisqueation, 
How  he  knfiwi»  that  to  be  tbe  Rule  ? 

Gtrrarff.  You  or  any  man  may  read  them 
in  tbeir  books, 

L.  C.  X  It  seems  he  has  read  them,  and  he 
■ays  you  must  pass  through  IB  years  beibre 
you  be  admitted  of  the  congregation  ;  and  he 
Delieves  you  were  not  there,  for  you  were  not 
capable  of  so  much  as  a  noFiceship. 

Gates.  I  desire  your  lordsbip  to  ask  bim. 
Whether  or  no  he  beard  rae  read  in  tlio  Sodality  ? 
Oerrard,  Yes,  I  did, 
Onta,  Were  you  of  the  Sodality  f 
Oerrard,  Yes,  I  was. 

Oatct.  Pray,  my  lord,  ask  him,  wliat  oaths 
«re  there  taken  before  they  be  admitted  into 
tbeS<jdiihty? 

L.  C.  J^  No,  by  no  means,  I  will  not  do  it. 
OaUM.  Why,  my  lord,  may  not  I  ask  it,  to 
fhew  what  kind  of  nien  these  are  ? 

L,  C.  X  No,  indec^d,  it  is  but  tlie  same  ques- 
tion again,  that  1  tu)d  you  before  is^  nut  to  be 
AskeiJ,  lor  it  may  make  him  liable  to  a  penal- 
ty »  if  you  come  to  be  a  witness,  no  man 
•hould  ask  you  a  question  that  tuight  make 
you  obnoxiousto  a  penalty  i  lio  more  must  you 
ask  tbem  any  such  que<itiona. 
Oo^si.  1  bvt  dona  witb  him>  my  lord. 


Sol.  Gen.  Where  is  my  loH  OfnvA  tf 
Brnniley  f^Lord  Oerrmd.  |lcf«  lAiii,8ir. 

Alt.  Gen,  Pray,  my  lord,  do  you  rnnanlv 
Mr.  Gates  at  St.  Oilers  in  tbe  year  IfiH  ari 
16T8? 

Lord  G  error d.  He  was  di^iiised  b 
habit,  and  another  oolottred  peniwi^,  the 
was  blacker  than  that  be  has  od  oow  ;  bol  I 
tnember  his  face  very  well,  au4  kaow  hiia 
by  the  tone  of  bisroice,  wbich  waa  TCfy 
able  i  but  I  never  remember  tb«l  beiv»dbiaft 
from  Ht,  Omem  after  be  came  tbUber.  1  t^ 
memWrhis  coming  exactly,  wbicbwaaakM 
Christmas ;  nor  did  I  ever  bear  tbftt  be  wm 
absent  till  June  1676,  New^  t»tile,  when  bt  nm 
away* 

$ul.  Gen.  Do  you  remenkber,  my  lord,  via 
Mr.  Burnaby  camej 

Lord  Gerrard,  1  6a  refnembsr  Mr.  Ir 
naby's  coming,  but  wbal  liine  it  m%  I  CBi 
ejtacUy  tell. 

L.  C,  J.  J  a  my  lord  Gerrftrd  swoni  f 

Sol.  Gen,  I  think  so. 

Lord  Gerrard,  No,  iny  lord,  I  am 

L.  C,  /.    You  must   be    sworn, 
[Which  was  done.]     Now  if  you  b« 
tu  ask  my  lord  any  qut^stloiis,  cfa. 


Itt,  Gen.  My  lord,  we  desire  to  I ^ 

lord  Gerrard  ol'  Bromley ,  wbetber  be  kwa» 
Gates  at  St.  Omers  ? 

Lord  Gerrard.  My   lord,    I    rememhff  b 
came  in  1677,  as  I  take  it,  it  waa  tbe 
of  December;  and  never  heard  bewaa 
missed  tiU  June  1678,     I  rwieiiiber 
larly  upon  tbe  25th  of  March,  ibere 
Lector  to  be  re^er  of  the  Modality  i 
Gates  desirioj^  it,  he  was  appointed  lo 
was  tlierc  my  sell,  and  1  never  miaaed  bM| 
heard  bim  reail,  that  I   do  remenibcr, 
Sundays  and  Holidays,  and   never  ka^ 
ab^nt  any  one  :  howerer  for  fire  or 
he  w  as  constant  at  teadiog  ;  aod  I  caa 
ler  remember  it,  because  he  bad 
cant  in  his  tooe^  which  all  mea  may  kaov,' 
ever  courersed  with  him. 

SoL  Gen.  If  IHtea  please  to  msk  my  M 
Gerrard  any  questions,  he  may. 

Lord  Gerrard.  Pray,  my  lord,  l0t  nitlf«t 
a  word  or  two  more. 

L,  C.  J.  Ay,  my  lord,  pray  ^  on. 

Lord  Gerrard.  i  rememoer  I  heard  Sr. 
Gates  was  at  tbe  oonHrmadon,  wbkb  wai^ 
St.  Augustia^s  day  ;  there  waa  a  oonfinMlHi 
by  a  Catholic  bi&nop,  about  the  26Ui  oC  Wjt 
Nevr  Stile  ;  I  remember  I  heard  Mr.  Oslai 
was  there^  and  the  bishop  did  particularly 00** 
him  as  a  iter^on  of  elder  years  tbaa  tbe  f0t  d 
tbe  bludents. 

L  C.  J.  Do  you  know  tlM%  my  lard»  of  pv 
own  knowledge  ^ 

Lord  Gerrard.  I  do,  my  lord, 

L.  C.  J.  Because  you  iky  ycm  heard  it» 

lioid  Gerrard,  My  lord,  f  lutber  I    ^ 
bcr  this,  when  tbe  news  of  the  Ploi  b 
covered  by  Oatas,  came  to  Si. 
went  by  the   name  of  SasKfOMi  Ijmy* 
sometimes  Titus  Arobrosttis 


ST4TET1UALS,  i  James  U.  l6U^fi>r  Perfurf^. 


^  telinlftm  thmt  knew  liiro  there,  how 
^      ■'  1       If'iit  to  pr^t<?ncl  he  vras  nt 

C  i  oC.^jiril  1678,  wheiiftU 

r  iim   every  duy   irt  AjiHl   Rntl 

^  >,  us  tmich  a*i  a  man  can  hn 

I  ■  '    ■  -^  never  kiio>vti  to  be 

t'  ,  hpsides,  my  lonJ, 

I. ,4 J,  ^.  ^  ..^...,.j  .iuted  as  a  thiiigf  crfn 
jao  scholar  goes  away  from,  or  comt?s 
pilc^ofHt.  Ornery,  hul  ii  u  jMirhcuJurly 
b  the  whole  house ;  it  is  the  cotiimon 
id  (lificour^e  ns  much  as  a uy  new  oc* 
»  are  here  about  the  town. 
hn.  ir  0«tea  be  pleased  to  i^k  hitn 
lliotis,  tie  may. 

k  My  lord,  I  deaire  (his  noUle  loiil 
Hked  a  question  or  two ;  1  do  not  re- 
illialonbiitp  there* 

Cerrard,  I  do  very  well  rememher 
i  by  tmrticolar  retnarks, 
,  Yes,  my  lord,  you  hnre  occasion  to 
icr  me,  anj  so  have  your  whole  party, 
ny  lord,  let  my  lord  Gerrard  be  a»kt*d, 
ime  his  lordship  went  by  at8t.  Omers? 
t^errard,  Mr.  Oates^  I  aoi  not  difti- 
Bilio^  the  Dame  I  went  by  there.    It 

rei. 

I  I*nnri  roy  lord,  I  desire  to  know 
Irion  £is  lordihtp  is  of? 
werrerd.  Neither  am  I  ashamed  to 
f«li||fioci,  Mr.  Oates;  I  am  a  Cathofic. 
Ptay*  i»y  lord»  if  you  pleate^  be- 
im  noble  lord  pretenils  he  lieard  tne 
desire  to  know  of  him,  Whether  be 
\te  Soilality  ? 

Gtrrard,  I  remember  yoq  partieu- 
your  voice,  and  that  is  one  Khnx^  that 
irly  bringn  you  to  my  remembrance 

.    Pray  nsk  thi^  noble  ford,  if  he  was 
I  at  the  Jesuits  Trial  ? 
litrrard.    No,  1  was  never  a  witness  in 
^fore:  by  the  oaifi  that  I  have  taken. 
•/.     ll  in  very  well,  my  lord. 

Pray  my  lord,  ask  this  nolileman, 
r  he  did  not  know  of  a  consult  in  April 
pd  from  whom  he  knew  it  ? 
perrard.  No,  I  know  of  iWMie,  nor 
by  rumour,  after  that  you 
ircr  auch  a  thing'. 
lordship  see  me  every  day, 

^? 

wrrard*     t  cannot  fay  every  day ; 
blm    at  the  Refectory  pfencrally, 
l.*>r  it  n :.!  tjcularly,  because  he  sat 
b>  1  believe  h«?  could  not 

U^'       ^        Mg  missed,  becau9«  we 
^ry  JF'son  ti*at  came  in  and  went  out. 
'^rt.  Then  swear  Mr,  Samuel  Monfan. 
[Which  was  done,] 
len.     Mr.  Morgan,  were  you  at  St. 
ia77,  and  1078-/ 
i,     I  was,  my  lord, 
hn.    Did  yoii  observe  Mr.  Dates  to 
bme  ? — Morgan,  Yes,  I  did. 
Prmy  give  an  ac««»ttnt  when  he 
htweaiawty? 


[lias 


He  cume  14  or  15  days  before 
B  1  remember,  and  went  away  in 


'  Chriittiua!«,  a 
J  uiu*. 

Aft,  Gtn,    What  Christmas  do  you  met 
Mr.  Morgan? 

Christmas  1677. 
And  when  did  he  go  away? 
In  June  1678,  he  went  away. 
Was  he  absfnt  any  time  during 


JtL  Gfn. 

Mm  gun. 
Alt.  Gen 
tliat  Kpace  ? 
Alortran 


My  lord,  1  know  jiot  that  be  wa^ 
ever  absent  above  one  night  in  all  that  time. 

Att.  Otn.    What  time  was  that  one  nighlF 

Morgan,  Truly,  my  lord,  I  oannot  tell, 
what  month  it  was  very  exactly. 

Att,  Gen.  W hither  was  he  gxine  that  night  f 

Morgan,  He  went  to  Waltoo,  three  milei 
off  ii-oni  Hi.  Orners. 

Alt,  Gen.  Do  you  remember  the  time  when 
Mr.  Hilsley  came  away,  and  when  Mr.  Bur- 
naby  came  to  ttt.  Omers  ? 

Slorgan,  Y'ea,  1  do,  my  lord,  very  well. 

Sot,  Gtn.  Was  Mr.  Oates  there  when  Hd- 
sley  went  away  ? 

Morgan.  He  was  there  then. 

Soi,  Gen,  Was  be  there  when  Mr,  Bumaby 
camef 

Morgan.  He  was  there  when  Mr,  Bumaby 
camL*  thither, 

Soi,  OcH,  Was  he  there  when  Mr.  Pool 
came  away  f 

Mar  gun   Yes>  my  lord^  be  was  so. 

&//.  Gen,  I  nil  I  ask  you  this  short  questionj 
do  you  birlieve  in  your  cou&cience  ihat  he  wa~ 
absent  »ny  particular  time  all  that  vvh'le? 

Morgun,    No,  my  lord*  1  huVe  no  reason  ' 
believe  so. 

Gates,  Pray,  my  lord,  ask  hira  what  relJ|fion 
he  is  of? 

Morgan,  1  am  of  the  church  of  Engfland. 

Dotes.  When  were  you  reconciled  to  thf 
church  of  England? 

Morgan.  Five  years  since. 

Gate*.  I  desire  to  know  of  him,  what  induced 
him  to  be  reconciled  to  the  Church  of  Eng- 
land ? 

L.  C,  J.  This  is  not  a  pertinent  quesdoA, 
nor  fit  to  be  askeil.  Is  he  to  give  account  of 
his  faith  here  ? 

Just.  Wit  him.  It  seems  Mr.  Oates  is  angty 
whi'ti  the  v^  itiiesses  are  Papists  and  when  they 
are  Protestants  too. 

Gates  When  uas  it  that  I  came  to  St. 
Omers,  do  you  say  f 

Morgan.  You  came  thither  in  December 
1677. 

L.  C.  X  So  he  told  you  before ;  wliy  do  you 
re]>eat  tbin^  over  and  over  again  f 

Gates.  When  was  it  I  went  away  from 
thence,  say  you  ? — Morgan.  In  June  1678. 

Sol.  Gfn.  Do  you  remerat>ef  the  24th  of 
April  Old  Stile  that  year? 

Morgan.  Yes,  my  lord,  I  do  remember  i| 
very  well. 

Sol.  Gen.  Do  you  remember  him  to  be  at  i 
Ornery  that  day  ? 

Morgan;  \^y\  do^Xi^ i^i^^sv^soaiiiiA^m^ 


STATE  TRIALS.  1  Jam  u  II.  1685.— IHa/  of  TUtu  Oetet,         [11)» 


Sol.  Gen,  Ay,  pray  tell  my  lord  and  the 
jury  that  circumsUuice,  hoviP you  come  tore- 
member  it. 

Morgan,  We  bad  the  Trial  of  Ireland 
broHjrht  over  to  us  soon  after  it  was  printed, 
and  there  we  found  mentioned,  that  Mr.  Gates 
iiad  deposed,  that  the  124th  of  April  1678,  there 
was  a  consult  of  the  Jesuits,  and  they  met  at 
the  White  Horse  taFem,  where  they  resolved 
to  kill  the  king,  and  he  carried  that  Kesolution 
from  chamber  to  chamber,  and  he  did  nomi- 
nate the  day ;  and  having^  it  then  fresh  in  my 
memory,  though  he  swore  that  he  was  the  24tn 
of  April  QJd  Stile  in  London  at  that  Consult, 
yet  I  fbuod  him  to  be  at  St.  Oraers  by  a  parti- 
cular ohvumstance.  My  lord,  I  was  playing 
at  ball  that  day,  and  struck  it  over  into  a  court, 
into  which  I  coald  not  get  over  myi»elf,  but  I 
saw  Mr.  Oates  then  walking  in  the  court,  and 
I  came  and  borrowed  his  key,  and  so  went  in, 
and  there  passed  between  us  words  of  friend- 
ship, 
ir        X.  C  J.  When  was  this,  do  you  say  ? 

Morgan.  The  24th  of  April  167S,  Old  Stile. 
Oates.  1  desire  to  let  his  orders  be  seen. 
X.  C^  J.  No,  he  shall  not  be  put  to  shew  any 
such  thing. 

Oates.  He  is  a  minister  of  the  church  of 
£i^land,  my  lord. 

X.  C.  J.  Sir,  we  tell  you  we  will  not  do  it ; 
what  ado  is  here  with  your  impertinent  ques- 
tions ?  Have  not  I  told  you,  you  shall  not  en- 
snare the  witnesses  ? 

Oates.  He  was  going  to  pull  out  his  orders 
himself. 

Att.  Gen.  My  lord,  Mr.  Oates  may  see  them 
if  he  will,  he  is  a  beneficed  minister  of  the 
church  of  £ngland. 

L.  C.  J.  Does  he  mean  those  orders  ? 
Att.  Gen.  Yes,  he  docs,  and  liere  they  are. 
L.  C.  J.    Let  him  see  llicm.     [Which  was 
done.] 

Gates.     My  lord,  I  desire  to  know  of  this 
gentleman,  w  hat  name  he  ve^it  by  at8t.  Omeib? 
Morgan,  By  the  name  of  Mori^an. 
Sol.  Gen.    Swear  3Ir.  Arundei.      [Which 
Was  done.  J 

Att.  Gtn.  Pray,  Sir,  will  you  ffive  an  ac- 
count in  short,  whether yf.u  were  at  St.  Omers 
in  167 r  and  1678,  and  the  time  whfn  Oates 
came  thither,  and  when  ho  went  a\^ny  ? 

Aruudcl.  I  was  tliercwlicn  Dr.  Oates  came, 
and  wlien  lie  went  away. 
j1</.  tit/i.  When  was  that? 
Arundel.  Sir,  1  cannot  be  positive  to  the  time 
exactly,  but  I  think  it  was  about  January  1677, 
that  he  came  there,  and  lie  went  away  about 
June  1678.  1  cannot  be  positive  to  the  time 
exactly. 

L.  C.  J.  He  does  not  particularly  remember 
the  time,  but  he  thinks  it  was  about  January 
1677,  he  came  thither. 

Arundel.  I  beg  your  lordship's  pardon,  he 
came  there  about  December. 

Att.  Gen.  Do  you  remember  any  particular 
eircumstances,  that  you  saw  him  there  any 
futiewi%r  tiioe  ? 


.    Arundel.    Upon  St.  Aogustiii'f  day  I  a« 
him  confirmed. 

Sol.  Gen.  What  day  is  that  ? 
Arundel.  The  26th  of  Alay,  according  to  the 
foreign  account. 

X.  C.  J.  Did  you  know  bim  there  then? 
ArundeL^  Yes,  my  lord,  I  say  1  saw  bin 
oonfinned. 

Sol.  Gen.  Do  you  remember  Mr.  Hilsley'i 
going  away  P 

Arundei.  I  do  not  remember  the  time  parti- 
cularly, but  I  do  remember  Mr.  Oates  wasac- 
tuallythere  then. . 

Sol.  Gen.  Do  you  remember  when  Mr.  Bw^ 
naby  came  to  St.  Omers  ? 

Arundel.  No,  1  do  not  remember  the  time, 
but  he  was  there  then  too. 

Sol.  Gen.  Do  yon  remember  when  Mr.  Pool 
went  away  ? 

Arundel.  No,  I  cannot  tell  what  day  it  vm^ 
but  he  was  there  at  the  time  of  his  goingam, 
upon  my  oatii. 

Sol.  Gen.  Can  you  teU^a^  other  paitieuhr 
time? 

Arundel.  The  11th  of  May  New  Stile,  tbcre 
was  an  action  exhibited  in  the  college. 
X.  C.  J.  Was  Oates  there  then  ? 
Arundel.   To  the  best  of  my  rememhranre 
he  was. 

X.  C.  X  He  does  not  affirm  any  particulir, 
but  only  speaks  in  genccai. 

Oates.  Arc  you  a  I*rotesfant  too,  Sir  ? 
Arundel.  Ko,  doctor,  1  am  not. 
Oates.  Pray,  my  lonl,  I  desire  to  knowwhit 
religion  he  is  of? 

Arundel.  I  am  a  Papist,  my  lord. 
Oates.  Pray  ask  him,  by  %%iiatnaroebewtil 
at  St.  Omers? 

Arundel.  I  believe  you  know  that  as  wdlii 
1,  Dr.  Oates. 

X.  C.  J.  You  must  answer  his  question. 
Arundel.    I  weut  by  the  name  ot  JS|J€IKW, 
my  lord. 

Gates.  I  do  remember  him,  my  lord,  to  have 
been  there. 

Arundel.  Sir,  your  humble  servant. 
Oates.  It  is  almost  seven  years  ag«),  my  lofi 
and  I  may  not  so  well  remeuiber  them  as-tlMy 
do  me ;  but  1  desire  to  know  when  he  weatu 
St.  Omers  lirst,  aud  how  long  be  was  there? 
Arundel.  I  was  there  seven  years. 
Oates.  Pray,  my  lord,  ask  him,  fihetiierbt 
was  of  the  S^niality  ? 

Arundel.  Yes,  my  lord,  I  was. 
L.  C.  X  Was  he  reader  of  the  Sodality? 
Arundel.    Yes,  my  lord,  in  my  time  be  «« 
reader. 

Oatesi  Then,  my  lord,  1  desire  to  askbiiB, 
whether  he  ever  beard  of  a  consuh  of  tb« 
Jesuits,  that  was  to  be  held  in  England,  io  AfAil 
1678,  and  from  whom  he  heard  it  ? 

Arundel.  Yes,  my  lord,  1  did  bear  in  ifc« 
college  of  a  congregation. 

Sul.Gen.  Was  that  an  extraordinary  one, or 
of  course  ? 

Arundel.  It  was  only  of  course,  tf  ^ 
told  us;  once  in  three  yean  they  ban  oM- 


STATETRIALS,  1  JamesILi685,— /orPrr/Kry.  [1130. 

or  latter  end  of  March  ;  I  cannot  justly  sweax 
wliich  it  wai. 

Mr.  Moiloy.    Did  he  read  od  Holidays  q 
well  as  Sundays? — Tarbcrvih*  Yes,  he  did* 

Oaiei,  1  nm5ttask  this  gcmlefuun  oue  ques-l 
tJon,  if  your  lordship  please^  and  that  is  this, 
what  name  he  went  by  at  St.  Omers  ? 

TurUrviic,  1   went  tl»ere  by  the  name  of 
Farmer. 

OaUs.    Pray  you,  my  lord,  ask  bim  what 


fs.  Pray,  my  lord,  be  pleased  to  ask  this 
ieiDao,   wbat  studies  he  followed   at  St. 

C  J.  He  was  of  the  Sodality,  he  says. 
rundcL  My  lord,  I  studied  to  the  end  of 
ric. 

i«.  My  lord,  I  desire  to  know  whether 
!n  lie  came  thjfn  St.  Oiners,  he  did  come 
ly  for  ]£nglD[id  ? 

undcL  No,  1  went  from  tkeuc«  to  Paris, 
brd. 

Gen.  Swear  Mr.  Christopher  Turber- 

[Which  was  done,] 

it,  Cf«.  Pray,  Mr.   Tarbervile,  will  you 

lOaJttt  iiiy  lord   amlllieJiiry  whether  you 

■e    with   Mr,  Oatt^s  at    St.   Omers,    and 

u? 

^^urberviic.  Yes,  ray  lord  ;  he  went  by  the 

II »»  af  Smnpsun  Lucy  there,  mud  there!  saw 

,  and  tbt^re  I  was  with  liiiu  all  llie  tune  ;    I 

there  before  hiro,  and  1  remained   there 

he  went  awa3\ 

It.  Gert.    What  time  did  he  come  to  St. 
lers,  I  pray  you  ? 
uiitcrvUe,  Before  Christmas. 
.C,J.  VYhatyear? 
Wtervile.  Li  the  yi*ar  I6f 7. 
\it.  Gen,  W  bat  time  was  it  he  went  away  ? 
urhemile.  In  June  1678. 
i.  C.J.  Were  you  there  all  that  while  at 
St.  Omers  P^riiritTTJt/t;.  Yes»  1  was. 

X.  C,  J,  And  to  the  bcBt  of  your  ai*[>reben- 
fiion,  you  tbink  he  was  there  all  that  wuile  ? 
TurbervUe,  Yes,  I  do  so,  my  lord. 
Soi.  Gen.  Can  you  speak  of  any  paiticular 
^mjs  you  can  re  mem  Iter  ? 
^mpTurbervtie,   Yes,  I  do  remember  him  upon 
Hb  fourth,  fifth,  and  sixth  of  jVJay,  for  two  or 
three  ilayi  together  ;    fur,  my   lord,  I  do  re- 
niember  this  circumstance  :  'Mr.   Pool  alMiut 
that  time  went  away,  and  tiiat  very  day   Mr. 
Pool    went  from  the  college,   I  cliaiif^i^d   my 
lod^ngand  wt^ntinto  his  lud^in^f,  and  that  day 
I  taw  l>r.  Oates  in  tbc  uhambtr,  and  by  the 
chaniber-door. 

Ati.  Gen.  Did  he  continue  in  the  oollejfe 
froni  the  time  he  came  about  Chriiitmas,  to  the 
time  he  v»ent  away  iu  June  ? 

lurlfervik.  Yes, he  did  all  the  while» except 
il  were  one  night  in  January,  when  he  went  to 
Wation. 

i*  C.  /.  What  timq  in  June  did  be  go  away  ? 
Turberviie.  I  am  not  positiie,  but  I  am 
morally  sure  he  went  away  the  Sdd  of  June, 
fts  near  as  I  can  rememljer. 
.  04i#et.  I  Wis  there  iu  June,  that  is  Tery  well 
lifiown. 

I^  C.  /.  What  do  you  rememW  of  his 
leading  in  tl^c  college  ? 

.  TkrbcrciU^  I  do  remember  he  was  reader 
lliere  on  Sundays  and  holidays  for  a  great 
while  ;  I  cannot  swear  upon  whai  JSunday  he 
began,  hut  he  left  off  the  Sunday  before  he  went 
away, 

L.  C'  J.    As  near    as  you  can  remember, 
Yfhen  did  be  bcgpn  U^  read  ? 
,    Ifurbtrwiit,    U  was  the  beginning  of  April, 


religion  he  is  of? 

Turbetuik*   It  is  a  bard  question  to  answa 
that.  1 1 

Oat€9.  Nay,  xny  lord,  I  desire  to  know  whall 
is  his  religion  ? 

TurbcrviU,   I  am,  my  lord,  a  Roman  Ca 
Iholic. 

Oa^fj.  Ask  him  when  he  went  to  St.  Onu±ri'] 
firiil,  and  how  long  he  Kiaid  there  ? 

TurbcrviU.  I  was  there  seven  yeara  JtvfA 
near. 

Dates.  I  desire  to  kno>v  whether  \w  did  come| 
away  directly  to  England  j  when  be  came  tiro  a 
St,  Omers? 

Turbtrvih,  No,  my  lord,  I  went  into  Italy  J 

Ontu.  Pmy  you,  my  lord,  I  desire  to  know 
wli ether  he  did  go  to  Rome  ? 

L.  C,  X    What  if  be  did,  whsil  then  ?  tha 
is  not  all  to  the  purpose,  he  went  into  Italy. 

Oatfi.  l^ray,  my  lonl,  be  pleased  to  ask  Idoi 
this  que<*tiou  turtlu  r,  was  tie  a  witness  on  th^^ 
beliHJf  uf  the  five  Jesuits,  or  of  Langbom 
then- Trials? 

Tarbtrvik.  No,  my  lord,  I  was  not. 

Outts.  Fray,  my  lord,  be  [deased  to  Oi^k  him 
then»  what  rev«ard  he  lias  been  promised, 
is  to  bafefor  gifing  this  evidence  ? 

Ttirbtrvtk.  None  at  all,  my  lord. 

Outts.  Pray,  my  lord,  ask  him,  whether  ot| 
no  he  heard  of  any  consult  of  the  Jesuits  ii 
April  1078,  and  from  whom  ? 

Turbcrvik.  There  was  a  cougre^tion,  i 
heard,  but  I  do  not  remember  iliat  any  of  the 
father!^  went  from  the  ndleiie  lu  it ;  several 
came  by  there,  and  lodged  there  as  they  went, 
and  as  they  eame  bjick. 

Ofitrit.  Fray,  my  lord,  ask  him  how  he  came^^-^ 
here  to  be  a  witness*  in  this  cauFc  ?  s  V^H 

l^trbtrvik,  i  was  subposnaed.  -'' 

Oatts.  Who  sservcil  the  subpcena  upon  him  ? 

TurbtTTtk.  The  mana;Ter3;  it  was  sent  to 
rae  by  the  king's  counsel,  I  suppose  ;  a  man 
brought  it  to  me, 

L.  C.  J.  1 1  is  no  matter  who  brought  it  yoOj 
you  were  subpcenaed,  thai  is  enough. 

Soi.  Gen,  Swear  Mr    Anthony  Turbervile 
[Which  was  done,] 

An,  Gen.  Were  you  at  St,  Omera  in  IBfr 
and  lfi78  ? 

A.  Turbervik.  Yes,  my  lord,  1  was. 

Ait.  Gen.  Did  you  obsen'c  the  defendont 
Mr.  Oaies  there  at  ibat  time  ? 

A,  Turhervtk.  Yes,  I  obwrved  bim  all  the 
while  he  was  there, 

Alt,  Gen,  When  did  he  come  to  St.  Omers  .^ 

A.  Turbervik.  In  the  year  1677,  about 
Cbristmajs*  . 


I 


j 


1 131 J  STATE  TRIALS,  1  James  U.  i£65.— 7rt«/  o/ TUm  (hiu.         f  lUI 


Att,  Gen,  When  went  he  av^ayf 

il.  Turbervile.  A  gentleman  who  waa  for- 
merly sworn,  (Mr.  Tliomton)  and  I  were  at 
breakfest  with  him  the  aelf-same  time  when  he 
went  away. 

X.  C.  /.  When  was  that  ?  ^ 

A»  Tarhervile.  I  suppose  about  the'  latter 
end  of  June  1678. 

Att.  Gen,  Did  you  observe  him  to  be  there 
in  April  or  May  1078? 

A*  Turbervile,  lie  was  not  absent  above  one 
.night  in  January  that  I  can  remember  from  his 
first  coming  thither,  for  it  was  impossible  he 
should  be  absent  and  not  miss'd,  he  sitting  at  a 
distinct  table  by  himself,  and  his  conversation 
li^ng  so  remarkable  for  a  great  many  ridicu- 
lous actions,  and  great  many  pretty  jests  that 
he  used ;  so  that  he  was  like  a  silly  nerson,  as 
I  may  call  him,  that  used  to  make  sport, 
and  nobody  could  be  missd  so  soon  as  he: 
And  1  saw  ^  little  boy  in  the  college  beat  him 
up  and  down  with  a  fox's  tail.  Indeed,  my 
Jord,  all  his  actions  were, very  remarkable:  I 
saw  him  very  much  abusive  to  persons  that 
liv'd  with  him  in  the  college ;  ami  Mr.  Oates 
could  not  be  a  person  of  this  note,  but  all  the 
world  must  take  notice  of  him,  and  all  tbat 
knew  him  must  miss  him,  if  he  were  away. 

L,  C,  J.  You  hear  him,  Mr.  Oates ;  be 
gives  you  a  particular  character ;  he  says  you 
were  a  very  notorious  person  in  many  in- 
stances. 

A,  Turheroile.  My  lord,  I  was  a  person  tlien 
the  youngest  in  the  whole  company,  and  Mr. 
Oates  being  very  abusive  to  me,  1  did  what 
became  me  to  right  myself  upon  him. 

Oates,  Pray,  my  lord,  be  pleased  to  ask  this 
gentleman  what  the  name  was  he  went  by  at 
St.  Omers? 

A.  Turbervile.  By  my  grandmother's  name, 
which  was  Farmer. 

L.  C,  J.  Do  you  remember  the  time  when 
Mr*  Hilsley  went  away  from  St.  Omers. 

A,  Turbervile,  He  went  away  upon  a  Sun- 
day. Mr.  Oates  remained  afteiwards  there: 
I  am  positive  I  saw  him  several  days  after. 

L.  C.  J.  Do  you  remember  when  Mr.  Bur- 
naby  came  thiilier. 

A.  Turbervile.  Yes,  my  lord,  and  Mr.  Oates 
was  there  then. 

L.  C.  J.  Will  you  ask  him  any  questions? 
If  you  are  not  ready,  (  will  ask  him  some  for 
you.     Come,  what  religion  are  you  of? 

A,  Turbervile,  I  am  a  Roman  Catholick, 
my  lord. 

*L.  C.  J.  Well,  and  how  long  were  you  at 
St.  Omers  ? 

A.  Turbervile.  Six  years  and  upward,  my  lord. 

L.  C,  J,  W  hen  you  came  away  (Vom  thence, 
did  YOU  come  directly  for  England  ? 

A.  Turbervile,  1  took  a  circumference 
round.  ' ' 

Oates,  My  lord,  I  do  find  my  defence  is 
under  a  very  great  prejudice. 

L,C.J.  Why  so?  Because  we  won't  let 
jon  ask  impertinent  questions)  or  such  as  may 
reader  tb^  witaemmi  ohnoziooi  t»  a  peealiy. 


Oates.  No,  my  lord,  it  boot  fit  they  iMU, 
for  there  is  a  turn  to  be  lerved. 

X.  C.  J,  What  do  ^ou  mean  by  Ihal?  Ay, 
and  a  good  turn  too,  if  these  witnenes 
true :  It  is  to  brin^  troth  to  light,  and 
villains  fo  condign  punishoient. 

Oates,  Good  my  lord,  be  pleased  loheirae. 

L,  C,  J.  If  you  behave  not  younelf  widi 
that  res|>ect  to  the  court  as  you  ought,  pny 
get  you  gone.  Do  you  think  yon  Mali  gifa 
such  language  as  this  in  a  court  of  jostioer 

Oates,  My  lord,  I  did  not  deaigD 

L.  C,  J,  If  you  behave  yoursdf  as  jot 
should,  you  shall  have  all  due  regard ;  bat  H 
you  fly  out  into  such  abusive  extravagaada^ 
we'll  calm  you  as  you  ought  to  becalnied. 

Oates.  I  would  vindicate  myself,  I  mcMt  it 
not  of  the  court. 

L.  C.  J,  So  you  had  need.  Don't  thbk  we 
sit  here  to  let  you  asperse  the  instioe  sf  tbe 
court  and' of  the  nation,  as  if  the  judges  mk 
here  to  serve  a  turn. 

Oates,  1  say,  these  men  do  oome  to  sens  a 
turn ;  but  I  laid  no  aspersion  upon  the  coHt, 
nor  meant  it  of  them. 

L.  C,  J.  Behave  yourself  as  you  0Qg1it,si4 
you  shall  be  heard  with  all  the  iaimeM  caa  te 
desired. 

Oates,  I  did  perceive  your  lordship  tad  dn 
court  made  yourselves  pleasant  with  my  fan-. 
tions. 

L,  C.  J.  I  did  not  make  myself  pkiMt 
with  your  questions,  hot  when  yoo  ask  impv- 
tinent  ones  you  must  be  corrected:  YoaM 
we  do  the  same  thing  with  them  ;  I  find  M 
with  nothing  but  what  is  not  to  the  porposf. 

Oates.  My  lord,  I  desire  it  may  be  dostfnl, 
tbat  these  men  that  come  now,  are  the  ane 
witnesses  tliat  appeared  at  the  Old  Bailey,  sstf 
were  not  believed  there. 

L.  C.  J.  Observe  what  you  will  by  andlrj. 

Att,  Gen,  No,  they  are  other  men,  but  tbey 
bear  the  same  testimony  indeed. 

Sol.  Gen.  Swear  Mr.  Clavering.  [Which 
was  done.] 

Att.  Gen.  Come,  Sir,  I'll  ask  you  a  s\Mi 
question;  were  vou  at  St.  Omers  with  Mr. 
Oates,  and  whienr 

Clavering.  Yes,  I  was ;  I  came  the  lOtbif 
Decemlier  1677,  to  St.  Omers ;  he  told  me  be 
came  thither  that  day  too,  and  1  lived  there  il 
the  time  that  he  was  there,  which  was  till  t»« 
wards  the  middle  of  summer :  I  do  not  re- 
member tbat  he  ever  was  absent^  but  ones  it 
Watton. 

Att,  Gen.  Do  ypM  remember  Mr.  Baraahy'i 
coming  thither  ? 

Clavering.  Mr>  Oates  was  there  when  Mr. 
Burnaby  came  there. 

Sol.  Gen,  Was  he  there  when  Pod  ewe 
away  ? 

Clavering,  He  was  there  when  Mr.  Vfd 
went  away,  and  likewise  I  remember  hbkiif 
there  at  the  time  of  the  congregation. 

Att.  Gen,  Pray,  tell  the  circunstaiiee  boa 
you  know  he  was  there  then  f 

Clavering.  Tfatera  came  a  { 


STATE  TRIALS,  1  JaUes  IL  i68S.— ybf  Pajnrlf. 


irtd  a  dnrity  of  the  gtiulents,  and  I 
pmon  that  made  the  cottection  for  him 
owe ;  and  I  remember  be  did  ask,  if 
w  anyone  that  was  a  student  there  that 
Bin8|iain?  We  told  him  there  was 
I  described  him ;  upott  which  he  knew 
leman  in  Spain.  Upon  tliat  I  told  Mr. 
bat  there  was  one  there  that  knew  him, 
deoy'd  to  come  and  speak  with  him. 
cmember  that  it  was  the  time  of  the 
vtion,  for  some  made  enquiry  why  he 
ttle  money  at  Watton,  and  it  was  saki 
ecanse  the  iathen  were  gone  to  the 
[ation  in  England.  And  he  asked  me 
arly,  what  wsi^  done  at  th^  congreg^- 
Swiand? 

JT Did  Gates  ask  that  qnestionf 
Ttn^Yes,  my  k>rd,  be  did. 
.  J.  n  hom  did  he  ask  it  off 
in'ii^.  Of  me. 
.J.  When  was  that? 
Ttn^.  I  thmk  it  was  about  the  tiikie  of 
ipre^itkm. 

J.  How  came  he  to  enquire  after  it  ? 
srtiif.  I  was  taUdnff  with  him,  and  said 
e^  'Know  you  nottiing  what  the  bosi- 
Int  they  are  to  do  at  the  congpregation  V 
'  Mr.  Lucy,  I  know  not  what  they  do ; 
■ot  ranch :  for  I  hear  at  those  meet- 
loy  times  they  stay  an  hour  or  two,  and 
ne  when  they  have  chosen  their  pro- 


And  yoa  belie?e  he  was  there  all 


'eii< 

If 

wmg.  Yes,  my  lord,  I  do  believe  it. 

t.  Kay,  my  lord,  let  me  ask  him  a 

I  or  two. 

./.  Ay,  what  you  will. 

K.  Wliat  religion  is  this  gentleman  of? 

srtiig.  I  am  a  Catholic. 

I*    A  Roman  Catholic  you  mean,  I 

I? 

tnmg.  Yes,  J  always  undestood  it  so, 

I.  My  lord,  I  desire  to  know  bow  he 
tito  be  produced  at  the  Jesuits  Trial,  to 
ii  evidence  he  gives  now  ? 
fffiy.  I  cangtve'a  Terjr  good  reason 
I  s  iwas  then,  my  lord,  in  Germany. 
•  X  That  is  reason  good  enough  or  all 


IRCItaf.  That  was  a  new  question,  and 

[WWch 


v«a  aitiiftctory  answer,  I  ttiink. 
0if a.  Swear  Mr.  John  Copley. 


OtM.  Were  yoa  at  St.  Omers  in  1677 

IBf— Cop/e)f.  Yes,  I  was. 

Gaa.  Was  Gates  there  then? 

lev.  I  kaw  him  all  the  time  be  was^bere. 

(Ma.  When  did  he  come  thither  ? 

!gr.  Ha  came  a  little  before  Christmas, 

Mrafnrr  remembrance. 

Oaa.  Wmd  went  he  away? 

!bk  In  lora. 

Smu  Im  i&mk  month  in  167&? 

bf.  la  Jtna  1678. 

Am  Waa  kaabeent  any  pari  of  that 


[1134 

I  was  there,  and  he  was  there  too. 
en.  Was  he  absent  any  part  of  tiie 
time  from  Christmas  to  June  ? 

Copley,  Nay,  I  am  sure  he  was  there  all  tha 
time,  except  that  night  he  was  absent  at  Wat- 
ton,  and  that  was  in  January. 

Oata,  Pray,  my  lord,  ask  him  what  religion 
he  is  of? 

Copley.  Does  your  lordship  ask  me  that 
question  ? 

X.  C.  J.  Yes,  I  do.  ask  you ;  Mr.  Gatea 
would  know  it. 

Copley,  I  am  a  Roman  Catholic,  my  lord. 

SoL  Gen.  Swear  Mr.  Cook.  [Which  was 
done.] 

Ait.  Gen.  Did  you  know  Mr.  Gates  at  St. 
Gmers,  and  when? 

Cook.  He  came  there  a  little  before  Christ* 
mas,  1677. 

Ait.  Gen.  How  came  you  to  know  him 
there? — Cook.  I  lived  in  the  house  then. 

Att.  Gen.  Was  he  thece  all  April  and  May  P 

Cook.  Yes,  he  was  there  till  the  latter  end  of 
June. 

Att.  Gen.  Did  you  seeibim  every  day  ? 

CooA;.  Yes,  1  did. 

Att.  Gen.  Canyon  tell  any  particular  time  ? 

Cook.  I  am  positive  he  was  there  the  SOth 
of  April. 

Att.  Gen.  What  Stile  ?--Cooifc.  New  Stile. 

£.  C.  J.  How  do  you  know  he  was  there 
then? 

Cook.  It  is  a  remarkable  time ;  there  b  a 
procession  that  they  keep  there  on  that  day 
from  the  Sodality  to  the  church,  and  I  saw  him 
go  among  the  rest  at  the  latter  end  among  dha 
rhetoricians. 

X.  C.  J.  What  say  you,  was  he  .there  an 
that  day  Mr.  Hilsley  went  away  ? 

Cook.  I  do  not  remember  that. 

X.  C.  J.  Do  3ron  remember  Bomaby  ? 

Cook.  I  was  there  when  Mr.  Bumaby  went 
away. 

X.  C.  J.  But  whsn  he  came  was  Gates 
there? 

Cook.  I  cannot  speak  particulariy  to  that 

Att.  Gen,  What  was  your  place  in  the  Col* 
IjBge? 

Sol.  Gen.  My  lord,  he  is  a  Lay-man,  ba  sura. 

Cook.  1  was  a  servant  in  the  house. 

Oatei.  In  what  place  do  you  serve  ? 

Cook.  I  was  a  taylor. 

Oatet.  1  do  not  remember  him. 

Cook.  But  I  remember  you. 

Sol.  Gm.  Swear  Jo.  Wright,  esq.  [Whidk 
was  done.] 

Att.  Gen.  Do  you  remember  Gales  at  81: 
OmersY'-Wright.  Yes,  I  do. 

Att.  Gen.  When  was  it  ? 

Wright.  The  winter  before  the  notice  of  IIm 
plot  was. 

Att.  Gen.  What  year  was  it  in? 

Wright.  In  the  year  1677. 

Att,  Gen.  What  month  in  that  year  did  ha 
come  thither? 

Wright.  Icannottell^ilwaa'iroDtat^ 

Att.  Gen.  Y7b«k^3ul>tta^«m:^^ 


1135]  STATE  TRIALS,  \3KMESlLl6B5.^TrM of  TiiutOaet,  [1130 


WrigkL  He  went  away  in  summer,  I  cannot 
tell  just  tbe  time.  • 

'  Att.  Oen.  Was  he  absent  at  any  time,  from 
his  coming  in  winter  to  his  goiug  away  in 
summer  P 

Wright.  The  scholars  said  he  was  once  at  a 
place  called  Watton. 

£.  C.  J.  Come,  this  says  nothing  to  the 
purpose. 

SoL  Gen.  My  lord,  we  leave  it  here. 

X.  C.  J.  What  say  you  to  it  then,  Mr. 
Gates?  ■'  ' 

Oata,  Has  Mr.  Attorney  done  ? 

Att,  Gen.  Yes,  we  have  done  tor  the  present. 

L.  C.  J.  Then  are  you  to  make  your  de- 
fence. 

'  Oates.  My  lord,  here  is  an  Indictment 
brought  agaiDst  me  tor  Perjury  ;  and  this  In- 
dictment sets  forth,  '  That  I  should,  upon  the 

*  ITth  of  December,  appear  at  the  Old  Bailey, 
'  and  there  swear,  That  there  was  a  treasonable 

*  consult  of  the  Jesuits  met  at  the  White-Horse 
'  Tarem  in  the  Strand,  and  tliat  this  treasonable 

*  consult  did  divide  itself  into  lesser  companies 
'  and  meetings,  and  that  I  carried  about  a  cer- 
'  tain  resolution,  which  the  Jesuits  came  to/ 

*  concerning  killing  the  king,  from  chamber  to 

*  chamber  to  be  signed.'  My  lord,  I  have  a 
great  exception  to  make  to  this  Indictment, 
and  that  is,  my  lord,  as  to  the  form.  For,  by 
your  lordship's  favour,  I  think  the  peijury  is 
not  well  assigned,  and  according  as  I  am  ad- 
▼ised,  I  offer  this  to  your  lordsliip's  consider- 
tion.    It  says  in  the  assignment  of  the  perjury, 

*  Ubi  revera  et  in  facto  prtedictns  Titus  Oates 

*  non  pnesens  fuit  ad  aliquam  Consultationem 

*  Jesuitarum   apud    le    White- Horse  Tavern 

*  prcedict'  in  le  Strand,  in  Com'  Midd'  prrcdict', 

*  super  vicesimum  quartum  dicra  April',  anno 

*  Dom'  Millicesimo.' 

L,  C.  J.  How,  *  Millicesimo  !' 

Oates.  M}'  lord,  it  is  Law  Latin :  I  suppose 
it  may  sen  e  in  a  court  ? 

Z.  C  J.   No,  it  is  true  Latin  there. 

Oates.  I  cannot  tell  how  to  read  it  better. 

L.  C.  J.  1  do  believe  that. 

Oates.  It  is  written  in  such  a  hand,  I  cannot 
read  it ;  but  the  substance  of  it  is,  it  says  here, 
That  I  did  not  carry  any  resolution  from  cham- 
ber to  chamber  signand.  Now  the  evidence 
charged  upon  me  to  be  given,  is,  that  I  did 
not  see  it  signaV  :  so  that  the  assignment  of  the 
perjury  does  not  pursue  the  Oath,  as  it  is  set 
forth  ;  for  if  it  be  sii!niU^  in  the  evidence  that 
tvas  Gfiven,  it  ought  to  be  signai^  in  the  tteijury 
ttiat  is  assigned ;  and  I  humbly  crave  tlic  opi- 
nion of  your  lordship  and  the^  court  upon  this 
point. 

L.  C.  J.  Lo(»k  you,  Mr.  Oates,  that  you  of- 
fered before,  and  1  j^avc  this  answer,  which  I 
must  now  repeat,  lliat  now  we  are  upon  ihe 
fact,  and  this  exception  will  be  saied  to  you  for 
its  proper  time,  if  3  ou  be  convicted.  It  is  not 
proper  now  ;  but  sup|>ose  there  were  that  thing 
which  you  say  is  an  objection,  yet  you  must 
if  now,  tliat  there  are  two  perjuries  that  are  as- 
Mig-ii&i ;  the  one  is  upon  th«  first  \tan  of  ^ouv 


oath,  which  was,  that  you  were  present  at  a 
consult  of  the  Jesuits  the  24th  of  April,  ](»7S, 
at  the  White-Horse  IViveru  in  the  StniMi; 
*  Ubi  reveroy*  yon  were  not  there.  Now,  da 
you  admit  in  the  lirst  place,  that  you  weKftr- 
sworn  in  that  particular  ? 

Oates.  No,  my  lord,  I  do  not. 

L.  C.  J.  If  tbe  Jury  find  tliat  you  were  for- 
sworn in  that  first  point,  that  you  were  aot 
there,  it  will  be  easily  t>elieved  you  swort&ise 
in  tbe  other  point,  that  yon  did  not  cany  ibe 
resolution  from  chamber  to  chamber. 

Oates.  But,  my  lord,  it  is  not  well  assigned,  I 
think. 

L.  C.  J.  That  will  be  saved  to  you  afUr  Iki 
verdict,  I  tell  you,  if  there  be  occaskm  ftr  it 

Oates.  My  lord,  I  suppose  the  proof  oofk 
to  be  accordm^  to  tbe  record,  and  the  mart 
makes  the  perjury  differ  from  the  oath. 

L.  C.  J.  I  tell  you,  that  is  to  the  fbnii,ad 
that  will  be  savtd^o  you  after  tbe  venfietaM 
way  or  the  other. 

Gates.  Then  will  your  lordship  be  pkaai 
to  consider  there  was  a  record  brougk  is, 
which  is  almost  the  same  with  that  J  tmla 
offer  to  be  read,  on  my  behalf,  and  wfaiob  iitbc 
first  proof  that  I  have  to  offer  of  the  ooMk 
that  was  held  in  Ijondon,  in  April  1678.  Aail 
desire  BIr.  Pcrcivile  may  be  called,  1  tbf|^lui 
christian  name,  and  &Lr.  Vaugkan  who  it  my 
solicitor:  but  pra}',  my  lord;  let  me  fimkni 
the  opinion  of^  the  court,  whether  tbej  4tf 
prove  the  words  that  I  am  add  to  svHr,ai 
they  ^re  laid  in  the  indictment. 

L.  C.  J.  Yes,  very  fully,  we  think  so;  hi 
the  Jury  are  to  try^hat;  that  is  a  pointif 
fact:  but  if  you  will,  ynn  shall  have  «tf 
thoughts  about  it ;  we  think  they  are  falh 
prove<l. 

Cri/er.  Here  is  Mr.  Percivile. 

Oatn.  Pray  swear  him.  [Which  was  done:] 

L.  C.  J.  \i''hat  do  you  ask  him  1' 

Oates.  Mr.  Percivifo,  you oxainined  thecal- 
viction  of  Mr.  Ireland,  pray  put  it  in:  if  ill 
tnie  copy  ? — Percivile.  \esi,  it  is. 

Oatts.  My  lord,  I  desire  that  a  Conncli* 
and  Attainder  of  Mr.  Ireland  may  be  wad. 

Att.  Gen.  It  has  been  read  already. 

Oates.  My  lord,  1  will  not  lake  up  thecovA 
time  any  more  tlian  is  necessary  lor  id}*  d^ 
fence. 

L.  C.  J.  N  ay ,  do  as  y< lu  w ill ,  as  long  «s  }ii 
offer  things  pertinent  and  degent,  the  rouitvi 
hear  you  \«ith  all  patience,  and  you  may  take 
what  time  is  necessary  for  you. 

Oatta.  I  thank  your  lordf^hip :  I  designed  Ba- 
thing at  all  of  reflection  upon  the  cnurt,  hull 
refloctiun  on  the  witnesses  that  came  in  agaia^ 
inc.   . 

C7.  ofCr.  Tills  is  a  copy  of  the  saincitcanl 
that  \»as  l)(tbiL'  i-ead. 

Gales.  We!i,  if  that  be  allowctl  for  cvitleoff 
for  ine,  I  am  contented  tu  sjiare  the  time  of  tkt 
court,  not  to  i*ead  it  again ;  but,  my  UntJ,  1 9§s 
this,  and  dcsii-e  to  have  couusel  assigned  ne I* 
argue  this  i>oint  in  law ;  that  is,  Whether cr^ 
the  Convictions   ond  Attaindan  of  Irv* 


StAtETllIALS.  t  JAtfSsll.  1685.— /or  Perjury. 


[113S 


ttA^  and  the  rest  of  them,  of  a  treason- 
suit  of  the  *2  nil  of  April  1578,  where  it 
jveiJ  lo  tntirj|«*r  the  late  kiof^,  ought  not 
Icennsasurr^   ■       '      il  p  root*  of  the  fact, 
Hiff  as  those  reraaia  of  foroe? 

tvlrther  the  aveniMin  of  that  boinfif  false,  is 
19  be  received  against  tbo^e  reconis  ? 

X*  C  /  There  is  uo  difficulty  in  that  at  all 
a  the  world,  Mr,  Oat*^s. 
O^itci.  My  tord*  1  do  not  knoxv  the  law,  and 
*»re  1  prij^'  I  may  haf^e  cauuftel  ftssig-ned 
_  il«  that  noipt, 

"C.  J.  Tiiene  is  no  <^iiestion  in  it*     God 

'  ^if  a  verdict  l*c  obtain wl  by  peijury,  that 

ilkt  should  protect  the  perjuied  party 

etng  prosecuted    for  his    false    oatli. 

vtrere  no  justice  in  tliat ;  nor  is  it  an 

Riait  asraiQat  a  record,  for  this  is  not  a  writ 

or  in  fact  that  will  reverse  it,  but  the  re- 

[  ficniains  a  good  record  and  unim peached 

'  it  ihougli  it  be  a  good  reconl,  yet  it  iB 

»  say  U\\s  verdict  was  obtained  upon  the 

iy  of  such  ail  one,  that  forswore  himself 

fcestimooy,  and  for  that  particular  per- 

'  tjiay  iurelv  he  pritsecuted, 

uitt.  \i  not  that  attainder  an  uncontroul- 

[  CYtdeuce  of  the  fact,  till  it  be  reversed  ? 

C,  J.     Yes,  it  is  iwrainst  the  party  at- 

liut  if  that  attainder  was  fouuded  upon 

that  was  obtained  by  perjury,  God 

t  be  should  be  told  so  that  did  perjure 

,   Weill  tny  lord,  if  your  lordship  rules 

law,  then  I  will  ^  on  \  and  I  must 

'  ob««Tv«*  to  the  jury  m  the  opening"  the 

^'-  igs.     tirstj  That  the  indict- 

i%xi  I  [rclaiid  was  tried,  was  found 

ot  Utcember  1678»  and  on  the  17th 

nber,  the  next  day,  Ireland  was  tried 

lid  Ba&ley ;  and  then  T  tind  this  indict* 

broiiglit  against  me  for  perjury »  is  foutKl 

►Id- Bailey  six  years  after  the  fact,  by 

|<iQm mission*     Now,  1  submit  it  to  your 

fa  and  the  jury's  consideration,  why 

atmeiit  and  the  finding  of  this  bill  for 

'lias  been  so  loti^  delayed,  since  it  ap- 

^  tice,  tliat  the  witrtcbses  that 

K-\\  to  prove  the  perjury,  were 

.  of  the  five  Jesuits,  or  might 

red  then ;  and  though  they 

'-raons,  yet  they  uU  bear 

lit  was '  then  oJfe j  ed,  b ut 

Utcd  i  iuid   I  hope  when  my  evi^ 

J  they  will  have  the  same  repu- 

kin  jury  that  ihey  had  with  those 

lord,  [  HMKi  ucquaint  your  lord- 

'  ^    •       ''       r.dictment 

.ed,  Mr. 
t  rgopart 
»y  of  the 
'  ag;«iust 
[t!  .against 

I^theu  upon  nu  intntfuc*  as  your 

''  rruir*mtjcr)  my  lord  chid* justice 

'  ft  of  the  court, 

iiitchrcad  and 


Mr.  Fen  wick,  and  remanded  tfiero  U>  prison«J 
which  Mr.  Whitebread  six  months  afler  did  re^J 
mark  to  the  court,  and  urafetl  it  as  a  plea  f»it  I 
himself  to  he  discharged;  nut  that  being  ovep»| 
ruled  by  the  courts  be  was  trie<l.  Now,  bAi 
had  six  months  time  to  provide  himself  witdi 
new  fresh  evidence  to  asjHJi'Sfc  me>  and  to  eo-*! 
deavour  to  falsify  that  testimony  I  gave  tul 
against  Wiitebread  and  Fen  wick,  when  Ire- 
laud  wa«  tried,  and  ho  he  knew  wl^  '♦  '»  ^»  '^i 
I  must  further  observe  to  you,  m\  <l  [ 

geotltnuen  of  ilie  jurvi  Tliat  my  im  yJ 

hard,  that  siuce  the  substance  df  vay  testimonW 
was  with  credit  reccivedi  and  the  jury  upon 
convicting  them  wert^  acquainted |  **  That  iheV' 
hod  found  an  unexceptionable  verdict  %  that  all 
the  objections  against  the  evidence  were  then 
fully  answered ;  that  there  was  nothing  that 
the^  prisoners  had  been  wantirjg  iu  to  objeetn  J 
wbicn  coulil  be  objected;  and  ihai  the  thiii^l 
was  as  clear  as  the  sun.'*  And  vet  afiej'  siS| 
years  time,  1  must  come  to  be  cafleil  to  an 
count  for  perjury  in  my  testimony  of  that  part 
of  the  Popish  Plot,  with  which  tlie  king  and 
kingdom,  four  successive  uiirliuments,  all  thd 
judges  of  the  land,  and  three  juries,  were  an 
well  satisfied.  1  shall  therefore  offer  to  your 
lordship  and  the  jury's  consideration  the  una- 
nimous V'otcs  of  thrive  Houses  of  Cooimons;  I 
shall  offer  the  Proceedings  of  the  Hotuie  of 
Lords,  that  is  the  highest  judicature  in  the 
kingdom;  I  shall  prove  what  I  have  opened 
by  the  testimony  of  several  noblemeu  that  are 
here,  who  will  testify  this  for  me.  3Iy  lord,  I 
shall  prove,  that  several  attempts  haie  been 
made  to  baiDe  this  testimony,  ai  thnt  of  the 
murder  of  sir  Edroundbury  Godfrey,  who  took 
my  depositions,  the  contrivance  of  f^aine.  Fans- 
well,  and  ThonifRion,  maile  in  the  year  1681 
or  1682,  1  forget  which  \  I  shall  then  product 
Evidence  that  I  was  actually  here  in  town  at 
the  time  in  question  ;  and  then  upon  the  wholo 
I  shall  submit  it  to  your  hird^hip  and  the  jury« 
But  to  prepare  your  lordship  and  (he  jury  the 
better  for  my  evidence,  I  would  again  urce  thfi 
strangeness  of  this  prosecution,  ami  the  bard-* 
ship  that  is  put  upon  me,  to  be  tried  for  per- 
jury in  an  evidence  given  six  year*  ago,  and 
formerly  very  industriously,  though  not  suc- 
cessfully, endeavoured  to  be  tiilsitied  by  six- 
teen ISt.  Omers  youths,  that  were  produced 
and  examined  before  all  the  judges  in  the  king« 
dom,  and  that  not  only  once  at  Whitebrcad'a 
trial,  but  a  second  time  at  Langhoni*t  tnaj  \ 
in  neither  of  which  would  tbe  jury  believe 
them,  because  of  their  religion  anda  ducatton, 
and  ihe  pcrsous  und«r  whom  they  were  edu* 
CiiteJ,  who  wi*i  e  men  of  known  ariilice.  Th 
niy  lordt  1  would  argue  1hu^  .  if  ut  that  tim^r 
my  evidence  were  true»  it  must  be  tme  stilli 
for  truth  is  always  the  same  \  ai|d  if  it  were 
then  true,  and  1  can  prove  it  to  Ik?  tr\*e,  it  will 
be  thought  a  hard  thing  without  all  doubt ^ 
that  thifei  should  be  put  upon  me.  I'tu  n^  my 
lord,  I  would  fain  know  from  my  ^^(yi<L^\^sx^% 
why  thia  indkltae;^!  q^  ^vy»'^  W%  V»*i<vv  ^t 
ferred  so  long  X  W\\\  v\\<^^t  v»\VvvH^'a«^  nXv4\  " 
41> 


du*_^J 
eatafl 


I 


STATE  TELILS,  I  James  IL  l685.— TVinf  ^77f«w  Ooia,        [UW 

DOW  to  testify  Ibts  matter,  and  could  tiien  liave  '  the  atlemiit  by  the  8t*  Oiner»  wilaemstokift 
t>«efi  broueht,  did  oot  come  before,  to  justify  ovenbrown  my  cridrtic**  -  J»it  5»nc*»  t  ]im  st' 
At  thetriaJs  of  these  persoos  what  thty  noir    tacke«l  agjiui  iti  the  ^aai*  Iroot 

•ay,  which  might  liave  saved  their  hves,  if   of  the  |H»pish  imertrst^  ain  •  «4  ui| 

true,  and  "had  it  l>een  credited.  TheD  I  shall  |  popish  adversaries,  I  luu  ooatentcci  tostaotdtM 
«ffer  to  your  lordship  what  I  desire  you  aud 
the  jury  would  pleai>e  to  observe,  that  iboug-h 
tbe  kiug's  coim&i'l  are  iiuw  against  nie^  yet 
they  are  »l^  a^inst  themselves,  fur  they  were 
of  coiingei  for  the  kiu^  in  those  cases;  parti- 
cularly Mr.  Solicitor  at  l^njnrhorn^s  Trial,  sir 
llobeft  Hawy er  at  sir  f  ieorge  \V akeman's  Trial ; 
thev  wer«  of  counsel  before  for  the  truth  of  my 
testirootiy  ;  tliey  are  now  a^nst  it,  1  only 
meoUoii  that,  and  pass  it  over.  But  this  is  not 
the  first  attempt  that  has  been  made  to  dis- 
credit the  testimony  of  the  Popish  Plot,  as  I 
fold  you  before.  Now,  can  it  be  supposed  that 
the  lore  and  desire  of  public  ju!»ticc  can  be  the 
cause  of  this  attempt  to  falsify  loy  evidence 
aAer  to  many  trials,  iu  which  it  has  been  ctg- 
dited  and  confirmed  ?  Can  any  thing,  my  lord, 
more  plainly  tend  to  destroy  and  sidivert  the 
methods  of  justice,  to  frigtten  all  witnesses 
from  heiKeforth  from  ever  iippeariiig  to  dis- 
covet*  any  conspiracies?  And  does  it  not  tend 
to  expose  and  vilify  tlie  known  undcrstandijug^ 
and  justice  of  the  late  king  of  ever-blessed 
memory,  to  arraign  iho  wisdom  of  his  privy- 
council,  hii  great  and  noble  [^eps,  his  loyal 
Commons  in  three  successive  ijarliaraents,  his 
twelve  judges,  and  all  thi>se  several  juries  that 
were  upon  those  trials  ?  Had  nut  those  juries 
sense?  Had  they  nothotiesty?  Had  thfv  no 
eooacieiices  f  And  the  judges  before  whom 
thosi?  conspirators  were  trie^l,  were  ihey  men 
of  no  justice,  nor  honour,  dot  integrity,  nor 
conscience,  nor  understanding?  Shall  those 
juries  be  said  to  have  drawn  the  innocent  hlo<»d 
of  these  men  upon  their  own  heads  and  the 
nation?  as,  if  I  were  peijure^l,  it  must  be  in- 
nocent blood  that  was  t^bvd  upon  it. 

X.  C  J*  No,  no,  thai  goes  a  p-eat  deal  too 
far,  Mr.  Gates :  the  jury  have  no  phare,  nor 
the  judgfC's  neither,  in  that  blood  which  was 
abed  by  your  oath. 

Just.  \Vithevt,  No,  that  is  your  own  most 
certainly,  and  not  theirs. 

iJutti.  But  this,  1  say,  makes  it  most  plalD : 
the  evidance  was  then  true^  and  I  hope  I  shall 
make  it  as  evidently  plain,  it  is  as  ti  ue  now ; 
and  I  do  not  question,  but  upon  the  evidence  1 
ahall  now  mve,  both  jiositivcand  collateral,  the 
jury  will  believe  toe,  and  aei|uit  me  of  this  foul 
accusation.  Pray,  my  lord,  bepleaseil  to  con- 
sider, that  when  the  jury  hruuj^bt  in  Ireland 
guilty  of  tbe  high  treason,  of  v^hicli  he  was  ac- 
cused, and  convicted  him,  Pickerinj^,  and 
Grove ;  says  uiy  lord  chi<?f  justice  Scrogfgs. 
(that  thenVftS)'to  tbeiu  :  *' Gen  tie  men,  you 
fiave  done  like  very  g'ood  sulyects,  aud  w»rv 
good  Christians,  Ujat  is,  like  very  good  Pro- 
te&lants;  and  now  much  good  may  do  theit* 
with  Uieir  thirty  thousand  masses;'^  as  f  <yhnll 
prove  he  did  say.  Then  1  insist,  in  the  second 
place,  that  Whitebread*s  conviction  does  re- 
uiforce  tho  courictioa  of  lrelaod»  because  of 


test  with  all  my  heart.  And  thim^  to  \ 
all,  I  shtdl  shew  the  court,  tbmt  it  is  to  vaia  fat 
the  popish  [tarty  to  ex(»ecl  ai»d  thiali  to  wipi 
their  mouths,  with  Soluinoo^s  «vbore^  and  wf, 
*■  they  have  done  no  wickettnesi.*  No,  1  qiio- 
tiou  not  but  thousands  of  Protestants  in  ii« 
kingdom  are  fully  i^atistied  %ud  c^ifiTiocEd if 
the  truth  of  the  popish  plot,  all  and  every  ^ 
of  it.  Now,  my  lord,  it'  you  please  to  gin  m 
leave  to  proceed  on  in  niy  evidence,  1  tJiallfaff 
that  these  records  of  cuuviciicm  may  b«  rJi 
which  are  my  tirst  proof  of  tlic  conf  -*^ 
1  shall  then  bring  witoesses  r#r4  jxKt^ 
make  it  ap^iear,  that  what  I  did  svrear 
trials  was  true. 

L,  C.  J.    Not  to  interrupt  ^«m  in  ym\ 
fence,  or  the  method  you  will  take  for  t, 
would  put  you  upon  that  which  in  pro{Kr 
you  to  apply  yourself  to^  because  the  qi 
now  is  not,  whether  there  was  a  ooosuU  ( 
gre^liou  of  tlie  Jesuits  here  upon  the  ^Hh 
April   1678?    but  the  question  that 
you  is,  \vh ether  you  were  prej^ent  cU 
consult  here  iu  I>ondon  the  24th  of  Apiil 
These  gentleroeo,  scmie  of  then^,  do  aa' 
was  a  consult,  anil  others  that  %\%py 
it,  and  believe  there  was  such  a  one, 
it  was  usual  to  have  a  trieonial  coii[ 
for  some  particular  purposes :   but  the 
is,  whedier  you  have  sufficient  proof' 
yourself  to  l>e  here  on  the  9ith  of  Ap) 
at  which  time  it  is  agreed  oit  nil  boodi 
was  a  conault  ? 

Oatcs.  But  will  ynur  lordship  be  pi 
take  notice  of  the  drift  of  the  evidcTii 
I  hey  arc  consistent  one  with  another? 
gentlemen  that  have  now  been  sworn 
that  I  was  n^t  at  this  consult,  do 
prove  that  f  ivas  at  St.  Omers :  now,  to 
thi^,  I  shall  not  go  about  to  prove  that 
not  then  at  St.  Omcrs,  but  that  I  iras  actmllf 
then,  and  about  that  time,  Itere  in  Lowka; 
and  tlten  all  that  proof  that  Mr,  Attorney  0^ 
ncral  has  brought,  must  be  laid  aside, 

X.  C.  J.   You  say  w€»ll ;  prove  that. 

Oalts,  Now,  my  lord,  to  introduce  and  f» 
pare  the  jury  ibr  this,  it  wdl  be  peeewaiT,  1 
humld^  conceive,  to  read  the  Records  nr  oi 
conviction  of  Whitebread  and  Ireland* 

X.  C,  X  Well,  go  your  own  way ;  we  in 
not  to  direct  you ;  I  only  Idl  jrou  wliere  tlic 
qua^tion  hes. 

0<it€^,  Sir  Samuel  Astrey,  prav  be  plca«l 
to  read  tl^-m  in  £nglish>  thai  the  jury  nar 
understand  them.  First  read  Ireland^  reeori 
[Which  was  done,] 

Quia,  NowreaifW'hitebread^areooid:  rea' 
but  the  attainder,  I  will  not  trooble  the  opist 
with  the  whole  record. 

CLofCr,  "Thomas  White,  altaa  Wkili- 
bread,  William  Harcourt  alias  Harrisoih  Jofca 
FeQTvick,  JoliaOavcBi  ftad  Anibony  Tmrn^ 


iibi.:        i^  m  I 


11] 


STATE  TRIALS,  l  James  II.  1585.— /or  Ptrjury. 


[1142 


foimd  guilty  of  blgb- treason,  and  at* 
tiled,  and  execution  awarded  njjaitist  them 
m  that  attaifider.^' 

iatct.  Does  not  the  record  say,  the  jurors 

'  upflii  their  oaths  they  are  guilty  ? 

L.  C.  J.  Ves^  t  MiU  wjjrrant  yoii. 

^l.  of'ih''  Cr.  It  is  '  dicunt  su|icr  sacramcn- 

Hcn  sun  Ml  J 

iOatcs.  Verv  Uell.  Hiese,  my  lord,  I  do  nro- 

!  as  my  first  eviderjoe,  to  prove  that  there 

traitorous  consult  held  upon  the  24lh  of 

ril  1(578,  at  the  VVhite-Hnrse  tavern,  tu  the 

and,  it  having'  been   belie  veil  and  athi'Lued 

TO  verdicta.     Now  give  me  leave  to  otler 

[lis  to  the  court,   that  at  the  trial  of  Mr. 

and  f-  guve  so  full  and  ample   a  testimony 

'  ist  Whitehread  and  Femriek,  aecom|ianieil 

all  tlie  cirenmstances   of  time  and  pjace, 

kt  my  lord  efiief  jiistiet^  Scrog^fs  said,  *  Tlie 

'deuce  mi^ht  be  sufficient  to  have  satialied 

'jvate  conscience,  though  it  was  not  a  legal 

iif  then  to  convict  them,  there  being*  hut  one 

essaffaio&t  them  :'  and  for  this  I  call  Mr. 

ert  Blayney. 

ates.  Pray  swear  Mn  Blayney.    £  Which 
done,] 
*X  C  J*  What  do  you  aslc  Mr,  Blayney  ? 
Oatn.  Mr*  Blavney,  have  you  your  notes 
'  IreJaud's  trial  here  ? 
aifnty.  Yes,  Sir,  !  have. 
ttiet.  Pray  will  you  look  into  what  my  lord 
f  Justice  Serog-gi  said  \^  hen  he  disci larged 
fe  jury  of  Whitehread  and  Fenwick. 
"Hlayney,    Whereabouts    js    it,   Sir,  in  the 
Dt^  trial  ?— Of//f5,  It  is  pa^e  53, 
"^  ^a^ney.  1  have  found  the  place,  what  is  it 
I  won  Id  ask  me  ahuul  it? 
^ates.  Whether  my  lord  chief  justice  Scrogjrs 
I  not  use  tliese  words  to  the  jury  ?  *  I   do 
JtnowleiJ^e  that  IVIr.  Gates  has  ^^jven  a  very 
aud  aiuple  testimony,    accompanied    with 
\  the  circumstances  of  time  and  place,  against 
L  all ;  that  may  j^o  far  with  you,  all  things 
Rdered,  to  beheve  there  is  a  ptot :  yet  1  do 
I  think  I  hey  have  proved  it  against  While- 
1  ami  Fen  wick  by  two  witnesses  ;  though 
\  testimony  he  so  full  as  to  satisfy  a  private 
icience,  yet  we  mnst  go  accordmg  to  law 
It  will  he  convenient  from  what  is*  al- 
dy  pro^cii,   to   have  them   stay  till  more 
of  come  in  ;  jt  is  a  great  evidence   that  is 
Linst  them,  hut   it  not  being  sufficient  in 
\  of  law,  we  discharge  you  of  Ihem,     It  is 
a  legal  proof  to  convict  them   by,   what- 
'  it  may  be  to  satisfy  your  consciences.' 
Biai/ney.  I  have  hmked  ujion  my  notes,  and 
I  cannot  tind  exactly  those  ^*ords. 

£.  C.  J.   He  says  he  cannot  find  that  pas- 
cagpe  as  it  is  there* 

Blaynry.  There  is  something  to  that  pur- 
pose, my  lord-  ^ 

Oaieg.  Pray,  Sir,  will  you  look  into  your 
^Btes  in  the  very  same  place,  what  my  lord 
^bef  harou  saiil  :  "  You  must^  (speakmg  to 
VK  jailor)  *  understand  they  are  no  way  ac- 
aiiltted  T  the  evidence  is  so  full  against  them 
testimony,  that  there  is  do 


reason  to  acquit  them  ;  it  is  as  flat  as  by  one 
witness  can  be.* 

Bfaynfy.  There  is  such  a  passage,  I  find,  in 

my  note«. 
*L.  C.  J.  lie  says  there  is  such  a  passai^. 

(Mtrs,  Then  T  desire  Mr.  Blajtiey  would 
look  into  his  notes,  what  my  lord  chief  justioe 
Scroftx*'  ****1  'T^  !>'*  summing"  up  llie  cvideuci* 
against  Ireland.  He  mentions  tlie  evidence  of 
sir  Dennis  Ashburnham,  who  was  prmhiced  to 
discredit  me,  and  then  he  adds,  *■  When  the 
matter  is  so  accompanied  With  so  many  other 
eireumstances  which  are  material  things^  and 
cannot  be  evaded  or  deny ed,  it  is  almost  Jm* 
possible  for  any  man  either  to  make  such  m 
story,  or  not  to  believe  it  when  it  is  told/  It  is 
Ireland*^  trial,  pageTS. 

Bifij/ney.  My  lord,  I  do  fmd  such  a  paisfig^ 
in  my  notes. 

L.  C,  J.  lie  says  tli^re  is  such  a  passage  ia 
bis  notes. 

Gates.  I'heo  I  wouhl  ask  Mr.  Blaney  ano* 
ther  question  :  At  the  brinjring  in  the  verdict 
of  the  jury  iigainsit  Ireland,  Pickering,  and 
Grove,  my  lord  chief  justice  8croiyg^  (that 
then  was)  had  this  expression  :  *  You  have 
done,  genilemen,  like  very  gowl  subjects,  and 
very  good  Christians,  that  is  to  say  like  very 
good  Proiestiints  ;  and  noiv  much  good  may 
their  30,000  masses  do  them  t* 

Biatfticif.  Yes,  my  lord,  there  is  in  my  notes 
luch  an  expression  of  my  lord  cliief  justice 
fikroggs. 

OtUct.  Pray  you,  Mr.  Blayney,  have  you 
W  hitebrcad*s  trial  ?  the  Trial  of  the  five  Jesuits, 
I  mean. 

Biuynci/.  IMy  lord,  wlien  I  received  a  sub- 
poena from  Mr.  Gates  to  be  here  this  day,  and 
to  bring  my  notes  of  Ireland,  Whitehread,  and 
Langhorn's  Trials,  I  did  (as  I  did  before  upon 
another  occasion)  make  a  scardi  for  all  my 
notes,  but  could  not  find  any  but  those  of  the 
Trial  of  Ireland  and  Laughorii,  and  those  I 
have  brought  here,  but  have  not  Wbitehread'a. 

L,  C  X  lie  says  he  has  not  the  notes  of 
Whitebiead's  trinl  ;  he  cannot  find  them* 

Onfes.  Then  1  must  desire,  my  lord,  that 
the  printed  trials  may  be  read. 

X.  C,  X  No,  they  are  no  evidence  :  if  you 
can  prove  what  was  said  at  any  of  them,  you 
taav  hy  witnesses,  but  not  by  the  printed  books. 

Oaics.  Then  will  your  lonlahip  be  pleased  to 
give  me  leave  to  mention  wliat  was  said  by 

Jrour  lordship  at  that  time<  when  you  were 
lecordtr  of  London,  about  your  satisfaction 
wilh  the  evidence. 

L.  C\  J-  Ay^  with  all  my  heart ;  and  wliat* 
ever  I  said,  1  will  own,  if  1  can  remember  it 

Gates,  Wdl  your  lordship  he  pleastid  to  be 
s  wo  ril  then  ? 

X.  C.  X  No,  there  will  be  no  need  for  that  ; 
1  will  acknowledge  any  thing  1  said  then  * 

Oatis.  Then,  if  your  lordship  pleases^  I  will 
read  those  passages  oat  of  the  books. 


1143J         STATETRIALS,  1  JamesIL  l6S5.—7Hal of  Tdm iMm,         [ 


X.  C.  J.  Ay,  do  80. 

Gates.  Says  Mr.  Recorder  of  London,  (in 
particular  to  that  part  of  the  prisoners  defence, 
•t  the  triflA  of  the  Fire  Jesuits,  and  the  full 
fcope  {^ven  them  of  making  objections  to  the 
eridence)  when  he  gave  jadgment  of  death 
upon  these  ftre  jesuito  and  I^nchom  (for  I 
now  speak  of  your  lordship  in  the  third  person,) 
*  Your  several  crimes  have  been  provetl  against 
you ;  you  have  lieen  fully  heard,  and  stand 
convicted  of  those  crimes  yon  have  been  in- 
dicted for.'* 

X.  C.  J.  I  believe  I  might  say  something 
to  the  same  purirase  as  you  have  read  now. 

Oates.  I  thank  your  lordship  for  that  ac- 
knowledgment. 

IL  C.  J.  Ay,  I  will  own  any  thing  1  did  say. 

Ostet.  My  lord,  I  have  one  passage  more 
to  urge,  and  that  was,  my  lord,  after  the 
Jesuits  had  been  convicte<f,  when  the  jury 
broiurht  in  theur  verdict,  and  found  White- 
bread,  Fenwick,  Harcourt,  Gaven,  and  Tomer 
Silty,  your  lordship,  applying  yourself  to 
nury,  said  thus  to  them  :  «  Gentlemen,  you 
of  the  jurjf,  there  has  been  a  long  evidence 
given  a^punst  the  prisoners  at  tlie  bar ;  they 
were  all  indicted,  arraigned,  and  tried  for  high 
treaaon,  depending  u|)0n  sevml  circumstances : 
they  can  noneoftliem  say  the  court  refused  to 
hear  any  thing  they  could  say  for  themselves  ; 
but  upon  a  long  evidence,  and  a  patient  hear- 
ingf  or  the  defence  they  made,  they  are  found 
gnilty  ;  and  for  any  thiny  appears  to  us,  it  is 
a  just  verdict  you  have  given.*f 

L.  C.Jn  I  Mlieve  I  nii^ht  say  something  to 
that  purpose  too  at  that  time  ;  and  no  doubt 
the  jury  did  (as  the  case  then  stood)  find  an 
unexceptionable  vt:i*dict. 

Data.  Tncre  is  another  place,  my  lord,  that 
I  would  iustance  in,  for  your  lordship's  opi- 
nion of  the  evidence  of  the  Popish  Plot,  and 
that  is  tills ;  now,  my  lord,  I  bnng  your  lord- 
ship as  you  were  of  counsel  for  the  kuig  at  Mr. 
Colledge*s  Trial  at  Oxford,  the  17th  of  August 
1681.  There  you,  my  now  Lord  Chief  Jus- 
tice, directing  yourself  to  the  jury,  had  this 
txiiressien  ;  •  We  come  not  here  to  trip  up  the 
heels  of  the  Popish  Plot,  by  saying  that  any 
of  them  wlio  suffored  for  it  Jid  die  contrary  to 
Jaw ;  for  if  3Ir.  Dujjdale  was  not  a  person  fit 
to  be  believed,  or  if  the  n?st  of  the  judges 
who  tried  Gaven  were  out  in  the  law,  tlien  that 
man  died  wroii"ffulIy  ;  for  he  had  as  mucli 
right  to  he  tried  according  to  law  as  any  other 
person  whatsoever. *t  This  was  your  lord- 
ship^s  o|Miiion  of  the  matter  then,  and  your 
lonlship,  as  cminsil  for  tlie  kiii'-T,  did  tlierc 
deliver  the  law  as  well  as  fact  to  the  jury.  If 
then  they  went  against  law,  that  would  go  to 
trip  up  toe  heels  of  the  Popish  Plot- 
Just.  Withins.  >\  e  arc  got  into  an  endless 
wood  of  sayings  of  2)eoplc,  I  know  not  where 
and  when';  ^od  w  hen  all  is  done,  it  is  to  no 
purpose. 

♦  See  vol,  7,  p.  488,     f  Sec  vol  7,  p,  418, 
t  JSee  vol.  8,  p,  70*. 


Oates,  My  lord,  it  is  a  part,  and  a  grei 
of  my  defence,  to  shew  what  credit  hai 
given  to  the  evidence  of  the  Popish  PkH. 

L.  C.  J.  Ay,  but  what  counsel  says 
bar,  or  what  judges  say  in  the  court  ol 
opinion,  is  no  evidence  of  a  fact,  of  whi 
jury  are  judges  only. 

(htes.  My  lord,  every  judge  is  up 
oath,  and  delivers  his  judgment  acconl 
his  oath. 

X.  C.  J.  Not  as  to  the  fiMSt,  hot  only  in 
of  law,  so  as  to  tell  the  jury  what  the  la^ 
the  fact  be  so  and  so. 

Oatex.  My  lord,  it  goes  a  great  way  wi 
jury  to  have  the  judge*s  opinion. 

Zr.  C.  /.  Mr.  OiSes,  oeceive  not  yoi 
all  this  you  have  insisted  on  hitherto,  I 
been  to  the  purpose,  nor  is  any  sort< 
dence  in  this  case ;  and  therefore  do  i 
away  with  an  opinion  of  this  as  evidei 
judge's  opinion  is  of  value  in  points  of  hi 
arise  upon  facts  foimd  by  juries,  but 
evidence  of  the  fact:  for  judj^  onlyt 
sume  the  fact  to  be  true,  as  it  is  found  I 
jury;  and  therefore  say  they,  out  of  thi 
so  found,  the  point  of  law  arising  is  tl 
thus.  Then  in  case,  afler  a  jury  has  g 
verdict  of  the  fact,  a  juilge's  opinion  ofti 
(which  ma^  be  perhaps  contrary  to  the  v 
should  be  an  evidence  as  to  that  fac 
would  be  to  overthrow  and  nullify  the 
verdict :  no,  that  is  not  the  jud^^'s  pn 
Surely  3'ou  would  not  have  a  judge's 
opinion,  that  twelve  men  have  found  a 
against  the  fact,  to  be  an  evidence 
that  fact ;  no ;  but  admit  the  fact 
so  or  so«  then  the  person  convicted 
fact  ought  tojsufTer  so  or  so.  And  ' 
same  reason  as  this,  a  jury  of  honrst ; 
men  here,  when  I  tell  them  here  is  1 
fact  cither  to  convict  you,  (»r  to  acm 
upon  this  indictment,  arc  nut  bound 
by  what  I  say  in  point  of  fact,  but  they 
go  according  to  their  own  oatlis,  and  ac€ 
to  the  evidence  and  testimony  of  the  witi 
it  is  not  my  opinion  that  is  to  w  cigh  at  a 
them,  whe'ther  you  are  guilty  of  this  p 
or  are  innocent,  but  the  evidence  that  u 
here  in  court.  Therefore,  what  my  l^n 
Justice  Scroggs  said  at  any  of  those  tr 
what  I  said,  or  any  other  person,  that  eiti 
of  counsel,  or  ajudgeontlie  bench,  e 
our  opinions  is  but  our  opinions  on  the  fa 
occurred  to  our  present  apprefaeasionti. 
no  evidence  nor  binding  to  this  jury, 
tell  you,  there  is  uo  doubt,  but.^iat  thosi 
did  eiery  one  of  them  believe  theeviden 
gave,  or  they  would  not  have  convict 
prisoners.  l>o  you  think  tliey  would 
found  a  verdict  against  their  own  belief,  i 
ing  upon  their  oaths  to  make  true  deliv 
between  the  king  and  the  prisoners,  ha' 
jured  themselves  to  hang  others?  ]f  th 
so  done,  they  had  committed  wiltul  n 
and  the  worst  of  murders  too,  being  un 
lour  of  the  process  of  law;  but  yet  all 
uo  «^*v\ftitf^«   \  ^wDt  dilcoiumeid  j 


V 


STATE  TRIALS,  1  James  H.  i6»Si-ffr  Pajuty. 


[1140 


||C98  things,  m  inlrodiictive  mwA 
irimt  evidetice  jqu  baveto  otier; 
^vifdeoce  one  way  or  olher, 
liow  WBoy  times  have  wc  causes 
Htrnter-hall^  wbereio  we  have 
t  vatlict  i*  ii[id  yet  do  iro|>utatioo 
Uie  juries^  which  nii^it  eive  difl^- 
\»  Ujtou  (lifleretit  gTounas.  There 
bfte  case  lately  of  roy  IniJy  Ives*  at 
re  all  tboug-ht  u}>od  Ibe  Ifirst  trJaJ, 
d  A»  good  a  title  to  the  land  as  could 
judges  and  the  counsel  went  away 
ifttijitied  with  the  jury 'a  venhct  tor 
rheii  the  cause  came  to  be  heard 
found  all  the  witnesses  to  prove  her 
Ipiilty  of  notorious  perjury,  and  the 
•Uit  which  did  beUeve  before  that  she 
right»  and  the  jury  imd  done  ivpH, 
'  beard  the  second  trial*  did  l<* 
oa  in  the  wron^f,  aod  accordir  ^^y 

jury  fount!  it  m ;    and  we  Wln^ve 
erdict  tu  Ua  g^ood,  without  aoy  r«^- 

the  credit  of  the  first  jury  J   be- 
sttdeoca  waa  as  itrong  on  her  shle 

waa  aflfrwards  against  her.     In 

I  we  give  our  oplmons  always  ac- 

tpreaent  testiinouy  that  ia  be* 
,  my  lord,  I  offer  this  to  your 
EMI  tiiat  those  men  that  weit;  tbuji 
UP  »*;*K  I,,  >jj  treastin,  were  priests 
11,  and  particularly  Mr. 
D*,^  i,t„;  i  am  said  to  have  corn- 
jury  ;  and  you  shall  finil  him  to 
Hbet's  pn»ved  a  priest  aud  a  Jesuit 
engaged  in  a  desig-n  against  the 
iTl  tJjen  do  prove,  that  Ire- 
Bgetl   in  a   design  against    the 
^,  and  was  a  priest  and  a  Jesuit, 
&w^  whether  ibis  be  not  a  col  late - 
►  render  me  of  credit  sutHcient 
r  lettioiODy  ? 

*  tK>  toeans  upon  this  indictment. 

jly  give  some  credit  to  your  tes- 

h<  not  of  itself  aofficient  i  nay, 

I  way  further  than  that ;  I  wdl 

II  tbere  was  a  consult  of  the  Jesuits 
kthof  April  1678,  at  the  White- Horse 
le  8tnuid,  where  tliose  you  sa)  were 
fcj^  fU  tir^cAnt;  Ireland  and  While- 

1  Grove  and  Fenwick, 

they  did  there  come  to  a 
/  the  late  king^ :  suppose  all 
bd  yet  you  all  this  tmie  are 
ftbe  tact  imputed  to  you,  beoatise 
tly,  ♦  That  you  were  there  at 
loo/  which  you  were  not,  if 
•WMT  tryc,  for  then  you  were  at  8t. 
thai  time  3  and  therefore  give  us 
^f  testimooy  to  satisfy  ns  that  you 

Pm  you  will  set  all  ri^bt  again. 
vnests  did  plot,  that  is  no* 
S  evidence  true,  tf  you  swore 
did  not  know  of  your  own 


r  fif  Ili0^fie9«al  Vofnnie. 


Ou(€i.  Shall  it  be  allowed  then,  tkat  Ireland 
was  a  Jesuit  and  a  l'api<it  T 

U  C.J.  If  it  should,  that  will  be  to  rcnf' 
little  purpose  for)' our  turn* 

Oatei.  There  ib'  the  etidencc  of  record  for  ^ 
it,  my  lord  ;  but  If  that  be  not  satltcieut,  I  csi» 
l»H  witnesses  to  prove  it.      Pray,  call   Mr, 
Miles  Prance,      [wbicb  was  done,  but  he  diet 
not  appear.] 

Crt/cT\  He  is  not  here.  i, 

Oatet.  He  was  subpcenaed,  my  Iord,tocom#n 
hither. 

L.  C.  J.  i  cannot  help  h,  if  he  will  not  comei  v 
but  J  ^ill  tell  yon,  for  method's  sake,  not  to  < 
prescribe   to  you,  but  to  tell  you  what  1  tUtuJe 
may  be   more  for  your  adiantn-^e  than  any  or] 
ilie*<e  inferences  that  you  are  oiakin'j.     If  you* 
did   axil  two  or  three  witnesses  to  prove  thatr- 
you  were  in  town  the  92d.  23d,  or  24th  of  April,.  J 
it  woutrl  h"  the  best  defence  you  can  make,  aod^ 
'^  die  best  aoawerto  all  that  is  ob** 

J'  ist  you.    '^ 

Ontrji,  I  will  do  tbat^  my  lord,  tbeOf  astdi 
follow  your  directiyiis,  M 

I^  C.  J.  l>o  so,  that  is  the  best  way. 
^    Oat  a.  Cryer,  call  Cecilia  31uyo* 

Cryer*  Here  she  is. 

Oatet.  8w<^r  her.        [Which  was  done.J  . 

L,  C. /.  Well,  what  do  you  auk  this  witneia  f 

Ocitet.  Pray,  Mrs.  Mayo,  give  my  lord  a 
the  jury  an  account,  whether  you  did  sec  i 
iu  i^ndon  the  latter  part  of  April  or  the  be-^ 
ginning-  of  May  1676  ?    for  that  is  the  qucstioa*^ 
now  before  the  court. 

L.  C.  X  Ay,  what  say  ytiu  ?  When  did  yoi 
seft  him  in  1678  ? 

Mi-s.  Mfiyo.    My  lord  I  saw  him  the  latte_ 
end  of  ApriT;  He  came  to  sir  Richard  Barker'a 
house,  where  J  did  then  live^  aud  alterwards  he^ 
caiwe  ag^ain  thither  within  a  few  days.      By 
this  fircumstance  I  remember  it ;    sir  Richard '^^ 
Barker,  my  master,  was  sick  all  the  month  of  j 
April,  and  in  the  country,  only  he  came  now 
aud  then  home   for  a  httlc  while  aud  went 
aifain  :  Now  Mr,  Oates  came  there  w  heu  he  i 
was  absent,  and  a  young  man  that  lived  in  the 
hou»e  came  to  me,  and  told  me,  that  there  was 
Due  Mr.  Oates  in  the  strausfc^t   di^uii^e  that 
ever  was.       Says  he,  I  think  he  is  turned 
Quaker.     No,  said  I,  he  is  no  Quaker,  fortbcy  , 
wear  no  perriwigs,  and  1  rebuked  the  young^ 
man  for  saying  so.     As  for  Mr.  Oates,  1  never  ^ 
saw  bis  face  before  that  time^  that  I  know  of. 

L.  C,  X  How  do  yott  know  that  to  be  MtJ 
Oates  then  P 

Mre.  M(ti^o.  The  family  knew  him,  and  thcjf 
told  me  it  was  be :  That  is  the  geotlemaii 
tberc^.  1  speak  now  nothing  but  that  which^ 
I  tc«»tified  «icf  en  yeai^^  ago,  and  it  ia  aH  truth;^'' 
and  nothing  but  the  truth. 

X.  C.  J.  Ay,  no  doubt  of  it  j  tltou  aweireal^ 
nothing  but  tiie  truth. 

Mrs.    Muya.    My  lord,  be  canto  three 
four  days  alterwards  again  to  the  hooae,  an 
ibeo  tb«  young  man  came  to  me^  and  tialiriL\iift^^ 
that  pttraon  O&tea  wia  Vcmvt^  ^«iMi&^   vnA. 
thereupou  I  wA  U>  Wok  5;t)«A\Js*4\  "^Vj  ^ 


1147]  STATE  TRIALS,  1  jAMkS  II.  l685.-^7Via/  of  Jttui  Oatet,         [lU8 


thou  concern  thyself  with  him  ?  Can'st  not 
let  him  alone  ?  I  looked  upon  him,  and  I  saw 
him  at  that  time  :  And  when  he  came  that 
time,  he  went  to  sir  Richard's  lady's  sister, 
who  is  DOW  in  Wales,  and  coming  to  her,  said 
the,  Mr.  Gates,  I  hear  you  are  turned  Jesuit, 
and  we  can  hare  no  society  witli  you  now  : 
At  last  he  staid  to  dinner  with  them,  and  staid 
most  of  the  day  there.  Then  he  comes  the 
latter  end  of  I^lay ;  Whitsuntide  was  in  May 
thatjear,  and  Iimowhe  came  before  Whit- 
suntide by  this  token  ;  I  speak  of  the  second 
time  of  his  coming  :  Our  custom  in  the  house 
.  was  to  wash  and  scour  before  the  time,  and  I 
was  sending  for  a  woman  to  come  and  help  to 
wash  and  scour,  and  Aen  he  was  walking  in 
the  garden ;  and  the  younsf  man  came  and 
told  me  Oates  was  there  :  He  came  into  the 
pantry  to  me,  look,  said  he,  he  is  come  again, 
a&d  he  is  turned  Jesuit  by  his  disguise.  Why, 
Benjamin,  said  I,  what  hast  thou  to  do  with  the 
man  ?  Can'st  not  let  him  alone  P 

X.  C.  J.  What  was  the  name  of  that  young 
man  you  speak  of? 

Mrs.  Mayo,  Truly,  my  lord,  he  is  dead,  or 
be  would  have  testified  the  same  thing. 

X.  C.  J.  But  what  was  his  name  ? 

Mrs.  Mayo,  Bef\jamin ;  I  cannot  tell  his 
other  name. 

L.  C.  /.  Wen,  go  on. 

Mrs.  'Mayo,  8aid  I  to  him,  Why  dost  thou 
scorn  this  man  ?  Prithee  get  out  of  the  room, 
I  am  not  able  to  hear  it :  so  he  walked  the  space 
of  an  hour  in  the  earden. 

X.  C.  J.  Is  sir  Richard  Barker  liring  ? 

Mrs.  Mayo,  Yes,  my  lord,  he  is,  but  he  is 
not  well. 

X.  C.  J.  Was  he  at  home  when  Oates  was 
there  ? — Mrs.  Mayo.  No,  my  lord,  1  think  not. 

X.  C.  /.  Who  dined  with  him,  do  you  say, 
when  he  dined  there  ? 

Mrs.  Maun.  31y  lady's  sister. 

X.  C.  J.  What  IS  her  name  ? 

Mrs,  Mayo,  Madam  Thurrel. 

X.  C,  X  And  who  else? 

Mrs.  Mayo.  And  her  sons. 

L.C.J.  Where  arc  they  ? 

Mrs.  Mayo.  They  are  iJoth  dead. 

X.  C.  X  And  who  else  was  there  ? 

Mrs,  Mayo.  One  Dr.  Cocket. 

X.  C.  X  Where  is  he  ? 

Mrs.  Mayo,  fie  is  in  Wales  too,  ray  lord. 

L.C.J,  It  is  a  great  misfortune  to  ha^e  so 
many  dead  or  so  far  remote. 

Gates,  My  lord,  six  years  time  makes  a  great 
alteration  in  a  family. 

X.  C.  X  Was  there  any  body  else  there  ? 

Mrs.  Maifo,  There  were  two  of  the  daughters, 
and  they  could  all  come  and  testily  the  same 
thing. 

L.  C.  X  Where  are  they,  and  what  is  become 
of  them  ?  Why  are  they  not  here  ? 

Mrs.  Mayo.  They  are  living  in  Lincolnshire, 
my  lord,  I  think. 

X.  C.  J.  What  else  have  you  more  to  say  ? 

AU.  Gen.  Pray,  Mrs.  Mayo,  let  me  ask  you 
a  qutstioni  What  co1oiu*ed  cVothea  hAdVxeou 
wmmyow  saw  him  first  ? 


Mrs.  Mayo,  Fie  had  a  whitish  hat,  ind  co- 
loured clotlics. 

Sol.  Gen,  ^Vhat  time  of  the  day  was  it  jtm 
saw  him  ? — Mrs.  Mayo,  In  the  morning. 

X.  C,  X  Did  he  go  publicly  ? 

Mrs.  Mayo.  Yes,  he  went  publicly. 

50/.  Gen,  Did  he  come  often  to  the  hoote  ? 

Mrs.  Mayo.  He  was  there  frequently,  my 
lord. 

Sol,  Gen.  Then  it  seems  he  was  so  disgiiiiri 
that  he  could  walk  publicly  in  the  streets  of 
London  at  noon -day,  and  was  frequently  in  tki 
family  ? — Mrs.  Mayo,  Yes,  my  lord. 

X.  C.  X  Now  tdl  me  who  was  in  thefiunily? 

AU,  Gen.  Mrs.  Mayo, 

X.  C,  J.  Pray,  give  me  leave  to  ask  htftb^ 
question  :  Who  was  there  at  that  time  ? 

Mrs.  Mayo,  Sir  Richard  Barker's  Idfi 
sister.  Madam  Thurrel,  and  his  two  daa^hlBik 
and  two  of  his  kinsmen,  and  two  of  the  nr- 
vants,  one  is  here  a  witness  now. 

X.  C.  X  Who  is  that,  that  is  a  witness  dov? 

Mrs.  Mayo.  One  that  belongs  to  sir  RicM 
Barker,  and  the  other  is  now  dead,  and  tbM 
two  kinsmen  are  dead. 

X.  C.  X  What  is  become  of  the  two  daogh- 
ters,  say  you  ? 

Mrs.  Mayo.  They  are  in  Lincolnshire^  m 
I  take  it,  my  lord. 

X.  C  X  When  did  you  hear  from  them  ? 

Att.  Gen.  My  lord,  it  is  half  a  year  aes  al- 
most since  Mr.  Oates  had  notice  of  thb  TiisL 

X.  C.  J.  Where  is  sir  Richard  Barker  hn- 
self? 

Mrs.  Mayo,  I  was  with  sir  Richard  Baikff, 
and  he  purposed  to  have  come  hither;  blItb^ 
ing  acrazy  man,  and  antient,  it  seems  heoouU 
not,  and  desired  to  be  excused,  for  he  had  s  bil 
night,  and  was  not  well ;  Init  he  desired  tbsk 
the  court  should  know,  if  he  were  well,  k 
would  be  there. 

An.  Gen,  Were  you  sworn  at  a  fonner trill 
about  this  matter,  Mrs.  Mayo  ? 

J\Irs.  Mayo.  Yes,  Sir,  I  was. 

Att.  Gen.  Do  you  remember  what  jtm 
swore  then  ? — Mrs.  Mtiyo.  The  same  1  do  now- 

Att.  Gen.  Then  I  ask  you  this  questino, 
How  long  before  WhitMintide  was  it  that  ^-oo 
saw  Mr.  Oates  at  sir  Richard  Barker's  ? 

Mrs.  Mayo.  A  pretty  while  before,  twice. 

Oates.  Mrs.  Mayo,  1  Ml  put  you  a  fairqiin- 
tion.  Whether  or  no  it  miirht  not  lie  a  t'ortoigbt 
before  Whitsuntide,  you  think  ? 

Mrs.  Mayo.  The  fast  time  I  saw  you  was  s 
week  before  Whitsuntide. 

X.  C,  J.  How  can  you  tell    it  was  but  a 
week  ? 
I      Mrs.  Mayo.  It  was  but  a  week,  becaosetf 
I  that  time  I  had  sent  the  boy  for  the  uoinao  to 
j  scour  and  wash  there. 

X.  C,  X  Was  that  the  last  time  you  saw 
I  him? 

Mrs.  Mayo,  Yes ;  I  saw  him  several  timtf 
before,  and  it  was  all  before  Whitsuntide. 

X.  C.  X  How  lonj^  before  that,  was  the  M 
time  that  you  saw  him  ? 

>\ts.  Mu\|o.  Vie  Nvould  be  away  for  tbite  ff 


STATE  TRIALS,  l  JAttEsII.  lSi5.-for  Pcrfmy. 


CUM 


ial  how  kii»g  before  I  lie  [oMi  time, 

fW  lim«'  yiKi  sow  him  ? 
I^yti.  He  came  still  to  and  agaiiL 
tfWbrn  i%as  the  time  tlmt  ymi  saw 
^ftn?  tiie  week  htt'orc  Whitsuntide^ 
i  you  say,  w&s  the  lost  time  you 

favo,  I  am  tiiit  able  to  say  that* 

1  bid  yuu  Micve  »t  vtA»  within  the 

k^  ^vet'k  bi  (ore  :' 

Hi*  To  the  best  of  my  reincmbrance 

X    When  %Ta*  ti»e  first  time  you 

'rtV(»*  It  ^**as  in  thebtgioning  of  Miy. 
.  *You  said  at  first  it  wa«  at;  the  latter 

fo^.  ^^y*  niylord,  let  me  a  Little 

im  uniritiing  to  be  intstaken,  I  would 

Og^  htit  tlictriilh, 

'.  No,  I  would  not  haTe  thee ;  but  for 

:e»  let  us  have  the  truth  ;  that  is  that 

rr* 

Hw.  I  tay,  the  coach -man  saw  him 

rdl  at  1,  aud  he  can  tell  you  better 

\  But  I  ask  you  this  question  posi- 
ng it  in  May  or  April  ? 
§am»  To  thie  b^t  of  my  remembrance 
^■niming  of  May. 
^Vas'it  withiu  a  week  of  May  ? 
^o.  I  beliere  it  was,  I  cauoot  iell 
I  m  ilay . 

n,  Wh&  it  so,  or  not  f 
layf.  I  caoDOt  be  positiTe  to  a  day  ; 
SIX  years  time  sioce  1  was  fint  ec- 
)out  it. 

m*  But  you  can  remember  what  you 
u^iain'tyou? 

favo*  I  uedare  it,  1  speak  not  a  syl* 
I  win  aver  to  be  true,  before  the 

n.  Can  jou  swear  it  was  within  the 
»  days  oi  May  'f 

',  Vou  tee,  'Mr.  Solicitor,  she  says 
t. 

fH,  I>id  not  ycm  say  at  that  trial,  that 
lever  ttee  bis  face  till  a  week  before 
iile,  or  a  little  after  r* 
fotfo,  I  did  bwear  the  same  that  I  do 
le  beat  oi'  my  remembrauce,  and  that 
h, 

m.  But  did  not  you  swear  so  ? 
faf^t^,  I  never  huw   him  before  that 
'  to  sir  Uichard  Barker**,  and 

tliut  he  cnme^  1  saw  him  not 
~     ^i^icovere*!* 

iva^  that  alter  lie  had 
....  ,.„.....  ..  iuitiaeT 

to^.  It  was  a  good  while,  1  cannot 

h  W«i  it  witliin  a  month,  or  two 

Uyo.  It  was  more^  my  lord. 
(♦'Hl«^re  t^'^vi    sir   Kicbard   Barker 
( ttfo.  He  was  at  Putney, 

>  i  sot  see  him  f 


Mrs.  M<iyo.  Mot  then  he  did  not. 

L,  C.  J\  Did  hp  afterwards  f 

Mrs.  Mttyo.  Yes,  he  diil  se«  liim  aflerwan 

L.  C.  /.  How  long  afterwards  was  it  ? 

MrH.  MaytK  I  cannot  tell  how  long  aAer^^l 
wards  it  was,  my  loni. 

X,  C,  X  About  what  time  was  it  ? 

ftli-s.  Mdyo.  After  the  Plot  was  discovenil^J 
he  w(Ls  up  anil  down  in  the  family. 

L.  C\  J.  You  never  knew  Mr.  Gates  before  ^ 
thnt  lime  he  came  in  disguise,  and  you  did  i 
kiiow  him  then,  but  as  they  told  yon  it  was  hef^ 

Mrs*  Mityo,  No,  I  did  not,  but  as  they  toU" 
me  then  ;  and  this  is  the  man  1  wilUwtar  it 

Oatet.  Call  John  Butler. 

Cryer.  Here  is  John  Butler. 

Gates,  Swear  him.  [Which  was  done,]- 
My  lord,  if  you  please,  I  will  propose  my  i 
*|UC8tions  to  your  lordship  j  and  my  first  ques*  ] 
lion  is  thi!i,  I  pray  your  lordship  would  as! 
him,  Whether  he  gave  in  any  evidence  at 
five  Jesuits  Trial,  or  Langhom's  Trial^about  my  J 
being  in  town  in  April  or  May  1673  ? 

L.C.  J.  Did   you  give  atiy  evidence  at 
five  Jesuits  Trial  f—Bur/m  Yes,  I  did. 

L.C^  J,  Did  you  give  any  evidence  at  Lang 
bom's  Trial  P 

Butltr,  Yea,  my  lord,  I  was  a  witness  thera. 

Oaiei*  My  lord,  it  is  so  long  ag*i,  that  igno- 
rant people  that  come  innocently  wHhout  de* 
sign,  may  not  be  so  ready  in  'their  remem- 
brance, as  those  that  conn'd  their  lesson  lor  «tj 
long  time  together. 

£.  C  J.  Well,  well ;  what  do  you  ask  hint  J 
nejrt,  Whetlier  he  will  stand  by  that  evidence^ 
he  gave  then  ? 

Butler,  That  is  all  I  have  to  say,  my  lord  fi 
I  did  testify  the  truth  then, and  will  abiJe by  it.] 

X.  C,  J.  But  he  mtist  give  the  same  over^ 
again  here,  or  it  will  signify  nothing. 

Oatii,  My  lord,  it  is  now  six  years  since,  and 
this  question  was  not  thought  to  be  stirrefl  sa^ 
long  after:  therefore  I  beg  so  much  favour,^ 
that  the  evidence  he  did  give  at  Mr,  Langborn**^ 
Trial  may  be  read  to  him. 

X.  C\  J,  O !  by  no  means. 

Oaics.  My  lord,  it  is  such  a  distance  of 
lime 

L,  C.  X  Look  ye,  if  he  has  any  notes  hitn- 
self,  he  may  look  on  them  to  refresh  him. 

Oalcs.  My  lord,  he  comas  raw  hither,  witb- j 
out  any  instruction  at  all. 

X.  C  J.  So  should  every  witness :  God  for- 
bid we  should  counteounce  the  ijistructiug  of  i 
witni'sscs  what  they  shotikl  Mivear. 

OaUs.  1  lM*g  your  pardon,  my  lord,  I  did 
hnpe  tlii!i  lavour  mit^ht  be  granted :  I  will  then 
ask  hi  in  some*  ipu*stioti9. 

X.  C  J.  Ay,  ay*  do,  refresh  his  memory  b« 
questions   as   much  as   you  can.      Come,   IT 
ask  him  some  questions  tor  you  ;  Do  you  re-  ' 
member  you  saw  Mr,  Oatra  at  any  time  in  the 
year  1678  ? 

Butler,  U'  it  please  your  lordship,  as  near 
as  I  can  remember,  ft  taw  him  in  May  befort 
the  plot  was  di?»covered. 

L,  CJ.  T\ia\vra%i:b«^«Ax  V^^^^ 


IWtt] 


tasMMldidMebia 


Bmtkr.  I  ww  •  perfinttoifar  BidMurf 
IMr.Oilwiidlir    ' 


£.  a /•  WIno  wit  it  tet  ha  dfaMtdMra  ■! 


_  „     iaahytfciit 

MnlM  M  vtel  to 


AjnrI 
hmni  It 

X^aX  WfaeniKdmifwIitetfafaif 

atmvBiMiv^bflNM,' 
JC^CJEi  WlmiiiMit««tlMWfBtiDi«ir 
BHlIri  ItwasaywrtrtMWftMtlMMMr 

'tit  I  Mm  liJBi  flMiilwfl  iinwtog  in  ay  n» 

UrtlMM. 

Jl^.<7ai.  AT,wlMl«qpiiM4kibeeoniiiiif 

Bugler.  HitludrwiiQutoi^^lofe  cropt  to 

liiNnLMBdMoMwUtolMt  orer  hb  tad; 


ax  HwrWjf  dtor ttiiWMit,tiMt  jm 

MHfBto  w  A  WitlliltP  ' 

h  im  whca  tlM  tMtifmiiUM 


Wm  ^k  the  lint  tim*  yod  Ind  TO* 
I  tiMM  cmmmtuionir 
Birf^.  Ym,  my  loid,  that  w»t  the  flnt 

toM. 

X.  C.  /.  Then  how  came  yim  e  year  and  an 
hilTa  time^afterwardt  to  remember  the  preciae 
month  of  Majy  when  yea  did  not  know  yoo 
i^jbotdd  be  cafled  to  qemtion  dboot  it,  and  yet 
yea  eanyiot  remembar  the  time  jparlicnUriy 
when  Gates  went  to  iaa,bttttdm  the  oempaaa 
of  a  year  or  two? 

ButUr.  I  gnesB  it  waa  n  jFcarbelbrey  I  can- 
not exadlY  tell. 

L.C*f.  When  you  can  bat  gneaa  at  the 
time  of  aneh  n  remarkable  paaaage,  within  the 
ooaapaas  of  a  year  or  two,  how  can  you  pitch 
npon  the  rery  month  ibr  such  a  thing  as  this  is, 
a  year  and  a  half '•  time  after  f 

(kUtti  No,  my  knrd,  it  waa  not  ao  Umg  as  a 
year  and  a  half. 

L,  C,  X  P^f  Sir,  have  patience. 

(ktUt.  My  lord,  the  records  shew,  that  Ire- 
land's Trial  waa  the  17th  of  December  1G78, 
and  thn  Fife  Jeenits  Trial  was  the  U^th  of  June 
1079. 

X.  C^X  Then' 'it  is  a  fhH  twdfc^montfa's 
timfvaDdmsve ftom the M^  that  he  says  he 
saw  jron  at  sir  Richard  Baiker'ji  to  White- 
hrsndiiiTriaL  in  wUeh  be  was  exainiBed  the 
flrattunn>  New  ihat'whiekf'I  desire  of  him, 
lit  to  firemen  reason  wliy  lw>TCttientee  ft 
w»»  jn  the  Mii<»i#u|<<(fai4ltfllil>LUiIAu» 


Mutler,  Mj  bnf,  tba  liuly  wlifini  I  dut  Mmg 
.  died  in  Febniary  belore^  tKat  ytmr. 

It*  C.  /,  But  gtTe  int'  Botne  TeJtsoa  of  jtNir 
retnembrauec  so  lon^  A.(U*t. 
Butkr.  My  lordf  T  tla  t^  well  m§  I  can. 

i.  c.  J.  ^k;i,  what  is  it?  , 

Butler.  My  lady  was  b»n€tl  In  Feltniwj,  i 
aod  tie  ccroesi  into  tbii  yanf  where  I  %%&»  clesm  I 
i»^  my  €oaeh)  in  Mity  folloviir^  that  Ftlxii*  i 
ory,  miich  was  May  before  the  tltscorwy  ift 
th«  plot.  Mn  sfkeii  iit«  wlittt  aJt^mtion  iiiu  ts 
the  ikm»tj?  I  tald  Mm  my  lady  wqs  df-ad, 
the  eicutch#Qn  w^  «ver  the  ^oor  for  b«r,  Be 
asked  for  Dr.  Tmigpue  when  he  came  fifit  it 
tbe  bmiBf* 

X*  C.  J<  Why  ibotild  lie  vmk  Ibr  Or.  Tnnpef ^ 

Buikr.  My  loril,  Dr.  Toopie  lodgrd  ti>€f*1j 
and  he  did  a^k  far  him:  rc4>ine  tc?  jioiif; 
the  truth ;  upon  my  salvation^  what  J  wy 
h  true. 

X.  C.  X  Wen,  wh^n  he  naked  whalier  Dr. 
Tongne  w«s  .mthio,  what  said  yam  T 

Butkr.  1  told  faiiii»  no  ;  but  he  mmi  itiB 
the  room  where  0r.  Tongue  uaed  tn  tk;^  te 
found  biin  not  Ihete  t  so  lie  went  out  a^pob 
That  waa  the  same  time  Mrs,  Mayo  hw  him 

X,  C.  X  But^  fri«ti(lr  pnthee  niind  nl^t  [ 

ask  th€^,  hecaufi«  thou  mu^i  give  tne  «»Gedk> 

tion  how  thoQ  couiest  IQ  remember  thb,  m  m 

to  be  able  to  swf^r  it ;    for  hla  g^ing  to  ad  lif 

Tmi^e,  or  tbe  e«»euteheoi]  being  over  th*  d9«| 

'  neither  of  those  tan  be  &  reaauo  Ibr  yon  lo  r^ 

.  member  that  Ibis  w%s  in  May^  for  the  < 

.  eheon  may  be  up  in  June,  or  Jtt1y«  m  m  ku 

gtuit  or  in  any  other  month  ai^er  tbe  time  jm 

speak  of:  But  how  came  you  to  tike  fiolkarf 

thk  busuicss  that  it  was  In  May  T 

Butkr,  Sir  Richard  Barker,  ray 
waa  theu  aick  at  Putney,  which  was  ia  W^ 
though  1 4SQJinoi  apeak  to  a  day  or  a  wecifM^ 
iioulaiiy. 

X.  a  X  Then  pritheo  let  me  ask  the«  di 
{jUGstion,  how  long  bad  your  tuister  beoi  M 
before  tbatF 

Bittf€r*  He  bad  neter  been  wdl 
lady  died. 

X,  C.  X  Wbeu  wai  it  that  your  kdy  MF  ^ 

BuiUr.  lu  February  be^»r«. 

X,  C,  X  How  long  after  that  did  yooriBil* 
Uft  ur  Richard  Barker,  con^nuetidi:? 

Butkr.  Haifa  year,  I  believe. 

X.  C.  X  Why  then,  auppose  yoorTOi^ 
fell  sLck  Iminefliately  after  yo^r  laoy  difd,  mA 
he  continued  sick  half  a  year  after,  y«t*U4ii, 
while  Gates  might  come  during  bis  «Gbe|l 
even  in  the  mouth  of  June  or  Jm^,  when  il*' 
acknowledged  be  was  in  town,  and  not  Ub«ff 
in  Febroary,  ivhich  is  tentiftcd  by  a  p^, 
many  witne«S4?s.  _ 

Buikr.   My  lord,  I  teO  yimr  kidibf  >U 
tmth,  it  waaiii  May. 

X.  C.  X  BotlwirdoiktIM'coMlifl 
Dotioe  it  WM  in  th«  monfh^f  Nqr  M  vl 
MstOBweuHL 

Bmtkr.  My  Imd,  I  Id! 
Uywaii'de^tf,  ml  tf 


II5S] 


STATE  TRIALS,  1  Jambs  II.  l(J85.— /c»-  Perjury. 


[1154 


LCJ.  So  it  might  be,  though  he  came  in 
Fopeor  July,  1  teW  ye 

hutUr,  ily  master  was  sick  at  Putney  at 
:ittt  time. 

L  C*.  J.  How  long  (lid  he  lie  sick  at  Put- 
ley? 

Mailer,  He  was  sick  there  a  fortnight,  my 
Old. 

L  C.  J,  Then  prithee  when  did  thy  master 
olo  Putney? 

Bktlfr.  I  cannot  tell  to  a  day. 
L.  C.  J.  In  '^  hat  month  was  it  that  he  went  ? 
Butler.  It  Wis  iht*  latter  end  of  April,  my 
«d,  as  I  n*nief  i>cr. 

L.  C.  J,  Hiiw  long  continued  he  sick  at 
toey? 

Buikr.  The  matter  of  a  fortnight. 
JL  C.  J.  Was  not  your  master  sick,  when 
Mr  lady  died  at  Putney  P 
Buthr.  No,  he  wa4»  not  there  then. 
L,  C  J.  When  did  he  go  to  Putney,  say  ye? 
BhtUr.  He  went  not  tiiither  till  tlie  latter 
id  of  April,  my  lord. 

L.  C.  J.  And  did  he  continue  at  Putney  but 
ortnigbt  ? 

Butler,  Not  at  a  time,  but  he  continued  go- 
^ftiid  coming  a  quarter  of  a  year. 
Xm,  C.  J'  But  this  was  the  first  time  of  his 
■9,  was  it? 

0Bf(pr.  Yes,  as  I  do  remember. 
Qi/0.  My  lord,  he  is  my  witness,  and  I  de- 
al mav  examine  him. 
Lb  C.  /.  Hold  there,  Mr.  Oates ;  he  is  mine 
I.  -  All  the  witnesses  are  mine  to  satisfy  me 
Ae  truth  of  the  fact. 

Omiei.  And  Ui  satisfy  the  jury  too,  my  lonl. 
L.  C  /.  Yes,  and  to  satisfy  the  jury  too, 
tl  must  and  will  sill -out  the  truth,  for  both 
r  nti«factions. 

Oalcf.  My  lord,  it  is  now,  come  the  next 
Mth,  six  years  ago  since  the  evidence  of 
Biamtter  was  first  given  by  these  witnesses. 
L.  C.  J.  Then,  Mr.  Ostes,  I  will  come  a  lit- 
:  rounder  to  you,  and  I  will  put  you  into  a 
ttun  way  of  clearing  this  busincHs.  I  will 
I  you  what  you  shall  do  ;  you  li.ul  a  Io<lging 
tJim,  as  well  :vs  diet,  and  as  well  as  you  did 
tat  Dr.  Barker's  sometimes,  so  you  eat  uud 
f  ■ometiroca  elsewhere.  You  wVrc  here  in 
«n  a  ereat  while  together,  if  your  own  a«- 
ftionB  be  true;  for  you  were  from  April  till 
inein  town ;  now  come  and  give  un  account 
r  loiiie  wimesscs  if  vou  can,  where  did  you 
^at^tliat  time,  and  where  did  you  diet  ?  for 
neriH  you  had  but  one  meal  at  sir  Kichard 
arker*!. 

Otttei,  la  that  the  questicn,  Sir,  here  hi 
ind? 

L.  C.  /.  Ay  indeed  is  it,  and  the  main  ont; 
». 

Otta.  I  be^  your  lordship's  pardon  if  1  mis- 
dw,  but  I  tbmk  that  is  not  now  in  (piestion  ; 
hr  tlif^e  St.  Omcrs  men  do  swear.  That  f  was 
A  April  and  May  at  St.  Oniers  r  then  if  I  iio 
jNve  that  in  April  and  May  I  was  not  at  St. 
Wn,  but  here  in  liondon,  it  is  argument 
pideuiiugliagBiust  tbcui  th.it  tJicir  cWdoncc 
7tti.X 


is  false.  And  indeed,  can  vour  lordship  or  tha 
jury  expect,  that  I  being  tfien  engaged  among 
and  for  the  papists,  and  afterwards  an  evidence 
against  them  to  discover  their  treasons,  cau 
bring  any  of  tlietn  to  testify  for  mo  now  ?  No, 
they  will  as  certainly  forswear  themselves,  as 
these  young  fellows  have  all  done. 
•  L,  C.  J.  l^t  me  ask  you  a  shorter  quoslion  : 
did  you  always  lie  in  a  papist's  Imusie  all  tlie 
two  months  you  say  you  wci-e  here? 

Oates,  My  lord,  I  lay  at  several  houses. 

L.  C,  J.  'fell  me  the  names  of  those  house?, 
or  any  of  tliein. 

Oatcf.  It  is  not  to  the  point  in  question  here, 
my  lord. 

L,  C.  J.  Yes,  it  is  very  much ;  but  1  per- 
ceive it  is  af-eeret,  and  lor  any  body  jud^e  why. 

Oa/cs.  My  loitl,  they  that  have  hy  tli«?  prin- 
ciples of  their  religion,'  liberty  to  affirm  or  deny 
any  thing,  and  can  have  dis| sensations  for  the 
vioiaiions  of  ocths  and  sacraments,  certainly 
are  not  to  be  admitted  as  witnesses  in  such  a 
case  as  tbis. 

X.  C.  J.  Talk  not  to  roe  of  dispensations, 
and  I  know  not  what ;  I  speak  fi-om  a  plain 
demonstrative  proof:  can  it  l)c  believed  that  vou 
should  be  here  in  England  so  long,  and  as  they 
say  publicly,  and  no  fierson  living  see  you  that 
we  can  hear  of,  but  an  old  woman  that  never  saw 
you,  nor  knew  you  before,  and  a  coachman 
that  tells  a  wild  story  without  reason  ?  If  yoti 
will  not  tell  me  where  you  lay,  can  you  tell  ma 
where  y oii  did  cat  all  that  time  ? 

Gates.  I  can  tell  where  1  did  lie  that  time. 

L.  C.J.  Do  80  then.  Let  us  hear  it,  that 
will  be  your  best  defence. 

Gales,  Is  that  the  point,  my  lonT,  in  ques- 
tion ? 

L.  C.  J.  Ay,  upon  my  word  is  it,  the  main 
point  in  this  case. 

Gates.  If  it  it  should  go  u|M)n  that  foot,  my 
lonl,  it  is  im]K)ssible  for  me  now  to  prove  it ; 
for  it  is  well  known,  I  lay  sometimes  with  iMr. 
Whitehitad,  and  sometnnes  with  !\1r.  Mieo, 
neither  of  which  can  1  have  to  tef^iify  for  me; 
and  i)esifles,  1  must  insist  upon  it,  tiiese  things 
weix'  in  questi(»n  at  Whitel»read's  trial,  nor  do 
I  believe  that  Mr.  Whitebread,  if  asked  at  his 
death,  would  have  justified,  and  btnodbyit, 
that  I  was  nut  here  then. 

L.  C.  J.  Well,  this  I  must  certainly  say,  I 
cannot  help  it,  but  it  will  stick  with  me  till 
iMHter  answeretl.  I  can  never  be  satistieil,  that 
if  you  were  here  so  long,  there  should  no  better 
evidence  be  produced  to  prove  you  here. 

Oates.  My  lord,  nor  can  I  help  your  di^sa- 
tisl'actiou,  but  I  am  to  satisfy  all  that  hear  ma 
this  day,  that  is  a  very  hard  case  that  is  put 
ufion  mc;  I  have  taken  the  niovt  rfi'eetual 
course  that  I  could,  to  provide  for  evidence  to 
make  my  defence;  and  I  think,  hy  y<»urlord- 
sh:p*s  good  leave,  X\i(t*i0  that  I  have  prodnceil 
do  prove  me  heri?  in  town  in  April  and  May 
107 il.  And  it  your  !urds:iip  has  done  with  tbii 
witnrss,  i  uiU'enll  :Mi«i:h(T. 

L.  C.  .h  Wil^viouvia.ii^Q^V\\V  YNiiftk-^^i*. 
what  81'kckH  ^^\lU  itt«. 

^  K 


]  155]         STATE  TRIALS,  1  James  U.  l6S5.—HM  ^  TUub  <kte$,        [IIM 


Oate9.  Pray  call  Mr.  Philip  Page. 

Sol.  Gen.  HoW,  Sir,  a  liUle ;  I  would  ask 
these  witnesses  a  few  questions  before  they  eo 
away,  x  Vou  Butler,  let  me  ask  you,  pray  the 
first  time  you  saw  Mr.  Gates  at  the  time  you 
speak  of,  was  it  in  April  or  May  ? 

X.  C.  J.  He  swore  it  was  the  beginning  of 
May. 

6uilcr.  To  the  best  of  my  knowledge  it  was 
the  beginning  of  May* 

Sol.  Gen.  Who  dici  you  tell  first,  that  there 
was  Mr.  Gates,  at  that  time  ? 

Butlen   I  told  it  Mrs.  Mayo. 

Sol.  Gen.  Consider,  friend,  what  you  say 
feow,  you  are  upon  your  oath,  and  consider 
what  you  said  at  the  former  trial,  when  you 
were  upon  your  oath  too. 

Oatet.  P'ray,  my  tord,  I  desire  my  witnesses 
Bay  be  examraed  without  threatenings. 

jL.  C.  J.  It  is  not  a  threatening,  it  is  an  ad- 
monition not  to  go  beyond  the  truth. 

Sol.  Gen.  Be  sure  you  be  in  the  right  in 
what  you  say,  and  now  I  ask  you  uiwn  your 
•ath,  when  was  the  first  time  you  saw  Mr. 
Oates  when  he  came  in  that  disguise  you 
speak  of? 

Butler.  I  told  you  it  was  in  May,  Sir. 

Sol.  Gen.  How  far  in  May  ?  consider  well 
what  you  say? 

Butler.  To  the  best  of  my  remembrance,  it 
was  the  beginning  of  May. 

Sol.  Gen.  Do  you  thmk  it  was  within  a 
Week,  or  the  first  ten  days  of  May  ? 

Butler.  I  cannot  tell  that ;  as  well  as  I  re- 
JDerober,  it  was  the  beginning  of  May. 

Sol.  Geii.  When  you  saw  him  first  in  May, 
who  else,  as  you  rcineniher,  was  by  ? 

Butler.  Mrs.  Mayo. 

Sol.  Gen.  And  nobody  else  ? 

Butler.  Yes,  one  Benjamin  Turbet,  who  is 
since  dead. 

Sol.  Gen.  But  consider  your  oatli,  friend, 
once  more,  and  recollect  yourself;  do  you 
swear  positively  Mrs.  Mayo  was  by ;  and  did 
see  him  at  the  same  time  ? 

Butler.  I  saw  her  lookout  out  of  the  window 
into  the  yard,  nr.u  1  [)elieve  she  did  see  hira. 

Sol.  Gen,  Well  then,  let  us  examine  her 
evidence  and  yciir'3  togeihtr,  and  see  how  they 
agree. 

Gates.  My  lonl,  these  are  not  questions 
tcndinjif  to  satisfy  ihe  jury  at  all,  as  to  the  point 
in  oueNtion. 

L.  C.  J.  Arc  they  not?  niethinks  they  are, 
whr.tsocveryou  think. 

Cata.  Atkr  six  vears  time,  to  ask  such  poor 
ignorant  i>eo}>le  f,iicn  triiliii*jr  questions  ! 

L.  C.  J.  i^rav,  Sir,  be  contented,  and  let 
the  king-'s  counsel  examine  the  witnesses. 

Oates.  IMy  lord,  he  says  I  was  here  in  May, 
that  is  enough. 

X.  C.  J.    Well,  Sir,  I  know  what  he  says. 

Sol.  Gen.  And  you  shall  hear,  Mr.  O^tes, 
how  your  witnesses  agree. 

L.  C.  J.  Go  on,  Mr.  Solicitor,  and  do  you 
Alt  still  and  be  quiet 
iW.  C^,  Twm,  my  lord,  1  would  vSl  Vim 


thb  questioQ  more;  the  first  time  JM  nw 
Gates  come  to  sir  Jticberd  Barker's,  wbil 
habit  pray  yoo,  was  be  in  ? 

Butler.  He  was  in  a  disguise? 

Sol.  Gen.  Ay,  what  disguise? 

Butler.  He  had  a  white  hat  fliwing  owr  Wi 
ears ;  his  hair  cut  short,  ckse  to  liis  eait,  nk 
a  grey  short  c(>at 

Sot.  Gen.  Had  he  nerer  a  periwig  OD? 

Butler.  No,  his  hair  was  cot  sboct  to  kii 
ears. 

Mr.  Homes.  Was  he  in  such  a  dimiae,  Art 
a  man  might  not  ordinarily  know  Bim,  tbK 
had  not  known  him  before  ? 

Butler.  IVuly,  my  k>nl,  I  did  not  know  kii^ 
when  he  first  came  in,  'till  he  spoke  to  w^ 
and  asked  me.  How  do  you,  John  f  and  tlttl 
recollected  who  he  was,  that  it  was  Mr.  QMr 

Sol.  Gen.  Was  he  always  ia  the  sans  liili^ 
when  he  came  thither  ? 

Butler.  The  next  4ime  he  came  be  Ml 
cinnamon-coloured  suit,  and  a  long  Uak 
perriwig  that  was  curled  down  thus  &r,  isi  i 
black  hat,  with  a  green  ribbon  and  greci  tA 
strings  about- his  wrists. 

I.  C.  J.  Dkl  you  ever  see  OatadiMtlwef 

Butler.  Yes,  I  did. 

L.  C.  J.  When  was  that  ? 

Butler.  After  my  master  came  bono  tm 
Putney. 

L.  C.  J.  Who  was  there  besides  ? 

Butler.  Gne  sir  William  Thurrel  and  maip 
Thurrel. 

X.  C.  J.  How  often  did  be  dine  then? 

Butler.  Several  times. 

L.  C.  J.  Who  else  was  there  ? 

Butler.  My  master  and  his  daughter. 

L.  C.  J.  And  who  else  ? 

Butler,  Mrs.  Mayo. 

L.  C.  J.  What  is  become  of  your  jnaster*! 
daughter  ? 

Butler.  I  l^g  your  pardon  for  that,  m}'  lai 

L.  C.  J.  Where  is  she,  man? 

Bu'hr.  She  is  at  lion»e,  I  suppose. 

L.C.J.  What  dost  thou  beg  my  pardcs  ftr 
then  ? 

Butler.  i\Iy  lord,  I  call  to  mind  she  did  doI 
dine  uitb  them. 

L.  C.  J,  Did  she  dine  at  any  time  with  hia 
there  ? 

Butler.  Yes,  I  remember  se?eral  tiaes^ 
but  not  then. 

L.  C.  J.  When  did  you  see  your  naila^ 
dauq-hicr  last  ? 

Butler.  I  luve  not  seen  her  this  quarter  of  • 
year. 

L.  C.  J.  Where  is  she  now  ? 

Butler.  At  home  at  Putney,  my  lori,  I 
believe. 

L.  C.  J.  And  she  was  several  timet  diet 
when  he  dined  there. 

Butler.   Yes,  she  was  at  home. 

L.  C.  J.  Did  Mrs.  Mayo  see  him  at  iStttf 
ihere?-^Butler.  Yes,  I  believe  she  did. 

L.  C.  J.  How  often  did  be  dine  thai  «M 
this  time  you  speak  off 

ButCer « ^^ecai  timeg» 


STATE  TRIALS,  iJamb^II.  I685 


rii5» 


J,  Do  yon  think  seren  times  ? 

r.    I  do  think  he  might  ha?e  dined 

▼en  times. 

J.  Did  he  more  than  seven  times,  do 

r.   I  cannot  number  how  many  times 

J.  Now  come  in,  Mrs.  Mayo,  again. 
Mai/o.  Here  I  nm,  ray  lord. 
/.   Mrs.  Mayo,  give  me  leave  to  ask 
aestion  or  two. 

►.  Yes,  my  lord,  what  you  pleie»e. 
/.  You  say  (if  I  do  not  misremember ; 
I  bejf  your  pardon,  and  you*H  correct 
reek  m  May  was  the  first  time  you 
*.  Gates,  and  that  was  at  sir  Richard 
sP 

Mayo.   I  think  it  might  be  about  the 
igofMav. 

.  J.  Had  ne  been  in  the  house  before? 
Mayo,  Not  at  that  time  that  I  know 
IS  tfey  told  me. 
J.  Who  told  you? 

Mayo.   That  coachman  there,  John 
and  one  Bei\jamin  who  lived  in  the 

/.  Then  you  did  not  see  him  the  firist 
came?  wnatsay  you,  Butler  ? 
T.  She  did  see  uim  out  of  the  window, 
ard. 

J.  Well,  let  that  pass  then:  come,  I'll 
another  question  upon  your  oath,  how 
ve  you  seen  him  dine  there  ? 
Mayo.  I  saw  him  dine  at  that  tunc  that 

J.  Did  not  he  dine  there  above  once  ? 
Mayo.  No,  he  did  not. 
J.  What  say  you,  Butler  ? 
r.  Ue  did  dme  there  several  times  with 

J.  Then  one  of  you  two  mnst  be  mis- 
am  sure. 

. .  My  lord,  if  your  lordship   would 
>  give  me  leave  to  speak,  I  would  set  it 

X  Good  Sur,  let  them  set  themselves 
ii^  can,  we  need  none  of  your  instruc- 


.  MTlord,  I 

J.  Why,  how  now  P  Pray,  Sir,  be  at 

Mrs.  Mayo,  pray  what  habit  had  Oates 

rn  saw  him  first? 

Ifoyo.  He  was  in  a  grey  hat  and  a 

It. 

X  Was  his  hair  short  or  long  ? 

Mtayo,  He  had  on  a  kind  of  a  short 

Ten.  Are  yon  sure  it  was  a  wigg? 
Ifiiyo.  Yea,  a  kind  of  a  brown  perri  wig. 
X.  And  he  says  his  hair  was  cut  short 
mt 

•  Tbese  thmgt  are  very  lean  stuff  to 
awitDMlvpon. 

Xm*  Whoi.he  came  the  second  time, 
'    Ibeon? 

Afterwards  he  came  in  black 


"fi^  Perjwry. 

Mr.  Haiues.  What  coloured  perriwig  wat 
that,  a  black  or  a  white  one  ? 

Mrs.  Mayo.  Not  a-black,  but  a  brown. 

Sol.  Gen.  You  say  it  was  long? 

Mrs.  Mayo.  Longer  tlian  his  other,  yet  not 
very  long  neither. 

L.  C.  J.  Here  are  I  know  not  how  many 
contradictions  in  these  witnesses  testimonies. 

Oaies.  Truly,  my  lord,  I  do  not  find  in  the 
examination  of  the  St.  Omers  witnesses,  yon 
were  so  strict,  or  bore  half  so  hard  upon  them^ 
as  you  do  upon  my  witnesses ;  what  does  it 
signify,  my  lord,  whether  the  wigg  were  long 
or  short,  black  or  brown  ? 

L.  C.  J.  We  have  no  other  way  to  detect 
perjuries,  but  by  these  circumstances ;  and  'tit 
the  duty  of  a  judge  to  enquire  into  all  particu* 
lars;  as  in  a  controversy  about  words,  wera 
they  spoken  in  Latin  or  in  English,  and  so  ta 
all  places  and  postures  of  sitting,  riding,  or  tUa 
like ;  as  you  know  the  perjury  of  the  elders  in 
the  case  of  Susanna,  was  by  their  different 
testimony  in  particular,  circumstances  dis- 
covered. 

Oatet.  My  lord,  I  will  ask  her  but  one  sbont 
question.  By  the  oath  you  have  taken,  Mrs. 
Mayo,  to  speak  the  truth,  the  whole  triith,  and 
nothing  but  the  truth,  as  you  expect  the  face  of 
God  with  comfort  in  another  world ;  did  yod 
sea  me  at  sir  Richard  Barker's  at  any  time  in 
May  1678 ;  the  May  before  (he  plot  was  dis^ 
covered,  for  that  is  the  main  question  ?  ' 

Mrs.  Mayo.  Yes,  I  did,  and  I  speak  nothing 
here,  but  what  I  speak  as  ill  the  presence  of  tha 
Lord.  I 

L.  C.  J.  Prithee,  woman,  dost  thou  think 
we  ask  thee  any  thing  that  we  think  thou  dost 
not  speak  in  the  presence  of  the  Lord  ?  we  wrm 
all  or  us  in  the  presence  of  the  Lord  always. 

Mrs.  Mayo.  And  shall  answer  before  him  for 
all  that  we  liave  done  and  said,  all  of  us,  th« 
proudest  and  the  greatest  here. 

X.  C.  X  But  I  would  not  have  so  much  ta 
answer  for,  as  thou  hast  in  this  business,  for 
all  the  worlds 

Sol.  Gen.  Well,  we  have  done  with  her  now^ 
she  may  go  away. 

L.  C.  X  Where  does  she  live  now  ? 

Cryer.  Mrs.  Mayo,  where  do  you  live  now  ? 

Mrs.  Mayo.  In  Leaden-Hall-street,  my  lord. 

X.  C.  X  When  did  yon  sec  sir  Richard 
Barker's  daughter  ? 

Mrs.  Mayo.  About  a  fortni«;ht  ago. 

X.  C.X  Where? 

Mrs.  Mayo.  In  Barbican,  in  London. 

X.  C.  X  Do  you  live  with  sir  Ricbar4 
Barker  now  ? 

Mrs.  Mavo.  I  do  not  live  with  him  now. 

L.  C.  X  Did  his  daughter  use  to  be  at  thf 
table  at  dinner  ? 

Mrs.  Mayo.  Slie  was  often  m  the  country, 
my  lord. 

X.  C.  X  Did  she  eat  at  his  table  at  that  tlma 
when  Oates  was  there  ? 

Mrs.  Mayo.  I  am  not  able  to  say  whethcf 
she  did  or  uol  •,  %V\c  u^«4\»Vfcvo^NH^«A^^s* 
Tbomaa  l&VdAkfiusu'm  wntMlQaMflK  «^  ^"^ 


1I59J        STATE  TRIALS,  1  Jambs  H.  i585^!IVmiI  ^fTOmOjdeM,  -     {llflf 

madam  Tharrd,  ber  aunt,  who  was  her  mo* 
ther's  sUter,  and  her  two  daughters. 

JLC.J.  Ill  Wales,  dost  tSfou  say?  Where  P 
.  Mrs.  Mayo,  My  lord,  in  your  own  oonntry, 
€U  one  Dr.  Cocket's ;  I  know  your  lordship, 
though .  your  lordship  does  not  know  roe.   ^ 

X.  C  /.  I  am  very  ^ad  of  it,  good  woman  ; 
hut  prithee  did  ever  sur  Kichud  Barker  dine 
with  Hr«  Gates  P 

Mrs.'J(fifyo.  I  cannot  say  he  did,  he  went  to 
and.  fro. 

L.  C.  J.  Wdl, haveyou  any  more  witnesses ? 

Gates.  Crier,  call  Philip  t^kge. 

Cryer.  Here  he  is,  Sir.' 

Oaies.  Pray,  swear  him.  [Which  was 
done.]  Pray,  he  pleased  to  gire  nnr  lord  and 
the  jury  the  best  account  you  can  ofmy  beinur 
in  town.  But  Mr.  Page,^theaue8tion  that! 
first  ask  you»  is,  whether  I  was  here  hi  April  or 
-  May,  and  in  what  year  it  was  that  you  did  see 
me  at  your  roasters  house  ? 

L.C.J,  When  did  you  see  Mr.  Gates  at 
yoor  master's  house  P  You  mean  sir  Richard 
Barker  to  be  his  master,  I  suppose  ? 

Oate$.  Yes,  my  lord. 

X.  C,J.  What  do  yousay  to  it? 

P<i^£.  Truly  I  cannot  oe  positive  to  the 
year;  but  to  the  best  of  my  remembrance  it 
was  1678. 

.  ^  Oaiei.  Pray  tell  my  lord  and  the  jury  some 
cbcumstances  in  thai  year  that  did  happen 
to  y«a,  that  makes  ^ou  believe  it  was  1678. 
•  Page.  S^^  Til  gi?e  you  the  best  satisftu^on 
I  can  to  the  best  of  my  knowledge  ;  he  came 
to  sir  Richard  Barker's  one  evening,  and  there 
he  enquired  for  Dr.  Tongue :  he  was  in  a  dis- 
guise, in  a  light- coloured  coat,  something  like 
a  frize,  but  it  was  not  frize  ;  the  term  that 
they  fpye  it,  I  cannot  so  readily  tell.  He  had 
his  hair  cut  short,  almost  to  his  ears,  and  he 
had  a  broad-brimm'd  hat  on,  and  a  small  stick 
in  bis  hand,  walking  melancholy  about  the 
hall  ;  I  happening  to  be  the  first  body  lie  met 
with,  as  I  suppose,  he  asked  me  if  Dr.  Tongue 
was  within.  I  told  him  no,  1  had  not  seen 
him  of  a  considerable  time.  He  then  asked 
roe  where  sir  Richard  Barker  was  ?  I  told 
him  he  was  ill  now  at  Putney.  Says  he, 
When  will  he  be  hero  ?  1  told  him  i  could 
not  tell. 

JL.  C,J.  Did  he  see  any  body  there  but  you. ^ 

Page,  That  I  canuot  tell,  my  lord  ;  not 
that  1  know  of. 

i.  C.  J.  What  time  of  tlie  year  was  it  ? 

Att.  Gen,  And  what  month  ? 

Pagt,  What  year  and  wliat  month  it  was, 
I  am  notable  to  say,  my  lord. 

L.  C.  /.  What  became  of  him  atlcr  that  ? 

Page,  He  went  out  of  our  gates  then,  8ir  ; 
he  was  walking  up  and  down  melancholy,  and 
not  finding  any  one,  as  I  suppose,  to  answer 
him,  he  continued  walking  in  the  piEUient's  hall, 
where  they  used  to  wait  on  sir  Richard  Barker^ 
that  came  to  discourse  with  him  about  physic ; 
and  upon  my  answer  to  his  questwn,  he  went 
away. 

Z.  C.  J.  Did  you  ever  Me  lum  lay  oCbst 
Mam  Bear  to  tbsit  time? 


I' 


Pff^e.  No,idid  not. 

L.C.J.  Didyou  use  to  wait  at  table? 

Page,,  No,  I  did  not.  « 

X.  C.  J.  What  service  Were  yon  tiioi  Oh 
gasred  in  at  sir  Richard  Barker's? 

Page.  I  made  up  the  physic,  my  lord. 

L.  C.  J.  Did  von  not  aoauaint  the  eoack* 
man,  nor  Mrs.  Ikfayo,  nor  air  Richard  Bariv 
with  it? 

Page.  I  thiuk  sir  Richard  Barker  was  it 
town  soon  after,  and  I  did  acquaint  him  wHkiL 

Oaies.  But  cannot  you  tell  what  time  this  iL 
Sir? 

Page.  I  can  say  no  other  than  I  hare  nii ; 
I  believe  it  was  in  1678. 

L.  C  J.  Was  this  in  June,  July,  or.lfij,  m 
when? 

Page.  I  cannot  say  panctimlly  what  aslh 
it  was,  nay  lord ;  but  to  the  best  of  my  hmn 
ledfife  and  remembrance,  it  was  in  the  begintf 
of  May.  ^ 

Oatei.  Had  not  your  master  a  patient  at  Is- 
lington at  that  timeV  that  was  sick  of  a  ferer  ? 

Page.  Yes,  be  had. 

Just  WitAins.  Why,woulA  Mr.  (htabiit 
given  the  patient  physic  ?  .     ^ 

Page,  No,  my  lord,  but  it  vras  about  iInI 
time  that  the  patient  was  under  my 
cure. 

Oatet.  Indeed  the  St.  Omers  men  do 
thorough -stitch ;  but  my  honest  wil 
cautious,  it  being  so  lonff  ago  ;  and  he  thilif 
a  minister  of  the  Church  of  England  (ailkif 
say)  speaks  to  a  very  day,  upon  a  mmk 
slighter  circumstance.  Pray  call  Mr.  Wi* 
liam  Walker. 

Crycr.  Here  he  is. 

Outci.  Swear  him.  (^Which  was  done.)  Be 
pleased,  Walker,  to  give  my  lord  to  UBdc^ 
stand,  when  it  was  you  saw  nie  here  in  Los- 
don  in  disguise,  and  when  it  was  yoii  sirore 
six  years  agone  at  the  Old- Bailey,  that  yoa 
saw  me  here  in  London.  Sir,  the  time  io 
controversy  is  this :  I  came  here  to  discover i 
Plot  of  the  Papists  against  the  king*s  life  tod 
the  religion,  and  1  swore 

L.  (J,  J.  You  must  not  ask  questions  in  tint 
manner.  It  is  profierest  for  you  to  prop6se 
your  questions  to  the  court,  and  they  will  wk 
the  witnesses. 

Oates,  I'hen  I  will  not  ask  him,  but  propoie 
it  to  your  lordship. 

L.  C,  J.  Ay,  propose  what  questions  jt* 
please,  and  if  they  arc  fair,  I  will  ask  them. 

Odtes.  Then,  my  lord,  1  would  ask  Jb. 
Walker  this  question  ;  when  it  was  he  metnt 
with  a  disguise,  in  what  year  and  what  moatbf 

Walker,  J^ly  lord,  I  have  been  interrogald 
in  former  times  upon  this  point,  six  or  setci 
years  ago;  and  I  do  confess  I  did  scetbeffliBr 
and  met  him  between  St.  Alartin's-Lane  td 
Leicester- fields ;  and  truly,  my  lord,  I  ihiik 
I  ma^  say  it  was  my  unhappiness  to  wtd 
with  him ;  for  I  have  had  a  ppneat  deal  of  tita- 
ble  by  it  since,  subpcena  upon  sobpoena,  M" 
ble  alter  trouble,  that  1  am  even  weary  ifi^i 
foe  I  am  an  old  man.   Butldoii^ltfijM^ 


1161] 


STATE  TRIALS,  l  James  II.  l6ss.—far  Perjury. 


[1162 


kimatthatendof  thetowD,  between  St.  Mar-        Walker,  I  was  not  examined  at  any  tim« 
tioVLane  and  Leiceiter- fields  in  a  strange    but  one. 

A^iie ;  he  was  just  like  a  vagrant,  a  very        L,  C.  J.  Have  you  any  more  questions  to 
niGal,  and  that  is  true,  I  believe,  my  lonl.  ask  him  ? 

Alt.  Gen.  Did  you  know  him  before  i*  Walker.  My   lord    chief  justice  that  then 

Walker,  Yes,  or  I  had  not  known  him  then,     was,  did  nsk  inc,  It'  I  knew  any  of  the  pri- 
X.  C.  J.  When  Iras  this  ?  sonors  at  the  l)ar  ;  and  I  looked  u(M>n   all  of 

Walker,  Aly  lord,  I  will  tell  yon  ;  my  lord  them,  and  said  1  knew  not  fiiherof  them, 
dief  justice  »cro^,  when  1  was  at  the  Old-  Oata,  Pray,  my  lunl,  a:»k  liiin,  whether  ha 
Buley,  asked  me  it  I  knew  what  time  1  saw  |  was  not  prodiic«d,  when  the  St.  Omrrs  men 
Um  thus  ?  Said  I,  my  lord,  it  is  almost  a  |  were  produced,  and  ;;avc  his  evidence  as  to 
rear  and  an  halt'since  I  saw  him ;  and  I  beingr  j  my  being-  in  town  at  that  time, 
tn  old  man,  little  thought  it  worth  the  while  I  X.  C.  J.  He  liears  the  ([uestiou,  let  him  an- 
a  lay  up  the  particular  time  in  my  memory  :  !  suci-  it. 

«t  1  will  cast  about  in  my  thous^hts  lo  make  i       Walker,  I  am  not  able  to  answer  you,  be- 

Im  best  conjecture  I  can ;  ror  now  I  will  not  be  I  cause  you  put  severul  questions  together  ;  but 

ipon  my  oath,  it  being  but  conjecture.  {  this  L  say,  I    was  never  examined  but  once, 

L,  C*  J.  But  now  you  are  upon  your  oath,  i  though  I  iiave  been  subpcenaed  oiVen,  to  my 

rt]iat,man.  j  grout  torment  and  trouble. 

'      Oates.  Did  you  give  evidence  at  that  trial, 
that  you  saw  me  in  April  1678  ? 

Walker,  1  testified  that  1  saw  you,  and  by 
such  circuniStanees,  it  must  be  about  suc^h  a 
time  as  well  as  1  could  suggest ;  but  I  could 
not,  nor  cannot  speak  positively. 

Oatcs,  Now.  my  lord,  I  shall  go  on  to  ano- 
ther part  of  my  evidcnoe,  and  call  some  other 
witnesses  ;  and  first  td'  all,  i  come  to  Mr.  Ser- 
jeant Maynard,  and  1  de.«ire  he  may  be  sworn. 
[Which  Was  done.] 

X.  C.  J.  Vi'liat  do  you  ask  my  brother 
3Iaynaixl  t 

Gates.  I  call  ]\Ir.  Serjeant  Maynard  to  give 
an  account  of  the  proi'i^dings  of  the  House  of' 
Commons  up(»n  my  discovery  of  the  Popish 
Plot. 

X.  C.  J.  Wc  will  not  admit  that  to  be  any 
evidence  at  all ;  nor  can  it  be  by  law. 

Oa'es.  My  lord,  Mr.  Sc^rjeaiit  Maynard  waa 
one  of  the  committee  of  the  lliuise  of  Com- 
mons that  managiHl  the  Impeachii.ent,  and  can 
give  an  aci'ount  of  the  evidence  and  records 
that  were  prod uceil  at  the  trial  of  the  lute  vis- 
count StdfTord. 

Seij.  Maynard,  i  know  nothing  truly,  nor 
i  can  I  remember  any  thing  of  it  now. 

L.C.J,  He  says  hercmemheis  nothing. 
Serj.  Maunard.  If  Mr.  Gates  lia<l  told  me 
befbre-hanJ,   uhen  he  subpceuaed  me,  what 
time,  and  whu^  particular  things   he  would 


Wmlker,  My  lord,  I  am  speaking  Wliat  I 
■id  to  the  court  at  that  time. 

L.  C.  J,  Pray  do  not  tell  us  an  old  tedious 
torv  of  the  questions  and  answers  in  the  Old- 
lailey,  but  mind  what  is  said  to  you  here ;  my 
oestioo  is  now,  what  time  you  saw  Gates  dis- 
liiaed  between  St.  Martin's- Lane  and  Leices- 
er- fields,  as  yon  say  you  did. 

Walker,  My  lord,  I  cannot  prescribe  the 
IBM ;  but  I  will  guess  as  near  as  I  can  with 
he  best  probabDity,  and  that  is,  upon  tliis  cir- 
SMMlance  ;  when  I  went  fonvani  into  Ibices - 
^-fields,  in  the  court  before  the  house,  I  saw 
he  dm- trees  budded  forth  as  big  as  an  bazle- 
Ml ;  ao  that  I  did  conjecture  by  that  token,  it 

9bt  be  between  Lady -Day  and  tlie  latter 
of  April ;  that  was  the  time,  as  ni>ar  as  I 
noUgucss. 

L,  C.  J.  In  what  year  was  it  ? 

Walker,  I  cannot  very  well  tell  what  year 
kwas. 

L,  C.  J.  Was  it  in  1677  or  1678  ? 

Walker,  Truly ,  my  lord,  I  never  thought  it 
Nrth  so  much  taking  notice  of,  to  &x  the  par- 
ienhr  time  in  my  memory. 

Oaiti.  Whether  was  it  that  year  the  Pk)t 
vu  discovered,  or  the  Michaelmas  following  ? 

Walker,  I  cannot  tell  when  the  Plot  was  dis- 
Mered,  or  whether  it  be  found  out  yet  or  no  ? 

Oate$,  P'lt  was  it  the  year  before  >ou  were 
Esamined  ? 

Walker.  To  answer  you,  Mr.  Gates,  when  '  hove  examined  uiJ  to,  prolKioly  it 'I  u as  there, 


I  was  exactly,  I  cannot  say  ;  truly  I  would 
pie  you  the  best  satisfaction  I  could,  and  do 
foa  as  much  right  as  I  would  do  myself.  I 
kiakif  that  time  when  I  was  examined  were 
i  1677  or  1678,  it  was  near  a  year  aud  a  jcant 
|Hrter  before  1  did  see  you. 
X.  C  J.  Well,  what  can  you  make  of  this  P 
Oaies,  It  is  not  to  bci  KupiK>s*Hl  he  is  a  very 
^^"       witness  ;  but  yet  ue  says,  it  was  a  ) 


1  have  notes  that  I  thun  took ;  but  I  eaii  never 
I  swear  to  my  uieuiory ,  for  any  cause  so  long 
,  ago. 


ynruid  a  quarter  before  the  trial  in  which  he 
*«  eiamined,  which  must  be  in  April  167^1 

L,C,J.  1  would  know  this  question  of  you  : 
2^  you  present  at  the  Gld- Bailey,  wheu  the 
Ai  Jesoita  were  tried  ? 

^alkir.  I  was  there,  my  lonl. 

L  C.  J.  Were  you  at  any  ti  ial  but  one  I" 


Oaten,  My  loid,   I  am  very  sorry  Mr.  Ser- 

mt  Muynard's  age  shuuid  so  urnpair  his 
mei.iory. 

X.  C.  J.  I  dare  say,  you  are  not  more  soiry 
tha  •  he  is  for  his  age. 

Oatct.  Weil,  my  lonl,  I  cannot  help  it : 
theu  1  tlesire  Mr.  Hlayney  may  be  asked, 
whether  be  has  his  notes  of  my  lord  Stafford^a 
trial. 

hlayney.  No,  my  lord,  I  have  them  not 
here  ;  !^lr.  Gates,  by  his  ticket  of  his  sub- 
poena, desired  only  the  notes  of  Ireland,  White* 
bread,  aud  Lbluk,uwu'i  V(\a\. 


116S]         STATS  TRIALS,  1  James  IL  \6s5^THal  o/TUmM  Oaie$,        [1164 

JL  C.  J.  But  t  must  tell  you,  Mr.  Gates,  if 
tfaoie  notes  were  here,  they  could  be  of  do  ute  to 
you,  without  the  record  of  my  lonl  Stafford's 
attainder;  if  you  ask  any  X\{\u^  upon  another 
trial,  you  must  produce  first  the  record  of  tliat 
trial,  and  then  you  may  examine  to  what  was 
given  in  evidence  at  the  trial. 

Omtet,  My  lord,  it  is  of  record  in  the  House 
«f  liOrds. 

L.  C.  J.  But  that  we  are  not  to  take  notice 
•f,  without  the  record  be  brought  in  evidence 
More  us  :  we  must  {^  acconliug  to  the  course 
of  law  in  all  cases. 

Oatu,  Then,  my  lord,  Imust  betake  myself 
to  another  part  of  my  defence  ;  and  that  is,  to 
i^vove  the  frequent  attempts  made  to  Iwffle  the 
discovery  of  this  Popish  Plot,  and  to  stifle  the 
murder  of  sir  Edmnndbury  Godfrey,  and  to 
flmg  it  upon  a  Protestant  peer. 
•  JL.  C.J.  But  that  is  no  evidence  neither. 

Just  HolUncay.  Surely  that  is  very  collateral 
cridence. 

L.  C.  J.  Nay,  it  is  no  evidence  at  all  in  this 
ea«e ;  we  must  not  admit  of  any  such  evidence 
to  be  given. 

Oatei,  Good  my  lord,  if  this  had  not  been 
true,  which  was  sworn  by  witnesses  that  had 
disooverefl  the  Plut,  why  sLould  these  men 
mppear  to  suborn  witnesses  (and  they  have 
been  convicted  of  subornation,  and  endeavour- 
ihg)  to  baffle  the  discovery,  particularly  as  to 
jiutice  Godfi:ey'84lcath  ? 

JL  C.  J.  Mr.  Oates,  I  must  keep  you  to 
•ridence  that  h  proper  ;  we  are  upon  our  oaths 
to  ^  accordinc^  to  law,  and  the  jury  are  upon 
their  oaths  to  try  this  cause  according  to  the 


eanse  it  is  a  record  ;  hot  there  is  a  vast  difir- 
,ence  betwepn  the  Rec«mls  of  the  House  of 
Lords,  and  the  Journals  of  the  Hour  of 
Commons. 

Oates.  The  Journals  have  been  delivered  la 
as  evidence  before  now. 

L.  C.  J.  I  cannot  tell  what  they  have  been, 
but  I  am  sure  they  ought  not  to  ble,  and  whti- 
everthey  have  been  elsewhere,  they  cannot  be 
here  ;  and  I  will  tell  yon  a  plain  reason  forit, 
because  they  have  not  so  much  power  in  tin 
House  of  Commons,  as  to  give  an  oath :  Imt 
the  House  of  Peers  is  a  court  of  reconl,  wai 
therefore  their  proceedings  are  evidence,  a 
the  proceedings  of  the  King's- bench  here, « 
any  court  of  record  are. 
'  OaUs.  Then,  my  lord,  if  that  part  of  mj 
evidence  be  over-ruled,  before  I  come  to  m 
up  my  evidence,  I  desire  to  offer  this  tk^p: 
my  lord,  I  can  produce  several  memben  of 
the  House  of  Commons  m  the  several  pMlki- 
ments,  that  can  remember  how  they  oroaM 
against  the  Lords  in  the  Tower,  andf  the  Pofflh 
traitors,  upon  my  discovery,  and  what  cmbt  I 
had  in  the  House  of  Commons ;  will  tfait  k 
evidence,  pray  my  lord  ? 

L.  C.  J.  No,  it  will  not ;  if  you  will  produce 
any  one  that  you  told  this  to  before  the  {mUc 
discovery,  that  may  be  e^-idence  such  a«  it  ii^ 
and  is  often  allowed  ;  but  what  the  House  tf 
Commons  did  upon  the  discovery,  that  is  sit 
any  evidence  at  all. 

'Oates.  Then,  my  lord,  suppose  I  can  pntt, 
that  I  gave  an  early  and  timely  account  toaiy 
of  the  House  of  Lords  of  this  conspiracy,  aol 
did  acquaint  them  with  the  consult  in  A'pril  u 


evidence  ;  and  we  are  bound  to  give  them  this  |  part  ot  it;  1  desire  to  know  whether  lo  |iro- 
advicein  point ot'law,  that  nothinsT  must  weigh,  I  ducing  any  of  those  lords,  I  shall  give  ibil 
or  have  any  coosiderutiun  with  them,  that  you  |  which  is  eVideuce? 

offer,  if  it  Iw  not  legal  and  pnjjier  evidence.  If '  L.  C.  J.  Cull  whom  jou  will  that  vou  toW 
you  can  say  and  prove,  that  any  of  the  wit-  !  any  thing  to,  that  is  a  sort  of  evidence,  1  tA\ 
ncsscsthat  have  been  produced  this  day  against  '  you. 

Oates. 


Tou  have  been  tampered  with  ;  or  tiiat  they 
nave  tampered  with  any  of  the  Ibrmer  evidence, 
that  is  a  good  evidence  against  them  ;  but  it 


Then  I  call  my  lord  of  Devonshire. 
L.  C.  J.    Here  is  my  lord  of  Devonshire. 
Oates.    My  lord,  I  beg  your  pardon  fur  the 


must  not  be  by  any  means  admitted,  that  the  >  trouble  I  put  your  lordship  to ;  but  your  M< 


time  of  the  court  be  taken  up,  ur  the  jury  iu- 
▼eigled  by  that  which  has  not  a  natural  ten- 
dency to  the  business  before  us. 

Oates.  but  if  your  lordship  please,  this  con- 
sult in   .ipril    1678,    was   discovered    to   the  \ 
House  of  Common^:,  among  the  other  parts  of  • 
the  discovery  of  the  treasons  of  w.veral  noble-  : 

men  and  ^^entlemen  :  now  upon  the  discovery  I  that  time  a  member  of  \lic  Commons  House) 
of  the  Plot,  f  desire  that  I  might  give  in  proof  "  what  account  I  gave  there  of  this  ^Mlrticullr 
the  proceedings  of  the  House  of  Commons.         |  consult  (to  keep  to  that  point  that  is  here  in 

L.  C.  J.  .\o,  i.o,  you  cannot.  |  question)  be'orc  the  court  this  day,  am!  vitb 

Oates.  I'lav,  my  1f»rd,  is  not  the  Journal  of  .  what  cre<lit  1  was  received  in  all  the^e  |>ariU- 
the  House  of  CoiuiHon'C  evidence  ? 

L.  C.  J.  N«s  we  -sii}  it  is  n(»t  at  all. 


ship  sees  the  necessity  of  it :  it  is  for  the  juiAi* 
ticaiion  of  tlie  truth,  to  which  1  will  give  mj 
blood  for  a  seal,  if  1  be  calletl  to  it. 

L.  C.  J.  My  lord  of  Devonshire,  your  lord- 
ship must  be  sworn.*     [Which  t\ a/donc] 

Oates.  Will  your  lonlship  pkv.s«*  lo  acijiuifil 
the  court  and  the  jury  (your  lordship  hein;f  at 


Oatts.  Is  tU^t  tiie  opinion  of  the  whole 
tourt,  my  I(»n4  ? 

L.  C.  J,  Yes,  uudoubtedlv,  there  is  no  ques- 
tiod  of  it. 

Oa(ef.  Is  any  record  of  the  House  of  Lords 
tvidencc  ? 

JL  C.  J.  Yes,  I  tell  yoult'Vi  AodtiiiXVe- 


ments ;    for  my  credit  and  the  credit  U*  ii»e 
parliament  i^  now  in  question. 

Karl  of  Devonshire.  My  lord,  all  I  can  siy 
to  it  is  this ;  you,  Mr.  Oates,  gave  a  long  ac- 
count of  a  consult  and  conspiracy  anions;  A* 

♦  See  lord  Stafford  s  Case,  vol.  7,  p.  14*" 
and   the  passages  referred    to  is  tb«  N^ 


V 


i] 


STATE  TEIALS,  1  Jamba  IL  l6SS^for  Pifjwy. 

remember  any  parti- 


[1100 


lilts:  but  I  GimK>i 
ir»  it  U  $0  long- a(;ro. 
'   C,  J.    Ev^ry  boiJy  ktiaws  this,  van  g^ye 

Nan*ativc  m  to  tlie  House  ofCommous 
Imise  of  Lords  too. 

Ay,  and  it  was  a  true  one ;  but  my 

}e?oni»(iire<,  1  dfsireyiKvr  iordship  would 

to  gi^e  the  eoiut  and  tbe  jury  an 

Dt,  witb  ivliat  credit  I  uits  received  io 

three  parliaments  your  lordship  sat  us 

nbcr  in. 

I,  of  Devonihire.    1  remember  that  the  two 

unioiilei'  parliaiiTCntsurttt  the  Long  Parlia- 

vt^  were  so  sati&ded  wUh  the  dlscuvervt  that 

fey  passed  a  Vote  in  the  House  of  Coni- 

DS^ 

C,  J.    The  Votes  of  the  House  of  Com- 

i  are  no  **vi deuce  at  all, 
tf^.    Tliey  sbeir  what  opioioD  the  par!ia* 
i  wiis  oi\ 
__  C\  X    Ulanv  Tf>tes  that  have  been  made 
Ble,  I  hope  will  neither  be  evidence  lor,  nor 
;  in  prai'ttce  attain,* 

1,  of  Dcvifmhirf^   My  lord,  it  is  well  known 
kil  tbe  M  arid  tlie  vote  I  speak  of 

C  J.  NaVi  "ly  l<^rd,  I  8 peak  not  to  your 
sbtp;  for  w«  utl  know  those  votis  ihHt  1 
*:  of  were  not  aceordinjj  to  yotir  lordsbip^s 
nd :  but  we  only  say  thus  in  g:enersil|  thsit 
the  House  of  Com  mens  cannot  |t»-ive 
t  oath,f  therefore  what  is  done  there,  is  not 
It  evidence  here,  or  in  nny  court  of  record, 
Vaict.  But,  my  lord,  that  I  must  urge;  I 
Lnerceivtf  that  in  the  time  of  parhament,  and 
^n|f  the  sittini^  of  the  Hou!>e  of  Commons, 
iliave  been  iiroug-ht  in  as  bars  to  the  pro* 
jiinffs  of  inferior  courts ;  and  this  court  A<yes 
\  \o3k  upon  itself  as  su|M2rior  to  the  fpreat 
i  of  piriiameut :  and  then  if  tbey  may  be 


J,    Which  thev  cannot  be,  nor  never*  therefore  it  is  hard  measure,  that   i   must  b^ 


e,  nor  I  am  sure  ought  to  be  ;  nor  1  hope 

er  will  be  as  long*  as  there  is  any  justice  m 

\  Ddtion. 

tet.  But,  my  lord,  you  will  allow  the  Rc- 
i  of  the  House  of  Lords  to  be  evidence  1* 
,  C.  /,  Yes,  I  tell  you,  I  will,  and  for  that 
tm,  because  tbey  are  Records  out  of  a 
t  of  Record  :  an  order  of  Court- Baron  is 
idencse,  because  it  is  no  Court  of  Record  ■ 
\  Jud^ent  of  a  Court- Leet  is  evidence, 

ause  it  is  aCourtof  Hecord ;  and  thcre'sthe 

erence, 

7atn,    ]\Iy  lord,  I  call  in  the  next  place  my 

\  of  Ang^lesey^  if  ht-  be  in  court. 

'  C  J.    No,  he  is  not  here, 
aU$.   Pray,  will  you  give  me  leave  to  call 

f  Lord  Keeper  thetj  t 

~  ,C.  J.    fie  in  the  Court  of  Chancery, 
er  ray  Lord  Keeper  be  there. 

See  Peake's  Compendium  of  ttit3  Laiv  of 
iidence,  ch.  3,  s.  *i, 

\  See  Hntseirs  *  Precedents  of  Proceedings 
In  ihe  House  of  Commons,'  ^c.  toL  3,  title, 
House  of  CotQiuons  can  ad- 


Cfjer.  No  my  lord,  he  is  not ;  he's  gone. 

Oates*  He  was  subpneoa'd,  my  lord,  and  %, 
can  have  afh davit  made  of  it :  he  wa^  a  toat^, 
rial  witness  Ibr  me- 

X,  C»  J*    1  ciinnot  help  it ;  he  is  not  here.   \ 

Oates.   Pray  call  my  L*jrd  Chief  Baron.*   , 

L.  C.  J.  Go  one  of  you  into  t  he  £\cbequerw 
and  see  if  my  Lord  Chief  Baruu  be  there,  ana 
tell  him,  Mr.  Dates  calls  for  him.asa  witnesf. 

Oal  cs^   A  n  J  M  r.  J  ustice  Levinz . 

Cryer,  The  courts  are  both  up ;  and  they 
are  all  gfone. 

Gates.  They  weresubpccnaM,  1  am  sure,  tobv 
here ;  well,  go  and  see,  whetl>er  they  are  or  no^ 

Z..  C.J,   In  the  mean  time  do  you  call  soj 
other  witnesses. 

Oaifs,    1  calt  my  loni  chief  Justice  Jones. 

L,  C,  J,  The  cryer  is  gone  to  look  for  IhB 
judg-fs. 

Unlet,   Then  I  call  my  lord  of  Clare. 

L.  C.  J.    Here  is  my  lord  of  Clare. 

Earl  of  Clare.  My  lord,  I  can  remember 
nothing,  it  is  so  long  time  a^o, 

L,  C.  J,  My  lord  of  Clare  saysi  he  can  re* 
member  nolhioif. 

On  let,  1  only  call  my  lord  of  Clare  to  ask 
him  one  4|uestion,  which  I  hope  hts  lordship 
will  remember. 

h,  C.  J,  Swear  my  lord  of  Clare.  [Which 
was  done].    Wdl,  what  is  it  you  ask  my  lordf 

Gates,  My  lord  of  Clare,  the  i^uestion  I 
wqM  ask  your  lordship  is,  with  what  credit  I 
was  received  io  the  House  of  L^rds  upon  my 
discovery  j  and  that  you  will  to  the  best  of 
your  memory,  jpve  my  lord  and  the  jury  an 
account,  how  the  House  of  Peers  proceeded 
upon  my  evidence  ? 

Earl  of  Clare.  Truly,  my  lord,  I  cannot 
§five  any  account,  it  is  of  so  long  standing. 

Gates.    It  is  a  great  while  affo,  my  lord,  and 


brought  to  this  trial  so  long^  after. 

L.  C.  J.  If  it  be  a  long  time,  we  cannot 
help  it :  we  cnnnot  force  people  to  prosecuii 
sooner  than  they  will  do. 

Gates,  1  desire  Mr.  Baron  Gregory  may  \m 
called. 

L.  C.  J.  He  is  not  here,  bat  see  and  call  my 
brother  Gregorys ;  I  hear  they  are  all  together 
in  the  Treasury. 

Otttci,  Then  I  call  Mr.  VVilliama,f  that  wai 
8{»eaker  of  the  House  of  Commons. 

L,  C.  J.  Here  is  Mr.  Williams.  [He  wag 
sworn.] 

GaleSi  I  desire,  Mr.  Williams,  because  yo« 
were  then  Speaker  of  the  Commons  House  of 
Parliament,  you  woultf  be  pleased  to  tell  what 
\mt  remember  concerning  the  credit  I  received 
in  that  parhnment,  in  which  you  were  Speakarg 
U[»on  the  discovery  I  made  oi  the  Poptsn  PIot| 
aiid  particularly  as  to  the  consult  of  Jesuits  to 
kill  Uie  late  king  in  the  month  of  April  1678* 


1167]  STATETRULS,lJAMB8n.l685^7H«;4^1lfwOMc^ 

'Mf.  Wiliiami,    My  lord»  my  rnemoiy  is 
Mfrer  very  good ;  but  es|iedaUy  in  a  case  that 


til 


»  al  sach'aTlistaiice  of  time,  and  which  coD' 
aists  of  80  many  particiilan  as  this,  I  mean 
Mr.  Oates's  disco?ery.  Bat  this,  my  lord,  I 
do  rememl>er ;  he  was  examined  at  the  bar  of 
the  House  of  Commons,  and  ga?e  a  k>nff  ac- 
coimt :  hot  it  is  more  than  any  man  can  do,  to 
tell  every  particiilar  that  is  said  in  that  House. 

JL  C.'J.  Was  he  upon  his  oath,  Mr.  Wil- 
liams, at  the  bar  of  the  House  of  Commons  P 

Mr.  WifJiamn,  My  lord,  he  f» as  as  other 
ineh  are,  that  are  examined  in  the  House  of 
Commons. 

'  L.C,  J.  We  aU  know  it  could  not  be  upon 
Mtfb,  they  have  notpovrer  to  give  an  oalh. 

Mr.  WiUianu.  What  reputation  he  was  of, 
f  cannot  say  so  wdl,-  as  what  their  proceodings 
did  testify. 

X.  C  J.  Nor  in  case  they  did  believe  him 
never  so  much,  is  it  any  thing  to  this  question ; 
which  is,  whether  he  swore  true  or  false  at 
Ireland's  TVialP 

Mr.  Williamt.  My  ilord,  when  a  person  is 
iNtnight  to  the  bar,  there  to  be  a  witness  in  any 
cause,  every  body  is  siTent,  and  the  witness  is 
lieard  what  ha  has  to  say ;  and  so  was  Mr. 
Cites.  When  he  had  done,  he  withdrew ;  but 
what  the  opinion  of  the  House  was  upon  it,  I 
tnost  snbnut  to  their  Votes  and  Resolutions. 

X.'  C.  J.  Which,  you  know,  Mr.  Williams, 
•TO  no  evidence. 

V  Mr.  Williamg.  That  I  must  submit  to  the 
4ioarC. 

Gates,  I  desire  my  lord  of  Clare  would  be 
pleased  to  tell,  if  he  remembers,  what  credit 
tlie  House  of  Lords  gave  me  upon  my  dis- 
covery. 

E.  of  Clare.  My  lord,  I  do  not  well  hear 
Mr.  Ontcs's  question. 

•  Gates.  My  lord,  my  question  is  this,  When 
I  was  brought  to  the  l>ar  of  the  Lords  House, 
wliether  1  did  not  receive  the  thanks  of  the 
Lords  House  ft>r  my  discovery  ? 

E.  of  Clare.  Truly,  Sir,  at  the  beginning 
of  the  discovery  of  the  Popish  Plot  I  was  not 
in  town,  nor  in  the  House. 

L.  C.  /.  But  now,  Mr.  .Gates,  1  hope  you 
are  satisfied  by  the  answer  that  is  given  l>y 
your  own  witness,  that  what  is  done  in  the 
Houlto  of  Commons  is  no  evidence;  and  I 
would  have  you  remember  that  is  the  reason  of 
it,  because  they  are  no  Court  of  Ileeonl,* 
and  because  they  cannot  so  much  as  give 
an  oath. 

Gates.  My  lord,  I  see  my  lord  of  Hunting- 
don is  here ;  and  though  I  did  not  subfKcna 
his  lordship,  nor  designed  to  have  troubled  him, 
yet  bein<^  here,  I  desire  his  lordship  would  give 
an  account  what  creflit  I  had  in  the  Uoq^  of 
Lords  up(»n  my  discovery. 


-  *  See  in  this  Collection  a  Note  to  the  Case 
of  Shirley  and  Fagir,  vol.  6,  n.  1191.  Mr. 
Hatsell,  vol.  S,  c.  4,  states  a  douot  whether  the 
Commons  Journals  are  publio  Records.  Hee 
M  Notn  to  Filzharria's  Caie,  vol.  8,  p,  336. 


)Mi 


L.C.  J.  Swear  my  loci  of 
[Whkh  waa  done.] 

Eari  of  Bmmiingibm.  I  do  MleMS  my  k 
Mr.  Oataa'a  ditoorery  firand  a  gvod  motiflm 
the  House  of  Lords;  butitwaagimndadai 
the  opimon,  that  what  be  said  waafnw,  aod  tt 
he  was  an  honest  man ;  for  w  IIk  House  tl 
accounted  him  to  be:  and  iipea  thia  it  i 
their  lordehipa  gave  cradit  ta  Ua  tcilinM 
And  indeed  had  Uie  matter  been  tnie»  it  wm 
high  importance  to  have  it  thoroi^y  a 
mmed:  But  ainoe  that  time  it  ben^  aMiH 
there  were  ao  many  and  great  cott£rafcii« 
falsities,  and  perjuries  in  hia  et idcoee^  ap 
which  so  much  inaooent  blood  hath  been  A« 
I  believe  a  mat  many  penona  who  werete 
cemed  in  tEe  triala  of  tboee  mdomnataw 
are  heartily  afflicted  and  sorry  Ibr  their  dm 
in  it:  And  I  ^o  belie?e  moat  of  the  Hoom  < 
Peers  havo  altered  tl\eir  opiniMi,  as  H  ii 
man's  credit;  and  look  nponhiAvideoeMi! 
do,  to  be  very  lake. 

L.  C.  J.  Do  you  hear  him,  Mr.  OatasF 

Gatet,  No,  my  lord,  I  do  not  very  wei. 

L.  C.J.  Then,mylordofHuntmgdoB.tH 
your  face  to  the  jury ;  and  say  what  yoo  a ' 
to  Us  over  again.    [Which  hia  lonbhip  did 
tlie  same  effect.] 

Gates,  Yet  J  well,  my  brd. 
-  Just.  Withins,  There's  your  credit  with  th 
House  of  Lojrds,  Mr.  Gates. 

Gutet.  My  lord,  I  called  you  in  to  aBM 
my  question,  as  to  somewhat  that  is  pait,  m 
not  to  give  your  judgment  how  yon  are  nda 
to  believe  now. 

X.  C.  J,  Nay,  but  with  your  favour,  it  wj 
to  declare  what  opinion  the  House  of  Lords  is 
of  you ;  and  he  says  very  well,  and  that  thiii 
in  truth  the  same  answer  that  must  be  gin 
for  the  judges  and  the  juries  that  tried  the  pen 

t)lc  upon  your  evidence.  Says  ray  lord  \ 
rluntingdon,  at  first  truly  I  md  believe  Mi 
Oates  did  swear  true,  and 'he  had  credit  vit 
nie,  and  so  Ite  had  with  others ;  but  now  opo 
t'uilher  examination  into  things,  and  in  prooa 
of  time  discoveries  have  been  made  of  the  troll 
and  that  what  he  swore  is  false ;  so  that  wnt 
believe  in  my  conscience  he  is  actually  foi 
sworn,  and  has  drawn  innocent  blood  upon  tb 
nation ;  and  nobody  will  believe  a  word  b 
says. 

Gates.  Well,  my  lord,  I  have  done  witba; 
lord  of  Huntingdon. 

Just.  Withins,  And  he  has  done  with  yon 
as  I  perceive. 

L.  C,  J.  Yes,  truly,  methinks  ye  ifaab 
hands,  and  part  very  fairly. 

Just.  IloUozcay.  There  s  my  lord  chil 
lijron  ;  what  say  you  to  him,  MrT  Gates  ? 

L.  C.  J.  Is  my  lord  chief  Imron  sworo? 

Crj/er.  Yos,  ray  lord,  he  is. 

L.  C.  J.  Then  what  do  you  ask  him.' 

Gates.  My  lord,  I  called  yc^ur  lordship,  I* 
cause  your  *  lordship  sat  as  a  commissioDcr  d 
Oyer  and  Terminer  in  the  01d->Bsik^,  at  U 
land,  W  hitebread  and  Lancbom*s  triah;  ^ 
that  which  I  call  your  lorddup  fyfp  ■  la  |l* 


169] 


STATE  TBIALS,  1  James  IL  i6b 5. —for  Perjury . 


[1170 


i  account  to  my  lord  and  tbe  jury,  of  the  j^h- 
**actiim  your  lordsliip  rctdva!  eoncLruinif  ilic 
ness  anil  fairness  of  the  evidenre  tlit;w  ileli- 
1  by  me  in  those  trtaLs» 
,  C.  Baron.  My  lurd,  I  canBOt  charge  my 
ury  with  it, 
L.  C,  X  He  says  he  enntiot  remember. 
U  C,  Baron.  No,  tiot  in  pitrlicular  \    but  in 
Deral  I  rememh-er  there  were  a  gi-eal  many 
f>iis  that  )^vf  evtderttie  in  those  trials  on 
i  one  side  antl  l!ie  «ther :  There  were  a  qfreut 
jiersons  Miat  eame  from  Si.  Oroers,  that 
s  evidente  there  M'  Mj.  Oates  being  at  St, 
trs,  v^ben  he  said  he  was  in  town. 
7uUi.  And  what  eredit  were  they  6i\  at  that 
e,  prav,  my  lot*l? 

[h  C.  baron.  \  think  they  were  persons  of 
eood    credit ;    they  wer«  gentlemen   of 
families;,  many  «>f  tbenu 
'Ja(<s.  Did  the  jury   beheve  them  at  that 

.  C  Baron,  I  cannot  tcll  what  the  jury  did. 

.  C\  J.  Nor  is  it  any  matter  at  all  what  they 

But  1  mk  yon,  uly  lord,  but  one  nueation  \ 

re  you  lieard  thisi  uvidenee  that  baf  been 

|en  herv  to  day  ? 

C  Baron.  No,  my  l'»rd^  I  have  not. 
C,  J,  If  you  hiid,'l  would  then  hare  ask- 
J  vou,  whether  you  l^elieve  him  now  or  notf 
iv  C.  Buron,. Truly,  mv  !ord^  I  never  had 
any  great  faith  m  him,  1  ilo  u&Hure  you,  as  to 
myself. 

.    Jii/st*  Withim.  Voti  hear  what  he  Kays^  Mr. 
v;  you  hatl  nefer  any  great  credit  with 

7nin,  My  lord,  I  am  not  ut  all  eoncerne<i  at 
1  value  myself  more  upon  my  own  inno- 
Hcy  and  iutej^rity,  than  any  man's  gtwd  or 
"  opinion  whatsoever. 

C\  J.  Ay,  your  innoeenry  is  very  gfreat ! 
«/ff.  Then,  my  lurd,  1  wdl  conclude  my 
dence, 

Ut,  Geu.  My  lord,  before  Mr,  Oates  gfoes 
kflutii  up  his  evidence,  we  have  lo me  other 
dence  lo  tfiwe. 

L  C\  /,  VVhat  say  you,  Mr.  Oates?  Will 
I  call  any  other  witnesses  to  this  point  ? 
7ai€t.  My  lord,  if  thty  bring  an}'  othpr  evi- 
1  hope  I  may  baye  my  luru  to  an- 
il. 
L  C.  J.  Ay,  truly,  if  tliey  brin^  any  new 
deuce  that  you  ii;iie  not  appriett  lo  already, 
forbid  ihul  ymi  should  not  he  heard  ;  bnt 
if  It  ouly  gives  an  answer  to  the  evidenee  that 
hms  beeu  given,  tiieu  yon  must  not  retort  on 
them  ;  ff|r  they  are  to  have  the  lust  ivord ;  but 
;  not  fit  withal,  that  you  shoubl  be  denied 
r  tbing-  that  is  necessary  or  really  of  advau- 
►  to  you, 

7ijtcs.  If  they  ofKjr  any  new  evidence  to  my 
eputauon,  the  cjiie4»litin  is,  whether  I  may 
fe  a  time  alhitted  me  lo  make   my  defence 
ftin^t  that  evidence  ? 

C,  /.    Ay,  ay,  in  God^i  name,  by  all 
ia* 
§tt.  Gen,  This  IS  the  usual  method  of  pro- 
iio^s  ;  hut  I  noujil  know  if  Mr«  Oates  bat 
VOL.  X* 


any  more  witnesses  to  examine  to  Ihiji  point* 
that  h«  basexaniinerl  to  already? 

Oatcf.    My  lord,  I  tlunk  I   have  no  further 
evidence  at  present,  till  1  bear  what  they  fu 
ther  &ay. 

Ail.  Gen.  TKien  may  it  please  your  lordship 
and  you  gentlemen  of  the  jury— ^^ — 

Oates.  I  hope  when  your  lordship  sums  up 
the  evidence,  you'll  rememl>er  what  has  been 
said  by  the  wituesscs. 

L,  C.  J.  Vou  may  assure  yourself,  I  will 
remember  uhatsoever  has  l>e<'n  said  on  the 
one  side  and  t*oliier,  as  near  a^  I  can  r  the  ^en- 
tlemeu  of  the  jury  are  men  of  undet^tiindinsr, 
and  I  see  they  take  notes,  and  Til  give  Ihem  all 
the  assistance  I  can, 

Outvs,  Truly,  my  lord,  I  have  some  mora 
witnesses  to  the  same  purpose^  if  your  lordship 
please  to  spare  time  to  bear  them. 

L.  C,  J,  Ay,  ay,  we  sii  here  to  hciir  the  wit- 
O^sses,  call  wboni  you  will. 

Odtti.  Is  my  lord  Lovelace  here  ? 

L,  C,  X  1  cannot  tell,  1  do  not  see  him  here; 
but  you  did  call  my  brother  Gregory,  there  hi 
is,  what  s»ay  you  u\  him  ? 

Outts,  Mr.  Baron  Gregory  \\»s  Speaker  of 
the  House  of  Commons  m  one  of  the  West- 
minster parliaments. 

L.  C.  J*    Swear  my  brother  Gregory. 

[Which  was  (Jone.j 

Oafct,  I  desire  your  honour  would  be  pleas- 
e<l  to  •rive  this  court  aud  the  jury  an  arconnt, 
you  being-  Speaker  of  the  House  orf'oinmtius, 
what  credit  I  received  thei«  in  thai  Hou^e  upon 
my  diseovery  of  ihe  popisli  (ilot? 

Bar.  Grti^oty.  My  lorci,  that  i«  a  pretty  ge- 
neral question,  it  is  not  possible  for  me  to  re- 
member the  proceeding  in  the  House  of  Com- • 
mons  8o  Uw^  affo. 

L.  C\  J.  But,  brotiier,  I  tell  you  what  hi 
means  by  it ;  he  would  have  you  to  an*«  ei 
ibiii  qufstion,  whether  he  was  ot'good  credit  in 
the  House  of  Commons,  or  not? 

Bar.  Gregorif.  ]  know  not  what  answer  to 
make  about  the  credit  be  there  had  ;  any  mem* 
ber  6f  the  House  of  Commons  may  give  at 
q^ood  and  better  an  account  in  ihat  matter  than 
1  ;  and  truly  1  do  md  remeud>er  that  Mr.  Oatei 
\%hs  l*e fore  the  liar  of  the  House  when  1  wai 
Speaker :  I  believe  ti  was  before  I  was  Speaker, 
that  he  was  examinef)  at  the  Coiutuun»  bar, 

L.  C.  J,    Well,  be  can  remember  notbiii^J 
of  it. 

Oufts.  Fs  my  lord  Lovelace  there  ? 

Crj^er.   He  liaa  Imtcd  called^  but  be  it 
here. 

Oates.  Call  n^y  lord  of  Stamford. 

€ri/er.   Ife  is  not  here. 

Outes.  Call  sir  Francis  Winnington. 

Ctj^er,  He  is  not  here. 

Oaiej^  Call  Silai  Titus,  esq. 

Cryer,  He  is  not  boie. 

Oaies,  Call  sir  George  Treby, 

Crif't,  He  is  not  here. 

Oatei.    Call  sir  Francis  Peroberfon  :  thoNTj 
have  been  all  sul^icena'ih 

Crt/cr^  He  ij*  Qot  here. 
4F 


1171]         STATE  TRIALS,  1  Jambs  IL  1585.— TVmJ  0fTHmM  Omiet,        [UTS 

V     Oates,  Ifl  my  lord  bisbop  of  Looilon  ?  * 

L,  C.  J.  Here  is  my  lord  bishop  of  London, 
pray  swear  my  lord  bishop  of  London. 

.  [Which  was  done.] 
Oates,  I  beg  your  lord»hip,  if  you  can, 
would  gire  an  account  of  your  remembrance 
in  this  matter :  your  lordship  was  often  in  com- 
mittees of  the  House  of  Peers  al^ut  this  busi- 
ness, and  from  first  to  last  you  were  in  the  com- 
mittee ibr  further  examination  of  tlie  popish 
ert ;  and  you  were  not  only  of  the  committee, 
t  you  also  sat  as  a  iMiron  in  the  House.  I 
humbly  beg  your  brdship  would  please  to  tell, 
■s  fiir  as  you  can  charge  your  memory,  whit 
reputation  I  liad  in  the  House  of  Lords,  where 
I  was  upon  my  oath ;  and  in  particular,  whe- 
ther vour  lordship  remembers  that  I  received 
the  thanks  of  the  House  for  the  service  1  had 
done  for  the  king  and  kingdom  in  the  disco- 

▼CTV. 

Just.  Holloway.  It  is  a  long  question,  my 
lord. 

L.  B.  qf  London.  It  is  so,  my  lord  ;  but  mv 
answer  will  be  very  short :  for  it  is  a  very  little 
I  can  remember  afler'so  great  a  distance  of 
time, and  the  transactions. have  been  public; 
nor  can  I  acquaint  the  court  with  any  thing, 
but  what  is  known  already  ;  and  that  is  this,  I 
remember  that  the  plot  was  discovered  by  him, 
and  his  discovery  was  received  as  evidence  at 
Ihe  bar  of  the  House  of  Lords,  and  believed, 
and  the  thanks  of  the  House  were  given  him  at 
that  time  for  it. 

i.  C.  J.    There's  sir  Geor^  Treby ;  what 
do  you  ask  him  ?  But  first  let  him  be  sworn. 
[Which  was  done.] 

Oales,  Pray  be  pleased  to  ask  sir  Geoi^e 
Treby,  who  was  chairman  of  the  committee  of 
■secrecy,  and  was  manag^er  in  the  trial  of  the 
lord  viscount  Stafford,  that  he  will  be  pleased 
to  tell  what  credit  I  had  in  both  houses  upon 
that  trial. 

L.  C.  J,  I  told  you  before,  you  must  urge 
nothing  of  that  trial,  unless  you  have  tlie  re- 
cord here. 

Oates.  Then,  my  lord,  I  desire  sir  George 
may  give  an  account  what  he  knows  of  the 
correspondpncies  between  Mr.  Coleman  and 
the  See  of  Rome. 

L.  C,  J.  No,  that  will  not  be  any  evidence 
at  all  in  this  case ;  for  that  is  not  at  all  here  in 
question. 

Oates.  Then,  my  lord,  1  desire  sir  Georffc 
Treby  may  speak  what  be  knows  of  my  credit 
in  the  House  of  Commons. 

L.  C.  J.  Ay,  what  says  he  to  that? 

Sir  G.  Treby.  My  lord,  I  can  answer  for 
nothing  but  my  own  judgment;  1  cannot  tell 
what  credit  he  had  with  any  particular  mem- 
ber of  the  House  of  Commons ;  1  do  remember, 
indeed,  he  was  there  several  times  at  the  bar, 
but  not  upon  oath,  but  as  others  usually  are 
there :  and  concerning  the  discovery,  there  \s  as 
a  vote  all  the  kingdom  knows  of,  that  they  were 


*  Dr.  Henry  Compton,  see  ia  this  Collec- 
tioa  the  Fh>ceediDgs  agouti  \iiiii|  a.tt.  V^l^. 


satisfied  there  was  a  plot,  bat  wWlhcr  ibt 
▼Ota  was  grounded  alftoeetber  opm  bis  ev»> 
denee,  or  how  for  upon  his  evMcnee  I  i 
tell,  nor  what  any  mao  thought  of  k  I 
myself. 

Oates.  I  desire  Mr.  Sen.  PleiiibciliNi  nghft 
be  called  again. — Cryer.  He  is  not  hen, 

Oates.  'Hien  pray  call  sir  WiUboi  Data. 

Cryer.  He  is  not  here  neither. 

Oates.  Then  I  call  ahr  Edwaid  Mam. 

Cryer.  He  is  not  here. 

Oates.  Call  Mr.  Richard  White. 

Ciyer.  He  is  not  here. 

Oates.  My  lord,  these  were  all  fl^bMa^ 
but  they  will  not  come;  tbey  are  oqgblei 
away. 

L\  C.  J.  We  know  nothmg  of  that,  tbey 
may  come  if  they  will. 

dates.  Call  Mr.  Thomas  Cox. 

Cryer.  He  is  not  here ;  bat  here  ii  Vr. 
White. 

Oates.  I  pray  he  may  be  sworn.  [WUck 
was  done.]  I  deiired  to  know  of  him,  wklhff 
he  were  not  a  jury- man  upon  the  trials  if  In* 
land  and  Whitebread  f 

White.  No,  I  was  not 

Oates.  Then  I  am  mistalcen ;  I  beg  ywr 
pardon  for  this  trouble. 

L.  C.  J.  Well,  there  is  my  brother  Dote 
come  now.  What  say  ^6u  to  him?  Swear Bf 
brother  Dolben.    [iVhich  was  dooe.l   . 

Oates.  May  it  please  you,  sir  WiUittHi  Dot* 
ben,  you  sat  as  a  ludge  upon  the  Triab  sf  Mr. 
Ireland,  Mr.  Whitebread,  and  Mr.  Laofim; 
^and  I  call  you,  sir  William  Dolben,  to  giitii 
account  to  my  lord  and  the  jury,  what  tnk 
my  evidence  had  at  those  trials,  and  how  lb 
jury  was  satisfied  with  it. 

L,  C.  J.  There  is  the  verdict,  man,  ibi 
finds  the  persons  you  speak  of,  guilty. 

Oates.  If  that  be  evidence  eooagh,  I  aniS' 
tisfied,  my  lord. 

L.  C.  J.  Is  not  that  better  than  hisopiiioi 
to  shew  hovv  the  jury  was  satisfied  ?  Ay,  Cf^ 
taiuly ;  better  than  the  opinion  of  all  the  twrivt 
judges  for  that  point;  they  would  nothaTecos* 
victcd  them  except  they  had  been  t»Md 
with  the  evidence. 

8ir  W.  Dolben.  Haveyou  done  with  me,  Sirf 

Oales.  I  have.  Sir. 

L.  C.  J.  Have  you  called  all  your  witacfls? 
or  will  you  call  any  more. 

Oates.  No,  my  lord,  I  will  call.no  moR it 
present. 

Att.  Gen.  Then,  my  lord,  we  willgiM 
with  another  oart  of  our  evidence.  GentloBCB, 
you  see  Dr.  Gates,  to  support  his  credit.  Ins 
i;iven  two  sorts  of  evidence ;  the  one  is,  sow 
records  of  trials  at  the  Old-B^iley,  wbcroD  bi 
had  the  good  hap  to  be  believed  ;  the  other  ii^ 
several  noble  persons,  and  other  gentlcaMB  ai 
to  the  credit  he  has  had  given  to  his  evidcMi 
before.  What  they  have  said  I  shall  not  mi- 
dle  with  at  all  at  this  time,  but  leave  theskso^ 
vations  that  are  to  be  made  thereupon,  tiO^ 
come  to  sum  up  the  evidanoe  for  the  fcii^* 
liut  aa  to  the  first  part  of  Jbii  cfiitooi^  thii«i 


V 


(ITS] 


STATE  TRIALS,  I  James  11,  3685.— /«w  Prijuf^. 


I 


to  the  records  profliicctl^  and  I  lie  v*  ntjctB 

rein  tpifCD.  and  ttie  opinions  of  tU«*juJg««,  we 

^ve  this  io  say  in  pfiint  of  evidc'tice  iia  an  aii- 

r.     Fin.t»  vrt  shall  protliice  to  5011  sevcial 

rdsy  ivherejn  Ke  tins  not  been  believed  ;  as 

at  of  iir   George   Wakemao,  arnl  my  lord 

tleinain  :  and  not  only  so,  but  we  filmlt  ac- 

y  prore  tUai  he  was  perjured  in  them  ; 

what  he  a  wore  against  tht'in  was  utterly 

,  auil  yon  n  Ul  liear  tliisi  was  not  the  tinfi 

that  lie  had  sworn  false  ;  tor  in  an  acrnsa- 

tliat  fie  gave  at  a  irlaJ  al  Ha&tini^sj,  we  ^hall 

~  he  Rwore  hugqery  upon  a  person,  which 

kved  false. 

Cat!  you  produce  any  such  record, 

'.  Attorney  P—j^rr.  Gen.  Ycs^  we  shall. 

X*  C  X  Oo  not  interruiit  the  kingf^s  conn- 

I ;  fet  them  go  on  ;  you  snail  be  heard  quiedy 

your  time. 

Sir.  Hatut$.  Nay,  Mr*  Oates  need  not  be  so 
v%y  as  to  ask  for  the  rectirdfi^  hy  degrees  we 
A  produce  records  enough  agaititt  him. 

(Jen.  We  shall  prove  also  by  the  Jour- 
Is  of  the  liords  House,  that  he  did  fursw*jar 
imself;  for  after  he  had   there  maile  a  long 
irrative  oftbe  plot,  being  asked,  wh ether  lie 
any  more  to  accuse  than  tliose  persons 
be  bad  naruetl,  and  this  n|)on  bts  oath ; 
id  there  swear  that  he  had  no  more  persons 
!.»  accuse. 

Oata.  That  were  members  of  that  House, 
it  was. 

L.  C.  X  Sir,  you  mut^tbe  quiet  till  they  have 
done* 

Att.  Gen.     But  soon    after  he  bethought 
m«M;if,  and  accuses  the  queen  and  htfi  roya! 
bne^sjs  the  doke,  our  now  present  sovereign, 
being  in  the  plot. 

Oatu.  What  ph>t  did  I  accuse  tbetn  of.' 
C.  X  Nay,  you   must  sit  down  and  be 
;  how  now,  will  you  not  let  the  king's 
\  speak  ?  Yon  were  beard  quittiy,  and 
ill  they  l>e  too. 

l<fi.  Well,  my  lord,  I  will  be  quiet. 
Gen.  These  things,  ray  lord^  will  shew 
M  cre<Ht  he  was  of  at  that   time.      Another 
we  say   to  these  recortis,  is  this  ;  there 
twootlier  wkne«ses,  Mr.  Clay,  and  Mr. 
besides  those  that  were  now  pnKluccdj 
were  tl»e  home*witrieiises,  that  did  po- 
rtly swear,  that  in  Aprii  and   May  1(>7S, 
was  here  in  town  ;    he  did  then  indeect 
e  use  of  those  othi^r  canting  witnesses,  ibr  I 
call  thein  any  otherwise,  that  beat  so 
the  bush,  and  speiik  of  uncertain ties^  ami 
>ntradict  one  another ;    hut  those  tbut  ]  nante 
and  Hinith,   were  ho  me- witnesses  ;  and 
lere  lay  the  credit  ot  bis  being  in  town*  when 
le  witnesses,  wliich  came  frojji  HU  Ouaers, 
say^he  was  beyond  sea. 

Oatct.  My  lord,  I  beg  I  may  ask  one  thing; 
b«ther  my  Ion!  bbhup  of  Loudon  be  there 
ilL 

h,  C.  X.  No,  my  lord  of  London  is  gone, 
Otttet.  I  am  aorry   for  it,  because  he  could 
bave  given  ad  acoount  of  this  Sioitb,  for  he 
knows  htm. 


An. 


otsti 


L.  C.  X  I  cannot  help  it,  you  thould  bava 
desired  liiin  to  stay  while  be  was  here  ;  go  od, 

Mr,  Attorney, 

Ait.  Gen.  I  will,  my  lord;  and  this  wbicb 
I  am  going  to  say,  a^v  ati  answer  to  \m  eviilence^ 
Will  ^tve  a  futl  aiL^wer  to  that  other  objection 
which  he  made;  which  was,  what  was  the 
reason,  when  he  had  ^wen  such  an  cvidooce 
so  long  ago,  It  should  be  delayed  so  long  ere  it 
was  prosecuted,  i  11  give  your  lordship  a  rea- 
son, and  a  satisfactory  one  i  Till  those  dis- 
coveries \\e,ii  made  that  have  laluly  been raadej 
the  evidence  these  witnesses  (jave,  canietl  a. 
proljability  of  truth  in  it;  and  sir  bichard  Barker 
itimself  added  his  testimony  to  it,  though  be 
€*oes  not  think  lit  now  to  come  and  confirm  it ; 
I  say  hitherto  it  had  some  semblance  of  truth, 
and  so  did  balance  the  other  testimony  of  them 
that  came  from  St^  Omers.  But  when  we  had 
discovered  that  it  could  be  testified  by  twenty 
persons,  that  had  not  been  at  any  of  the  former 
triah,  that  be  was  eL-rtainly  all  that  time  at  8t. 
Omeii;  and  whin  we  had  discovered  the  lam- 
jjering  and  practices  of  >Ir.  Gates,  in  suborning 
these  wihK'^ses  to  swear  as  corruptly  as  he 
swore  at  firsts  which  we  shall  shew  you  pal- 
pably to  bo  true  that  he  did  so  ;  that  gave  ui 
encouragement  lo  go  on  to  niake  enquiry  into 
I  lie  matter :  but  this  w;is  not  disi^overed  till 
half  a  year  ago,  or  thcreaWul^.  Now  us  to 
one  of  those  wituessea,  that  is,  iMr.  Clay,  the 
case  standi  thn<  :  indeed  I  expected  be  would 
have  bn>ugbt  the  same  wiluL-ssea  he  ditl  then, 
for  I  presume  they  are  all  ab<iut  tovvn,  but  be 
has  not  thought  fit  to  do  that :  this  Clay  was 
then  a  ]>riest,  and  a  prisoner  in  the  Cate  House 
for  that  very  reason,  as  being  accused  for  being 
a  Romish  priest.  While  he  was  there  a  pri- 
soner, Mr.  Gates  comes  and  threatens  him,  and 
solicits  him  to  «%ve?ir  that  he  wtui  here  in  town 
in  May  1678,  that  he  mi;ihl  be  provided 
t^ith  proof  against  what  the  Ivoys  of  St. 
Gmt-ra  (as  he  called  them)  won  I J  conic  to 
testify  J  and  threatened  him,  if  he  did  not,  he 
woubl  hang  him,  lor  be  coiihl  swear  him  to  be 
a  priest ;  and  tliis  wits  abuui  three  or  timr 
days  before  the  trial  of  the  five  Jesuits:  at 
length  they  came  to  a  bargaiu  and  agreemeoti 
as  you  ^vill  hear,  that  he  should  come  and 
swear  this ;  when  Mr.  Dates  ciinnot  pretend 
that  the  evidence  of  Clay  wns  known  at  all  by 
dny  of  tl>e  comniiitees  that  were  concerned  in 
the  management  of  bis  discovery;  or  that  be 
was  so  much  as  (houijfbt  of  foi*  a  w  imess.  But 
we  shall  prove  how  it  came  to  piiss  ;  and  I  fte* 
lieve,  if  Mr,  Oattrs  would  call  hiio  now,  (as  1  do 
not  <|UGslion  he  knows  where  to  have  him)  Clay 
would  not  be  so  harily  now  as  to  athrm  hfi 
former  lesthnony.  Then  a.s  iov  Mr.  Smith,  liis 
case  stands  thus  i  Mr.  ihitirs  had  sworn  hint 
into  the  plot>  as  )ou  wdl  tlnd  in  his  narrative 
that  he  ifave  in  U|>on  oath,  whieh  is  ipon  re- 
cord, and  entered  in  the  journal  of  the  Lords* 
Hou<^.  He  was  a  scho^dmatiter  in  Islington, 
and  Gatea  swears  high-treasou  against  him, 
and  tb ere U[»on  warrants  went  out  to  take  this 
Bnuth,  and  Mr,  Galeae  was  v^ry  violejit  m  tk* 


I 
I 


1 


i 


1I75J  STATE  TRIALS,  1  Jambs  II.  l6S5^TVial^TUm$  CM«.         [1176 

purauit  of  him  but  two  or  three  dajt  before  the  Sol.  Gen,  Do  yoa  remember  wWl  bt  unit 
trial :  and  then,  when  all  these  witnesses  from 
St.  Omers  were  come,  as  he  knew  ?erv  well, 
be  was  in  some  iloubt  his  design  would  have 
failevi,  and  then  does  he  prevail  with  Smith  to 
become  a  witness  for  him.  And  it  is  evident  he 
did  tamper  with  him,  for  that  which  was  done 
b;'  him  at  that  time :  for  now  he  ^ives  him 
under  his  hand  (to  shew  the  impudence  as  well 
03  villainy  of  the  man,  as  it  has  been  evident 
fnoucfh  in  all  bis  carriage)  a  paper  that  should 
give  him  authority  to  go  free  from  all  process 
and  arrests  upon  any  warrants ;  and  this  pro- 
tection under  3Ir.  Gates's  hand,  is  directed  to 
|dl  the  king's  officers,  thereby  commanding 
them  to  take  notice  that  this  Mr.  Smith,  whom 
before  he  had  accused  of  being  in  the  plot,  was 
an  boncvt  man,  and  employed  in  great  sen-ice 
lor  the  king  at  tliat  time.  This  |iaper,  when 
produced,  will  shew  the  time  when  it  was  made ; 
and  then  it  will  appear,  that  two  days  allerHmith 
comes  and  swears,  that  he  diued  with  him  the 
first  Monday  in  May  1678.  This  was  what 
Smith  swore  then  ;  and  upon  my  mentioning  of 
this  practice,  if  he  have  any  shame  in  him,  it 
must  put  him  in  some  confusion  ;  for  we  are 
prepared  to  prove  by  undeniable  testimony, 
that  Mr.  Oatea  did  not  dine  with  this  Mr. 
Smitli  that  dav  ;  we  shall  prove  it  by  the  whole 
family :  but  the  first  time  ever  Mr.  thites  came 
Ihere,  was  in  July  after,  when  he  came  into 
Bngland  from  St.  Omers,  which  these  witnesst^ 
any,  was  the  latter  enjl  of  June.  Then  it  was 
that  he  was  with  Mr.  Smith,  and  came  to  his 
bouse,  and  not  before.  And  we  sha  1  prove  by 
several  witnesses,  that  upon  the  question  being 
asked  of  3Ir.  Sfnitb,  h«nv  he  came  lo  testify  ; 
such  a  tliinjr ;  Ijis  answer  was,  1  must  have' 
died  fur  it,  if  I  had  not  done  it ;  it  was  only  a 
mistake  in  point  <if  time:  but  he  threatened 
me,  and  so  diil  some  others,  too,  that  he  would 
have  me  handed  for  being  in  ihc  pliK,  if  f  did  ' 
not  comply  wiili  him,  aiul  swear  t hi «<  for  hiiu.  ■ 
My  lorH,  f  shall  offrr  tiiis  evirientre  that  1  have  '. 
op.-ntd,  ;:nd  then  I  h«';.rt  we  shall  satisfy  the  ■ 
ji>r\,  ai;d  aii  th;(  \u  ii  his  trial,  that  iit>  is  one 
of  the  most  i  ijiorji.us  villains  that  hvtv  upon 
the  rarlli ;  to  be  suiu  that  ever  was  kuoun  in 
tills  kint^dcni.  j 

•Scj/.  Orn.  First,  my  lord,  we  v.  Ill  produce  I 
rur  rec(»nls :  where  is  the  record  of  sir  George  ] 
\\  akcman  ? 

Mr.  Suiji.  This  is  the  rec*.rd  of  sir  Georsfc  j 
WakeuKin,  and  tliis  is  a  true  (.*opy  ;  1  ej^a-  : 
inined  it.  I 

Sol,  Oen.  Pray,  sir  S'in.ucl  Astry,  road  a  i 
\tord  or  two  of  it. 

CI.  (f  Cr,    II  ore  is   an  indirtnient  against  , 
sir  George  Wukenian   for  h i  15 h- treason  ;    he  , 
pleaded  not  guilty  ;  and  hero  is  an  acquitlal  bv  I  VVakeman 
the  jury.  '  •  w  1  ^- . 

Alt,  Oen.  lie  Ining  acquitted,  I  desire  he 
may  be  sworn.     ^ \\ bich  was  done.  ] 

•SW.  Gtn,  Pray,  sir  George  Wakoman,  was 
Mr.  O.ites  sworn  agatost  you  at  the  trial  7 

fc^T  O.  IWiki miiu.   Yes,  Mr,  Solicitor,  he 


against  ^ou  at  that  trial  ? 

Sir  O.  Wakeman,  Yet,  I  do.  Sir. 

Sol.  Gen.  Was  that  true  that  be  swoce,  Vj 
the  oath  you  have  takeo  ? 

Outes.  Is  that  a  fair  question?  i  doiittbi 
opinion  of  the  court. 

L.C,J.  Ay!  Why  not? 

Oat  a.  He  was  'legally  aocmed ;  be  ctuil 
swear  himself  off. 

L.  C.  J,  But  he  is  legally  acqaitled  too ;  m 
have  a  record  for  that  here. 

Oatet.  Ay,  my  lord,  he  was  aeqiutted;  kii 
well  known' how. 

Sol.  Gen.  Come,  Sir,  was  that  be  tmn 
against  you  at  your  trial  true  ? 

L.  C.'J.  Wbat  do  you  say.  Sir  ? 

Sir  G,  Wakeman.  It  was  false  upm  mj 
oath,  my  lord. 

Sol.  Urn.  ^Vhat  particular!  dkl  he  swnr 
against  you  ? 

Mr.  PolUifen.  Ay,  pray  tell  the  paiticafan 
as  near  as  you  can,  what  he  swore  sgaiol 
you. 

Sir  G.  Wakeman,  My  lord,  if  your  lonkyf 
please,  I  will  give  a  little  account  iibst  hs 
swore  against  me  before  the  king  and  couodL 

Sol.  Gen,  That  will  not  do,  sir  George 
Wak<  man  ;  we  do  not  ask  you  that. 

1..  C.  J,  No,  it  must  be  only  the  evidence 
that  was  given  Ufton  this  acquittal,  which  btbt 
record  here  produced  liefore  us;  wbat  dkl  he 
swear  against  you  then  ? 

Sir  O.  Wakeman,  He  swore  at  that  trial,  ai 
near  as  I  can  remember,  that  I  undertook  fur  a 
certain  sum  of  money,  15,000/.  as  1  think  it 
was,  to  poison  the  king,  and  1  was  to  do  it  by 
the  means  of  the  queen.  I  was  to  pi  o«  ide  thii 
pois«n  for  her,  and  she  was  to  t>i%e  it  to  tii« 
king.  This  he  swore  at  my  trial,  w  hich  God 
forbid  it  should  be  true;  nothing  can  be  mure 
false. 

L.  C.  J.  I  ask  you  by  the  oath  you  iiau 
taken,  you  are  now  acquitted,  and  so  in  w 
danger;  and  being  u|Nm  } our  oath,  ou;;lit  10 
speak  the  truth,  without  malice  or  dl-uill  to 
him  that  did  accuse  you  ;  was  that  he  swun 
true  or  false  ? 

Sir  G.  Wakeman.  False,  false,  U|»on  invMih; 
I  speak  it  without  any  malice  against  the  muu 
in  the  world. 

Alt.  Gen.  Then  swear  my  lord  Castleuiaio- 
[Which  was  done.] 

Sii*  G.  Wakeman.  My  k>rd,  I  will  be  bound 
to  make  it  appear,  that  al|  he  bwore  against  uc 
was  fal>4e. 

Att.  Gen,  And  so  was  it  he  swore  ac^aiittf 
my  lord  CasUcmain,  and  others  that  wea*  a^ 
quitte<!.  at  the    same  time  witl^  sir  Gi-un.*v 


.S''.  Gen,  'Fir.a,  read  the  record  of  uj)  l«nl 
Casi!iuiiain's  acquittal. 

C7.  if  Cr.  Here  is  the  very  record  itself:  it 
was  in  this  court  my  lord  Castlemain  ntf  ii- 
dieted  of  high-trcasou,  and  tried  and  ac^uitta'* 

Att.  Gen.  My  lord  C-aatlemain,  pny  «W 
did  Gates  swear  against  you  at  your  W^ ' 


177]  STATE  TRIALS,  1  Jambs  II.  i6B6.—/pr  Pet  jury. 

|id  pray  tell  the  tourt,  wliefher  tbat  was  true 
f  Ikfse. 


[1178 


I  Earl  ^f  CnstlemQin,  My  lord,  as  near  as  I 
nember,  Mr*  Dates  did  ^wear  at  my  triaf, 
that  he  mei  me  in   Lincoln Vlaa- Fields^  aod 
it  he  went  with  me  someuhere  to  Mr.  Fen- 
jclt's  chamber  in   Duke-8Ueet  in   Covent- 
Litieiif  where  he  said  1   did  tulk  a  great  deal 
|[  treason,  and  a  ifreal  discourse  uf  tbat  kind 
\  said  tbere  was^  and  be  siwore  that  I  was  in 
reral  cal^^ls  in  reblion  to  the  kind's  <]tath. 
|9raa  a Acrward^*  acquitted  by  live  jury   that 
I  me*  oji  appears  l*y  the  record  ;  and  here 
ido  declare^  as  in  the  presence  of  God,  and 
Pith  all  the  imprecations  of  divine  ven^reance 
\  falJ  upon  me,  ii'  1  siieak  any  iKing  but  Ihe 
Bth,  tiiat  not  only  that  which  he  swore  was 
e*  but  that  1  never  had  any  thoughts  in  my 
%.xXj  much  less  did  ever  declare  in  my  words, 
faay  injnry  or  hurt  agniiist  the  tate  king:. 
Dd  D€?sideiJ,  that  1  never  saw  the  face  of  Gates 
I  my  life»  till  atter  I  was  put  in  prison  upon 
I  accumulation  of  me. 
\  Gates    Hy  lord,  I  desire  to  know  what  reh- 
Dn  that  noble  lord  is  of? 
\  £arl  of  CastUmain*  I  am  a  Roman  Catholic, 
J  lord. 

L*  C.  J.  We  all  know  what  religion  my  lord 
tof,  y'QM  need  not  ask  that  questjoo. 
Oates.  That  is  not  the  pointy  my  loix),  I  must 
liave  it  declared  in  evidence* 

JUC^  J,  I   wonder  to   see   any    man  that 
f  the  face  of  a  man ,  carry  it  at  this  rate, 
hen  he  hears  such  an  evidence  brotig-ht  in 
ainst  him. 

OaU§.  1    wonder  that    Mr,  Attorney  will 
to  bring  this  evidence,  men  that   must 
Ife  malice  ao^ ainst  riii' — ~ 
X,  C.  /.    Hold  jour  tong:ue  ;    you  are  a 
me  to  mankind.  ^ 

Oateg.  No»  my  lord,  1  am  noithera  shame  to 
self  or  mankind  :  what  1  hi&f  c  sirorn  ta  true, 
1  will  stand  by  it  to  my  last  breath,  and 
it,  if  occoi^ion  he,  with  my  blood. 
L.C.J.  It  were  pity  bat  that  it  were  to  he 
«e  by  thy  blood. 

Oatct.  Ah  \  Ah !  my  lord,  I  know  why 
Uiis  iS}  and  so  may  the  worlfl  very  easily  too. 
L.  C.  J.  Such  impudence  and  impiety  was 
ver  known  in  any  christian  nation. 
Oat  a.  But  thiti  will  not  do  the  work  to 
lake  the  Plot  to  be  disbelief  cd  ;  things  are  not 
be  done  by  great  noises;  I  will  stand  by 
le  truth. 

L.  C.  X  Can  you  think  to  out- face  such  evi> 
incc  OS  this  with  your  impudence? 
Optics.  But  1  hope  you  will  give  me  leave  to 
ike  my  defence. 

L*  C.  X  Then  carry  yourself  as  becomes 
u  in  the  court. 

Oates,  My  lord,  I  will  do  so. 
L.  C,  X  If  you  do  not,  we  know  how  to 
lake  you  do  lt>  you  shall  not  think  to  domi> 
i€f  here. 

Oaia,  My  lord»  I  hope  I  da  behave  myself 
p3  I  ought. 
L,  Q.  J,  Noy  you  do  nott 


Oaie%,  111  language  may  provoke  any  man'a 
passion,  ray  lord, 

X*  C\  J-  Keep  yourself  within  hounds,  and 
you  slmll  be  heard  ;  but  we  will  suffer  none  of 
your  extravagancies* 

OuUi.  My  lord,  if  I  had  been  aware  of  this, 
I  could  l*ave  produced  evidence  that  would 
have  supported  my  testimrjuy  in  these  matters. 

L.  C.  J*  Go  ou  witli  your  proofs,  Mr.  At- 
torney. 

Ait.  Ctn*  We  will  rlo  &o,  my  lord. 

Et.ofCasilemain*  Have  you  done  with  me. 
Sir? 

L.  C.  X  Uave  you  any  other  questions  to 
ask  my  lord  Castle  main  ? 

Alt,  Gen.  No  my  lord. 

L.  C.  X  Then  your  lorddhip  may  sit  dowu 
agfiin  where  you  were. 

Ait.  Gen,  Now,  my  lord,  we  slml)  shew  the 
Lords  Journal  where  it  is  recorded  that  he  swore 
he  could  accuse  nobody  else  but  those  that  he 
nametl,  and  then  we  sltall  give  au  account, 
that  soon  aik'i\  he  accused  our  present  aove- 
reiffnand  the  queen  dowager* 

Sol.  Gen.  Where  is  ihe  clerk  of  the  parlia- 
naent  f — yir,$&ifh  Here  be  is ;  Mr.  Walker? 

Att.  Gen,  Swear  him.     [Which  was  done.] 

6W.  Gen.  Mr.  Walker,  in  ihat  the  Journal 
of  the  House  of  Lords  i* 

Mr.  Wiiiktr.  Yes^  my  lf»rd,  it  is. 

SoL  Gen,  I>clivcr  it  In  to  the  clerk,  an4  left 
him  read  it. 

X*  C.  J.  Then  you  roust  direct  to  the  time, 
or  else  it  will  he  to  no  purpose. 

Mr*  Svift.  Kir  Samuel  Astry,  pray  turn  t# 
Friday  the  I9lh  of  November  1678. 

CL  ojCr\  Reads.  *  Die  Veneris  decimo 
•  nono  Novembris  167  B.^  Titus  Oates  being 
called  in  at  llic  bar,  tlesired  to  be  heard  a  lew 
wortls  before  he  was  sworn— 

X*  C.  X  Mr.  Attorney,  1  doubt  this  will  not 
be  e V  id  e  nee  :  1 1  is  on  ly  a  jw^ jc  r  of  w  h  at  he  tiaid , 
taken  before  the  Lords ;  but  now,  «  hether  that 
was  upon  oath  or  no,  is  the  question  :  nay  it 
appears  it  wa&  not  upon  oath  ,  but  says,  it  Was 
bciore  he  was  sworn. 

Ati.  Gen,  My  lord,  1  desire  it  may  be  read 
all  out. 

CL  ofCr.  Reiuh.  Titus  O.ites  being  called 
in  at  the  bar,  desired  he  mi^ht  be  heard  a  lew 
words  before  he  was  sworn  to  .<(peak  to  the  main 
business :  wliich  being  ^iimted  to  him,  he 
complained  of  the  restraint  he  la  nmler^  and 
being  debarred  of  the  liberty  of  his  fi  ieofls 
coming  to  him,  and  of  conversing  with  any 
bcjdy  in  private,  and  that  no  Knglishman  ought 
to  l>e  restrainetl,  unless  accused  by  one  or  more 
witnesses  ;  and  prayed  that  the  restraint  might 
he  taken  oJf,  that  he  might  he  enabled  to  give 
his  evidence  more  cheerfully,  and  tliat  the 
House  would  be  pleased  lo  «iddress  the  king^ 
for  that  piir|M*8e,  and  I  hat  his  pardon  may 
he  renewed,  because  lie  is  under  nn.<iprision  of 
treason.  To  which  the  Lt>rd  Chanrcllor  toM 
him,  tliat  the  House  would  take  his  cooditioti 
into  consideration  :  and  then  being  sworn,  he 
was  told  by  the  Lord  Chancellor^  th^tthe  Lords 


I 


I 


« 


i 


ChanoeUor  shoold  teU  me  hm,  aj  Mi 
DMmWt  thai  vov.  ky  tirtM  if  Ihi 
givea  /•«,  ■bmU  cmm  «ii  gpH 
&ctioo  as  tD  oUier  aiiailMia»  1  InH 

that  wmikl  aot  be  evidence  in .  W< -' 

ball:  letqsnotatretdiaiiy 

ttfhonklbeiipenaByaoeoai 

rappoee  I  give  yon  >n  eatn  l»  nnke  tree  » 
swer  to  fuch  qacitioiie  ee  I  ifaall  Mk  ym. 
ooDoeraiDgwhal  waawidJiltlieSaiieea-hMi 
at  Midi  a  trials  and  tbeDloome  alWrniidi 
yea  upon  the  oath  y^u  liay*  taken  wte  dt)# 
•ay  conoeniiag  nioh  a  horineia  eevcn  pm 
affOy  would  that  beevidcnoe  P 

An.  Gm.  Wkh  tnbomien.  sy  ki^f  I 
manbeloldheiatipon  bam  oiiln,ioii^  dill 
knowtof  tooh  adeoga,  what  Im  aayt  ^tk 
that  eeth  it  evidnoe. 

L.G.J.  Yea  lay  very  true,  MnAimm 
ifl  give  hivi  a  general  eath;  bnlwhafthtiM 
eencemiag  an^f  other  matter  tinn  ABt|» 
calar  tbinff  which  be  waa  ewom  la  gmtt 
account  of,  can  never  be  evidenea. 
Sol.  Gen.  Traly,  m^  lord,  I  think  wtH< 
•och  a  tbmg  aa  this  la.  ' 


i  think  ilk 


J170J         8TATETRIALS,lJAlcitILlCSS^lWil^7lteiOWkib         flin 

baftti«Oflived;anAddreM  finom  the  Howe  of 
CoromonB  in  part  upon  evidenoe  by  him  eiven 
theret  and.  that  the  Hoow  ezpeete  he  enoold 
giftt  an  aooovnt  what  that.ia»  which  has  begot 
•iicli  astomihment  in  the  Home  of  Commons 
as  is  expressed  in  the  Address.  Upon  which 
Titne  Oates  said,  that  in  J^ily  huit»  he  saw  a 
letter  ftom  sir  George  Wakeman.-*— 

JLC.J.  Is  this  evidence,  Mr. . Attorney  r 

JLU.  Geni,  My  lord,  the  use  we  make  of 
it  is  toprove  tliat  he  did  accnse  tfaeeoeen. 

jL  C.  J. .  What  is  the  accnsstiQn  i>f  the  queen 
to  this  purpose  P 

Mi.  Gen.  My  lord,  we  say  he  had  swovn 
sevend  daysbelm,  that  he  liad  no  other  per- 
sons to  accuse. 

X.  C.  J.  You  should  produce  that  first,  that 
beeworeso. 

Ait.  Gen.  My  kwd,  we  shouMso,  I  tiiink, 
asri  I  thought  ithad  been  so  done. 

lt.C.J.  This  is  no  evidence,  for  it  is  not 
upon  oath ;  it  does  not  say  so. 

Ait.  Gen.  Yes,  it  does,  my  lord ;  but  we 
will  go  on  in  order. 

JL  Cy,  J.  Come  them,  let  us  see  what  was 
fwom  about  his  having  no  more  persons  ID 

Mi.  Gen.  Pray,  or  Ssmud  Asfary,  k>ok 
the  SOCh  of  October  1678; 

Cl.cfCr.  Reads,  Die Mercuni 30 Octobris 
1678,  IHtus  Gates,  being  called  in,  was  sworn 
at  the  bar,  and  required  to  answer  to  what  he 
is  now  called  in  for,  concerning  his.  discoarse 
with  the  lord  Annesley  last  night  about  the 
4ukeofYoriL 

L.  C.  J.  I  doubt  this  wiD  not  be  evidence 
neither ;  for  we  are  now  speaking  only  about 
what  shall  be  evidence :  we  are  not  now 
meddling  with  the  methods  of  the  House  in 
their  examination  of  witnessea,  but  what  is 
evideuce  here  ;  suppose  an  oath  be  adminis- 
tered to  me  for  a  particular  purpose  in  the 
House  of  liords,  that  I  shall  answer  to  what  is 
asked  me  concernining  a  discourse  that  I  had 
with  a  third  person. 

Att.  Gen.  Pray,  sir  Samuel  Astr;^,  look 
the  next  day  ;  for  there,  my  lord,  he  is  exa- 
mined upon  the  general. 

Sir  S,  Astrj/  Reads.  '  Die  Jovis  31  Octobris 
1678.' 

Att.  Gen,  But  first  read  the  latter  end  of  the 
former  day's  proceedings,  beginning  at  those 
words,  upon  consideration. 

CI.  of  Cr.  Reads.  Upon  consideration  of 
what  Ijtus  Gates  bad  said,  be  was  called  in 

3 fain,  and  told  by  the  Lord  Chancellor,  that  the 
ouse  has  directed  he  shall  be  heard  a^ain  to- 
morrow at  nine  o'clock,  aud  the  Lords  do  ex- 
pect that  by  the  oath  he  hatli  now  taken,  he 
should  go  through  with  what  he  hath  to  say, 
and  therefore  he  should  prepare  himself  to  de- 
liver the  whole  truth  of  what  he  knows  con- 
oeruing  the  d^ign  against  the  king's  person, 
and  the  government  tS'this  kingdom.        / 

L.  C.  J.  fiut  stiir,  Mr.  Attorney,  we  are  hot 
where  we  were ;  tor  supposing  upon  my  exa- 
nuMUion  upon  oath  given  mem  the.Hoose  of 

I 


not  labour  in 

X.  C.J.  Truly,  Mr. 
no  evidenoe  at  all ;  if  yon  am  prove  ke  «■ 
sworn  to  his  whole  Narralive»  and  em  Inf 
any  thing  eut  ef  that^  you  say  nnmetfimg. 

Att.  Gen.  We  desire  thai  my  kvderMh» 
ley  may  be  sworn.    [Which  waa  dona.] 

L.C.J.  Whaldoyon  askbimr 

Att.  Gen.  Pray,  my  k»d|  will  you  civf  At 
court  and  the  jury  an  account,  whemcr  Wit> 
Gates  was  not  sworn  to  his  Narrative,  sad  de- 
livered in  his  evidenoe  at  your  kwddiips'  ki 
uppn  oath? 

.  L.  C.  J.  My  lord  of  Berkdey,  let  bm  «k 
you  this  question,  was  every  thing  that  befvt 
an  account  of  at  the  bar  m  the  Lords'  wm 
given  in  upon  oath  ? 

£.  of  Berkeley.  I  cannot  lemembsr  M 
my  lord. 

X.  C.  J.  It  is  impossible  that  he  sheeki. 

£arl  of  Berkeley.  All  I  can  testifjr  ii  Wt 
what  I  answered  to  the  question  whidi  iM 
asked  me  at  my  lord  Stafibrd's  trial. 

X.  C.  J.  But  that  is  not  matmrial  now,  mf 
lord,  because  the  record  of  that  trial  is  nnC  iMfa 

£.  oi  Berkeley.  The  same 
here  particularly. 

Att   Gen.  Mj 
read  again. 

L  C.J. 

L  C.J. 
cular  purpose 

ment,  that  he  was  afterwards  sworn  lb  the  f^ 
neral  matter  ?  No,  I  will  not :  >op|^  isv 
tiling  had  happemd  afirrwarda  that  it  sbssii 
have  been  thought  fit  to  prosecute  Otkil 
could  the  man  have  been  convicted  of  peqs^ 
fortliis?  Certaiuly  he  never  could. 

Sol.  Gen.  Well,  my  Icml,  wf  onkasiljtti 
you;  but  we  will  now  go  on  topte^etlisl  sMa 
Mr.  Attorney  opened,  that  Oalie  ^  t^^*^ 
these  witnesM  to  ewearwkcilkiiy  Mfvtfrt 


ly  hNPd,  we  deeire  it  msjW 

Read  it  sgain  with  all  my  bsMi 

This  ie  a  partknihu-  oath  to  a  psrti- 

ose ;  and  shall  1  help  it  by  ialcsl- 


»] 


STATE  TRIALS,  1  Jame»  11.  l685.-/cw  Perjury, 


[1182 


fit. 


7ata. 


r record  i 


jatei. 


siion, 


Mt€M, 


h«Te  bid  one  part  of  the  evidence  that 
ihen  given  ;  now  we  sbaU  prove  that  Clay 
•warn  at  Wbitebrend's  trial,  and  ubat  he 
**ere  lestity  about  *>iite8'»  being-  in  town. 
Us,  I  own  it,  he  was  swore  then. 

Gen.  D<i  you  own  that  you  suborned 
— Gates,  No,  1  think  not,  Mr.  Attorney. 
Gen,  Then  we  w  ill  proTe  that  you  did 
r  with   bim,  and  by  tbrcatcningB  pre- 
with  him  to  gwear  tor  yon. 
Gen,  Nay,   we  w ill  prove  that  he  was 
en  in  what  he  did  li^iear  a  wholt  year. 
calt  Mr.  Charles  H^wanl. 

My  loni,   1  desire  I  may  liare  teft?6 
IK  the  court  a  question,  and  1 .  tiet^  the  opi- 
of  the  court  in  it,  whether  a  Popish  re- 
iQt  convicted »  may  be  a  good  witness  f 
C.  J.  We  ore  not  bound  to  answer  your 
"on  ;    for  we  see   no  ground   why 'you 
ask  it :    if  yon  ha?c  any  occasion  to 
against  any  witiiess,   and  can  pnxluce 
Dord  against  him ;  then  we  u  ill  fell  you 
of  our  minds. 
L  Pray  ilien  let  me  ask  you  another 
I,  my  lord. 

'.  /,    Priihee  do  not  trouble  us  with  thy 
IS,  l«t  them  go  on  with  their  evident^. 
My  lord,  ]  dt'sire  to  know,   m  hether 

in  confers  in  rr  himself  a  Popinb  priest- 

L.  d  J.  We  do  not  sit  to  answer  <*very  idip 
question;  it  is  nothing  at  all  to  the  purpo$<> : 
when  you  ask  a  proper  question^  we  will  an- 
.  diwer  it. 

^KOo/e!s.  Yes,  it  is,  my  lord,  and  you  are  my 
^Binsel  in  matter nfl aw, 
^^U«.  C.  J.  ]  am  not  so. 

^H/0iey.  Yes,  my  Jonl,  the  court  is  always  of 
^Mtnstrt  for  the  prkoner. 

L.  C.  J.  That  were  well,  indeed,  if  we  were 
bound  to  give  ail  vice  in  every  cas«,  where  a 
Wum  is  pni9ecnte<l  at  the  king's  suit:  indeed  in 
those  cases  where  a  man  can  have  nn  counsel 
aJlov«ed  him,  the  court  is  of  counsel  lUr  him  ; 
kut  wher«^ht  may  have  counsel,  the  judges  are 
IK4  tif  c(»niisel  torhrm. 

Just.  H(Utoum%f,  Besides,  we  a^^  not  here 
futtingof  cases,  but  tryinj,^  of  a  c^nse. 

SoL  Gen.  Here  is  Mr  Charles  Howard, 
■wear  him.     [Whi(;h  >Tas  done.] 

Aft,  Gen,  My  Jard,  we  bring  this  gentle- 
iBftn  Mr.  Charles  Howard  only  to  this  part  of 
#ar  ef  idvQce,  to  prove  that  Mr.  Clay  was  mis* 
tmk^n  Jl  whole  year ;  mistook  78,  for  77. 

X..  C  J.  But,  J>Jr.  Solicitor,  if  you  take  this 
eon  fused  method,  we  shall  never  'be  at  an  end, 
and  for  my  uart  I  cannot  make  any  thin^  of  it ; 
k  is  impoiisible  lor  me  to  ri^tain  the<9e  things  in 
Memory,  so  as*  To  give  any  direction  to  the 
jury  I  if  there  he  not  a  nicihod  used:  fordo 
you  think  that  it  i^  jHifisible  iat  a  man  to  retain 
in  bis  bead  a  hundrt'c]  things  huddled  up  and 
down  without  any  order  ?  '^ 

Sol,  Gen.  We  beg  your  loi-dsbfp's  patience 
bat  a  httle  while,  and  we  shall  have  it  in  very 
fBOod   order.     Swear  Higgins.     [Which  wsi 
dooe.] 
X.  C*  /<  Pray  what  do  you  ask  him  f 


is.    Swear   my    lonLl 


AtL  Gen,  The  matter  we  examine  him  to, 
is  this  i  for  1  would  open  to  you  the  oature  of 
our  evidence  :  fir^  be  swore  Smith  into  the 
Plot,  and  then  gave  him  a  oertigcate,  that  he 
wst5i  an  honest  man. 

-L.  C.  J,  U  that  Oates's  band  ? 

Att.   Gen,  We  shall  prove  ii  to  be  so, 

Xr.  C.  X  Vou  must  tir^t  prove  what  heswor^j 
of  Smith.  I 

Alt.  Gen.  My  lord,  we  desire  that  wcmay^ 
read  his  Narrative. 

JL.  C.  J.  But  finst  prove  it,  Mr.  Attorney, 

Att.  Gen,  U  is  upon  record  iu  the  liouse 
of  Lords. 

L.  C.  X  Was  that  delivered  in  upon  oatli 
the  House  of  Lords  f  Or  else  we  shall  be  ha 
where  we  were, 

Att,  Gen,  For  proof  of  that,  we  call  my 
lord  Bridgwater. 

L.  C.  X     Htre    he 
[Which  was  done.] 

Att.  Gtn,  My  lord  Bridgwater,  do  you  re* 
mtnibcr  the  Narrative  tliat  Oates  gave  m  to  the] 
Huus-  *ir  Lords,  and  was  vt  upon  oath  ?  Buli 
^rstot  all,  if  yon  pJease,  I  desire  my  lord  mujl 
see  the  tMKik,  whettitir  any  thiug  he  ther«ij 
under  his  hand,  and  then,  whether  it  t»e  en- 
tered lo  be  upon  oath,  and  whether  this  be  tho  I 
Journal  agreeing  with  ttie  paper  ddivered  himf  1 

L,  C  J.  This  is  a  Narrauve,  my  lord,  thal» 
he  huiiself  ddiveted  in,  and  I  would  ask  my  J 
lurd  Bridgwater  this  one  question.  Was  m ' 
this  Journal  compared  with  the  Narrative  j^ive 
in  upon  oalh  hy  order  of  the  Lords*  House, 

Eail  €f  Mr %dg water.  Yes,  I  must  say  J  'wat'l 
nun  olthe  committee  appointed  to  take  care  of  I 
the  Jonrnal,  and  litre  is  my  hand  to  it  amons^l 
other  Lords,  and  that  is  a  co]>y  of  wfiat  Mr, 
Oate.'^did  deliver  in  as  bis  Narrative,  which  wag  j 
instaed  upon  n  Jic}mrt  ol  the  Committee  into  j 
the  Journal  Bof>k  by  order  of  the  Lfvrds,  and  I 
wc  did  examine  the  Narrative  with  the  book. 

L,  C.  J,  But  what  is  all  this  to  our  purjioie-l 
now  ?  Do  not  mistake  me,  my  lord  Bndg*  [ 
water,  I  do  not  speak  lo  you  no^v,  but  to  Mr^  i 
Attorney  ;  w  hat  does  ihi*  prove  as  to  the  matter  j 
iu  hand  ?  J 

Att,  Gen,  Pray,  my  lord  Bridgwater,  diitj 
you  see  the  Narrative,  brought  in  by  Oates  T 

E.  of  Bridgwater,  That  Narrative  was  de- 
livered to  us  hy  the  clerk  of  tbeparliameot* 

L.  C.  J.  But  n^  lord,  do  you  know  thalj 
Narrative  was  given^in  upon  oath  ?  f 

K.  of  Bridgwater .  I  know  no  other,  hut  thai  j 
tlie  clerk  of  the  parliament  brought  it  to  us. 

Ait.  Gai,  Here  IS  the  clerk  ot  the  parliament 
will  t«ll  you  that  Oates  was  sworn  lo  iu 

L.  €,  J,  Prove  it  if  you  can  ;  bat  hitherto 
1  see  uothiog  that  looks  hke  evidence. 

Att,  Gen.   H«illy,  rny  lord,  I  should  take  it  I 
to  be  as  much  evidence  as  any  that  was   ever 
ofl^rcd  m  the  world* 

L.C,  J,  Pray,  Mr.  Attorney,  letns  reason 
the  point  a  little':  t^appiwe  you  bring  an  Ansiwer 
in  Chancery,  exeqH  the  man  he  sworn  to  it,  - 
can  you  read  his  Answer?  and  yet  1  over  look* 
od  upoQ  mi  Amwer  in  Chancery  as  evidence 


I 

I 


I 


STATE  TRIALS,  i  Jambs  11 

Ati.  Gen.  Ii\  thai  ca*e  tlie  record  proves  il- 
i^lf,  (itiU  so  it  fihouM  here  ;  ami  ihcviror?  \vt^ 
tJi'sire  it  iiTttv  be  read, 

L.  (J,  J.  Hut  surely  voii  would  not  allow  an 
\nsiver  to  ha  evidence,  unless  you  |*vu*  »♦  it  to  ]m 
ibwurn. 

Ah.  Gfn,  Truly,  rny  lord,  I  always  todk  U, 
tbflt  we  need  not  come  to  prove  a  iiinn  was 
actually  swom  to  hi^  Answer  ;  hut  d'  it  he 
ooce  c«iere<l  itpoji  rt<rord  in  chaneejy  it  proves 
ilself. 

L.  C*  X  tt  is  trnei  Mr,  Attorney,  ifit  apiiears 
tipon  r«x>rd  that  the  Answer  was  s^worti. 

Aft.  Gen,  My  lord»  if  this  Joiiinal  of  the 
Hoii&c  of  Lor^ljj  is  a  record,  then  ihui  which  h 
entered  itno  it»  ih  a  jrecoril ;  it  is  a  thin^  i-Lx,'orth.^l 
m»  a  deed  enrolled  is,  and  proves  itsell.  i 

V  L,  C\  J.  31r,  Attorney,  either  tve  iinstike  1 
tme  another,  or  we  do  tiol  differ  in  o|>iiiitm.  If  j 
you  eguld  make  it  ap[>eiir  that  Gates  hroili^hl  1 
this  thinjf  ill  the  House  of  LnrdK»  and  dehvtred  | 
it  upon  oath,  that  were  ef  idence  ;  otherwise  * 
I  cannot  see  how  you  can  make  evidence  of  it. 

Att.  Gen.  I  alw"ays  thought,  tny  lorU^hat  a 
record  out  of  a  court  of  record  ^  wouM  hoTe  ihiit 
*;reiht  in  another  court  of  recurd  as  tfi  be  read. 

L,  C.  J,  My  lord  Brid^rrwater  tellii  you,  it 
was  delif  ercd  to  them  by  the  cietk  of  the  pnr- 
liainent. 

Ati.  Girt,  Pray,  tny  lord,  let  the  clerk  read 
ii'hat  is  at  ihe  end' thereof, 

Ci.ofCr*  Head*,  Hitherto  examinetl  the 
3d  of  iJeceiiiber,  1078,  The  Narrative  and  Ex- 
aixunaliou  of  Tiius  Outes  b**ing  (ir«t  inserle*!, 
accordinijrto  the  order  of  the  House,  of  the  21st 
of  Novcuit)er,  last,  hy  tis  Anglesey,  ^c. 

Att,  Gen.  Pray  read  tb«  order  of  the  aist  of 
November , 

CL  qf  Cr,  Reads*  Die  Jovis  *21st  of  Novem- 
ber 1678.  Ljion  report  made  hy  the  earl  of 
Brid^'waterJ'rom  the  Lords  sub-committees  tor 
tbeexaminiug  the  Journal  ofihb  House,  That 
upon  examination  thereof,  their  lord.ships  Bnd, 
that  the  Narrative  made  upon  oath  liy  Titus 
Dates,  at  the  bar  oq  the  31st  of  October  last, 
of  the  hornd  desig^n  ag'aiiist  his  majesty's  per- 
son atid  cT'ivernment^  is  only  mentioned  tn  the 
Jotirnal,  btil  not  entered  at  larij-e  in  such 
maiutcr  ax  he  ihuo  related  tt ;  and  that  there- 
fore I  nor  lordships  destre  the  direction  of  the 
Rouse  coiiceriiiTit»:thi8  matter  t  It  is  theretipon 
onlered,  that  the  said  Narrative  made  by  Ttlus 
Oatcs  on  the  said  iJi^st  of  October  shall  oc  ^n- 
lered  at  larg-e,  and  m-^erled  in  ihe  Journal,  as 
f;nrt  ot  ibc  bu&m&ss  of  th;it  day. 

L.  C.  J.  Mow  you  n take  it  evidence  ;  for  it 
appears  that  be  was  bvvorn^  and  gwe  his  Nar» 
ratiie  u\Mn  oath. 

AtL  Gen.  ThtMj  now,  ray  lord,  I  bopo  we 
may  read  ii. 

A*,  C  J,  \y^  read  it. 
Att,  Gen,  'Read  the  54th  artieh\ 
CLo/Cr,  Heails.  This  is  the  Xurralire  of 
Tiluis  Uttlen,  the  ^4lh  Article,  Thai  one 
I^Iarihew  >leiUiiirne,  a  player  in  (he  duke'w 
theatre  9  one  Mr.  IVmiy,  Wr,  Maimouk,  Mr. 
Sharps,  and  Mr,  JSaUdon  ;  ami  one  \V,  fSrnSai  a 


•  \6^5,^Triml  isf  Tdus  Odes,         [US 

School-magter  at  Isltngfton ;  and  oneE.Ef^ 
and  others,  meet  iti  a  club  on  Tburvlat  1 
and  Sunday  nights,  w  jili  ooe  J<»i€sa  | 
one  Keymash  within  inetitioiied  :  and  till 
peitfons  are  emph»yed  hy^   the  Jesuits, to? ih^ 
the  House  of  Cotnrnuus,  ajid  lo  go 
city   to  incense  the  per»|ik^  a^iostl* 
attains!  the  bishops  of  ilie  nation; 
dehv  i-r  this  treasonable  positioti.  That  t 
mons  ax^emhled  iit    [larf  iatiietit  are  I 
representatives,  aud    imt   the  tia4iuit*s  ] 
treasi3fiable  and  d(  testable  worria  lh«  \  ^^_^ 
ibd  hral:  at  the  said    club,   wluch   is  k^#  ■ 
KoUef*s  Rents,  near  Gray's*  Inn,    Audio  Ik] 
month  of  Aii^ust  the  dc|»otieiiit  vraa  onAcfdl 
the  Jesuits  in  Lundori,  to  g^ive  the  1 
ijrcat  respects  ;  and  in  ihcir  names  lo'i 
the  club  fur  their  faiLbfulness  to  them  in  1 
parliculiir. 

Att.  den.  Thu!tyou  secv^liat  he  bad  f 
against  hrrn  ;  now  we  shall  she^v  bow  j 
w  ith  him.  Is  that  Mr,  Oatcs's  hand  ? 

WitntM.  It  is  ;  yes,  I  tjelieve  it  is* 

Ad.  Gen.  1  believe  he  will  bsrdly  « 
hi  nindf, 

VateA,  Let  me  eee  tt,  I  pcay  yaa,  Mr. . 
lornoy, 

Att,  Gen.  Shew  it  htm.    [IVhicfi  wasd 
Is  that  yotir  hand  ? 

Oales.  I  cannot  say  it  is  my  Imnd,  Dor4il 
believe  it  to  be  so.  *  ' 

L,  C,  J.  He  does  not  owo  it  to  he  bis  b 

Gates.  1  do  not  say  it  is  ma  my  hamt ; 
do  not  retuemher  any  thing-  of  a. 

Att.  Gen,  Reail  it,  Sir,  pray  you, 

L,  C.J.  What  is  it  you  %voof.^  -    -s  > 

Att,  GeiK  A  certiHoate  utini 
of  Mr.  Smith's  honesty,  not  I  In  _  _ 
the  Trial  of  the  fi>  c  Je^uiu. 

X.  C  J.  rtead  it,  let  us  hear  what  it  U, 

*  These  are  to  certify  that  ^* 

*  no  Papist ;  and  tliat  lie  ia  up 
*■  at  this  time  for  his   king  anU  c. 

*  which,  I    hope  those  thai  are  inn 

*  recusants,  will    take    notice. — \N 

*  hand  this  3d  day  of  June,  1676,  Ti 
L.  C.  J     What  harm  is  there  in 

must  needs  !^ay,  I  caiiuol  oomp4< 
}ou  would  iiidke  of  it. 

Aft.  Gen.  Titis  protection  was  «|-tren  lb; 
fSniiib  by  Mr.  Gates,  tbn^e  daja  hciiire  til* 
Trial ;  but  after  he  had  sw  01^  him  inirf  ihe  |iM 
in  his  Narrative* 

L.  C  J.  I  see  not  any  plot,  for  my  |ttrt» 
that  he  swore  bitn  intoi  uid«%s  ytiti  ineaa  tna* 
son  ui'aiijst  the  House  of  Coumi^ns:  far  that 
is  the  accusation  he  made^  Uiat  he  spoke  wA 
words  of  the  House  of  Commons.  Pray  raii 
it  a^in,    [Which  was  done.] 

L.  C  J    We  I,  and  what  is  all  this.^ 

Att,  Gen,  Is  not  this  a  sweuriiij^  him  iaCB 
the  plot  i* 

L.  C,  J,  No,  nut  that  i  siee  i  ti  Mly  pnt 
ail  itl  chamcler  of  him. 

Ait.  Gen.  But  he  is  accused  as  a  coufcdeciie 
with  the  pricKts  and  Jesuits. 

Oatet,    Did  X  cbaige  hiiu»  Mn  Alttntffi 


STATE  TRIALS,  Uames  IT.  1 68 5.— /or  Perjury. 


[1186 


mwhg  anj  band  in  tbe  ploi  uguiust  iLie 

AiHt'i 

[OcM*    I  ctnly^  offer  ibis  as  jiii  evidence 

[7.  X    You  call  h  a  Ueing  in  the  plul ;  1 

cucli  tliiu^. 

tUen.  Am\  iben  he  coioes  and  gives 
I  acquittal  under  Ui^  liam),  and  tiica  pre*- 
lliitu  us  a  witness, 

?*  /.  There  c«u  be  no  grout  matLer  in 
fr.  Attorney. 

Gen.  Tben«  my  lord,  well  call  Mr, 
kiawelf^  and  he  will  tell  you  Liow  Otiica 
hiin  in.  Swear  Mr.  Siiiitb,  [Wbicb 
tie]«  Pray  actjimint  my  (ord  and  the 
tow  you  came  to  suear  at  the  f'urmer 
y  whom  yoti  were  ptfi-tiuaded,  and  how 
iried  i'rorti  the  truiU, 

I.  J,  Til  at  IS  very  iiaiiseous  and  fni^me; 
lomey,  inettiitik^,  m  a  eotirt  (d  justice. 
IGen,  VVhat  did  you  swear  at  the  i'ormer 
kod  was  that  trite  you  did  ^wear  tbi'ur" 
L  J.  1  teU  ^ou  truly,  31  r.  Attorney^  it 
fSBk  and  fubonie ;  U'  he  did  forswear 
{  why  sbould  be  ever  he  a  witness  again  ? 

Gcu*  'Tis  not  the  ftrist  time  by  twenty 
ich  evidences  have  been  given.  * 
M  J.  1  hate  such  |ireeeiJeiils  in  all  times ; 
I  done  never  «o  ojlen.  8hail  I  beiieve  a 
line  wurd  he  say^,  wh^n  he  onus  that 
Hvi^re  Iximselfi* 

^Gtn-    l^ray,  my  h>rd»  give  me  leave ; 
jinrsue  my  master's  intefeit. 
Bm,    My  lord,  it  was  ever  testimony 

to  be  given  to  d^^tect  a  Kiibornaiion.^ 

J.  I  am  sure  Uis  not  fit  iu  bt:  uJluw'd 
time :  if  he  did  forswear  himself  in  a 


e  inira,  in  Elm.  Canning's  Ca^,  A.  D. 

br  perjury,  the  Arg^ument  of  l>avy,  Ser- 

Sfld  the  dicta  of  Legge,  Barofli  nod 

pi,  Reourder  of  London. 

iQlber  thing  that  derogates    from  the 

if  a  witness  Ls,  if  iiptm  oulh  he  affirmud 

f' contrary  to  what  he  asserts;  then  if 

tter  be  ciVil,  you  may  give  in  evideuce 

minal  proceedings,  and  swear  that  he 

idence  at  the  Trial ;  and  this  takes  from 

laess  all  credibility,  inasmuch  as  con- 

Icannot  be  true."     Gilb.  Law  of  Lvi- 

U.  136  (f»<Ut*  of  imi),    i>i^also  p.  139. 

pitnefis  ^hall  be  admitted  to  swear^  that 

p  Bwore  before  w«a  falj«e.   See  the  Caitefr 

)tliy  Murphv,  January  13th,  1753^  in 

lection;  and  als^iof  tlie  Kinij  aiftiiust 

others,  Trin.  49  G*  3.  It  EsuiVa  Itep. 

wbicli  case,  it  was  Kaid,  that  such  4X>n- 

will  not  warrant  ibe  rejection  of  the 

by  the  judge;  n  unty  goes  to  tiie 

the  witnt^siaf  on  which  the  jury  are  to 

80  billot c  Committees  of  the  House 

lUions  f(iv  trial  of  Election  Petition';, 

h*>  had  liken  the  Bribery  O^th,  have^ 

standing,  been  ail  mi  tied  to  prove  that 

been  hribetl.    Set  the  Boston  Case, 

\S ;  Peckweir^  Cafci  of  Controverted 

Cuexxiv. 


Court  of  Record,  in  my  opinion  he  is  not  to  be 
received  as  a  witness  any  more* 

SiiLCen.  We  do  n n I y  make  tli is  use  of  bt m , 
to  prove  til  at  Oates  did  suborn  }niii. 

L.  C.  J.  Pray  call  some  other  witne%sc«,  if 
you  have  them  to  contradict  him ;  but  do  not 
tifferlo  bring:  ^  m^f*  to  siwear,  ttiat  be  did  for- 
MW^ar  himself  before. 

SiiL  Gen.  My  lord,  we  ffive  evidence  here 
of  tt  man*8  being  produced  uy  Gates,  to  swear 
he  was  here  in  May  1678,  and  he  did  mnke 
such  JiU  oath:  now  (  hope,  with  fiubini&sion^ 
my  lord,  it  is  evidence  to  contratlict  iltikt  oath, 
it'  we  can  prove  thai  he  has  confessed  be  wa» 
forsworn,  and  inistakefi  in  his  oath  ;  snch  evi'^ 
dence  prbaps  will  be  of  httle  value,  yet  evi- 
dence tt  is* 

X.  C  J.  Make  it  what  you  will,  Blr.  So- 
licitor; 1  think  it  i:s  of  no  value  at  all,  nor  ta 
be  admittcjd,  for  the  man  to  come  and  swear  it 
Ixjinself :  prove  what  you  can  by  others.     . 

Sol.  Gen.  Surely,  *my  lord,  this  confession 
of  his  to  others,  is  of  less  value  than  when  we 
bring  the  man  himself  to  confeNi*  his  fault ; 
that  ftnan  hiitiself  coming  and  owning^  the  thing, 
that  he  was  mistaken,  with  great  sorrow  for  it, 
sure  is  a  gotnl  evidence* 

L.  C.  J.  A tifue  the  matter  as  long  as  you 
will,  Mr.  Solicitor,  you  will  never  convince  me, 
but  he  thdt  has  once  forsworn  himself,  ought 
not  to  be  a  witness  after  that  in  any  cause 
whatsoever.  If  any  man  tell  me  otherwise 
till  doomsday,  1  <mnnot  be  convinced  of  it. 

SoL  Gen.  I  go  but  to  ask  him  this  qttestion, 
whether  or  no  what  he  tiwore  were  true  ? 

L.  C.  J.  Mr.  Solicitor,  wc  are  all  of  ano- 
Ijier  opinion,  that  it  is  not  evidence  Et  to  be 
given. 
SoL  Gen,  My  lord,  I  must  submit  it  to  you. 
L.  C.  J.  f  tell  von,  Blr.  {Solicitor,  if  yoB 
should  call  Kim  to  Know  what  it  was  he  swore^ 
and  it  does  appeiir  by  any  evidence,  or  by  hit 
own  coutie^siou,  that  it  was  false,  you  ought 
not  to  believe  what  he  says,  even  in  that  mat- 
ter. And  I  tliink  truly  for  example's  sake,  it 
ought  not  by  any  means  to  be  admitted. 

Sol,  G£^«.*My*lord,  I  must  subtnit  it  to  youj.  f^ 
but  then  I  humbly  conceive  it  will  beinVery^^^ 
many  cases  impossible  to  detect  a  perjury  ori 
subornation,  if  the  party  suborned  cannot  bo.] 
admitted  to  be  a  witness. 

L.  C,  J.  Wbat  gtiod  «[ll  the  admitting  hiniJ 
to  lie  a  Witness  doP  For  cither  what  be  swnr^  f 
tfien,  or  what  he  sweurs  now,  is  tkUe ;  and  if  I 
he  imce  swears  false,  can  you  say  he  is  t^  bd  ; 
believed? 

31r.  North.  My  lord,  if  a  man  come  and 
swear — *~ — "  , 

L.CJ.  Look  ye,  Sir,  you  have  our  opinion  j 4 
it  has  been  always  the  practice  btTctofore,  that  i 
when  the  court  have  dehvered  their  opinion, 
the  counsel  should  kit  down,  ami  not  dispute  it  I 
any  further. 

Ati.  Gftu  Then  we  will  go  aliont  the  bitsi« 
nesa  of  Clay,  and  for  that  we  wdl  call  Law- 
rence Davenport. 

X.  C.  J.  it  is  c^rtainlj  agi  \  ^ 

4G 


•od  hj  whpni  lie  wts 


IJLWraOCS    iMVeBMfft* 

Pnysive  my^loraMMl 
hour  Ck J  tame  to  be  a 


to'beeo* 

'eM  ifwroemm  or  Ibe  jtifj«  Mr.  Oeleft 


lepniOD, 


I,  IbeiiilftliMa 


emoiioiii 


iernijMlf;  end 
.IhiaillMio. 
I  of  the  ptteMHn  fir 
»  IM&mmmI,  being  in  eoitodj;  end  at  that 
iite  Mr.  OMea,  aa  I  Mud,  when  oM  Ck j  irat 
i»prim^  did  oooe there to'vWttlHiOlaT,  at 
eer eni  ttmca.  itod  eoniiiff  thctetovifltthis 
day,  opalrfre  he  weift  to  me  obanbery  and 
MMd  to  i|ieek  with  bins  audi  did  dine 
jdmtmninOf  Mr.Oatai»  tiuA  yea  wovld  go  io 
to  -  huBf  ahd  jfoo  dal  go  ioto  hie  dniabery  and 
there  thew  worde  yen  ^d  apeak  to  hiiiir  before 
thelMaloftheflvojeeoite;  Thetif he^not 
r  what  yon  pot  to  hhii,  he  eboold  be  pro- 
Bd  aea  prieet,  wUeh  you  did  be&evo  he 
Idiefor: 
L.C.J.  WhatietbkiBaB'eiiaiBef 
Jit.  Oem.  Lawrence  Darenport. 
L.  C;  J.  Did  yoo  hear  hho  aay  ao? 
ilaeeayei'l.  Tee,  ny  hpdfiipop  bt 


Aleoniaorl. 
U  hear  him 


my  kpdfimoD  my  oadi  1 
eay  eo,  and  eir  WiHiam  Waller 
^vaa  with  him;  endtiieDherepfied,amleatd, 
with  a  provieo  Aat  yod  woq|d  giro  him  hb 
«oM  and  etirer  that  wee  teken  mm  him,  bong 
ilien  a  prieoner,  bnder  my  kerpippf  in  the  Gete- 
hooel»,  and  wanting  bie  money ;  if  you  wooid 
do  that^  lie  eaid,  he  had  been  a  rogue  before, 
and  he  could  not  say  what  he  might  do. 

X.  C.  J.  Now  make  it  appear  that  thb  Clay 
was  sworn  at  the  trial. 

Davenport.  Mv  lord,  aflerwards  I  was 
keeper  to  bim  nnder  the  other  keeper,  and  he 
had  a  keeper  to  wait  on  bim  to  Newgate  ses- 
sions at  the  Old  Bailey;  wherefore  this  gen- 
tleman that  is  standing  there,  Mr.  Gates,  comes 
to  us ;  sajs  he,  do  not  you  trouble  yoonelf 
about  this  prisoner ;  let  bim  alone  with  me,  I 
will  see  him  at  home  again  ;  and  then  the  Je- 
suits there  did  take  their  trials ;  bow  tt  was  I 
cannot  tell,  for  we  could  not  come  into  the 
court.  Afterwards  they  went  to  the  Fountain- 
terem  by  Newgate  to  dinner,  and  Mr.  Gates 
and  he  went  to  dinner  togetber ;  we  were  be- 
kiw  in  the  boose  waiting  there  till  it  was  night, 
and  stiQ  thinking  that  be  should  ooroe  down 
agam :  but  away  went  be  home,  and  left  us  in 
the  lurch ;  hot  mdeed  he  did  come  home  to  the 
prison  ? ery  honestly  and  cirilly,  becaoee  he 
-was  drilly  guarded. 

Ati,  Gen.  'Now,  liay  lord,  we  will  giro  you 
an  account,  that  the  nesEt  morning  after  this 
^iseoane  betwixt  Gates  ami  Chiy,  at  the  Gate- 
house, this  witness  told  it  to  ammier  that  was  a 
»riB0Der  there  then  too. 

Osict.  My  lerd,  I  wonld  jmk  Ok  mao  a 
>  whether  he  had  the  aoia  kuifk^  of 

ay^  wilhoMt  aay  other  hiepca  wiA 
'* 


S^ 


Mtff]         flTATBTttUlU^iJiiiiin..l6M^7Htf^iaiierfak 

hboie  hot  omdf,  wh«  Im  ln;>& 
Maig«ot*a-lMe,  aot  to  tlw  fKM»  b 
baoae* 

OmUi.  PtoyaektMafsMBjwmm^wt 
not  ooroe  in  and  teitif^  bi  diaBMiEnh 
of  when  Ctoy  waa  a  wttNiBf 

lleeeiipori.   I  wia  aot  by  wfaea 


^Mtadt  tmanOathaaoneelbmivonil 
boa  witamagato  ^  any  e 
'  'Afi:  ihrn.    Swear  La^ 

B^deh  waa  dona.] 
juy  an 


OeCrt.  DidhoMCknoirhai 

£.  C.J.  No,  haaaya  hadWimtjgs 

eemt  with  yoo^  ho  waa  ana  amRBraa  ti 
I>sveimorf.  My  M,  I  as  a  -peei 
ID,  and  know  aalhiaf  what  hda^ 


Ait.  Qm. 
-^  [WhMbWaiJ 

SoL  6fea.  Pray  uu  waas  uaf«B| 
yoa,aadwhear 

Mr. .  Ho  eama  aad  toy  am 

dayihtheprieoo»  wherel  waathea,^ 
Gamand  Ar  WilKam  Wdlar  had  hem 
mgwithCnayahaat,  to  aiafce  hha  a 
Ifr.Gatei.' 

L.  C.  J.  What  wem  the  wovda  be 
they  said  to  him  r 

Mr. — -.  It  WM,  that  Im  araila 
Mr.  Gatea  domd  at  Mr.  Howard'a  ha 
a  day  of  the  meaA»  and  Mr.  6ky  4 
knew  DotlHDg  of  the  metter ;  hot  thee 
liam  Waller  and  Mr.  Gatea  did  rspl 

swear  thn  wo  wdl  trw  yoa  for  a  ai 
hangyoe;  and eo Clay amad,  iri 
bare  nia  tnoney  raatored  ttat  waa  toi 
bim;  be  bad  beeo  a  rogoo  before,  aa 
know  what  be  might  do. 

Oatet.  Is  this  eridenoe,  my  lord  f 

L.  C.  J.  Yes,  doobtksB,Yery  good 

Oatti.  It  is  only  upon  hear-eay 
speaks. 

L,  C.  J.  Butthatestahlbbeatheotl 
testimony,  this  being  toM  the  rery  ae 
ing;  forfaawouldaotooDeeaiit,tte« 

Att.  Gen.  Now  that  Clay  was  aw« 
trial,  you  admit,  Mr.  Gates. 

Oatet.  Yee,  1  do,  he  waa  eo. 

Att.  Gen.  Thea  1  think  here's  a  pi 
of  a  subornation. 

L.C.J.  You  must  observe  how  til 
thb  evidence :  tbey  say  yoa  are  aa  ill 
only  as  to  eweanng  lawe  yoonelf,  1 
suborning  others  to  swear  more  tl 
knew ;  and  particalarly  as  to  ibia  C 
you  and  sir  William  Waller  did  thra 
you  would  hang  him  op  for  a  prieat,  if 
not  swear  aa  yoa  would  hare  him 
your  threatemngs  he  waa  pretfailcd 
swear. 

Gntei.  Is  Mr.  Cby  ia  ooort,  oiy  ki 

JL  C.  J.  Nay,  I  canaot  tell  wheni 

Ait.  Gen.  He  waa  year  witnem,  M 
are  expected  yoa  wooid  hare  braane. 

Os/et.  loanaottoMwlMroitoftiii 
hwd,  aowy  truly. 

Ait.  Gfa.  Cal  Mn  Hawaid. 

0)f€r.  Herehaii^ahitej 


PATE  TRULS.  I  1am 

.  C*  J.  Mr*  AUoroey,  you  bave  not  proved 

I  lie  »wore. 

ti>  Gca,  Wc  are  now  about  it,  my  lord- 
,  Howartl,  prmy  »*ere  you  at  the  Trial  ol"  the 
f  Jesuits,  or  at  LaDtfhorii^s,  wlieu  Cjay  ivai 
iro  as  a  wjlness  lor  ilr.  Oates? 
^oward.  Yes,  1  was  tX  Langfliorn'a  Trial, 
rlord* 

i/.  Gen.    What  was  tke  effect  of  his  testi- 

there? 
Taatard.  He  did  svvokv  tJiat  he  wk^  witb  ilie 
1  Mr«  Dates  at  dinuvr  at  my  house^  b  May, 
lie  year  1677. 

in.' Gen.  1577  did  liesav,  or  J678  ? 
Barnard,   Slay^  1  will  look  upon  tny  uotes  I 
\  at  tliat  tiJii«. 

C  J*  Ay,  do  so,  to  rpfresh  your  memory, 
,  Hoirard. 
ioQ^ard.  It  was  May  1678*  tny  lord. 

\  Ccn.  Pray,  8ir,  was  be  tbeu  at  your 
I  with  Gates? 
fgaBurd,  No,  he  was  not  there  iu  May ;  Mr. 
' '  was  witb  me  and  Mr,  Oaies  botli  together 
Itily  167B,  after  tbr  4th  day  <if  July. 
fit.  Cen.  That  iSf  atW  thi:  time  he  come  to 

dun  from  St.  Oaiers, 

t.  C*  J.  You  say  very  ivelL  Have  you  aoy 
wltncKses  ? 

>i.  Gen,  My  lord,  we  must  desire  that  the 
'  #8lh  article  ot'  'Mr.  Oates^s  Narrative,  may  be 

tfCr.  Beads.  *  That  iu  order  to  this 
ijuand  on  April  24,  1678,  father  Warren, 
r  of  Liege ;  sir  Thomas  Pre«ton,  bart. 
Man»h,  rector  of  Gauut ;  aud  father 
llHams,  rector  of  Wat  ton,  and  master  of  the 
ices ;  sir  Jobn  ^Varner,  liart.  Ricbard 
iby  rector  of  the  Enghikh  semmary  at  St. 
lers,  lacing  sick  of  the  gout  could  not  go, 
t  out  of  the  said  seminary  went  sir  Hobc^rt 
Bret,  barU  fkiber  Pool,  Ed^ai-d  Nevilc.  There 
were  in  all  with  the  deponent  nine  or  ten,  who 
tnet  iu  London  iu  consult  witb  Th<imas  White* 
bread,  fatlier  Harcourt  senior,  and  father 
fiarcourt  junior,  Jobn  Feuwick,  Basil  LaDg- 
%vorth,  William  Morgan,  Jobu  Keimes,  fa- 
tber  Level,  father  Irelaud,,  father  BUmdel, 
Ricbard  Stratjg-e,  father  Mico,  falber  G'rcy, 
ftud  others  to  the  number  of  fitly  Jesuits,  met 
ai  the  White* Horse  Tavern  iu  the  Strand, 
where  they  plotted  their  desig^ns  tiir  the  no - 
dety,  and  ordered  father  John  Cari'V,  who 
was  also  there  to  go  to  procurator  for  liorae  ; 
at  which  consult  thus  held  in  tlie  mouth  of 
'If  ay,  the  def^Kineut  was  present  to  attend  the 
cooaultora,  and  deliver  their  coucertis  trom 
eoDOpaoy  to  company  ;  and  then  a  bttle  after 
they  left  the  White-  ft^irse  Tavern,  and  divided 
them^ves  into  several  clubii  and  com|tanie^ ; 
■omeineiat  r^Ir.  Saunders's  bouse  in  Wdd- 
fllreel;  others  at  3Ir.  Feuwick's,  at  Aires's 
bouse  in  Drury-Lane  ^  others  at  Mr.  Ireland  s 
in  Russel'Street,  near  Coveot- Garden ;  and 
m  other  pbces.  All  which,  though  in  e^evei-al 
compaaies,  five  or  six  in  a  company^  did  con- 
trive the  death  of  the  king ;  and  in  order  to 
wbichy  there  w«re  papers  sent  from  company 


ES  IL  1685.— /or  Perjury.  [  1 190 

*  to  company,  which  the  deponent  did  carry  | 

*  contaiuiojj  their  opinions  of  the  timing  ibcir 

*  business,  and  the  manner  bow  it  was  to  l>» 
'  done;  and  within  three  or  four  days  afler  the 
*■  deponent  went  to  8l  timers,  with  the  fathera 

*  that  came  from  the  other  side  of  the  ^latcr.' 
Ah.  Gen.  My  loril,  we  produce  this  to  over- 
throw their  wituesiies,  that  sjieak  of  his  bein^ 
here  a  week  in  May.  Now  Mr.  Dates  iu  his 
Narrative  says,  tbat'lhe  consult  ended  the  S4tti 
of  April ;  and  that  three  or  four  days  alter  he 
returned  hack  to  St  Omens. 

L.  C.  J.  Pray  read  tliat  over  aR^aio,  wber<* 
the  names  are  ;Vor  ibc  witnesses  forthckiufj. 
awear,  that  Mr.  Williams  came  over  from  8t, 
Qmers  ;  hut  he  there  says  he  did  not,  I  ihiuk. 
[It  was  read  aflrain.] 

L.  C.  J,  I  thought  it  bad  been  otherwise  ;  it 
is  darkly  |>eoned. 

Atl.  Gen,  My  lord,  1  mysseTf  heard  him  de-.^ 
dare  in  many  trials  here,  and  at  the  Old-  Bai-  * 
ley,  that  all  was  fuiisbed  iu  that  day,  and  bd  i 
went  in  a  i*iyf  days. 

Oattt,  Mr.  Attorney,  you  are  uu^takcn :  for. 
if  you  please,  my  lord,  the  consult  was  not  dit- 
solved  iu  six  or  eight  days,  though  they  were 
not  sittiujj^  oracling  every  day. 

Att.Gcn.  It  is  not  a  dilference  of  siJC  or 
eight  days  that  is  conleoded  for,  but  it  is,  either 
Mr.  Dates  or  bis  witnesses  do  net  swear  irue« 
If  it  were  as  Mr  Dates  says,  that  six  or  eight 
days  were  allowed  after  the  i4th  of  Aprd,  then 
it  must  be  the  jlh  or  6tb  of  May  that  he  went 
to  Hi,  Omers  \  and  then  bis  witnesses,  that  s.'ty 
he  was  here  the  latter  eud  of  May,  cannot, 
swear  true.  And  our  witnesses  say  he  was  all 
April  and  May,  till  the  23d  of  June,  at  St., 
Omers. 

OaUi.  My  lord,  Mr.  Attorney  does  not  ap- 
prehend the  evidence  aright. 

Z.  C  J.  W^ell,  you  may  make  your  remarki 
by  and  by,  and  set  him  riglit  if  you  can. 

AiL  Gen,  We  have  done  our  evidence,  my, 
lord. 

L,  C.  J.  Have  you  any  more  witnesses,  Mr, 
Dates  ? 

Dates,  No,  my  lonl,  I  have  not. 

L.  C.  J.  Then  you  must  conclude,  and  say, 
what  you  have  to  say  to  the  jury. 

Oattt.  My  lord,  I  have  one  thing  more,  and 
that  is,  a  copy  of  the  record  out  of  the  House 
of  Lords.  It  is  in  the  Journal  the  25th  of 
March  1679. 

Mr.  Walker.  My  lord,  I  have  uot  the  book 
here,  it  was  not  spoke  fi»r. 

Otites.  But  do  you  know  this  band  ? 

[Shewing  liim  a  copy. J 

Walker,  Yes,  and  I  l^lieve  it  is  a  true  copy* 

L,  C.  X    Read  it. 

Cl,ofCr,  Reads.  *  Tuesday  the  25th  of 
March^,  1679/ 

Dates,  It  is  the  last  clause  tu  the  Journal  of 
that  day. 

C^,   of  Cr.    Reads.       '  Resolved,  Nentine 

*  Contradiccntc,  by  ttie  Lords  spiritual  and  tem« 
'  poral,  and  Conmions  in  parliament  assembled 
^  that  they  do  declare  that  they  are  fully  sa« 


1191] 


STATE  TRIALS,  1  Jambs  II.  l6%5^Tnal  ^  TUm»  OaU$,         [1191 


^  tisfied  by  the]iroof8  they  hayeheard,  that  there 

^  now  is,  and  for  divers  years  last  past  hath 

been  a  horrid  and  treasouable  Plot  and  Con- 


the  Protestant  Religion,  and  the  ancient  and 
'  established  g^Temment  of  this  kingfdoiD.' 

Ocffei.  There  is  an  order  to  have  that  vote 
printed,  and  inserted  before  the  Form  of 
Prayer  for  the  Fast.    Pray,  Sir,  read  the  next 

CL  of  Cr.  Reads.  « Die  Lunoc  95  Oct. 
M680. 

'Upon  Report  from  the  Lords' Committees 
*ibr  examining  matters  relating  to  the  discovery 
'  of  the  late  horrid  Plot  and  Conspiracy,  that 

*  captain  Thomas  Bickley  hath  lately  vilified 

<  Dr.  Titus  Oates  at  a  public  meeting  at  Chi- 

<  Chester,  to  the  prejudice  of  his  majesty's  evi- 

*  dence,  for  the  farther  discovery  of  the  dis- 

*  covory  of  the  said  Plot :  it  is  thereupon  or- 
'  dered  by  the  Lonls  spiritual  and  temporal  in 

*  parliament  assembled,  that  the  said  Thomas 

*  bickley  be,  and  is  hereby  required  to  appear 

*  before  their  lordships,  in  the  lord  privy  seal's 
'  lodgings,  near  ilte  House  of  Peers,  on  Wed- 

*  nenlay  tlie  third  day  of  Nuvembc-r  next,  at 

*  eight  of  the  clock  in  the  forenoon.     And  it  is 

*  further  ordered,  that  alderman  Exon  and  al- 
'  demian  William  Bury  of  Chichester  aforc- 

*  said,  who  were  then  present  ;\t  the  said  meet- 
'  ing,  do  likewise  attend  their  lonlships  at  the 

*  time  aforesaid,  to  give  evidence  of  wuat  they 

*  knpw  concerning  tliiN  matter.' 

L,C.J.  What  of  all  this?  We  knoiv  here- 
iijion  Bif'kley  .vas  turned  out  of  rrtmniissio*!, 
and  now  BkckKy  is  in  a^^ain.  Wwi  it  set  ins, 
as  you  had  credit  with  some  then,  so  you  had 
not  with  others.     Will  have  you  uov:  ifone  all  ? 

Att.Gtn,  Y(s,  niylord. 

Sol.  Gen.  If  Mr  Oates  will  suhi  up  his 
evidence,  then  I  will  do  the  same  for  the  kinir 
ivheu  he  has  done. 

L.  C.  J.  Well,  what  sav  >  oii,  >rr.  fMtes  ? 

Oatfs.  N\»w,  my  lonl,  hen!  is  an  Indictrnonl 
preffin-d  ajraiiist  nic  for  perjury,  ant!  the  evi- 
dence tht*y  have  driven  for  tin;  kl'ig,  is  this.  1 . 
They  havecalleil  Mr.  FcTsfer,  andlie  tells  you, 
that  I  was  prodiiciHl  at  the  sessions- house  in 
the  Old- Bailey,  vhen;  ln;  was  suniiiioned  as  a 
juryni.in,  upon  the  trial  of  Irelan*! ;  and  he 
Kays,  that  \\\\vu  i  was  produced  at  the  sessions 
in\heOI:l  Bailey  as  a  witness,  and  swom  (if  I 
i\o  rememlMT  Sir.  Fost.T  aright  in  what  he 
says),  he  did  hear  w  «.w»:ir,  ilir.i  there  was  a 
treasonable  consult  of  Jesuits  upon  tlir  5i'li  of 
April  1078,  at  the  \>  li:ie-hnrse  tavern  in  the 
Strand ;  and  he  does  fiirther  say,  that  I  saiti 
those  Jesuits  ultcrwards  came  to  a  re^dution 
to  kill  the  Ivin^;  :in«l  that  tluy  separated  them- 
selves into  lesser  clubs,  the* resohitiou  beinif 
drawn  uj)  by  one  Alico;  ami  that  I  earrietl  it 
from  ohamlMM"  to  chamber  to  be  sitfned,  and 
did  see  it  signed.  My  loixl,  I  did  ask  Mr. 
Foster,  w  hetlicr  I  in  my  evidence  called  it  a 
consult,  ora  traitorous  consult,  l^ow,  my  tox^  w 


is  true  I  did  call  it  ft  traitorous  oonsnlt;  it  is 
as  true  that  1  did  swear  there  was  such  a  con- 
sult; and  it  is  as  tme,  that  1  did  swear  thii 
consult  did  divide  itself  into  lesser  conpanies ; 
it  is  as  tme  as  I  did  say  1  carried  that  mob- 
tion  about  from  chamber  to  chamber,  and  aw 
them  sign  that  resolution  f«r  murdiniog  the 
king,  I  do  not  mean  of  this  kmg,  but  cr  the 
late  king.  My  lord,  the  evidence  I  think  I, 
nor  no  honest  man  shall  need  to  be  asbmd 
of:  1  am  not  ashamed  to  own,  thftt  I  rnotcri 
this  evidence  several  times,  nor  that  1  gara 
that  evidence  upon  oath ;  for  it  is  troth,  mj 
lord,  and  nothing  but  truth,  and  I  rewnlrt  \^ 
the  grace  of  God  to  stand  by  it,  and  ooDfim  t 
with  my  blood,  if  there  be  occasion.  My  loii 
to  convict  me  of  perjury^,  they  have  bnwgbla 
parcel  of  St.  Omers  witnesses,  and  these  tf 
swear  that  which  they  would  have  sworn  n 
years  ago;  but  then  the  court  thought tba 
fit  to  be  swom,  not  only  because  the  law  vl 
not  allow  them,  but  because  ^  their  reliyin, 
that  can  dispense  .with  fUse  oaths,  if  il 
were  for  a  good  cause,  and  that  was  Iht 
remark  my  Lord  Chief  Justica  Scrags 
then  made  on  it.  I  shall  not  insist  much  open 
what  they  have  sworn,  for  that  I  sappose  tov 
lordvhip  and  the  jur}'  do  very  well  nmaAa^, 
but  I  have  five  things  to  object  to  their  eri- 
dence,  and  1  hope  the  jury  will  take  niilioerf 
my  objections,  and  make  their  remarks  vfm 
them  ;  for  siuceyou  have  heard  the  evidocc 
that  is  brought  against  me,  it  will  be  neccBvy 
for  your  lordship  to  weigh  the  nature  of  tbett 
witnesses,  and  tnc  value  that  the  several  juna 
of  Ijondon  and  Middlesex  had  for  them,  ft  if 
true,  1  line  are  several  brought  hei^  now,  that 
never  were  witnesses  before ;  there  are  indeed 
other  men,  but  of  ilir  same  religion  and  the 
I  same  interest,  and  therefore  their  testiniooT 
I  niMfrt  be  of  the  same  value  ;  I  think  your  lor^- 
;  ship  will  aUow  me  that.  Therefore  I  hecie 
with  tiK-ir  reli^i-ion,  and  tliat  I  take  notice  to  be 
;  a  great  objection  to  their  evidence,  as  I  am  id- 
\  \  isrrd  by  those  that  are  learned  in  tlie  bv. 
I  And  I  must  upiH'iil  to  the  court,  whether  ■ 
{  papist,  in  rase  ot  n*li^Mon,  may  be  believed  and 
I  reei'ix'd  iwa  t;'»o<l  witness. 
I  L  C.  J.  Wc  mii»t  not  hear  any  of  these  idle 
i  expnssions. 

Just.  IVit/ihu.  Do  you  think  youarecoBie 
here  to  prcarli,  Mr.  Oates? 

/..  C.  J.  rii  t«ll  yon,  a  papist,  except  vou'B 
prove  any  legal  objeetinn  against  him,  is  &> 
good  a  Witness  in  a  court  of  record,  as  any  utbcr 
person  whatsoever. 

Oatts.  Hut  ititisyourlordsliip\s,  llltellvcm 
mvlord  Cuke's  practice  was  not  to  admit'  iben 
:  as  jrood  witness  *s. 

I       L,  C.  J.  Do  not  tell  me  of  m\  lord  VoVt^ 
\  practice  ;   the  law  i:i  othenvise  ;*  keep  to  the 
I  Inisiness  that  you  have  here  in  hand,  toe  ques- 
tion before  us,  whether  you  were  fbrsworsii 
Ireland's  Trial  or  not  ?  Answer  that  ifyoacis; 
but  you  must  not  run  out  into  daiiMmn,  ■■' 
idle  extravagancies. 
OaCcs.  My  lord,  I  demand  it  at  my  rigbt  » 


iTKreHn  J 


STATE  TH1AL8, !  James  IL  i6S5,H 
''^(fhat  1  hare  to  except  against  the 

rL  I  tell  TOW,  yon  shall  be  heard  when 
d  jiropcrly  ;  but  are  jou  to  determiue 

I  :)iii  to  ileleruiinu  my  own  right 
t^mi  point,  and  I  insist  upon  it,  and  de* 

^^    ^•^_    It  roay  be  presently  you  will  tell  us 
^^     ^^  w^o  right  tojuilge  of  it. 
LV^^''*      ^«i,  you,  my  brd,  have ;  but  I  hope 
E»^  ^»-    Tiffht  to  urije  it. 

^^I^  -.    J,    Urge    what  you  will  tliat  is  to 
"^^jpose,  but  then  you*  piust  keep  to  the 
Vn   ht\nd,  and  not'make  such  idle  excur- 
^»  thejrt?  are. 

*'^^.    I  will  keep  to  the  matter,  ray  lord,  if 
L^VU  bear  me. 

*^  C.  X  So  you  shall ;  well  make  you  keep 
^^^L^*^  Tnatter,  or  we  will  not  hear  you  at  all  ; 
T^"  t\f^  think  yonr  impudence  shall  storm  us 
^^*Ml  of  our  sensei* 

Oaf«.    My  lord*  I  do  insist  upon  it»  that 

■^•e  men*8  relig'ion  is  an  ex(:eptioTi  to  their 

^laony,  and  a  papist  is  not  a  good  witness  in 

muse  oj*  reli prion  ;  and   I  desire  I  may  have 

_   Bare  to  argne  that  as  a  ptiint  of  law  in  my  owti 

V  ^efefice. 

^^     L.  C.  X    No,  Sir,  it  in  no  point  ol'law  at  all. 

^H     Oatet,   Then  I   appeal  to  all  the  hearers, 

^piflietfaer  I  have  justice  done  me. 

L.C.J.   Whnt's  that?  Why  you  impudent 
^^llellow,  do  yoti  know  where  you  are  ?  you  are 
^^k  a  court  of  justice,  and  must  appeal  to  none 
jf^pilt  the  court  and  the  jury. 
^       Gates,    i  do  appiml  to  the  hearers, 

fcZ.  C.  J.    Take  him  away  there ;  if  you  will 
t  behave  yourself  as  y<iu  ought,  I  can  assure 
-tt,  the  court  will  do  what  they  oujjht  to  do, 
d  stop  your  mouth. 
[  Oat€t>    What  you  please,  my  lord,  1  must 

^1^    make  my  own  defeoce  as  well  as  I  can. 

.  X..  C»  /.  Vop  are  here  iu  judi^-ment  before 
^ypi,  nnd  are  1o  ap[»eal  to  us  ;  vte'il  suffer  none 
^^bf  your  commonwealth  a^ijKaU  to  y»*iir  m^Me  : 
^Hk«ep  withit)  tlie  bonnds  of  flccency,  and  say 
^   what  yon  can  for  yourself. 

Oata,    My  lonf,  this  I  move  to  the  court  as 
.  ^    mie  of  my  objections  to  this  evitjenee  vfiven 
a^inst  me«  Ttiat  their  reljn^ion  makes  them  no 
gtxHl  witnesses ;  especially  in  this  caui^. 
L.  C.  X    I  lell  you  that  is  uothiug  to  the 
fir[iose,  tvhat  their  reli^^ion  is, 
Just.  HoUouQi^.    Mr.  Oatcs,  we  come  not 
}  to  dispute  points  of  religion,  we  come  to 
wy  a  bare  master  of  fact,  whtlher  you  ari?  per- 
ured,  or  no. 

X.  C  X.    f  tell  you  a  papist  is  a  good  wit- 
ness without  a  legal  exception. 

Just.  Wtiftins.     Pray,  Mr.  f>ates,  is  not  a 
^ajust  as  good  a  witness  as  a  tlisseuter? 

Oatcs,    My  lord  Coke  would  not  admit  a 
papist  to  he  a  good  witness  in  any  cause. 

Just.  Witkim^  How,  not  iu  a  cau«e  oimettm 
tad  tuumf 

Ootet,    No,  my  lord,  tioi  in  any  cause  he- 
fween  party  and  party. 


[1194 

X.  C,  X    Where  is  that  opinion  ? 

Oatcs.  Vl\  dte  you  the  case,  if  you  pleaie^ 
ray  lonl 

L,  C,  X    Pray  let  us  hear  it. 

Gates.  It  is  in  Bufstrode^s  Heportt^  in  the  Se- 
cond purt,  155.  A  Popish  Becusant  is  not  to 
be  admitted  a  witness  between  party  and  party. 

Just.  Witfiins.  lyiay  a  presbyteriau  be  a  good 
witness,  Mr  l>atC8  ? 

Just.  Holimifnt/,  Or  would  Mr.  CoUedge 
have  been  a  good  witness,  Mr.  Gates  ? 

Dates.  I  tell  you  this  was  my  lord  Coke'i 
practice. 

L.  C*  X  You  have  our  opinion^  and  be  satis- 
fied witli  it ;  tliat  ho(»k  says  it  vras  ray  lonl 
J^oke's  practice,  and  we  think  if  that  was  his 
practice,  liis  practice  was  against  law. 

Dates.  Then  another  thiug  I  object  to  their 
testimony,  is  their  education. 

X.  C,  X   That^s  no  objection  at  all  neither- 

Gates.  My  lord,  they  are  bred  up  in  a  semi- 
nary a^inst  law,  and  for  which  their  friend* 
are  to  he  punished. 

X,  C.  X  8o  is  every  man  living  that  Is  bred 
a  dissenter,  bred  up  against  law. 

Gates.  My  lord,  1  have  not  offered  any  dis> 
senter  as  eviflence  for  me. 

X.  C,  X  iSo,  they  are  all  no  douht  of  it  very 
good  people.  Gaod-wi*<e  MayOj  and  her  com- 
panions^ excellent  Protestani9  without  all  tpiea- 
tion  I 

Dates.  My  lord,  I  humbly  offer  a  statute  to 
yonr  lonlKhip  :  and  that  is  law  sure. 

X.  C.  X  Yes,  a  statute  is  law.  What  sta- 
tute is  it  f 

Gates.  U  is  27  of  £ljz.  cap.  9.  The  law 
says  there 

L.  C.  X  Come,  we  w\\\  se«  what  the  law 
says.     Read  the  statute  he  speaks  of. 

't7.  n/  Cr.  It  is  intituled,  *■  An  Act  ngamst 

*  Jesuits,  Priests,  and  other  such   like  dtsobe- 

*  dient  {vcrsons.* 
Oatef.  My  lord »  I  desire  that  the  preamble 

of  the  act  luay  l>e  read. 

CL  ofCr.  *  Whereas  divers  pe^sotis  called 

*  and  professed  Jesuits,  Seminary  Priests,  and 
*-  other   Priests,   wliich   have  been,  anil  from 

*  time  to  time  are  made  in  the  |>aits  beyond  the 

*  aeaa,  by  or  according  to  the  order  and  rit<^s  of 

*  the  Romish  Church,  have  of  late  come,  and 

*  have  lieen  scut,  and  daily  do  come,  uinl  are 
'  sent  Into  this  Realm  of  Eti gland,  and  others 
'  the  queen's  majesty  ^sdomitnons*^ ' 

L,  C.  X  This  is  nothing  to  this  business  be- 
fore us  ut  all . 

Just.  Withins.  Does  this  stiitute  say  they 
are  no  good  witnesces  ? 

Oiilts.  Thpy  own  themselves  to  be  ed^»cated 
at  St.  Omers|  and  that  is  against  tlii.<i  law  ex- 
pressly. 

X.  C.  J.  What  then  !  Do  they  own  them- 
selves to  he  in  orders,  Jesuits  ana  Pri^^^ts,  then 
you  might  say  somewhat  to  tbem  upon  this 
law;  but  do  not  spend  our  lime  in  sue  u  tiiOcs. 

Oatt'S.  1  do  not  spend  your  time  iu  trities^ 
my  lord  ;  tt  is  my  defeuce. 


I 


1 

1 

1 
I 
I 


I 

4 
I 


STATE  TRIALS,  1  James  II.  l6iS.— Trial  of  7i/«»  OAtt^        ^\%\ 


I 


I 


L.  C.  />  Mr.  Attorney,  do  yoa  ^  on  ;  for 
mre  wUl  oot  sit  here  to  spend  our  lime  for 
nothing. 

Otiitt,  Pray,  my  lord,  let  me  but  shew  iKib, 
I  ouly  pm(>o«e  one  Sitatuie  more  to  your  lord' 
ship's  cousiUeration. 

L.  C,  X  You  may  propose  to  read  the 
whole  StiLtule-book. 

Oatei.  Pray,  my  lord,  hear  me  out, 

L,  C.  J.  Spesk'UteQ  to  the  husiness  in  hand. 

Oat€$.  It  is  the  statute  made  iu  the  drd  of 
kioff  Charies  1,  chap.  3* 

£.  C.  J,  It  is  uothiog'  to  the  purpose. 

Oaies,  I  am  advised  it  is  very  material 
lor  me. 

L»  C.  J.  1  tell  you  it  is  not,  and  we  will  not 
let  your  importumty  prevail. upoo  us  to  spend 
our  time  for  nothing  :  there  has  beeu  a  great 
deal  of  time  spent  to  no  purpose  already. 

Oaiei,  Then  if  you  will  orer^rule  it^  my 
lord 

L,  C.  J*  We  do  over-rule  it :  for  it  signifies 
nothing  to  this  purpose. 

Oat  a*  Pray,  my  lord,  be  pleased  to  give  me 
leave  to  ufler  iheir  judgments  in  cases  of  con- 
science, whereby  tbey  own  they  have  dispen- 
sations to  swear  lyes  for  the  promoting  of  the 
cause. 

L.  C*  J.  That  is  no  evidence  neitljer, 

OaUis  This  is  very  hard  in  such  a  case  as 
this. 

L.  C.  /.  No,  it  is  not  hard,  that  i^hat  is  no 
evidence  in  law^  shouhl  not  be  sufPeK-d  to  be 
given  in  evidence. 

Data.  It  is  evidence  against  the  poor  dis- 
senters, mv  l'»nl. 

X.  C.  X  Indeed,  8tr,  it  Is  no  evidence 
against  any  one  body  in  the  world,  if  vt»u  will 
take  my  word  lor  it ;  if  you  will  not,  I  cannot 
helu  it. 

Oaf  a.  Tben  I  offer  you  onr  thing  more,  my 
lord,  ami  llmt  is  uhnt  was  said  and  doue  in  tbo 
case  of  the  tail  of  8battcbury,  wUen  he  was 
cbargeil  with  I linfh- treason,  aud  <^ommitt<Ml  to 
the  Tower  of  l^udoii ;  at  several  sessions  in 
the  Old -Bailey  and  at  Hi<--kes's-Hall,  tbey  did 
move  that  iht'y  might  have  liWrty  to  bring  in 
an  indictmi^nt  of  perjury,  against  the  witnesses 
which  did  accuse  htm  of  treason  ;  but  now  the 
court  there  fiver- ruled  thuee  motioni:,  and  would 
not  suffer  my  lord  of  Shaftesbury's  friends  to 
bring  indictments  of  perjury  against  them,  bf - 
cause  they  would  not  have  the  king  s  cvidsnce 
indicted  oVpefjury,  nor  the  popish  plot  cnllpil 
in  question  :  this  is  a  matter  of  fact  in  the  Old- 
Bailey. 

Z.  C.  X  And  this  is  all  idle  too. 

Oate4*  Pray,  my  lor^l*  will  yon  hf^r  me  ? 

i.  C  X  But  pray,  Sir,  will  you  hear  me  too  ? 
1  tell  you  thi^  is  yotliing  to  the  purpose  neTther. 

Gates.  My  lord,  1  desire  to  »jieak  but  these 
few  words  theo,  as  to  niy  own  witnesses  1  hare 
produced.  And  the  tirsi  is  Cicelv  Mayo ;  and, 
my  lord,  though  it  be  your  lordship's  pleasure, 
not  to  have  that  good  opinion  of  ber,  as  1  think 
the  poor  woman  does  des4.'r%-e,  vet  I  hope  her 
f  videuce  will  have  its  due  weight  and  coiuide- 


rttion  with  your  lordabip  and  tbe  jmry. 
says,  she  saw  roe  in  town  to  ibe  mm 
May :  Now,  indeed,  ahje  ooold  not  bs  ] 
what  May  it  was,  but  she  MUd  it  i 
before  the  Popish  Plot  broke  out,  I 
fore  the  rumour  of  that  Plot  wi 
and  she  beheves  the  Plot  brake  oot 
But  this  she  says  positirelj,  she  saw  l 
month  of  Mav  here.      Uly  lord,  sbe^ 
give  this   rviJeucc  freeJy*aud  vob 
man  that  is  a  knave,  is  a  knare  for  i 
either  out  of  malice,  or  far  giuu  or  inle 
she  has  no  reward  given  her,  nor  can  1 
any  ;  but  in  love  to  justice,  without  any  by-< 
or  particular  interest,  she  came  bene  to  UA 
the  truth  about  her  seeing  me  tii   Loodstt^j 
May  1678.     The  next  witness  is  Mr.  ~ 
he  was  then  sir  Richard  Barker's 
lie  livetl  some  years  with  hiw,  as  bis  ., 
but  he  is  nuw  set  up  for  himscjf ;  and  btl 
that  when  he  was  about  his  magitfT*!  f 
in  the  ooach-yard,  and  fittiog-  tlie  coodifvl 
fetch  his  master  home  from  Hul4iey,  1 1 
and  this  was  the  b^inoitig:  of  May,  in  s  i 
guise ;  and  he  says,  he  saw  roe  a  scoood  i 
m  another  disguise.     Then  comes  a  thiid  i 
ness  that  1   c^led,  and  that  is  Page ;  and  I 
came  into  the  hall,  where  the   patients  ob 
wait  for  his  master,  and  there  he  met  mCt  * 
spoke  witli  me.     Then   I   ciiHed    >Vi 
luiniJiter,  but  it  happens  his  memory  j 
good  now,  as  it  was  beretofi>re  i   suid  i 
cannot  w\[  how  to  blame  him*  for  it  is  i 
siuce,  that  it  is  impossible  ff>r  an  v   hfi-U  i<i  i 
member  the  circnnistafic^es  oj  (  lia 

that  in  some  short  time  alter 
have  been  remembered  viith  lUr  greater  cw 
expected  sir  Richurd  Barker  mi^ht  have  ' 
here   subpo*n:ied,   to  justify   the   f  ' 

these  (>eople ;  and  I  did  su^jperi 
Hmith  would  have  been  examin«.ii ;  but  I  per- 
ceived the  court  tender  of  that  point,  as  kasv* 
iiig  it  would  then  easily  have  been  «ccii  ofm 
which  side  It  was  that  he  was  sub<»medy  tbslii^ 
to  make  such  a  confession  as  Mr.  ActoffiCT^ 
would  have  hinted  at. 

L,  C.  /.  Have  you  a  mind  to  examtoe  bitfi, 
Mr.  Gates  ?  Witli  all  my  heart.  If  you  coo- 
sent  to  it,  he  shall  be  examined. 

Just.  Wilhins.  If  you  will,  he  shall  be  €S^ 
amined,  it  was  for  your  sake  he  vrm&  noL 

Just.  lluliiMd^.  It  was  to  do  you  rtght,  fkif 
be  was  refused  to  be  ^wora  before. 

Oatc&.  ficiml  Mr.  Justice  H  olio  way  ^  youirf 
very  sharp  upon  me, 

IVlr.  Just  Hoihuay.  No,  I  nixi  not  st^ 
upon  you ;  I  think  the  court  did  you  a  grrat 
deal  of  justice,  you  have  no  reason  to  compiaia. 

Oaica.  Hut,  my  lord*  this  1  sav,  the  evidcoee 
upon  which  I  am  now  indlcteu  of  perjury  it 
tlic  s&tiie  which  was  delivered  six  vears  ago  •! 
the  Old-Bailey,  at  Wbitebread's  iriaJ fint,  aad 
then  at  Langliorn^B  trial,  wbef«  were  fisclEM 
witnesses  then  produced  and  htmtA  asaiBil 
me:  But  then,  my  lord,  what  credit  did  tb^ 
receive  at  VVhitebread  and  Lan^hom^s  triab  r 
Now  if  this  evidence  that  I  gave  wisthca  Is  It 


STATE  TRIALS,  i  Jambs  II,  tfiSS— /or  Pnjtay, 


[1198 


red,  though  opposed    by  so    many  wit- 

j  what  new  objection  dues  rise  e^uinst  it, 

eh  was  not  then  hinted^   and  received  an 

wet  ?     For  as  to   all  the  records  limt  are 

[it  out  of  the  House  of  Lonl*^,  ibey  have 

aoiinteilto  a  charf^€>  sufficicnlto  iliininish 

'  man's  ci^idence  iu  lljc  world :  iorat?  to  the 

iiti?e  that  is  entered  the  it;  in  the  JouroaU 

nk  1  and  any  man  else,  thut  were  cou* 

as  I  was,  loav  very  well  defend  the 

I  of  it :  and  I  do  avow  the  trutli  of  the  Po- 

Pivtf  and  will  stmid  by  it  as  lon^  a^  i  have 

hy  to  live  ;  and  I  do  ont  <|ucstion  bnt  the 

ii[»oo  cousideraCtou  of  those  Protectant 

I  tliat  I  have  here  hrouja^bl  a;raiiist  these 

sh  Seminaries,  will  aerjuit  me  of  tbiis  per- 

I  leare  it  to  your  lordship  and  tlie  juiy 

jfe ;  and  1  hope  thtjse  passages  of  heat, 

have  fallen  from  me  in  courts  shall  not 

Ite  me  fare  all  the  wonie  in  yonr  judgment. 

|ve  called  some  noble  lords  to  testify  for 

bnt  I  tiiid^  either  the  distance  of  time  has 

nght  upon  their  memories,  or  the  diHerence 

tlie  seasim  has  changed  their  opinion,   so 

now  they  disbeheve  that  which  they  did 

eve  beibre,  and  perhaps  for  aa  litlJe  reason 

.  C  /♦     As  they  believed  yon  at  lirst. 
tf/ei.  Yes,  truly,  my  Icjrd,  lor  as  I  idle  rea- 
I  ihev  beheved  me  at  lirsi ;    for  1  caunot 
tljat  a  man,  vilio  lielieres  without  a 
*if»le,  should  not  recant  that  belief  without 
oik 
t.  C  J.  What  do  yoy  mean  by  that  ? 
"^tita.  t  name  nobody. 

C  J.    But  the  nohility  thai    are  here, 

^  dial  have  bten  witnesses  in  this  can^ie,  are 

one  of  thai  honour,   that  the  conrt  is 

i  injustice  to  take  notice  of  and  vindicate 

firoto  your  scandalous  rejection !9 ;    but 

I  ihirfU  that  a  slander  from  yom  mouth  k 

'  hi  lie  scandal. 

ates.  Nor  from  somebody  else^s  nettlter. 

.  C.  J.  But,  bir^  you  must  be  taught  better 

Bfef.  I  Bod,  my  lord,  1  am  nol  to  be  heard 

bis  cause  with  patience. 

C,  X  1  think  you  do  not  deserve  to  be 
I  at  all 
^utes,  i  cannot  tell  how  to  help  it,  if  you 
I  not  hear  me. 

C  J.  CanH  you  say  what  you  have  to 
*  fur  yourself  without  reflectitios,  and  run- 
'  out  into  such  cxtraia^ncics  ? 
9atfj.  My  lord,  you  will  suffer  me  to  offer 
'iini<^  tiiat  is  material  for  my  defence. 

lust  Witkoi,   Do  you  think  it  decent  for 

'  tilts  court  to  suffer  per^ns  of  honour,  that  by 
iir  (iwn  desitv  were  s^orn  to  ^ive  tifsttmony 
his  canse^  should  lie  under  the  reproach  of 
'  tongue  i' 

titet.  Good  Mr.  jofitice  Walcot,  was  there 

'  any  man  dealt  with  as  I  am,  or  bad  such 

Doe  offered  to  be  given  again^at  him  ?  Here 

t  offer  to  blacken  me  with  the  imputation 

foal  intamous  crime  of  perjury  ;  and 

itha  are  the  witnvisei  to  prove  ii.  but  youths 


out  of  a  seminary  ?  Sir  George  Wakeman, 
and  ray  lord  Cas'tlemain,  known  papists,  and 
perhaps  Popish  recusants  convict  too.  As  for 
my  y^f^  Castlemaio,  the  record  of  his  ac* 
qtiittal  h  brought  as  a  charge  against  me,  to 

tirove  that  T  was  forsworn,  and  not  believed  at 
lis  trial ;  when  all  the  world  knows,  it  wa» 
because  there  was  but  oue  witness  against  him, 
that  he  came  off,  and  that  was  the  reason  that 
was  urged  by  my  lord  chief  justice  Scroggs  at 
that  very  tiinc,  who  would  not  admit  Danger- 
field  to  bo  a  witness,  and  reflected  not  at  all 
upon  ray  testimony,  but  directed  the  jury,  for 
want  ol  another  witness^  to  acquit  him.  Tbeii, 
ray  lord,  here  is  VVaketimn  brought,  and  hia 
acquitlaltoo  j  he  swears  all  i  said  against  him 
was  faJi^e  i  whereas^  tiail  it  not  been  for  two 
dislwnest  persons,  one  I  have  now  in  my  sight* 
I  shall  not  name  any  names,  we  could  at  that 
time  have  proved  live  thousand  pounds  of  the 
money  paid  to  him,  and  that  lie  gave  a  receipt 
for  it/  But,  mv  lord,  this  I  am  sure  of,  if  I 
had  been  brougfit  in  as  a  witness  in  the  case  of 
those  that  suffered  lately  for  the  Presbyterian. 
Fanatic  Plot  (as  they  call  il),  f  had  never  been 
i^a11ed  in  question,  if  my  evitlence  had  been 
false  ;  but  it  is  apparent  the  Papists  have  now 
a  turn  to  serve,  and  these  Papists  are  brought 
in,  the  St,  Omers  youths,  to  bear  this  testimony 
on  purjiose  to  falsify  my  evidence,  and  to  brin^ 
off  the  Popish  Lords  that  now  stand  impeachea 
of  high -treason  for  the  Popish  conspiracy : 
liijt,  my  lord,  I  hope  as  the  court  would  never 
admit  indictments  of  perjurj'  a^inst  the  wit- 
nesses in  that  case  of  my  lonl  Shaftesbury,  so 
you  will  not  admit  it  here ;  and  if  my  lord 
chief  justice  Jones  were  in  the  right,  who  did 
the  snme  thing  in  his  circuit,  1  hope  I  shall 
ba¥e  that  right  done  me  here.  My  lord,  it  la 
not  me  they  indict,  but  the  whole'  Protestant 
interest  is  aimed  at  in  this  prosecution  ;  and 
hereby  they  arraign  the  whole  proceedings  of 
Ko  many  parliameuU,  all  the  courts  of  justice, 
and  the  verdicts  of  those  juries  that  convictetl 
the  traitors  that  were  executed  ;  for  luy  owa 
part,  I  care  not  what  becomes  of  me,  the  truth 
will  onetime  or  another  appear. 

L.  C,  h  I  ho|>cin  G<»d  it  will. 

Outn.  I  do  not  qnestion  it,  my  lord, 

L.  C.  J.  And  1  boi»e  we  arc  finding  it  out 
to-day, 

Outes,  But,  my  lord,  since  I  have  not  tha 
liberty  to  argue  those  things  that  were  most 
material  for  my  defence  against  this  indict- 
nicnt,  1  appeal  to  the  great  God  of  heaven  and 
earth,  the  judge  of  all ;  and  once  more  in  his 
presence,  and  before  all  thi«  auditory »  I  avow 
my  evidence  of  the  Popish  Plot,  all  and  every 
p«rt  of  it,  to  be  notliing  bnt  true,  and  will  ex- 
ppct  from  the  Almighty  God,  the  vindication 
of  myinleprity  and  innocence, 

Sol.  Gen,  May  it  please  your  lordship,  and 
you  gentlemen  of  the  inry 

Oatfs,  My  lord,  1  nave  one  thing  to  move 
to  your  lordship ;  1  desire  1  may  be  brought 
up  to* morrow  by  rule  of  court  to  hear  mj 
trial  thai  is  then  to  be. 


1199]  STATE  TRIALS,  1  Jambs  IL  le^S.-^THaU/TUmB  OMia,        [IflOO 

Gentlemen^  The  evidence  that  hu  ben 
given  to  prove,  that  he  waii  not  pretoit  at  anj 
buch  consult,  nor  did  canrv  any  aiich  resolntitB, 
has  been  by  nrowng^  wnere  he  was  at  tbM 
very  time  that  he  swesra  thia^conaiill  waa  beU, 
that  is,  that  he  was  reaily  at  HL  Onm,  it 
^arts  beyond  the  seas,  and  not  in  Loodoo ;  ni 
to  make  out  this,  we  have  produced  no  Sea 
than  twenty  witnesses,  that  swear  poatiniT, 
and  give  yop  very  many  drcumstaneei  ii 
imiuee  you  to  beheve,  that  what  the?  bsiv 
taken  upon  them  to.  remember,  ia  reaDy  mk 
eflectually  true. 

First,  You  have  Mr.  Uilsley ;  and  heswein 
that  he  himself  came  away  frdm  8t  Omenthr 
S4th  of  April,  New  Stile,  which  ia  the  14ditf 
April,  Old  Stile,  which  was  a  Sunday ;  tfal 
night  became  to  Calais,  the  next  day  be  ah 
rived  at  Dover,  and  <coming  op  to  toini  Hi 
wards  London,  the  next  day  be  met  with  Jfr. 
Bomaby,  who  was  then  going  toStOam. 
And  he  further  swears,  that  at  thai  very  lim^ 
when  he  came  from  St.  Omen,  he  left  (ktn, 
the  defendant,  upon  the  phioe :  thu,  1  ny,  vii 
the  14th  of  April.  And  tor  a  confinnaboatf 
this  to  be  true,  he  left  him  there  at  that  tiae, 
I  would  mention  what  two  other  witneaMS  i» 
testify,  and  therein  do  verily  what  he  swcan; 
for  Uiey  tell  yon,  that  at  this  Tery  time  wbca  he 
came  over,  or  within  a  day  or  two,  but  Inf 
before  such  time  as  there  was  any  occaaoa  H 
bring'  this  to  be  a  question,  he  told  one  of  tboa, 
in  a  discourse  that  was  between  them,  thtt  he 
had  left  upon  the  place  from  whence  he  cum, 
which  was  ;he  college  at  8l.  Omen,  ao 
English  minister,  whose  name  was  Saiuptaa 
Lucy 

Gates,  My  lord,  I  beg  I  may  have  leaf e to 
withdraw,  fur  I  am  very  iveak  aud  ill. 

L.  C  J.  Theti  make  room  for  him  to  gt 
away,  if  he  will. 

Soi.  Gen,  Aud  thcv  trivc  you  an  arcouni, 
that  tlie  defendant,  ()ates,  %ient  by  that  ninie 
there,  and  it  is  not  deitietl  by  him  that  he  did 
so  :  and  this  is  a  oirtMiinitaucc  i^p  atly  verityiig 
Mr.  Uilsley 's  evidMice.  Tliun  tH)iues  Mr. 
Riirnaby,  vmo  s\\carSy  that  he  met  Mr.  HiliIrT 
when  he  C'lme  from  8t.  Oinera,  about  the  I61I1 
of  April,  Old  Stile,  and  the  2ist  of  April,  UM 
•Stile,  he  came  to  St.  Omers  ;  and  that  wben 
he  came  ilierc,  he  found  Oates  there  upon  the 
nlntv;  UiiNwasthe  1st  cif  May,  New  Stile; and 
ne  g.vei  yo"  this  circuuisunce  to  stren^thn 


L.  C.  J.  Ay,  let  him  be  brought  up  by  rule 
to  his  trial. 

Oatet,  My  lord,  I  lie  under  very  great  afflic- 
tion with  the  stone  and  the  gout,  aud  besides 
that,  I  have  hun  in  irons  these  twenty-one 
weeks;  I  beseech  your  lordship,  that  this 
crueltv  may  not  be  inflicted  upon  me.  My 
lord,  I  am  but  hitherto  a  debtor  to  the  king 
ujHm  a  civil  account ;  and  iff  should  be  con- 
\iet«l  upon  these  indictments,  I  could  then  be 
bnt  in  execution  for  a  trespass  :  and  I  humbly 
conceive  and  hope  the  court  will  shew  me  thait 
favour,  as  to  acquaint  my  keeper,  that  I  ought 
not  to  be  so  handled. 

L.  C.  J.  Look  you,  for  that,  I  tell  you  again 
what  I  have  often  said,  I  expect  from  the 
marshal  that  he  keep  you  as  he  ought  to  keep 
you;  I  have  heard  that  there  have  been 
abandance  of  attempts  made  for  your  esca|>e, 
and  therefore  the  marshal  must  have  the 
gteatercare  of  you. 

Oatcs.  Let  any  of  those  complaints  be  made 
out,  ikiy  lord,  and  I  will  be  contented  to  be 
used  how  they  will. 

L,C.J.  I  repeat  it  again.  Let  the  marshal, 
have  a  rare  to  keep  you  *  in  salvft  et  arctft 
*  CnstodiV  according  to  law. 

Jnst.  HoUoway.  If  the  marshal  does  other- 
wise than  his  duty,  inform  against  him,  and 
take  the  remedy  the  law  allows. 

Marthai,  But  the  last  night,  my  k>rd,  ropes 
were  brought  into  his  chamber,  on  purpose  to 
give  him  means  to  escape,  and  here  are  the 
pnndle  of  rones. 

Oates,  I  Know  nothing  at  all  of  them,  I 
assure  vou,  my  lonl. 

L.CJ.  \Vell,  you  have  our  rule.  Go  on, 
BIr.  Solicitor. 

Sol.  Gen  May  it  please  your  lordship,  and 
you  geullemoii  of  the  jury^  I  am  of  counsel 
tor  the  kiiif^'  in  this  cause  ;  which  is  upon  an 
iudictaient  of  perjury  a  ;din<it  Titus  Oales,  the 
defendant;  and  the  perjury  cl- i.g^cd  upon  the 
detendint,  is  laid  to  be  in  hi-  •■  ih  at  the  trial 
of  Ireland,  at  the  Old-Pailev  ;  and  it  is  thus, 
that  he  in  his  evidence  a*  that  tr'ral  did  swear, 
that  there  was  a  treasonaMe  cousult  of  'he 
Jesuits,  held  at  the  White- Horse  tavern  in  ihe 
Stiand,  the  21th  of  Anril  1678,  and  that  he 
was  there  prcs.int 

Oat  ex.  Ay,  1  was  vliere. 

L.  C.  J.'  Yon  must  l)e  quiet,  and  let  the 
counsel  goon  without  interruption 


after  lie  t^ame  to  St.  Omers,  Oates  iuti 
into  Ills  coni|)any,  and  got  himself  acquaioud 
with  hhn.     lie  says  further  that  upon  thf  Sid 


So/.  Gen.  And  that  they  se|)arateil  them-  i  his  testimony,  that  he  very  well  remembRS, 
selves  into  k^ser  com  panics 'and  clubs,  and  that  thatuiion  the  3nd  of  Mav,  Sew  Stile,  the  &v 
the  Jesuits  came  to  :j  resfdution  to  innnlcr  the 
late  kinir,  and  that  he,  the  def'enduiit  Oates, 
carried  this  resolution  from  chamber  to  cham- 
ber, and  sa^  it  signed  by  them  :  fow  all  this  |  May,  New  Stilo,'^hc  particularly  "rememb«» 
is  laid  in  his  iudictiueui  to  i>e  false  ;  for  that,  in  .dates  was  iu  his  company  there,  anil  tbcy 
truth,  he  wasfiot  present  at  any  such  consult  '  went  into  the  ganleu  and  walked  together:  he 
of  tlic  Jesuits  at  the  White- Horse  tavern  in  the  j  alsti  says,  he  saw  him  the  5th  of  Mav,  Stw 
Strand  upon  the  34th  of  April  1(578,  nor  did  |  Slile,  which  istheQ^.h  of  April,  Ohi8iile,lbr 
carry  any  such  restdiition  from  cha<nber  to  '  day  alter  this  day  assigneu  for  the  cofliiA 
chamber  to  be  signed,  as  he  had  sworn  in  the  |  with  this  cinuimstance,  that  he  lemembenM 
Old -Bailey  at  tliat  trial ;  and  so  has  committed  i  have  seen  him  ui  the  Rhetorick  school,  and  » 
wilful  ana  conupt  perjury.  (successively  atlenrarda  he  gives  yo«  a  parti- 


m 


STATE  TRIALS,  1  James  IL  \6$S,^for  Perjury. 


[1308 


r«ccatiat  dnwn  to  NidAuumier  :  after  tliftl, 
Nil  the  college  lU  $L  OiDeiJS, 

ten  ii>*  *-'t:-s«t  w«  produce  is  Mf. 

^If  aiui  ht  I  iiii  ncctiiMii,  ttiut  lijjon 

|t7atJi  «r  \^,:.    .  ,, ..,  New  Stile,  whti*h  was 

J^tU   «(  Ajml,  c»ur  Siile,  he   canui   over 

t  Atid  iui  Icli  bt'liind  bun  ul  8t.  Omers  the 

dittut  i*at€9 ;  fVir  he  parti«*ufarly  » emcm- 

he  saw  bim  iberc  when*  lie  came 

%y  ;  bO  HilsU  V  leU  him  the    14tb  uf  Ajinl. 

PmoI  cAri)L;tvvav  the  ISHt  of  April,  wbith 

heir  25th,  onil  fcft  him  at  Hi,  Omers,  ami 

i  nut  remember,  that  be  used  to  be  kbseut 

*#f  the  colle^^e  ;    unJ   Mr.  Buruuby  limls 

tberv  ib<^  ^Ist  of  April;  so  ihat  purticii- 

ttt  :f     i        ^  the  «ihert«ci  cume  att^ay, 

Bi;  lie  tUiiber^  there  he  wm^  and 

rV    ^'l'>'    It i III. 

ti  witii€SH  is  Mr.  Tliorntun,  and  he 

I  ao  Dirount  when  Oates  cauic  thither 

and  how  ion;;  he  i»taid  there ;  be  says 

ftme  about  rbristmas  IG77,   and  there  lie 

till  Midsummer  e?e  107H  ;  and  he  tells 

liome  paritoular  days  be  saw  him  on  ;  be 

1  he  saw   him  there  on   the  1st  of  May, 

^li(e,  and  he  saw  bim  the  Stidof  May, 

B,  in  company  with  J^Ir.  Burnaby,  the 

^'•fier  hm  arrival  there,  wondermg  at 

^mdden   acqui^intance.     And  he  aiids'^a 

CQtar  drcmnsiance,  why  be  rcmembei-s  it 

2nd  of  ftlay  J  because  that  day  the 

irsal  8t.  Omers  acted  a  pfay,  at  which 

\  had  a  scuffle  for  a  f^eat :  and* he  says  he 

ikewise  remember  him  to  have  been  ibere 

Mr.  Pool  came   away,  which   was  the 

I  of  April,  New  8tile. 

l»en  Mr.  Conway,  ihal  was  our  next  wit- 
BcsB,  ;jpie«you  an  account  likewise  of  Gates's 
ihtig^  to  St,  Omers  about  December   Id?  7, 
I  bow  long^  he  staid  there,  viz.  till  the  biter 
tof  Jun^  1070.     And  he  does  not  remoudjer, 
t  be  by  out  of  the  cnliege  above  one  ni^ht, 
^jhat  was  in  January.     And  he  renieiiil»ers 
^  rly  ihat  be  saw  bim  with  Mr,  Burnaby 
iy  In  May. 

I  we  brouj^ht  another  witness,  and  that 

Ha^g^l^rstone  ;  and   lie  tells  you,  he 

I  reaaon  to  remember  ^Ir.Uate^,  for  he 

Waaine  classii^  with  him;    and  this 

I  l^rei  an  account  particulnrly,  that 

»b«rs  bim  to  Ik:  there  tlie  next  day 

»  Bimtaby  came,  and  agrees  in  testi- 

ilk  all  thereat,  that  from  Christmas 

Limmer,  he  w«u>  not  absent  out  of  the 

ebut  one  night. 

ijjaie  nnotherwitocvs,  Mr.  Becston  }  and 
nberw,  that  Oatct  was  playing  at  nine* 
I  Ist  of  May  ;  he  leinendierH  the  2d  of 
•y  iohave  iieen  him  with  Mr.  Burnaby  after 
Ibfi  play  «i  utf  Of  er  ;    and  that  ag^rces  with  the 
'^     '  witiuswes  about  his  beinj^  in  Burnaby's 
f  the  ^d  of  May  ;    and  he  remeniljers 
y  tliat  he  himsellf  was  cho»en  reatter  to 
pity,  but  upon  Mr.  Oates*&  importunity 
^'    \  the  place  in   Mr.  Beeston^s  room, 
i  tht»  resenre  aad  cooditiou,  That  Mr. 


Beeslon  wi^  to  be  reader  at  any  titnc,  if  Outefj 
failed.  And  he  {jives  you  this  particular  ac* 
count,  that  Oulesdid  ttiid,  as  he  believes,  every  i 
Sutidiiy  and  holiday,  fnjra  the  latter  cud  of  1 
MiO'b,  w ben  be  was  eho»en  reader,  to  witbifi"1 
II  week  of  his  jjoinn^away;  for  that  he  did  I 
never  read  himsl'lf,  us  he  i»boubl  have  done  if} 
O.ites  had  bet  n  absent  or  failed  to  rend. 

We  have  another  witne&s,  ami  that  19  Mr* 
Smith :    and  he  swears  his  beiny;  there  fro^ii 
Chiistmas  3677  to  I^Iidsummpr  167B,  mid  he 
remembeis  particularly  as  to  Aptil  ami  May*  1 
because  the   21st  of  April  he  hims*'U  fell  «»ick~| 
in  the  college,  and  went  into  the  inlirmary ,  and*] 
remained  thrre  till  the  7th  of  May ;    and  \\9 
does  remember  that  Gates  visited  bim  very  oflt  | 
in  that  time  in  the  infirmary,  and  told  him  Mr. 
Hilsley  was  i^one  away,  and   Mr.    I'ool  wat  ] 
lyone  away,  and  two  or  three  other  parUculari,  ^ 
which  hap(>ened  in  the  CMlleife  at  ihat  time  ;  **»  | 
thut  there   is  another  evidence,  tliat  U   very  , 
Ktron**"  with  circumsianees  to  confirm  the  tes» 
timony  of  the  rest  ;  and  he  gives  yo  i  a  very 
satistactory  iicconnt  of  it,  by  shewing  the  rea*  | 
sons  bow  he  comes  lo  remember  these  thin;ra. 

Mr.  Price,  i»  bo  was  our  next  witness,  haa  1 
given  you  a  relation  ail  to  the  same  purpose  of  J 
l>ates*i  coming  there  at  Christmas,  and  of  his  T 
going  away  at  Midsummer.  And  he  remem*  1 
bers  particularly,  that  Oates  was  at  Su  Omert  | 
when  the  Jesuits  went  to  the  consult  at  l>tndon|  ^ 
for  that  there  was  acouiinlt,  and  at  that  iiinc, 
iis  acknowledged  to  be  true ;  but  not  such  as  he  I 
•ays,  nor  was  h«  there  ;  but  he  says  some  of  j 
the  fathers  did  call  ill  ere  in  the  way  lo  Kng-  { 
JatuL  And  at  that  very  time  and  after,  lie  khw 
him  there.  And  Mr.  liuddingfton  gives  you  the  ] 
same  account. 

Then  comes  Mr,  Gcrrard,  and  he  tells  3^ou 
a  story  to  the  same  purpose  :    bow  long  Outes  \ 
was  there,  and  when  he  came.      And  that  the  J 
*id  of  May,  be  remembers  Oates  was  at  the  *• 
play  ;    and  he  remembers  the  26ih  of  May,  ' 
Oates  was  there,  which  was  the  16lh  of  May 
Old  Htite.     And  he  is  sure  Oates  was  there  at  1 
tliat  time,  for  this  reason,  thai  being  tlie  day 
whereon   he  himself  was  conhrmcd,  St.  Au* 
guiitine's  day  ;  and  Gates  wascootirmed,  with 
him :  and  therelore  be  has  reason  to  remember 
Gates  was  at  St.  Omers. 

My  lord  Gerrard  ot  Bromley  was  our  neict 
witness,  and  he  gives  you  an  account  to  the  ' 
same  purpose  ;  and  to  the  general  evidence, 
in  which  he  conBrms  the  oUters,  he  adds  this 
particular,  That  Oates  used  to  read  with  u  sm- 
gular  canting  Utne  so  that  he  must  neeih  re- 
member him,  and  was  so  remarkable  for  other 
things,  that  he  could  not  1m?  absent  vi  iihout  be* 
ing  missed,  which  he  oeier  was. 

Then  comes  Mr*  iMorgan,  who  was  there  at 
that  time,  a  scholar;  but  he  is  now  a  minister 
j  of  the  church  of  England  ;  and  thereiore  nol 
I  hable  to  Air.  Oates's  great  exception  of  rcli* 
gitin,  Ifecontirmsi'^hat  all  the  witnesses  wutl 
of  the  time  of  Gates's  corning,  itrid  o(  the  tiins  1 
of  his  going  away ;  and  particularly  he  ^wearii| 
lliat  ¥^cn  Mr,  B.iUle^   y(^\A  %^v|^W  ^^ 

4  H 


1203]  STATE  TRI ALS»  l  Jam  K8  H.  l685.— Trur/  cf  JUm  Oaie$,         [1904 


there;  when  Mr.  Pool  went  away,  he  was 
there ;  and  when  Mr.  Bumaby  came  Uiither, 
he  was  there.  And  this  is  not  all,  for  there  is 
something  more  remarkable  in  his  testimony ; 
/or  he  tells  you  particularly  he  does  remember, 
That  npou  the  24th  of  April,  Old  Stile,  the  day, 
gentlemen,  ^  hen  Oates  says  he  was  at  the  con- 
sult in  London,  Oates  was  then  at  St.  Omers. 
And  the  occasion  of  his  remembering  this,  he 
gires  you  an  account  of;  for  he  tells  you,  upon 
reading  the  trial  of  Ireland,  where  Oates 
•Hears,  That  he  was  here  at  the  consult  the 
S4th  of  April  1678,  Old  Stile,  all  the  college 
reflected  upon  it,  and  wondered  at  the  impu- 
dence of  the  man,  that  he  should  dare  to  swear 
such  a  thing,  when  all  the  college  remembered 
him  to  be  there  all  the  while.  And  upon  re- 
collection of  circumstances,  he  himself  did  par- 
ticularly recollect  his  own  playing  at  ball  that 
▼ery  day,  and  having  tossed  his  ball  over  the 
wall,  he  borrowed  Oates's  key  to  go  into  the 
garden  to  fetch  it :  And  this  was  thought  of 
whilst  things  were  fresh,  and  every  man  remem- 
bered thix,  or  that,  or  the  other  thing  to  be 
done  at  such  a  particular  time. 

Mr.  Arundel,  who  was  another  witness, 
proves  the  general  testimony  of  the  rest,  and 
agrees  in  some  particular  things ;  and  all  he 
pays  is  to  the  same  purpose. 

Mr.  Christopher  Turbervile,  he  comes  and 
•wears  Oates's  being  at  St.  Omers  the  4th  or 
5th  of  'May,  which  is  the  24th  and  25th  of 
April  Old  Stile.  For  that  upon  Mr.  Pool's 
going  away,  he  changed  his  chamber  in  the 
college,  and  saw  Oates  divers  days  afterwards 
in  his  chamber,  and  at  the  door ;  and  he  knew 
that  he  constantly  read  in  the  sodality,  and 
that  he  letl  particiilurly  the  Sunday  before  he 
went  away,  wliich  was  about  Midsummer 
1678. 

There  was  another  gentleman,  and  that  was 
Mr.  Anthony  Turbervile,  who  gives  evidence 
all  to  tlic  same  purpose ;  and  this  circumstance 
goes  thoroufrh  all  the  testimony  of  these  per- 
sons, that  there's  scarce  any  body  can  come  to, 
or  go  out  of  the  colle;^c,  but  it  is  known  to  all 
that  are  there ;  every  man  takes  notice  of  it, 
it  is  the  common  discourse  an)ong<>t  them ;  and 
therefore  they  give  this  as  the  reason  of  their 
belief,  that  he  was  there  all  this  while,  because 
tliey  did  not  remember  any  thing  that  should 
give  them  occasion  to  believe  Mr.  Oates  was 
Away  from  the  college  from  Christmas  till 
Midsummer,  but  only  one  time ;  and  the  re- 
membrance of  that  does  shew,  that  they  do 
really  observe  these  thins^s,  i'or  they  coiUd  all 
tell  that  in  January  he  went  to  Wdtton,  and 
^taid  out  one  night. 

There  is  one  witness  more  that  is  positive 
and  particular,  and  that  is  Mr.  Claveriug,  and 
he  remembers  Oatc-s,  by  a  very  reniArkable 
circumstance,  was  at  St.  Omers  at  the  very 
time  the  cont;;;regation  is  said  to  be  held  in  Lon- 
don ;  for  he  tells  you  there  came  a  person  to 
beg  money  of  him,  and  there  was  a  collection 
made  in  the  house ;  and  this  person  did  desire 
i9  sj^  ffitti  Ofttas,  wjio  was  Ui«q  in  the  col- 


lege, and  whom  it  ■eems  this  penoo  bid 
known  in  ^pain  ;  but  Oates  did  refuse  to  speak 
with  him,  and  did  not  oome  down  to  bioi. 
Thus  he  remembers  such  an  one  came  there, 
and  when  he  was  there,  he  was  sent  to  Oates 
to  desire  him  to  come  down  to  this  mao,  lod 
he  would  not.  Ay,  but  now  how  is  this  remem- 
bered to  be  at  the  time  when  the  congregatitKi 
was  held  here  in  England  ?  An  to  that,  be 
gives  this  plain  and  full  account.  That  it  nuMt 
be  at  that  very  time ;  for  the  scholars  did  din- 
course  among  themselves,  and  were  reckmiiB^ 
up  what  he  had  gotten  among  them,  and  what 
he  had  gotten  at  Watton ;  and  finding  that  it 
was  very  inconsiderable  that  he  had  gotten  at 
Watton,  they  talked  among  themselves  whit 
should  be  the  reason;  and  concluded  it  wn, 
because  the  fathers  were  gone  over  to  £ogliiid 
to  the  congregation. 

These  particular  circumstances  our  witoeMi 
give  you  as  the  reasons  of  their  particular  re- 
membrances of  the  particular  times :  But,  era- 
tlemen,  you  must  take  along  with  you  lL«e 
general    considerations  too  that  are  oficfcd, 
which  do  affect  the  whole  time,  from  Christ* 
mas  till  31i(Uummer.     First,  That  none  cm 
come  or  go,  without  l>eing  discoursed  of  io  die 
college:    Next,  that  much  more  Mr.  Oatn 
must  needs  be  missed,  than  any  other,  beiapn 
remarkable  a  person,  as  they  tell  you,  tint 
scarce  any  week  passed  without  his  making  it 
remarkable  by  some  ridiculous  action  or  iDO- 
'  ther.     They  say  he  sat  singly  by  himself,  it  i 
I  particular  table,  that  no  man  could  come  iito 
I  the  hall,  but  they  mubt  see  him ;  and  therefore, 
I  if  absent,  must  needs  miss  him.      And  jet 
thej'  swear  they  <lo   not  ever  remember  htm 
absent,  but  that  one  night;  and  if  he  had  beeq 
I  absent,  they  must  neetis  have  oliservrd  it,  be* 
:  cause  of  all  those  circumstances  that  have  been 
'  reckoned  up. 

These  are  the  witnesses,  gentlemen,  that  we 
i  have  produced  to  prove  this  charge  upon  die 
defendant,  two  of  whom  are  brought  ouly  to 
verify  Mr.  Hilsley's  testimony  ;   havinif  heard 
it  from  him  at  that  time  that  he  had  left  Oatct 
at  St.  Omers,  when  there  was  no  thoughts  ot' 
this  question. 
j      Now  among  these  twenty  witnesses,  there 
are  not  above  two  or  three  at  most  that  were  ai 
either  of  the  trials  before.     They  were  never 
\  produced  as   evidence,  though   nideed  tbey 
proved  the  same  thing  that  was  testified  bV 
;  others  then,  but  with   many   other  cimm- 
>  stances  and  particularities  that  were  not  befoif 
I  spoken  of;  some  are  now  produced  that  wen 
produced  before,  and  the  reasou  is,  becauie 
!  they  are  themselves  concerned  in  those  parti- 
cularities which  gave  occasion  to  the  othm  ts 
remember  them. 

Gentlemen,  after  the  producing  of  ao  manj 
;  witnesses,  and  so  strong  a  proof,  what  is  it  that 
Mr.  Oates  has  nro<luc^  against  it?  His  Diiii 
,  objection  to  their  testimony  is,  There  were  at* 
'  veral  that  came  from  St.  Omera  to  testify  it 
those  former  trials  what  these  now  s^ear,  wki 
(  were  not  believed,  but  I  wm  bdieredi  u'  A< 


1905] 


STATE  TRIALS,  1  JamkbII.  l6ii.—for  Pitjury. 


[1S06 


Ben  were  con?icted,  condemned,  and  execut- 
ed upon  my  testimonv :  But  is  that  all  he  has 
to  sav  ?  No,  says  he,  I  have  likewise  witnesses 
lo  o&r  as  a  counter -proof  to  them,  a  positive 
proof  that  f  was  here  in  Eni^land  at  the  time 
they  swear  me  to  he  at  8t.  Omers.  And  he 
says  well ;  if  that  be  proved,  there  is  an  end 
cf  the  case.  Wei!,  what  is  the  proof?  The 
witnesses  that  he  has,  have  been  these  four, 
Cicely  Mayo,  servant  to  sir  Richard  Barker ; 
Botler,  his  coachman ;  Page,  anoUier  of  sir 
Richard's  servants ;  and  the  narson  Walker. 

The  evidence  of  Pajjfe  and  Walker,  thoutfh 
produced  last  by  Mr.  Oates,  yet  i  crave  leave 
lo  mention  first,  and  set  them  out  of  the  way. 
Pk^e,  he  remembt'i-s  to  have  seen  Mr.  Oates  in 
1  disguise  at  sir  Kichanl  Barker's,  that  is,  in 
grey  ck>aths ;  hut  he  is  not  certain  as  to  the 
time ;  and  he  cannot  take  upon  him  to  say 
what  time  of  the  year,  or  what  year  it  was, 
only  he  behoves  it  was  in  May  :  and  therefore 
that  can  be  no  sufficient  evidence  to  contradict 
ititoesses,  that  with  g;reat  particularity  speak 
to  certain  times.  As  for  Walker,  the  parson, 
he  said  he  saw  him  between  2St.  Martiu's-lune 
aad  Leicester-fields;  hut  he  cannot  remember 
Ibe  time  when  neither :  nay,  the  remembrance 
be  has  of  it  <):oes  rattier  to'  another  time,  than 
the  time  in  question ;  for  bein^  asked  wjiat 
dreuoiKtance  he  knew  the  time  by,  he  said,  it 
was  ab<iut  a  year  and  a  quarter  before  the  plot 
«■•  discovereii,  which  must  be  in  April  or 
May  1677,  a ud  that  will  do  the  doctor  no  ser- 
fire  at  all  upon  this  question. 

Now  let  us  consider  Mrs.  Mayors  testimony ; 
and  the  oath  that  she  made  was  this,  That 
when  Oates  came  over  into  Kn^fland,  she  saw 
him  at  sir  UichanI  Barker*s  house  the  latter 
fBd  of  April,  or  the  beginning  of  May,  and  the 
vedL  befiire  Wliitsuntide,  the  latter  end  o^' 
April  or  the  beirinning  of  May,  was  the  first 
time  that  he  came,  that  she  saw  him ;  but 
t|iat  he  came  before,  as  she  heard,  but  the 
CBKhman  only  saw  him,  and  tiUI  her  that 
Ottes  had  been  there :  but  the  si^cond  time 
Aedidaee  him,  and  he  went  in  and  dined  there 
m  the  house.  Sir  Richard  Barker  was  not 
there,  but  my  lady's  sister,  her  sons  and  dauffh  • 
tn  were  there.  She  sa\s,  that  she  saw  him 
igiin  a  week  before  Wlntsuntide  ;  that  when 
became  the  first  time  he  was  in  grey  clothes, 
I  white  hat,  and  a  short  perhwig.  AVterwards 
be  was  iu  black  clothi*s,  a  pretty  long  |>crri\«ig 
Ml  very  long,  but  the  pcrriwig  was  brown; 
ltd  these  are  the  circumstances  she  remem- 
knto  have  seen  him  by. 

Now  let  us  see  what  butler,  the  coach rnan, 
liys:  he  remembf-rs  about  tlie  beginnin;^'  of 
ilij  be  saw  Oates  at  his  master's  house  iti  a 
C^piite ;  the  other  said  it  was  the  latter  end 
^April,  or  the  begiiming  of  May  ;  but  I  siand 
>lt  apon  that :  but  this  he  d'>es  swear,  'J'hat 
te  fifit  time  he  saw  him,  (Jiccly  Mayo  saw 
■Bi  toOy  that  he  was  then  in  grey  clothes,  a 
^bite  hat,  but  his  hair  was  cut  short,  and  he 
fid  no  perriwig  on ;  afterwards  he  came  in  a 
•ccdouced  coat,  and  greed   ribbous, 


and  a  long  black  perdwig.    This  is  Butler*  • 
evidence. 

Now  these  two  people'li  eviilencc  are  utterly 
impossible  to  be  reconciled,  they  contradict  on« 
another  so  much:    first  they  contradict  one 
another  in  this;  she  says,  the  first  time  h« 
came  she  did  not  see  him,  but  the  coachmau 
told  her  he  had  been  there;  but  he  swears, 
That  she  did  at  that  time  look  out  of  the  win- 
i  dow  into  the  yard,  and  did  see  him  as  well  as 
I  he.    Another   contradiction  is  this :   she  re- 
members the  firsttimehccame  in  grey  clothet^ 
a  white  hat,  and  a  short  perriwig ;  toe  coach- 
man swears  he  had  no  perriwi;;  on ;   but  hit 
hair  was  cut  short  to  his  ears.    Then  again  she 
swears  the  second  time,  he  was  in  black  clothes 
I  and  an  indifferent  long  pcrriwig,  and  the  per- 
I  riwig  was  brown  :  and  the  other  swears  he  was 
'■  in  cinnamon-coloured  clothes,  and  a  long  per- 
:  riwi;^,  and  it  was  a  black  one..    Now  thus  yoa 
I  see  the  witnesses  contradict  themselves^  and 
cannot  be  reconciled  to  one  another. 

But  take  one  thing  more,  which  is  very  cono 
siderabie,  wherein  she  contradicts  Mr.  Ger- 
rard ;  for  she  swears  he  was  here  a  week  be- 
fore Whitsuntide;    that  she  is  sure  of:   now 
that  falls  upon  the  nineteenth  day  of  May; 
then  U[>on  the  sixteenth  day  of  May,  wastha 
week  before  Whitsuntide  ;  now,  that  is  a  most 
eminent  <lay,  by  the  testimony  of  Mr.  Gerrard  ; 
f«»r  that  happens  to  be  the  twenty-sixth  of  May, 
New  Siile,  and  that  was  the  day  he  was  con- 
firmed with  Mr.  Gerrard  at  St.  Omers ;  and 
nomansi^re  can  doubt  which  of  the  two  wit- 
nesses is  to  be  believeil ;  and  it  cannot  but  be  true^ 
that  he  was  there  at  that  time,  because  so  re- 
markable a  circumstance  cannot  be  forgotten : 
and  yet  this  woman  swears  that  he  was  them 
a  week  before  Whitsuntide,  and  that  by  com- 
putation must  be  the  time  of  his  ciinfirmation. 
But,  gentlemen,  another  thing  that  1  ofierupon 
the  testimony  of  these  witnesses,  is  this :  if  yoa 
will  believe  it,  he  himself  contradicts  his  own 
witnesses,  or  they  him,  and  one  of  them  is  for- 
sworn :  for  he  has  sworn  the  consult  was  the 
twenty-fourth  of  April,  and  that  three  or  four 
days  after  that  was  over,  he  went  back  with  tlia 
fathers  to  St.  Omers :  now  this  contradicts  all 
that  his  witnesses  have  said.    But  he  has  given 
himself,  as  he  thought,  some  little  latitude ; 
says  he,   the  consult  began  tlic  twenty -fourth 
but  it  hcM  six  or  seven  days  longer.     We  will 
for  this  time  admit  it  to' be  so,  and  {jpve  him 
the  six  days  he  re(|uires ;    and  yet  after  all,  it 
will  not  come  up  to  the  time  that  his  witnesses 
speak  to :  for  to  the  24th  of  A|)ril,  add  six  days 
and  that  brings  us  just  to  the  last  day  of  April; 
and  then  take  fuur  days  in  May,  to  make  up 
the  three  or  four  tlays  after  the  consult  was 
over,  and  we  are  yet  at  a  (^reat  distance  from 
the  Whitsun-week ;  for  that  was  the  19th  of 
May,  and  the  week  iK'fore  must  l>e  the  liKth  or 
13th,  and  so  it  is  im|Hr(sihlc  to  he  reconciled  to 
truth  what  he  and  his  witnessi-s  sw^ar ;  either 
tile  cvidiMice  that  the  doctor  now  brings,  must 
Uf*  n  contradiction  to  his  own  former  oath,  or 
his  oath  pro^ea  \U«^   ^m  vojsfiokR^  >Qr»i^si% 


1«7] 


STATE  TRIALS*  i  Jamss  II. 


the  eontracKction  thit  is  beCrreen  the  witncflses 
themfelveR;  for  they  tbtv  in  a  great  many 
material  circemstances,  which  I  nave  before 
reckoned  up  to  you. 

But  gentlemen,  false  witnesses  are  fery  often 
flelectisd  by  little  circumstanees,  though  I  must 
needs  say,  these  are  not  small  ones ;  for  these 
are  very  remarkable  things  in  thenisclves,  and 
fpreat  contradictions  to  one  another,  and  thrre- 
lore  it  is  impossible  they  both  can  swear  true. 

There  were  some  other  witnesses  that  were 
produced  by  Mr.   Gates  formerly  upon  this 

Eoiot;  one  of  which  was  Clay,  the  pnest,  and 
e,^ou  hear,  is  contradicted  by  Mr.  Howanl's 
testimony,  who  not  only  tells  you  he  was  not 
at  his  house  when  he  says  he  was,  but  shews 
that  Clay  was  mistaken  in  [loint  of  time :  it 
was  not  in  May,  but  in  July.  But  that  ik  not 
all,  we  have  another  evidence,  gentlemen,  to 
shew  how  this  mistake  comes  to  pass,  and 
will  give  a  great  li^ht  into  this  sort  of  practice 
that  has  been  used  in  this  matter ;  for  we  have 
two  witnesses  that  give  you  an  account  how 
Oates  and  sir  William  Waller  were  at  the 
Gate-House  with  Clay,  and  there  did  threaten 
biro,  that  unless  he  swore  he  dined  with  Oates 
at  l^Ir.  Howard's  in  May,  they  knew  he  was 
a  (iriest,  and  he  should  he  hang'd.  The  man 
was  somewhat  cautious  at  first,  for  truly  he 
knew  nothing  of  the  matter ;  but  at  last,  upon 
condition  he  might  have  his  money  again  that 
was  taken  from  him,  he  had  been  a  rogue  for- 
merly, and  he  did  not  know  what  he  might  do. 
Now,  we  find  presently  aflcr,  that  he  was  in 
liict  broup^lit  as  a  witness  ;  what  he  swore,  Mr. 
Howard  tells  yon,  and  you  have  heard  liim 
cnntradicted  in  thai  point  of  time.  For  Mr. 
Howard  Ra\s  it  was  in  July;  and  then  it 
was  npfrecfl  that  Oates  was  in  England  ;  for 
our  witnesses  tell  yuu  that  at  31idsummer  be 
ciime  away  from  St.  Oincrs. 

bo  tiiat,  gentlemen,  the  evidence  that  was 
formerly  pniduced  for  him,  is  not  only  taken 
away  iJy  [lositive  counter- proof,  but  there  is 
fixe<l  upon  him,  with  great  infuniy,  the  addi- 
tional crime  of  subornation,  by  forcing  people 
to  swear  for  liini,  under  the  threats  of  being 
hanged  ;  and  we  all  know  ho\^8Uch  people 
lay  under  great  fears  and  tcrroi-s  at  that  lime. 

There  was  unotiirr  witness  that  was  pro- 
duced formerly  for  him ;  but  I  shall  n^take 
npon  me  to  repeat  all  the  purtieiilar  cvidcnee 
that  has  bem  now  given  about  that  matter.  In 
short,  our  objection  to  the  testin»ony  lies  tints  : 
That  Oates  did  swear  in  his  Narrative,  that 
Hniith  was  a  dangerous  nian,  and  employed  by 
the  Jesuits  to  stir  up  thft  nc-ople  against  the  go- 
vernment; that  appears  ny  Oates's  own  oath. 
But  it  likewise  appeai-s,  that  a^ter\^a^ls  they  ' 
were  reconciled,  and  that  he  gaveSmiili  a  cer-  j 
tificate  under  bis  band,  that  be  wns  a  oimd  Pro- 
testant, and  a  good  subject,  and  about  eminent 
service  for  the  kiui;-.  Now  wc  see  no  reason  I 
hitherto,  why  31r."  Oates  should  change  his 
mind,  afWr  havinir  sworn  him  such  an  ill  man, 
all  of  a  sudden  lo  be  so  kind  to  give  him  his 
protection,  and  so  advantageous  a  chajracter  as 


1685^7H«I  ^  Ttftfi  Oties,  [180B 

that  was  in  that  season.  Bot,  gcDtkntt,  tie 
mystery  is  easily  unfbUed,  if  we  ^  three  or 
four  days  fiirther  in  time,  which  bnngi  m  te 
the  trials  of  Wfaitebread  and  Langboni;  it 
seems  Mr.  Oates  was  then  aware  of  that,  wUck 
is  now  an  objection  to  his  testimony  ;  for  it  was 
made  an  bbjectioii  at  the  first  trial  of  Iretaod, 
That  be  was  not  at  this  consult,  for  he  was 
then  actually  at  St.  Omers;  but  no  witaews 
were  there  to  prove  it ;  but  now  he  was  awve 
that  some  were  a  coming  over,  and  it  coa- 
cemed  him  to  make  some  food  pmef  if  be 
could,  that  really  and  in  tnw  he  was  bat  ia 
London  at  that  time. 
And  I  cannot  omit  to  take  notice  of  what  ww 


Lord  Chief  Justice  was  pleased  to  < 
object  to  him  now ;  It  is  a  wonder  a  nm 
should  be  here  in  town  so  long ;  a  man  thathai 
much  acquaintance,  as  it  seems  he  had;  a 
man  that  went  abcmt  freely  and  pnbiidy,  ai 
his  own  witnesses  say  be  did,  should  be  tern 
by  nobody,  but  these  few,  should  not  be  sUs 
to  give  an  account,  by  anj^  body,  where  ki 
lodged,  at  any  one  time  in  this  interval.  Nay, 
by  no  circumstances  that  nmst  ocM;ur  to  hbowa 
knoivledge,  to  be  able  to  shew  where  he  kidged, 
is  very  strange  ;  though  it  should  be  that  bs 
did  lodge  in  the  houses  of  those  tinit  wouU  wft 
come  to  give  evidence,  as  he  alledges ;  yetitii 
almost  impossible,  but  there  must  be  soiae 
other  circumstances  to  prove  his  being  berr, 
besides  the  evidence  of  the  landk>rd  of  ibe 
house  where  he  lodged  :  but  he  gives  no  ac- 
count where  he  was  lodgeit,  and  whom  he  cno- 
versed  withal,  but  these  people  only  ;  and  tint 
they  should  see  him,  who  were  not  hu  iutimatet, 
and*^  none  else  in  the  world,  is  to  me  one  of  the 
most  strange  things  that  can  be  €:onceive<l. 

Now,  Gentlemen,  when  he  has  given  ns 
manner  of  satisfaction  that  he  was  here,  and  is 
by  twenty  witnesses  sworn  not  to  be  here; 
what  is  it  that  he  says  to  all  this  ?  wh\  he  doth 
insist  upon  it,  that  Ins  credit  must  not  lie  now 
impeached,  because  that  once  he  had  the  for* 
tune  to  be  belie\'ed,  and  some  men  have  died 
and  suflcred  for  it ;  as  if  no  perjury  were  to  kc 
punished,  but  that  which  is  unsuccessful; 
whereas  the  reason  why  perjury  is  taken  notice 
of  in  the  temporal  courts,  is  only  because  of 
the  ujiscl.ief  that  it  may  <fo.  Shall  it  then  be 
no  crinie  wht^n  a  man  has  done  the  mischief, 
uben  the  fear  of  that  mi^icliief  was  the  ground 
of  inakin«>;  it  a  crime  ?  That  is  a  most  moa* 
slrous  way  of  arufuing.  And  yet  this  would 
Mr.  Oates  have  look  like  an  argiunent,  tbil 
because  he  has  been  Itelieved  in  his  false 
oaths,  and  men  haxe  suffei-ed  by  his  perjnrVf 
and  he  has  been  successful  in  liis  crime,  that 
succ<?ss  has  protected  his  wiekedness  from 
piniisbment.  This  1  eoni^'ss  is  a  new  wav  of 
arguing ;  and  such  as  none  but  Mr.  (ktrt 
coubl  certainly  have  invente<l. 

IJut,  Gentlemen,  to  contradict  this,  we  hi** 
shewn  you,  that  as  he  has  had  the  fbrtODCts 
be  beliocfl ;  so  he  has  likewise  had  the  frniaar 
to  be  disbelieved.  For  thew  have  been  p*"- 
duced  as  ninny  records  of  acquittals^  what  ht 


STATE  TRIALS,  l  Jambs  IT.  l685.— /or  Perjury. 


[ISIO 


JS*^  crviilence,  as  tliere  have  l>een  prodiicfHl 
^^^ions  ujioti  his  tesiiinoiiy ;  m  that  he  lus 
ly  J^  oftim  disbelieved  as  believed, 
^^^\Ker  then  does  he  betake  himself  next  ? 
^^  oulled  a  great  many  witnesses  lo  give 
k|^^»  evidence  for  hitn,  in  account  what  opi- 
Srjj^  ^t  that  time  the  Houses  of  Parliament, 
m^^Urts  of  justice,  and  the  juries  liad  of  his 
^H^ce;  and  then  insiststipou  it,  thai  nmv  to 
[JP  "\s  credit  in  question,  m  to  arraign  the  jus- 
^  of  tlie  nation,  the  wisflom  of  both  tfonses 
jfyyiiamcntthal  btJieved  him,  the  honesty  of 
juries  that  convicted  those  whom  he  ac- 
it\,  and  the  integrity  and  understanding  of 
Judges,  who  were  learned,  wise,  and  just 
;  and  with  great  earnestness  he  asks  the 
ion,  why  uovv  at  this  time  of  day  should 
be  called  in  question,  which  received  of 
ih  credit  and  approUation  so  longf  ao^,  by 
^ood  opinion  that  all  sorts  of  men  had  of  it 
lat  lime  ?  and  tiow  to  question  this,  be 
Id  have  thought  to  be  a  castiuf^  a  bhit  upon 
isdom  of  the  nation,  and  an  arraiflfuing  the 
«  of  it :  when,  if  the  thing:  he  (July  codsi-^ 
I,  the  not  punishing'  this  Eieinous  of}e nee 
the  utmost  severity  that  the  law  will 
of,  now  that  these  circumstances  appear 
Lke  it  phiiti  and  evident,  would  be  a  g^realer 
of  injustice  and  reproach,  mther  to  our 
natioD,  than  any  ways  a  reflection  4>n  the  juk- 
Ji^of  it* 

^■Beatlemen,  when  we  consider  the  circum- 
^Bkes  of  this  case  now,  I  do  verily  think  it 
will  appear  to  he  a  very  strange  and  wonderful 
thing-  to  us,  that  ever  any  man  khould  hiwe 
beUeved  him.  And  it  is  a  strang^e  consideration 
to  reflect  upon,  to  think  what  credit  he  had  at 
liiat  time.  But  withal,  consider,  ^nllcmen, 
eoald  any  one  imagine,  that  it  were  possible 
for  any  man  on  earth  to  liecomc  so  impuderjt, 
as  to  dare  to  expose  himself  Wf ore  the  hifj-h 
eDurt  of  parhament,  the  ^reat  courts  of  justice, 
ADd  there  tell  a  most  infamous  lie  for  the 
taking  away  the  lives  of  men  ?  ihe  jrreatness 
(»f  the  attempt  was  a  g^reat  indueemcJil  to  the 
belief  of  it,  because  no  man  could  be  presumeil 
to  dare  the  doing  of  such  a  things  if  he  hail  not 
m  foundation  of  truth  to  build  upon*  And  w  hen 
he  had  thus  made  his  discovery,  and  that  of 
Bach  a  nature  too,  a  most  horrid,  bloody,  ami 
traitorous  cimspimcy  to  murder  tlie  kiuij,  to 
©▼erturn  the  government,  to  massat^rc  all  the 
Protestants  in  the  kingdom,  and  tn  deface  the 
▼cry  name  <d'  the  lVi>tcslanl  rehgion  ;  what 
was  more  uatuml  than  that  the  parliaimnt 
should  take  all  ima^ni^^ble  aire  to  prevent  the 
accomplishment  of  s^i  great  a  mischief  i*  antl 
cotisider  too,  how  much  easier  it  was  for  him  to 
relate  bis  e violence  in  a  coutinucd  story ^  than 
ilAerwards  it  was  to  maintain  it,  when  it  came  to 
I  lie  examined  and  opposed  by  them  that  were 
;«ccnsed,  who  bi^sl  knew  wherein,  and  liy  what 
lH|£Rns  to  prove  him  tahie. 
Hbcntlemen,  the  cure  the  parliament  took  to 
^^pi»oint  any  designs  of  this  nature^  and  the 
means  they  use*!  lor  the  security  of  the  kinsj 
md  king^dom,  aad  the  pres«rvatiou^f  our  leli* 


gion  and  lives,  (which   1   cannot  but  obaerre, 
was  previous  to  the  trial  of  any  one  ofleoder  j 
that  was  tried  and  C4»nvicted  upon  this  evidence^ I 
must  needs  put  the  w  hole  nation  under  gr^alf 
apprehensions  of  dans:er,  and  make  the  way^ 
much  easier  for  him  to  be  behoved,  as  by  sad 
experience  we  found  it  did.     Under  these  cir- 
cumstances came  those  men  to  be  tried,  with 
this  furiherj  (as  we  cannot  now  but  thialt)  that 
there  were  ill  men  at  work,  that  laboured  to 
improve  tliose  fears  and  jealousies  that  hail  al- 
ready possessed  men's  minds;  the  wonder  then  ' 
will  be  the  less,  if  men,  under  such  disadvan- 
taij^es,  tried  by  men  nmler  those  tears  and  ap- 
prehensions, had  the  ill  fortune  to  be  coovicleid* 
But  when  men  bad  a  little  overcome  their  fearSp 
and  began  to  consider  his  evidence  morecatmlvy 
the  scene  was  changed,  Dates  lost  his  credit,, 
and  the  men  were  all  acquitted.     Nor  i a  this 
prosecution  any  reflection  on  the  Protestant  re* 
iigion,  whole  cause  he  falsely  assumes  to  him* 
self*     No,  gentlemen,  the  f*rotestant  religion 
had  no  share  in  that  invention.     It  needs  not 
the  support  of  a  lye,  no,  not  the  most  plausible 
lye,  much  less  of  one  so  infamous  as  this  doe»  J 
now  ii[)pear  to  be.     It  is  ratlier  a  vindicatioti  Off  J 
our  religion,  to  punish  nuch  otfeuders  as  they 
descne,  and  the  proper  way  to  maintain  the 
justiceof  the  nation,  and  wi[>e  off  that  reproach  ! 
this  man*a  perjury  has  brought  upon  it. 

L.  C  J.  Then,  geiitlrmen  of  the  jury,  t!it  ' 
evidence  has  been  very  hm^^  ami  it  cannot  be 
expected,  after  so  uiucli  tiuie  has  been  spent  in 
I  his  cause,  and  such  a  difterfnce  of  testimony, 
and  especially  considering  that  the  testimony  j 
has  met  witli  frequent  interruption*!,  and  I  may 
say  some  part  of  it  i  lei  iv  tied  in  great  confusion, 
it  cannot  be  thought  or  imagiiie<l»  1  say,  that  I 
should  he  able  to  remind  you  of  the  several 
paiticulai^  that  concern  this  case,  and  may  be 
necessary  to  he  observed  about  it.  But,  geu- 
tlemen,  I  am  sure,  by  the  knowledge  I  have  of 
most  of  you,  von  are  jwrsoos  of  great  under* 
standing;  so  ttiat  what  may  be  omitted  by  m^^ 
t  question  not  but  your  o\vn  abilities  will  sup- 
ply. 1  confess  I  am  much  shortened  in  my 
lahnnr,  by  the  pamsthat  Mr.  Solicitor  has  taken 
10  sum  up  thu  evidc^uce  to  yon,  and  without  all 
doubt,  has  iioue  it  with  all  faithfulness  to  his 
master,  and  witli  great  right  to  himself.  1  could 
not  hear  murli  of  what  he  did  say  j  but  you 
who  were  nearer  and  did  bear  all,  which  I 
could  not  do,  your  judgments  will  direct  you. 
to  lay  that  weight  upon  it  which  it  deserves, 
and  which  the  Taw  will  ullow  ;  fur,  gentlemen, 
I  am  bound  to  tell  you,  that  you  are  to  lay  nu 
weight  ujMm  any  allegations  on  the  one  side, 
or  on  the  other,  or  what  is  tilwerved  to  you  by 
the  court,  further  than  is  supporteil  by  the  tcs- 
tiutony  that  has  l>wn  oirei*ed. 

Now,  gentlemen,  1  tiling  it  fiot  amiss  for  me 
(before  such  tinte  an  I  enter  upon  the  conside-, 
ration  ot^  the  pfirticulara,  and  reminding  yoU 
what  [  take  to  lie  the  evidence  in  thi«  case,  and 
wliat  no!)  to  clear  one  point,  that  this  person, 
Oates,  the  defendant,  igahigt  wbocQ  this  indict* 


mi] 


STATE  TRIALS*  i  James  U.  l6S5.— THo/  ^f  TUm  Ottes,  [1S12 


ment  of  peijury  is  brought,  has  endeavoured  to 
insiDuate,  on  purpose  to  gain  himself  a  reputa- 
tion ;  which  if  he  could  acquire  this  way,  would 
add  a  greater  reproach  to  the  justice  of  the  na-^ 
tion,  than  it  has  contracted  already,  by  giving 
too  much  credit  to  such  profligfate  wretcheb,  as 
have  too  lately  appeared  among  us.  The  ob- 
jection he  makes  and  insbts  so  much  upon ; 
aays  he,  I  was  believed  very  much  before,  I  can 
produce  you  the  opinions  of  the  judges,  that 
declared  themselves  very  well  satisfied  with  my 
evidence,  and  the  verdtctsofjuries,twoor  three, 
that  convicted  men  upon  my  testimony ;  and 
not  only  that,  but  here  were  likewise  tliree  or 
lour  parliaments  that  did  not  only  believe  that 
testimony  (or  rather  Narrative,  for  I  cannot 
call  that  testimony,  which  was  given  before 
tlie  House  of  Commons)  that  t  gave,  but  did 
declare  their  satiiifaction  of  the  truth  of  wlmt  I 
said ;  which  satisfaction  and  belief  of  theirs  did 
produce  thanks  from  both  Houses  to  me  for 
giving  this  testimony. 

But  all  this  while,  what  Mr.  Solicitor  said 
upon  this  point,  is  a  plain  and  a  full  answer  to 
it:  if  in  case  upon  a  sudden  information,  the 
king,  the  parliament,  the  courts  of  law,  and 
juries,  were  surprized  into  this  belief,  as  not 
imagining  there  could  be  a  pack  of  such  vil- 
lains, that  could  be  wound  up  to  that  height, 
as  these  fellows  have  been ;  tnat  there  could  be 
such  an  horrid  impostor  as  this  fellow,  that 
should  make  such  attempts,  unless  there  had 
been  some  truth  in  it. 

Therefore  the  surprize  of  the  thing,  at  that 
time,  might  obtain  a  belief;  but  God  forbid, 
that  that  belief,  which  was  so  obtained,  should 
protect  the  party  believed  from  being  called  in 
question  for  the  fulshood  of  that  testimony, 
which  was  tlie  ground  of  that  belief.  It  was 
hardly  credible  that  any  person  coiiid  be  so 
wicked  as  to  declare  such  impudent  falsities  as 
these ;  but  God  forbid ,  that  wc  should  con- 
tinue longer  under  the  same  blindness  and  de- 
lusion, the  whole  matter  is  now  laid  open  and 
detected.  Therefore,  gentlemen,  if  you  are 
satisfied  in  your  consciences,  and  <lo  believe 
upon  the  testimony  and  evidence  that  has  been 
given  here  this  day,  that  those  ^  ery  things  that 
were  so  much  believed  before,  were  credited 
upon  the  surprize  of  a  sudden  discovery,  or 
the  boldness  of  the  undertaking,  yet  now  do 
plainly  appear  to  be  false;  then  be  it,  I  say, 
upon  your  consciences,  if  you  let  this  fals- 
hood  go  unpunished.  It  is  a  churge  upon 
us  who  are  upon  our  oaths  as  Jui^es,  and  who 
niusi  answer  to  the  great  Judge  of  all  the 
world  for  our  judgments  ;  and  it  is  likewise  a 
chaui^c  upon  you  that  are  sworn  to  try  this 
cause,  and  must  answer,  as  well  as  we,  for 
what  you  «lo  in  it,  not  to  have  regard  to  any 
thing,  that  was  done  before  upon  that  hurry 
and  surprize,  but  seriously  to  weijrh  and  con- 
Kidcr  what  is  sworn  now,  and  fn»m  thence  make 
a  conclusion,  whether  you  are  not  satisfied  that 
innocent  blootl  has  l>een  spilt  by  the  means  of 
titis  fvHow.  Nay,  in  this  case,  it  is  a  contract- 
Msig  iff  tauch  more  guilt  tUau  grdu^ryi  8a  '\x  \s 


murder  done  under  the  forms  of  law,  and  com- 
mon metl}ods  of  justice.  That  men  shoukl 
take  away  the  lives  of  then-  fellow-creaiurei, 
by  perjury  and  false  accusations,  is  of  siicb 
dreadful  consetiucnca,  that  if  the  justice  of  the 
nation  shall  be  afraid  to  have  such  matters  de- 
tected, there  would  be  an  end  of  all  the  security 
we  have  of  our  lives,  liberties,  and  wbatsoerec 
is  dear  to  us. 

Gentlemen,  the  justice  of  the  nation  Iki 
under  a  very  great  reproach  abroad,  ibr  thii 
particular  thing ;  and  we  must  be,  all  of  in, 
that  have  any  conoem  for  the  honour  and  good 
of  our  country,  uneasy,  till  this  matter  betho* 
roughly  searched  into,  and  impartially  de(e^ 
mined ;  and  I  take  it  to  be  a  case  of  tbt 
c^reatest  unportaocc  to  the  settlement  of  Um 
kingdom,  for  the  credit  of  our  laws,  for  the  ho- 
nour and  justice  of  our  kingdom,  that  ever 
came  in  judgment  in  any  of  our  courts  of  jia* 
tice.  And  therefore,  as  you  res[iect  youruwa 
consciences,  and  the  obligation  of  that  mlk 
you  are  now  under,  and  as  you  wouM  U 
thought  to  bear  any  regard  to  the  peace,  ho- 
nour, and  good  of  your  countrjr,  take  care  Is 
examine  strictly  and  impaitially  into  the  merilt 
of  this  cause,  and  weigh  the  evidence  which 
has  been  given  on  all  sides :  he  not  at  all  dis- 
mayed with  the  apprehension  of  clamour  sr 
calumny,  from  any  sort  of  people  wbatsoem, 
for  doiujr  your  duty ;  neither  be  leif  away  bj 
the  insm  nations  of  what  was  bdiered  for- 
merly ;  for  you  hear  the  reason  which  migk 
make  Oates  be  believed  then  ;  but  it  is  iocuia- 
bent  upon  you  to  enquire,  whetlier  you  bive 
not  sufficient  reason  to  be  satisfied  what  the 
truth  now  is. 

And,  gentlemen,  I  take  myself  to  be  the 
more  obliged  to  take  some  pains  in  the  press- 
ing a  serious  and  impartial  consideration  of 
these  things  upon  you,  because  I  canuot  but 
say,  my  blood  does  curdle,  and  my  spirits  ire 
raised,  that  ailer  the  discoveries  made,  I 
think,  to  the  satisfaction  of  all  that  have. at- 
tended this  day,  to  see  a  fellow  continue  so  ioi- 
pudent,  as  to  brazen  it  out,  as  he  has  done  this 
day  ;  and  that  there  should  ap|»ear  no  sbamB 
and  confusion  than  what  wiis  seen  in  the  face 
of  that  monstrous  villain  that  stood  but  now  si 
the  bar.  The  pretended  infirmity  of  his 
bo<ly  made  him  remove  out  of  court,  but  the 
infirinity  of  his  depraved  mind,  the  bbckaets 
of  his  s^pil,  the  baseness  of  his  actions  ought  ta 
be  looked  upon  with  sucii  horror  and  detesta- 
tion, as  to  think  him  unworthy  any  longer  to 
tread  upon  the  faire  of  Goil's  earth.  You  will 
pardon  uiy  warmth,  1  hope;  for  it  is  irapoifii- 
l)le  that  such  things  should  come  before  say 
honest  man,  and  not  have  some  extraordinary 
intlnenceupon  him. 

Gentlemen,  as  to  the  merits  of  the  causey 
you  have  the  positive  proof  of  many  witnesses, 
whose  testimony  I  shall  by  and  by,  as  well  li 
[  can,  repeat  to  you  ;  but,  pray  you,  first  |^ 
me  leave  to  observe  somewhat,  as  to  soosi 
()oints  that  have  been  started  at  the  bar,  a^ 
VSV\K\Vv^t  a.  ^aiglst  cao  be  »  witnaff  NoTi 
i  ^ 


ilfl^S^ 


STATE  TRIALS.  1  James  II.  i6S5.— /or  Perjury. 


[1214 


HII&M  persons  that  coine  here  to  our  jroTprument  tn  Ije  destroyeiJ»  our  king  to 
s  ntiDtfer  aj^JiinsI  I  lie  iftftemlant  w<^re  '  be  murtk^retli  our  llim-jis  to  be  cut  hy  tlie  Pa- 
slhey  .irtMun,  evoept  jnucBn  Jake  it  \m\s^  lo  that  bei^liL,  lUal  this  rerv'  tellovr, 
ruuthsan<l  coB^fcinjceH,  ihai  all  iliesc  Ontes,  %*aii  liO  murh  creitiled,  ihiit  all  oilier 
p-uilty  ol"  voluntary  find  wiNul  per-  p+'ople  ahnoKr  w  ere  bebw  liuii,  ami  ^rt^ater  re- 
iiiusl  Biiil  fhedett'Qilant  ^yilty.  ,  spet^l  shewn  to  liiui,  ihsm  to  lire  lirauclit^ofthe 

leir  rliflV-reiiee  ill  relitrioii  wliich  Oates  I  roval  fiiiiiilj.  Nay*  if  una  cotiiu  to  lUat  tie- 
hitTiy;  upnn,  I  iiiiist  ii*il  you,  every  '  ifree  ol  Tuilv,  lo  t(ivf  it  to  rui  wtir^ic  oan*i\  that 
lionian  Cuiliolif,  ol!  therti  hoiv  you  in  |ni1>hc  soeietie-.,  to  liie  refiroaih  and  iiituiny 
(It  theri^utrary  be  mack  ajipear  h\  ;i  of  ihfni  be  it  s|iokeii,  (Uis  |iiodij;ntf  nllairi  whs 
■|ition,  I  mean  soch  as  would  lake' off  caressed,  uaji  dnmk  lo,  ai*il  satuteil  by  thq 
ony  oforie  tlmt  witi*  mil  a  Papistj  is  name  of  the  Saviour  of  the  natiou.  O  proili- 
witness  in  a  eouii  of  joslice,  as  any  I  gious  iiiadue.»ii» !  that  such  a  tiil*i  as  th;it  was, 

should  evtT  be  given  to  such  a  prostitute  monster 
as  iliis  is! 


L  whatsoever:  we  are  not  come 
ntrovert  |ioinU  of  religion,  hut  to  try 
Iter  ot  fact  ;  so  tliat  all  that  stn*f*that 

beard  here  thisi  ilay  Irom  the  dtlen 
those  iuBinuiitioiLS  tljtithe  madealnint 
ion,  on  purpijse  to  ea^t  tint  and  iiltli 
he  testimony  that  they  linve  broiiijht 
m,  must  tiiflfniJy  nothing  m\\\  you  at 
I  ca»e  siieh  doctrine  bap  pen  to  pre- 

has  ihisi  d;iy   p  rear  bed,   then  it  is  in 

of  any  V 11  bill  to  suearaiiy  mischief 
?r  atrainsi  u  Roman  (.'aiholic,  and 
lau  Cathohc  has  no  wuy  to  viuilicale 
or  to  make  the  truth  appear,  \Y  e  have 
exceptions  to  witnesses  in  our  law  j 
I,  litl  It  is  made  to  appear  that  hi»  ere- 
ited,  may  and  outrhttohe  received  as 

to   give  tcstjumny  in   any   cm  use ; 

that  matter  is  of  no  import  at  all, 
full  era  en,  1  urn  the  ralher  minded  to 
unto  you,  because  he  has  insinuated 
\  out  of  the  trials  of  Grove  and  Pirk- 
I  Irtelnnd,  wbteb  was  in  Docember, 
,r  1677,  atwiiieii  trial  Wbitebreadand 
who  had  [ileailed  to  the  same  indict- 
e  hrou«;httm  to   trial  ;  but  liecause 

hut  one  witness  atjainst  them,  the 
liartfed  them  for  that  lime,  and  they 
a;;ain  to  trial  till  the  month  of  June 
hereafter,  when  they  were  convicted 
te<l»  Now  between  that  tloie  of  I  re- 
al, ami  the  time  when  Whitebrcad 
f^  came  on  to  trial  agiiin,  says  Gales, 
sutticient  time  to  have  broug-ht  all 
esses  froio  St.  Omers,  to  testify  this 
f  my  beiiic*  there,  having  notice  by 
r  Inal,  wnat  evidence  was  against 
t  all  thft  witnesses  they  did  brin^f; 
re  about  fifteen  or  sixteen,  were  not 

to  countervail  the  testimony  that 
^eof  his  being"  here  in  town  ;  and 
I  they  were  convictetl,  eomlemned, 
mrds  (I  am  sorry  lo  say  it)  executed, 

the  objection  he  makes  ;  but  at  the 
B  I  must  repeat  what  (  said  betbre, 
b  a  dbmal  story  as  thtK  was  told, 
had  the  confidence  to  relate  it  before, 
uses  of  Pa rh a  meat,  imd  there  obtained 
\  wonder  if,  in  that  hurry,  all  of  that 
I  were  looked  upon  witb  an  evil  eye  ; 
DnnctioQ  of  tiiose  thai  were  &t  that 
B€d  were  too  easy. 

%X  remember  the  apprehension??  some 
l^of  9Ur  rt^b^ion  beiii|f  to  be  subr^ted, 


of  un  piety 

Good  God,  whither  were  we  running,  when 
man}'  easy  pf'*H'^*^  were  so  straoi>tlv  wrought 
upon  by  tins  impostor,  and  when  tbe  villain- 
ous ami  black  design's  ol  s^nieevil  instrument* 
amongst  us^  could  prevail  so  far,  as  to  deeeiic 
almo^it  a  whole  nation  into  the  liehel'of  so  horrid 
a  lakehood  ;  even  at  the  tiame  time  that  a 
hidden  treason  too  deeply  eonlru  ed,  w  us  carried 
on  aiuougst  us,  but,  Goil  be  tbaiiktd,  was  not 
too  lately  tliscovcrcd  i*  The  eonsjijiratore  had  a 
fair  game  of  it  whilst  this  tellow  uas  l>elieved, 
and  thev  needed  no  oih**r  iiieaii^  to  accomplish 
their  deKi;;n  :  biii  when  he  was  tbuud  false,  and 
tbe  prett  uded  Plot  liad  lost  its  credit  in  the 
woilcl,  what  ii^  their  uexl  »*ep  ?  Why,  then 
they  enter  mto  that  bJack  *»ud  hlomly  conspi- 
ruc\ ,  from  which  it  iiatb  pleaded  God  lately  to 
deliver  us, 

I  spe»k  this  the  rather,  because  I  know 
there  are  in  my  eye  several  persons,  whose 
fears  of  Popery  made  them  givB  credit  to  such 
villains  as  the^e  l>etbre  :  hut  wbeo  it  pleased 
God  to  Open  their  eyes,  ami  the  false  naist  va- 
nished, tiiey  found  a  real  conspiracy  against 
the  persons  of  ihai  blessed  kmg,  lately  dead, 
and  of  our  gracious  sovereign,  now  living,  car- 
ried on  under  the  pretence  of  that  false,  but  &o 
much  credited  discovery;  ami  now,  God  be 
tliankeil,  all  our  eyes  are  oi>en.  And  I  hope, 
as  WK  are  Si  cured  from  what  we  so  vainly 
ilreaded,  so  we  shall  not  be  afraid  to  have  vil- 
lainy detected,  and  the  greatest  mark  of  infamy 
that  can  be  put  u|iou  it. 

Yes,  gentlciuen,  there  tvas  a  consult^  and  * 
there  was  a  cotis piracy  against  the  life  of  our 
king,  our  government,  and  our  rebgion  :  not  a 
consult  at  the  Wlute  liorse  iu  the  8t rand,  hut 
a  cahal  and  asiiociatiou  ot'  perlidious  rebels  and 
traitors,  who  had  a  mind  to  embroil  us  in  blood 
and  coufuiion ;  hut,  God  he  thanked,  it  had 
not  its  desired  effect.  The  same  sort  of  vil- 
lains were  parties  in  this  conspiracy,  that  had 
too  great  a  hand  in  the  late  gif^at  rebel  I  too, 
which  we  to  this  day  feel  the  itmarl  of,  and 
they  had  a  mind  to  make  use  of  tbe  bke  in- 
struments, as  they  difl  before,  to  bring  us  into 
the  like  misery,  as  we  were  betbre  involved  in. 

And  is  it  not  a  prodi^ous  thni«'  t.i  have 
sucli  actions  as  thee** '  •  urt 

of  justice,  with ' 
edo<»Sf  as  i 
God  Almigt) 


STATE  TRIALS,  1  J  am  ES  11.  l6U.^Trial  0/  Tdui  OtUa,      [lU 


I 
I 


I 


blaspliemoiisly  blesses  Goil«  llmt  lie  lia9  lived 
10  do  inch  woDderful  service  tu  the  Pn»t«?*itanl 
rclipon  ;  and  is  so  obstiDiite  \n  hh  viUainy,  as 
t«  de^lnre  he  would  venture  hi**  blood  iov  I  he 
<!onfirtnaUon  of  so  impiotis  a  tkbehoiHl :  and, 
iftdeffd,  to  Hjteak  t\w  irutb,  be  makf«  uo  ^cat 
veuture  tQ  tt;  for  when  he  bad  imirned  bit 
iiumortal  sou!,  by  m  perjured  a  lesiimooy^  he 
may  Tciy  easily  proni^r  th«  veuturiug'  of  bis 
vile  carcase  to  maintain  il  ? 

Gentlemea,  having  thus  sald^  (aud  I  could 
not  forJ»ear  saying"  of  it)  give  me  leave  to  put 
you  in  mitid  of  wkat  lies  before  you  now  to  be 
tried.  Pir&t,  this  inibctmciil  laJ<es  notice,  that 
there  wa«  an  indictnieat  taken  before  the  com- 
tniiBionerB  of  Oyer  aud  Terminer,  and  g-aol 
dehfery  at  Hicks's-ball,  of  high  treason  ajfainst 
Whitebreadt  Fenwlck,  I  j  eland,  Pickering",  and 
Grove,  and  that  indiclnumt  and  the  whole  re- 
cord is  proved  to  you  by  8wift.  For  I  must 
tell  yuu  as  I  go  along;  w'hat  proofs  there  are  of 
all  the  particulars,  and  y^u,  upon  consideration 
of  all  tliat  is  alleged,  are  to  bt  judsres  what  is 
GutTident  proof  to  convict  the  dd'eoilant  of  the 
crime  that  is  laid  to  him ;  tvbich  m  wilful  and 
corrupt  perjury.  The  indiclnient»  gen  lie  men, 
sets  forth  the  iiath  tbal  Oates  did  make  at  Ire- 
land's tri:ilf  and  iben  aver^  it  to  be  faUe :  tor 
the  oath  that  he  did  take^  that  etaods  thus : 
that  be  di<l  swear  he  was  present  at  a  consult, 
held  at  the  \\  bit«  Horae  tavern  in  the  Strand, 
the  S4tli  of  April  1678:  ilmt  be  did  swear,  that 
it  was  there  resolved  to  murder  the  lute  kionf : 
how  thtit  that  residuiion  was  carried  bv  htm 
from  chaTiiher  to  chamber,  that  is,  to  White- 
bread^s  nnd  Fennick's,  and  Irelaiid^sciiandiers, 
and  saw  them  sit^^n  tbi!»  rewiluiion  there :  and 
the  alignment  of  the  ptrjuiy  i^t  that  be  was 
not  present  at  any  consult,  'lis  not  that  Ibere 
WHS  not  any  such  eons u It,  though  it  appears  hy 
the  evidence  that  there  was  none  such,  but  that 
he  was  not  present  at  any  consult  at  all  held 
there  at  that  time. 

Now,  that  he  did  mako  sneh  an  oalb,  is 
proved  by  a  worthy  gentleman,  Mr,  Foster;  a 
gentleman  known  to  you  all  tbut  live  in  tlte 
city  of  London ;  aud  he  did  truly  make  that 
remark  in  the  beginning  of  bis  testimony,  that 
any  honest  man  m  his  plate  would  have  done^ 
that  he  was  one  of  thofte  uuforlunatc  men  tliat 
trie*l  ^1r.  Ireland  ;  tbr  ihnujifh  a  man  do  go  ac- 
COrdintr  in  his  conscience,  as  to  be  sure  there  is 
no  <|ntvtirin  to  he  made  of  it,  but  all  these  jury- 
men <  fid  in  finding  that  verdict;  jet  when  1 
come  io  find,  that  the  evidence  upon  which  I 
convicted  thos«  men,  is  delected  to  be  false, 
and  that  u]>on  mv  verdict  the  (lersons  were 
executed  j  though  no  guilt  of  iheir  bbjotl  is 
really  contracted  hy  me,^  yet  I  cannot  but  think 
myself  unfortunate,  that  1  was»  tl»ough  inno- 
cently, an  insirument  of  tlieir  death  ;  and  there 
is  never  an  one  of  you » but  would  Imve  thought 
yourselves  unibrtuoalc,  if  you  hod  convicted 
men  upon  such  a  tcbtiuiony ,  which  though  you 
belieyeJ  then,  vet  afterwards  you  should  have 
feajoh  to  conclude  was  false.  And  yet  Oates 
would  bafe  you  tbiuk,  that  because  they  be* 


iMtvfliifll 


lieved  liim  when  be  was  a  vilUit,  lad  m 
known  to  be  so,  you  must  b«hefe  bo,  Mt^ 
witht»taiidin2'  his  villainy  is  now  <iuti>fmii] 
for  that  U  all  the  argument  this  learftdd 
has  a  mind  to  impose  uiH>n  von  b^^ 

Gentlemen,  Mr.  8oticit4>r  has  bwtr terra 
ticular,  in  giving  an  account  of  the  wyej 
dence,  and  then  it  comes  to  tbtt,  wbieb  if 
natiiral  question  m  tlie  case ;   wbdliefi^ 
the  tc^Uuionies  that  have  been  gif«a  te } 
titere  does  remain  so  much  as  u  doubt,  wU 
*  enlict  you  ought  to  give  ?    For  1  oafta  I 
were  it  a  thing  in  the  least  doubtfid^  nstftlfff  k^M 
perjury  are  so  nice  and  tendur,  tblftii' Mttl0 
3  ou  ought  to  be  cantious  bow  jou  wo*  j 
penile  lor  |>erjury  in  doubtful  matten;  Uf  J 
It  be  a  thing  without  doubt,  and  ^J^ 
dent,   that  ibere  v^as  a  verdict 
adds  to  the  guilt,  because  the  justice  1^ 
tion  is  imposed  upon.     The  God  4  1 
deliver  every  honest  man^s  soul  andc 
from  such  guilt!  For  mv  part^  1  would b 
the  universe  have  the  (east  rrudl  of  1  ^ 
lilood  lie  upon  me* 

Then,  Gentlemen,  to  prove  what  (Htcti*^  1 
is  not  true,  you  have  no  leas  tban  tiveDl|f'|M  I 
witnesses,  tnat  swear  directly  he  wa»  aol  hmM 
in  London  the  24th  of  April  1678.     Bt 
be,  that  it  is  not  such  a  |Ki»iiive  tesC'  vmj  ■] 
the  taw  requires  to  prove  a  perjury  :  b 
swear  directly  that  he  was  in  another  ptaea 
that  time,  is  a  posiUve  eontradtction  to  ""^^ 
deuce,  and  this  has  been  Uestitied  by 
of  twenty- two  persons,  agaidst  the 
whose  testimony  there  ia  no  obj< 
really  made,  but  only  unpudence  i 
shadow  of  an  objection,  tt^ey   are  all 
and  I  am  a  Protestant :  and  truly  a 
credit  it  is,  1  must  needs  say,  for  the 
Heligion  to  have  such  a  learned  aod  pimif ' 
porter,  as  Mr.  Gates,  to  be  of  lbalpcrwiMMi» 
but  it  is  ceiiaiu  there  was  a  Judas  aiaoDgittli 
twelve  apostles,  and  there  are  rascals  otft^ 
pei^uadona.      And  trnly  I  take  tt  makisa0tf 
the  more  for  his  advantage,  noc  the  b<Miottr  •^ 
our  chui'ch,  that  he  is  ples^ed  to  call  bitm^ 
by  that  name,  %vhirh  he,  and  such  as  br«  bfit 
brought  into  some  scandal   aod  re|iroacfa.  If 
setting  themselves  up,  as  the  great fHlbnfifiti 
but  we  know  Dr,  Gates  has  iteen   f  eri  Bm 
to   himself,  he  has  given  hiuAself  bagtiSQi,Hi4 
givf  n  himself  the  doctor ^s  decree,  tad  noiv  It 
gives  himself  the  title  of  the   reliifimpg  1^ 
testanl,  Mr.  Gates.     We  hare  ProlsitaBiii*^ 
maliers,  and  Protestant  joiners,  aod  Pn^taOit 
Atheists,  and  all  sorts  of  tnte  Protestaatiaieali; 
but  it  becomes  us  and  you  to  assert  the  bflssv 
of  our  religion,  by  dtsowiuD^  any  Udihwdif 
with  such  villains,  or  their  actiona. 

Gentlemen,  the  method  that  waatalceil»  fNl 
you  an  exact  account  in  point  of    ^ 
this  whole  business.    First,  says  Mr.  Hi 
left  him,  in  time  the  2Sd  of  April  Net 
at8t.  Gmers,  and  I  am  ^ 
then,  which  is  the  13th  O; 
April  New  iitile  ;  which  is  Uic  I4tli  (114 
I  came  ^om  St.  Gtaerit  X  dij^  aoi ; 


1217] 


STATE  TRIAI-S,  1  James  II.  1 685.— /or  Perjury. 


[12IS 


that  mornincr,  bnt  T  myself  came  to  Calais,  it 
being  Sunduy,  ntid  1  st'aiit  there  till  Sunday  in 
the  ut\emoon,  and  all  ni«flit.  I  came  on  ftfrm- 
dmy  in  the  aDrrnoon  to  take  water  at  Calais, 
ind  from  thence  went  to  Dover.  And  fmm 
thence  the  next  day  1  went  towards  l^ondon  ; 
but  I  staid  four  ur  live  days  by  the  way  before 
icame  to  London  ;  but  tliifn  there  is  this  cir- 
cumstance that  you  must  take  along  with  you, 
gentlemen,  that  at  this  time,  one  Mr.  Burnaby 
wMcoroinff  from  I^ndon.  and  ^o\\\^  to  St., 
Omers,  and  met  with  Mr.  Hilslcy  in  his  way' 
towards  f /mdon  :  says  Milsley,  l'  came  nlirr- 
wards  to  town,  and  tliat  was  upon  the  Alomlay 
MowinsTi  which  hapiiens  to  be  the  9 1st  or  ?'2d 
of  A|ml,  onr stile:  butjhis  I  do  reir.f>inbi*r 
very  particularly,  whii-h  makes  his  testimony 
to  he  true,  and  not  dressed  up  for  this  occasion  ; 
toys  he,  I  told  our  Osbnrn  at  that  time,  that 
^mt  had  a  pretty  fellow  at  St.  Omers,  that  went 
■omettmesi  by  the  name  of  l^ucv,  and  sometimes 
by  the  name  of  Gates,  a  minister  of  the  church 
«f  England  ;  and  there  he  com(*s  and  i^fives  an 
aooount  of  his  ridiculous  childis!i  actinns,  and 
what  a  remarkable  tellow  he  was ;  and  this, 
nys  he,  I  told  to  Osburn. 

Now,  to  maketliis  ;.'oo«l,  you  have  one  Mr. 
Dorrel,  \%ho  tells  you  (here  happened  a  dis- 
vsorse,  where  he  was  present,  beti»»'eu  his  mo- 
ther and  Mr.  Osburn,  about  relis^inn ;  :ind 
aOMHigst  other  things  Osbtirn  did  say,  Mr.  Hil- 
ifey  had  t<dd  him  he  le<t  O.iles  at'St.  Omers 
when  he  came  away  from  thenre  ;  and  Rir. 
fMrnm,  he  comes  anri  says,  1  remember  I  did 
tHl  Mr.  Durrel  and  his  inother,  at  that  time 
that  Mr.  IliMcy  did  tell  nic  this  story  :  so  ihit 
here  are  these  twti  witnesses  whii-h  siip}M)rt 
Vr.  Ililsley  in  that  circumstitiin*  of  the  time 
•T  his  commg  away,  and  his  rrlaiiou  6f  Oates 
being  left  behind  him.  ami  that  this  was  related 
about  the  'i.  1st  or  22<l  of  April. 

Burnaby  is  the  next  per<ion  that  was  pro- 
4acefl,  and  he  swears  \\^  met  iliUley  by  Sit- 
Imghum  ;  and  he  happens  to  set  out  tor  St. 
Oniers  the  18th  of  April,  our  Stile,  and  to  conte 
tiuther  to  St.  Omers  the  ^Ist ;  and  he  swears 
.pMitirely  that  he  was  there  the '^  1st,  (2'^d,  '.>:id, 
•ad  was'thcre  the  'J5th  <hiy  of  April,  our  Siiie  ; 
and  he  dm's  pn^iiiv(*ly  atiinn,  thnt  all  thosu 
Aya  he  saw  Oati-s  there  at  Sr,  Omei-s  ;  ih.it 
"Wea  intruded  into  his  company  at  his  iiisi 
cming  ;  and  that  he  and  »lt  thi*' e-thers  seho- 
ins  wondered  at  tlieeonlhlenee  of  1  lie  man  ; 
lad  he  panieuiarly  renicnibfrs  thnt  he  w;is  \viih 
Mn  at  a  public  enit-rciiniuttit  ih:it  w:is  tiietf- 
the  SAth  :  »nd  if  so.  tlien  it  is  impossible  th:<t 
What  Oates  has  suom  of  his  h«  jn*^  at  the  eon- 
toHtbe  24th  of  April,  onr  Mile,  r-m  he  irii(>. 
Ami  except  you  cnn  iinni^im  \fr.  O.-ites  t'>  tl;- 
ftom^Ht.  Omei's  i):e  '.Mlh  day  in  the  ut'.^niin:; 
tad  be  at  the  consult  and  \\\wk  •.\\r\\\\\  at  n'-;l!t. 
"Whieh  is  miM-e  than  he  woidd  haw>  In  hewl, 
Wcause  he  swears  the  contnry,  \  on  must  con- 
Qhidethat  what  be  Nuore  \^:is  fuUe. 

The  next  witness  is  Mr.  l'i)o!,  anil  he  eomes 
ftwl  says,   he  was  there  at  St.  Omers,  and  he 
»orer  from  thence  Uic  cj^th of  Apnl,  and 

VOL.  X. 


tliat  was  the  day  after  Oates  sweara  the  consult 
of  the  plot  to  Iks  here  ;    and  all  the  rest  of  the 
witnesses  do  directly  swear.  That  nt  the  time 
that  Pool  went  fronr  thence  Oatts  was  there  : 
80  that  the  testimony  of  Pool  is  fully  and  po- 
sitively conlirmed  ;  and  Pool  gives  you  a  rea-^ 
son  why  he  came  over,  which  wastlic  death  of 
a  brother  of  his,  and  upon  a  pros|KH*t  of  an  es- 
tate he  came  into  £ngland,  which  likewise  is 
I  a  reasonable  circumstance  why  he  shcnild  re- 
'  mendter  the  time,  because  he  had  such  indiice- 
I  ment  to  come  over  hither. 

The  next,  (lenilemen,  is  one  Thornton,  and 
he  comes  to  the  month  of  May,  to  the  Isi  ami 
'>nd  of  aiay,  their  Stile,  which  was  the  21st  and 
2,'nd  of  April,  our  Stile  ;  and  particularly  ha 
is  sure  Oates  was  there  upon  th*;  '22nd  of  April, 
our  Stile,  that  is,  the  2nd  of  3Iay,  their  Stile. 
For,  says  he,  there  was  an  action  or  play  of 
the  seholai-s  ;  and  I  can  tell  you  how  1  remem- 
ber Oates  was  there  ;  Oates  had  a  mind  to  hava 
a  place  to  sec  the  play,  which  he  had  no  pre- 
tence or  title  to,  and*  ho  had  a  scufHe  with 
somebody  al)Oul  it ;  and  therefore  I  remember, 
by  tliat  lolien,  that  he  was  there  at  that  time. 
'  No'.v,  f  ;cntlemen,  it  is  not  easy  to  be  ima- 
gined, that  six  or  seven  men  should  agree  in 
their  lejtimony  in  all  thesj*  circumstances, 
which  in  thcinseUes  are  hut  minute  ;  yet 
u  hi«:i  ofVi-red  ns  reasons  to  induce  men's  re- 
nieiiiliranee,  »rmst  he  allowed  as  good  reasons  ; 
and  yet  ibis  is  to  he  thimght  but  a  made  story. 
If  siV  Kieli.inl  Barker's  co:ieh-man  and  Mrs. 
Mavohad  Ind  any  such  cintnustauces  to  sup- 
jKHt  llr'ir  tt"«tim'«ny,  they  would  ha\e  hud 
mueli  more  cm  lit. 

Then  there  is  one  Conway;  and  it  is  very 

obs:  rva'de  wh:*t    he  sjH-aks   ot';  for   \\v.   was 

thwre  all  the  whde  that  they   Siiy  0:ites  was 

there,  and  he  s<[iv;  s  you  an'  account  that  ha 

saw  him  with  KurnabV  the  first  time  he  came    ^ 

over,  and  anfrecs  witb'l^irnabv  in  this,  that  ha 

wondered   much  nt    his   contidenee,    and  diil 

think  that  he  was  very   well  known  to  him 

betbrc  :  he  swears  Ofitt'^s  came  in  thither  about 

the  bt'ginnini;  id"  December  1677,  and  he  was 

not  a!)sc!nt,  says  he  and  several  more,  any  one 

ni:fht,  exeept  in  .l;inuary  once  at  Watton,   till 

\u)  w  int  away  ui  .luiie  167  J*.     Nay,  they  arc  so 

precise  in  their  memory  for  vyry  ;,^ood  reasons, 

heeauM*  thev  are  so  rf\fu!ar  in  their  pm-ii  ties, 

and  ket'p   a'  sirxt  ivpler,  i-uLh   has  1m«»  fixed 

place  in  the  re«W»tory,  wlieit:  all  theSieii.  or 

\  tlie  mvinh'/rs  of  the  <*ollc;r«'  do  mt«*t ;  nn*!  ht- 

1  canso  this  f«  How  was  an  <ill  1l-11ow,  oMer  than 

J  till'  lesT,  v\v\  lik«'«ise  mrs  a  dunc^-,  thers'*or« 

I  he  was  set  'A  tiie  dim'V-tnb'e  in  #;very  bo'ly'f 

!  *icvv,  h'-.trxiis"  he  w.is  a  hloeUMeid,  and  too  old 

!  to  ke«  p  coiiMi  my  wiih  the  bo\  s:  yo  that  thonj^h 

I  perh^js  one  of 'those  yo«n»v;' fellows  in  a  nuxt 

I  '"orit"»v  mnv  esewpc  tlie   \itw,   and  be   absent 

I  x^ithout.    h'Mni^   in'is*ied,    y.t  remarkable  3i(, 

;  0.«te.s  isivit  si»eas  ■',  fo**^o:ten,  tint  us|ed  to  Mt 

•  by  himself     And  as  thai  noble  lord,  my   lord 

I  (*errari1  of  Brunt^t  y,  s.iys,  he  has  a  particular 

■  face,  ami  a  partiroiar  lone  ;  and  tliera  was 

morereawiu  V»  t«imLTW  Wm.^^^wv^'s  ^Q9^aKt> 

41 


1519] 


STATE  TRIALS,  I  JAMtftll.  l68^.— 7W«lo^Ttfif*  Ott^ 


i»oth  upon  tbe  accouiil  of  hif)  person  nod  of  liis 
ictioas  :  so  that  I  must  needs  nay  indeed,  it  is 
not  a  dovwrigbt  and  poftitive  r^earirtg^,  l»at 
tlic'ir  tefitimouy  is  m^etk  with  dt'ltbeiuiion  und 
recollection  of  fuch  partictilnr  cii'ouiTistaocea* 
m  loay  reasonably  itiduce  any  unprejudiced 
person  to  give  ercdu  to  it, 

Tbe  next  witness,  Gentleman,  i«  Ha^g^er- 
one,  wbo«e  evidence  is  Honderl^i)  parttonlar^ 
lid  very  material  as  to  ibe  circnmiitances  that 
ccompany  it*  For  you  are  to  obseire,  tbat  in 
I  these  colleges  some  are  of  the  iodalilr,  and 
omeare  not ;  aad  some  are  of  such  and  such 
ilasses  or  forms,  and  otbeni  of  other.  Now 
llihis  gentleman  and  Mr.  Dates  were  of  the 
[«imc  form,  and  he  docjs  particularly  remember 
"^  i  be  was  setting-  up  for  a  preacher,  as  he  has 
llent  koBck  tiiat  way ;  and  be  teJfo  you, 
riidiculoua  he  made  the  late  king  in  a  ser- 
Jfeaon ;  tbat  ha  hatted  between  two  opinionSi 
tmni\  there  ran  a  f^tream  of  Fopcry  between  his 
ijpgti  ;  Mild  such  like  precious  stuif  be  vented. 
Aui\  to  tix  it  t4)  be  abr»ut  tbe  same  time  tbat  is 
I  sow  in  que^ftion,  lie  says,  be  particularly  re- 
'  Hjernbers  it  was  i*  ben  he  was  reader,  when 
)  Blr,  <>atcs  was,  it  se«mSf  tbe  buffoon  to  the  ' 
i  iociety,  or  as  I  may  call  bim^  tbe  jack- pudding  | 
t^  tbe  college,  tbat  ujeeil  to  maki^  them  sport, 
I  and  vva^  guilty  oF  so  m^ny  ridicukiits  tbings^ 
Ibnt  they  could  not  but  put  partictilar  remarks 
^lipon  him. 

Ne\t,  1  take  notice,  tHat  tbiii  per^ott-  says^ 
I  ibere  were  two  persons,  VVilbains  and  Marsh, 
I  tliat  were  quail  tied  to  give  sutirages  in  the  con- 
I  gregatioo,  that  is,  tbey  wei-e  p&st  eiglitecn 
years  slandiug,  and  did  go  over  :  for  tbat  there 
was  a  consult,  is  not  denied,  nor  tliat  it  was  in 
liOndou,  nor  tbat  it  was  upon  the  24th  of 
^pril  ;  buitbf'y  buy,  it  was  a  triennial  meet* 
jng,  whiclk  tbey  u^d  to  hav^e  once  in  three 
ycarijfor  the  choice  of  some  officeis  M  manage 
tlie  affairs  of  tbe  society ;  as  for  tbe  choice 
L«»f  a  profinciai,  and  other  peiiions  tbattliey 
verc  to  send  upon  their  errauds,  in  order  to 
the  support  of  their  soetety  ;  so  that  under 
tbe  colour  and  countenance  of  what  was  m 
itself  ordinary  and  usual,  and  that  happened  to 
l»e  at  that  time,  OateSg  who  had  beard  some* 
Hfhat  of  it,  and  that  it  was  the  24tb  of  April, 
and  that  such  and  such  were  to  be  there,  be  upi>n 
that  hearsay,  as  should  seem,  at  St.  Onoers, 
does  feigu  and  coutnve  this  pretended  coo- 
i|nracy. 

The  next  is  one  Bce$lon  ;  and  it  is  f  er?  ma- 
teiial  too  that  be  swears:  for  besides  what  he 
iestities,  that  from  the  time  of  hit  cotniog, 
which  was  in  Decemlier  16n,  he  was  not  ab- 
sent liU  tbe  2&rd  of  June,  %vbcn  he  weutaway  ; 
and  for  tbe  time  in  quefitinn,  he  very  well  re- 
nieudjers  his  being  there,  by  tliis  circuuislance ; 
aays  he,  I  was  cTiosen  to  be  rvader  ol"  the  so- 
diility  iji,  the  uinntb  of  March,  but  then  Outes 
comes  andgtts  the  office  out  of  my  hiimls;  but 
atill  iiith  tne  there  wuii  that  benr*fit  re^rveil, 
Ihut  if  he  should  at  any  time  fail  of  reaihng 
there  upon  Ji  J^unduy  or  a  holy-day^  I  was  f ben 
lu  havtf  read,aiuito.  hav#  iuppticd  Um  place. 


Says  ha,  I  iraa  there  from 
tlmeOalea  went  away  0i  iaaet 
read  there  that  ^ery  .^liday  hdin 
m  June  tbat  he  went  away.     Ali4  li 
heunl  him  read  every  lime ;  aodiae 
not  reail  every  time,  1  nmai  hate 
absence ;  but  1  did  ool  read  at  rfl  ( 
time. 

Now,  GentWmetir  •ben  a  naa 
or  to  supply  the  abseneeof  aiiatli' 
that  is  pecaiiar  aslo  the  cbai]geiacuc 
the  officer,  and  cooskterable  as  te  *fe^J^ 
it,  that  m\»st  needs  make  an  »™P''^s??^^'*^ 
tbe  mind,  and  give  a  man  a  more  exw^^^    ^ 
brance<^f  *'  -  *^-"*_-  -  --i   therefuf^^  r 
mend  it  * 

Tbe  lii  ,,  -  ...lii;  aoia,    j^_ 

saw  Gates  til  ^  Umc;  aia^i^j^j 

part  of  it,  wh  lusclf  was  ir*  the  1^ 

mary,  Gates  went  lo  visit  hini  <^»*f^f,y^ 
three  days  ;  nay»  and  about  such  t  ij^^i 
May, says  he,  which  was  about  tbe^j^  t 
of  May,'  Gates  being  then  in  the  inffnta 
wdl,  trie  Doctor  and  he  hs'! 
togviberi  and  Gates  spoke 
Doctor,  for  he  ^d,  *  Si  p}*iC«T  fA 
*'  vestra,'  in  tbe  beguimiig  of  bis  v^ 
this  he  did  particularly  say  was  tbr  up 
that  this  exceUeut  scholar  used  to  tk  f^^  * 
eian  at  bis  6rst  applic^tioD  to  him,  ^  j!*  1 
whole  college  took  notice  of  thai  ptiKS^*  I 
learning. 

Tbe  next  is  one  Price,,  and  he  tsQs] 
w^as  there  all  the  lime  that  tbe  oibeti^ 
he  remembers  him  very  well,  aud  | 
saysi  I  am  sure  Gates  was  there  i 
B'fay  N*  8.  which  will  be  the  ftrattif  ] 
because,  says  he,  1  know  be  was  sotui 
tbat  day,  upon  i  quarrel  thai  he  L_ 
This  particularly  he  speaks  ta»  beitta  1 
iQembrance  of  Uie  other  circumatatte 
currence  with  tbe  former  wtitieaies. 

Mr.  Doddington  swears  the  same,  aa^l 
Gerrard  also  swears  the  same,  wttii  tftai  < 
particular  circumstance  that  Mr. 
peatedto  you,  which  was  of  OalcaVI 
upon  the  day  of  contirmatJOD,  tiie  S£ 
N.  8.  the  l(Uh  olMny  O.  H.  ainl  b^] 
it,  becaase  he  was  conBrmed  i 
and  thereibre  it  is  impossible  be  ; 
it :  and  my  lord  Gerrard,  who  was 
this  reason  upon  bis  remeiubraiM^  of  i 
fore -mentioned    parttculars,    tliat  he 
look  special  notice  of  tbe  tnan  far  liis  ( 
tone,  bis  physiognomy,  and   reu 
haviour. 

Tlien  there  is  Mr«  Bf  orgiin,  wKa  is  no  1 
hut  a  mini^tcrof^e  Church  of  l^n^tuidj 
51  r.  Gates  was  sngry  with  ull  tUe  re^,  li 
they  were  Cathohcs  ;  but  what  has  he 
to  5lr.  MnrgBn,  who  is  a  l^rotcitaat  f  ] 
the  trull  I  iS|  there  are  none  of  ihem  j 
lieved,  because  tl>ey  swear     _ 
really  be  oufjl-J   in  \h^  ja*>rfi+itt*»,J  to  j 
reuson,  or  ii  uird 

tor  it  in  cjls  iiiini| 

tei»tiiiioDy  that  baa  bees  gitaoj  it  as  i 


PATE  TRIALS.  1  James  IK  iC^y^fw  t^ftjuty. 


[l^t 


But  whut  8*y«  Mr,  Morsfan  ? 

1 4900149  up  to  tbe  24lh  of  April  (mrticu* 

1  be  tells  V tilt  how  he  rerncmliem  it ; 

►  fiftt  <KT!'        '        1*1  to  look  iiitokvr,^, 

»t|allsui|  St.  Omers  tt  wkM 

I  sworn,  aud   Mr,   Mor^fitii  recollect. 

I  hiinidl',  ilid  remenilier  tliat  very  ilay 

jfiiig  af  * :  ''      iliin  ihe  coitee,  ami 

[  19  tABv  vfiT  the  w»h  iut*>  the 

tdsot  b^iim  nuiv  to  recover  it  in  iiny 

ay,  be^picfl  O^Hes  walkriijj  and  looking^ 

J  ii.^rH'o^r  he   (leBired  him    lo 

lUe  hflp  o<  that,  fee 

-  ill  ;  tkud  tlus  wofl  the 

xvorn  he  wtks  here. 

irilruiM   '    ^     the  same  :  ihe  two  Tur* 

■  say  Ike  ««nie ;  and  cue  of  them  is  post- 

RmTeiecu  btm  ihcr<»»  i*ith<>r  the  24th  or 

|r  23rd  and  24lh  of  .^pril  0J$.  which  is 

"  iumI  4th,  m  4th   and  5lh  of  May  N,  S. 

!        iif  these  tlsys,   it  caimcit 

In>  here  at  tlie  consult. 

next  >s  x^ir.  *_  laveringf^  and  I  cannot  but 

Iv  t*ke  notice  of  what  he  has  sworn  ; 

Mr.  Qiftttss  waa  there  all  the  lime  that 

apedc  of;  but  it  seenas  particularly 

time  of  the  coogre^tioD  in  London : 

es  iti  a  «tranger  that  was  poor,   and 

lemarii  Mr.  Clavering',  mad«  a  collec- 

Itttn:  and  it  waa  talked  of  in  the  college 

why  He  had  not  siiccesa  in   his 

saoaethe  fkthere  were  gone  to  the 

.     Nay,  and  yet  farther,  says  he« 

Rib^r  particularly  that  Mr.  Williams 

Marsh  did  ^  orer  to  the  congre* 

■tea  did  not ;  for  I  do  remeniber 

lis  and  Marsh  came  back  again,  I 

iscourse  with  Mr.  Gates  about  the 

^tion  '  he  came  to  loe,  and  desired  to 

^it  account  I  was  able  to  give  of 

it  meeting  aOer  the  eonstilt 
r.  J^o*%  had  Mr.  Oatea  beeD  there, 
%  a  fierson  of  (hst  great  trust  that  lie 
iftl  himself  tntm,  he  needed  not  sure 
Mr.  Clarcring  at  Hi,  Omers^  what 
of  the  consult  was  at  London, 
m  himself  had  heeOf  but  the  other  had 

t  ia,  besides  Mr,  Copley »  another  wit- 
Cooke,  that  speaks  particularly  of 
tut  A\>\i\,  that  he  was  sure  Gates  was 
I,  because  of  the  procession,  and  be- 
indki^  by  himself  in  it  ;  and  Wright,  | 
vjlneaa,  gives  a  general  account,  but 
AH  particular  time. 
,  Gentlemen,  atier  all  this  evidence, 
vf>Ti  rn"  ♦  :-!ve  me  leave  to  hint  Tiri- 
^i»rohable  oath    was  that 
^  L,.  made, if  il  be  considere^t 
Can  any  man   believe  that 
khoulrl  meet  tom^her  in  a  tavern 
s  should  Ciiine 
iiti  I    ;  vtid  subvert  the 

,  and  ailer  tiie  rtrhibf  ton ;  and  that  this 
►  being  drawn  up  m  the  tnvem  (lor 
I  it  wan),  they  should  sever  them 


, they  1 
r clubs  audi 


uidtiIcA 


cni-e  tiiat  none  should  sign  wlienihef^*  were  all 

toi^.  liir  and  among  tli%niseUes,  but  Mu^ei  hava 
it  carried  up  and  doun  from  one  amu's  chum- 
her  u*  anoiher^  and  Hud  no  body  to  tru*jt  wifh 
tJ»ii4  affair,  that,  if  di*w?ii*criHi,  uitj\t  subject 
thdtt  to  pin?fieJ|l  de^iuclion^  nud  ruin  tlif^r 
wliuie  party%  but  only  ftlr.  Gates,  who  was 
fione  ot  tbeir  own  order,  nor  does  ap|venr  to  be 
of  such  credit  amongst  them?  C»i»  you  be- 
lieve any  men  should  be  so  void  of  seuse  and 
re^ison.that  of  titty  together^  and  those  reputed 
as  stiMle  as  any  sort  of  men  whatsoever,  there 
should  not  be  one  man  of  common  understand* 
ing,  that  should  take  care  for  a  more  rational 
management  of  £0  great  and  hazardous  an  un- 
dertaicing  ;  when  they  were  met  together,  zmd 
might  have  dispatdied  it  in  a  quarter  of  an 
hour,  they  should  separate  themselves  into 
several  parts  of  the  town,  and  trust  a  resolution 
of  that  nature  in  Mr.  Gates's  |KK.'ket,  in  whom 
if  they  had  had  niore  confidence  than  they 
seem  to  hare,  yet  it  was  folly  and  madness  to 
give  him  that  opjiortunity  of  destroying  all  of 
them,  and  making  biiuselt?  Were  iherp  no 
other  evidence  but  the  very  testimony  of  thu 
thing,  it  would  go  a  very  great  way  vntli  iu€^ 
I  confess ;  but  I  must  say  withal,  y  ou  ara 
judgts  of  this  fact,  upon  a  superadded  testi- 
luony  of  U2  witnesses,  t^frci  voce ;  I  thiidh.  ii 
leaves  the  thing  without  any  doubt. 

Gentlemen,  ihe  ans%ver  given  by  the  ile- 
fendaiil  to  this  charge  is  very  fallacious  ;  and 
though  he  puts  such  a  countenance  u|N>n  il, 
as  though  his  witnesses  were  such  persona  of 
cuedit,  that  nothing  coidd  he  objected  against 
them,  yet  he  is  certainly  very  much  mis* 
taken  in  that :  he  has  produced  but  two  po< 
sitive  witnesses,  and  those  two,  as  positive  as 
they  are  in  tbeir  proof,  are  likewise  posiiive  in 
their  amtradictions  of  one  another,  and  whai 
they  have  said  is  left  to  your  consideration, 

'the  one  is  a  coachman,  the  other  w  as  sir 
Richard  Barker's  house- keeper;  they  indeed 
ilo  say,  sir  liicbnrd  Barker's  wttfe'*  sister,  and 
his  nephew,  and  his  daughter,  and  his  niccu^, 
and  a  worshipful  kuigtil,  and  i  know  not  who, 
that  the  old  woman  telk  me  nre  gone  into  my 
countr>%  were  all  there  at  the  same  time,  and 
nobody  comes  lo  lesltty  it,  but  only  this  coach- 
man and  this  old  woman  :  these,  gentlemen, 
are  things  fit  to  be  thought  of. 

But  now  let  us  con^iider  how  they  agree 
their  evidence.  8:iys  the  woman,  I  saw  hitn' 
not  till  the  begiunuig  of  May  ;  but  I  am  fun-e 
he  was  there  before  once  or  iwice.  And  how 
does  she  know  that  ?  Because  the  coachman 
told  her  so ;  and  he  came  there  severul  times, 
but  he  did  dine  there  but  once  ;  aitd  when  he 
cam«t  there  the  tirst  time  ahe  saw  lum  ;  he 
came  in  such  a  disguise,  and  he  had  a  short 
|)erriwig,  and  a  kinu  of  shttrt  white  co»t,  and 
a  white  hat*  But  when  the  coachman  e^^mes 
to  swear,  he  tells  you,  the  Arst  time  he  ^m,w 
him,  the  woman  saw  him  too ;  that  be  hud 
own  hair,  and  cut  cloae  U>  his  ears,  lliat  nis 
hiiu  look,  as  tlie  young  fellow  told  her,  like  I 
Qjiakor.    And  wb«a  i  asked  tha  akachs 


mid  1  am  sure  it  was  whcii  tliu  c>\it  of  arm^  j 
tiun^  over  tlie  flor>r,  biTaust'  he  KskM  i*.ir  ahour  i 
»ny  luily's  (Iciitli.  and  th*.n:lnic  it  n.itsX  Im  in  i 
May  ;  w  Iicmi,  i'ur  anjjht  ilot-s  nii,»ear  lo  tlir  con-  . 
t^.i^'^ ,  il  luiulit  be  in  :iny  (ithir  lu'niih  alu  r  ilu* ! 
cscuii  m'nii  \v:isup;  an;!  in  tiic  ollu-r  firciiti.- [ 
wlainc's  thc-re  is  I'O  nrtainU  at  all :  st»  li.ai  ii  ' 
IS  ]iLin,  llirs**  wiiri'  -^scs  h\\\Mr  afcj..'«ii!:^  as 
ihtir  hiimiiiif  limU  lln'iii,  am!  not  acL-':nIajir  to 
any  rciiirnilnunr:.-  tl:i-y  !ri.i\c  M'thi;  ihimr. 

Aiifl   I  ratlier  belicVc  ir»   because  ibe  tl»iril 
wiint-ss,  that  is  IV^e  tlie  apothecary, that  used 
to  nulic  ii|>  sir  liicliard   harkcr's'mctlicines, 
ffivis  an  cvidfnci!  rositrary  to  both  those;  he 
r.mn.it  nineinbrr  the  \oar  positiTely  or  par- 
ticiiluily  ;  hut  I'll  tell  you  iiow  he  thwarts  and 
rontr:iiii(  In  tUkt  other  pL'Ojde*s  tcsiinviiiy  ;  for 
]i«;  rfisiciiibt'i.N  he  raiiK.  in  sncii  a  dist^iiiso,  but 
l»ebc-lk!us  iiob'jdv  "poke  to  hiin   hut  himself, 
l)i'cau^'   he  found   him  walkinir   in  the  place 
that  wua  for  the  coniinon  rrception  of  the  pa- 
lifiifs ;  and  In*  a?»ked  for  Dr.  'ron^-uo,  and  he 
not  Ih-'iiii;  within,  he  wt-iit  away  very  discon- 
tented: and  N(i  now  these  three  v«itne*^scs  seem  | 
t'leoi.tradiaonc  anoiher^  ai/ii  the  last  uiiiuss  I 
V/alkCT,  who  is  the  parson,  ho  say.i  nothli'^*  • 
10  the  mutter;  for  it  does  plainly  appear,  lliej 
limewliieh  lie  speaks  of,  which   was  about  a  ! 
year  and  a  luilf  before  he  was  called  to  testify  " 
at  thsj  fi\e  Jr>..jlts  Trial,  must  be  in  the  AeaV  ! 
}'•(/,  a^il  not  i.t  the  >ear   I(>78,  whirh  is  the  ! 
r|u.siion   hiM\\  wliieii   must  bo  before  he  went  | 
Jirst  to  Si.  Oojn-:.  I 

<Mnil"oun,  theo;!jrr  part  of  ^^^.  Oatcs\  ' 
i.'rhnc"  Uiis  been  upon  tliis  tisj.le  ;  says  he,  i  : 
iiav<'  hiTM  lKli,:\fd  h-.-retid'ore,  the  parliament.s  ! 
hau-  ci^ul  me  en-dit  ;  :i.id  tn  pi  me  it,  lie  has  [ 

IMJlld  K.'llT.ll    i:>l))l.<!.,    /  :  -Mill    ri.   .-    ...e  ..4'/.ii-.Im.-       > 


Uhf.rr^  Treby,  ^Ir:  Williaiu 
Dolben.  Uut  they  all  tell  ; 
to  s:ive  no  particular  answer 
and  thi^  was  the  sum  of  his  c 

To  this  .Mr.  Atlonie\-Cie 
n  ply  iif  e\iilen<'e,  that  trul 
moment.  Kir>t,  here  is  pi* 
Wakeinan,  wluini  Oates  ao 
son.  and  he  suHered  his  trial 
n'j  til  at  as  well  as  the  jury 
him  in  the  fnrnit-r  venhets 
tiiriiey,  1  must  siK-ak  likewi 
thai  \t'rdirt  that  did  diMtc 
thouifh  he  did  swear  as  nini 
to  the  matter  as  he  had  don 
he  had  nut  the  hurry  anil  < 
eovrry  to  siip|>ort  him,  lii 
te<*t(d,  and  the  innocent  u< 
sidts  the  record  of  the  ;i« 
person  himself,  who  is  now 
danfrer,  havin£2f  stood  his  li 
quitted  ;  and  he  takes  it  up 
tiie  |iivs<'Uceof  the  uieutCit 
of  hearts,  that  whatsi»e%(.T  i\ 
him  at  his  trial,  was  e%ery  ti 
this  acquittal  of  his,  being-  a 
ture  consideration,  is  an  ev 
"uise  quality,  Uiantb^vei 
con\  iclions. 

Next  to  him,  is  my  lord 
son  of  W'cy  fri*eat  honour ; 
account  he  was  arraignetl 
this  bar,  and  upon  his  trial  1 
as  a  witness  agfainst  him, 
he  uut  with  my  lord  Cautlei 
Inn- Fields,  and  cjeat  fainil 
tween  them,  an  that  my    h 

liMti  in  <i    !»*«.«  fifT.iir  ihart    t\n 


STATE  TRIALS,  1  Jam£8  II.  i6S5.^/or  Perjury.  [1226 


j^reyoa  ao  account,  as  in  the  presence 
ity  God,  that  Gates  has  twice  ibr- 
Qself  against  them. 

men,  tiiere-is  notice  to  be  taken  of  the 
f  the  Uoutse  of  Lords;  and  thou^rh  it 
r  the  sake  of  the  precedent,  and  to 
e  justice  of  the  nation,  we  did  ket>|) 
L'tly  to  their  proof,  that  it  was  npuii 
lid  as  to  tlie  business  of  Smith,  though 
lieve  the  thin*^  in  our  private  jud^- 
et  wc  thougiit  it  not  fit  to  be  per- 
lat  persons  should  upon  their  own 
fess  themselves  to  be  guilty  of  per- 
i  atterwartls  give  eviilence  against 
ur  such  are  not  to  have  the  counte* 
;ver  being  witnesses  again :  yet  by  the 
r  parliament,  and  other  evidence  there 
I  to  make  the  matter  aimed  at  clear, 
is  clear  by  his  Narrative,  that  Gates 
wear,  as  tar  as  he  could  well  swear 
him  into  displeasure  of  the  people: 
ras  his  way  to  intiiuidute  all  Le  iiad 
1,  and  thereby  force  them  to  comply 

designs.  Ajid  tliere  was  no  more 
accusation  attliat  time,  than  to  accuse 
*  saying  somewhat  against  the  par- 
»r  being  in  a  combination  tosulnert 
«tant  Religion.  But  you  see,  when 
to  have  his  own  turn  served,  then  this 
1  whom  he  had  fixed  such  an  oilious 
,  is  really  no  papist  at  all,  but  engaged 

for  his  king  and  country,  and  has 
i's  pass|»ort,  a  thing  of  |preat  advan- 
im  at  that  season.  This  the  king's 
ladc  use  of  witli  great  reason,  as  an 
of  tampering:  for  the  man  basal- 
opinion  of  one  he  has  before  accused 
brings  him  as  an  honest  man  to  give 
for  him.  And  this,  say  they,  must  be 
to  be  done  by  practice  and  by  threats. 
e  rather,  gentlemen,  for  that  you  have 
3t  by  witnesses  sworn,  that  there  was 
a  popish  priest,  that  lay  in  prison  at 
House,  and  while  he  was  there.  Gates 
'  illiam  Waller  came  into  the  prison  to 
tampering  with  him,  says  Gates,  i  bear 

8«>nie  St.  Gmers  boys,  that  intend  to 
It  I  was  at  St.  Gmers  when  1  say  i 
indon  ;  but  you  must  swear,  that  vou 
h  meat  Mr.  Ilowanrsin  May  1678; 
will  not,  you  know  i  know  you  to  be 
ind  I'll  hang  you.  Says  Clay,  where 
ver  and  gold  that  was  taken  a  way 
r  And  we  all  know  sir  William  Waller 
lerful  good  at  the  fingering  of  gold  ; 
to  takie  away  broad   pieces  as  popish 

because  of  the  crosses  upon  them, 
f,  give  roe  my  gold  a;^ain,  I  will  swear 

I  bavo  been  a  nigue  bafoi-e,  and  1 
\  rogue  again.  And  accordingly  a 
it  made  for  him  to  swuar  directly, 
•ttnd  be  were  Uigether  at  Mr.  H(*w- 
M  10  May  1678.  This  very  fellow 
fOB  now  the  siory,  ttdd  it'the  next 
Jfc'-MiothiBi  man,  who  has  likewise^ 
■^-  llieD  is  Clay  conveyed  by 
MMsifeji  and  there  swears, 


being  thus  threatened  and  suborned,  that  in 
May  1678,  he  and  Mr.  Gates  dined  toeether  at 
31r.  Howard's  house,  and  you  have  Mr.  How- 
ard produced,  who  does  swear  that  Clay  did 
swear  %o ;  but  indeed  he  was  not  there  with  Mr« 
Gates  at  dinner  tillJuly  alter. 

This,  gentlemen,  is  (iirectcjrruption  and  sub- 
ornution  ;  aud  if  a  man  will  be  a  corrupt  knavcy 
and  enilea^our  to  suborn  wituesses  to  swear 
thai  which  is  false,  he  is  the  more  likely  to 
swear  fulse  himself.  Ik'sides  that,  you  are  to 
take  notice,  here  is  his  of\n  Narrative  pro- 
duced, where  you  have  it  sworn  by  himself^ 
that  he  went  back  to  St.  Gmers  about  the  be* 
ginning  of  May,  and  %ias  there  all  the  month 
of  May,  and.  iu  June,  till  the  latter  end  of  it. 
Theu  all  tliis  \%hile,  either  Mr.  Gates,  or  his 
witnesses,  arc  iierjured  in  the  case  :  He  says, 
he  staid  but  three  or  ibur  da^s  in  Jbngland 
after  the  consult  was  o\er,  and  then  went' 
straight  back  again  to  St.  Guicrs.  Which 
unist  be  tlie  first  week  in  Ma};  ;  but  if  you 
believe  his  two  witnesses,  lie  dined  with  them 
sevei'ul  tinies  after  that :  And  so  it  is  apbareot 
some  of  them  are  guilty  of  gi-oss  and  foul 
Ijcrjury. 

Now,  gentlemen,  I  cannot  but  resort  back  to 
tlic  objection  that  1  made  at  first.  It  is  strange  to 
me,  that  a  man  that  came  upon  such  a  design, 
should  go  publicly  about  the  streets  at  noon- 
day, though  in  a  disguise,  >et  he  was  known. 
But  if  you  take  the  persous  time  to  be  in  the 
year  1677,  then  it  is  easily  reconciled  what  they 
did  say  of  their  seeing  him  in  such  a  disguise  ; 
and  so  all  their  testimony  may  stand  together, 
and  |>erhaps  they  may  mistake  in  a  point  of 
time,  thuugh  nut  in  the  sulistance  of  their  evi- 
dence :  and  1  would  out  of  charity  conclude  it 
to  be  s<». 

Rut  1  will  say,  if  they  arc  to  betaken  strictly 
to  the  year  1678,  it  is  monsirous  to  imagine,  that 
we  shoultl  have  nobody  bniught  to  let  us  knovr 
where  he  ItKlgod,  Hheie  he  eat,  with  whom  be 
conversed,  fur  all  that  time. 

Gentlemen,  1  have  detained  you  the  longer 
in  this  matter,  because  I  take  it  to  be  of  so 
great  weight,  wherein  the  justice  and  honour 
of  the  nation  are  so  much  euga^red,  and  it  was 
therefonr  fit  this  Cause  slioutd  lie  tried  in  the 
most  solemn  and  public  manner,  in  order  to 
vindicate  the  nation  f:  nm  the  reproach  and  ca« 
lumny  of  injustice  and  oppre»sion.  And  sure  I 
am,  if  yuu  think  these  witnesses  swear  true,  as 
i  cannot  SL-e  any  colour  of  objection,  there  does 
not  remain  the* least  doubt,  but  that  Gates  is 
the  bliick«*st  and  intwt  ptrjuaxl  villain  that  ever 
appeared  u|)on  the  face  ot  the  earth. 

C7.  of'Cr,  Tipstaff,  you  must  take  care  of  the 
jury. 

L.  C.  J.  Gentlemen,  if  any  of  yon  have  a 
mind  to  drink  at  the  bar,  before  you  go,  yon 
shall  have  suiue  got  for  you. 

Juri/.  No,  my  lord,  we  do  not  care*  foe 
drinking. 

L,C.J.  Theik¥r%iiilVt^^^^«Q^ 


1S27] 


STATE  TRIALS,  1  James  H.  iS^S.-^TrialofTltuMOMUs^ 


[I9R 


Then  the  Jury  withdrew  to  coasider  of  their 
Verdict,  and  after  about  a  quarter  of  an  hour^s 
•tay,  they  returned  and  deliYered  their  Ver- 
dict, <  That  the  Defendant  was  Guilty  of  the 
^  F^nry  whereof  he  was  indictctl.'  Which 
being  recorded,  the  Lord  Chief  Justice  s[K>ke 
to  the  Jury  to  .this  effect  : 

X.  C.  J.  <Sent1emcn,  that  we  are  not,  God 
be  thanked,  in  tliose  times  of  disorder  and  con- 
fusion that  we  have  been  heretofore  in,  to  have 
humming^  or  hissings  to  declare  the  auditors 
Approbation  or  dislike  of  Juries'  Verdicts  :  But 
because  there  has  been  this  day  mention  made 
,  of  the  opinions  of  judges  about  rerdicts,  I  shiril 
take  the  liberty  to  declare  my  mind  to  you 
BOW,  That  for  my  part,  1  am  satisfied  in  uiy 
conscience  you  have  given  a  good  and  a  just 
▼erdict;  and  so  I  believe  is  every  other  judge 
upon  the  bench. 

To  which  the  rest  of  the  Jndges  assented ; 
and  then  the  Court  arose.* 


1083.    There  have  been  endeavours  Irjr 


some  persons  to  accuse  Mr.  Oates  of  sedony; 
and  ui  order  thereto,  two  persons  (one  of  wfai& 
was  ibrmerly  his  roan,  bat  tamed  away  for  hiv 
rogue's  tricks)  applied  themselves  to  an  alder- 
man of  the  dty^  who  ordered  them  to  g»  to  Mr. 
Recorder,  who  accordingly  took  their  ennni- 
tion,  which  was  so  very  improbable  (nay  etc» 
incredible)  that  it  discovered  the  talseaea  mk 
maliciousness  of  the  prosecution. 

"  June  1684.  It  has  been  ver^  ktdj  do- 
coursed  about  town,  that  there  are  infw  iiiili— 
taking  by  Mr.  Justice  43«use,  and  Mr.  JosIibi 
L'Etitrange  of  High  Treason  against  Mr.  Oiti^ 
and  that  he  would  be  indidedihereoD  the  BOt 


"  Jan.  es,  1684^.  Mr.  TUaa  Oatea  pkiM 
not  guilty  to  an  information  for  Pojonr  shosta 
consult  of  Jesuits  he  swore  to  be  at  the  Wlili 
Horse  Tavern  in  theSttmnd ;  and  theiewaswy 
hot  words  passed  between  Ihe  Lord  Ghitf 
Justice  and  him."  Narcisms  LuttidPi 
M8.  Brief  Historical  Reiatioo»  &a  in  Al- 
souls'  Library,  Oxfosd. 


523.  The  Second  Trial  of  Titus  Gates,  D.  D.  at  the  King^s-Bcncl^ 
for  Perjury  :  1  James  II.  a.  p.  1685. 

Jl%9,  1685. 

This  day  being  appo'mted  for  the  Trial  of  the 
other  causes  between  our  sorereign  lord  the 
king,  and  Titus  Oates,  for  Peijury ;  the  same 
be^sD  altout  nine  in  the  morning,  and  proceeded 
afiet-  this  manner : 

Fust,  proclamation  was  made  for  silence: 
Then  the  Defendant  was  called ;  who,  appear- 
ing in  pei'son,  was  advised  to  look  to  his  chal- 
lenges: but  he  challenged  none  ;  only  he  de- 
air^,  that  they  might  be  all  asked,  Whether 
they  were  of  the  grand  jury  that  found  the 
bill?  *  which  was  done.  And  all  denying  it, 
the  twelve  sworn  were  these:  Sir  Thomas 
Vernon,  kt.  f  Nicholas  CMiarlton,  esq.  Thomas 
Langham,  esq.  Thomns  IlaHop,  Francis  Grif- 
fith, John  Kent,  George  Toriano,  Henry 
Loades,  John  Midgley,  Jobfe  Felling,  Thomas 
Short,  and  George  Peck. 

CI.  of  Cr.  Gentlemen,  you  that  are  sworn, 
hearken  to  the  Record. 

Memorandum^  *  That  by  a  certain  inquisition 

<  for  our  sovereign  lord  the  king,  at  the  Guild- 

<  hall  of  the  ciiy  of  London,  and  within  the 

*  same  city,  on  Tuesday  the  28th  of  October,  in 

*  the  d6th  year  of  the  reign  of  our  late  sove- 

<  reign  lord  Charles  2,  by  the  grace  of  Crod,  of 

*  England,  Scotland,  France,  and  Ireland, 
'king,  defender  of  the  faith,  &c.  before  sir 
■  Henry  Tulse,  knight,  mayor  of  the  city  of 

*  See  a  Note  to  the  next  preceding  Case, 
p.  1081. 

t  See  the  Case  of  sir  Samuel  Bamardiston, 
i.D.  168^  vol.  9|  p.  1389,  oCtbiftColtacidMk. 


'  London;  sir  William  Tamer,  I 
'  James  Edwards,  knight,  aldenna  of  ^aii 
'dty;  air  Thomas  Jenner,  knight,  <im  if  !■ 
'  majesty's  serieants  at  law,  andieeoite  if tti 
'  same  city  ;  sir  Robert  Jefferies,  knight;  ai 
'  sir  John  Peake,  knight,  other  aldenncn  of  lbs 
^  said  city  ;  and  others  their  companions,  jn- 
'  tices  of  our  said  lord  the  king ;  by  hb  ott- 
'  jesty 's  letters-patents  under  the  great  seal  4 
'  England,  to  enquire  of  several  onenoesiatbt 
'  said  letters-patents  contained,  and  to  bcarinl 
'  determine  the  same,  according  to  the  lawsiad 
'  customs  of  this  kingdom,  by  the  oatbs  of 
'  twelve  jurors,  honest  and  kumil  men  of  tbf 
'  cit^  of  London  aforesaid,  who  then  and  that 
'  bemg  sworn,  and  charged  to  enquire  for  sor 
'  said  sovereign  lord  the  king,  and  the  body  of 
'  the  said  City,  upon  their  oaths  present : 

*  That  at  a  certain  session  oSf  onr  said  bid 
^  the  king,  holtlen  for  the  oonnty  of  Middkses 
'  at  Hicks's-Hall  in  St.  Jobn-Street  in  die 
'  county  aforesaid,  on  Monday  (to  wit)  the  16lb 
^  day  of  December,  in  the  vear  of  ihereigaflf 
*  our  said  late  sovereign  lord,  Charles  9,  by  die 
'  grace  of  God,  of  England,  Scotlaiid,  Fraan 
^  and  Ireland,  king,  ddender  of  the  fidth,  kit, 
'  the  dOth,  before  sir  Riginakl  Foster,  bannct; 
'  sir  Philip  Matthews,  hart,  air  WilUam  Bovriea, 
'  knight ;  sir  Charies  PitfieU,  knight ;  Tbo* 
'  mas  Robinson,  Humphrey  Wyrley,  TbonM 
'  Harriot,  and  William  Hempcon,  esfoircs, 
^  justices  of  our  said  lord  thekmg ;  to  cnooiie 
'  by  the  oaths  of  honest  and  lawful  men,  of  ihi 
^  county  of  Middlesex  aforesaid,  and  by  otkr 
'  ways,  manners,  and  means,  wbaaby  th^ 
!  might,  or  oonld  better  know,  as  sm  wito 
Ubote  la  mthiiat  i  by  wbooilbi  Inrtbif *• 


STATE  TRIALS,  Uambi^IK  l685.— /<r  F<f/wr^. 


[wsau 


tni^Ul  lie  bt'tler  kiKiwn  am)  enquired 
Dcnitwg  iU)  trv(k(ion«  and  misiintiions  af 
I,  iiuruiTectionji^   rebeUioiH^    connier- 
r  cl«)Kniigf,  washings^  fulie-inc^ng'y 
itr  l*ki*yii»fr  ot*  the  tnooeys  of  thU 
II  of  I    i   '      1  :  aod  of  aijy  other  king- 
Mi  <i  ^rhatsoever ;  and  of  all 
I,   Jtil^iiitL^,    iiionsldughterii,    killings, 
loi,  an4  other  articlci*  und  offences  in 
|>.r«:,|k^t«rnt9  e)f  our  said  lord  the  kmg, 
&'               ibur  or  more  of  them,  there- 
b     i          s|je€i6eJ ;    as  also  the  acces- 
m  tbtf  fftUic^  within  the  county  afore- 
p  well  within   hfcerties  as  without,  hy 
puerer^  howsoever  had,  made,  done,  or 
jilted,  and   to  hear  and  d^ermine  the 
preasoiis*  and  othf^r  the  premisses  ac- 
K  lo  the  law  and  custom  of  this  king- 
Ci'  r     *iM<l,  assigned   hy  the  oath  of 
k                 Im  Vaugbon,  Richard  Foster* 
Ls  rii|?et^   i(obert  Newingtou,  Henry 
abSi  mbert  Uayes,  John  Greenwood, 

P^'^^'T""'!   ^'r^iau- -»  Richard  Rich- 

A  J,  Joha  King-,  Nathaniel 

\  .;4itr,  Edward  I*\ister»  and 

t  ooest  and  lawful  laeu  of  the 

If  1,  Jiworn,  and  charge*!  to  en- 

pr  our  Slid  lord  the  king,  and  the  body 
fcnuiiiy  ufure$aid,  upon  their  oaifis ;  it 
l^r  That  Thomas  White,  other- 

),  lale  of  the  parish  of  8t. 
iht^  I'lehk,  m  the  county  of  AJiddle- 
VVilliaui  Ireland,  late  of  the  parish 
,,  in  the  county  aforesaid,  clerk ;  John 
k^  Uite  of  the  same  parish  and  county  ^ 
"  '  ^'.  late  of  the  paiish 
:  >resaid,  clerk;  and 
iiiM-  tu  UM-  jjiurish  aforesaid,  in 
aforesaid,  gentleman ;  as  fkli»e 
the  [no8t  iliusurious  and  most 
llent  prince,  our  said  late 
'Ch»rl«*s  5,  by  the  grace  of  God, 
lid,  France  and  Ireland, 
I  '  faith,  Sec.  their  fiuprerne 
^  ;  not  having  the  tear  of  the 
iL'orts,  nor  weighing  the  duty 
aik  i^iiiuce ;  hut  being  moved  and  ne* 
hy  the  instigation  of  the  Devil,  the  cor- 
e,  and  tnrc,  due,  and  natural  ohedi- 
hicb  true  and  faithful  suhjeets  of  our 
*  awards  him  our  said  lord 
al  1  of  right  ought  to  l»ear, 

r  '      it    ring,  and,  wjlh 
it  race  and  com - 

bj.p.iu.iiiiy  iji  ii,*3  wnij^iKjjLi  of  England 
kirh ;    and  tlie  true  worship   of  iiod, 

rjiid 

■■'    '■'■■•.■:    '    ;:.l';    i   ■!  ^'     '     •     '  !    ._....JIJ  to 

Ktirup,  and  procure;  and  the  cordial 
and    tnie   and  due  obvMlicnce,  which 
rl  subjectii  of  our  aaid  lord  the 
k)im  the  said  lord  the  king 
ill  id  of  light  otijjht  U*  War,  utterly  to 
w,  ^ut  out,  and  extinguish  I  and  our 
msgn  lord  the  king  to  death  and  final 
W  briof  ttftd  put,  the  94th  of 


*  Apiil,  in  the  30th  yenr  of  the  rcigo  of 

*  aaid  late  soirereign  lord  Charles  2,  at  th 
^  parish  of  8t.  Giles  in  the  Fields  aibrcsaid,  i 
^  the  county  of  Middlesex  aforesaid  ;  falselj 

*  maliciously,  suhtilly,  advisedlj",  and  traito 
*■  ously,  ditt   purpose,  com  pass »  imagine,  ao 

*  intend  seilitiou  and  rebellion  within  lliis  king 

*  dora  of  England  to  move,  stir  up,  and  pr 

*  cure,  and  a  miserable  slaughter  amongst  lb 

*  subjects  of  our  said  sovereign  lord  ttie  kin|p3 
*■  to  procure  and  cause ;  and  our  said  lord  tb# 

*  king,  from  the  r^ gal  state,  title,  [jowcr,  and 
'  government  of    his  kingdom  of   England , 

*  wholly  to  deprire,  depose,  cast  down,  and 
*■  disinherit :  and  him  our  said  lord  the  king,  to 

*  death  and  final  destruction  to  bring  and  put  $ 

*  and  the  governmeDt  of  the  said  kitigdom,  and 

*  the  sincere  religion  of  God,  in  the  sacoa 
*•  kinerdoni,  rightly  and  by  the  laws  of  the  same 
*•  kingdom  established,  nt  their  will  and  plea* 

*  sure  to  change  and  alter ;  and  the  state  of  th  it 
*'  whole  kingdom  of  J'Inglaud,  through  all  ita 

*  parts  well  instituted,  and  ordaiued,  wholly  to 

*  subvert  suid  destroy,  and  war  against  our  said 
*■  lord  the  king,  witlun  this  kingdom  of  England 

*  to  levy. 

•  And  to  complete  and  perfect  the  same  their 
^  most  wicketl  treason  a,  and  traitorous  imaginaiM 

*  lions  and  purposes  aforesaid  ;  thev,  the  afore- . 
*Baid  Thomas  White  otherwise  Whitebread, 

*  William    Ireland,   John    Fen  wick,  Thomaa 

*  Pickering,  and  John  Grove,  and  other  falB« 

*  traitors,  to  the  jurors  unknown,  the  aforesaid 
^  S4tli  day  of  April,  in  the  30th  year  aforesaid* 
'  with  force  and  arms,  &c.  at  this  parish  of  St. 
*■  Giles  in  the  FieldH  aforesaid^  in  the  county  of 

*  Middlesex,    aforesaid,  falsely,    maliciously, 

*  sublilly,  advisedly,  deirilishly  and  traitovouslj 

*  did  assemble  themselves,  unite,  and  congre* 
^  gate  *,  and  then  and  there  falsly,  maliciously, 

*  Kubiilly,  advisedly,  devilishly  and  traitorously 

*  itid  consult  and  agree,  our  said  sovereign  low 

*  the  king  to   death  and  final  destruction  to 

*  bring  atui  put,  and  the  religion  withiu  this 

*  kingdom  of  Enghmd^  rightly  and  by  the  laws. 

*  of  the  same  kingdom  established,  to  the  su- 

*  perstition  of  the  Romish  church  to  change 

*  and  alter.     And  the  sooner  to  complete  and 

*  perfect  the  same  their  most  wicked  treasons 

*  and  traitorous  imaginations  and  purpoaes 
^  atoreknid,  the  said  Thonias  White  otherwise 

*  U  hitehread,  William  Ireland,  John  Fen  wick, 

*  Thomas  Pickering,  and  John  Grove,  and 
*'  other  false  trailori  of  our  said  late  lord   the 

*  kintj",  lo  the  jurors  unknown  j    afterw  artls  (tu 

*  wit)  the  same  241  b  day   of  April,  in  the  auth 

*  year  aftiresaid,  at  the  Aforesaid   parish  of  St. 

*  Gihis  in  the  Fieldn,  in  the  count v  of  Middle* 

*  sejc  afbreauid.  falhciy,  subtilly,  aifvisediy,  ma* 

*  liciou»>)y,ilefirmhh.  and  ii-aitorously  between 
^  themaelves  did  concinde  and  agree  that  they 

*  the  snid  Thomas  Pickering  and  John  Grove, 

*  him  our  sanl  lute  lord  the  km^  should  kill  and 

*  murder  ;  and  thst  ihcv,  the  said  TbomM 
MVhite  othciwike  ^Vhitebread,  Wilham   Ir«* 

*  land,  John  Fenwiek,  and  other*^, faUe  traitors, 

*  ta  the  jutort  unktikQtFU^  %  smv^i^  u>^i»^Mec  ^ 


I 


12311  STATE  TRIALS,  I  James  II. 

let  between  lht?m  llien  ami  tl)ere  a^rei*'li 
for  llie  lealih  ol*  the  sotil  of  hiiu,  tbe  said 

*  Thomas  Pickering,  th*:rt?fbre  should  saVf  ce- 

*  leWalts  and  perform  j    uml  iherctbre  sliould 

*  |>sy  unto  the  amd  John  Grove  a  ct,Ttatn 
^  fiuin  ol'  money  t»etweeu  theiu  thco  and  ther^ 
""ftgreed. 

*  And  the  J uroi's  aforesaid,  upon  their  osthi 

j^ftforrfaitl,  (lid  further  present.  That  the   said 

Thonin«   Fickeriti^  tind  John   Gror^'i   upon 

the  «;rri*t'nieni  utoresaid»  then  and  UitrefrtlMi- 

Hv,   sulitiily^   nd^lsedly,    mnUeiously,    devi- 

'^**  hshly  anil  traitorously   did  tnke  upon  iherti  ^ 

*  telvofi,  «n(1  li»  the  «anie Thomas  White  other- 
whc  U'hitehTvml,  >V'illiam  Ireland,  John 
Fenwick,  unci  other  fiils;e  traitors  aguin^t  our 

'  snid  lord  the  kini^^to  the  jurors  afort-said  un- 

known  I    then    and    there   fulsely^    fiolitillv, 

'  advis^lly,   inalici'tUKly,  devihshly   atui  trtii« 

'  torousiy  did  pronuse,  Ihat  tliey  llie  said  Tho- 

*  naas  Pickenti;^  and  John  Grove  him  our  .'=aid 
late  Ion!  the  kinjr  wnnid   kill  and   mtnder  t 

*  And  that  they,  the  ^aid  ThomiiK  White  ortior- 
'  iriic  Whtttbfeud,  VViHiain  irdand.  John  Fen- 
wick,  Thoraaji  Piekarin^,  Jidvn  (irove,  nnd 

^  other  false  ti-aitors  at^Eiinst  our  said  lord  Uie 

^  kin^  unknown,  afiernavdK  (to  wit)  the  same 

'  24lh  day  of  April,  in  the  30th  year  atbivsanl^ 

^  at  the  afore^jaid   parish   of  St.  Giles  in  the 

Fields  it\  tbe  county  of  Middlesex  aforesaid, 

falselv,  suhtilly,  adviseilly^   mahciouNly,  de- 

'  vdUhly  and  traitorously  did  t^^e  their  talth 

'  each  to  other,  and  upon  tbe  saerninent  then 

andtheire  tmilorouily  did  fiwmrand  pronuv*? 

lo  conceiil,  and    m't  to  divnlije    their  siiid 

most   wicked   treasons  und    traitorous  com- 

*  pa^siniirs,  consultations,  and  purposes  so  he- 

*  fween  them  had»  him  our  said  hitt?  lord  the 
king-  tiaitoroiisly  to  kill  ainl  rnutiler,  arjrl  the 
Romish  rdigiou"  within  this  kingdom  »f  Koff- 
land  10  be  used^  to  introduce,  and  the  true  re- 
formed relig^ioD  Hithinthiskin^^ilom  of  En|f- 

>  land,  rig'htly  and  by  the  taws  of  the  siid  king^- 
I  doin  estabhshedf  to  alter  and  chaojfe.     And 
t  that  the  said  Thomas   Pickerinij  and  John 
'  Grove,  in  execjtion  of  the  traitorous  agree- 
in  put  aforesaid,  afterwards  (to  wji)  the  same 
Mrh  day  of  Apiil,  in  the  30th  year  aforesaid, 
and  divers  days  and  times  aftel\  at  the  afore- 
?!» id  parish  ofSt.  Giles  in  the  Fields,  in  the 
'  county  aforesaid,   muskets,   pislo^fi,  '^wortls, 
'  dnifg^rs,  and  other  otfcn'?ive  and  cruel  wc;i- 
^  pons,  him  the  said  bie  hm\  the  kth^  to  kill 
k  and  murder,  falstdy,  suhtilly.  advi*edlv,  lua^ 
» licioiisly,  devilish Jy  and  Imltorously  did  pi^- 
l^are  and  obluin,    liiid,   and  ki-pt'for  then*- 
'  selves;  ami  that  they  the  staid  Thomas  Pick- 
^  erin^  and  John  Grovtr,  afterwards  (to  wit)  the 
^  aame  *24th  d^y  of  April,  in  the  30tli  year 
aforesnid,  and  divers  ilays    and  lirues  a(ter, 
with  ttirce  and  arms,  Ace.  at  tliu  parish  ntbre- 
'  satrl,   in  the  e(»unty   of  Middltsex  afore "wtid, 
'  and  molher  places  wiJhinihe  county  of  Mid- 
^  diesex  Mtoresaid,  falsely,  flubtilly,  advisedly, 
'  nmlicioualy,  devilishly  and   traitorously  did 

*  he  in  wait,  and  endeavour  our  said  laic  b>rd 
^tht  king  trattoi^usly  ta   kill   and    munlvr ; 


1605^75  w/  of  TitUi  Outtf, 

and  that  the  itnid   Thomis  Whht 

Whiiebreud,  Uill:        *     '     '  ' 

and  other  false  t 

said  unknosi 

S'lth  day  of 

at  the  pan 

MiihlleAex 

%-fSl'lJk-       111    tin 
pi 

known,   and  subjects  ut  vr 
kin^,  hrm  our  saitl  lat^  lo 
tOfOMslv  to  kill  nnd  niM 
cf  ihei'f  nllegianre,   a  j 
said  lord  the  king  hi«  i  < 
Ug^iinsi  the  fiJffM  id'  111' 
mm\i-  ni  ' 
far  nro' 

;^*ttoVdeltvriy    oj 

Newg-ale,  at  Jusii 

in  tl»e  suburbs  of 

parish  of  St.  Sip 

rinjB^don  wiriitmt,  1, 

cember,  inlln        lu  v ' 

justices  of  thi'  sj  (I  t  1  I 

l^aol  delivery,  fhtnfinii 

ment,  of  the  county  of 

came  the  said  Wjlliam  Irebttd*  Tbtn 

erin;^  and  John  Grove,  undtr  th«» 

sir  Richard  How,kniy:ht»  and  8ir .' 

man,  knit^hl,  sheriff  of  the  cou 

dlr^exnlorrsuid  ;  into  v. 

ciOiie  fliurrsaid,  they  ^^ 

IMtij;  brOMi^hlto  i!     ' 

p«  rsiMH,  and  prr^t 

ouott^rnin^  th    -  i 

them,  how   '  t\ 

the  aforesiiid  \\ ,-,  u 

erin;,'  aud  John  ih  i 

they  were  not   the  ^       „ 

same,  for  good  and    bnd,  th 

put  tlieniHctve^  upon  t fie  vjn 

cerlain  jury  uf  the  eounlry\   ni 

duly  impauuetM,  sworn  and  d      , 

and  there  iti  Uie  same  eourt,  Iweforr 

lioes  of  gaoUdelivery  afoi^ei^nid,  wr^l 

And  that  upon   tliut 'trial,    f 

lat«^  lord  th*>  kins',  and  the  - 

Jand,  T:;  i'    ' 

l-,oin|nt, 

in    the  (fm    l#;il|i:.'\     auMTx.iicj^    .  j;i   i] 

St  Sepulrhre,   in  the  Wan!   «if 
wtlhoue,    (yindon    t,r..r,.^..;.*      .i.. 
(Tiu»^Oat*/s)latt  *■ 
iiforcsjiid,  in   the  u 

f>r^w!ucir|  's  n  'i^iinrss,  • 
ate  lord  the  kirij.  n* 
and  beforr  iS 
in  the  court 
upon  thi*  Holy  C 
Bwoni  to   spetik 
wludc  trniU,  i<Md 
«f>d  in  th<r  pr*»Uji*n 
kiri'T,  and  the  said   nii mm  iicii 
Pickrrinjj  and  Jotm  Grove.     A 

RHiil  Tinr  '* -' "     —  '  ^' 

of   gaol- 


STATE  TRIALS,  1  JAMStTI.  iSiS.^for  Ptijurif. 


11991 


tbe  imiictment  aforesaid  ^  ot 
wjutl  ali)resaid,  hy  Ui^  own 

<  nt  gf  iim  most  wlckcH 

tily  fttd  corruptly  Hid 

p^^uj,  Miiti  giire  iti  eTiiiriiee   to 

ih*  jury   »f<ir¥Htncl,   iIumi  and 

<d  iin|iJiniielW(lf  tn  try  the  issiif* 

en  tnw  Jjjaiil  late  lord  ibe  kinvf^ 

if^rt^ve  ;  ihnl  iUe  ^id  Wiltiam 
iridictiiirnt  aroi^esaitl    men- 
towo(within  tbceitiesof  L^iinJon 
Biti9|^,  nr  th*^  plarfs  a<ij<io«^t)t  to  l|iC 
xin  I  lie  1st  or  i2il  diy 
»iIk:j  i!rl67it*   Whereas  in 

I  in  9Jivcii  thL  &«id  Willmii  treluiid,  in 
Imdit  ttfiwrciaiiiJ  tnc'iiiiimdl,  %vits  not 
UOr  witliift  tltr  cilifs  ot  Loodoii  aivd 
k9iicf,  or  I  lie  places  aJjaceut  to  ifie 
Sm, -^-^  ^'^^^  •   of  thrra,  upon  the   1st 
jV  ol  r^  in  tlie  ypur   167B. 

b^  iiJ  u.  iitiv  0:iTi  ,*dn'  afore- 

dav  ot   I  "i»  y<?fir 

jStHcJu  ,  1(1  the 

f  upon  the  Inal  atureSAMlf  UfKin 
it  aforesiti^lf  iMriwi'en   onr  late 
I  Vrug:,    aod   the    aforei^aiil  WUham 
Tboiiins  Pickering' and  John  Grovr, 
reauid  luul,  by  bis  own  n«i  »nd  con- 
I  iW  bts  most  %v irked  itiiud,  falsely, 
ily    and    cornipily,  in    iiiannir  >»od 
>rr«aid,  did  cominit   V4»lutiiiir>'  ami 
perjury. 

fc€  jurors  aforr«ta in,  last  svvr^rn  to  en- 
i......  .  .;.M-  r!  •i"i  "-.     rnid  the  body 

,  upon  llieir 

\  i.ihatatano- 

i.d  thr  kiofft  hetd 

c  ..  nt  Hic'k^s-haU  in 

I  }.trrct,  in  the  county  aforesaid,  oti 

[y  (to  wit)  ttic  l?th  ihv  i>f  Junejti  tlie 

r  f  hftrles^^b<*- 

,  .sir  Thomas 

I  :,sir  W  illuun  Puhney» 

•  ivles,  knii^ht*  Thoiiius 

i  others 

I  ur  Raid 

1  to  nuy  four  or  more 
*  Stil  of  our  said  late 
t%  by  the  oath*  of 
uunty  of  Mhldle- 
f  and  by  all  other  i*av»*i  manneni 
^vhicb  tliev  might  or  eotJd 
~iW  wiihiii  hbtrtics  q»  without 
:Ii  of  tlir  niulter  mi^ht  be 
treaw»n«,  ini«- 
tiorm,  rehellions, 

hti  money  of 

oihrr  king- 

u',-A   ofal! 

killings^ 

N,  roeelitigiij  ami  unlawful  cou- 

akings  d' wonln,  enmbinttti<j<ifi, 


lui^risjans,  eontederaciefi,  false  allctgntionf, 
trf9|ia«st*£t  Hois^  routs,  retainei-s,  «scapes» 
coiHtmpts,  oppre«hioiis  j  ftod  of  oiber  articles, 
;hkI  offenre!*  in  the  same  Ifrliers  patents  c^ 
o«r  suid  lord  the  kinjj,  apecified :  as  also,  this 
acc<*saries  of  the  same,  within  the  county 
afon*said,  as  well  within  hlierlies  aj*  without* 
by  \i  huui^tuever  and  liowsoever  had»  done, 
|iei' I »et rilled  or  committer) ;  and  of  other  ar- 
tirh  «i  and  circumstauces  c«t»ccrniog'  the  pi«- 
rnise::!,  ho\\  jioe^et',  and  the  same  tix'asona 
and  uther  the  premises  to  bear  and  deter - 
miae  according  to  th<?  lair  and  custom 
of  this  kinjfdom  of  England  being  as» 
sidled  by  the  oaths  of  Henry  Ashurst 
cw(,  Kriuard  Grnvel,  John  iWford^  Jolm 
Wan-el,  William  Hanmer,  Robert  Pritchard, 
John  Treddcr,  (silhert  Urewevn.  David  Col- 
li vex,  Abraham  llarvisionf  Cnaries  Mors^an, 
Plnlip  Trehearti,  John  Collier,  lltdiert 
WhitetXMi,  William  Wehb,  Thomas  Edwanb 
and  AlM-Qh»m  Tille/it,  hune^t  and  lawful  mea 
in  the  county  afoi^said,  sworn  ami  charj^ed 
to  cuqnfre  W  our  said  loril  the  kiuj^,  and  the* 
bofly  of  the  county  aforesaid ;  upon  tbcir 
oaths,  it  Mas  prtisented,  Tliai  Thoujas  White, 
late  of  the  pari!»h  of  8t.  Ciles  in  the  tiekK  in 
the  county  of  Middlei»ex,  clerk,  utherwiste 
called  Thomas  Wbilibrrt»d,  lateot  the  pnrish 
afijrcfiuuljn  the  county  aforesaid^  ch'rk  ;  John 
F4M\%ick,  late  of  the  j»aniih  aforesaid,  in  the 
comity  afoi-esaidi  clerk  ;  Wdliam  Harcouit, 
late  of  the  jmrish  aforesaid,  in  the  county 
aforesaid,  clerk,  others i^e  called  William 
Harrison,  late  of  the  parish  aforesaid,  iu  tite 
county  afuret^idf  clerk;  John  (javon,  lale  6i* 
I  he  parish  aforesaid,  in  the  couiity  atbresaid, 
clerk ;  and  James  Corker,  late  of  the  imrisH 
aforesaid,  in  the  county  aforesaid,  clerk  ;  as 
feUe  traitors  agpiinst  the  most  illustrious,  most 
tcrene  and  excellent  prince,  our  late  sof  ereign 
lord  kin^  Charles  2,  by  the  grace  of  God.  of 
EtiplaDfU  Scotland,  rrauceand  Ireland,  king, 
delender  of  the  faith,  \'c,  their  sujyreme  and 
nnrtiral  lonl  j  not  having  the  fear  of  God  in 
ill*  ir  hearts,  nor  weigVung  the  duty  of  their 
allei^rince  ;  but  being  tnot^  and  setluced  by 
the  iofch^ation  of  the  devil,  the  cordial  love, 
the  true,  due,  and  uatnnd  obeijic'nce,  wbicU 
rrru.  nr>j  fhithfifl  subjects  of  our  fsaid  hntl  tho 
!shim  <mr  said  lord  the  king  should^ 
a  nri -lit  to  Ivsir;  vhoity  with- 
^  Tind   with   all  their 

,  find  Common  trau- 

((ijiliiiY  of  thiH  kingdom  of  England  to  di>;* 
tm  li  ]  and  the  ln?r  rv<  rship  of  God  %^  ithiit 
this  king^lotu  r  |  used,  and  by  law 

e^Lcibti^hcTdj  Ir*  ^  ;    nnd  the  goreni- 

men!  of  this  kini^duuj  t-i  ilu^rhnd  to  subvert, 
undKciUtion  BtidrcU'Uion  within  ihinkiitqiloiii 
of  Eni;*hnd  toiti  '  tnd 

the  cordial  lufi  ^.e, 

which  true  anil  i   udhi  mi    Jurd 

the  king  toward*^  him  ilt<  he  king, 

should,  and  of  rij^ht  -  •  \  utterly 

to  withdraw^  put  out.  and  our 

lat4i  Urnlibit  km*^  :.  u.^*.  _.,^  liuil  dci* 
4t  ' 


1235J 


STATE  THIAIii,  1  James  II.  l6S5.~Dial  of  THut  OtUet, 


U  true  lion  to  brinjr,  oud  put^  tbu  24lli  day    of 

P  Aiiril,  iu  the  3«-HI»  vear  nf  tlic  ms^  ot  our 

I'  sliiit  late  lord  ktu^Ciiarles  ^,  Sec.  ot  the  pa- 

^  rish  orSt.  Giles  ill  ihe  fields,  and  the  county 

*  ol'iVliddlesex  ^iforessaid*  uilli  divertkOtUvr  false 
^  triitliu's  ajfainst  our  said  lato  lord  the  king",  to 

L*  I  he  jnrorH  uforcaaid   unknown,  falstdy,  suh- 

J«  Lily,  od I  ibedly,  maliciously    and  tntiierously 

d  d    piir^Mjscs   compns«,  iinaj^'ine,  and  intend 

hi'  litMiti  and   rvbelhon  v*ithlu  thii.  kinijdom  of 

Kn^^tumt  to  raove,  *;tir  U[»,  and  [uocurt\  und  a 

L*  riiisi4'nddt*  slatiy:hteratin»n*^  the  ^nhjecls  of  our 

^  Kind  li»rd  ihV  kiii^,  lo  provuro  and  rause;  and 

L*  our  said   lateloid  the  kinu*,  from  the  re^al 

p*  »l4U%  title,  pal*  IT  and  ^ovcnimpnl  of  his  kini,'- 

M  doiji  oiVEn^IamU  utterly  to  deprive,  dtjtose, 

r*  caHt  flown,  and  ili&inherit ;  anu  him  our  said 

'•  bte  lord  the  kin*^  to  death  and  final  dcjitruo*' 

L  •  lion  to  hvinjtr  J^tiil  put,  and  the  ijovcrnroeot  of 

♦*  the  htkum  kitii*doni,  tind  the  sincere  rLJig:ion 

0*  of  God  iu  tiie  same  kingfdom,  rightly  and  by 

^»  the  laws  of  the  said  king-dum  estabfishei^,  at 

1^*  their  uitt  and  pleasure  to  changre  and  ulrcr  ^ 

.*  and  the  state  of  this  v^hole  ktot^dom  of  En«T. 

*  land,  lliroujrli  all  its  piirls  well  instttulcd  and 
•ordered,    witolly    to    nuh^ert    and   destroy; 

/  and  warag^ainsl  our  late  lord  the  king",  within 
^*  this  kingdom  of  Eny^bnd  tu  Icf  y :  and  to 
.  •  perfect  and  complete  the  snine,  tncir    mo!;t 

*  wickeil  treasons  and  trailerouF  imaifma- 
,*lioDR,   and  purjiosis,   they  the  saiil   Thomas 

*  While  otherwise  VV  hitehinead,  John  renwirk, 

*  \}'klliam  Harcourt  othervrbe  Ha^ison«  John 
I  ,•  Gaven,  Anthony  Turner,  and  Jauieti  Corker, 
p*  and  other  fali»e  traitors  to  the  jurors  aforesaid 
I*  *  unknown,  the  aforesiaid  '24tJi  day  of  April,  in 

*  the  ^{Qth  year  aforciiaid,  %^'itb  force  and  arois 

*  aforesaid,  at  the  parish   of  8t.   Giles  in  the 

*  fieldi*  aforesaid,   in  the  county  of  Middlesex 

*  aforesaid,  fulsly,    ma]icion&ly%   subtilly,   ad- 

*  \isedly,  dcviliisfdyanil  traitorous>!y  did  as^eni- 

*  hie,   unite  and  gut  her  lhem>*lves  tofjtiher  ; 

*  tiieti  and  there  falsly,  mahciously,  siibtiUy, 

*  atlvisedly,  devilhyy,and  traitorously  did  cou 

*  suit,  consent  and  a^ree  otir  said  late  lord  the 
>*  king  to  death   and  final  destruction  tQ  brin|;' 

«  atid  put,  and  the  rehtrion  within  Ibis  kin^- 

*  doiij  of  England,  rightly  and  by  tlie  lawi*  of 

*  the  same  kingdom  e^^tablbhi^tt  to  changt;  and 

*  alter,   to  the  snperbtillon   of  the  ehuich  uf 

*  Home,  and  I  he  i;^o  vert)  men  t  of  ibis  kingdom 

*  ofEn^Iund  losubtert'j  and  that  one  Thomas 

*  Pickering',  and  one  John  Grove,  hiio  our  said 

*  late  lord  the  kinj^^bhould  kill  and  murder  :  and 

*  that  tliey  the  said   Thomas  White  othcrwitR' 

*  Whitehrtud  John  Feui*ick,  William  Har- 
^.*  court     otherwise    HarrisoD»   John      Gaveo, 

*  Anthony  Turner,  James  Corker,  ami  other 

*  false    traitors     against    our   said    latx*   lord 

*  the  king,  to    the  juroi"S    unknown,    a  cer- 

*  lain    uuruber    of    Masses,     between    fhciti, 

*  then  and  there  a^freed  iii>ou,  tor  the  hefdtb 
'  of  the  soul  of  hint,  the  said  Thomas  Fickerinjgr, 

*  therefore  should  say,  celtbriite  and  (>erform  ; 

*  and  tljerefore  xliould  pay  upjn  the  said  John 

*  CSro^e^  a  eertuiu  sum  of  money,  l»ch*een  Ihem 

*  then  and  there  agreed  Ujion.    Aud  that  the 


*  said  Thomas  White  > 

*  John  Een»ick, John  i » 

*  Willjiiiu  IlarL'ourl  oti^rwM;  I 

*  other  false  iraitot^  against  onri 

*  the  kiaif,  to  the  jurors  uaknowa,! 
^  thi  r  pro5iecutio«  of  the  trwsau*  I 

*  consultations  nnd  at^reem 

*  lervi  ard»*  (to  wit  J  the  said 

*  in  the   liOth  year  aforesaidil 

*  parish  of  8t.  (•ilesin  the  (irkl&,i] 

*  M- 
*0U...^,  , 

*  and  upon  tl' 

*  tornnsly  du! 

*  not  to  Jivul^e  tin 
'  and  truitorouscui. 

*  purposes  aforeKJiHi,  hi» 

*  him  the  said  late  lord  the  I 

*  kill  and  murder,  and  to  mil 

*  reii<»ion,  to   be  used  wilhii 

*  £nt;land,a[i  " 
^  of  Eng:lanil 
'  kinjrdom  eMirni: 

*  and  ihrii  the  ttu 
'  Whilel»read,  Jol...    . 
S  conil  othcrv>  isG  Han 

*  thuny  Turner,  James  v 

*  traitnrs  to  tlie  jun^r"*  a  I 

*  furth*TprOitc(-uiiimof  I 

*  teroitij  intentions  and 
«  ai^terivards  (to  w  it)  the  fair!  ?t 
»  in  the  30th  year 
^  said,  in  the  cou r; 

*  advisedly,  mali«:u»usly,  dcvULsh 

*  ously,   did   prepare,  perstuad^ 

*  comlbrt  and  coun%el  four  < 

*  jurors  uokuuwn,  and  &uhJ4 

*  lord  the  kiug^,  him  onr  sail! 

*  traitorously  to  kill  and  ttiun^ 

*  duty  of  their  alb  "^  " 

*  of  our  «iiid  late  . 
'  diyjnity,  aiid  ac^a:         .-_   {4 

I  ^  iu  that  case  made  aod  pr 
'  it  \s  as  comtaandcd  the  sbi 
*■  aforesaid,   that  he  should  noti 

*  should  tftke  thetn  tn  ans\rrr, 

*  \V  hich  indicti) 

*  lord  the  king,  ',**■■  . 

*  delivery   of  our  ^^^al  Und  \ 

*  gate,  hoi  den  by  nt^uunm 

*  of  Middlesex,  at   Justie 

*  Itadey  in   ilie  suhurbv 

*  doQ,  on  Friday  (to  w  it)  til 
'  J«ne  in  the  ilst  year  utmr^ 

*  James  Ed waiils,  t"  1 -f  • 

*  London  ;  sir  V. 

*  chief  justice  of  i 

*  beacb  ;    ^ir  Fr:M 
'justice  of  hh  m 
<  Pleas:  sir  Thomas  Aile 
•'one  of  the  aldermen  oft    

*  don  \    sir  Geun^e  Jeflerits, 

*  of  the  iiaid  city  of  l^iudon  ; 

*  compuiiottfi,  iuoices  of  our  » 
^  twign»<l  10  deUrer  his  Gaol 

*  the  piiMMMrs  m  the  sasoc  I 


STATE  TRIALS,  1  James  II.  l6»5.-/or  Petjurg. 


[1SS8 


did  deliver  there,  in  tbe  court  of 
irm  of  law  to  l>e  determined  : 
)D,  at  the  said  gaoir delivery  of 
AQg  of  Newpate,  holden  by  the 
aforesaid,  for  the  county 
Justice -Hall  aforesaid  the  said 
3th  of  Juiu;,  in  the  31st  year 
fore  the  aforesaid  justices  of 
e  lord  tlie  king:  lust  named 
aid  Thomas  White  otherwise 
John  Feu  wick,  Wdliam  Uar- 
ise  Harrison,  John  Gaven  and 
rner,  under  the  custody  of  sir 
%  kiiitrht,  and  sir  George  Chan- 
sheritf  of  the  county  aforesaia  ; 
iistody,  for  the  cause  aforesaid, 
'fore  that  time  committed  ;  be- 
o  the  bar  there,  in  their  pi*oper 

0  were  committed  to  the  afore- 
:c.  And  inunediately  being  se- 
iUded  concerning  the  premises 
lie  indictment  aforesaid  specitied, 

1  them  as  above,  how  they  would 
:  themselves  ;  the  said  Thomas 
wise  Whitebread,  John  Fen  wick, 
court  otherwise  Harrison,  John 
Anthony  Turner,  did  severally 
y  were  not  thereof  guilty  :  and 
r^^ood  and  bad,  did  sc\era1ly  put 
K)n  tlie  country.  And  thereupon, 
ictment  aforesaid  last  recited,  at 
f  our  lord  the  king,  at  the  Jus- 
he  Old-Bailey,  it  was  so  far  pro- 
the  issue  aforesaid  between  our 

the  king  and  the  said  Thomas 
^isc  Whitebread,  John  Feu  wick, 
'court  otherwise  Harrison,  John 
4nthony  Turner,  afterwards  (to 
resaid  Friday  the  ISth  da^r  of 
3 1st  year  aforesaid,  at  Justice- 
lid,  by  a  certain  jury  of  the 
that  behalf  duly  impannelled. 
ai^ed,  was  tried  ;  and  that  upon 
le  issue  aforesaid  last  mentioned, 
iaid  late  lord  the  king,  and  the 
;  White  otherwise  tVhitel)rcad, 
k,  William  Harcourt,  otherwise 
bn  Gaven,  and  Anthony  Turner, 
ibresaid,  (to  wit)  at  the  Justice- 
Id- Bailey  aforesaid,  in  the  parish 
dire,  in  the  ward  of  Farringdon 
Ion  aforesaid,  the  said  defendant, 
was  also'a  witness  produced  on 
said  late  lord  the  king,  upon  the 
I,  upon  the  indictment  last  afore- 
),  the  aforesaid  Titus  Oates,  then 
the  session  last  aforesaid,  at  the. 

aforesaid,  in  the  court  uf  the 
(to  wit)  at  the  parish  and  wai*d 
18  duly  sworn  upon  the  Holy 
od  to  speak  and  testify  the  truth, 
ith,  and  nothing  but  the  truth  of, 
etaiises,  iu  the  issue  aforesaid  last 
>ai  aforesaid  joined  between  our 

the  king,  and  the  said  Thomas 
rise  Whitebread,  John  Fen  wick, 
court  otherwise  Harrison,  John 


Gaven,  and  Anthony  Turner.  And  that  the 
said  Titus  Oates,  then  ami  there,  at  the  ses- 
sion aforesaid  last  mentioned,  in  the  Justice- 
Hall  aforesaid,  in  the  court  of  the  same  ses- 
sion upon  his  oath  aforesaid,  upon  the  indict- 
ment last  aforesaid,  by  his  own  i)roper  act 
and  consent,  of  his  most  wicked  mind,  false- 
ly, voluntarily  and  corruptly  did  say,  depose^ 
swear,  and  give  in  evidence  to  the  Jurors  of 
the  Jury  aforesaid  last  mentioned,  so  as  afore- 
said sworn  and  impanneired  to  try  the  issue 
aforesaid  between  our  said  late  lord  the  king, 
and  the  said  Thomas  White  otlierwise  White- 
bread,  John  Fenwick,  William  Harcourt 
otherwise  Harrison,  John  Gaven,  and  An- 
thony Turner  ;  That  William  Ireland  (one 
William  Ireland  then  before  convicted  and 
executed  for  high-treason  against  our  late 
lord  the  king,  meaning)  took  his  leave  of  liiin 
the  said  Titus  Oates  and  others,  at  the  cham- 
ber of  the  said  William  Irekind,  ^hen  being 
in  Russcl- street  (a  certain  street  called  Russel- 
street,  lying  within  the  city  of  Westmin- 
ster, in  the  county  of  Middlesex,  meaning) 
between  the  8th  and  13th  day  of  August,  in  the 
year  of  our  Lord  1678.*  Whereas,  in  truth 
and  in  deed,  the  said  William  Ireland  did 
not  take  his  leave  of  the  said  Titus  Oates,  or 
any  other  persons  whatsoever,  at  the  cham- 
ber of  the  said  William  Ireland,  then  being 
in  Russel -street  aforesaid,  between  the  said 
8th  and  13th  days  of  August,  in  the  year  of 
our  Lord  1678.  And  so  the  said  Titus  Oates, 
upon  the  said  Friday  the  13th  day  of  June, 
in  the  31st  year  aforesaid,  at  the  session  last 
aforesaid,  at  the  Justice- Hall  aforesaid,  in 
the  court  of  the  same  session,  upon  the  in- 
dictment last  aforesaid,  so  put  in  issue,  and 
tried  as  aforesaid,  between  our  said  late  loi-d 
the  kinir,  and  the  said  Thomas  White,  other- 
wise Whitebread,  John  Fenwick,  William 
Harcourt  otherwise  Harrison,  John  Gaven, 
and  Anthony  Turner,  by  his  own  proper  act 
and  consent,  and  of  his  most  wicked  mind, 
falsely,  voluntarily,  and  con*upt1y,  in  manner 
and  form  aforesaid,  did  commit  voluntary 
and  corrupt  perjury,  to  the  ^reat  displeasure 
of  Almighty  God,  in  manifest  contempt  of 
the  laws  of  this  kingdom  of  England,  to  the 
evil  and  pernicious  example  of  all  others  in 
the  like  case  offending,  and  against  the  peace 
of  our  sovereign  lord  the  king,  his  crown  and 
dignity.  Upon  this  indictment  he  has  been 
arraigned  ;  and  thereunto  hath  pleaded.  Not 
Guilty :  and  for  his  trial,  ^ath  put  himself 
upon  the  country,  and  his  majesty's  Attorne}-* 
General  likewise ;  which  country  you  are  ; 
your  chaise  is,  to  enquire,  whether  the  de- 
fendant, lltus  Oates,  be  guilty  ofthepeijury 
he  stands  indicted,  or  Not  Guilty.  If  you 
tind  him  Guilty  you  are  to  say  so  ;  if  you 
find  him  Not  Guilty,  you  are  to  say  so,  and 
no  more :  and  hear  your  evidence.* 
L,  C.  J.  (Sir  George  Jefferies.)  Ijook  ye, 
3Ir.  Attorney,  my  lord  chief  justice  Jonim  has 

«  See  Tol.  7,  p.  3S7,  of  this  Collection. 


the  year  of  oar  Lord  1678.  And  to  tbi 
Titus  Oates  did  tfaeii  and  there  oonah 
and  corrupt  perjury.  And  this  is  lud  to 
the  great  displeasure  of  Almighty  Ckid,  ii 
tempt  of  the  laws  of  this  land,  to  the  cf 
pernicious  example  of  all  others  in  the  life 
offending,  and  against  the  king's  peace,  < 
and  dig^ty.  To  thia  he  has  pleaded 
Guilty.  If  ive  prove  it,  we  do  not  qai 
but  you  will  find  uim  Guilty. 

A(L  Gen.  May  it  please  your  lordshi] 
yon  gentlemen  of  tlie  jury  ;  Mr.  Oates  i 
imlictcd  for  having  perjured  himself:  d 
stances,  gentlemen,  that  we  charge  him 
are  these :  first,  what  be  swore  at  the  ti 
Ireland  ;  and  we  say,  that  at  that  trial  i 
swear  Ireland  was  in  town  the  1st  or  i 
September,  1678.  The  second  instui 
what  he  swore  at  the  trial  of  the  Five  Jcs 
and  there  we  say,  he  did  swear,  thst  In 
was  iu  town  between  the  Ath  and  12th  tf 
^ust,  and  that  he  took  his  leave  of 
in  town  at  his  chamber  in   Russel-r- 


1239]  STATE  TRIALS,  l  Jambs  II.  l6S5.-Trirf  rf  liim  Omia,        [ 

sent  to  know,  whether  you  have  any  thing  to 
do  with  hira  to-day  here  ? 

Att.  Gen.  (Sir  Robert  Sawyer.)  Not  at  all, 
that  I  know  of. 

X.  C.  J,  Mr.  Gates,  do  you  intend  to  make 
pse  of  my  lord  chief  justice  Jones,  or  any  of  the 
judges  of  the  Common- Pleas  as  witnesses  ? 

Oat€$.  Yesterday,  my  lord,  I  did  call  for 
them,  to  have  made  use  of  them  as  witnesses. 

X.  C.  J.  But  have  you  any  thing  to  say  to 
them  to-day  f 

Oates.  I  cannot  tell  as  yet. 

X.  C.  J.  Then  ray  Lord  Chief  Justice  Jones 
must  be  told,  that  he  does  not  know,  whether 
he  shall,  or  not.    Go  on,  sir  Samuel  Aslry. 

[Then  Proclamation  was  made  for  informa- 
tion, and  Evidence  was  made  in  usual  manner.] 

Mr.  Phippt.  May  it  please  your  lordship, 
and  you,  gentlemen  of  the  jury,  this  is  an  in- 
dictment against  Titus  Gates,  clerk,  for  per- 
jury :  and  this  indictment  sets  forth,  that  Wil- 
liam Ireland,  Thomas  Pickering,  and  John 
Grove,  in  the  30lh  year  of  the  late  kinjr,  were 
indicted  of  hijs^h-treason,  and  tried  at  the  Gld- 
Bailey  ;  and  at  that  trial,  the  defendant,  Titus 
Gates,  was  protluced  a  witness  for  the  king  ; 
and  being  swoni  to  tell  the  tn«th,  the  whole 
truth,  and  nothing  but  the  truth,  did  falsely, 
voluntarily,  ami  corruptly,  depose,  and  swear, 
nnd  give  in  evidence  to  the  jury  tliat  did  try 
that  cause,  that  the  said  William  Ireland  was  in 
town  (within  the  cities  of  London  and  Westmin- 
ster, or  the  places  adjacent,  meaning)  upon 
the  first  or  second  day  of  September,  in  the 
secoiid  yrar  167B.  Whereas,  in  truth,  the  sai<l 
William  Irclaiid  was  not  in  town,  nor  within 
the  cities  of  lAindoH  and  Westminster,  or  the 
places  adjacent,  upon  thi*  first  or  second  day  of 
C«epteml>t'r,  in  the  year  1673  ;  and  so  the  said 
Titus  Gates  hath  c<>mmittcd  wilful  antl  corrupt 
perjury.  And  the  indictment  further  sets  forth, 
that  upon  the  13th  day  of  June,  in  the  31st 
year  of  the  late  kio:if,  Gliomas  White  otherwise 
Whitcbrrad,  John  Fenuick,  Wiiham  Uarcouit 
otherwise  Harrison,  John  Ga\cn,  and  Anthony 
Turaer,  were  indicted  an«l  tried  at  the  Old- 
Bailey  for  t<ra8<m,  and  at  that  trial  the  said 
Titus  Oates  was  a  witness  produced  on  the  part 
of  the  king  :  Utid  being  sworn  to  testify  the 
tnith,  thp  whole  truth,  and  nothing  but  the 
ti-uth,  by  his  own  act  and  consent,  of  his  own 
most  wicketl  riiind,  f  ;lscly,  voluntarily  and  cor- 
ruptly did  depose  and  swear,  and  j^i>  e  in  evi- 
dence to  the  jury,  that  William  Ireland  (one 
WiUiam  Ireland,  before  that  time  convicted 
and  e\c<'Ute<l  for  high-trcasou,  nieanir.iir)  Jiii 
take  his  leave  of  hiui  the  said  Titus  Gates,  at 
histhesvid  Wiiliaui  Ireland's  chamb<r,  then 
being  in  Kussel- street,  iietween  the  (jlti  and 
12th  day  of  August,  in  the  year  of  our  Lord 
16? 8.  Whereas,  in  truth,  the  said  William 
In-iand  did  not  take  his  leave  of  bun  the  said 
Titus  Gates,  tu'  of  any  other  persons  what- 
soever, at  his  the  said  William  Ireland's  cham- 
ber^ then  being  in  Kussel-street  aforesaid,  be- 
tween the  saiuSthaud  I3th  day  of  August,  in 


we  do  charge  him  by  this  indictment,  tk 
has  forsworn  himself  in  both  inKtanrK : 
that  Irelaml,  gentlemen,  was  neither  in 
between  the  8th  and  12th  of  August,  dm 
1st  or  2Bd  of  September.  And  we  shall  i 
it  out  very  evidently  :  for,  gentlemen,  \ 
the  proof  in  this  case,  our  casfl  stands  thai 
say,  that  the  3rd  of  August,  1678.  In 
went  into  Hertfordshire,  to  a  house  of  ai 
Astoo's,  and  from  thence  went  into  Sw 
shire.  I  will  not  stand  to  open  the  partk 
fvhere  he  was  every  day  ;  hot  we  shiB 
you  au  account,  in  a  method  very  easy  1 
remembered  and  observed,  %%herehe  »i 
the  14th  (»f  September.  But  one  remar 
iufttance,  gentlemen,  I  desire  to  take  parti 
notice  of ;  and  that  is,  the  lime  of  Paucni 
whi<?h  is  upon  the  i>nd  of  8<»ptember  alwi 
known  day,  and  a  known  place  in  thatcou 
Now  we  haveauionof  the  rest,  many  vitr 
to  prove,  that  Mr.  Ir*  land  was  there  that 
and  not  in  town.  And  uhen  we  have  p 
this,  as  we  shall  by  a  whole  cloud  of  wiiw 
1  bclifve,  you  gfutlemen  of  this  jury,. « 
mon^  doubt  that  Mr.  Gatc-s  is  fors»«orD  in 
particulnt*s,  than  the  jury  yi-sterday  did  it 
navtiL*uiur  ;  nor  than,  1  't^elievc,  lite  \ 
LitiL^dom  does  by  this  time. 

Sol.  Gin.  iMy  lorrl,  we  shall  go  to  oor 
dence;  r.nd  fii-st,  ue  produce  the  Heror 
the  two  Trills  of  Irelnml,  and  the  five  Je 
JSwear  31r.  Swift.  [Which  was  done.]  1 
Sir,  put  in  the  Uecoi-ds.  .Are  those  true  co 

Mr.  Siiift.  My  lord,  I  examined  these  Rt' 
with  the  originals,  and  they  are  true  ci>t" 

Alt.  Ocn.  Mr.  Gates  will  you  have 
read  ?  Gr,  to  sa%  e  the  lime  of  the  Court, 
you  agr«e  them  ? 

Oales.  My  lord,  I  consent  to  save  the 
of  the  court ;  if  they  shall  be  made  usee 
evidence  for  me. 

L.  C.  J.  No  doubt  they  are  evidence  fii 
as  well  as  against  you,  when  tlicy  fi 
duced  here. 


STATE  TRIALS,  1  Jambs  II.  1685.-^  Pttjwnf. 


imi 


en.  If  Mr.  Oates  does  admit  the  Re- 
ini  thall  we  ^  oo,  and  proTe  what  be 
r  at  thoae  Tnab  ;  and  forthe  first  part 
le,  which  is  between  the  8th  and  lith 
t,  we  desire  that  Mr.  Thomas  Harriot, 
Uainyfonl  Waterhouse  may  be  sworn, 
was  done.] 

rffi.  Mr.  Harriott  pray,  do  you  re- 
at  the  trial  of  the  FiTe  Jesuits,  was  Mr. 
Miuced  and  sirom  as  a  witness  ? 
ot.  Yes,  ha  was,  mv  lord, 
rm.  Do  Tou  rememoer  what  testimony 
about  Ireland's  beingf  iu  town,  and 
iraa,  be  said,  he  was  in  town  ? 
ot.  My  lord,  he  did  positively  awear, 
Ireland,  the  late  Jesuit,  did  take  his 
him,  the  said  Gates  and  others,  at  the 
land's   chamber  in  Russel-street,  be- 
f  8th  and  12th  of  Autj^nst,  1678. 
'en.  Were  you  of  the  jury  that  tried 
:  Jesuits,  Mr.  Harriot  ? 
ot.  Yes,  I  was  foreman  of  that  jury. 
fen.  What  say  you,  Mr.  Waterhouse  .^ 
u  present  at  that  trial  ? 
*hauu.  Yes,  1  was  of  the  jury  too. 
ten.    What  did  Gates  swear  at  that 

'kouK.  He  said,  that  Mr.  Ireland  took 
!  of  him  the  13tli  of  August.  My  lord 
tiice  Scrogc^  then  asked  him,  Are  you 
^asthe  19m?  And  then  he  said,  he 
d:  be  iMwitive  it  was  the  12tb,  but  be- 
le  8th  and  13th  it  was,  I  am  positive 
yoatb. 
\}en.  It  is  so  in  the  print  too ;  but  we 

J.  But  will  the  defendant  ask  these 
s  any  questions  ? 

.  My  lonl,  if  yonr  lordship  please,  1 
Mr.  Harriot  a  question. 
/.  Ay,  do  ask  him  what  you  will. 
.  Mr.  Harriot,  did  I  swear,  that  he 
leave  of  me,  or  I  took  my  leave  of  him  ? 
lot.  You  swore,  that  Ireland  took  his 
you  and  others,  between  the  8tb  and 
Angnst,  1078  ;  between  those  two 
id  in  that  vtiir. 

TTi/Ami.  Itis  a  nice  question  that  of 
Mr.  Guteif,  upon  my  w«i*d. 
.  My  lord,  1  know  what  reason  I  have 
hat  question ;  I  am  sure  in  perjury, 
t  oujj^bt  to  keep  up  the  witnesses  strictly 
is  hud  iu  the  mdictmeut. 
J.  Well,  you  have  his  answer  accord- 
he  indictment. 

.  Pray,  myjord,  be  pleased  to  ask  Mr. 
this  question,  Whether  be  took  notes 
iair 

iot.  Yes,  I  did  so.  Sir. 
.  My  lonl,  I  desire  to  know  of  Mr. 
,  Whether  be  has  those  notes  by  him? 
iot.  No,  Hir,  I  have  them  not  here ; 
sve  had  them  by  me  this  four  or  five 
ir  more.  It  was  my  manner  in  all  the 
rfacmiD  I  was  concerned  as  a  jury-man, 
dba  triab  strictly  over,  when  they  were 
especially  whero.1  happened  to  hare 


any  notes  that  I  took  at  the  trial,  and  to  oofa- 

rire  the  printed  trial  with  nay  notes ;  and  sihei^ 
found  any  thing*  doubtful,  I  used  to  pat  a 
auery  upon  it.  And  this  and  many  other 
iiings,  I  found  to  be  in  the  printed  trial  strictly 
according  to  my  notes. 

OateM,  My  ford,  I  desire  to  know,  what  trial 
he  was  foreman  at  ? 

Harriot.  That  of  the  Five  Jesuhs,  in  June; 
the  13th  of  June,  1679. 

L.  C.  J.  Have  you  any  thing  to  ask  Mr. 
Waterhouse? 

Oatet.  Yes,  my  lord.  Pray,  Sir,  let  me 
askyou  a  question. 

Waterhouse.    Ay,  if  yon  please.  Sir. 

Oaten.  Did  you  take  notes  of  that  trial  you 
speak  of.  Sir  ? — Waterhouse.    No^  I  did  not. 

Gates*  How  come  you  there  to  remember 
^is,  that  I  was  so  positive  as  te  the  time  be- 
twixt the  8th  and  12th  of  August  ? 

Waterhouse.  Because  I  was  one  of  the  jury ; 
and  because  my  Lord  Chief  Justice  n»de  a 
Stoii,  when  you  said,  'twas  the  13th  of  Aus^sty 
ane  bad  yon  consider:  and  vou  consider'd^ 
and  consider'd  it ;  and  did  a&rm  positirely, 
that  it  was  between  the  8th  and  12th  of  Angust. 

L.  C.  J.  He  gives  you  a  plain  reason  for  hie 
remembrance. 

Dates,    My  lord,  I  have  dene  witli  him. 

"BoL  Gen.  Then  we  desire  Mr.  Fb»ter  may 
be  sworn.  [Which  Was  done.]  Mr.  Foster, 
pray  will  you  tell  what  you  remember  Mr, 
Gates  swore  at  Mr.  Irehmd's  trial,  about  Ire- 
land's being  in  town  ? 

Foster.  I  was  one  of  the  jury  at  the  trial  of 
Mr.  Ireland,  Mr.  Pickering,  and  Mr.  Grove ; 
and  I  did  see  Mr.  Gates  sworn,  as  a  witness  lor 
the  kin^,  at  that  trial ;  and  so  was  Mr.  Bedloe : 
and  Bedloe  there  gave  evidence,  tliat  there  was 
a  meeting  at  Harcoort's  chamber;  and  Ireland, 
Grove,  and  IHckering  were  there:  and  that, 
this  was  the  latter  end  of  August.  Mr.  Ire- 
land did  make  his  defence,  as  much  as  he  could, 
to  prove,  that  he  was  not  in  town  from  the  be- 
ginning of  August  to  tlie  middle  of  September ; 
and  brought  divers  witnesses.  But  'u[»on  his 
denying  to  be  here  the,  latter  end  of  August, 
i\lr.  Oat^  did  come  and  swear :  ^  I  am  certain,' 
says  he,  *that  th3  1st  and  2nd  of  September 
*  he  was  in  town ;  for  then  1  had  of  htm  90«.' 

Gates,  Was  I  positive,  that  he  was  here  in 
town  the  1st  or  2nd  of  September? 

Foster.  Vou  were  positive,  Sir,  to  the  1st  or 
2od ;  T  hare  it  in  my  notes  in  ivriting. 

L.  C.  J.  He  tells  you,  it  is  in  his  notes : 
and  therefore  he*s  sure  you  said  so. 

Att.  Gen,  In  the  printed  copy,  if  it  berigtit, 
there  is  mention  mane  of  the  word  *  positive.' 

L.  C.  J,  I  think,  that  is  in  August,  between 
the  8th  or  19th,  he  was  positive. 

Gates.  Did  I  say  these  words,  <  1  was  posi- 
Mive?' 

Waterhouse.  I  say,  yeu  affirmed  that  he 
was  in  town  the  1st  or  2nd  of  September. 

L,  C,J,  It  is  not  necessary,  that  you  slumld 
use  the  word  *  positive :'  the  nuestioa  ia,  Whe- 
ther it  was  poaitifdy  affinnear 


1843}  STATE  TRIALS,  l  James  IL  i6S5,— TrW  o/  ItiuM  Oaie$,         pSi» 


I 


JusL  Withim^  Was  not  that  true  that  you 
MaJ  ?  Dui  D«it  you  Attirm  a  positive  truth? 

O&Ui.  IVl V  fortl,  I'll  tell  you  the  ifason  why 
1  As>k  the  qu*»li«ii,  becaiis^i  I  have  foi^ot  my- 
self, whether  I  useJ  the  word  or  uo  ;  and  iheri^- 
fore  I  ask  for  my  own  iuforiiifltitio  now. 

L.  C.  J.  Well,  ask  for  what  r«;a«un  you 
win,  you  bnic  received  an  answer  to  your 
^ue«Uori ;  and  ufK>ii  my  won!  be  ^ives  a  tittt- 
able  evidence  :  8iLy£  he,  Bedloe  had  sworn  a 
treasonable  |irACtii*e  by  Ireland,  in  the  lutter 
end  of  .Aitg^imt.  Thuri  Ireland  comes,  and 
IKiake  his  <leit  nee  i  Says  he,  *  Tliat  cannot  lie  ; 

•  for  r  wa««  out  of  town  at  tbut  lime  •   I  was  not 

*  in  r  ,1  .Inii  nil  Aag^ust,  nor  the  beg^iatiinET  *d' 
*N  *  Then  f'lnie  you  in  to  8U[»port 
tbt  |i,y  of  jiedloe,  and  swear,  that  he 
was  in  town  the  IsX  or  Snd  of  September  ;  for 
then  he  gave  you  ^Of*  And  so  you  come  to 
ri\et  the  matter  that  was  sworn  l>efore  by 
Bedloe. 

Quits.    Mv  lord,  what  I  swoi*©  was  truth. 

X.  C.  J*    That  b  now  to  be  tried. 

Ati*  Octu  We  hftve  another  of  the  jury 
here,  Mr.  John  ByJield:  Pray,  swear  him. 
[Whirli  was  done.1 

Sol,  Gen.  Well,  Sir,  what  did  yoti  hear 
Oates  jiwt'ar  at  that  trial  ? 

Bi^efd.  I  heard  the  same  that  tliey  have 
testified  before. 

L,  C'  J^  But  you  must  tell  us  what  that 
was. 

Sol.  Gfn,  Were  you  a  jurv^-man  at  that 
trial  ? 

B^/itld*  Yes,  I  had  a  summons  to  the  Old 
Briiley 

L.CJ.  But  what  did  Gates  swear  ?  That's 
the  question. 

BtjfirU,  Mr.  Dates  did  positively  assert,  that 
Ireland  was  here  in  town  the  1st  or  2m\  of 
September  ;  and  to  coutirm  it,  he  said,  he  re- 
reivfd  of  Uim  20s. 

An.  Gen.  Now,  my  lord,  we  sliaJl  go  to 
our  ovidcnee  to  prove,  that  all  thj!<  is  absolutely 
tklse  :  for  Ireliind  went  out  of  town  into  Staf- 
fort!shire»  and  did  not  re  I  urn  till  after  I  1m?  <>ih 
of  September.  And  for  iJi is,  we  call  Ann  Ire- 
land [Who  was  sworn,] 

StL  Grn.  Mrs.  IrelauiL  pray  where  did  you 
tiikt'  3 our  leave  of  your  lirother,  Mr.  Ireland, 
who  was  executed  in  summer  167B,  and  when.? 

ftlrs.  A.  Ireland.  I  took  my  leave  of  him 
the  b(^;i^innin*f  of  August. 

S<>L  GcH  What  diiy  in  Au^rust,  do  you  re- 
mcrnher  ? 

A    Ireland,    The  3rd  of  Augimt. 

Sol.  Gtin.  Where  wa^  it? 

A.  Ireland.    In  my  own  lodg-intf  ? 
[J..  C.  J.   Where  was  your  lotl^itig^  ? 

A.  Ireland.  In  Ruis&el-kreet^  Coveht- garden. 

L.  C.  /.  Now  tell  tis  Bg;atu  the  time  when 
it  wa.^  ? 

A.  Ireland,  It  ^\ as  on  SatunJay  morning",  as 
I  remember,  the  '^inX  of  August,  the  Saturday 
afkcr  St.  Ijjnatins^s  day, 

X,  C.  f.  IJow  come  you  lo  remembef  so 
particularly,  that  it  s\us  ilien  ?  | 


A.  Ireland,  Because  upon  St,  Ipalacs't 
day,  we  were  invited  to  Mr.  Gi^ord\  at  Hmh 
mersmith  ;  my  brother^  my  motber*  aiui  l»«at 
invited  to  stay  alt  night :  but  iny  brotlivr  fc> 
fuseil  to  f«tay,  bec^msc — 

L.  C.  J.  Which  brother  f  What  wis  Im 
name? — A.  Inland,  ^Vitltam  Jrvlaiid. 

L,  C*  J.  I>id  tht-y  at^y  iUensf 

A.  Ireland,  No,  my  lord,  niy  bfolilicr^a» 
home  on  foot,  but  we  staid  all  Qic^bt, 

AtL  Gen.  Here  is  an  almatiaci^  of  ilut  yor* 
and  the  :id  of  August  was  on  a  ^ttturdty. 

A.  Irelaud.  He  ^ald  he  could  notiitajF.W« 
cause  lie  was  to  ^o  into  the  country  upou  %» 
turday.  1  asked  him,  '^  \N  liy  he  %%yuiil  jet 
out  on  Sntunkiy?'  And  sa\  s  he,  *^  1*11  ^h 
Stand  en,  there  I  »hall  mQvi  with  my  lord  .tstn, 
and  his  family  ;  and  have  an  tipptirtuoity  to  p 
with  him  into  StalTordshire/ 

X.  C  X  She  says,  he  went  out  of  towtoa 
Saturday  after  St.  Ignatius 's  day  ;  >«hklif« 
Saturday  the  3 J  of  August^  but  \here  kmng  i 
discourse  between  her  and  her  hmthtr,  wH?  U 
should  make  choice  of  a  Satur  V 
thought,  It  seenis^  was  an  int 
txika  a  journey  «>n  ;  and  u[  - 
made  answer  ajfnin,  Thii 
only  go  to  Standen,  to  tu\  .,,,,  .^.^r, 
wli^re  he  should  meet  with  ^c^ofDpoojTJ 
alon^  with  him  into  8t.afrord:>liire.  ^ 

AtL  Gen.  What  day  of  the  week  itm! 
I^natius's  day  ? 

A.  Ircknd,  St  Igoatius's  da  j  was  oo  W|i 
uesday. 

L.  C.  J.  Whotday  of  the  inootli  is  St.  J 
ttus^s  day  ? 

A.  Ireland.  It  is  either  the  lost  day  oTJttfyj 
or  the  li^t  of  August. 

L,  V.J.     Look  on  your  a](  '      f\ 

have  anv  one  of  that  year,  M  i 

AtL  Ocn.  We  have  no  such  -^aiLit  m  aurilvl 
manack. 

A.  Ireland.  It  was,  us  near  as  1  da  1 
niember,  the  dd  of  August,  that  he  went  vtL 
loivn. 

Sol.  Grjt.  The 3dof  August, aiihat time,! 
on  a  Satnrday. 

I.^rd  Prtrr,  St.  Ig:natius^s  day  isiJways^ 
last  day  id' July,  my  lord. 

Alt,  Gtn,    In  tliis  alman^ick^  ar; 
hasjustkHlhim  out  -,  and  that  in  \hsU 

X.  C  J.    And  in  my  almanr^  .  'mil 

jnstled  them  both  out :  but  tny  **P»| 

it  is  always  the  last  of  July  ;  aiirt  tU;^t  vrasmi 
W^ediie<»day  that  year. 

A.  Inlafid,  i*rememb<*r  tt  was  on  aWed* 
nesilay, 

I.  C,  J.  And  you  are  stire  be  wcbI  ^  d 
town  tfie  Saiurduy  idter  ? 

A*  Ireland.    Yes,  1  am  8ure  be^  wt^nt  «Qi  ^f 
town  then  ;  f*ir  I  a^ked  h>m,  why  he  wot' 
on  a  Saturday?  And  he  told   me  be  wool    . 
but  to  Stanilen  tliat  ni^ht. 

SoL  Cen.  And  ihut  does  hold,  according  (tf 
the  computiitiou,  to  be  the  3d  of  August. 

QaiH.  51y  lord*  she  Is  tioi  positive  to  ibii* 
that  he  weot'oatof  luwn  the  ^dufAttguit 


STATE  TRIALS,  1  JamM  II.  ifiss  — /or  Fnyttty. 


[It4« 


Oen.   Yes,  but  ^he  is  ;  for  she  says, 
she  WHS  the  Wednes/iiiy   before  (which 
St.  Igiiatius's  day)  with  liim  a  Utile  way 
of  town, 

C,  J,  And  that  it  vrns  Saturttay  after  he 
it  uf  town  ;  and  she  efives  the  rf-ason^  that 
«nterpd  ipto  a  discourse  with   hitn,  why 
Iwould  ^o  oil  Saturday  ;    And  he  made  ihat 

er  whieh  you  hear. 
\ixsu  WUhins.    Mr.  Oates  knows  what  day 
^lgtiatius*$  diiy  h  upon,  1  presume. 
I^^tf,  h  is  the  last  day  of  July  t  I  think. 
)L  Gen.    !n  our   Prtileslant  Almauacks,  tt 
lis,  we  give  another  hisliop  place. 
ti*  GcH,    Mrs.  irelaiid,  when  did  you  see 
affaiii  ? 
IreUntf.  Jtisl  a  fortnight  before  Michnel- 
and  not  bethre. 
L  C.  J.  You  were  his  near  relation^  1  sup- 

IreUnd.  Ycs^  my  lord,  I  was  his  niHtcr. 
C  J.  Provi  when  he  came  to  town  again, 
re  did  helodije? 
Ireland.     lie  used  to  lodg^e  at  the  same 
I  where  we  did  always  ;  and  in  the  mean 
,  while  he  was  absent,  my  mother  lent  one 
£fi^le«toti  his  lodg^in;^, 
X.  C  X  Is  thai  perH4m,  you  lent  his  chamber 
ill  hi»  absence,  here  ? 
Irtlanti.  No,  my  loriL 
C.  X  When  did'sbccDter  upon  hia  lodg* 

Irtland.  Truly,  my  hrd^  I  cannot  tell ; 
f  maid  fell  sick,  and  so  she  came  down  a  pair 
Itairs  Kiwer  into  liis  lod^in^.  It  was  in  a 
X  time  after  he  went  out  of  town,  my  lord, 
pi  reraemher, 

f  C»  J,  When  did  be  come  to  town  again  ^ 
you  say  ? 

Ireland.  He  came  to  town  sg'ain  a  fort- 
kht  betbre  31ichaelmas ;  it  wn^  that  day  foit- 
|ht  betitre  Michaelmas,  that  Michaelmaif- 
fell  on-- 
C.  J.  flare  you  any  questions  to  ask  her, 
.Oale*? 

%i€t.  My  b>i*d,  I  desire  to  know,  why  ahe 
1  not  tfivc  this  evidence  before  i"  Or  whether 
she  did  give  this  evidence  at  any  of  the 

I,  Ireland,     Yes,  I  was  at  mv   brolher*a 
\  ;  and  there  I  g^ve  the  same  eridence, 
Joiei.    Were  you  there  at  the  trial  of  the 
i  JesuiiAF    And  did  you  give  the  same  evi- 
nce tbt-ii  ? 

1 1  eland.  No,  I  was  not  culled. 
I.  C*  J,  But  were  you  tlicrt:  ? 

Irdand.    I  was  in  the  court  at  the  same 
pe^  but  was  not  examined. 

uten.    What  year  is  it  you  speak  of,  thai 
I  went  out  of  town  the  3d  of  August  ? 

Irtlnnd.  The  year  1 678. 
jQtt4*  I  desire,  my  lord,  to  ask  this  geutte- 
nan,  what  reUpoo  fihe  is  of? 

IrtUnd,     I  am  a  llonian  Catholic,  ray 

wOfttet.  f  desire  to  know,  ^etber  htc  name 

^  Ireland  or  Iroumonger? 


A,  Ireland.  My  right  name  is  Ironmonger; 
but  becaupe  of  fiis  pn>fe5sion,  he  wpiU  by  th« 
name  of  Irelaud;  and  for  his  »ake  we  go  by 
that  name  too, 

OuUi.  By  what  name  did  you  give  avideii«it 
at  IreluodVVialf 

A,  Ireland.  By  that  name  of  Ireland. 

L,  €,  J.  Why,  Mr.  ilales,  that  is  a  good 
name  enough  to  be  called  by ;  you  may  re- 
member, you  were  called  Titus  Ambrosius,  au^ 
Samp^oti  Lucy,  at  Si.  Omers. 

Au,  Gtn.  Swear  Mrs.  Eleanor  Ireland. 

[Which  was  4&ne.] 

Alt.  GcH,  Wbeu  did  your  son  go  out  of 
town? 

Mrs.  El,  Ireland,  The  Sd  of  August. 

SoL  Gen,   Are  you  sure  it  was  the  3d  of  ' 
Auq[U!it  ? — El  Ireltind,  Yes,  I  am  sure  it  was. 

^L  Gen.  What  year  was  itf 

EL  Ireland,  My 'memory  is  not  good  enougli 
fur  that  i  1  cannot  tell  what  year,  my  daughter 
can. 

SoL  Gen,  Was  it  the  same  year  he  was  tried 
afterwards  ? 

El,  IrrUmd,  Yes,  it  was  the  same  summer; 
at  Michaehiias  after  he  was  taken  np. 

Sot.  Gen,  What  time  did  he  return  again  out 
of  the  country  ? 

El.  Ireland,  The  14lh  of  September  after. 

Outct,  My  lord,  I  would  ask  her,  whether  or  < 
no  she  £fave  this  evidence  at  her  son^s  trial  f 

EL  Ireland,  Yes,  I  was  a  witness  there ;  bnt 
they  would  not  permit  me  to  speak  half  s« 
much  i  they  would  hardly  let  me  speak  at  all, 

ihtfts.  I  ilestre  to  know,  whether  she  was  an. 
eviilence  at  the  five  Jesuits  trials  ? 

EL  Ireland    No,  I  was  not  there  then » 

Att,  Gen,  Pray  svvcar  Mrs.  Duddlc,  and 
Mrs.  Quino.  [>V||i€h  was  done.} 

SqL  Ocn,  Come,  Mm,  Dudille,  do  you  re- 
member when  Mr.  Ireland  went  out  of  town  Im 
thovciir16T8? 

IVfrs.  Duddk.  To  the  bi?st  of  my  rernem*- 
brance  it  was  the  3d  of  August. 

SoL  Ocn,  W^hy  do  you  think  it  was  the  3d  of  I 
August  ? 

Duddle.  He  went  for  a  recreation  out  of  1 
town  three  days  before,  which  was  ujK»n  an 
holiday,  8t.  lgnatiu*i's  day  ;  and  he  went  out  < 
of  town  one  night  then,  and  he  C4ime  and  staid  i 
hut  two  nights  after ;  and  went  out  of  towq  , 
upoii  lilt'  ?>ai!ird!iy, 

L,  V.  J,  Did  lie  stay  out  of  town  one  Tiight? 

Duddle,  Yes,  he  staid  out  of  town  all  night. 

L.  C.  X  Are  ytiu  sure  he  staid  there  all 
night?  » 

Dvddle.  I  am  sure  he  staid  but  one  liiglit. 

L.  C.  J.  But  what  say  you  to  that,  Mr. 
Altoniey  P  this  witness  contradicts  the  other? 

JuM.  Wit  hint.  Ay^  plainly. 

Duddle,  Mrs.  Ireland,  and  Mrs.  Anne  Ire* ^ 
land,  and  he  went  out  upon  a  recreation  out  ( 
town,  it  being  hoH<hy ;    and  I   rem«»fTiber  well^a 
that%iraiof  «   \A  '  -    urdayj 

hewenta**av>  i  f*>rt- 

Qlght  before  IMk  ii  iflmrm, 


L,  C.  J.   But  mmd  mv 


HQMi. 


IS47]  STATE  TRIALS,  l  Jahbs  H.  l685.-^TrUff  Tttas  <Mef,         [KNS 


Duddle.  Yes,  my  lord. 
L,  C.  J.  DU\  lie  come  home  tluijt  night  he 
went  on  the  recreation  ? 

Duddle,  I  do  not  know. 

X.  C  J.  But  jutit  now,  yon  swore  he  staid 
out  all  night. — Duddle.  No,  my  lord. 

L^C.f.  Yes,  but  von  did  though  ;  prithee 
mind  what  thou  art  about. 

Duddle.  I  do  not  say  he,  but  I  am  sore  his 
lister  and  the  company  staid  out  that  night.  I 
remember  very  well,  he  went  the  tlurd  day 
after,  which  was  Saturday.  And  Mr.  Jennison 
cam%  to  ask  him  for  three  weeks  after ;  and 
there  was  a  person  of  quality  with  him  in  the 
€»ach,  I  think  it  was  sir  Miles  Wharton.  And 
he  asking  fbr  him,  tliey  save  him  an  account, 
that  they  had  not  heard  from  him  since  he 
went ;  which  vnia  then  three  vfeekA  after  he 
was  gone.  A  jd  I  remember  well,  be  did  not 
come  to  town  again  till  a  fortnight  before  Mi- 
chaelmas. 

L.C.J.  How  can  you  tell  that? 

DuddU.  My  lord,  I  can  tell  it  very  well : 
€k  ]  was  almost  every  night  in  the  room 
where  he  used  to  lie ;  and  th^re  lay  a  gentle- 
woman there  that  I  knew. 

jL  C.  J.  What  was  her  name  ? 

Duddle,  Mrs.  Eagleston. 

L.  C.  /.  How  came  she  to  Ke  there  ? 

Duddle.  Her  maid  fell  fiick,  and  she  changed 
her  own  chamber,  and  lay  there  ail  the  time  be 
waf  out  of  to«vn. 

Oatet,  My  loi'd,  is  this  good  evidence  ? 

L.  C.  J.  Ay,  why  not  ? 

Omtes,  My  lord,  f  think  she  contradicts  the 
other  witness :  for  she  says  he  lay  out  two 
niglits. 

L.  C  J.  No,  there  you  are  mistaken  too. 
But  I  tell  you  what  1  did  observe  before.  Mrs. 
Anne  Ireland  swore,  that  tbey  did  stay  ail 
night ;  but  Mr.  irelaod  refused  to  stay  tliere, 
but  would  go  home,  because  he  was  to  go  his 
jouniey  on  Saturday.  Tben  this  woman  comes, 
and  sli'c  said  at  first,  that  be  went  out  of  town 
on  the  Wednesday,  and  staid  out  all  night,  and 
lay  at  home  but  two  nights,  and  tlien  went 
a\^ay  But  now,  when  1  put  her  in  mind  to 
take*  care  what  she  Miid,slic  swears,  she  is  sure 
the  sister  lay  ovit,  but  she  is  not  sure  of  Ire 
land's  lying  out :  but  she  is  positive  be  went 
away  on  Saturday  the  3d  of  August,  and  re- 
turne<l  not  till  a  furtnii^ht  U'fore  Michaelmas. 

Outts.  >I\  lord,  1  humbly  conceive,  she 
having  oncesworu  false — 

L.  C.  J,  Ay,  but  she  iaime<Hately  recollected 
herself. 

Outei.  By  ^bat  token  does  sbe  remember 
it  to  be  the  3d  of  August  ? 

JL  C.  J.  Slie  said  licfon\  it  was  the  Saturday 
after  St.  I«ruatius'8  day,  whirh  was  on  a  Wed"- 
nesday,  the  h»t  day  of  July  ;  and  he  went  then 
out  ef  town.  Siie  called  il  by  the  name  of 
Recreation. 

Oatet.  Was  ii  the  Saturday  after  St  Igua- 
tios's  day  ? 

Duddle.  Yes,  it  was :  and  1  had  not 
4er«d  ity  biU  that  it  was  upon  that  holiday, 
3 


thu$.  ThiiisaBoiiiuiCatholiCylauppQBe, 
my  lord. 

L.  C.  J^   I  cannot  t^    What  religisDsrs 
yon  of? 

Duddle.  lam  a  Roman  Catholic,  my  M. 
Mr.  Jenison  knows  what  I  say  to  be  tme. 

Oates.  Were  you  a  witoeaa  in  any  ef  ths 
trials  at  the  Old-Bailey  ? 

Duddle.  1  was  in  'the  court,  but  was  Ml 
called. 

Sol.  Gen.    Wliat  say  you,  Mrs.  Qiaimf 
when  did  Mr.  Ireland  go  out  cH"  town  ? 

Mrs.  Quino.  I  must  say  the  same;  itwai 
the  3d  dav  of  August,  oo  a  Satarday. 

L.  Cf  J.  How  do  you  know  that  it  was  so  t 
Saturday  the  3d  of  August  ? 

Quino.  By  the  same  reason  that  sbe  spcsb^ 
I  marked  that  other  day  he  went  out  of  tovis 
and  he  came  again,  and  his  mother  staid  ibot 
that  night :  and  he  went  oo  Saturday  uiwwf 
out  of  town.  I  know  it  very  w«4i ;  6r  ay 
husband  was  his  taylor,  and  he  had  sooMrtil 
to  alter  in  his  clothes ;  and  I  brought  it  iaa^ 
diately  after  it  was  done. 

JL  C.  /.  Are  you  sure  he  went  out  af  isn 
tliat  day  P 

Quino.  He  went  out  of  the  hooae,  and  ail 
take  it,  went  out  oif  town. 

L.  C.  J.  Did  he  say  be  was  to  go  wt  «f 
town  ? 

Quimo.  Uehad  his  boots  oo;  and  took  bom 
at  the  BulMnnin  Drary-Lane. 

L.C.  J.  How  do  you  know  it  f 

Quino.  Because  bis  servant  that  was  fkat 
has  testified  it. 

Att.  Gen.  Now  swear  my  lord  AMs. 
[Which  was  done.]  We  will  bring  IreW 
now  upon  the  3rd  of  August  at  nigbt,  to  ni; 
lord  Aslon's  house  at  Staoden. 

Sol.  Gen.  l^y  will  your  lordship  gire  nv 
lord  and  the  jury  an  account,  when  iilr.  irfr 
land  came  to  your  bouse,  aud  how  far  he  tn« 
veiled  with  you  afterward  ? 

Lord  Asian.  My  lord,  beiu«f  iu  town,  I  vii 
spoke  to,  and  desired  that  Mr.  Irebind  niukt 
have  tlie  opportunity  of  going  in  my  ciMupUT 
down  into  Statfurdshire  ;  nbicli  1  coawutti 
to.  J  went  out  of  town,  as  I -i  enieuiber.  tiif 
latter  end  of  July  167U,  aud  this  ^itut  Mr. 
Ireland  came  U^  me  at  my  house  iu  Htrtfurd* 
shn*e,  at  Standcu,  upou  the  3rd  of  .iugiut,  *t 
night. 

L.  C.  J.  What  day  of  the  week  was  thii, 
my  lord  ? 

Lord  Aston.  As  I  remember,  it  was  Satur- 
day, and  in  tlie  evening. 

L.  C.  J.  How  long  did  be  ^tay  with  voir 
lonlship  ? 

Lord  AtUm.  My  lord,  I  staid  till  MoodayH 
Stand  en  ;  an«l  upon  Monday  he  went  iniu  nf 
coiiipan}  to  St.  Albans,  which  was  the  ptb  > 
August. 

Aft.Gn.  Wbitlierthendidyougo^mrla'df 

lAtniA^fon.  There  I  met  \iuh  luy  imS^ 
and  sister  Siuthcoat. 

L.  C.  J.  ISir  John  Southcoat  you  aaM.  bJ 
lord. 


STATE  TRIALS,  1  James  II.  i685.--/of  Pajury^ 


nsso 


dtton.  Y«,  my'  ionl.    AmA  thcDoe^  in 
s  we  ivent  to  my  house  at  Tixliall. 
J.  Did  Mr.  Ireland  tr»\'el  ivith  }*ou  all 
f 

iston.  I  cannot  charge  my  memory, 
t  that  he  did,  so  as  particniarly  to 
:  but  there  he  came  into  my  company 
es  at  Tixhaii ;  but  I  cannot  tell  the 
r  days :  nor  could  I  sneak  positively 
thin|;rs  that  I  have  spoke  to  now,  but 
td  in  my  Note-book,  that  at  that  time 
srae  to  my  iiouse  at  Standen,  and  did 
me  to  8l  Albans. 

Sen.  Pray,  my  lord,  did  he  go  that 
to  Tixhall  along  with  you  f 
Asion,  I  cannot  eay  positively  that, 
rney  ;  but  I   have  a  general  notion 
lid.    Nor.  conld  I  testify  thw  so  poai- 

■ay,  but  by  notea  that  1  have  of 
.  that  time :  where  I  have  only  writ 
se  things  concerning  Air.  Ireland,  and 
ame  tl^  Srd  of  Angunt  to  my  house 
?n :  that  on  Monday  we  went  together 
lans;  nml  there  met  us  sir  John  Huutli- 

my  Kikter  his  wife ;  and  thence  1  went 
Jl ;  and  there  I  arrived  the  8th  of  Au- 
ich  was  Thursday. 

L  My  lord,  I  ask  you  this  question; 
you  have  a  general  apprehension  that 
>  with  you  to  llxhall :  pray,  did  he 
h  you  to  Htanden  for  tliat  purpose,  to 
foa  to  Tixhatl  f 

ision.  f  had  no  bnsiness  with  him  at 
lie  desired  the  opportunity  to  go  down 
m|>any  into  ikanordshire. 
T,  Pray,  my  lord,  do  you  rsmember 
him  within  ftiur  or  five  days  after  at 

iiton.  To  name  particular  days,  I 
but  that  I  saw  him  several  days  at 
I  am  sure. 

My  lord,    yon   ny  that  sir  John 
t  went  with  vou  to  Tixhall  ? 
iston.  Yes,  he  did  ao. 
My  kird,  1  would  ask  this  noUemao, 
be  viras  at  the  trial  of  ttie  Five  JetfuitsP 
ial  of  Ireland  ? 

itton.  No,  my  lord,  I  was  not. 
Then  I  woulid  ask  my  lord,  if  he  saw 
ind  executed  ? 
Uian.  No,  1  did  not. 
Then  I  would  ask  him  this  question ; 
the  Ireland  that  was  executed  be  the 
land  he  speaks  of? 

Uton,  Aiiioiifrst  tliose  that  knew  him 
ftve  been  told  it  was  the  same. 
That  is  but  hoar-say,  riiy  k>rd  ;  he 
Bpeak  of  hi8  own  kuo'wictlii^c. 
r.  For  that  matter,  I  suppose  you  will 
lome  other  Ireland,  Mr.  (.'ales,  if  it 
he  same. 

kn.  Was  it  this  Mrs.  Ireland's  brother 
here  a  witness  now  ? 
dtion.   He  was  so  reputed,  and  so 

MB. 

X  Thai  is  all  one.  If  any  body 
ik  «e,  if  you  wen  the  Mme  Mr*  Oates 


that  was  at  St.  Onaers  ;  I  should  say,  I  bear4 
ao ;  and  it  would  be  verj  good  evidence,  nnlesff 
some  one  else  were  produced. 

OaUt.  My  lord,  1  submit ;  I  will  be  directed 
by  the  court  in  any  thing  that  is  fair  and  not 
iiijfirioiis  to  my  de'tence. 

L,  C.  J.  We  will  not  direct  you  in  any  thing 
that  is  ftml ;  but  pray  keep  to  those  questions 
that  are  pertinent. 

Gates.  Are  you  sura  Ireland  went  the  wholo 
journey  with  you,  my  lord  ? 

Lord  Atton,  1  did  answer  that ;  I  have  hoi 
a  general  notion  of  it,  he  came  to  me  for  that 
purpose. 

Oiii/».  Then  my  lord  is  not  positive  he  went 
with  him  into  Staribrdshire. 

JL  C  J,  No,  he  is  not ;  but  I  would  ask  yoa 
this  question,  my  lord  Aston,  do  you  believe  h4 
went  with  you  to  Tixhall  P 

Lord  AstM,  1  make  no  doubt  of  it^  I  wouM 
pawn  all  I  have  in  the  tvorM  npoa  it ;  only  I 
cannot  swear  it,  because  I  have  it  not  in  my 
notes,  as  I  have  those  two  other  days. 

Just.  WiihiHM,  Do  you  like  him  the  wsrse^ 
because  he  is  cautious,  Mr.  Onles  f 

Oaia,  No,  Sir,  I  do  not.  Hut  pray,  nny 
lord,  ask  him,  because  it  is  a  question  her« 
about  a  point  of  time ;  whether  he  rsmemhersi 
that  within  eight  or  ten  days  be  saw  Ireland  at 
Tixhall  r 

Lord  Alton,  I  cannot  say  any  thing  as  ts 
that. 

Att.  Gen.  Swear  sir  £dw.  Southooat  [Which 
was  done.] 

L,.C.J.  I  thought  yon  had  called  him  sir 
John  Southcoat. 

Att.  Gen.  8ir  John  is  sick,  ami  caaiiot  be 
here. 

Oatcs.  I  suppose  my  lord  Aston  is  a  Rsmstt 
Catholic  ? 

L.  C.  /.  Ay,  that  all  the  werld  knows  very 
well :  but  I  tell  yoa  what,  Mr.  Gates,  I  ob- 
serve  he  is  not  so  easy  in  giving  his  oath ;  nay» 
he  is  wonderful  cautious  m  swearing :  I  speak 
it  for  his  commendation,  not  as  hiswult,  he  is 
not  very  forward  at  swearing. 

Just.  WUhim.  Well,  what  do  you  ask  thi 
gentleman,  Mr.  Attorney  ? 

Att,  Gen.  We  desire  sir  Edward  Southcoat 
would  give  an  account,  whether  he  met  Ur. 
Irelandat  my  lord  Aston's  f  And  when  f 

Sir  Edw.  Swithcoat.  I  was  with  my  k)rd 
Aston  in  his  company. 

L.  C.  J.  When  was  that,  Sir? 

Sir  £.  SouthcMt.  The  4tb  of  August  I  saw 
Mr.  Iroand  at  my  lord  Aston's. 

L.  C.  J.  Was  it  the  same  Ireland  that  was 
afterwards  tried  and  executed  ? 

Sir  E,  StnUkcoat,  It  was  tlic  same  Ireland 
that  was  commonly  reported ;  I  did  not  see 
him  executed. - 

Att,  Gen,  Was  it  the  same  that  wail  reputed 
to  be  this  old  gentlewoman's  son  f 

Sir  E,  &mthcvat.  Yen,  it  was. 

L.  C,  J.  Pray>  Sir,  go  on  with  your  cvi- 
denee. 

Sir  E.  SoHihcoat.  Upoa  Monday  w«  begaft 
4L 


125!] 


STATE  TRIALS,  1  Jambs  H,  l6%5.^THal  0/  ruui  (ktt^, 


OMt  jonroey  to  TUWl^  and  went  that  uig^ht  to 
8t.  Allians,  where  we  met  my  fatlier  and 
mothertaQti  ilieuce  we  continued  on  oar  jour- 
ney tiie  next  day. 

i.  C.  J.  Was  he  wiih  you  there  tlwt  day 
you  went  lo  8t,  Alhan-s  ? 

hlv  E,  Sout/tcikil.  He  was  with  us,  I  re- 
lueiwlier  very  particularly.  It  was  hot  weather^ 
und  my  \ort\  Aston  invited  him  into  the  coach  ; 
Ibr  be*iife  he  was  riding  by  tiie  coach  aide,  and 
there  [  retneniber  a  |>arti€u1ar  disoouree  that 
he  and  my  lord  A^ou  had  ;  from  thetic«  we 
went  on  to*  Northampton,  and  came  there  Tues- 
Jay  nigfht. 

L.  V,  J/  AVaa  Ireland  with  you  there  ? 

Str  E,  Southcoat.  Ireland  waa  with  us  there. 

Oaies.  My  lord,  I  did  not  well  oh8«±rve  what 
llii^  gentleman  aaid. 

L.  C.  J.  Pray  mind  your  businesa  yourself, 
be  speaks  plain  enoujjfh  ;  jr©  on,  Sir. 

Sir  E.  S<mthcoat,  Rlr  irelaud  was  with  ua, 
J  aay,  my  lord,  all  the  joumpy  ;  and  i  do  re- 
meniher  it  partictdariy  by  a  pretty  horse  Mr* 
Ireland  rode  upon  ;  and  I  had  a  dispute  with 
Hiy  cousin,  who  shouid  buy  him  :  I  took  par- 
lie  tdar  notice  every  day  ot' him,  as  he  rode  by 
the  coach,  and  converseil  with  him  every  night 
m  the  inn-  We  went,  I  say,  fiom  Hi,  Albans 
to  Northampton  on  the  Tuesday  ;  from  North- 
ampton we  went  to  Coventry  »jn  the  We^lues- 
clay,  and  from  thence  to  mv  lord  Aston ^s,  at 
Tiiball,  on  the  Thursday, 

JL  C,  J,  Come,  let  in»  go  by  dcgi'ecs.  Wui» 
Mr.  Ireland  with  you,  nhen  you  went  from 
my  lord  Aston^s  at  Standen  to  Hu  Albans  P 

Hir  E.  Si7uthcoai,  Yes,  he  %v:i5, 

L.  C.  X  You  say  it  wus  a  hot  day  when 
you  fet  out ;  and  my  lord  Aston  did  invite  him 
into  the  coach. 

Hit'  E.  Sou thcpat.  Yt\<,  my  lord,  he  came 
into  the  coach  on  Mtimlay^  which  was  the  first 
^Bv  we  set  out,  and  came  that  uigUt  to  8t. 
Albans. 

L.  C,  J.  You  lay  tliere  that  night  ^ 

Sir  £,  Southcoat.  Yea,  my  lord, 

X.  C.  J-  Where  did  you  he  tbejre  ? 

Sir  £.  Smtthcoat,  At  the  great  inn,  at  the 
0ulK 

X.  C.  J.  Ay,  that  ia  the  great  inn. 

8rr  JEI.  Southcoat.  The  next  night,  my  loiil^ 
we  came  to  Xorthamploii, 

X,  C,  X  Whete  did  you  lie  there  f 

Sir  E.  Soulhcuat.  W^  lay  at  the  sign  of  the 
George;  it  was  sir  WiUtam  Farmer ^i  house, 
liut  made  use  oi*  for  an  Inn,  because  the  town 
was  burnt  down* 

X.  C.  X  Was  Mr.  Ireland  with  you  all  that 
day  ? 

C!Mr  £.  Southcoat.  He  rode  with  us  all  the  day. 

X.  C*  X  And  you  took  notice  of  It^  because 
of  his  horse  you  say  ? 

Hit  E,  Suutficoat.  Yes,  he  had  a  very  pretty 
liorae,  my  lord  ;  and  ray  brother  bought  the 
horse  f  if  him  after  we  came  hack  again. 

X.  C  J.  W  hither  wt»nt  ye  the  next  day  f 

Hir  il  Southcoat.  The  next  night  we  lay  at 
the  Bull  in   Coventry,  and  from  tbwoe  ou 


Thuradav,  we  arrived  it  my  M  J 
Tixhall/ 

An.  G§n,  My  loni,  the  jury  1I 
what  he  says  ?  For  tbei?  have  not  I 

X,aX  Heaavs,  Sir.  IMind  w^^* 
my  lord  Aston  in  the  coach,  it  biiiig  t  ^^ 
on  Monday  the  Mh  of  Auguit  mm  »  J 
oir  lord  Aston's  house  in  flertfcrdihir^^ 
AH»ans,and  lay  ihere  at  the  Bull  inn  tb^ 
That  he  went  the  next  day,  whicb  w**^ 
day  the  6th  of  Aogiist,  with  them 
thamplon ;  that  he  rode  upon  a  ytttt^ 
which  makes  him  remember  it  poc 
and  that  there  waa  a  dispute  m%  1 
who  should  buy  him  ;  and  wbeul 
back,  his  brother  houglit  him.  H«  ; 
lay  on  Tuesday  night  at  No 
the     George    which      vi'aa     a 

house^  which   was  turned  into 

cause  of  the  fire :    That  he  went  ^i£ 
the  next  day  to  Coventry,  wbicli  was 
ncsdav  the  7  th  of  August,  and  lay  1 
that  night  at  the  BulTni  Co-—* — 
next  day,  which  was  Thur 
came,  and  Ireland  with  them« 
tun's  house  at  Ttxhall,  in  Sta 

Aif.    Gen,     Pray  sir 
how  lung  did  he  stay  with  yotii 
my  lord  Aslon's? 

'Sir  X'.  Sinithcoai,  He  staid  witU  us  fl 
the  Tuesday  alter  ;  aad  then  we  Nfl 
ioiirn«^y  from  my  lord  .\stou*&  hoiisei  ial 
mto  Wales,  to  8t.  Winifr^'a  Well. 

L.  a  X  Tliat  is  Eloly-we 

8ir  E,  Soutkcoai.  Ye^  my  I 

X  C*  X  You  say  he  staij  ti 
day,  Sunday,  Monday,  and  till  Td 
yon  came  to  my  lord  Aston's  at  Til 

Sir  E.  Sottthcoat,  Yes,  imr  lord,  Iw^ 

Ai(.  Otn.  80  then,  my  Catid,  we  wm 
to  Tuesulny  the  I3th  of  Augiist,  wbid 
the  time  of  the  pcrjnrj^  ilt^  m  laid  en 
the  Indictment  ;  but  ui  point  ctf  Um^ 
lirst  thut  happened,  for  he  swore  thai 
took  his  leave  of  him,  and  others  beEeJ 
between  the 8th  and  r^Ui  of  Au^aatf  < 

SoL  GcH*  Where  did  von  ^  011  T 
Sir  ?-^Sir  E,  Simthcmt,  'Toward*  Wal 

Mr.  Janes.   Was  heat  Tixhall 
August  ? 

X.  C.  X  He  says,  he  was  till  * 
1 3th .     Fray  \tA  us' not  have  the  1 
repealed  over  and  over  again. 

Snl.  Gen.  Where  did  you  g« 
night  ? 

Sir  X\  Sattthcoat.    We  weot  y»i 
and  lav  at  the  Ho!v-Lamb  there. 

L.C.j'  vuuihei 

Sir  E.  uextday  wei 

lo!4t  Winilreas  *>elK 

X  ,C.  X  Wher^did  you  lie  tliera  ? 

Bir  X.  SoutkcoaL  At  the  Hiar,  whkl 
great  inn  tliete. 

L.C.J.  It  is  so. 

Au.  Gen*  WasMr.  IrekudHtCfWi 

Hk  E,  Southcoat,  Yei,liew«i. 

Ati,  Gen.  Whither  dii  je  go  tbeaf 


rd»  Wal 

all  j^ 

rs  am  1 

nS9 


S'^  S€mihcoiit,  W**  ^l^iij  not  btil  one  Jay 
'  —  "%^«ll  'f  for  w^  arrived  there  pretty  late 
:u»  ajid  aU  die  moi  niiig-  we  i>9|H.*nt  there, 
ht.  AH  ay  in  tUe  mtlernoou,  mul  cam« 
ftin^  to  C Lester »  aud  hiy  there  only  one 
^  ^*.  n^  came  the  next  dmy  to  Tixball  again . 
^^^^  '^^~cw%.   Which  wiu  l^'ridav  the  16th    nl 

"^^^"^***  Pniy,  my  lord,  be  pleaded  to  ask 

►^^^^^^c-ther  thk  gentleman,   Mr,  Ireland, 

-^^    t.UeinaUthe  while,  in  thisjouruev  to 


Every  day  particukrly 
L    **^fc^r  it  y^T"^  perfectly. 


tefj 


you 


I 


«rj«.    Ailer  he  came  to  Tijchall  again, 

did  he  tarry  there  t 

-  Sumthamt,  Thai  I  cartuot  so  well  say. 

^***«njber  truly,  but  he  was  atlerwaifts  at 

^1^^  Aston's  at  TLxhah,  1  renieinher  some 

^^K  *^>5  ;  ^^^  1  cannot  fix  upon  only 

-^C,  J.  Which  are  they? 

^^  -^'^  ^!«*Acotf£,  1   caujiottcU  what  day  of 

w^tSiiinth  it  was,  or   what  day  of  the  week  ; 

*J**  one  day  that  I  renierobw  him  there,  w  as 

^"f  <-Uit?iwind's  race  with  sir  Henry  Goutth  : 

^'^■*i.  other  day. 

/,  When  was  that  horse-race  ? 
^-.i  JL,  SoHthtLKtt.    My  lurd,   I  caonot 
what  day  of  the  month  it  was. 

AiL  iren.    >Vhen   was  the  other  time 
%pnJc  off 

Sir  R,  Southcout,    I  remember  him  there 
le  Thursday  upon  the  Howlini^  Green  at  Tix- 
ill,   wJiere  there  was  a  particular  comfiaDy. 
Sol,  Gun,  My  loni,  we  desire  to  Luow,  when 
im  brother  did  btiy  ihe  horse  of  Mr,  Ireland? 
H*r  E.  Southcout.  When  we  catne  back ;  for 
t-niue  home  with  us  irom  my  lord   Alton's, 
iW*:  an  our  journey^  tiie  9th  or  10th   of 
;  or,  from   Tixhah   to  Kingston  ;    and 
»e  arrived  at  my  father's  house,  my  bro- 
hooght  the  huri^e  of  him. 
.  C\  X  Did  you  come   home  hack  again 
nvith  Mr.  Irelaudf  do  you  say  ? 

fc^ir  X*.  SQUthcout,  Yf  s,  my  lord,  we  did, 
M,  C.  J*  When  did  you  set  nut  fmm  Tivhall  ? 
Sir  M*  SmtthcuuL    The    tfth  of  September, 
IBD  V  lord,  1  thmk  it  was  ;  I  am  sure  it  was  iijion 
^  Monday,  the  9th  or  lOtli. 
•     Xt  C.  J.  When  did  you  come  home  ? 

Sir  £*  Svuihcoat,  We  were  four  days  on  our 
journey. 

I^  C,  J.  And  did  you  come  straight  to  Lou- 
doo  / 

Sir  J).  Sifuihcoat.    No,  we  went  to  my  fa- 
llier'f  house  in  Surrey. 

X.  C,  J.  Which  way  did  you  come  ? 
Sir  £.  Southcoai,  'the  first  oight  we  came 
10  the  Bull  in  Coventry  ;  and  from  thence, 
U>e  next  lught,  we  went  to  the  Aliar*8ione  at 
Banbttiyt  and  trom  Han  bury,  we  came  the 
tliird  day  to  Agmoudesham  (I  think,  it  ia  call* 
0d)  a  fittle  town  in  Buckinghauuiihire  ;  and 
f9om  thence  the  fourth  day,  to  my  father's 
facmiae,  by  Kingston  in  ISurrey. 

Au,  Otn.  Aod  then  Ircbud  sold  im  brother 


[IS54 

L.  C.  X  How  long  was  be  at  your  fathei  'f 
house  in  >*urrey,  sir  Edward  ? 

8ir  E.  Sonlhcikit.  My  lord,  we  came  on  hm 
Thursday  ;  and  as  I  take  it,  he  weui  on  the 
.Sat  II  nla V  to  London .  My  brt*tl  jer,  afte  r  he  h  ad 
bouj^ht  \m  hnrtje,  lent  him  tlie  horse  to  town  ; 
and  sent  a  man  with  him  to  bring  it  back 
again.  i 

An.  Gen,  That  Saturday,  my  lord,  makes 
it  come  just  to  tbe  Mth  nt  September  :  and  if 
the  very  day  fortnight  before  Michaelmas -day. 

Oatu.  My  lord,  I  desire  to  -^k  ihjs  gentle- 
man, whether  he  saw  Ireland  ull  AngvisC,  and 
till  the  I4lti  of  ??ieptember  in  Siarfordsihire, 
and  ebe>^here?  And  how  long  in  8tallord« 
shire? 

Sir  E,  Stmthcoiit,  I  cannot  say  as  to  any 
particular  days  of  the  months,  alter  our  cotiiintf 
from  Holy-Well,  till  our  coming  from  Tixball 
to  London. 

/*.  C\  J.  Marry,  if  he  did,  he  would  contra- 
dict what  he  h^  said  befon^:  for,  fmin  the 
time  ofconr»ing  from  Hol\  -Well,  tii  ihetiuie  of 
coming  back  to  Londou,  be  vould  tc*u  Out  o| 
two  days,  and  those  uncertain  :  fi»r  hi  rt^nu^i* 
bei-snot  by  the  limes,  but  by  oiliir  ,>»riicuUr 
circumstances.  i 

Out  14,  Pray,  my  lord,  be  jdeased  U  ask  liim 
this  question,  *vhen  was  the  tirsl  day  he  saw 
liim  m  HeplembtT  ? 

Sir  i\  Sinithcout.  Truly,  my  lord,  I  remetu- 
bcr  not  any  day  before  «  c  began  our  journey 
borne. 

Att,  Gen,  But,  my  lord,  Utt^  js  his  leiiti- 
moiiy :  he  was  in  his  company  wl  the  ICitii  of 
August  It  is  true,  there  were  other  times 
that  he  saw  him  at  T)xh«tll  ;  but  he  i*aimot 
particularly  speak  unto  them  i  but,  l»j  and  by, 
we  shall  go  on  to  every  day,  and  prove  par- 
l ic  1 1  larly  vvliere  he  was . 

Oatt's,  My  lorii,  i  desire  to  know,  w its  sir 
Eilw.  South  coat  at  the  tri^d  of  Ireland  a  witness 
or  no  ? 

Sir  E.  Southcoat,  No,  I  was  not,  my  lord. 

Oatcs»  VVere  you  at  Whitebread's  Trial, 
Sir? 

8ir  E.  Southctkit,  Yes,  i  was,  and  gate  thm 
same  evidem  e  1  give  now. 

SoL  Uen.  Then  swear  Mr.  Johu  Soutbcoat. 
[Which  was  done.] 

JtL  Gen,  This  is  ahr  Edward  Southcoat'i  ^ 
brother,  my  lord, 

L.  L\  J,  What,  he  that  bought  the  horse? 

Mr.  J,  Sauthcmt,  Yes,  my  lord,  1  bought 
the  horse  of  Mr.  Ireland. 

L,  C*  J.  Well,  what  do  you  ask  him  * 

An,  Gen.  Pray,  Sir,  when  did  you  meet 
Mr-  Ireland  iu  August  16?8?  and  wticrc. 

Mr.  X  Southcout,  My  lord,  I  met  with  Mr. 
Irelond,  upon  Monday  the  5th  of  August,  iiithe 
Bull-inn  in  St.  Albans,  with  my  loid  Aston  ;  f 
came  thither  that  day  with  my  rather  and  mo- 
ther. And  the  next  day  we  went  to  Norlhaiup» 
ton  ;  aud  there  we  inn*d  atthesign  oftheCieorge, 
sir  Wdliam  Farmer's  house,  which  is  au  house 
in  the  road,  usetl  for  an  inn  since  the  town  was 
burnt;  and  1  conversed  with  hjtn  every  dayi  io 


J 


1255]  STATE  TRIALS,  1  Jambs  II.  IfiSS^TrM/i/TIto  CMet,         [VBH 


onr  journey.  And  from  thence,  the  next  day 
we  went  to  Coventry,  to  the  Biill-lnn 
tliere  ;  unit  from  thence  to  mv  lord  A«ton*s(on 
TInirsiliiy  nijiht)  at  'V\y.\.\i\\ :  'there  we  staid  all 
Fr'M!a\ ,  Satnnlay ,  Sunday,  and  Monflay.  Mr. 
IrcianJ  u'ns  thr:\  ;  I  was  with  him  all  the 
irhilf.  And  then  njion  Tuesday  we  set  out  for 
Holy -Wei!  in  Flintshire,  and  went  that  nigfht 
to  $iantwich,  to  the  Lamb  there.  And  the 
next  day  we  went  through  Chfstcr  to  Holy- 
Well :  we  staid  that  ni^ht  at  Uoly-Well ;  and 
the  next  day  came  back  ajrain  towards  noon  to 
Chester ;  and  there  lay  tliat  nijsrht :  and  then 
llie  next  ni^it,  which  was  Friday,  wc  came 
back  asain  to  Tixhall. 

L.  L.  J.  Was  Mr.  Ireland  with  yon  both 
those  journeys,  all  the  while  ? 

J,  Suutficoat.  Yes,  mv  lord,  he  was;  I  did 
Bce  him,  and  rode  with  fiim  e*'ery  day. 

L.  C.  J.  Pray,  Sir,  how  long"  were  vou  at 
Tixhall,  af\tr  you  ranir  from  Iloly-Weft? 

J.  Sout/n'O'it,  Wo  staid  there  till  %ve  came 
awav  r<ir  »(it>d  aii'l  all. 

jL'.  C.  J.  Was  Mv.  Ireland  with  you  all  that 
time  ?— J.  S^niiu'uat,    No,  ht.' was  not. 

Ati.  (Scti.  Doyoii  rcimMiiljiT,  that  i\Ir.  Ire- 
land came  to  Jixhall  tlio  OJh  of  fe8cnteml>er ; 
and  came  alon^  huiiie  with  you  when  you 
came  ? 

J,  Soaihcoat,  Yes,  L  do  remember  it  very 
trcll. 

L.  C.  J.  What  day  did  you  come  home. 
Sir? 

J.  South  coat.  We  c;itrc  home  in  four  days. 

Sol.  Oc:i.  When  diM  liv*  lean?  you  ? 

J.  Si^uthi\Hit.  ^^\' 'crwAv hivnc  imon  Thursday 
and  he  wem  to  !.{»'i'!:ii;  m  S.4tiir<lay, 

L.  C  J.  IVr.y,  Sir  » .'ti  you  riToliect  when 
you  did  firtt  Jlijin  :.u:*.in;ii Tixhall,  at\cryou 
caiiw  ln-:ii  ll»,!\  -\\  rll "' 

J.  Nfi '/.'/'■.■  ^^' 31  y  lord,  1  cannot  tell  par- 
ticularly :i:^y  ilny.  \ili  tlio  day  uocanic  away. 

L.  ('.  J.  Wo  /on  rruiciiilKi  tii.r  lH)'se-inaich 
b(t\veo:i  !\lr.  C'liVtwiiidaml  sir  lltiiry  (toujjIj? 

J.  Souf/fcial.  I  \ias  there,  my  lord;  hut  I 
do  iii.t  n'iit(!>ibi  r  Mv.  Ireland  uas  there. 

J..  C.  J.  Ii«»\v  loi:;;-  did  he  slay  at  \our  fa- 
ther's houM'  111  Sun  \  ,  Sir? 

J.  SiH'fhivaf,  T\>d  slays,  my  lord. 

^W.  iiv/i.  Ynu  I. 'Ill  iiim  }uur  horse  you 
boutrht  ot  him,  I  think,  Sir  ? 

J.  Sci:f/iCi.(it.  \  cs.  Up  to  London,  I  did; 
and  I  sent  my  man  with  uini  to  brin<^  hiui  bark 
a^ain. 

^lif.  Ocn.  Ihis  Mr.  Oates  any  cpiestions  to 
ask  tliis  <rcnt!t'tiiaii  ? 

Outrs.  !\ly  lord,  I  dcsiiv  to  ask  Mr.  South- 
coat,  uhrthrr  or  no  he  is  sure,  th.it  IMand 
was  in  hi-i  t-oinpauy  iroui  the  6th  of  August  to 
tl«'  sixteenth  ? 

J.  Sonihcoiit.  Yes,  orry  day,  I  am  sure  of 
it ;  I  ri'niember  it  Ti»ry  w  ell. 

Oafrs.  IV.iy,  my  lord,  ask  him,  whether  or 
no  he  teslitied  this  that  he  now  swears  at  Ire- 
land's trial  :• 

J.  Southcoai,  My  lord,  I  was  not  at  Ireland's 
Trial.  ^        ' 


Oatet.  Then  I  desire  to  ask  Inm.irbiibcr 
or  no  he  did  testify  this  at  the  fire  JaiH 
Trial  ? 

J.  Sovthcoat,  No;  I  was  not  sent  for  to  aj 
of  the  trials. 

L.  C  J.  I  ^id  sorry  too  were  not,  Sr:  It 
was  pity  yon  were  not  tliere.  It  migfat  hivi 
saved  some  innocent  blood. 

Aft.  Oen,  Now  swear  Harrison.  [Wbkh 
was  done.] 

SoL  Gen,  Pray  will  yonnve  an  aooMl 
when  you  saw  Ireland  and  where  ? 

Har  riwn.  In  the  year  of  our  Lorf  W% 
my  master  sir  John  Bouthcaat,  wcntvhknf 
lady,  on  Monday  the  5th  of  Au^ns^  tsflt 
Albans ;  and  we  eame  with  a  eoach  and  ft* 
horses:  for  my  master  had  an  oUsom^ 
that  tiad  a  pair  of  horses,  which  my  OMfel 
made  use  of.  And  there  we  met  ny  M 
Aston,  in  the  company  of  Mr.  Ire-land.  M 
the  next  morning,  my  ford  Aston  went  witfaaf 
master  awd  laily  towards  TixhaM:  and  IfM 
by,  in  Mr.  Ireland's  company  ;  and  caBie» 
ijiniinled  with  him  tliat  day.  That  n^fi 
euiue  to  Northampton ;  and  thcn>  we  ivneit 
astone-huuse,  that  was  used  forlbeinc.tk 
town  bciny:  burnt  before,  llie  next  uijli!  ft 
wiMit  to  Coventry  ;  and  on  Thursday  ifteem 
toTixhdll:  thore  we  staid  till  Tuesday.  AAff 
we  went  to  Lloly-well ;  ami  the  Tifesdsj  tifl 
we  Jay  at  Nantwich  :  and  tbenve  ue  wcsin 
Holy-Well,  jmd  stsud  there  on  Wcdneidi| 
ni(>ht :  and  on  Thursday  we  came  to  Wol- 
(■liester;  and  I  purtoilwith  htm  upon  ikl 
FiHday  at  West-Cliester. 

Alt.  Gen.  Pray,  did  you  know  thb  Irdu^ 
Was  it  h(>  that  wfis  tried  and  exemted  ? 

Hurri*'>n.  I  was  at  l^lr.  Irelaml's  trial. 

L.  C.  J.  Was  it  the  same  luan  that  stt 
tried  ? 

Ilarrhnn.  My  lord,  I  saw  him  at  Im  trill, 
tlio  hair  of  his'facf  was  jijrown,  and  hew«i 
little  di^onliTtd  ;  he  did  not  look  so  wriLbf- 
eaisse  lie  was  not  .so  well  dressed  ;  hot  K  wa 
the  sauie  man,  uiy  lonl. 

^:)l.  Utf!.  Hrfon-  this  man  g^oes,  we  hue 
more  ijueslii^ns  to  nsk  him:  When  did yoaiK 
liiiM  ^.'.^ain,  after  you  lei't  him  in  Chester.fon 
say  ? 

Jlarrinm.  I  saw  him  several  times  at  Tff- 
hail;  (  saw  him  at  the  Bouhc^-^en  apn 
Thni-i»'i;i>  ;  and  1  saw  him  when  the  hone- 
nv  c  Mas  hclwe.  II  l\Ir.  Chctwind  and  sirHwiy 
r^jiii'^li :  1  ratinol  tell  what  day  it  was;  tsri 
had  no  reason  to  kvo\)  an  account  of  the  [«r- 
tici.lar  days  nt  that  time. 

Aif,  G'lf.  Did  you  come  up  with  \VO 
master  ;iijain  the  <>th  of  Seittember? 

Harrison.  M\  lont,  I  did  so;  Ihaveasoie 
wherein  I  set  ilown  the  char^res  at  that  tioK* 
It  is  in  this  hit  of  palter,  which  I  bate  krptia 
my  ulnianack  ever  since.  My  lord  Aston  kH 
his  coach  with  us  to  Banbury^  w  hire  mj  w» 
ter's  crmch  was  to  meet  him  ;  but  cameoslf 
to  Coventry  the  first  nig^it.  The  next  vi^ 
which  was*  Tuesday,  we  can»e  to  the  Ata^ 
stone  at  fianbnry,  aatl  ifaerL'  we  tay :  Ft^m 


STATE  TRIALS,  i  JauU  IL  l£S5«-:/br  Petjmy. 


[1258 


m  Wednesdaj,  we  came  to  ^tDonde- 
'here  we  were  ill  lodged.  The  next 
nited  at  Uxbridce,  and  came  to  King- 
d  80  to  sir  John  Houthcoat'a  house 
i  Tbuiwlaj^  night.  Upon  the  Friday 
and  sold  his  horse  to  Mr.  John  South - 
y  master's  son.  Upon  the  Saturday 
,  I  came  with  him  from  my  mafter's 
wards  London ;  he  did  ride  upon  the 
had  sold  to  Mr.  Soothcoat,  and  so  we 
>  to  town,  and  took  water;  and  I  took 
mg  that  belonged  to  Mr.  Ireland  upon 
1,  and  we  landed  at  Somerset-house, 
me  with  him  to  his  lodginff  in  Russel- 
atid  wlien  he  came  there,  he  went  up 
here  two  women  met  him,  and  wel- 
imhome:  Seudthey,  We  are  glad  you 
f,  we  thought  we  had  lost  vou,  because 
lerer  heard  from  you  all  this  while, 
took  my  leave  of  him,  and  did  not  see 
lin  tiH  his  trial  at  the  Old- Bailey ;  tod 
Haturday  the  14th  of  September. 
J.  Kray  let  me  see  your  paper  you 
'.  [Wittch  was  delirered  in,  and  the 
deed  upon  it.] 

/.  Dio  you  write  this  in  your  journey  f 
Km.  Yes;  my  lord,  I  did  it  at  that 

"ien.  Are  the  particular  days  inserted 

fiord.' 

t.  No,  they  are  not,  Mr.  Attorney. 

KM.  I  could  not  write  well;  it  was 

memorandums  for  myself. 

J.  Wbat  day  of  the  month  was  the 

'  he  came  to  town  ? 

Km.  It  was  the  I4th  of  September, 

r.  That  agrees  with  all  that  the  women 
t  he  came  on  Saturday,  a  fortnight 
ichaelmas,  being  the  same  day  of  the 
Michaelmas-day  was :  Thus  far  it  is 
IS  the  sun  at  noon-day. 
My  lord,  there  was  a  time  when  this 
lelieved. 

/.  Ay,  Mr.  Oates,  we  know  there  was 
hen  there  were  Ignoramus  juries,  and 
ere  believed,  and  not  belie>ed,  as  the 
sent.  What  can  you,  Mi*.  ( ^ates,  say 
must  needs  tell  yon.  prima  fncie^  it  is 
'  an  evidence,  tliat  if  you  have  any 
the  world  you  must  be  concerned 

Not  at  all,  my  lord ;  I  know  who 

and  u  hat  is  the  end^  of  it  all. 

f.  Upon  my  faith,*!  have  so  much 

(Mr  you,  as  my  fellow-creature,  as  to 

ned  for  you. 
It  is  not  two  straws  matter  whether 
DO ;  1  know  my  own  ionocency . 

7.  Thoo  art  the  most  obstinutefy  bar- 

elch  that  ever  I  saw. 

Pray,  my  lord,  ask  him,  Whether  he 
r  at  Mr.  Ireland*s  trial  f  And  let 


1  wbat  credit  he  had  then  for 
wy  \m  telb  now.  These  people  come 
m  •  toni  OBly^  and  care  not  what 
ir  against  me. 


L,C.J,  You  must  hold  3r<Mrl(mgn«. 

Oaiei.  My  lord,  1  must  speak  tlie  truth,  and 
I  will  speak  the  truth. 

L.  C.  J.  I  think  there  w  scarce  a  word  of 
truth  comes  out  of  thy  mouth. 

Oates.  You  may  think  what  you  will,  my 
loni:  but  these  Popish  Traitors,  I  am  sure,  will 
swear  any  thing,  and  suborn  witnesses  upon 
witnesses  against  me  to  overthrow  the  plot. 

Just.  WUhins,  If  you  cannot  behave  your* 
self  better  than  you  do,  we  must  send  you  else- 
where ;  we  must  not  suflfer  this  beliaviour :  and 
tlierefbre  either  be  quiet,  or  get  you  gone. 

L.  C.  J.  Let  him  keep  himself  in  order,  and 
we'll  hear  him.  If  he  thinks  by  boisterouB  im- 
pudency  to  outface  justice,  we  wilt  not  suffer  it. 
Go  on,  Mr.  Attorney. 

Ait,  CetL  Swear  Mr.  George  Hobson. 

[Which  was  done.] 

Sol.  Gen,  Were  you  in  the  journey  to  Hx- 
hall  with  Mr.  Ireland,  and  uiy  lord  AstOB  in 
1078  f 

HobtoH.  Yes,  I  was  so,  my  lord. 

Soi.  Gen.  Pray  tell  all  your  knowledge  of 
the  matter. 

Hobson.  From  the  3d  of  August  till  the  16tli 
at  night,  I  was  present  with  him  every  day. 

X.  C  /.  How  do  you  know  you  were  ? 

Hobson.  That  is  to  say,  the  Sd  of  August  b« 
came  to  iny  lord's  house  at  Standen,  in  Hert- 
fbrdslihe,  in  the  evening,  and  there  he  remain- 
ed till  Monday  the  Mb  of  August ;  and  that 
day  in  the  morning  he  went,  together  with 
other  company,  to  St.  Albans,  where  we  met  sir 
John  Southcoat  and  his  lady  towards  the  even- 
ing; and  we  all  Jodgefl  there,  because  that  wa« 
the  appointed  place  to  meet  at :  we  lodged  the 
6th  of  August  at  night  at  Northampton ;  upon 
the  7th  at  Coventry  ;  upon  the  ath  at  Tixhall, 
my  lord's  house,  where  Mr.  Ireland  remaine<l 
till  Tuesday  the  iSth  in  the  morning.  Aud 
upon  tlie  13th  in  the  morning  we  «et  forth  with 
my  lady  Aston,  my  loni's  luotliei-,  sir  ^*>htk 
Southcoat,  and  Mr.  Ireland,  aud  the  otlier 
company,  towards  a  place  called  Holy- Weil  in 
Flintshire.  That  nig?it,  being  Tuesday  the  13ih 
of  August,  we  lodged  at  Nant\«i<:h  in  1 -hesliire; 
the  Wednesday  night  we  lodged  at  Holy -^Vtrll, 
where  Mr.  Ireland  was  with  the  rest  of  the 
company  ;  and  on  Thursday  night  we  return- 
ed back  again  to  Chester,  and  lay  there.  Upon 
Friilay  we  came  back  again  to  my  lord's  house 
at  Tixhall.  Afler  tliat  I  did  not  sec  Mr.  Ire- 
hind  till  Monday  the  s^eth  of  August,  whtu  he 
I'uine  back  agam  to  our  house:  where  he  went 
in  the  mean  time  1  cannot  tell. 

L.  C.J.  Whose  house  is  it  that  thb  man 
means  by  our  house? 

Habffhi,  I  mean  my  lord  Aston's  house,  at 
Tixhall. 

X.  C.  J.  You  know  hhn  ver}*  well,  did  not 
your 

Hobum,  Yes,  iny  lord,  I  knew  him  very 
well. 

L.  C.  J.  You  say,  be  came  bark  the  C6th  of 
August  to  Tixhall  ? 

fioton.  Y«,  as  I  rrmeniber,  he  did  st^ 


idsd] 


STATE  nUALS,  1  Jambs  II.  le^S.—JVmloflUmg  (Met, 


Att,  Gen.  How  long  after  the  f  6tb  of  Au- 
gust  was  ity  that  you  baw  him  at  Tixhall  P 

Hobson.  When  he  went  away  from  London. 

Att.  Gen.  When  was  that? 

Hobson.  The  9th  of  September. 

L.  C.  J.  Did  you  come  along  with  him  to 
London  ? 

Hobtofu  No,  my  lord ;  I  saw  him  go :  be 
was  not  in  the  coach,  but  be  was  in  the  com- 
pany. 

Gates.  My  lord,  I  would  fain  ask  him  a 
question,  when  be  was  first  acquainted  with 
Mr.  Irehmd,  that  he  speaks  of'? 

Hobson.  1  never  saw  him  till  be  came  to  my 
lord  Aston's,  at  Standen. 

Gates.  Were  you  at  the  trial  of  Mr.  Ireland, 
Sir? 

Hobson.  No,  my  lord,  I  was  not ;  I  was  then 
in  Staffordshire. 

Gates.  Then  it  is  material,  my  lord,  for  me 
to  ask  him  this  question,  it  relating  to  a  parti- 
cular person ;  whether  Ireland  that  was  eie- 
cuted,  was  the  Ireland  be  says  he  was  with  ? 

L.  C.  J.  I  will  ask  him,  if  you  will.  Was 
that  the  same  man  that  was  afterwards  tried 
and  executed? 

Hobson.  I  belie?e  it  was,  mv  lord. 

Gates.  I  insist  not  so  much  upon  the  ques- 
tion, but  only  in  reference  to  the  witness,  his 
acquaintance  being  so  short  with  him. 

L.  C.  J.  Truly,  I  think  it  is  not  so  iTery 
short,  for  he  swears  he  was  with  him  from  the 
Sd  of  August  till  the  16th  every  day. 

Jusl.  IVithins.  I  have  no  great  acquaintance 
with  you ;  but  1  know  you,  Mr.  Oates,  because 
1  have  seen  you  so  often. 

L.  C.  J.  Is  it  the  same  Ireland  that  was  at 
tlie  trial  ?  Vou,  Ilarnson,  you  saw  him  then  ? 

Harrison.  Tiie  vvvy  same  and  no  other. 

Just.  Withijis.  Certainly  nobody  doubts  that. 

L.  C.  J.  It  is  tit  he  should  have  this  ques- 
tion answered,  if  the  witness  can.  Pray,  go  on, 
Blr.  Attorney. 

Att.  Gen.  Swear  George  North.  [Which 
was  done.]  Pray,  will  you  give  an  account 
where  you  met  Mr.  Ireland,  and  whether  you 
was  with  him  in  his  joiitney  ? 

North,  My  lord,  1  saw  him  the  4th  of  Au- 
gust, which  was  Sunday,  at  Standen,  my  lord 
Aslon^s  house,  in  Hertfordshire :  upon  the  5th 
he  went  with  my  lord  to  St.  Albans ;  where  my 
lord  met  with  sir  John  Southcoat  and  bis  laiiy  ; 
and  1  was  with  them.  And  from  thence  we 
went  on  Tuesday  to  the  George  at  Northamp- 
ton :  and  from  thence,  on  Wednesday  the  7tn, 
to  the  iiull  at  Coventry  :  and  upon  the  8th,  we 
eamc  to  Tixhall,  which  was  Tnursday.  And 
from  Thursday  the  8tb,  to  Tuesday  the  13th, 
I  did  see  him  every  day  at  my  lonrs  house  at 
Tixhall. 

L.  C.  J.  Whither  went  he  then? 

North.  He  went  with  my  old  lady,  and  some 
other  company,  to  go  to  Holy- Well. 

X.  C.  J.  W  hen  did  you  see  him  again  ? 

North.  I  did  sec  him  several  times  after  that 
at  Tixhall,  but  I  took  no  particular  notice  of 
him  agaia  till  he  went  away  for  London. 


L.C.J.  WhanrMthift? 

North.  I  did  aee  him  the  9th  of  Sol 
He  'Came  to  go  with  air  John  Soomi 
London:  Mr.JobDSaolbooat,aiidbe. 
my  leave  of  him. 

Gales.  What  rdigioD  are  ywiol^flir 

North.  I  am  a  Catholic,  my  hud. 

Gates.  I  desire  to  know,  howlieeoiiM 
aienri)er  this  ao  well  ? 

North.  I  waited  at  the  table ;  and 
every  day  at  dinner  with  my  lord. 

Gates.  Were  you  at  the  trial  of  In 
witnesa? 

North.  No,  indeed,  my  lord,  I  was  a 

il//. Gen. Swear Richardlngktnp.  | 
was  done.] 

Sol.  Gen.  Pray,  will  yoa  gite  as  a 
whether  yoa  knew  Mr.  Ireland,  amI  wh 
saw  him  r 

Ingietrap.  The  first  of  Auj^,  bbt 
was  ordered  to  be  at  Standen  m  Ueitm 
to  wait  upon  my  lord  Aaton,  to  go  with 
Tixhall.  And  the  Sd  of  August  I  saw  1 
land  there  at  Standen  Lodge  at  my  lord*i 
The  4th  day  he  rested  there,  lieii^Si 
day. 

Att.  Gen.  What  are  you,  an  hackney 
man? 

Ingietrap.  Yes,  my  k>rd,  I  am  so 
uj^n  the  5tb,  which  was  Monday,  1 
wuh  my  lord  Aston  to  St.  Albans;  u] 
6th,  to  Northampton ;  on  the  7th  to  Cw 
and  tlie  8th  day  to  Tixhall  lodge.  He 
the  company,  and  went  all  the  way  will 
and  I  was  there  too. 

L.  C.  J.  How  long  did  he  stay  there 

Ingietrap.  Till  Tuesday  the  13lh. 

L.  C.  /.  Did  you  sce  him  there  till  Tu 

Ingietrap.  I  do  not  say,  that  J  did  s 
every  day. 

L.  C.  J.  Did  you  go  with  them  on  T 
to  Holy- W  ell  ?-^Ingietrav.  No,  1  did  a 

At  I.  Gen.  But,  my  lord,  you  observe, 
past  one  of  the  times  that  he  swore  Iiels 
here  in  town ;  that  is  between  the  8th  ai 
of  August. 

L.  C.  J.  It  is  so. 

Att.  Gen.  Pray,  what  religion  are  i 
3Ir.  Ingleti-ap? 

Ingietrap.  1  am  a  Protestant,  my  loi 

Gutct.  Were  you  at  the  Trial  of  ll 
Jesuits,  or  tliat  of  Ireland  ? 

liifiletrap.  No,  I  was  not. 

Gates.  My  lord,  I  desire  you  would  u 
he  being  a  Protestant,  how  he  came  to 
quaintcd  with  Ireland,  that  was  a  priest  r 

L.  C.  J.  ^Vliy,  Mr.  Gates,  is  there  no  < 
sation  to  be  beiwcen  Papists  and  Protesl 

Gates.  Truly,  very  hltle,  my  lord :  b 
is  not  the  point  now.  I  desire  to  have 
swer  to  my  question. 

Ingietrap.  There  was  no  great  acqna 
between  us,  my  lord ;  for  I  never  saw  b 
fore  tliat  time. 

Att.  Gen.  Swear  Andrew  Wetton.  [ 
was  done.]  Did  you  go  that  journey  v 
lord  Aston  to  Tixhall? 


STATE  TRIALS,  I  Jam  El  11.  Ifia5--/ir  Pajury. 


[I«» 


No ;  I  went  from  Tixhall  to  Holy-, 
Qtsu  Whftt  dny  did  you  iet  out  trom 


I  Tuesday  the  nth  of  August. 
\\%*^y^  *\\t\  vou  lie  th»t  Dij^ht? 

at  tbe  Holy- Lamb, 

_:  _^  lit  Chester;  und  TrtJin 

\  c^itit;  the  nexi  nigla  to  Holy-NVcll. 

I  wc  lUiid  all  uij^ht^  aijd  till  uext  day  ill 

m.      VVe  dioeil  at  iioly-^eUi  mid  came  that 

ht  Mck  U>  Chests  ;  uud  from  llieuccj  ihe 

\%e  came  botne  U)  Tixti^il. 

J.    Was  Mr»   Irdaud   tUere  jl)1    tlie 

Han^  Mr.  Irelniid  was  tb<!re;    1  looked 
tborfec. 

,  J,  H  ben  did  lie  come  first  toTixball? 
Ifun,   He  eatne  opor*  the  8lb,  and  staid 
1 13th  ;  and  then  went  to  Uuly-WtlL 
*  Pray,  \\  hat  religion  are  you  of? 
I  am  a  Proleslaut,  Sii', 
And  the   9iU  of  September  he 
r  from  Tijtball  ii»  London,  you  say* 
Yea  ;  1  saw  tbeni  take  coach  ^  und 
[  rid«  on  borsebuck. 

t\  J.  Did  you  sec  him  ofleo  at  Tixball, 
the  urn    he  i^ime  from  Holy-Well 
illOie  be  Hent  to  London? 

Yfw,  he  was  there  several  times ; 

01  tell  the  iiarticubr  daya;  but,  toy 

r  fMiu  pleaae,  I  can  t«;ll   yon  the  very 

Co  gijtve  me,  which  was  a  shiUiu^  and 

ciicfai  wben    he   came    back  trom 

And  tlie  16th«  you  say,  be  came 
[||o|y-Uell7 
Ye«,  it  \>as  tbe  ^6tbt  upon  Friday, 
BO  from  Hilly- ^V ell. 

jay  J,  tbe  9th  of  September 

fom  Tixhall  to  London  ; 

e«eral  Limesi,  in  tlie  mean 

FlOfd' Alton's  bouse. 

si>,  ray  lord,  we  are  past  one  of 

and  have  fixed  him  al  Tixhail 

loih. 

Xu.  Gtn*  We  have  ff  couple  of  xvttneasea 

\  upon  tbis  point,  and  tbeu  wc  rhall  g'o  on 

I7th  ;  and  no  all  aloug  t#  tlie  Uth  of 

-  r  Thomas  Sawyer.     [^V  hk:b 
^roe  31r.  Ireland  lo  Ttx- 

kmt*  tbe  0th  of  Augiist  to  Tix- 

tifiiii^l  there  till  the   13th:    and 

V  but  wbitber  he  went   1 

i  wus  iold»  it  was  to  Holy- 

i  Oem.  Whim  did  he  coAe  to  Tixhall 


WIh^o  my 
^'which  W''- 
Men,  l> 


old  lady  Aatoii  came 
i)»e  16th. 
^  wben  he  leftTix- 


f  Sc|iL    (iber,  roy  lord,  he 
\  hit  ji^uii  6uuthi;oal  to  go  to  Lon- 


JL.  C*  X  Can  you  remember  he  wax  there  at 
anv  time  between  tbe  I6th  of  August,  and  tho 
916  of  September? 

Saucer.  He  wu^  once  or  twice  tbere  \  hot  1 
cannot  tell  U»e  p;titiculttr  daya, 

Siii,  Gen.  U  bat  pel's iias ion  are  you  of^  as  t» 
religion,  Sirf 

batcher,  I  am  one  of  ibe  cburcb  of  England* 
my  lofHl. 

X.  C\  X  Truth  is  the  same  in  all  persuasions. 

Sol.  Gen,  But  we  would  obviste  Mr,  Oates^a 
objection,  that  they  are  all  Papists. 

Ati*  GcH*  Swear  Frances  Allen.  [Wbick 
was  doQe.3  Pray,  will  you  ^ive  an  acoouui 
when  you  saw  Mr.  Ireland  in  8ultordshire  f 

Mrs.  AUett.  He  came  the  Btb  day  of  August 
to  Tixhall,  and  continued  (here  the  9Ui,  Kitb^ 
1  Ithy  latb,  and  to  the  13  tb  in  ihu  morniug,  and 
then  be  ditl  go  to  Holy  <  well. 

Alt,  Ocn,  She  will  tell  you  one  particnlar 
cii>cmnstance,  bow  she  remembers  him  about 
that  time. 

Mrs.  Allen,  The  10th  of  August  was  Satur- 
day  ,  and  that  which  cuusetb  me  to  remember 
it,  is  this :  There  was  a  woman,  one  8arah 
Paine,  1  think  her  name  was,  which  testified  at 
the  Trial,  that  he  was  in  town  at  that  time  ; 
but  he  was  not :  For  he  was  at  Tixbdl  upoix 
the  lutb,  which  was  Saturday  ;  and  tbe  llth» 
which  WOK  Habbath*day :  and  4  snw  him  in  th« 
chamber  those  days. 

Au,  Gen,  Uow  came  you  to  know  him  s» 
well  ? 

Mrs.  AlUn.  I  was  a  servant  to  niy  lord  As- 
ton, and  louked  to  iMr.  Ireland's  chamber,  and 
u  ashed  his  limien  :  and  tliose  days  I  saw  him 
in  his  chamber. 

Att,  Gen*  When  he  went  from  Tixbal]  to 
Hul^.  Well  the  13ih,  when  did  b«  comeback 
again  ? 

Mrs.  Allen.  The  16th  day,  which  wa^ 
Friday. 

Ati.  Gen,  Did  he  come  afWrwards  to  Tix- 
hall at  any  time  ? 

JUrs.  Aden.  He  went  away  the  lith,  and  I 
call  tell  you  by  a  good  token,  that  he  did  so : 
For  the  t7tli  I  carried  his  ctothen  into  his 
chamber,  that  he  was  to  take  with  him. 

Ati.  Gen.  When  did  he  come  amilo  to 
Tixhall  ? 

Mrs,  Alien,  He  came  several  times,  but 
truly  I  cannot  tell  wbut  daysparticulaily. 

&iL  Gen,  Pray  when  Uid  he  go  away  for 
good  and  aUr 

Mrs.  Allen,  I  remember  his  going  away 
with  sir  John  Souihcoat,  but  1  cannot  telj  thii 
time, 

Att,  Gen*  Pray  what  relljfion  aie  you  of? 

Mrs,  Allen,  1  am  a  Prott stunt  of  the  church 
t>f  Engliuid  i  so  1  was  cbri»ieii«ii,  so  I  bare 
lived,  and  so  1  hope  to  die  before  yuu  alL 

i*.  C.  J.  Upon  my  wtird,  she  is  very  kind, 
she  has  a  mind  to  diu  before  us  :  It  is  a  sigti 
she  lives  a  good  life,  she'ti  so  ready  to  die. 

Att.  Gen.  Ho,  my  lord,  you  see,  that  the 
17th  of  August  be  deoartrd  from  my  lord  As* 
con'i.    Now  ^re   kball  call  Mrs.  HarwaU  tQ 


Iflve  yoti  an  acrount  whtttx^  be  went  «m  Uje 
inh,  Hwear  Mrs.  Jottt!  Ifari%dl.  [Whicli 
doue,] 

M.  O^Jt.  \V I »c re  do  yon  live,  Mni,  Harwdl  ? 

Mf«.  Hant'fii.  I  live  !H51t  ititoM'n,  my  IomL 

^^  G^ffi*    >\Tit?re  did  voti  five   in  the   year 

ija  r^ — Mjre.  Uut-ndL  Al  \V<ilverbani|itoii. 

^.  Off*.  Did  ;^oii  know  Mr.  IreUud,  he 
ibat  was  executed  f 

Mrs.  Harwell.  Very  well,  my  lonL 

Si^i,  Gen,  Wbftt  time  did  he  come  to  your 
boii$e  at  VVokerbampion  ? 

BIre.  Ht^wcli.  Tbe  ntborAoeiiit,  15T8* 

SoL  Gm^  \\  bat  day  of  tbe  week  vras  it  ? 

Mra.  HartcrlL  Upon  Satuitlay. 

5ol.'  Gen.  From  wbencedid  Jie  »ay  became 
«l  that  time  f 

Mra,  Harwell.  I  do  verily  bebefe  it  was  fpom 
Tixball  tbat  he  came;  1  caanoi positively  lay. 

SoL  Gen,  How  long;  staid  he  there  ? 

Mrs.  Harwell,  He  cacne  to  my  boo*e  the 
Ulb  oi  Aunfust  1078,  He  supped  there  tliat 
nrgbt,  and  1  tbtnk  he  lay  in  my  hotiae  crery 
ni^t  till  tbe  ^6tb  of  ibe  stnme  moiilh.  Vf^m 
th«  19tb  day,  after  dinner,  1  went  \titb  bino  a 
good  pnrt  of  tbe  town  of  WolTerbampton  ; 
uul  uiK>ii  Friday  following,  which  whs  the 
fSd,  ht  went  a  bttle  way  out  of  town,  to  a  fair 
hard  by  ^  and  returoeil  the  '  >taid 

at  my  botiac  ili<'  tie.tt  day,  new 

*lay.  Tlie  next  day  ttin-j  uit  .jui,  tn-iij^ 
Stmday,  b^  was  at  my  bonsc,  and  he  staid,  Uii 
1  said,  f:\iiry  ni«:ht,  and  Iny  ut  my  boiisr  ;  and 
w^itawuy  on  Srmiiay  the  26iU  of  \u^u^{.  It 
wiLSf  to  tbu  be:»t  of  my  remembrance,  iu  tlit 
momin?.       • 

Sol,  Gtii,  VVbither  be  did  say  be  wa*  pfoing^, 
when  he  wenlfr^ui  yotir  house  on  the  li6lh  Y 

Mrs,  HarttitU.  \  think  to  Tixhail,  he  said* 

HoL  Gen,  When  did  yoli  lec  bmi  again 
that  f 

Mrs*  Hanrell.  He  retnmed  to  rac  aijaln  ihe 
4lh  <>f  Seplemlier  fuHowinff.  That  nijfbt  h«.* 
supped  at  my  houi^e,  and  luy  tbeiii :  and  be 
•laio  at  my  house  Thunday  the  5tb  of  8q)- 
teml>er,  Friday  the^th,  and  he  went  away  on 
the  7lb  fi^ra  me  kw  Efor»d  and  nil. 

Att.  Gm.  Whither  did  be  pt  ibew  ?  ^ 

Mri.  HnrwtH,  ToTixball,  I  think,  I  eauaot 
tell. 

Att,  Gen.  Whence  did  he  stiy  be  came, 
when  be  came  last  to  ymir  hon^e ;  wbicb  was 
We<JatS4iay  the  4tli  oi  Neplc»nbof  ? 

3Irs.  lfara:cU.  Then  be  said  be  came  from 
Bo4e«ib*l  and  Black -Ladies  and  ibiit  wny. 

SoL  Gm.  Cnn  you  \^\\  viny  thin-^thul'mikea 
you  rememlier  he  wa!»  at  Hosculiel  i* 

Mrs,  HnrtetH.  1  ha^^e  sonji-  circgmstntices 
fhnt  make  tue  believe  and  rem  em  her  it, 

L.  C,J.  Ay,  tell  us  whnt  th<'y  are, 

Mrs.  HaruelL  My  lord,  U|K)d  .^londay  tbe 
td  of  8ei»temt»er»  J  beard  BIr*  Irebtid  wmild 
be  at  Hoseobeb  ainl  I  mid  to  my  friend  tbat 
told  me  !*(*»  sure  Mr.  Ireland  will  aol  be  there 
tbat  uig'ht,  and  I  so  near  him.  Yes,  Raid  she, 
hm  wilt  Tben»  said  I,  I  wiH  write  to  him  ; 
ml  to  I  did.    iliia  1  tell  you»  tlie  -Ub  of  8ap- 


IWS^l 


ivf  Offff, 


s 


tember,  whieb  wfm  Wediteaday,  hf 
house,  aud  srnid  that  ni^t,  And  iKf  inii 
days  ivith  me,  and  wcol  away  upottk' 
day  after. 

L.  C,  J   Vr»ti  sn  V  ytm  dkl  wfit»li 
thc^?dor  * 

Mnf.  ii  \  **»,  i  didw. 

L,C.  J.    What  was   the  n 
writing  to  him  at  that  tiinr*  * 

Mrs.   HarmtlL    One 
then  in  those  parts,  and  li 
in^  bis  friends  at  Black 
and  desired  hira  to  ;|^rve  i 
she  wonid  be  $2fUd  to  set^  hun. 

X.  C,  J.    HTe  came  !>ack  to  you  tfi  A' 
Septemberj  you  say  ? 

Mrs.  FuruelL  Yes,  he  did  «o,  flit  Wl  ^^ 

L.  C.  X  l>id  he  *^ --n  ibe  4^<l«lW.^ 

temher  that  be  bad  ow  kamt* 

Mr9.  Hamrll,     11.  .  :,     K  kI  fn.-i  i 

place,  my  lord,  but   1  know 
bad  rtfcei^ed  luy  letter  or  no*, 
wail«*d  upon  my  lady,  for  abe  toki  mriMi 
wurds, 

OftWi,  I  de»nre  In  know,  whctlier  to^*^ 
tlewoman  was  at  Irelifrnd'*  trial  * 

Btrs.  HnrKtlL    No,  niv   h' 
that  iipmt  Ibe  I7ib  *if  Uw, 
31r,  Irclon*!  was  tried  at  th*  nil  L^  ";  ' 
Hijjfb  Treason.    IJjKm  liie  lutb.  I  ^  a*imb»^ 
by  ibe  poat  whtit  wh«  »wurn  usri^aH  ^,^ 
(larttcuiartv  ais  to  this  time,  wblrU  I  l^'c*!'^ 
false ;  Ami  upon  my  owti  cosUa  aiid 
t*eiU  an  express  away  Vf  town  liorif  to 
that  1  knew,  upon  reaihnir  the  IctKr 
writtcii  to  me,  that  Blr.  In^latinl 
cutM*d  ;  nnd  by  ttiat  express  aifso  I  Ml 
tion»  biuuhlv  lie^etH-'litnu^  bis  bhit; 
weuu»'!u  hrin^  iti  wiini'ssess  lo  iii»^,  ^ 
Ireland  was  in  StatTtirdabtn*,  wdoi  Mi, 
swore  hewiL^in  town  ;  at  id  fipon  tbBtllti 
staid  tbe  execution  alwtii  tive  w<n4a.     ^^ 
hope  tor  a  tan'ond  triul,  but  w«  <?«HtH  wot 
it ;  and  be  wn^  ext'cut^'d.     I  < 
cost  and  charyres :  for  1  iIhhil 
f  could,  to  Kav 
falfte  which  iv: 

L.  C,  J.    *SU 
ujMin  mv^tird. 

Att.  Gen,  \ 
lord,    fciwear  i>l 
was  done,] 

SoL  Gen.  Tell  my  lord  wkat  yvM  htm^ 
Mr  freland*s  bcintr  nt  Mm.  Biirw^l^ittil' 
gu^t  lo78,  at  Wfilverhamptmi 

Htiihlon.  My  lord»  iti  tbe  miMitb  iff  A\ 
l(i73,  1  did  see  !Vlr,  Wilh»m  Ireknd,  at 
verba m pton,  i.i  *>!ilallbrd  ;  «iiil 

was  upon  the  i,  imiiJ  I  «aw  Hi 

I  here,  fro-     '  .  ti  *i5th,  crcry  «■•  ^ 

tlie  duv»  it  I  oaitooc  be  ffi^ 

in.  He  tviiii  wK^i  ray  to  LHobi^  wliil 
was  upon  tbe  i^3d,  qj»  I'take  it,  Uil  I  ^amtl^ 
{waitive ;  but  all  the  rest  of  tht  iIm  1  ^ 
see  KiffH  tUere  once,  if  unt  lwto»«irlmiM  ^J> 

Att*  Ccn*  Wbo^  did  he  lotlge  IliGQf 


1  him. 
^lately  mtd 

^""-  rml««d. 


t^ 


1  James  IL  iSSS.^ffr  Ferfurf. 
I.  Har. 


8  of  Ire- 

'  now. 
*  this 


of 

and 

.ec  liim 

|)on  the 

the  last 

lat  you 

nvelPs, 
JO  lived 

.o\T  she 
iilarty  ? 
jecausc 
of  Au- 
c  came 
^as  the 
»ii  those 

ions  to 

ho  was 
nd  was 

by  and 
idenre. 
itanley. 

d:mJ  at 

t  1078. 
SOlver- 
U.'moon 
day  the 
ly  own 

verily 
nh.nnd 
1  Friday 

(1a\8  : 
chfil'Id. 
I  sure  1 
Jays, 
owbiiu 


[1366 

Oaies.  Was  yoa  at  bis  trial  ? 

Stahie^.  No,  I  was  not. 

Gates.  Were  you  at  the  five  Jesuits  trial  P 

Stankif,  No,  I  was  not  io  London  since,  till 
the  last  term. 

Oatex.  What  relipon  are  you  of,  Sir? 

Stanley,  What  religion  are  you  of,  Mr.Oatcs? 

L.  C.  J.  Nay,  do  not  ask  questions,  but  aa- 

T  the  questions  he  asks. 

'fcj^.  1  am  a  Roman  Catholic. 
'  -n.    Mr.  Stanley,  pray  can  you  ra 
'rcumstance  how  you  came  to  re- 
vas  such  and  sucb  days  that 

>]i|^  tnlty.  Yes,  my  lord,  I  can. 

'^  .  are  tiiey,  tell  Ihem  us  ? 

juried  a  child  that  morning',  be- 
Jie  18th  of  August,  and  he  canoe 
uRe  i!i  the  ai\pmoonj  and  I  entertaia- 
with  those  things  that  1  bad  provided 
entertain  my  friends  at  the  fiioeral.    On 

luday  was  a  wake,  and  the  youngf  people 
.vcnt  ah  to  the  wake,  and  left  tnadam  Harwell 
alnne  ;  and  so^she  r4ime  with  him  to  my  house, 
and  1  entertained  him  with  the  same  kind  of 
entertainment  that  I  did  the  day  before. 

L.  C.  /.  That  is  a  remarkable  circumstance 
indeed. 

Att.  Gen,  Swear  3Irs.  Dorothy  Pumell. 
[\Miich  was  done.]  What  say  you,  Mrs.  Pur- 
cell  f  When  did  you  see  Mr.  Inlanjd  at  Wpl- 
verliam]»ton  ? 

Mrs.  PvrcelL  I  saw  him  die  18tb,  10tb« 
20th,  21st,  2«d,  and  23d  days  of  August,  1678. 

Att.  Gen.  Where  did  you  see  him  ? 

Mrs.^Purctf//.  At  a  friend's  bouse  in  Wol- 
verhampton. 

L.  C,  J.  How  come  you  to  remember  those 
days  of  tbe  m/mth  ? 

Mrs.  PvrcelL  I  remember  them  by  par* 
ticular  circumstances. 

L.  C.  J.  What  arc  those  particular  circum* 
stances  ?  I^ct  us  hear  them.  How  come  you 
to  nanictfhose  very  days,  the  18th,  19th,  and 
soon  P 

Mr.s.  Ptirall.  I  can  remember  it  as  well  as 
any  thing  in  the  worhl. 

Oatts'  I  desire,  mv  lord,  that  she  may  tell 
how  shb  dooi  rcnjember  it. 

31  rs.  PurcclL  That's  enough,  and  as  much 
as  need  to  l>e  said,  I  remember  very  well. 

Gates.  Rut  I  debireto  know  how  you  come 
to  remember  it. 

Mn.  PurcclL  I  remember  it,  I  toll  you, 
very  well  ;  and  }  do  affirm  I  saw  him  there. 

Gate$.  But  you  do  not  tcU  what  circum- 
stances you  remen)her  it  by. 

Mrs.  PitrceU.  I^o,  theri*  is  no  need  of  it,  I 
am  sure  1  saw  him  therrtlien. 

Att^  Gen.  Tell  him  soino  circuntii-tances. 

Mrs.  Purccll.  Those  were  the  day«  before 
Bartholomew  eve. 

Gates.  My  lord,  is  this  any  thinir  vf  evldonct.*? 

L.  C.  J.  The  jury  b»'-r'd  it,  and  they  will 
consider  of  it. 

Gates.  Whstt  rdi'^ion  arc  you  of,  mistreei.^ 

Mrs.  l^u/ii^'.  31ii^t  I  tell  vibat  religion  t 
am  of  ? 

4M 


A 


iMTJ   .     8TATBTBIiU;iblJAVMlL|$88^M4^nit«|lM^         {Ml 


iheaeed 


Oslei.  Idwenytlieitanpkt; 
BOl  MoUtf  lier  beMl  to  answer  It 
^  JUU.Qem.  Swear  Mr.  Sootl.     p¥hich 
.donej    Were  yoa  al.Wolveffiainptan when 
Mr.  mlatfd  was  there?— Scolt.  Yea,  1  waa. 
""  Jatr.ihn.  IMjM^wy  wanm  for  him 
thenr— &!«/.  Iftokedtohishone.      .    • 

Att.GeH.  Wbeo  did  heoona  thidier.  do. 
yog  remember? 

Jti.Gmu  WhatdajoftlMrwBekwaaittfaii 
lwaimethitherr.^...&ell.  Itwaaoif  aSaUirday. 

Mi^Geu.  Wbatmeatii^raa'kf    .«     « 

Seer.  IcMioot tdl  werywdk  whatmoiith  il 
vaaV  il  wti  m  fAqguel  ittiiiil&         ;» 
^rJii.Gem,  How kogiBd he contiaiie there F 

5MI;  The  ^eiee  of  a  Ibrtnifflpt  off  and  en.  v: 
r  HitettJathat  efidenee,  my  loid,  thai  hafme 


Strndnrd.  1  am  a  j^Bimiai  hi ni>n  afa^brf 
i aodkyat ftrnJiiy^e^Mrafthh  uflMlj  ■faST 
WaUlhatMiiMaamMkttM^ 


iliM^Kii 


hiCJ-.lLu  hot  Yeiy  nidi  mdemse:    It 
'  I  to  eoofirm  the  other  tea- 


*Att.  Oem.  How  long  waa  itfaefbrefrehmd 
waa ixiad  and  eseentedi^  ean  900  t«n  that  ?  . 

ScaiU  Nq.  I  know  nothing  of  it. 
.J^Cm/Theta  swear  w.Jbhnfiduaftrd. 
(WUob.waadoDe.]  . 

•.Mlfiai.  Did  yoo  sea  Mr,  Ireland  «Wol- 
Terfaamptonyaiidwhen-waaitylpray'yoof  t  * 
.  aunf^iM.  My  Ud»itt.th«  year  1075»  I  was 
tkmk  bigrond  aea,  to  8t.  Omen,  to  letch  oref 
twoyomllB^IKentlmneo  thai  wi«  tftudeDts  theca ; 
attd<  there  I  beoame  acquainted  with  Mr.  Ire* 
kmd,  who  was  then  protitirator  of  the  jesuitl  at 
St.  Omers.  And  in  August  1678,  1  did  see" 
him  in  Wolverhampton,  upon  the  Sunday  after 
the  Assainption  of  our  Lady,  which  wiwtlie  15th 
of  A'ngust,  he  came  to  see  me,  and  1  saw  him 
there  diat  day. 

JD.  C.  J.  What  day  of  the  month  is  the  As-^ 
aomption  of  our  Lady  ? 

Stanford.  That  is  always  the  15th  of  Au* 
gust,  my  lord. 

Att  Oen.  How  often  did  you  see  him  there  ? 

Stat/tfwd.  I  saw  hiro  Sunday  and  Monday, 
and  tin  that  day  sevennight ;  I  saw  him  every 
day  in  that  week  but  one,  when  lie  went  to 
Litchfield. 

Oaies.  My  lord,  I  desire  to  know  bow  he 
comes  to  reiueraber  that  it  was  at  that  time. 

L*  C.  J.  He  tells  you  a  reason  for  it,  because 
it  fell  out  to  be  upon  the  Sunday  after  the  As- 
sumption of  our  Latly,  which  is  always  the  15th 
of  August. 

«  Oatf.  My  lord,  he  says  he  came  acquainted 
Wi^Mr.  IH?land  at  St.  Omers. 
X  JUC.  /.  Yes,  he  says,  tliat  was  in  the  year 
^ 1675. 

OaUs.  I  desire  to  know,  my  lord,  whai  bnsi- 
neSB  he  had  there? 

L.  C\  J.  He  tells  yon,  he  went  to  feteh  oyer 
wo  young  men  that  were  students  there. 

Omtu.  Pray,  my  lord,  1  desire  to  know  what 
ceyponheisof. 

£,C.J.  What  religioawa  you  off 
9 


loniy 

late  king.  •  y.n    *  n 

Oslai.  1  iNifiaffai  iC  il  wan  ■ 

Ait.  Gea.  Ya^  hh.  itfaX 

that  oawity  that  wan  grant  hmm 

inrtmiiMntel  id  •anriMii;rlUkl.liMI 
AMMpa  BTon  vraanBHar  •.w  wmmnnmai 
that  flumlr  orna,  I  eanmoC  IdL 

bnt  I  wiU.  am hial  I M%a  wilMlilS 
dren*  .        i.*  i  ,j»  -  ..  «  ■        .r    ■.,— ^^-fk,* 

Aii.  Gem.  Mr..  OUa 
mada  him  a  priast»  hot  it 
andohihhvtt^MilaoliMI 

M^Gmt^Fmfi 
kr^   [Which:  wnidwifc} 

Aii.Gem.  DUjanwi 
!  Fowier,i»WroliinVMnlia,li  UMi*^  .t% 


0na|^bf4»  lannl 

(kie$.  1  derin  ta 

F 


i^hmtm 


AiLGmi.  WhenwwiH 

Mm.  Jfante;  i.dMfnaJri 
17th  of  Augostat  WohaitemfliMi 
tfaM^dayli  asynodwr^teaiiv-whananB 

Ait^  Otfi.  Jtew  haijitfdl  haaiaa  Atmit  •  "• 

Mn.FM«r.  Taitfaa«7tli,wUohimilBi 
daiy  wadaafOHivbtalWrt  I  wnainliiMi'. 
pany:  wnry  dqr  m  thai  tuna  mlam'HwM 
Friday,  whidi  day  tbay  ny  ha  want  IsiM- , 
field  to  the  lair. 

JLC.  J.  Is  Mia.  Harwell  ynaranAarf' 

Mrs.  Fomier.  Yes,  my  lord,  idm  ii,i  mii 
lived  al'tfaat  lima  with:  my  nathar..   . 

L.  C.  J.   How  do  yoa  uaJmr  iM 

Have  you  any  toisena  tbel  yaa  aan'ghiahib 
why  you  remember  it  was  then  f 

iilrs.  fbw/sr.  My  bed,  I  ■iimnurtiidmjrf 
after  Mr.  Irahmd'a  trial,  inwhieiilir.  Qm 
swore  that  he  was  here  hi  towv  hetwan  Im 
8tb  and  12th 
very  month  that 
hampton,  and  thereopoa  I 
Oates  had  not  sworn  trae,  by 
wiien  il  was.firediin.my 
half  a  year  after.  1      • 

Oatci.  Madam,  an  yaa  Mrk  fisnriTIi 
daughter  ?*^Mns.  Ifawfer.  Yaa»l  anaorft^ 

Oaies,  Did  yoa  not.  know  ana  Mr.  inmni? 

Mrs.  Fowier.  Whidi  Jannimi  f 

Oaies.  Mr.  Robert  Jennisaa. 

Mrs.  FowUr.  Yes,  I  do  know  hun. 

Oates,  Areyoanotar-kintobiBaF 

Mrs.  FamUr.  Yes,  hot  1  am  aony  laaanl 
have  soeh  a  relation.  ■      ••     *^^»»* 

Att.  Oen.  Swear  Mr.  Giflbid. .  [WUshM 
done.] 

&<.Gn.  Didyoa^awMr. 
ibrdslrin,  and  when,  I  nft^ 

O^fM,  lavwhini  Mtai. 


of  Anonst,  that^M^.wnJbi 
at  Bfr.  inland  waa  ia  W4mw 


STATE  TRIALS,  l  James  !!,  168 5*— /or  Perjury.  [1970 

till  Satyrday  the  7tli  \    aud  then  went  awajr 
irora  Wol verba m jrtoii . 

Otuffj,  1  de^k'e  td  know  ^i^lmt  religion  ibiA 
vt^oninti  is  of"  ? 

Keelit?^.  I  atn  Bora  an  Cathollci  God  be 
thanked. 

Alt.  Gen.  Mrs.  Keeling^  when  did  Mr.  Ire- 
land rctiirti  agTiin,  do  you  say,  aiicr  he  weal 
first  to  Woiir erhampton  ? 

Kteiing.  It  was  the  V^^cdiitsday  seven *iiiirbt 
after,  fe»ir. 

AH.  Gen.  That  was  the  4ih  orSeptembcr, 

L.  C»  X  How  Jong  staid  he  lliere  tlien  f 

Keelitii;*  Till  Sat urdoy  in  the  furenoou. 

Alt.  Gen,  Whither  did  he  say  he  was  going 
tben  f 

Keeling,  He  said  he  went  to  Bellamour  to 
dinner. 

L,  C.  /.  Did  you  see  him  at  any  lime  after  P 

Keetine.  No,  my  lord,  I  &aw  him  no  more. 

An,  Uen,  Then  swear  Mr.  lliohardsoR. 
[Which  was  done.] 

S0L  Gen.  Pray»  Sir,  will  you  give  an  ac* 
count  when  yon  saw  Mr.  Ireland ,  and  where, 
in  the  year  i678  ? 

Richardson.  My  brd^  1  saw  a  gentleman 
that  I  was  intbrmeti  was  Mr.  Ireland  at  Wol- 
verhampton, at  a  wake  j  which  was  Monday 
the  igth  of  August. 

Ait.  Gen,  Where  did  he  lod^^e  ? 

Richardson.  At  .Mrs.  Har weirs, 

Att.  Gen,  What  are  yon,  a  tradesman  ? 

Richardson,  Yea,  an  apoUiecary  in  Wulv 
hampton. 

L.  C,  J.  How  many  days  did  ywi  see  htm  ftt 
Wolverhampton  ? 

Richardson.  I  saw  him  ont^  one  day  in  thu 
market-place. 

X.  C.  J.  Yoit  did  not  know  Mr.  Ireland 
bettire  ? 

Rivhurdson.  But  I  was  informed  t hut  was  he. 

jL.  C,  J.  What  became  of  that  Ireland  that 
you  were  iutormed  was  at  Wolverhampton 
then  7 

Rkhards'tn.  I  heard  pr**senlly  after  that, 
upon  Mr.  Oates^s  Plot,  he  was  secured  and 
executed. 

Att.  Gen,  What  religion  are  you  of,  pray. 
Sir? 

Richardson.  I  ara  of  the  church  of  Eng- 
iand- 

Gates.  Pray,  Sir,  I  would  ask  you  this  que 
tion. 

Richardson,  Aa  many  questions  as  you 
plfci*se,  Mr.  Oates. 

Gates,  ^Vlio  Void  yon  it  was  Mr.  Ireland  ? 

Richttrdsoft.  Mrs.  flaniell. 

Ofdcs.  When  was  it  she  told  yon  it  was  In 
tand? 

Richarftsm.  To  the  best  of  my  remem- 
branoe,  it  was  betore  be  was  apprehended  as  a 
traitor. 

Otites.  He  is  uneertain  when  he  was  told  so. 

L.  C.  J-  Wril!.  make  what  advantage  you 
can  of  it  by  and  liy- 

Att.  Gen,  Sviear  IMrs.  Eleanor  Gnivca. 
[Which  was  doae.^ 


|i  of  Aufftist  1078,  and  he  continued 
M  the  wSi ;  I  saw  him  there  every  day. 
H.  Pmv,  my  lord,  be  pleased  to  ask  this 
ipan,  wltiether  he  were  at  the  Trinl  of 

V 

bed.  No,  I  was  not  m  court,   nor  exa- 

iu  ft  witness. 

It.  Were  you  at  the  Trial  of  tire  five 

ird.  I  was  there,  hut  was  not  exammed, 

D.  X   Was  it  every  ihy^  say  you,  that 

m  him  at  Wolverhampton  ? 

prd.  Every  day. 

%J,  Thty  say  J  be  was  one  day  out  of 

ilitchtield. 

hrd.  He  was  out  of  town  that  day,  but  I 

fGen,   Swftar  Mrs.  Elizabeth  Giffai-d. 

p  was  done.] 

te<?n.  You  hear  the  question ,  did  you  see 

mnd  in  ^taflfbrdshire  in  1678,  and  when  ? 

ik.  Gifford,  Mr.  Ireland  came  to  Wol- 

Ipton  the  tTth  of  Aug^ust,  aod  continued 

ID  the  26th. 

i  Gtn.  How  do  you  remember  it  ? 

i  Gifford,  B^  a  wake  that  was  just  hard 

tt  was  at  that  time :  and  be  came  to  my 

^ouse  upon  the  Sunday  following  the 

^^n  of  onr  Lady. 

Did  you  see  hrra  erery  day  till 

I? 
\  Gifford.  I  remember   I  did   see  him 

iy  but  two  days  that  1  w^s  abroad  at 

My  lord,  I  desire  to  know,  whether 

i  examined  at  any  of  the  former  Iriah? 
Gifford.  Yes,  at  the  five  Jesuits  Trial, 

Wei*e  you  not  al  Ireland's  Trial  ? 
\Giffi}rd.  No,  I  was  not. 

"There  was  one    Gifford  examined 

[JGeu.  Swear  Mrs.  Elizabeth  Keeling-. 
Il  was  done.] 

pev*.  Did  you  see  Mr.  Ireland  at  Wol- 
h)ton,  and  when  f 

Jm^.  Yes,  my  lord,  I  dtd  see  BIr.  Ire- 
tWoI  ve  rhami  pton. 
[ben.  Pray  tell  when  it  was. 
W'.  It  was  the  17th  of  August  be  came 
Viistress^s  house. 
torn.  What  August? 
mg,  August  belore  the  Plot 
t  J.  Who  was  your  mistress  ? 
in^.  Mrs.  Harwell,  my  lord. 
I^ea.  How  long  did  he  continue  there  ? 
}jmg.  He  came  on  the  Hatnrday,  and  f 
m  there  till  the  Monday;     ^Vhen  I  wus 
^  to  my  mother^s  burying,   I  left  him 
fcdara  Dormer  at  dinner,  and  came  back 
^Thursday.      And    in    his  chamber  I 
ihim  discourse,  but  I  did  not  see  him. 
be  Friday  he  went  abi"oad,  and  returned 
Ihat  night.     Upon  the  Saturday  I  saw 
Id  he  continued  there  till  Monday  morn- 
lid  then  he  went  away,  and  returnett  on 
£  ^th  of  September,  and  staid 


STATE  TRIALS^  i  Jambs  JL 


M  (hn.  Pray,  miitfeti^  did  joo  m0  Mr. 
rrdboid  at  Wolf  erhanipMhr  ai  any  Unie  f 
.  Jii*.  Orsvet,  Yes^  I  did«  my  wrd. 

Sol,  Oen.  WiMfl  was  it? 
f  JMEia.GrM0f.  The  fintttme  was  m  yean 
ajso  in  Aagvaitt  it  is  now  going  on  aeren  yean 


:  Ji/.  Gen.  What^me  in  August  was  it  f 

Mm.  Gravcf.'Tbefiratday  wastli*20th.or 
tiit|lamsorelsawliiniu|iontbed2d;  fori 
dined  with  luni,  and  was  wittr  bim  alltbe  af- 
tafBoeB,  and  supped  with  him.  UpoalheSSd 
wa  v^  to  Litchfield  together,  which  was 
Bartholomew  efe.  And  I  saw  him  the  3l5th, 
whidb  was  Sunday  after.  . 
''  L.  C.  J.  Are  you  sure  it  is  the  Irdand  we 
tre  iMw  speaking  of  F . 

Mrs.  Gratei.  .  They  said  it  was  the  same 
ilr,Jrdaiidtfaativasesecated.  They  called 
him  so. 

.  Xh  C  A  Ht^f  there  is  no  great  donl^  hut 
only  for  Mr.  Oates'9  satislkction. 

Ait.  Gem.  At  whose  house  did  he  lie  at 
Wolverhampton  f  ... 

Mrs.  Grai^.  At  Mrs.  Harwdl's. 

AiiJ  Gen.'  Where  wasr  it  you  supped  with 
'    flpmyyou.? 

«.  Gmei.  jHe.ifincd  and  sopped  at  n  r^ 
I's  house  or  mine. 

3LC.J.  Who  wasthatP  name  him. 

Mrs.  Grevei.  It  was  at  my  node  Winfofd's. 

L.CJ,  Did  you  go  afoog  with,  hin  to 
Ul^AeU.  do  you  say,  on  the.tSd  ? 

Mrs.  Graves.  Yes,  and  to  did  my  mude; 
and  at  night  we  came  back  together. 

Sol.  Gen,  What  religion  are  you  of,  mis- 
tress? 

Mrs.  Graves.  I  am  of  the  church  of  Ensf- 

Oates.  My  lord,  I  desire  to  ask  her,  how  did 
she  know  it  was  the  same  Ireland  that  was 
tried? 

Mrs.  Graves.  It  was  the  same  Irdand  that 
they  said  was  aflerwanls  executed.  I  know 
Bo  more. 

Sol.  Gen.  Did  you  go  bac|c  with  him  to  Mrs. 
Hanveirs  from  Litcbtield  ? 

Mrs.  Graves.  I  did  to  my  uncle  Winford's 
bouse. 

AU.  Gen.  Now  we  come,  my  lord,  to  ano- 
ther period  of  time,  which  is  from  the  26th  of 
Jkugust,  to  the  29th  ;  and  for  that,  we  6rst  call 
sir  Thomas  Whitcgrare,  uho  is  a  justice  of  the 
j[>eace,  and  a  worth V  gentleman,  a  member  of 
the  church  of  England  in  that  county.  Swear 
hira.    [Which  was  done/l 

Sol.  Gen.  Prav,  sir  Tliomas,  will  you  be 
pleased  to  give  the  court  an  account,  whether 
you  saw  Mr.  Ireland  in  Staffordshire  1678,  and 
what  time  it  was? 

Sir  T.  Wkitegrave.  I  saw  Mr.  Ireland  upon 
the  1l9th  of  August  before  the  Popish  Plot;  it 
spas  upon  a  Thursday  m  the  aAemoon  upon 
Tizhall  bowting-ffreen;  and  I  discoursed  with 
him :  be  told  me  be  was  to  go  home  that  night 
with  av  Jamea  Siamiona  m  Mr.  Hevening 
ham.    They  toU  me  aaennidi  U 


iSM^Wd^nmO^im,         {PI 

Satwday  t»  fiiyenlMHi^  and  went  tb^mti 
'"  lay  IbOowiBg  loivttda^  fiqapMi  mm 
ifter that, armnoor came  dmiteJb 
nd  was  aoBMed.FMt  oiheim,  of 
Iplot  of  the  pa^;  mid  my^rlf, 
others  Iqat  wwnjskiCOti^BimiiJQ  for  the 
that  ooianty^.did  reflect  apoD  the  time  tW  Iny 
land  WIS  ip  f^  eomitey}  and  we  were  t  bail 
disturbed,  beesuae  he  bad  been  at  partKikc 
places  aimong  eor  naiglihoiuift,  whom  we  kur' 
tohecatboliaa. 

Ati.  Gen.  Oaii.yoo  vemcmbEf  do  ifay li 

that  one,  air  Thomas  f    . 

.  Sir  r.  WkUtgroio^  OdTj  lb«  3901  T  mm\m 

there,  airfdiseyrsed  with  him ;  and  aftcr«ii# 

to  me,  to  desire  i^e  tlm  t 


would  oome  up  to  London  at  his  ihaL 
,  L.C.J.  And  did  yo«  come  up,  sir  'IliomtaL 
8nr  2*.  IFiUri^(r«se.  No,  I  did  not ;  1  hiAus 
sobpania}  ipd  being  n jtuitic^  of  iK-  p^^t ,  I 
did  not  think  fit  to  Iwnrm  the  country  niii^ 
'^no  without  0  aonhcBna. 
Osfei.  My  lord,  I  desire  m  iumw  il.iii 
ndeman,  fisw  long  be  bpd  heai  ai|aiaii 


with  Mr.  IidaDdr 
Sfar  r.  ITAi/inrsso.  I  De?e» 


X.  C.  J.  Ho  goes  DO  further  than  d»  S94 

Alt.  Gen.  No,  my  lordt  h«  4oe»  la^-    ti 

rear  Mr.  WiUion  Powkr.     [Wbidi 
dpne.] 

SqC  Gesu  Pmj,  win  you  give  aa 
wboi  yon  saw^.  IreteiiH  and  w  b«rc  ? 

Fospfer.  I  saw  Mr.  Ireland  upon  the  3ftl 
August  1678,  in  StaflbididitrCf  at  a  imwe-n 
at  Etchuig-hiil.  The  race  mms  run  U^ 
sir  Heniy  Gou^  and  captain  Chetwiod. 

Sol,  Uen.  Did  you  see  hhu  a^ny  other  d^ii 
that  month? 

Ihwier.  Yes,  the  19th  of  Augfust  I  mm  Hi 
atXixhall  bowling-green 

Sol,  Gen.  When  else  did  you  «ec  bimP 

Fowler.  I  saw  htm  the  1  Oih  of  Augun  heSm 

Sol.  Gen.  Where,  at  Ttathall,  at  m;  ln^ 
Aston's  house  ? 

Att.  Gen.  Do  you  remember  sir  IVatf 
Whitegrave  was  upon  the  bowliog-gieoi  lli 
27th  of  August? 

Fowler.  Yes,  he  was,  and  did  disosone  liA 
Mr.  Ireland  there. 

L,C,J,  Whatbecameof  Mr.  Irds^iftt^ 
wards? 

Fowler.  He  wentaboot  the  country  IsriaiK 
time,  my  lord. 

L.  C.  J.  Was  it  the  same  Ireknd  that  wm 
executed  ? 

Fowler.  Yea,  it  was  the  samo. 

L.  C.  J.  You  say  you  aaw  him  the  IWbtf 
Tizhall  bowUng^freen. 

Fowler,  Yea,  fdidao. 

L.  C.  J.  When  yoa  heard  ho 
for  the  plot,  what  did  they  say -^ 
at  that  tuner 

FoMfler.  I  think  bo  wmrt  to  Mr. 
ham's,  or 

OnUi.1 


itsfaif 


STATE  TRIALS,  1  Jamis  11.  i6&5.—for  Perjury. 


[12T4, 


tiler.  I  am  a  RomaQ  Catliolic. 
.  /.    We  ask  it  unly  bt'cause  Mr.  Oates 
\  to  be  satifitied  in  ihat  points 
Iff.  Gen.  Pray  swear Mr,Howani.  [Which 

*.  Gtiu    What  time  in  Aus^st  1678^  did 
s^e  Mr,   IreUtiiJ    in    !!^tadord.sbirc,   and 

JtJfi>o'firJ.  I  cameotit  of  Shropshire  upon 
fth  of  Aiiyn^istj  to  the  horse -rate  at  Etch- 
Ing'-hill;  and  there  I  suw  this  Mr.  Irektid  upon 
^   x  128th.     J  dined  al  oni*  Mr.  Herbal  Aston 's 
;  at  BelJarnore,  and  there  1  saw  hiro  a^ain. 
Itt*  Gen,  What  i>lher  lime  did  you  see  him  f 
'iifward.  Never  any  other  time* 
Mi  CM.    Hovf  does  be  know  it  was  the  same 

Irebnd  ? 
lo&^urd.  I  came  up  to  town  soon  aHer,  and 
tfdd  me   that  knew  bnii,  that  it  was  the 
Ireland  that  su tiered. 
I(r*   Gen.    bwear  Mr   Drayton.     [Which 
I  done.] 
V.  Gen^    Where  did  you  see  Mr.  Ireland? 

ration.  At  Etching- hill  mee. 
Iff.  Gen,  What  day  w;is  ihal? 
^raj/ton,  Tliat  was  tht  iifth  of  Aug^ust  1678. 
iti.  Gen,  Wbentlid  yoiiseehiui  after? 
Jmtfton,  Tbtj  next  day  folio wiu^f  1  ilid  not 
i  hlra  ;  hut  the  Thiirjiday   f<dlowjnor  [  umw 
tiitn  at  Tix hall,  and  be  went  bi*me  with  31  r, 
leveoingl^am  to  Aijinn  ;  o*ii(   I    saw  bim  on 
fiday,  Ik-  v^aii  wjiU  m*  iberpf  ami  Wfot  n  ti^ih- 
f^  and  we  eatehed  a  *^reat  pike  of  a  varil  ion^» 
Itch  uiiH  not  onlni:iry  with    us.     \jpoti   the 
Ht,  whicJi  wa»i  Haiurdiiy,  my  master  went  to 
1  a  hiK'k  in  tlie  paik^  and  IVIr.  Ireland  went 
mg'  with  biin  ;    and  lliey    went  to  a  little 
"a^e  hai^l  hy,  and  there  I  parted  with  him, 
1  did  see  hitn  nn  more  that  duy.     Mr.  Ger- 
«jf  Hdders1i!im  was  to  tneel  my  master  a 
jintmg^  hut  he  ivas  stek.aiid  did  not:    Then 
NiiTj;vVthe  1st  of  *ept.  I  was  sent  to  see 
I  oi  HtUersiiam,  and  there  I  saw 

I  :.         I. 

^  1.,  <K  J.  Who  was  your  ma>fter,  pray  yon  ? 
^J^at^ton,    This  lord  Uerrard  of  Bromley^s 

Gen.    He  wbb  accused  bv  Dosfdale  of 
Plotf  and  dird  afterwards  in  Newgnte, 
\0*ttet.  Pray  ask  Mr.  Drayton  what  religion 
iaof? 

Urayivti,  I  am  ft  Roman  Catholic. 
jAfi    Gen.     Sirear    sir    Jannes    Simmons. 

hicli  wua  done.] 
[SoL  Gen.  Uhen  did  you  see  Mr,  Ireland, 
Janice  ? 

iir  X  Ssmmom    Upon  Tiiestlay  the  27tli  of 

^rusi  1078,  I  rememi>er  wry  well  I  saw  Mr. 

^faud  at  the  horse- rnce  at  htebinnf-hill,  hf - 

n  sir  Henry  Gou^h  and  Mr.  Che* wind  ; 

I  remember  purliculailv,  th:tt  sir  Henry 

[^ug^h's   horse  dii»tiinctNl  hnu       I  did   tiot  see 

before  he  came  to  the  irm  ;  but  there  we 

and  drank  log-eiher.     Atid  Thm^ay  the 

of  Auffusi^  Ifuiug'  at  TjxbalJ   bowling- 

^n^  PiU.  Ireland  was  ibere^  and  came  home 

liiy  ItLtber  IXeveQitigbaui  auii  uneiiuid  sQme 


gentlemen  in  the  country  ;  aod  came  to  Astoa^J 
and  staid  there  that  tii^bt.  1  remember  the  nentj 
day  waa  Paoeras  Fair,  and  1  went  to  the  fair^l 
and  did  not  come  boitie. 

At  (.Gen.    What  day  of  the  montb  is  tba 
fair  usually  kept  ? 

8ir  J.  Simmon $,  It  ifl  an  imconstant  time  { 
now  and  then  in  September ;  now  atid  tben  tal 
Aug'ust ;  and  that  year  we  bad  a  suhscnptioiii 
to  ^et  it  regulated  to  a  certain  day. 
L,  C  J.  Did  you  see  him  after  ? 
Hir  /.  Simmons.  My  lord  1  eatmot  awear  id] 
the  Katnrday,  because  I  cannot  so  well 
whether  I  cimie  back  from  the  fair  aa  Friday 
night  ;   I  think  ]  did  not. 

Ati,Gtn.  HsvkiM  Mr.  Green.     [Which  i 
done.] 

SoL  Gen,  Did  you  know  Mr.  Ireland  P 
Green.  Yes^  my  lord,  1  did. 
Sol.  Gen.  When  diil  you  se«  him  it)  1678  f< 
Green.    The   6rtii   titue  was    Etebinj^'bil 
race  the  27th  of  August, 

SoL  Gen.  What  other  days  do  yon  re- 
member ? 

Green.  Thursday  the  29th  I  saw  him  ;  I 
belong  to  sirJame^  JSimnions,  and  Mr.  Ire- 
tatid  came  bonie  \<ijth  limi,  and  Kome  other 
gentlemen,  ht  Mr.  Heveiuug^ham^s  at  Aiiton, 
and  was  a  setluig  with  him  ou  Friday  the  SOth 
in  the  afternoon.  And  Saturday  the  31ttt  he 
v*as  a  huntin|{  with  Mv  Gernird.  Nay,  more 
than  that  I  saw  him  drawn  on  the  sledge,  bu4 
not  executed  ;  and  that  was  the  tame  man  that 
wa^it  there  at  that  time. 

Oaies.  What  reUsi^ion  is  this  gentleman  of  P 
Green.  I  was  ever  a  Roman  Uatholic. 
L.  C.  J.    Pray,  were  tli*  y   a  fii.hing  th&t 
day? 

Green.  In  the  morning  he  was,  and  they 
got  a  trreat  pike ;  1  saw  I  lie  pike,  and  did  eat 
part  of  it. 

At  I.  Gen,  Swear  Mr.  Fallas.  [Which  wa« 
done.] 

Soi,  Gen.  When  did  you  see  3Ir.  Ireland, 
Sir  ? 

Faltai.  Upon  the  Thnrsdav  after  sir  Henry 
Gougb^srace,  \ihich  was  Tlinralav  the  29ln 
of  AugtistT  I^Ii""  Irdandranie  itiMr  Mevening- 
bam^s,  and  I  looked  to  hi^t  horse  there.  Upon 
Friday  mommjf  they  went  a  fishing,  and  got  a 
great  pike  ;  and  J  did  sc^  tlieni  go  out  a  sett* 
ing  after  fiinner,  he  and  Mr  Green,  with  my 
luily  and  the  keeper  ;  and  I  fiaw  him  conte  in 
again  :  and  I  iUiw  bitn  drnik  a  glass  of  tahl«- 
beer  in  the  ball.  Upon  5*alnrday  morning, 
which  wwB  the  31st  of  Anj^nstj  they  went  a 
hunting  in  Mr.  Gerrard^s  park,  and  killed  a 
buck  ;  and  afterwards  iiiy  m filter  asked  bim 
logo  home  with  him  again,  hut  he  wou!d  not  \ 
for  be  baid  he  must  go  to  Mr.  Lowers  at  four, 
and  we  parted  at  three.  And  I  came  here,  and 
saw  him  executed;  hut  while  he  was  at  my 
ra aster's  house »  his  horse  was  never  out  of  the 
jttable,  hut  I  brought  it  to  him. 

Ait.  Gen^  W hen  did  y ou  see  him  eiecoied  ? 
Fniim.  It  waa  the  f  iUt  of  January  atter^ 
wards,  I  tbittk, 

I 


1 
I 


I 


I 


WS]         STATBr^SIALS,  i  Jambs  U.  l6«5^IWU  cflUm  OtU$. 

•43bl«fc  Wiiali4%ioiiaMy»MrB< 

Walkti  I  Mi  frr  thfldoliiunii  cf  Bnghail^.a 
ywtetfUMkt;  I  always  WMM. 

Oatet.  Pray«inylonlva8liliin»ivlMab6wa8 
aoqaaiDted  wuh  Jiri  ImBkad  ? 

Failoi.  The  first  Ume  was  4HkS9tliefAoT 
gvsC,  when  he  cameto  mj  iaQa8ter*s  house. 

•  (M^et «  That  iloea  aot  aoase  to  jsy:  tfani,«iiiy 
lord.  1  .^,  '  ^     ii 

J</.  Gen.  Buik  «oai68'¥ary  dote  loit ;  it 
reaehes  to  the  Slst  of  Aogost 

JL  C  X  w  Itie  wiihia  a  ^y  •eftyauyiipoii  my 


&/«.  An.  JUd  rU  tdl  yowr  loidship  what  is 
iret  more  cunsiderable;  this  pkee  is  ^an  -hivi- 
imd  and  twentr  miles  finsi  Louden :'  bat -we 
shall  not  lea?e  bim  there. 

Oaiet.  I  desire  to  know  whosesenraathets? 

Fallas,  Iamassrfa|it4eMs..Heirenineliam, 
and  Lscnrethekiaffi  I -oeoie' to  testier  the 
truth....  liias.hereSieftre,  .butihen.we  must 
not  be  heard ;  all  the  cry  was  against  us, 
Aat.ine  ware  ifDgnes,  and  most  b&  koocked'  on 
the  bead. 

X.C.Ji  Were  you  here  ^  any  of  the  trials? 

•  FaiioL,  I  was  at  thexoundl^table,  and  there 
i  was^  great  danger  of  being  knocked  on  the 
|Mad. 

•  .  Qaiea,  Would  > they  have  knocked  bin  on  the 
iiead  at  the  Gounoil-tabley  does  he  say  ? 

_  FuUoM.  1  have  been  in  the  room  by  the  coun- 
cil-table, where  they  have  cried.  Knock  them 
dnnvhaDg  them  rugues ;  do  they  come  to  be 
wituesses  against  the  Saviour  or  the  World? 
And  they  came  about  me  there,  and  asked  me 
if*  I  knew  any  of*  them,  or  was  of  their  com- 
pany ?  And  1  was  glad  to  say  I  came  thither 
about  a  suii  of*  law  I  had  with  a  brother  of 
mice^HT.il  thtntb  v  pitied  me. 

Sol  Gen.  No  .  wy  have  brought  him,  my 
lord,  every  iiiif  iit  where  he  lodged  from  the  3d 
lOf  August  to  tiie  Slst. 

Jit,  Gtn.  And  then  we  shall  prove  that  he 
^ent  to  Mr.  Gerrani's  at  Uildersham  that  they 
speak  of;  there  he  was  the  Slst  and  32d 

i.e.  /.  How  Mr.  Attorney,  thed^d!  I 
doubt  you  will  hardly  be  able  to  tell  us  where 
be  was  then. 

An.  Gen.  The  1st  of  September,  1  mean, 
my  lord.  t 

X  C.  J,  Ay,  we  understand  you  very  well. 

Att,  Gen,  Swear  Mr.  John  Proctor.  [Which 
was  done.] 

Sol.  Gen,  When  did  you  see  Mr.  Ireland  in 
1678? 

Proctor.  I  saw  him  the  Slst  of  August  1678. 

Sol.  Gen.  Where?— Proc/or.  At  Fulford. 

Sol.  Gen.  At  whose  hoiu^  ? 

Proctor.  At  Mr.  Lowe's.  ' 

Sol.  Gen.  That  was  the  place  the  other  wit- 
jiess  said  Ireland  told  him  he  was  to  be  at 
four  of  the  clock,  and  therefore  went  away 
at  three. 

All.  Gen.  When  did  yon  see  him  after- 
wards? 

Proetor.  I  saw  him  the  next  day^  the  1st  of 
S^tember. 


Att.  Gen.-Wk»tr 

Proctor,  AtasquireGernHri^ 

Att.  Gen.  HowfiHri84haifimBllr.I 
t\  Bfrnetor*  It  iaa  mile  and  an  hslf. 

•  SoL  Gen,  Did  yon  see  him  afienian 

>Prsc/or.  Nat  there  I  dhd  JMt« 

lAtt.  Gem.  What  notigioeeieyoaof ! 

Proctor,  I  am  a  Protestant. 

X.  C.  J.  What  did  yw  tear  kecsne 
Iselaad  afterwards  7    . 

Proctor,  1  saw  him  eiecnted  at  T^ 
terwards,  audit  watf  the  same  man. 

X.  G. /.  Whara  did  yos  li¥e  thta  ? 

Proctor.    I  lived  at  FuUbad  thes. « 

L.  C.J.  What,  with  Mr.LaweP- 

Proctor.  Yes,  my  kwd. 

Oate$.  It  seems  he  was  a  aerraBt  I 
pist. 

L.  C.  J.  Whatthen,  what  of  that? 

Oatee.  My  lord,  I  desnay o«  woaM  a 
whether  he  erar  saw  Icelaai'kelbra  thi 
August  which  he  ipeaks  of? 
.   Proctor.  No,  I  did  not. 

L.  C.  J.  But  yoo  ate  suns  it  waati 
man  you  saw  executed  Z 

Proctor.  Yes,  I  am  aure  of  il^    .. 

SoL  Qen.  What  circumstance  am 
that  he  was  the  1st  of  Septeaiber  atM 
rard's? 

Proetor.  I  went  to  dinner  thitbcr  tb 
I  rode  before  madam  Brooke. 

X.  C.J.  Whatday  of -the  week  wai 
of  September? 

Proctor.  It  was  upon  a  Sunday,  a} 

Att,  Gen.  Was  that  about  Psbcr 
time — Proctor,  Yes,  my  lord,  it  was. 

Sol.  Gen,  He  can  tell  you  another 
stance  how  he  comes  to  remember  bim 
Lowe's  the  Slst  of  Aug^ust. 

X.  C.  J.  Ay,  by  what  token  do  you 
her  that  he  was  there  the  Slst  of  Au^ 

Proctor,  I  went  that  day  to 

some  money,  and  came  home  again  in 
ternoon  ;  and  just  as  I  came  in,  ha  ca 
ther.  ^ 

Oate$.  JIow  does  he  say  he  knows  h 
the  same  man  ? 

L.  C.  /.  He  has  told  yon  twice,  he  i 
executed. 

Gates,  What  religion  is  he  of,  does 

X.  C.  J.  He  is  a  ProtesUmt. 

Att.  Gen.  Then  swear  Mr.  Johi 
[Which  was  done.] 

Sol.  Gen.  Pray  do  you  aoQuaint  tl 
and  tlie  jury  where  you  saw  Mr.  ireh 
when  ? 

King;.  I  saw  Mr.  Ireland  at  Mr.  G 
of  Hildershaui  the  1st  of  September,  tl 
that  the  plot  broke  out,  which  was  in  t' 
1678.  There  I  saw  him  an  Sunday  ;  ai 
he  staid  4^11  nifflit,  .and  so  did  I ;  and  m 
day  morning  I  went  to  Mrs.  CrcNiiptoe' 
I  fived,  and  be  came  thither  to  MiltaM 
as  ],  which  is  within  a  mile  of  Hra 
and  dined  there  the  same  day. 

L.C.J.  HowftrMtballhNnLeDdi 
y^mf'^King.  An  handled  and  m  vHi 


STATE  TRIALS,  1  Jambs  II.  l6ti.—/or  Perjury. 


[isrs 


1  And  lie  i^as  there  at  diniiery  you 

Ing,  Yes*  he  waa. 

'k  How  long  was  it  before  dinoer  was 

I  beliere  be  miglii  go  thence  &t>out 
£  dock. 

\  Where  did  he  say  he  designed  to  go 

B^'  designed  ti>^go  to  Boscobel  thtit 

X  Do  you  remember  any  body  eise 
r.  GciTard'«  then  when  you  saw  hi|ii  ? 
Yes,   Mr.  Jerinan  Drayton  was  at 
tro  at  that  time. 
Piray,  what  I'digion  is  this  gentletrtan 

I  am  a  Roman  Galholic,  Mr,  Gates, 
few.  Pray  a  wear  Mr.  Francis  Lfce. 
wm  done.] 

M.  Pray  tell  my  lord  and  the  jury 
U  WW  Mr,  Ireland  and  when, 
wai  a  servant  to  Mr.  Gerrard,  and 
isd  QpOR  Saturday  ni^ht  came  to  my 
louse,  and  statd  aJt  nit^lit  iinri  all  day 
)r,  aod  went  away  on  Monday  to  Mil- 

f*  What  time  and  what  year  was  it  ? 
i  was  in  1678 ;  bat  I  am  not  certain 
r  of  the  month :  it  was  on  a  Saturday 
nnd  1  have  wiln eases  to  pro?e  I  was 
lat  time, 

L  What  month  waa  it  ? 
t  was  in  Aogiist,  aa  1  think,  the  last 
I  am  tiot  certain.  And  hejfl^ent  on 
l»  Milkg^,  and  there  tlined  at  IVfrs. 
\*9i  and  from  thence  he  went  to  Pan- 
i  thence  he  did  go  to  Boscobel,  anrl 
ighl  there. 

tn.  Thatwasthe  2d  of  September, 
^»  How  do  you  know  he  went  to  these 

I-  was  io\d  80. 

My  lord,  I  flesire  tf»  know  hnw  lonjy 
was  ac<{uainled  with  Ireland  before  ? 
never  saw  jjim  but  at  that  time. 
Ho^  does  he  know  it  is  the  same 

r 

Bere  ts  a  man  tiiat  saw  me  with  bim, 

rresent  at  Ireland's  execution, 

'.  Who  is  that?  Proctor? 

Yes,  my  brd, 

K    Then  call  Proctor  aj^ain,    [Who 

igain.l  Who  went  along  with  yon  to 

Monday  ? 

ly  lord,* he  did  see  me  at  Hildersham 

HTard'a. 

f.   What  say  you,  Proctor,  was  'this 

Q  there  at  that  time  f 

^  Yes,  my  lord,  I  did  sec  him  tbere. 

K    Waa  that  the  same  man  thnt  was 

wbidi  you  saw  at  Mr.  Gerfaid'aP 
r.  Yes,  It  was, 

K   Did  you  dine  with  Mr.  Ireland  on 
itMra,  Crompton's? 
fes,  my  lord,  1  did,  and  went  aiWr- 
th  him  to  Pancrass,  and  staid  there 
1^  and  then  he  went  tv  B^vcob^l. 


Soi.  Gen,  There  are  the  two  days  gohc 
which  Mr.  Gates  swore  to,  and  iu  which  he' 
was  10  posilif  e  that  it  was  either  the  Jst  or  2d 
of  September, 

AiL  Gen,  Then  swear  Mr*  Biddolpb. 

[Which  was  done.] 

SoL  Ocn,  Pray,  Sir^  when  did  you  see  Mr, 
Ireland,  and  where  f 

BUd&(ph.  My  lordy  1  was  in  Staffordshire 
the  latter  end  of  August  and  the  beginning  ot 
September,  and  I  was  at  Mrs.  Crompton^s 
house,  which  is  my  aunt,  the  ad  of  September 
bcbg-  Monday,  where  I  aaw  Mr.  Ireland,  and 
dined  with  htm  that  day ;  and  after  dinner  he 
went  with  Mr,  Geirard^s  son,  who  was  to  gw  - 
to  school  to  BofiCobeL  Antl  I  will  give  your 
lordship  a  particular  circumstance  that  niay^ 
satisfy  you  that  I  am  not  mistaken  in  the  time : 
as  I  came  ihrougb  Northampton»hire  thatsum* 
mer*  I  was  at  my  loi-d  Cnlleo^s,  and  he  de* 
sjjW  me  to  be  at  a  horse-race  at  Ncwton- 
Slade,  where  there  is  a  plate  always  run  for 
upon  tl)e  first  Thursday  in  8eptember,  and 
that  year  it  was  the  5th  of  September,  Now 
when  1  dined  at  my  aunt  Crompton's,  aho 
would  have  had  me  staid  all  night  at  her  house, 
but  I  excused  myself,  and  told  her  I  had  pro^ 
mised  to  come  to  my  lord  Cullen^s  to  be  at  ths 
I'ace,  ami  I  must  nee^ls^be  there  before,  lo  be  as 
good  as  my  word  to  my  lord  ;  and  therefore  i 
w«nt  away  to  Panerass,  and  so  on  my  jouniey, 
otherwise  I  bad  staid  witii  my  atmt  all  night  r 
and  I  am  stiiie  this  was  Monday  before  thtt 
horse-race, 

Oaiti,  My  lord,  this  gentkinan  speaks  tona 
year  particularly.  ' 

BiddofpK  It  was  in  IGf  8,  the  year  before 
Mr.  Oatea^s  Plot  broke  out. 

AtL  Gen,  Now  we  will  call  Mrs.  Crompton. 
Swear  her.     [Which  was  done,] 

SoL  Gen.  Pray,  when  did  you  see  Blr.  Ire- 
land, Mrs.  Crompton  ? 

Mn,  Crrnnplmi,  He  was  at  my  house  at 
Millage  fe  ^flbrdshire  at  dinner,  the  same 
day  that  my  nephew  Biddolph  did  dine  there ; 
as  for  the  Jay  *>f  tl*^  njonlh,  I  cannot  so  well 
tell  it,  because  when  my  friends  dine  i^  ith  me, 
I  don't  use  to  note  down  the  day  parti culaily  ; 
but  it  was,  I  remember,  a  pretty  rf^markaote 
time,  for  it  was  about  Pancrass-fair.  Blr, 
GeiTord  of  Ilildei^ham  came  with  him,  asnl 
Mr.  jrdaad  Mn^  a  stranger,  i  asked  who  iie 
was,  and  they  told  me  it  wnis  Mr.  Irehmd :  he 
never  was  at  my  honse  be4ere  nor  after ;  he 
was  a  mere  stranger  to  me. 

L,  C.  X  U  bat  dav  was  it,  say  yon  f 

Mrs.  Crompton,  It  ^as  tJfe  same  day  Rkj 
nephew  Biddolpb  dined  tbefc. 

L.  €.  J:  W^  it  Monday  the  Sd  of  Septem- 
ber, do  yon  remember?  . 

Att,  Gen,  He  says  he  was  at  her  bouse  at 
Millat^e  that  day,  anu  she  says  it  was  tht  samt 
day  he  dined  there.  ' 

Mis,  Crumptvn,   Bvt  ^  i  * 

particular  days  when  ! 

(sxccpt  I  had  fHRlict4«r  \HrCUiio  i . 

bad  none  at  this  tiltte. 


, 


1279]         STATE  TRIALS^  i  Jambs  IL  1685.— TWoI  6f  TUut  (ktta,        [ 

Pendrei.  I  saw  him  upon  the  2d  • 
tember. 

Att,  Gen,  Where  did  yoa  aeehim? 

Pendrel.  At  Boscobei  at  my  hone 
he  lodged  with  me  that  night. 

Sol.  Gen.  Id  what  year  was  it? 

Pendrel.  In  the  year  1678. 

Att.  Gen.  Was  it  the  September  bd 
plot,  and  before  Mr.  Ireland  was  eiecul 

Pendrel.  Yes,  my  lord,  it  was. 

X.  C.  J.  Did  you  know  him  bdfbre? 

Pendrel.  No,  I  did  never  see  him  be 
I  know  of. 

L.  C.  J.  How  long  did  he  stay  there 

Pendrel.  He  staid  that  night  and  t 
day,  all  dav,  and  went  away  the  4th  q(( 
ber  to  Blads- Ladies. 

Sol.  Gen,  Whose  house  is  that  ? 

Pendrel.  It  is  Mr.  John  Giffiml's. 

L.  C.  J.  Yon  say  you  live  at  Bosool 
you  hear  any  thing  of  a  letter  came 
house  for  Mr.  Ireland  ? 

Pendrel.  Not  that  1  know  of.  my  kM 
was  not  any  that  I  remember,     ji 

Att.  Gen.  Then  swear  Mrs.  Pendrel 
[Which  «a 

Sol.  Gen.  Pray,  mistress  wiU  yoa 
account  where  you  saw  Mr.  Irelana? 

Mrs.  Pendrel,  I  baw  him  at  Boscobi 
Royal  Oak ;  he  came  there  the  2ik 
September. 

Sol.  Gen.  Can  you  tell  what  year  it 

Mrs.  Pendrel.  it  was  the  first  begi 
the  plot. 

Sol.  Gen.  How  long  did  he  stay  the 

Mrs.  Pendrel.  He  staid  Tuesd< 
Wednesday  he  went  to  Blaek-Ladies 
away  to  Wolverhampton. 

Soi.  Gen.  We  have  hut  one  witnet 
my  lord,  for  Wednesday  the  4th  of  Se| 
aiid  then  we  have  done.  Swear  Mr. 
Gifford.  [Which  was  done.]  When 
see  Mr.  Ireland  ? 

Mr.  C.  Gifford.  May  it  please  your  1 
I  saw  Mr.  Ireland  at  my  father's  k 
Black  Lailies- 


€htei.  My  k>rd,  I  desune  to  know  whtt  reli- 
gion this  olff  gentlewoman  is  of? 

Mrs.  Cromptan.  I  am  a  Roman  Catholic, 
my  lord. 

Att.  Gen.  Swear  Mrs.  Palmer. 

[Which  was  done.] 

Sol.  Gen.  BIrs.  Palmer,  where  did  yon  see 
Mr.  Ireland? 

Mrs.  Palmer.  I  was  at  dinner  at  Mrs. 
Crompton*s  at  MillagCy  where  there  was  a 

Sndeman  called  Mr.  Irdand  that  did  dine 
ere. 

L.G.J.  When  was  it? 

Mrs.  Palmer.  I  cannot  tell  truly  what  day 
it  was. 

L.  C.  J.  Who  was  there  besides  yon  at  din« 
ner  that  day  ? 

Mrs.  Palmer.  It  is  so  long  since,  I  cannot 
remember. 

L.  C.  J.  Was  Mr.  Biddolph  there? 

Mrs.  Palmer.  Not  that  1  remember,  my 
lord. 

L.  C.  J.  What  do  you  bring  her  for,  Mr. 
Attorney? 

Att.  uen.  She  dined  there  that  day  it  seems ; 
but  if  she  cannot  remember  it,  I  cannot  help  it. 

L.C.J.  But  these  kmd  of  witnesses  do  but 
slack  your  proof. 

Sol.  Gen.  My  lord,  I  think  we  do  over-do 
our  business  indeed. 

Att.  Gen.  We  have  one  more  witness  to  this 
voint,  and  that  is,  Mrs.  Mary  Holmes ;  swear 
ner.  [Which  was  done.]  Where  did  you  see 
Mr.  Ireland  in  the  year  1678  ? 

Mrs.  Holma.  I  saw  him  at  Miilage,  my 
lord. 

L.C.J.    When? 

Mrs.  Holmes.  The  first,  or  the  beginning  of 
September,  1  am  sure. 

Sol.  Gen.  What  day  of  the  week  was  it? 

Mrs.  Holmes.  Monday. 

L.  C.  J.  You  have  proof  enough  of  this, 
Mr.  Attorney  General. 

Alt.  Gen.  Truly,  1  think  so,  my  lord. 

Sol.  Gen.  Pray  swear  Mrs.  Esther  Gifford. 
[Which  was  done.]  Mrs.  Gifford,  when  did 
you  see  Mr.  Ireland  ? 

Mrs.  Gifford.  Upon  the  2d  of  September 
1678,  I  saw  Mr.  Ireland  above  a  hundred  miles 
from  this  place. 

Sol.  Gen.  Where? 

Mrs.  Gifford.  At  Pancrass. 

Sol.  Gen.  What  time  of  the  day  was  it  ? 

Mrs.  Gifford.  In  the  afternoon  about  four  or 
five  o'clock. 

Sol.  Gen.  Did  he  stay  there  all  night  ? 

Mrs.  Gifford.  I  cannot  tell  indeed. 

Att.  Gen.  Swear  Mr.  Pendrel.  ^ 

[Which  was  done.] 

Sol.  Gen.  Now,  my  lord,  we  are  come  to 
the  Sd  of  September  in  the  evening;  we  shall 
prove  where  be  was  that  uight  and  the  3d,  and 
theu  we  shall  return  to  the  4th  of  September, 
when  Mrs.  Harwell  swears  he  came  back  to 
^Yolverhampton. 

Mr.  Mantes.  Who^  did  you  sta  Mr.  Ireland, 
ttr.Pciidrtir 


Gates.  My  lord,  I  would  ask  Mrs.  I 
question  before  she  goes  :  whether  sb< 
a  witness  at  the  five  Jesuits  Trial  ? 

Mrs.  Pendrel.  i  was  in  court,  1 
would  not  suflfer  me  to  swear. 

Gates.  Did  she  not  give  evidence  tb 

L.  C.  J.  She  was  examined,  but  si 
not  be  sworn,   because  she    came  t< 
against  the  king  in  a  capital  cause. 
^  Att.  Gen.  Prav,  what  say  you,  Mr. 
Gifford  ? 

C.  Gifford.  My  lord,  I  say  I  saw  ] 
land  at  my  father's  house  at  Black-La< 
he  staid  there  an  hour  and  an  half,  i 
through  Chillington,  and  said  he  wou 
Wolverhampton. 

Att.  Gen.  What  day  of  the  months 

C.  Gifford.  1  am  morally  certain  it 
4th  of  September,  and  so  ne  went  ts 
hampton,  as  I  am  informed.  He  c«i 
house  to  see  a  lady  that  was  there 


fiBlJ 


STATE  TRIALS,  i  James  II.  le^S.-^fifr  Prtjury. 


[1288 


I.C./.  Wbatladywasit? 
C.  Gifford,  It  was  one  madam  Wells. 
Att.  Gen,  Thus,  my  lord,  we  have  lodpfed 
the  4tb  of  September  at  Wolverhampton, 


I  delayed  so  Inntf,  when  it  appears  by  the  evi- 
deuce  which  hus  hern  pro<hiceil,  thut  the  wit- 
nesses to  prove  it  were  known  six  years  since,  as 
much  as  thry  are  now ;  and  tlu  :-t>  is  no  colour 
of  evidence  offered,  that  any  new  fa-t  has  been 
lately  discovered  whirh  was  not  then  i:-.-<  "vu. 
,  There  is  no  reason,  my  lord,  tliat  is  assijpie^, 
I  or  can  be  assif^fMl  for  this  delay,  ^but  only  that 
the  hardship  mtp^ht  be  the  gfreater  uiion  me : 

^   day  in  that  time,*  but  only  the  8th  of ;  for  now  it  isdiflicult,  if  not  inipossible  for  me 

Icptember,  and  lor  that  we  must  leave  it  to  the  '  to  maintain  the  evidence  I  then  t^ave,  so  many 
ury.  We  have  proved  that  he  came  away  persons  lieing^  since  dead,  or  gone  l)eyond  the 
n  Mrs.  HarwelPs  the  7th,  and  he  said  he  |  seas,  and  many  thinp^s  that  were  fresh  then, 
|.to  go  to  Tixball ;  and  the  9th  he  did  go    are  now  grown  out  of  m«>mory  ;  and  I  be^ 


wbm  Mra.  Harwell  says,  he  returned  to  her ; 
tmd  so,  my  lord,  we  have  given  an  account 
vbere  he  was  from  the  3d  of  August  to  the 
!^  of  September.  , 

Soi.  Gen.   We  have  proved  where  he  was 


nm  Tixhall  in  sir  John  Southcoat's  company,  '  your  favour  to  insist  u|)on  this,  and  1  think  it 
(■d  came  to  London  the  14th.  ]  cannot  he  denicil  uie.     If  such  a  practice  as 


L.  C.  J.  Well,  what  say  you  to  it,  Mr. 
lites? 

Oaies.  Has  Mr.  Attorney  done  bis  evidence, 
■yloitl? 

Att.  Gen.  We  shall  call  no  more  witnesses, 
nlesB  you  go  about  to  support  your  own  credit, 
lad  then  we  have  other  witnesses  to  call. 

Oatet.  I  do  not  Talue  any  witnesses  you  can 
mog  against  my  credit. 

Ait,  Gen.  Well,  for  the  present,  we  do  not 
Ingn  to  csall  any  more  witnesses. 

L.  C.  J.  Then  let  us  hear  what  t(>u  sa}'  to  it. 

Ottfs.  My  lord,  here  is  an  indictment  ex- 

'^^"^  agmmst  roe,  which  sets  forth,  that  I 
swear  at  Mr.  Ireland's  Trial,  that  Mr. 


Eniand  was  in  town  the  Ist  and  3d  of  Sep- 
caSer;    and  it  sets  forth,  that  in  truth  ne 


in  town :  and  likewise  it  sets  forth,  that 
at  the  trial  of  the  five  Jesuits,  that  Mr. 
took  his  leave  of  me  and  otiicrs  here 
■  town  at  his  lodging  in  Russel- street,  between 
ke  8th  and  12th  of  August :  whereas  the  per- 
Kiy  diera  assigned,  is  this.  That  he  did  not  take 
ii  MaTe  of  me,  or  any  other  person,  l>etwixt 
ke  8lh  and  12th  of  August,  at  his  lodginsr  in 
laswll-Street.  Now,  my  lord,  I  was  not  the 
wij  witness  of  Mr.  Ireland's  being  in  town  in 
he  month  «f  August,  nor  the  only  witness  of 
rii  being  in  town,  about  that  time  in  Hep- 
■■ber.  My  lord,  my  prosecutors  hnve  en- 
lawmired  to  maintain'  this  charge  against  me 
bw:  the  first  thing  they  have  gone  upon,  as 
hr  as  I  can  remember  in  the  indictment,  is  as 
•  die  Ist  or  2d  of  September,  or  raiher,  they 
Are  endeavoured  to  prove  l>oth  under  one. 
loir,  in  answer  to  all  this  evidrnre,  my  lord, 
be  first  thing  I  sluiU  offer  to  ytdir  lorilnhip's 
SMideration,  and  the  consideration  of  tin 'jury, 
I  the  great  hardship  I  lie  under,  afU*r  six  yeaW 
■M,  to  be  pot  to  disprove  what  the  counsel 
ere  bare  now  offered  against  rae.  Mv  Ir^nl,  I 
harnj  first,  that  this  indictment,  whicfi  is  now 
Mm  trial,  is  founded  upon  the  trial  of  Ireland, 
hAck  was  the  17th  of  December  1678,  at  the 
Id-Beilej,  and  it  is  now  six  years  after  that 
"'■— ice  of  mine  was  deliverecl.  A  second 
is,  that  the  indictment  in  found  by  special 
liseioa,  es  appears  by  the  indictment  it-  J 
ilf.    Now,  I  must  fecommend  to  the  consi- 


this  be  admitted,  no  witness  is  safe  in  giving 
his  testimony  against  any  ct)ns|iirators  what- 
soever. For,  my  lord,  1  must  desire  leave  to 
ofler  another  thing  to  your  consideration,  be- 
fore I  speak  to  the  particular  evidence,  and 
that  is  this :  That  here  is  nothing  but  a  bare 
point  of  time  upon  which  this  ]«erjury  is  as- 
signed ;  when  the  sul»stance  of  tkie  testimony 
that  I  gave  at  the  trials  cf  Mr.  Ireland  and  the 
rest,  about.the  Popish  Plot,  is  not  assigned  as 
any  peijurv  at  all ;  it  is  only  a  circmnstance 
of  time  fkiui  place.  And,  my  lonl,  J  shall  offer 
this  to  your  further  consideration,  that  Ireland 
was  convicted  for  a  treasonable  resolution  to 
munler  the  late  king,  and  not  for  being  in  town 
in  August  or  Septemlier  1G71I,  or  elsewhere  ; 
and  he  was  not  convicted  for  his  being  in 
his  chamber  in  Knssel- street,  and  taking 
his  leave  there  in  August,  which  is  one 
matter  of  the  perjury  now  assigned.  Next, 
my  lord,  'tis  hard  and  unri-asonuble  to  tie  up 
witnesses  that  come  to  discover  plots  and  con- 
spiracies, to  speak  positively  as  to  circumstance 
of  time  and  place,  and  every  little  punctilio  in 
their  evidence,  to  bind  them  up  to  such  nice- 
ties in  the  delivery  of  their  testimonies,  as  to 
time  and  place.  It  is  usual  to  .s|)eak  with 
latitude  as  to  such  kind  of  things,  and  'tis  pro- 
bably my  evidence  which  is  now  in  question, 
was  not  that  Ireland  was  the  Ist  or  id  of  Sep- 
tember positively  here  in  town  ;  but,  my  loitl, 
I  did,  I  believe,  give  myself  a  latitude,  and 
would  not  confine  myself  to  cither  the  1st  or 
2d,  5th,  6th,  7th,  or  iiU  ;  hut  my  lord,  that  he 
was  in  September  then*,  (am  {tositive.  I 
mvM  therefore  l»eg  your  lordship's  and  the 
court's  opinion,  whether  that  .Air.  Foster  diti 
prove  that  1  wps  positive  an<l  prcrise  to  the 
days  of  the  1st  and  'jd  of  ScntemlK.'r  l(i78l' 

L.  C.  J.  In  my  opinion  .i  '^  a  pinin  evi- 
dence that  you  did  s\^car  ^uisitivcl\  ■  those 
two  days ;  'and  you  spoke  to  a  cinMinistaiice 
very  material  in  'your  evidence,  tliat  either  the 
1st  or  2d  of  Scpt<'ml»er  you  IiimI  5i)x.  of  him  in 
town  here :  now  that  circunistnnre  of  his  kind- 
ness to  you,  was  not  a  circuuisiance  either  of 
time  or  place. 

Otttr*.  Then,  my  lord,  I  shull  iH'gin  with 
my  proofs :  but,  my  lonL  I  desire  I  may  have 


■feUouofyonr  lordship  and  this  iury,  why  tfie  ■  free  liberty  to  minif  my  business ;  for  here  is  a 
pOMOUfioM  of  Ibje  prttended  perjory  has 'been  I  g^tleman  behind  me  tbat  will  not  let  me  be 
VOU  S.  I     4  N 


» 


I 


I 


I 


1S83]  STATE  TRIALS,  1  Jambs  1L  l685,— 7Wrfo/7»«»  Otie$, 

of  it),  »aid,  What  arts  tb^  hm 

V,  wo  ^kajhtn 


\ 


at  <|uiel,  bdt  is  dther  mcddtixig  wilh  nic  or  mj 
pttpers, 

Z,  C.  /.  Who  U  it  ?  Let  me  know  him, 
ajitl  f  will  take  c«rc  I4>  make  him  quiet,  or  set 
Lim  further  off.  You,  ^eollemen,  that  are  at 
tlie  bur  should  kuow  better,  ooe  wuuld  think  : 
he  must  have  liberty  to  moke  his  own  defence  ; 
und  if  he  c«m|daiti8  and  lets  me  know  who 
tiieddles  w  ith  him,  they  had  better  do  some- 
what elue. 

Oatea,  My  lord»  the  first  thinfif  that  I  ofler* 
is^  that  Ireland  was  eoovided  of  treasou,  and 
ifor  that  you  haTe  the  Record. 

£,  C/X  it  is  atluH'ed  of  all  lide*,  that  Ire 
lind  was  conricted  and  attainted  of  treason. 

Gates,  Then»  my  lord,  tbe  princiiial  de- 
fence which,  as  near  m  I  can  renienilir,  Mr, 
Jreland  made  at  hi»  trial,  wa*  ao  endeavour  to 
prove  that  he  was  not  in  town  between  the  8th 
and  12lh  of  August,  nor  the  ist  and  ?d  days 
0f  Heptembcr,  which  are  the  jwints  now  in 
i«aue ;  and  be  then  produced  one  Mr.  Gi fiord, 
and  hia  sister  and  motlier ;  and  15  or  16  wit* 
ne&m  were  prodnmHl  at  Mr  Whitebread's 
tnal,  of  whicfi  there  is  auoiher  record,  tJkat 
being  Hix  months  afler  Air.  Ireland  waa  tried  : 
there  Mr,  Whiteliread  produces  several  wit- 
nesHs^  Mr.  Gifford,  1  say,  and  «>evi  ral  othcra, 
I  think,  to  tbf  number  of  16,  winch  were  to 
prove  In^land's  beihj^  out  of  town  iu  these 
times  that  these  witoeases  apeak  of.  Now, 
my  lord,  all  those  several  witnesKen  \}e\n^  pro- 
dacefl  to  prove  Ireland  then  out  of  town,  die 
very  pcii lit  that  is  now  in  issue,  was  then  ao; 
aiitf  ootvb'iih^tandm^'  all  those  witnesses,  the 
jurors  who  tried  Mr.  Ireland,  and  the  jurors 
who  tried  Mr  Whitebread  and  the  othir  four 
jettuitjf,  fnutid  them  (fuilty ;  thou^^h  they  en- 
deavoured nith  all  their  force  iiuufT^ioaye  iu 
oppose  my  testitnony,  and  it  was  lell  to  the 
coofiideratton  of  l!ie  jury  whut  their  witneases 
had  said.  If  your  lordship  pleasea  to  rcniein- 
ber,  tny  lord  chief  justice  Hcrofga  did  observe 
to  the  jur^,  that  the  cvidtmcc  oi  the  prisoner  at 
the  bar  did  consist  only  in  punctilios  of  time  ; 
which,  aa  near  as  I  can  reujember  what  he 
said,  he  called  a  nicety  of  time ;  and  in  \V  bite- 
bread's  trial  he  was  plpa^ed  to  call  it  catehio«f 
in  point  of  time.  And  it  was  obacnreil  at  Ire* 
land's  trial,  that  his  defence  waa  so  i^eak,  that 
my  lord  chief  justice  Scrog^,  upon  the  iii- 
le^ty  of  Bed1<»e*s  evidoncL*  and  mine,  uses 
tbiae  words  to  tlie  jury  {though  he  ihtn  en- 
deavoured to  do  what  tfie^  witnesses  do  now) ; 
It  is  m^Mit  plain  the  Hot  is  discovered,  aod  that 
by  these  men,  and  ibai  it  is  a  Plot,  and  a  vil- 
ifjDOUB  one.  Which  shews  not  only  tb^  Jull- 
ness  and  saiisfact(ji-t)ies«  of  our  pniut  tkiai  ive 
f^rayo,  but  does  uUo  take  notice  of  the  hitle 
ahif>«  antl  catch ini(  tricks  he  made  use  of  to 
prove  himself  out  of  town ;  winch  would  not 
weigh  with  the  cuurt.  Therelin-e,  I  observe, 
it  lit  but  the  iiaiue  objei  rion  that  th«n  was  made, 
auid  is  not  a  new  one  oow.  And  my  lord  chief 
justice  that  then  wus«  speakingf  of  that  proof 
Ip  brought  (which  the  court  beard  wtih  pa- 
^f  but  could  casilji  se<£  Ihroot^b  the  vauity 


of  it),  said,  What  arts  tb^  b«f<t«f 
this,  I  know  n 
their  learning  i  i 

rcli^on  too.  A\\  tiiu»  ls  wneU 
those  tliat  were  by,  mull  beud  tbil  tsml.  Mi 
thou(;h  Ireland  kliuureij  U»  ilimronre  me  is  (In 
L j PL  u instance  of  titiie^  y«t  siiLf  the  eooitAt 
juslity  the  evidence  that  Mr.  Hcdkn?  &n4tts« 
self  had  ipveii.     AkmI  the  c^  r^B 

said,  1  leave  it  to  yon  to  ooti^^i  ^nm 

bare  not  as  touch  eviiWoce  from  the6c  tuo  cai 
as  can  be  expected    in  a  case  ot  this 
And  whether  l^lr.  Osites  be  not  ralbsi 
by  the  testim'niy  offered  nmt&st  biro, 
credited  ?  Tliis'w  aet  after  mm  ple«  wai 
and  considered :  and  I  mttsL  furthet 
^our  lordship,  that  thoo^  Mr 
false  witnesses  pressed  £i»  matter 
could  then,  and  orjrr  '  •*,-  -nurt  lo 
yet  wbeu  the  jury  bi  vheir 

found  him  gudty»  th^  <..»jvi  justice 
the  satisfaction  of  the  court  lu 
Vou  have  done,  ^ettUeiuca,   Like  t^ 
subjects  and  very  good  cliriiMsta»: 
say,  like  vrr\  n-ood  )*rotcstaata 
Ifood  ma)  4jO  masses  do  them, 

my  lord,"  ise  t»l*  Mr.  IrdauU,  H 

trial ;  and  the  same  (mini  of  bill  bcistf  «Ai 
town  was  again  managed  befbro  m  si 
at  tlie  Trial  <4  the  Viwe  J  equity  ;  bol 
saw  the  design  of  the  |»opi?iih  pam  1» 
ihecvidf'Dceyive©  ot  the  Plot;  but 
looked  upon  it  otdy  as  a  trick.     *^ 
chiff  justice  Scroggft,  ilk  sumoBiiMr 
«lcnce  at  tlukt  trial,  says,  THtjr  £1 
Mr.  Oates,  itkaaaiitg  tiiys^f;  lie 
have  been  Oidr  Sj^'ut,*  and    wbibi 
^t  had 


baf«( 


i  reryi 

hul  no«i 


,.iu..i.>h     but  if  heh"» 
>d  man,  1. 

lordship  p! 

of  the  Fi^e  Jct*iau, 

prove  Ireland  out  ot  t 

iti  the  same  charite  (> 

did  lake  n«»ticft  tlial 

at  raiehing  iu  a  potni  ot   uiuti 

thiit  iik  a  thiug  tlmt  tio  man  cati 

his  memory  withal ;    and  tbrr8l«)t«  bf 

there  persuade  the  jtu'y,  that  tbat  shiMll  fi 

be  ton  strictly  tlie  measure  of  ibcir  jil%Wii 

af)oul  Unitli  and  fidsehood,  Iw  tbe  wMk^d 

seven  or  eight  days:  for,   -'***  **'^'  to  tbe  jayt 

examine  ycmrsdves  how  ->  dmy  ym 

do  miitake  thiols  that  h    .  .    ^.  ...   traaiacB^ 

halt  a  year  a^o,    urul  err  m   p^'iat  ni  IBKtk 

taking  one  week  fur  aniitber,  aitd  oae  WlA 

fur  uuutbtar ;    and  theiolWre  yutt   «ro  Mt  ^ 

Uy   tuo  great   a  wrisT^it    upon    thr    poiui  t/ 

time.     Now,  if  loo  ^i 

not  lo  bv  hiid  upon  a 

4'bar^  that  is  now  brou£;tii  '^^^tliIij*  t^^  ^  ^ 

of  weijjbt  Hi  all.     And  besMfo%  mtf  MU  ^ 

ought  to  b  '       '     r  Ibis  wcri^  tb»  f«i 

objection  i  nswen^  ii 

be  an  obje^uM  ,\i  tbecssrtdd 

olMisrveatihe  ^f  ibe 


STATE  TRIALS,  1  James  U.  l6S5.— /or  Ptrjary. 


[188*. 


tliey  nia<1e  their  Aeieace  aboot  the  tmcer- 

oi  A  pi>iiit  of  time,  i%krdi  xvas  ni>  iJefeo<:c 

so  ttiatf  my  i<»rti,  the  whole  course  uf 

ptea  is  thin :  'I'is  a  hard  case  for  a  man, 

«jjc  yefirSf  to  be  indictctl  tbr  a  oiroiiiustaitce 

I  will  first  Q&ev  the  teiitiTTumv  of  one 

that  is  dead,  and  that  i!>  Mr.'Uedloe, 

It  his  death  conftimed  all   that  he  had 

n  of  the  Popish  Plot  to  be  tme.aivi  uttirmed 

he  had  ratlier  spoken  iess  than  the  trtiUi, 

more;  aod  for  that  I  desire  that  my  Loi-d 

'pear  may  be  catled,  who  took  his  dying 

C.  J.    As  for  that,  Mr.  Gates,  it  is  a  ih'mg 

well  known  to  Ihe  world, and  pajlienlariy 

worthy   geotleraan    ihiit  sits   by    vou, 

iitin^  to  Mr.  North]  that  Mr,  Beilloe,  when 

^was  Mck,  did  make  some  such  protestation. 

t.    Then»  my  lord,  I   desire  I  hat  Mr. 

may  bt  $worn,   to  give  an  aeeoniil, 

(r.  Hedloe  testified  at  irehiid'^  Trial. 

Then  Mr*  Blaney  was  sworn. 

atts,  Mr,  BSaney,  pray  will  you  see  in 
Notes  of  Ireland's  Trial,  whether  Mr, 
i  did  not  sweiir  that  iMr.  Ireland  was  tu 
4he  latter  end  of  August  1678,  or  the 
'''"  I  of  September  ? 

ane^.    Whereabouts  in  ihe  trial  is  it^ 

4e$,    It  is  in  the  printed  trial,  folio  4  L 

Blantt^,    My  lord,  I  do  find  these  words 

'  notes,  that  Mr.  Bedlne  should  say,  aboui 

Iter  end  of  Auj^'ust,  or  the  bei^iiining  of 

embeTf  but  I  believe  tt  was  the  latter  end 

_usl,  Mr,   Irt-danrl    was   ai   Harcouri*s 

abeft  and  heiuij  a?»ked  the  question  by  my 

chief  justice  Scroj^^ie^s,  Whether  he  sai'd 

*ively,  It  was  the  latter  end  of  August  ;  he 

It  was  in  August,   he  eouh!  not  be  positive 

tda^,  but  be  diougfht  the  latter  end. 

''C.J.     'Tis  very  well   known  too,  that 

;  did  swear  treiantl  was  in  town  the  latter 

August,  or  he^innin;?  ol   September  ; 

Itocontntn  it  upon   Mr.   frpland's  denial^ 

I  sworn  he  was  in   town  the  Ist  or  8d  of 

ptembcr ;  and  g-ave  you  %0m*  that  was  the 

^  sion  of  vour  oath. 

Til  en,  my  lord,  I  desfre  to  call  some 

I  to  te<stifv  to  the  Deposition  thai  was 

I  of  Mr.  Jetmison,  about  Irdand^a  being 

^town-  * 

,  J,    When  was  that  I>ep>sitjon  taken, 

!  whom  ? 

It  was  taken  in  the  year  1679,  by 
|£dmund  Warcup. 

C,  J.    But  we  cannot  admit  that  in  evi. 
I  unless?;  the  king's  eounsel  will  consent. 
es.    My  lord,  1  will  then  produce  what 
Iswore  at  another  trial. 

.  C,  J.   Why,  where  is  he?  Is  he  dead P 
7aUi,    My  lord,  it  has  cost  a  great  deal  of 
ney  to  search  him  out ;  but  I  eauuot  any 
t  meet  with  him,  and  that  makes  my  case 
I  the  hardf^rthat  I  cannot,  when  1  ba^'e 


*  See  tqL  6,  p.  1^93. 


done  all  that  man  can  do  to  gfet  my  witneatail 
tii^etiier.  I  sent  iu  the  depth  of  winter  fof  ] 
hira>  when  I  thought  my  trial  would  liav«j 
come  on  before  ;  but  i  could  uev^r  hear  of  birr 

L.  C.  J.    We  cannot  help  tliat. 

OaUs.  Will  what  he  said  at  any  other  trial 
Ikt  evidence  hei**  ? 

L,  C,  J.  IxK^k  you,  though  in  strictneis, 
unless  the  pavty  he  dead,  we  do  not  use  io 
arlinit  of  any  such  evidence ;  yet  if  you  can 
pjo> c  any  thing  he  swuie  at  any  other  trials 
we  ^vill  iuthilge  you  so  far. 

Oatts.  ^lavc'yoii  the  Record  of  sir  Gcorgiil 
Wakeman^s  Trial  there^  sir  Samuel  Astry  ?     .  J 

Alt.  Gen.  Here  it  in;  if  Mr  Gates  ham] 
any  us*.'  for  it,  we  will  lend  it  to  him. 

jL,  C-X  Put  it  in;  and  now  prove  what] 
you  can,  what  Jenntson  swore  at  that  trial. 

Gates,  Mr.  Blaney,  have  you  your  Notail 
of  sir  Cjeorf^  Wukeraan^s  trial  heic  ?  ',  J 

Mr  Blaney.  No,  Sir,  the  ticket  of  yourl 
subpcena  did  only  mention  Ireknd.,  Wnitd«j 
bread|  and  Lan;^horn's  trials.  But  I  did  for«i 
rnerly  upon  atj^»ther  occasion  look  lor  the  trial! 
of  sir  (jeoru^c  Wuktmanj  hut  could  ooi  fuid  H] 
among-  all  iny  notc'S. 

Oatci,   Sir,  can  you  remember  then  wfiat ' 
Jennison  swore  at  that  trial,  aixiut  Iretand^s 
being  hore  in  town  i* 

Mr.  Bianci/,  Truly »  ray  lord,  I  can  never  | 
trust  my  memory  at  all  when  I  take  notes  ;  i 
and  it  is  now  so  long'  since  tliat  trial^  that  I  { 
dare  not  undertake  to  say  I  remember  aaf  \ 
particulars  of  it.  J 

L.  C\  X  He  says  ttis  m  long  since,  that  I 
he  cannot  reoiember  any  thinir*  But  there  i*  ( 
sir  Edmund  Warenp  now  ;  is  he  sworn. 

Crtftr.    Yes,  my  lord. 

L.  C.  X    What'  do  you  ask  him  then  ? 

Gates,  i  would  desire  to  eicamine  sir  Ed*  I 
mtmd  Warcup,  my  lord,  about  the  deposition  1 
of  Jenni^n  that  ht^  took. 

X  L\  X  But  we  tell  you  that  cannot  be  ad-  I 
mitted  as  Evidence,  without  they  will  couseni  j 
to  it  on  the  other  side. 

Oaies.    My   h)rd,    he   proves  Mr.    Ireland  1 
here  the  ll»tb  of  August,  and  that  contradict* 
these  witnesses. 

L,   C.  X  if  they  will  admit  it,  well 
good ;  else  we  cannot  do  it. 

AU,  Gen.  My  lord,  we  will  lie  so  fair] 
with  Mr.  Oates,  if  he  will  admit  Mr.  Jen* 
nison's  letter,  that  is  under  his  hand,  whereia  1 
he  does  own  that  he  was  mistaken  in  his  whole  j 
Evidence  abiiut  that  matter,  we  will  consent  i 
his  deposition  be  read* 

Just.  Withins.  if  he  will  not  consent  to  that,  I 
therein  no  reason  you  should  consent  to  the  { 
other,  Mr»  Attorney. 

X.  C.  X  Look'  you,  Mr.  Oates,  Mr  At-  I 
torney  make^  you  this  ofler ;  you  desire  to  i 
have  Mr,  Jennisou^s  dcpoisitions  read,  whicH] 
e^annot  be  done  without  their  consent ;  they  tell  | 
you  they  will  consent,  i*  you  n  dl  let  iliem  | 
prove  wliAt  he  has  uwued  since  4bc»ut  that  busi« 

Oata.   ifylord,  I  will ooiiiciiit  witkidl aaf  J 


1IB7J         STATE  TBIALS^  i  Jamm  lb  iSkS^TrU^TtUuiOiim, 

kmrt;   let  them  read  ny  tetter 


L.C.J.    Well,  doilQQbolhMlei  bjeo^ 
wmAi  wbA  DOW,  BIr.  Oetea,  do  yoa-prodnoe  his 


Oslei,  Pnty,  eir  Edimiiid  Waroo|H  will 
joa  pleue  to  gfife  the  Court  aii  aooottnt  whst 
depondoa  Mr.  Jenliisoii  made  Iwfore  yoo, 
mot  IrelaiMl'a  heing  hi  town  in  A^gfuA  1678  f 

'9ir  £.    Wmrcup.    If  my  lord 
MtlwIO. 

L,  C,  /.  Aji  you  mull  answer  hisqi 

fifir  JE.  Wttrcup.  This  Mr.  Jenoison  did 
one  mfbrmaiioD  -before  m^,  and  aocordii^  to 
Ae  diity  that  was  iocombeiit  open  me,  1  de- 
lirered  It  in  to  the  luof  and  council,  and  there 
itlMlainerersiDoe;  tor  me  to  remember  the 
particnhreofit,  isiropoanble. 

X.  C./.  Have  you  his.  examination  here, 
Mr.  Oates  f   If  you  hft?e,  shew  it  him. 

E.  Wurcup.  If  I  see  my  hand  to  it, 
:  i(  was  sworn  before  me,  I  can  say 
iittoit. 

€hte$.  My  lord,  he  says  he  defirered  it  in 
to  .the  cooDcil ;  but  it  is  printed.  ' 

Ih  C.  J.    That  is  bo  evid^ioe,  man. 
i  Sir  £.  Wmtcub,    I  cansay  nothmgtott,  mi« 
kss  I  mm  it  under  my  own  band. 

Oateg.  Tbatis  tmpossibie  for  me  to  haTe, 
my  lord. 

X.C.J.    Icannottdlhowtohclpit 

flirJE.  Wttreup,,  Yon  hsTe  no  moretosay 
to  me,  Sir,  iiare  y  ou  f 

Oaies.  No,  Sir,  I  hare  not  Prey  call 
Sareb  Batten. 

Att.  Oen,  Is  that  the  same  that  was  Sarah 
Paine  ? 

Oates.  I  think  so,  Sir ;  I  am  not  sure  it  is 
she,  till  she  come  hitber. 

Cryer,     Here  is  Sarah  Batten. 

Oatet.  Pray  swear  her,  and  call  Sir  Tho- 
mas Doleman.  [Which  was  done].  But  Sir 
Thpmas  Doleman  did  not  appear. 

Oatei.  Pray  was  not  your  name  Sarah 
Paine? 

Batten*  My  lord,  I  desire  my  charges  be- 
fore I  8|>eak. 

L,  C.  /.   What  is  your  name,  good  woman. 

Batten.    My  name  is  Sarah  Batty. 

Oates.  Was  not  your  name  Sarali  Paine,once. 

Batttf.  No,  My  maiden- name  was  Sarah 
Bdmunds. 

.  Oate$.     Was  not  you  a  witness  at  the  trial  of 
Mr.  Ireland?     Batty.  No, Sir. 

Oatts,  Did  not  you  live  with  lord  Arling- 
ton?—Ba^/ v.  No,  Sir. 

Oalet.  Then  I  have  been  at  all  this  charge  for 
nothing.  Are  you  sure  your  name  was  not 
Sarah  Paine? 

Baity,    No,  indeed.  Sir. 

Ofi/rs.  They  told  me  that  she  lired  at  Ux- 
briilge,  and  liiitlier  I  sent. 

Bntty.  I   do  live  at  Uxbridge,  Sir. 

Oati'i.    Upon  your  oath,  were  you  a  wit- 
i  ar  any  ot  the  trials,  or  no  ? 

Butty,    No,  my  lord,  I  was  not 

Oslo.. Then IhAfn  wjiu^^mf^utm. 


calir- 

•  OMci.  WehareUooradaBwia 

her  not,  and 

imaginable)' 

hcrlmt  H  sesBS  tt  is  Aota^ 

JLC./.    WeoMMthal^it. 

BMy.    Ihope,myloffiyM«l< 
my  chaijgcs  w  eomm^  ap  hnifr. 

Ostai.  IwiHiakBeareoftha^i 

£.e.J.    WbodoywcsH-M^ 

Oslei;    Pnyealldr.C] 

Cryer.    He  is  not  baipo. 

Oaia.  Prey  €all  Mr,  Bmsifnl,  aqr -1 
Mr.  "" 


I  onnnot  hare  her  here. 
.    L.aJ.  Thntwn4 
Mr.  Attam^  willi 
the  other  is  an  eUn 

4)mim.  Yonaeebjmyl 
my  hMd,  that  I  hate  donawliail 
btfont 

L.C.J.  WbatM^yto,  Mr. 
yoQ  consent  P 

Ait.  Gca.  No,  my  lard,  kkM 
that  we  oannoreonaent  to  it. - 

Oateg.  Prey  oatt  Mr^  Bvoifsl 
Vanghan. 

(>yer.  They  do  neither  of 

Oilrt.  ThenlmMllswthel 


X.  C.V.  BafeyoQ^ 
'    Ostef.  No»  my  lord,  ^ 
mcdutdy. 

L,C.J,   Take  y  bur  own  time. 

Oatea,  I  desire  sirMichafd  Whaitan  Mf 
be  called. — Cryer.  He  is  not  here.  \ 

Oate$,  Pre^f  call  Mr.  Charles  Chetwisi 

Cryer.  He  is  not  here.  \ 

Oates,  Pray  call  Mr.  Robert  Bowes. 

Cryer,  He  is  not  here. 

Oates,  Prey  call  Mr.  John  Sa?aie.  I 

Cryer.  He  is  not  here.  ^     ! 

Oatet,  My  lord,  I  baveserredaUthmtnii  ; 
subucena  ;  and  if  they  will  not  oome^  I  cn> 
not  lielp  it. 

X.  C,  J,  Nor  we  neither. 

Oates,  Mr.  Jenoison  was  osed  as  a  wiMS 
in  the  trial  of  sir  Geocge  Wakemnn,  aai  m 
was  Mr.  Bowes,  and  Mr.  Bornet,  who  nai 

S reduced  to  prove  the  circomstaooe  of  Mr. 
ennison's  evidence:  but,  my  lord,  sacs  I 
cannot  have  ihe  benefit  of  his  eyidenes^  sir 
of  Sarah  Paine's,  I  most  only  sun  up  all 
i  have  to  say  in  two  or  three  words.  My  M^ 
j  besides  that  what  I  did  deKrer  in  e? idenee  at 
those  trials,  I  gave  in  upon  oalh  ;  yon  hsss 
Mr.  Bedloe's  evidence  at  the  trial  of  Iiilmi, 


testified  by  Blr.  Blaney  :  and  the  1 
bi/n  as  a  dying  man,  giren  in  to  my  now  I 
keeper,  wherem  he  arerrcd,  that  what  hshsi 
spoken  of  the  ptot,  was  *nll  tnw.  Aai  jm 
hear  that  he  swore,  Mr.  Ir^mdaMi  lHi»' 
town  in  Angost,  and  so  did 
and  I  think  opoB  fl^yaalf  tt 
to  kata  MMkifMsCifi^^i 


n 


STATE TRrALS,  !  James  tl.  l$$5.^/ar  Perjury. 


Iqties^on,  af\er  vrittiesfies  are  dead,  or  gone 
\ui'    tl>e  way.      A%   tbr   Mr.   Jeiiniso^,  lits 
^wnis  ibrnierly  niiid(>  use  (»f ;    and   his 
was  ainiroved  of  too,  as  is  well  known 
til  at  sat  judges  ii]>oti  the  late  viscount 
arti^         But  i\m  h  that,  my   tord,  L  inii^t 
I  sa.y  for  myself,  that  a8  1  ho|>e  to  aee  the 
►  ©f    satlvatiou'in  aiiolher  world,  whateirer  i 
i  s^vc»i-«  alKkut  Mr.  Ireland's  hein^  here  in 
l>ot%%'ixt  the    tith   and    12th   of  Auf^usl 
,    4Ai:i€l  in  the  beg'tnnint^  of  8fptemher,  is 
,  aa»    I     shall  answer  it  Wtbre  iUn\  another 
^iicl,  my  Uiid^  as  to  llic  uvidenee  this  day 
fKt.    ag^aiiist  mt>,  I  tiesire  you  ivunld  hiit 
tljuui^h  th«»L  tliere  are  many  of  those 
s,   yet  a  great  (lart  of  them  do    not 
i^|»  lotlieBth  or  J  2th  ijf  Au|fust :    And  I 
3fOor  lorthhiji,  will   remember  and   re- 
^  %o    the  joi-y,  what  liule   credit  those  of 
D  1:1  ^d  that  came  lo  ttjilify  in  the  behalf  of 
Vrelaiid  at  his  trial,  and  at  the  Five  Jesuits 
of  which  tbeiti  are  two  reoords  beiore 
^«d  they  do  firsi  justify  this,  that  Ireland 
^  iVie  rest  of  thein  were  gudty  ot  what  they 
'^  'accused   of ;    and  then,   that  these  wit- 
^s  did  ijot  testily  the  truth, 
^feiides  tliese  two  trials,  my  lortl,  you  have 
^  wird  verdict,  and  that  is  at  the  trial  of  Mr. 
^^lujrn  t  now   the  whole  Popiijih    I*bt  al- 
moin was  lairl  Ibrih  in  those  three  trials  ;   and, 
rj'y  lord,  I  believe  verily   I  am  the  ti»-stprece* 
I2f°*  **>  all  England,  of  any  one's  being  indict^ 
"  l)er)iiry,  that  was  a  witness  for  the  king  in 
ia<^]»e,  as  this,  after  sixyear!<itimeeU|i4iM| ; 
ifter  f enlict  upon   venhc«,  and  judginent   and 
«iectition  ti[mn  these  ?erdicts;  and  wln^u  no  new 
Oibjrctioi]  is  now  offered ,  hut  what  was  then  start- 
no  new  circumstance  occurs  now,  hut 
I  as  forcible  then,  except  it  be  the  change 
'  the  seafiou.     And  I  desire  it  may  be  con- 
ydeiT«l,  when  all  the  judges  of  England  were 
nmmis'iioners  of  Djtr  and  Terminer  at  those 
als,  (hes^  matters  were  fully  discussed  and 
siMited  ;  and  then  liwy  did  look  ujion  all  the 
jjections  as  fully  answerPil  and  confutt-d. 
My  lord,  I  amconrtdent  if  I  had  been  a  wit- 
ness in  any  other  c*au^,  than  of  a  oonsptrmcy 
^f  the  Papists,  I  might  have  had  fairer  Quarter 
]«an  1  have  now  ;    aod  1  do  verilv  believe,  that 
L  this  rate  it  is  more  safe  for  IPapists  to  be 
akitors,  than  for  any  Protestant  to  disoof  er  a 
»i9h  Plot. 

Lord,  and  Gentleman  of  the  Jury,  I 
cb  you  to  take  my  ca&e  in  your  serious 
dderution,  as  to  the  hardship  of  it;  and 
^Dce  all  my  witnesses  are  in  places  unknown 
tliey  are  sucb  as,  ciusMleriii^  the  times, 
-i  not  appetir,  some  of  thciQ  bang  lawyers, 
y  under  tlar  they  shall  fmre  the  worse  in 
practice  ;  and  others  being  iiersons  that 
k1  ii^ion  the  law,  and  think  they  shall  he 
ooked  ill  upon,  as  I  am  now  looked  upon  wtth 
I  Kord  eye  by  the  Popish  Party  and  their  a^j- 
enli :  yet  I  hope,  you  that  are  sworn  to  do 
itice^  wilt  not  let  mc  be  ruined  by  a  number 
^C false  witnesses,  by  the  evidenc^i  of  fpajpjils 
t  are  |iartii£».  .  Foir  if  youf  WrcUhip  §mm 


to  consider  that  Vote  of  the  Lords  House« 
which  is  a  court  of  Record,  wherein  they  do 
declart%  th:it  they  are  fully  saltMtied  by 
the  proofs  they  have  heard,  that  there  then 
was,  and  for  divers  years  last  past  had  been  a 
horrid  and  treasonable  plot  and  consniracy, 
contrived  and  carried  on  by  those  of  the  Popish 
religion,  for  the  murdering  of  his  majesty** 
sacred  person,  and  for  subverting  the  Proias- 
iant  religion,  and  the  ancient  and  established 
government  of  this  kingdom  ;  which  vote  of 
parliament,  my  lord,  does  make  the  papists  to 
be  all  piirtifts  in  this  case  ;  and  whem  they  are 
parties  1  hope  they  i«hnll  not  be  admitted  as 
evidence,  or  at  least  not  be  believed  ;  because 
there  is  a  turn  to  be  served  by  them  against 
me,  and  a  revenge  they  are  resolved  to  take 
upon  me  ;  for  they  have  hopes  now  of  bring- 
ing in  iheir  religion,  and  are  to  welcome  that 
in  with  my  ruin  ;  and  this  is  the  cause-of  thii 
prosecution.  Their  eyes  do  see  now  what 
their  hearts  so  long  desired,  that  is,  the  death 
of  a  great  man,  who  died  hut  lately,  and  against 
whose  life  they  had  conspired  so  ot\en,  and  so 
long.  My  lord,  if  this  had  beeti  the  first  con- 
spiracy that  ever  the  papists  were  g^ty  of, 
there  might  have  lieen  #ome  more  scruple  atid 
objection  in  the  case :  but  if  you  gaist  your 
eyes  upon  Campian,  auti  others  in  (jueen  Eli- 
zabeth's time  ;  of  Garnet,  and  the  Powder- 
Jeimits  in  king  James's  time  ;  and  the  de^igna 
ol'ihe  PontHh  party  in  the  time  of  the  late  king 
Charles  the  first,  dittcovered  to  the  archbishop 
of  Canterbury:  if  these  things  do  pass  for 
truth,  and  there  is  no  avertnent  against  so 
many  records  as  we  have  of  thoir  conspiraciei, 
then  my  discoTery  is  no  such  improbable  a 
tiling  ;  and  I  hope  then  the  gentlemen  of  the 
jury  will  take  it  into  their  considerations,  whff 
they  are  that  are  witnesses  in  thi$  case ;  men 
whose  very  religion  is  rebi*!lion,  and  whose 
principle  and  practices  ate  pernicious  to  the 
goTernmentf  and  thereby  they  are  lo  be  looked 
U[Mjn  as  dangerous  per^fins  in  church  and  state. 
But,  my  lord,  if  the  letters  of'ColtMnan  bu  tvell 
Considered,  they  will  jutttify  me.  That  he 
corresponded  with  Le  Chai&c  the  French  kiug'a 
confe&tior,  for  the  promoting  of  Popery  in  Eng- 
land, is  notorious  to  all  mankind  that  hay(» 
either  read  or  heanl  that  trial  :  your  lordivhip 
was  of  comi»e(  for  the  king  m  llwt  case,  and 
heard  how  it  was  opened,  and  plainly  proved 
upon  him.  And  when  his  letters  have  been 
made  so  public,  and  proved  under  hiM  uwq 
band  I  nay,  and  confeaaed  by  btmselt' ;  t  think 
no  man  will  doubt  4»at  thai  mysl  hu  a  pUiii 
proof  of  ttie  nkit,  anfl  enough  to  vindicate  me. 

My  lont,  1  have  one  word  more,  and  then  f 
have  done,  and  ieavti  it  tu  your  lordship,  and 
the  jury.  >lv  lord,  as  they  would  now  liing; 
tlie  Popisli  ^Uti  upon  inc,  so  there  is  an  evi* 
dent  di-sigt]  to  Hnig  the  murder  of  Ctodfrey 
u|KHi  a  PruCevtant  Peer  ;  atid  beeautu  an  In- 
dictfDQiilwaa,  upon  the  tesliinoiiy  ol*ihr  traitor 
FfUharri>,  against  that  noble  lord,  thry  liaie 
r«K}lvcd  to  have  profligak.  vilUjiis  t#»  ukc  hta 
Bib  ior  that  murdor ;  lUatii  apimrval  |  and  at» 


I 


I 


-'!rH» 


lidi  j  STATE  Till  AlA  1 1  a  H  ks  IL  l6$S.^Trial  ^  l^iif  Oifa,      [H 

llicy  ft^il!  ijo  on  step  Uv  step,  if  tber  be  let 
floats ;  aiii)  lliink  at  )eti«;r*ili  to  ivlpe  tbcir  inoiiths 
wiih  >iolotnon*s  t*horc»  and  sav*  they  have 
iJoioe  no  mischief.  My  lord,  1  leaTe  these 
tiluigs  to  the  cmjflitlerfttion  d'  the  court  qimI 
i«ry  :  I  wtU  not  iletain  you  any  lonjyer.  1 
iiare  Cf41ed  whitt  witaejiseei  J  coukl  |fcH  ;  but 
tUcdj««ARri>4tf  time  has  ruade  it  impossihle  for 
lui  o»r  hftre  now,  that  dia  give  evi* 

<ipi  nntlcr  before, 

Mj  ioni,  t  have  one  faTotir  to  beg"  of  tlie 
isourt;  I  had  but  a  bad  night  last  uight,  ami 
am  now  ID  g^rcat  pain  ;  1  desire  that  you  would 
l^ttiit  me  une  request,  that  t  may  hate  couii* 
•el  aligned  me,  to  ari^ue  the  errors  in  yea- 
ierda^'a  ludictmeol :  my  lord,  I  am  but  a 
poor  man,  and  canuot  be  at  the  chai'«^e  of  feeing^ 

OOUQiel. 

X,  C.  X  We  did  Msig^n  you  counsel  before, 
you  may  have  who  you  will  Jbr  coiinsel. 

O^Us,  Will  your  fordsihip  be  pletfltd  to  do 
ine  the  favour  to  let  nie  have  some  time  to 
prepare  and  instruct  counsel  ? 

L.  C.  J.  Ay,  what  time  wouhl  you  have  ? 

Oates.  A  week's  time,  if  your  lordship  please. 

L.  C.  X  Give  him  till  this  day  seven- night, 
tiicre  may  be  no  hurt  in  that, 

Ouf «.,  Till  Monday  <?ame  iseven-oight,  if 
your  lordjchip  pleasei  let  me  have. 

L.  C  J.  No,  no,  we  cannot  do  that ;  we 
give  you  a  week*s  time,  ivhkch  is  more  tlian 
oirdinary  :  for  by  the  rules  of  the  court  there 
are  hut  four  days  allow ed,  and  those  would  be 
out  Monday  or  Tuesday. 

Otttes.  I'thank  your  lordship  for  that  time 
you  have  given  me ;  bnt  I  hope  you  will  be 
pleaaod  to  Mke  the  parficulara  f  have  men- 
tioned into  ^our  consideration  ;  and  I  desire  I 
may  have  liberty  to  go  home,  becanse  [  am 
not  well. 

L,  C*  /-  Ay,  you  may  go,  if  yoa  will. 


Sol,  Gin,  May  it  idcase  your  binkhip,,  and 
you,  gentlemen  of  the  jury,  the  question  llmt 
you  ore  to  try*  is  a  perjury,  which  is  charged 
on  the  defendant  Tihis  Gates,  for  sweoringf 
that  WiUiaio  Ireland  w;is  in  town  upon  the  first 
Of  second  of  Stiptembt^r  1678.  And  1ikcwi#e, 
ibr  sivearinjr,  that  be  look  hi^  leave  of  him  at 
kb  chamber  in  ftussfll- street,  between  the 
€ightband  twelAh  of  Au^cnst  I67a.  And  we 
do  aaaipi  the  f»trjiiry  in  Wth  tliosc  points,  that 
be  19  forsworn  in  li*i(h  ;  and  the  evidence  of 
that  perjury  is,  that  it  is  impos!«it)le  to  h^  true 
what  Gates  did  swear,  hecanse  Blr  Ireland 
Was  not  in  town  between  the  ei^-lith  and  twelfth 
of  August,  nor  the  tir^i  or  second  of  8eptembpr. 

Oentlemen,  you  have  heard  the  evidence 
that  has  been  ^;i^en,  and  there  has  boeo  no  leas 
than  bttween  flkrty  and  iaXty  Witnesses  prod u ceil, 
tushew  thrit  it  ijo  n^ully  impoaaible  what  Oatcs 
did  8 weir  \hould  be  true ;  be  tells  you  that  this 
maUtfr  is  in  a  circumstance  of  time,  wb^^rein  it 
is  difficult  fur  a  man  to  be  positive  to  a  day, 
anil  a  man  may  be  ollowe<l  some  latitude  m 
such  a  4^056 ;  nay,  \t  is  usual  with  witnesses  in 
^)t9  ^'Uiue,taswear  with  A  latitude.    But, 


«^. 


my  l<>rd,  to  sliew  tliat,  if  we  «boulii  ptMtll 

^se  dfki  ti  inr  u\  H*-  iiiir  mnd  fabcinainyil 

it  is,  a  I  T\soi)ueiictini 

bo,  if,  V, ,  -'t1u|>^Ba^il 

d«pond  upon  ciH  Md  ^ 

lh€  witoeflses  sh> 

those  ciit:ttmafeaiKM8),  \ 

position,  it  18  impoaatb 

service  in  the  case  beitbrt^  you .  lor  \»x\ 

be^nning  of  Aogast,  and  the  luh  af 

ber,  which  incluiles  !»•   ' 

to,  (and  the  latitude  ti 

boot)  thcte   is  not  anv  oik-  unnuuit 

whfTeiu  his  oath  ooulJ  be  true« 

Gentleman,  you  ob«i«rve  what  llie  «*^ 
have  said,  how  Ihejy  havo  given  yi*  *^ 
count  of  every  j»arf  iriil.tr  day  of  lirl^  ®^ 
frt»m   the  3rd  of  y^hok  b«  ^<^m 

London,  to  the  in        -  ^  i  ember,  wte^^j^ 
turned  back  ugain  ;  wc  did  a^k  die     "•'^ 
that  it  might  anpeftr  to  lie  (ilainly 
they  swear,  if  iney  badiuiy  "^~- 
atancei!  that  maik  them  to 
they  have  giveu  a  great  io;m 
upon  us  to  shew  you  thai 
that  what  they  have  said  and  te«tin< 
true ;  and  that  those  days  itn^ 
was  in  the  places  they  named. 

For  take  the  periods  of  time, 
find  you  liave  him  frotii  the  3rd  of 
the  'iGth,  with  mv  lord  Aaloti,  g« 
London  to  Tixhall;  upon  thr  irih 
yrni  an  account  of  him  at  2^1 1 
26th  ;  fn»m  the  'itith  to  tlu 
there  are  others  that  give  you  a  part 
count,  by  remarkable  ciicumstancrs, 
waii  every  day  io  Stafibrdshtre  ;  frud^* 
to  tlie  7th  you  find  him  at  Wc^ltrr^JN 
For  the  8th  indeed,  we  do  give  no 
account  where  he  was  that  duy  ;  but  w*; 
that  upon  the  9th  he  wa^  at  TixhatI,  mdi 
thence  he  came  away  niUi  air  Jotiu  Suolfti 
to  wan  Is  Loudon  ^  and  then  '    'v\ 

cular  account  where  h<*  w.i  yi 

14th,  when  he  returnt^l  to  hi>  ik-uj^u 

And  now,    gentlemen,   I   shall 
ti,r^t  S  v*Mt  Mii've  these  witnesses  naw 
ll  :>  ;  thiU  certainty  it  wasu^tuo 

d.i .     :      ,    ^tak  of  tliat  they  did  ser  him. 

Fir»t,  That  he  ivent  out  of  town  in  Sm, 
you  hare  these  witnesoe«,  Aurio  In 
I'.leannr  Ireland,  Airs.  Duddlc,  Mr»*  Q 
and  my  lord  Aston.  >Vell,  how  come  t| 
remeuiibcr  it  was  upon  the  dd  ot*   Ai 

hy  thi 

holiday,  which  they  koi!|i Is  iMmorg^  oC. 
tins ;  and  upon  that  day  tboy 
Ireland  went  abroad  to  take  %, 
came  home  again  that  night,  th<Kigli  iIn 
of  the  company  staid  there;  beeMisolie 
go  out  of  town  upon  the  third  day  allcr,  i 
must  be  the  third  of  Aogust ;  for  Igm 
day,  you  hear,  is  alwtjft  the  laM  fil' Jtijhr^ 
they  do  ikositivehr  swemr,  ibal  upaa  t& 
August,  he  took  bis  leare  of  Aatm  InAam 
Eleattor  Irekad,  .JII»*  0Qddlt 


Why  the  four  women  retneniber  it  I 
ttctifar  remark  ;  three  days  befonr  I 


'd 


STATE  TRIALS,  l  James  11.  \6t5.—ffr  Perjury. 


[ISM 


rent  out  that  day,  l^Irs,  Qui  no, 
sband  u-fts  his  taytor,  saya,  lie  did 
le  to  ha^^e  Bomcwlial  in  bb  dotlies 
umI  she  saw  him  in  hh  btjots,  and  he 
as  to  go  out  of  town.  Mrs.  Anne 
ys,  they  took  the  liberty  to  Todge  a 
aan  ia  his  chamber,  and  saw  bitn  not 
I  fortnigfht  before  Michaeknos  :  And 
lid  gi>  out  of  town  upon  the  Sd  of 
&  further  proved  by  my  lord  Aston^ 
d  it  down  in  \m  book  at  that  time^ 
ud  catiie  to  his  bouse  at  Standeti  iu 
hire ;  so  thftt  here  is  as  strong  t*u 
i«  can  be,  tlmt  he  did  ^^o  on  the  Sd  of 
nd  that  they  rememWr  it  to  have  so 
alt   the  circumstances  that  can  be 

le  third  of  Aufiut  he  went  out   of 

be  4th  of  Au^st  we  ^ve  an  account 
wa»  :  he  staid  that  day  with  mv  lonl 
itaudeo.  The  5tli  of  August  Le  set 
my  lord  Aslou's  company,  and  went 
tiB.  The  dth  he  went  to  xVortbamptott, 
►  Coventry.  The  &\h  toTixhsill ;  and 
an^  that  went  with  him  proTts  it, 
iSir  Edward Southcoflt,  and  Mr,  John 
;  and  IJarrisauand  Uobson  who  saw 
the  company  ;  and  Mr,  North,  who 
aw  him  ev^vy  day  ;  and  Ing-letrap^ 
man  that  drove  the  coach  :  ell  thet^ 
it  positively,  and  some  t/f  them  speak 
Brkahle  pretty  horse,  whicb  he  rid 

hen  he  comes  from  Tixhall,  (for  we 
l^bt  bim  hither  by  manitest  proof,  hy 

could  not  forget^  by  men  that  saw 
le  ccmipauy),  there  he  remained  (ais 
■Cil^^tiy  the  l3lU  of  Au^'ust,  and  that 
SicMuy  atler  hiii  arrivaJ  at  TijCliaU; 

thence  he  went  that  day  a  journey 
ishire,    to  Iloly-^V  ell ;    and  that  ii 

the  witnesseii  that  were  in  his  com* 
lat  jo«irD«y.     They  1*11  you,  the  13th 

Nant^ritch.  TJie  14th  at  Holy- 
'be  15th  at  Chester.  And  the  16th 
mck  agMin  to  TixbaJt  And  so  here 
!  abundance  of  witnesses,  that  g'lve 
uticular  account  wltere  be  was,  in 
ipany  they  saw  hini,   from  the  5d  of 

the  tOih,     If  be  were  then  in  this 
froTn  the  3d  to  the  lOtlt,  he  could  not 
chamber  in   Kussel-street,  between 
id  the  12th. 
re  came  to  the  17tb,  and  then  we  find 

at  Wolverliampton,  where  he  con* 
the  SOth  ;  aod  that  it  must  be  between 
uid  the  2(5th,  la  plain  :  Fur  after  thai 
h  Mr^.  Harwell  upeaks  of,  the  other 
gfive  such  circumstances,  that  it  can- 
erwise,  Voutind  him  on  the  27lh  at 
ioe,  which  is  a  remarkable  circum- 
nd  these  are  things  that  men  do  very 
mber  what  days  of  the  moiith  they 
(Km*  We  then  |ifive  you  an  acconnt 
It ;  that  at  Tixball  be  was  seen  in 
upon  the  bowling -{ffeen  with  persons 
i     £iir   Thomit4  WhitA^grtve,    and 


others  i  so  we  g^ive  you  au  acoount  where  Im 
lodj^ed.  The  ^i8tb  be  was  at  Bellamore*  The 
*i9iU  be  went  to  >lr-  ILcveuiu^ham'S,  thue  ita 
tcH%ed  till  the  1st  of  Septeim>er ;  and  this  is 
remembered  hy  particular  circumstances,  that 
he  went  ;i  fibbing',  and  a  setting,  and  a  buntiDg^, 
Then  the  next  day,  which  is  thi*  1st  of  Sep- 
tember I  and  the  next  day  after,  the  2d  of  Sep* 
temher,  tliey  siuv  bim  at  Air*  Gcrrard'sj 
he  dined  u[mn  the  'jnd  at  Mrs.  CroniptonV» 
and  lay  at  Boscobel ;  tIjtTe  he  continued  tbn 
3rd,  and  the  4tli  he  came  to  Wolvechamptoin 
again. 

So  that  this  &hews,  that  what  Mrs.  Harwell 
did  speak  of,  was  true  ;  for  if  Mrs.  Harwell  di<| 
see  tdm,  as  it  is  not  at  ail  doubted  hut  she  did, 
it  must  be  in  ih»t  intei-^Til  of  time  between  lh« 
]6tli  and  the  ^Ttb ;  where  we  gfive  you  an 
account  of  him  l»y  other  undeniable  circum- 
stances, that  be  lodged  at  otlier  pJuct^,  and 
couM  not  lodge  at  her  bonse  at 'Wolverhampton, 

Besides,  gentlemen,  the  particiitar  circuin- 
slanceii  that  they  do  rememtcr  bim  by,  proves 
it  to  be  on  tliose  days.  Mrs.  Harwell  ogives  her 
positive  oath,  thai'he  did  come  there  the  17th, 
and  lay  there  every  ni^ht  to  the  26tb|  which 
was  on  the  Monday  f^even- night  after;  an4 
that  be  ciune  again  the  4tb  of  September  atW^ 
and  lay  lb  ere  till  the  7di. 

Then  there  is  Rushton,  Niother  witness,  th&l 
saw  him  at  her  house  the  IBth,  19th,  'iOtl^ 
21st,  3 2d,  and  2 6tb.  And,  I  say,  it  nmst  bo 
tliose  dayu,  l>ecau»e  we  have  j^iven  an  ac- 
count, by  oiiier  witnesses,  ofall  the  other  days, 
and  it  must  be  that  very  time  tliKt  Gates  speaks, 
of ;  for  it  was  the  summer  Ueibre  Ireland  waft 
apprehended  and  executed  tor  the  plot,  whicti 
wai*  Michaelmas  1678. 

Mr.  Winford,  he  remembers  biro  at  Wolver* 
hampton^  tlie  IBth,  19th,  5i2d,  and  24tb. 

Stanley  remembers  the  18tb  nnd  19th  ;  and. 
if  yon  ask  him  how  be  remembers  it,  be  tells 
you,  by  a  circumstance  that  mo^it  men  would 
remeiuUr  ;  be  buried  bis  child  that  day,  atid 
entertained  Ireland  with  the  provision  for  tba 
fuiierah  Now  men  usuaUy  remark  such  ac- 
cidents as  these :  for  that  is  a  thing  a  man 
cannot  forget,  that  has  auy  concern  in  thcs 
world  for  those  thai  are  so  nearly  related  to  him ; 
and  therefore  such  circumstances  must  of  ne^ 
ccsdly  evince  the  truth  of  what  he  speakn^ 
because  it  is  brought  to  his  miad^  by  nu  accident 
that  cannot  he  forgottien. 

Mrs.  Pureell.which  is  the  next  witness  I  and 
she  remembers  to  have  seen  him  the  18th,  19tb, 
'JDth,  2]s|,  C>2d,  ami  2(}d ;  for  sbt;  rcmembtfn 
the  last  of  thera  was  the  day  before  Bartho- 
huiiew  dayi  which  wo^  a  remarkable  day. 

Tlijen  there  is  another  muo,  that  looked  to 
bis  horse  wbiUi  he  was  there,  but  his  memory 
will  not  serve  him  U*  speak  to  any  particular 
time;  he  only  evidences,  that  he  was  there ;> 
and  the  other  witnesses!  speak  to  the  time* 

Mr.  8lamtbrfl,  he  remembers  it  to  be  at  thai 
UmSj  because  he  saw  him  on  the  8uDday  after* 
the  Assumption  of  our  Lady,  which  is  always 
Ibe  15th  Qf  Aujpjst.  and  the  like  sa^f  Mrt%. 

i 


ftsvy  lierlet* 


lidmij. 

4  tov.  Foiftery 


on  the 
heanr  Inmefeiyikjy.lilltlie' 


if  ]En.HarwdPk 
be  ounethe  irth 

liH  ae  90Cb,  campC  one  day.  when  he  went  Id 


siJehe 

^   tlwiirMtiM  dRj  befti«  Butbo- 


^.^,  wbidi  WW  Friday. 


Kedingfy  fhe  ewewiiy  that  apoii  the 
17th  daj  he  ceine  there/which  was  Sttordej. 
'flheaawMB^B  the 8oadBT» and oa the Im- 
4tj  $  aad  went  OB  the  Holiday ' 


tathofmenl  of  her  modwr,  whieh  is 
sthatshe 


•iri.  by  that,  has  the  leHMmhraiiee  of  the  day 
ofthe  mouth  whCB  he  was  there:  and  she  re- 
tvMd  back  sgain  oaThonday,  and  heaid  huB 
Oat  day,  but  did  not  see  htm:  But  she  saw 
hfatt  emy  day  afker,  till  he  went  hway;  aod 
dhe  laaMMhenlus  gioiii|r  away  was  Q|wd  die 
ememMfs  fikewise,  that  he 


trih.    And  she  rememb 


taia  d^,  the  that  Thonisy  n  gipMl 
that  yearithsMnwdte  be  the  flib 

aaditwasl 
dlaedsthiBaiHt*s: 
to  ny  kid  CnBoB,  he  woaU  sat  1 
Aodso  it  most  be  the  sediad  day  < 
thathesawhoBthcfa. 

Bfra.  Cfonplon  aays  it 
that  her  nephew,  Mrf  ITiddalph,  d 
ibrhewasai' 


FdsMr,  that  swiear^  be'dmed  at  |iii. 
ton's:  botdie  cannot  Idlthe 
wlien. 

Mrs.  Giflbrd  saw  him  at  fancnM,  heMI 
the  honni  of  four  and  fiTe  in  the    ' 


I  the  4th  ofSeptember  after. 
Mr.  Biehardssn,  he  proves,  that  he  saw  him 
iKpm  *e  19th  day  of  A^pmt  at  Wotrcrhamp- 
Isn;  as  he  was  tsb,  it  was  be:  and  boi 
wiMahewas  told  sol-  Hesays,llfi. 
tsU  Um  so  soaw  tnie  befbie  he  was  appre- 
hnded ;  so  Aat  she  eooM  not  Irfl  it  him  ifaeB, 
tssetftfatoni.    AadheisaiyohaslSBtieo. 
'  So  is  fikewiie  EleaBor  Omves;  who  gives 
yoo  an  aooovmt  tiiat  die  saw  him  diere  on  the 
iOth,  Slit, and  29d;  andon  the  S3d,  sbe  weirt 
to  Utchfield  with  him ;  and  opon  the  25tb, 
sbe  snpp'd  with  bim  at  Mr.  Wmtbrd's. 

Now,  gentlemen,  yon  have  a  full  aceonnt  of 
i^  even  to  a  demonstration,  that  be  most  be  in 
these  places  at  this  time,  if  yon  will  believe  one 
thing,  that  is,  that  these  witnesses  mw  bim  at 
alL  And  sure  none  can  doubt  but  these  wit- 
nesses did,  noon  the  drcnmstanoes  they  have 
testiBed,  see  him  in  Angost  and  September : 
and  then  it  must  be  those  particular  times,  that 
tSiey  speak  of. 

At  Wdverfaampton  then  yoo  have  him  to  the 
36th :  The  97th  day,  yon  have  an  accoont  of 
him  at  the  borse-raceat  Etching-bill.    The 

sath,  Mr.  Howard  gives  you  an  acooont,  be  j  ber;    and   went  from  thence  the  fimih  f^ 
dined  at  Bellamore,  at  Mr.  Aston's.  The  99tb,  i  Black-Ladies ;  where  Mr.  Giiferd  idb  fit 
yoafindhimattbeBowKng-irreeoatTixhall;  I  he4lined. 
and  from  thence  to  Mr.  Hevcnsigbam's,  where  j     And  we  have  given  you  an  aoeoost  WbN^ 


w —  — — ^^     —  ^.,~_«..  <«.«.  V  »««.    '».<w.  w.>v  vto'W'wwMa  WB  oepiemoer,  ■■■■  n^^ — -. 

Sltt,  yoo  bear  he  was  at  the  killing  of  a  buck,  j  not  give  yon  a  positive  evidence,  TM  4£ 
where  Mr.  Gerrard  was  expected,  but  sickness  j  the  seventh  of  September,  at  nigbt,or  trM*' 
prevented  his  coming.    And  you  have  him  the  .  eighth,  he  was  at  my  bHrdAston1i;yitiieknV 


upon  the  second  of  September;  sad  Leisrif 
along  with  him  to  Pancrass ;  and  fmadW 
he  went  to  Boscobd. 

Mr.  Piendrel  says,  he  saw  htm  the  sMaddf 
Sqitember  at  night ;  for  Jie  came  to  ImImML' 
Which  agrees  with  all  that  the  other  siliund 
say,  which  was,  that  he  intended  ts  go  Itl^ 
cobel  that  night.  He  and  his  wile  both  tcdjif 
that  there  he.  hxkped  upon  the  second  of  lf>' 
— *^-     and  staM  there  the  Sd  of  ScyM** 


1st  of  September,  which  was  Sunday,  at  Mr. 
Genard's  house,  where  aeveial  of  the  witnesses 
did  see  him. 

And  besides,  one  Prodsrteis  yon,  he  saw 
Mas  the  91st  or  Aug^m  U  Fttlfcrd,  ai  Mr. 
I«wa^    AndhavaiywaM 
ht  the  fmm,  by  a  iimIi 


given  3^011  that  which  amounts  shaostHtdF 
monatf  alien,  that  he  roost  be  thsrs  ipM 
eiffhth  of  Septenriwr.  PorhewcntliMdP' 
with  «r  John  Sonthcnat.  logo  toivsffdii" 
on  the  ninth.  And  onr  e^toee  ii  *»  I 
credMe,  baoaiM  thay  mnv  cnndiiitr« 
thwmHMliin«iii»> 

I 


STATE  TRIALS. 

«^  they  \n\[  not  take  upou  ihero  to 
articular  Ume. 

Ulemi;R,  we  ^Weyoa  an  aoc^unt,  by 
tbat  were  m  kufl  company  where 
y  day,  all  ih\pns;  from  the  time  lie 
^  down  to  tlie  tirae  he  came  to  ^r 
coat's  house  in  Surrey.  And  this 
c  up  tJie  ninth,  tenth,  eleventh^  and 
fpteinbtT :  there  arc  fonr  days  ;  and 
ore  one  Hay.  Then  he  sold  Mr. 
bis  borse/  Mr.  Southcoate  lent 
sc  to  eoine  to  tovin  ;  and  the  next 
come  to  town ;  and  so  we  have 
I  to  Saturday  the  foifrteenth  ofSep- 

let  all  the  world  lie  jud^,  il'  there 
Mkt  room  itfft^  that  ^ly  one  wnrd 
pi  snid  con  be  true;  even  tpvinif 
itiidc  of  lime  he  him*«etf  desires, 
I  witnesses  must  be  allowed.     No, 

one  minifte  for  bim»  wherein  be 
red  in  any  one  tittle  ol  his  evidrnre, 
1*8  beinf^  iti  town.     And  this  is  that 

(am!  sure,  well  I  may  so  call  it) 
iti?e  pr«Mjf,  that  what  Uateti  did 
erly  i'jise. 

n,  the  jury  had  not  this  evidence  at 
reLand  :  some  there  were  that  went 
>wn  with  bim ;  und  sCKne,  one  or 
vprhnmjjton,  were  at  the  ft?c  Je- 

but  not  abov«^  Bve  or  six  in  all 
w  odd,  that  now  appear.  True  in- 
I  these  Tvere  not  there;  and  Ireland 
afortunately  sulfereil ;  for  m  J  may 
>  say,  it  »*is  UQibilunately. 
a  baa  said  one  thing"  unto  you, 
lys  much  stress  u[K>ri :  be  would 
k  upon  it  as  a  ^reut  barilship,  that 
tion  come«  so  late ;  and  that  it  is 
'  eix  years  liuic  spent,  this  should 
u  foot. 

letnen,  I  cannot  but  with  much 
^mber  to  you,  and  I  know  you  all 

too  weU;  that  there  was  "a  thm*, 
y  of  Lnndoa  was  so  far  corrupted, 
become  a  refuge  and  a  sanctuary 
Lson;  wht-u  there  was  no  justice  ro 
ihe  kincT  iht-ie;  when  raen  lodtfeil 
lithin  those  walls,  as  a  protection 
ispiradt?s:  wc  all  rememW  the 
iBdicttneuts  were  preferre^J,  aud  a 
ce  ^fen  to  a  gi:\w\  jury,  even  to 
itisjaction  of  iill  thut  heard  it;  and 
e  ref\is«'d  to  find  i he  bill:  And  not 
were  so  abctled  by  the  ral)htc»  that 
mfe  for  the  judges  to  sit  upon  tlie 
mt  are  thin^  none  of  us  ran  for- 
ist  be  iwfri»eU!ally  rememb^ed  lo 
of  the  authors  and  contrivers  of 
ibcrefore  it  is  no  wonder  an  indirt- 
ot  preferred  airaitist  Mr.  Uates  at 
hen  the  phinest  proof  ajL,'*nrnbl  rri- 
I  not  \i§  admitted.  And  this  will 
man  sOTsifactiot*,  why  it  has  been 
id  1  hope,  at  the  same  time,  give 
I  caution,  how  tbey  M  into  the 
l«(uce«  «g^ia« 


But^  ^ntlemen,  you  have  betird  tbe  evi* 
denrti  that  is  now  offered^  to  prove  this  matter 
of  fact ;  and  tt  is  a  plain  denion&tr:itton,  If  you 
will  believe  that  Mr.  Ireland  was  seen  by  these 
men  at  all,  be  was  seen  at  those  very  times 
they  have  parricutiirly  declared  ;  For  ii|hiii 
consideration  of  the  rircumstauccs,  it  is  impos- 
sible ii  should  be  at  any  other  limes  ;  and  so  | 
leave  it  to  you  to  judtJe  upon  I  he  wliole,  whe- 
ther tbe  (let'eiidant  be  perjured  or  no. 

L.  C,  J.  Gentiemi'n  of  iHe  jury » this  case  has 
taken  up  a  great  deal  of  tiuw ;  but  it  is  a  cibu 
of  tbnt  moment  aud  coo^etpience,  that  sure  uo 
time  ouyrbt  to  be  thou^^bt  tmj  long,  that  is  cm- 
ployed  tor  the  discovering^  of  the  truth,  uo  ne* 
re«siury  to  l>o  discovered,  a*<  ihe  muttf  r  now  tn 
question.  For  as  1  said  at  tbe  bt  j^mnin^  upon 
this  occasion,  ami  I  cannot  hut  say  it  again 
oovr  ;  f  eonfeiyj,  I  caimot  without  horror  and 
trerabling^T  retiect  upon  the  n»any  tulscbiet's 
and  incouvenieocc^^  we  bavc  been  run  unto,  if 
the  testimony  given  this  day  in  this  cause 
n^s^ainst  Oaies  prove  true,  a^i  1  cannot  in  the 
leaiit  imai^ine  where  there  stiould  remain  the 
least  objection  against  the  truth  of  it ;  1  cannot, 
1  g!iy,  but  bewad,  that  an  many  Innocent  i>er- 
snns  (to  the  reproach  of  our  nation  be  it  spoKen) 
have  ^iuHered  death  upon  this  account. 

God  deliver  me  from  having  tbe  least  staiti 
of  inuuceut  blood  imputed  to  me!  And  it  is 
more  lo  be  lumented,  when  we  see  thai  impu« 
dence,  which  has  brought  that  infamy  upon 
our  land,coatinuea  with  a  brazen  face,  defying 
all  i»bame  to  this  flay.  But  by  this  w«  may  Im 
informed,  hovv  some  men's  cooscieuces  are 
seared,  and  that  there  are  some  people  that  do 
indeed  live  without  the  fear  of  God  in  tbe 
world.  For  if  that  tnan^  who  has  assumed  to 
himself  the  habit  and  cbai'acter  of  one  that 
BhouUi  preach  to  others  religion,  virtue,  and 
the  tbiug-s  that  become  true  cbrislianH,  shall 
become  such  a  monster  of  impiety  and  inijHi- 
ilence,  in  defiance  t)f  hearen  and  earth  ;  what 
greater  and  more  mftnifest  proof  can  there  be 
of  a  seart'd  couijcicnce? 

I  cannot  but  lament  likewise  tbe  wieketlnean 
of  our  agfc,  when  I  reflect  upon  the  testimony 
f  f  that  other  wretch,  (indeed  I  cannot  use 
I' nns  severe  ennut*h  for  him)  that  when  he 
vrns  going  into  another  world,  sfiould  |>er^ist  in 
Nuch  ^ross  falsities  ;  I  mean  Red loe,  inliimoue 
Bedloe  ;  and  let  bis  natne  be  for  **vt^v  infamous 
to  all  itiJtnkind,  that  have  &ny  reuar^l  o\-  defcr- 
enee  for  the  truth;  that  be  jibould  with  bis 
latest  breath  dare  Jo  atlrrm,  that  every  word 
he  hadsflid  of  tJie  P*M»!"h  Pled  wis  true;  it-hea 
it  !!»  an  clear  as  llie  sun,  by  the  testimony  of 
tbi"?  day,  that  every  word  he' swore  about  fre-k 
laud  vnis  utterly  false.  Good  Got  I  of  heaven  I 
Wlial  au  ajfire  have  we  Kvcd  in,  to  st*e  innocence 
suHer  punishment,  and  impudetit  falsity  retj^ 
solotig! 

Gentlemen,  I  bope  all  eyes  are  opened,  (I 
wish  they  had  been  so  lonj,;^  since ;)  let  us  by 
Ihe  burden,  the  infamy  and  reproach  of  tbc^e 
tkiof^,  upou  tbeai  that  tteserve  if  i  fur  wc  can- 

40 


1899]  STATE  TRIALS,  1  James  11.  l685w— TrW  of  Tihii  Oatu, 

not  but  know,  we  are  reckoned  ax  a  by-word 
to  all  our  neighbours,  and  shall  remain  monu- 
mento  of  ignominy  to  all  succeeding  ages  and 
times,  if  we  do  nut  endearour  to  discharge  our- 
selves and  our  religion,  and  the  justice  of  our 
nation  I'rom  these  scandals. 

Gentlemen,  I  think  I  am  obliged,  in  the  first 
place,  to  take  notice  of  what  Mr.  Solicitor -ge- 
neral has  mentioned,  concerning  the  insolency 
of  tTiOKC  times,  wherein  the  faction  was  grown 
to  that  extravagant  height,  that,  in  truth,  a 
man  durst  not  appear,  with  safety  of  bis  own 
life  and  fortune,  to  testify  the  tnith.  And,  is  it 
not  a  shame,  that  it  should  be  remembered, 
^hat  one  of  the  witnesses  this  day  testifieth  ? 
That  when  he  came  to  appear  at  the  Council- 
table,  to  attest  a  matter  or  &ct,  before  this  in- 
nocent blood  was  spilt,  (for  so  I  must  call  it,  if 
that  which  has  been  sworn  this  day  is  true)  the 
rabble  should  be  so  boisterous,  as  to  cry  out, 

*  Where  is  that  rillain,  that  dares  come  to 

*  g^ve  evidence  against  Oates,  the  Saviour  of 

*  the  Nation  ?*  Oh,  horrid  blasphemy,  that  no 
less  an  epithet  should  be  given  to  such  a  pro- 
fligate wretch  as  Oates,  than  that  which  is 
only  proper  to  our  blessed  Lonl !'  As  though 
Gates  had  merited  more  than  all  mankind ;  and 
10  indeed  he  has,  if  we  take  it  in  a  true  sense  : 
He  has  deserved  much  more  punishment,  than 
the  laws  of  this  kind  can  inflict. 

And  I  must  needs  say,  Gentlemen,  that  this 
is  an  instance,  why  there  seems  not  to  have 
been  punishment  enough  ordained  in  law  for 
perjury,  because  our  law- makers  did  not  fore- 
see, that  there  could  ever  be  such  villains,  such 
miscreants,  as  these. 

We  have  indeed  anolher  instance  in  the  law, 
of  a  crime  for  which  there  is  no  aderjuate  pu- 
nishment; and  that  is  in  the  case,  where  a 
child  kills  his  father :  Parricide  has  no  peculiar 

i'udgment  assigned  for  it ;  but  we  are  forced, 
because  these  things  have  been  sometimes 
practised,  by  a  construction  in  law,  to  make 
that  child  as  a  servant  to  his  falhtT,  niid  so 
punish  him  with  thejudginent  of  petty- treiis«in ; 
but  take  him  immediately  as  he  is  a'chiid,  and 
not  us  a  servant,  and  I  say  there  is  nu  parti- 
cular provision  in  law  to*  punish  such  uii  of- 
fence :  And,  what  is  the  reason  of  it  1'  Kecaiise 
it  is  so  unnatural,  and  asfaiiist  the  inia^^iuatiuns 
of  mankind  to  believe,  there  ever  could  be  such 
o  wicked  child  in  the  world. 

If  that  be  not  to  be  imacrined,  how  could  it 
be  imagined,  that  there  should  be  such  horrid 
villains,  as  should  attempt  the  destruction  of 
the  government  of  three  kingdoms?  Good 
Lord  !  What  times  do  we  live  in!  Surely,  it 
is  such  an  age,  as  was  never  known  from  the 
ci*eation  of  the  world  to  this  day. 

And  to  this' must  be  added,  what  aggravates 
the  mischief,  that  all  this  is  done  under  the 
umbrage,  countenance,  and  pretence  of  law ;  the 
proceedings  of  law,  the  usual  methods  of  jus- 
tice, are  made  the  instruments  of  the  most 
horrid  injustice.  The  murder  of  our  late 
blessed  sovereign,  kin«r  Charles  the  Martyr,  of 
ev«r-happy  memory,  taough  a  crime  wbigh  in 


itself  as  the  law  knows  of ;  yet  1  may 
was  aggravated  very  nnich,  that  that  ui 
nate,  but  glorious  kmg  should  be  brou 
the  block,  by  a  pretext  of  law,  and  cut  c 
colourable  methoil  of  justice ;  it  is  thai 
makes  that  murder  ten  times  morebtae 
famous.  So,  gentlemen,  the  dettroc 
poor  innocent  persons,  by  false  accoaati 
the  |>emiGious  evidence  of  perjared  witn 
a  court  of  justice,  makes  their  crime  in 
more  odious,  than  common  murder. 

Gentlemen,  I  cannot  but  speak  with  y 
in  a  case  of  this  nature ;  and  I  the  rathe 
so,  because,  at  the  time  when  those 
were  done,  we  all  know  the  nation  wi 
hurry,  and  a  sort  of  ill-minded  men  ha 
in  among  us,  who  bail  blown  us  up  to  i 
height,  that  nothing  but  what  compli 
their  malicious  and  devilish  designs  m 
believed  ;  when  tbe  king  could  not  get  c 
justice  done  against  letd  traitors ;  Mittl 
streams  of  justice  were  all  corrupted, 
the  fountain  (God  be  thanked)  was  pi 
pnre. 

When  the  factions  (by  cabals  and  inl 
had  got  sherifTs  ol'  their  own  party, 
boured  to  get  all  other  officers  oftbc 
wicked  principles,  then  came  all  those  ra 
we  so  long  laboured  under.  When  tb 
lows  that  had  so  great  a  share  in  the  L 
hellion,  were  tbe  only  fit  men  to  be  trust 
the  government ;  and  all  tlie  while  wt 
signmg  to  destro}'  it,  and  to  bring  us  i 
same  miserable  condition  we  forn^erly  i 
Was  it  ever  (I  speak  to  you,  Coiit!i 
the  Jury,  citizens  of  l^>ndou,  who  k 
ancient  constitution,  and  have  too  well 
rieneed  its  late  coiiv  ulnions)  was  it  ever  i 
till  justice  was  dcsi^rntd  to  be  oon  uptc 
there  was  any  labouring  to  Ik*  slienff 
endeavours  «crc  alvva\s  usfd  to  be  ej 
and  fines  paid  to  get  oft'  iVom  ihat  offic 
the  reason  is  plain ;  for  never  was  there 
and  weiilthy  citizen,  that  had  a  uiiiid.  o 
principal  part  of  his  rstcle,  to  squalid*  ra 
much  as  is  necessary  to  defray  ilie  <'l>.i 
that  ofiice :  but  it  was  the  desipi  that 
rascals  liad  upon  the  governincnf,  tbit 
them  8o  greedy  (>f  those  |ilaces;  aaii 
thought  they  had  now  an  opportiAiity  to 
their  design,  upon  these  fellows  preteodc 
covery.  They  believed,  that  because  w 
hurried  into  the  mischiefs  of  the  late  tint 
pretences  of  Popery,  the  same  bait  w* 
swallowed  now :  tirercfbrc  the  cry  uiusl 
up,  »  Popery  was  a  coming  in.*  The 
eluded,  if  they  could  but  make  use  of  the 
engines,  they  bliould  have  the  same  effect 
ness  a  peer,  that  is  now  dead,  one  that 
main  instrument  of  our  confusion  in  tl 
times,  and  thereby  experienced  in  tiHain 
made  use  of  as  the  chief  tool  in  these  lat 
trivances. 

But  alas !  when  they  fbund  those  in 
and  projects  would  take  no  longer,  w 
fly  to  that,  which  was  indeed  the  bottoa 
I  mean,  The  Bloody  Qoospiracy.    Wte 


301] 


STATE  TRIALS,  1  James  II.  l6B5.--for  Ptrjvry. 


[1302 


lund  they  cmild  not  overthrow  the  govem- 
lent  by  methods  of  law,  they  betake  tlieni- 
elrea  to  downright  treason,  iw  by  this  time 
le  eyes  of  the  honest  citizens  were  opened ; 
nd  tbey  found  what  interest  was  driving  on  : 
nd  it  was  time  to  have  them  open,  when  a 
Boae  in  Guild-hall  was  always  tried  according 
>  the  characters  of  the  client,  and  not  the 
MritB  of  the  cause ;  when  if  a  man  was  blasted 
rith  the  name  of  a  Tory,  he  was  sure  to  lose 
:  bul  if  a  whining  rascal  was  sanctiftetl  with 
M  name  of  a  Whig,  he  was  sure  to  have  it 
D  oa  his  side:  witne^vthe  famous  cause  of 
f  r.  Loades  about  his  lemons. 

Bat  when  SbcrifTs  came  to  be  elected  in -due 
Bmner,  such  as  were  fit  to  be  trusted  with  the 
Sty  business;  what  do  they,  but  break  out 
■Id  m  horrid  conspiracy,  to  take  away  the  life 
f  that  blessed  king,  that  merciful  prince,  so 
ildy  deceased,  to  the  grief  and  sorrow  of  all 
m  m'ms  and  loyal  subjectv  ?  and  not  only  so, 
■t  to  n»  us  of  his  sacred  majesty,  our  pre- 
■Bt  most  gracious  sovereign  ;  whom  I  pray 
Sod  to  preserve  long  to  reign  over  us.  VVo 
vhijeb,  the  Auditory  gave  a  great  acclamation, 
■ymg,  Amen.] 

.  Gratltmen,  When  these  things  arc  thought 
90D«  you  must  give  roc  leave  to  observe  (let 
Mhers  thmk  what  tliey  please)  that  was  the 
Ml  Plot,  the  true  Plot:  for  there  is  one  thing 
AKrvable,  that  attends  this  whole  affair,  that 
My  man  who  suffered  for  the  plot,  which  the 
■jtoiwiu  truly  call  Oates's  Plot,  to  a  man  de- 
Md  it,  even  tp  the  last  gasp  ;  and  took  it  upon 
Mr  deaths  and  salvations,  that  they  were  in- 
Dt:  nay  when  they  had  not  those  hopes 
\  had  of  life,  (for  I  cannot  believe,  that  he 
have  been  so  egregious  a  villain,  as  to 
I  attested  such  notorious  lyes,  if  he  had  not 
1  to  haverecoveretl,  and  thereby  increased 
^OWD  reputation)  yet  not  a  man  of  tlie  others 
■t  disowned  it  with  their  dying  breath .  Now, 
■  tlM  otlier  side,  there  was  not  a  man,  that 
**■  ooncemed  in  the  conspiracy,  of  which  this 
^■s  to  be  the  blind  and  the  colour,  had  the  con- 
'viee  to  deny  it,  when  they  came  to  suffer  i'or 
•^AU  this  ought  to  be  put  in  the  balance,  and 
"V  weighed. 

ywr.  Gentlemen,  because  it  \i  a  matter  that 
^ot  oolv  public  here,  but  all  the  world  over, 
*  mHt  nave  the  justice  of  the  nation  vindi 
^^9  and  its  disreputation  wiped  off".    Am 


lore  you 


Vint,  You  must  observe,  that  this  Indict- 
^t  against  Gates,  is  for 


committinijf  wilful 

'    aUo  said  to  be 

s  false,  surely 

his  false  oath, 

k  ioBooeDt  men  been  convicted,  condemned, 


^  eorrupt  Perjury  ;  which  is  a 
1^9  Maliciously.  And  if  it  were 
^la  malicious ;  because  by  hi 
'^  ioBooeDt  men  been  convicted, 


^ 


ly.  Yon  are  to  consider,  how  far  the 

goeiy  to  make  it  material  to  the  issue : 

k  won  upon  a  nicety  only,  or  a catchi'or 


any  of  those  fine  wonis.  that  he  has  been 
pleased  to  make  use  of,  it  wen*  nut  fit  to  perjure 
him  upon  it.  But  it  is  certainl)*  »<  ry  material : 
tor  time  and  place  are  maltens  substantial  to 
discover  truth  and  falsehood  by ;  as  in  the 
case  of  Susannah,  the  ])eijiiry  of  the  Elders,  a» 
you  may  remember,  was  detected  by  those 
very  circuinstanres.  But  I  shall  shew  you  the 
occasion  of  this  bath  ;  and  that  will  manifest  it 
to  be  a  material  part,  in  respect  of  the  time. 
For, 

First,  Here  was  a  consult  held,  as  he  testi- 
fietl,  the  124th  of  April,  1678 ;  and  tlivn  he 
sw(»rs  Ireland  was  in  town,  and  present  at  the 
consult :  But  all  that  Gates  swore  would  not  do 
the  feat,  because  that  he  was  but  one  witness. 
Then  comes  Bedloe  his  worthy  yoke- fellow  (a 
brace  of  such  witnesses,  as  the  Lord  deliver  all 
mankind  from.)  and  he  assigns  another  fact 
u|K>n  Mr.  Ireland,  in  the  month  of  August,  the 
latter  end  of  it,  or  the  beginning  of  September ; 
which  is  material,  and  makes  two  witnesses 
against  Ireland,  which  Gates  knew  weU 
enough  :  For  he  is  his  arts- master  ;  be  knows 
all  the  tricks,  and  can  tell  the  very  nick  that 
will  do.  And  therefore,  when  he  finds  Mr. 
Ireland  so  positively  affirming,  that  he  was 
then  out  of  town  ;  and  if  so,  Be<llo«  did  not 
swear  true ;  then  does  this  Gates  come  in,  (and 
thereby  makes  his  testimony  material  to  the 
point  then  in  issue,)  says  he,  the  first  of  Sep- 
tember, or  (at  least)  the  second,  1  wiH  swear  iio 
was  in  town  ;  fur  he  gaVe  me  twenty  shillings. 
And  thai  is  given  as  a  token,  why  he  does  re  • 
member  it.  And  thus  hedi«l  prop  iipBedloe's 
testimony,  againsit  Mr.  Ireland's  defence. 
This  is  prove<l  to  you  by  Mr.  Waterhouse,  who 
was  one  of  the  jury.  And  the  same  thing 
does  the  next  gentleman  swear,  which  is  Mr. 
By  field :  They  do  both  agree  in  that  ciicnm- 
staiice  punctually,  that  he  swore  he  had  then 
of  him  twenty  shillings. 

Ay,  (but  says  he  tor  himself,  because  I  would 
remove  the  objections  out  of  the  way,  a6  they 
occur  to  ine)  it  is  very  hard,  this  lieing  now 
some  six  or  seven  years  ago,  that  I  should 
be  called  to  question  about  such  a  thing; 
when  they  might  have  had  a  time  to  disprove  it 
betore. 

Besides,  Gentlemen,  the  answer  that  has 
been  truly  given  to  you,  concerning  the  mi- 
serableness  of  the  times  ;  when  the  truth  of  it 
is,  there  was  no  jnstice  to  be  had  (or  Protes- 
tants,  if  we  speak  of  tlie  Church-of-£ngland 
men  under  tliat  name:  For  either  the v  were 
Papistii  in  inastiueraile,  or  Popish ly  affected  ; 
or  the  names  of  Tory  and  Tantivy,  and  I  know 
not  what,  was  enough  to  do  their  work  tor 
them :  and  nobody  was  reckoned  of  the  sober, 
virtuous,  godly  party,  but  those  that  were 
under  Assticiations  and  Covenants  :  as  though 
there  was  no  sanctity  to  be  found  in  any  but 
thoae  who  were  bent  to  destroy  all  virtue  and 
religion.  1  say,  besides  that,  there  is  an- 
other answer,  which  1  am  sorry  has  so  much 
weight  in  it:  Conld  any  man  have  believed 
thai  Ostes  •bookl  dare  so  impudently  lo  swesr 


k 


I 


t 
I 


any  other } 

be  same  objectiati  nMiielD  Ibem ; 


STATE  TUIALS»  1  Jambs  IL  i685.— Trio/  ^Tlliit  €Mes, 

a  Utsehood,  and  that  in  «  cauae  where  life  was 
eooi^emcd  ;  and  the  man  haii^ed  upon  bis  les* 
timmi^  f  To  what  purpose  tb«n  Hbould  his 
Brialitnis  inU?rpotie  to  clisprofc  Oaian,  Atler  hii 
jeati)  'i'  "Tliut  wohU\  not  revire  him.  But  you 
#tid  there  wii«i  an  inciuntioii  that  way,  and  1 
wikJi  to  Gudf  \u ih  uU  my  heart ^  it  had  taken 
efleci?  For  what  says  the  old  gentlewoman  ? 
As  aoitn  as  she  heard  what  Mv,  Dates  had 
sworn,  w  hich  she  knew  to  he  false,  inofnediateiy 
she  dispatched  un  ejicpre^s  to  Loudon  ;  and  i 
sent  a  petition  to  thekttisr,  *  That  eitiier  Ireland 

*  mig^ht  Im\e   a  new  ti'ial,   or   bis  execution 

*  mJ^ht  he  reprieved,  till  they  hrou^t  up  such 

*  \^'-  lis  would  huye  m^de  it  apparent, 
'  M  •-  a^iiiie  h)^ht|  that  what  thiti  fellow 

*  ii.Kj  I' -ii tiled  >*  as  notoriously  false.*  But&ucb, 
sucht  1  must  SAV,  was  the  mi^» fortune  of  the 
time  we  w  ere  in,  that  stopptid  the  fountain  of 
mert'y  its^elf  from  letting-  fnrlh  lis  wonted 
streams  ;  and  even  compelleil  that  compas* 
sionuie  prince,  rather  than  lie  would  gk\  cany 
dii^iurbaoceto  his  people,  to  permit  that  exeeu- 
tion  again;a  bis  own  inchnation  ;  because  there 
was  a  vervliet,  and  judgement  in  the  cai*e-  For 
as  be  was  ix'iilly  the  Foimtnin  of  Justice,  !*o 
wfl»  be  id'  Mercy  too.  And  it  is  well  known 
to  tlm?te  that  had  the  hiippiticss  to  he  near  Ins 
Dcrsnij,  how  ufl  he  ex  pressed  his  concern  thr 
tiavuij^^  consented  to  this  Execution*  And  this 
continued  wiih  bim  even  to  his  d^injjfday^  as 
the  busintsis  of  my  lordot  ^traflord  did  mthhis 
royal  lather. 

And,  (icntlemen*  I  chose  to  mention  thitj 
pafsngf  concerning  hi*  latt*  majesty  for  this 
rea&uni  Thni  when  we  lire  in  such  tuaitiltuofis 
times,  wht^u  things  aie  put  so  bard  upon 
princes,  as  to  eumpet  them  to  restrain  ibeir 
mercy,  where  they  think  it  rine,  rnlherthau 
secjn'to  stop  the  current  of  justice;  iliis  shonld 
IM>t  be  vemerobcred  w  ith  sny  retk'e4iou  upon 
Ihero,  hut  with  infamj'  to  those  that  are  the 
causes  and  gronndu  ol  it :  when  sudi  prodi- 
gtoffs  wretcw^,  as  Oates  aud  Dedloe,  f<»r  tbeie 
appears  no  eridtaice  before  you,  hut  of  those 
two  profligate  vdlains,  who  came  out  of  s^nh, 
and  ntler  huvinjf  been  gfuilty  of  rillainieijaliniisl 
of  sH  sorts  thill  ef  er  were  committed^  came  to 
be  saiiciilied  by  com  milting-  more  ;  and  were 
iherefure  caUeiJ, '  The  Saviours  of  tjje  Nauon.* 

Gentlemen,  the  ilext  objection  that  is  made 
agam»tthe  evidence  furlbV^  kintr  is,  TJjst  they 
are  all  Pitpiiirs;  who  desi^i  noihincr  but  to  de- 
stroy the  giivernn;eui,  and  ruin  the  Fmte^tant 
religion.  And  this  must  be  taken  to  be  the 
whole  desig-n  of  ail  these  persons  of  f|uality,  aud 
others  that  they  come  to  forswear  themselre*;, 
and  damn  their  aiiuU  to  iiUsteroity,0[i  purpose 
only  to  destroy  innocent  Protestant  Mr.  Oates. 
Alack-adft^  !*  When*  althe  same  time,  1  must 
teli  you»  if  It  were  necessary,  you  have  about 
•even  or  eight  Proti'stant  witnesses  of  the 
Church  of  Kni^land  that  conBnn  the  testimony 
of  the  rest  i  uot  ibut  we  must  think,  or  oufipht 
to  have  any  such  omceplron  among  us,  but 
that  Roman  CathoUcs  in  point  of  law  are  gt»od 
iritnesses,  and  arts  to  be  ctediled  M  caoch  as 


«rUc^««di 


IIS  evti   ii 
It  is  as 

(;;nd  sucii 
lo  lye  w  Vosffi 
1 V  inlu  than  (Vj  «*  ' 
asoftfioiiif 

iirth  vt^ 


be  the  satoe  against  *  Ft^imiWd  «0  «  ^^fi^t 

For  there  remains  a  right  tii  IfMsn,  sad  4^ 

ought  to  have  equal  credit  gtTeji  lo  their  lo^,. 

mony  with  those  of  any  other  uervueaon, i^ 

regular  objection  be  not  stariea  agiina  ibc 

And  sure  I  am,  that  has  beieo 

and  shall  be  ra v  practice,   while  . 

thing  Vi  do  with  the  admioistralioo  of^ 

Let  the  sober  party,  as  they  call 

make  what  retl^^ttioni  ihf-y  fd* 

trouble  tbentse  I V 

them  not,  nor  ti 

many  peony  p< -51  letters   nu-i 

have  A  mind  to  do  ;    two  of  v 

last  night,  about  yesterday  a  ivi 

sure  or,  Ijiog  is  aa  much  the  > 

nation  of  a  Pre*'"  ♦' 

Papist:    nay^  u 

incident  to  a  P^ 

whining",  cand 

They  can  no  ui  > 

forbear  speaking;  U 

do  the  one,  they  do 

De^idcSf  I  mu^t 
caution  I  care,  and  &. 

and  action,  all  these  gi:iitlc;ai«:n  4od  stoi 
hiive     deJtvercd    their    lealiitioiiy,    wtlli  As 
gi^eatest  tendemea  and  care  that  |toiaiyj«ii 
be  :    and  as  well  as  they  hsTf*  giviatavi'l 
caution,  Ml  1  cannot  but  pat  it  Uoine  tsi 
gentietnen  at  the  bar,  to  give  k  ita  4i 
sidcrution* 

For    though  the   oth«T  juries    did 
Oates,  and  not  tbem  at  that  linae  ;  jm. 
is  not  to  be  yotir  measufc,  becaasifle  yea  f 
not  the  same  rcA^n  lo  do  it,      €MA 
person  think,  \[  !  be  iitdi li 

upwu  earth  as  iwcar 

treason ,  a  -  '  w  sabjeeia,  il, 

were  noli  >atioti?  Tbataaitli 

thing  that  i^uiU^^U  ib{>^  juries,  wbo  wei«tM  if 
them,  no  doubt,  wery  honest  men  s  and  Ail 
was  it,  which  intloenced  the  (larltaaaeat  ts^ 
Afhat  they  did  m  the  matter.  For  it  wis  m^ 
ally  ifnp4issibie  to  1m?  tb'>  '  '  v  sn«li  wkI^ 
cdup'^s  I'ould  t>e  so  pubht  f?d. 

But,  God  be  thanked,  inc  c^  u^  ut  all  boaiA 
and  understanding  men  ore  0|*eiied;  aadvi 
see  the  fault  was  in  our  (rredtility  ;  and  M 
these  were  fellows  should  not  bare  tMsea  li^ 
Heved  :  and  it  concerns  u^  when  thr*  truth ks 
Ijeen  so  debauched,  and  our  *. 
poHcd  ujMjn,  to  shew  the  woi  ,-i  i'- 

sentment  (hereof. 

And  this  1  say  to  yon,  genUeioen,  sridi  i 
mirpose  to  vindicate  those  penMOs  who  wot 
concerned  as  jarorft  in  the  trtala  of  all  libaa 
causes  :  because  that  is  the  thittf^  much  Um^i 
upon,  and  aimed  at  :  That  liecauee  he  wis  ith 
lieved  before,  to  disbcUeve  bim  po^  wnaM^iA 
a  reOection  upon  the  j mica  ;  wberaaa,  if  ilit 
opinion  hold,  never  wilt  there  ba  aarjr  9aA 
thing  as  perjury  detected^  ao  Itmg  as  lae  tm 
and  moon  enilure :  for  tf  a  irepdkt  ho 
upon  fah»e  testimony»aiul  it  diall  ba 


V 


STATE  TRIALS,  I  Jambs  11.  xU^^—Jor  Prrjury. 


[1305 


i  tty*  I  vras  bdieved  at  such  a 
*!«>  out  you  oft'er  lo  pro* 
»r  pin;|nry  ;  Tlifti  ivouUl  be  th<? 
It  that  cfnilJ    be  tiiiightf  U>  give 

i>y  all  truths,  justice,  and  hu- 

ate  it  home  upon  you.     Upoti 

*.  be  it ;  for,  iw  tV  '  tjce  of 

heaven  and  t  sees 

Hd  wiiljutlge  lis  i\n  sMii  ill  ward 

huA  day,   ^  liM.^ravt   nnitnnm 

L  can  1111(1  all  ilie^e  pt^'^im^  (In 

iy-nerrn)  guilty  of  wilful^  U«»wii* 

E,  aiui  corrupt  l>ei'juryi  tlieo, 
the  dt'hMulHiU. 
ularsot  tin*  evidence,  whioh 
fnatiy  itmUTial  oi re nm stances  lu 
"  aimI  pbce,  I  slmll  run  iheui  over 
I  cam,  ftod  remind  you  of  iliem  ; 
I  think  it  exlraoi  dinary  necessary, 
fi«r«  were  the  lesD^i  doubt  of  the 
the  satislsM-'ticm  of  all  ujankind, 
Mtfor  iiivincibte  prejudice  as^aiiist 
Md  I  am  «ure»  upon  yeaterday's 
m  remained  nat  any  doubt  wVh 
rtl  it^  save  un«,  who  I  know  had 
i  in  tt»e  desi'^n,  that  was  at  the 
iiud,  I  doubtf  was  one  of  those 
1*1  this  villain  on  work  :  hianatne 
for  the  present,  but  a  few 
nver  it  here,  or  in  aoros  other 

n,  what  Mr.  Attorney,  or  Mr.  8o- 
aJ,  or  any  of  the  kind's  counsel 
'  what  the  defendant  has  wiid  far 
ot  prvived,  and  made  plain  by  ©vi* 
ae  no  tfutdauce  at  all  to  you|  who 

r^*  ^  ng  to   the  "testimony 

I  (Mii-suantlrt  your  oath, 

ihi  I  luf  •>i  your  enquiry. 
tfisea  that  prove,  that  he  did  awear 
be  painK  in  the  indietmcnt  ;  I 
ition,  they  wen-  so  fid  I  .  They  tell 
I'  I  hut  Ireland  was  in  <ownVri.>ni 
I  Aui^UHt  :  but  because  he 
.  ut  firwt,  I  here  was  caution 
iv  not  so  precise  to  a  day^  consider 
f.  Then  cnmes  he  to  #tnh  the  bu< 
«|iiiek,  and  to  rivet  it  home  ;  If  I 
dUive  10  the  8th >  I  will  be  positive 
•  «th  and  I  nh.  And  m  to  the 
I  did  observe  hi-forc  thai,  U'oau»e 
nt  a  Miuul,  upun  ]rrltitar»  denyinij 
town  the  laMfr  end  <d  Aug-ust  or 
lip  of  September,  thereto  re  comes 
UHf  to  !ix  it  home  ;  and,  suys  lie,  I 
t».i.».  M^  )own  the  Istor  5id  of  Sep- 
;^avc  Tue  twenty  Hhitlin^a. 

■P  IH    r>^-  ''If   to  a 

w  Mr,  8!»jit)tor  «i<»e^  observe,  not 
ne  Utft  to  give  ai*v  Kiirt  of  coun* 
rhat  he  iwore,  b  thus  mode  out  to 

I  are  to  take  noheis  that  upon  th« 
»t,  hcuig  8itarddy,  it  t»  aworn  by 


three  or  four  witnes.ies,  Thai  he  went  out  of 
town  ;  and  this  isnot  sworn  as  Mr,  Gates  gave 
hia  eviilcnce  positively  without  circunjfilaDeeiy 
but  they  give  you  aii  account  how  they  re* 
member  it  \  because  upuu  the  Wednesday  he* 
fore,  which  was  a  public  day  of  note  among^ 
them*  and  always  kej>t  as  •  festji  a1  in  memory 
of  St.  I^^natiuHt  ufKxn  the  laat  day  t*f  J«|y»  *■ 
iioth  they  and  Ms.  Qatea  hirneielf  do  apnot 
there  went  Mr.  Ireland,  Mrs.  Ann^  Ireland, 
and  their  mother  out  of  Iowa  to  a  friend*i 
huuse  to  dinner.  Mrs.  Ireland  did  dcsime  bim 
to  6tay  there  all  night,  as  she  did.  No,  sayi 
he,  1  cannot  stay  all  ni^ht,  because  I  must  ^ 
out  of  town  on  Saturday,  and  i  roust  provide 
things  ne«-es»ary  for  my  journey  :  Nay  that  in 
not  all ;  for  it  gi>ea  yet  further.  Says  his aister 
unto  him,  Why  do  you  begin  your  journey  on 
a  Satunlay  ?  That  if  an  improper  day.  Oh ! 
says  la%  1  do  it,  hecatise  1  am  that  ni|fht  to  go 
to'my  ford  Aftlou^s  hou.^  in  Herttbrdshire  % 
where  I  am  to  raeel  with  air  John  Southcoat 
and  go  down  with  them  into  the  country  r  thia 
doea  the  mother  $wear,  and  the  ai&ler.  And 
then  the  maid-servant,  and  the  taylmt'a  wii'e, 
do  give  you  anotlier  token,  that  it  was  Satur- 
day the  3d  of  August,  l>ecause  he  had  some- 
thint;  to  be  mended  in  hi^  clothes,  and  staid 
for  them  ;  and  lie  was  to  go  out  of  tow  n,  for 
he  h.id  hia  hoots  on. 

There  is  yet  this  eireumst&nce  further, 
wherein  those'  fuur  do  all  agree,  That  as  be 
went  out  of  town  tl\e  3d  of  August,  so  be  did 
not  return  till  tlic  Uth  of  September;  ibr 
they  tiay  it  wa9  the  Saturday  fortnight  before 
Miclifielmas,  and  the  same  day  ot  the  week 
that  Miehaeluiu^-day  was  of*  8o  that  yea 
wilt  ^ud,  that  there  is  a  constant  proof,  and  W& 
j>lain  a  one  as  any  possibly  can  be  in  the  world, 
as  to  the  time  of  his  ^v\u^  out  and  coming 
home;  and  where  he  uns  in  the  mean  time^ 
proved  directly  by  a  grciit  company  of  wit* 
neascs,  eJccept  one  day.  For  yoii  sec  the  8d 
of  August  lie  weni  '\o  my  ford  Arton's  at 
Stnndtn  ;  |evf  ral  ihei*e  are  "that  ^\\  him  thero 
the  4ih,  and  dined  with  him  Iheie ;  particu- 
larly, sir  Edward  Southcoat.  Aud  to  shew  that 
it  is  not  a  thing  they  are  powtif « in,  and  swear 
it  rouudly  without  consideration,  they  give  voq 
an  account  of  the  reasons  of  their  knowh-ilg*. 
You  are  to  con.stder  alsit  the  lestimfiuy  ^ivea 
by  my  loni  Aston,  a  j»etson  of  gfrrat  honouf 
find  quahty  :  says  he,  though  I  dare  venture 
all  1  (I in  worth  in  the  worlds  ujiou  the  truth  of 
it,  that  Ireland  did  go  along  with  tr^^  all  the 
journey  ;  yH,  because  I  did  iioi  take  sitcb 
particular  notice  of  the  iTst  of  i\\v  time  as  I 
did  ot  those  two  days,  1  will  not  take  uih>n  mc 
tu  fiwenr  it.  If  My  Gates  hud  had  the  tbructli 
part  of  ihttt  caution  in  his  evidence,  1  dare  say, 
you  had  not  hatl  the  trouble  of  this  dav  s  trial. 

The  fifth,  you  have  a  great  m*uiy  wuncwea 
who  give  you  an  account  that  he  came  on 
Monday  night  to  St.  Albans  wiih  my  lor4 
Astnit ;  thei^  ts  sir  Edward  Soulhcoat.  Mr, 
Ji  i  oat,  my  loni  Aston,  the  coachman, 

ail  servant*.    Sir  Edward  tclh  you. 


!:3 
Ik 


1307J  STATE  TRIALS,  1  Jam  bs  IL  l685^7Vui/  of  Tilui  (hitt,       [IM  f 

that  Monday  was  a  hot  day,  and  my  lord  Aston  :  child.  I  mention  them  but  shortly  to  m 
took  him  into  his  coach ;  but  he  rode  a  horse-  |  because  I  know  you  have  takm  nolciiflEi^ 
back  all  the  rest  oi'  the  way,  and  had  a  fine  '  and  they  are  only  used  as  instanceitoMfai 
goinff  horse,  which  horse  Mr.  John  Southcoat  the  intiei^ty  of  the  witnesses,  thai  tkii  wb 
bou^t  of  hiui  when  the  whole  journey  was  \  not  a  thin*^  contrived  on  puqMiiet»  Hbi 
ended.  They  tell  you  likewise,  upon  the  6th  .'  story  of,  but  did  really  happen  in  the  orivikii  k 
and  7th  days,  tlie  very  inns  they  lodged  at  up-  •  tell  it.    And  I  must  remember  ;uu  of  niiv    \i 

vn  the  road;  and  particularly  at  Northampton,  j  -' ' '^'  "'- —  ^ ^  ■^' 

they  lay  at  the  Geon^,  which  was  sir  WiiUam  i 
Farmer's  house,  which  was  then  let  to  an  inn-  | 
keeper,  broause  of  the  fire  in  that  town.    And,  j 
which  is  most  material  of  all,  for  Mr.  Oates's 
•atiidaction,  you  have  for  these  tunes  no  less 
than  four  witnesses,  that  are  Protestants  of  the 
church  of  England,  who  give  you  the  same 
account.    There  are  in  all  no  less  in  number 
than  fourteen  to  this  point ;  and  whether  you 
will  believe  those  fourteen  to  be  wilfully  per- 
jured, without  evidence  to  the  contrary,  is  Icfl 


circumstance  some  of  tbem  do  iwtir,  ^ 
whereas  Oates  had  a  mind  to  evade  thdrlHi» 
mony  by  tliat  question  ;  whether  thii  viite 
same  Ireland  that  was  tried  ?  It  was  iiiOit» 
tainly  he ;  tor  that  is  made  too  eridenijy  lii^ 

r»r,  by  their  seeing  him  executed  at  T^hii% 
am  sorry  to  say,  innocently. 
From  the  3rd  of  August  to  the  96tb,  ikmi 
not  one  night  but  you  hear  where  he  !■: 
And  from  the  2Gth  of  August  to  the  Tlhtf 
September,  you  hear  where  he  wai,  M  lb 
horse- match,  ujion  the  bowling-grea,itlk 


to  you ;  and  if  they  do  swear  true,  Oates  that ,  Heveningham*s,  Mr.  Lowe's,  Mr.  Gemrfi^ 
'       "       *        ■       '  —     - .-  .GifaH 

nhlDAi 


was  yesterday  tbund  perjured,  must  be  con-  '  Mrs.  Cronipton's,  Mr»Pendrers,Mr.GiM^ 
Ticted  of  peyury  again  to-day  :    For  in  short,  {  and  Mrs.  Harwell's:  And  irom  the 


t  perjury 
the  question  is,  '>ft'hetber  you' will  believe  per- 
fons  of  credit,  that  have  no  stain  upon  their  ' 
reputation ;  or  Gates,  that  upon  plain  evidence 
was  found  gnilty  of  peijury  yesterday  ? 

When  we  come  to  Tixhall,  we  have  no  less 
■umber  that  testify  where  lie  was  fntm  day  to 

day,  and  from  night  to  night,  to  the  17th,  and  -  sumed,  he  was  either  at  Tixhall, 
from  the  17th  to  the  2Gth.  You  have  fitleen 
witnesses  more,  all  as  direct  and  positive,  as  can 
be  m  the  world,  swearing  whei-c  he  was  from 
time  to  time.  It  seems  he  came  to  Tixhall  on 
Thursday  the  8ili ;  tliere  he  staid  till  Thurs- 
day following,  and  then  he  went  to  Holy- 
Well  :  he  lay  the  first  night  at  Nuntvnch ;  tlic 
next  night  at  Eloly-Uell,  at  the  sign  of  the 
Star,  a  notorious  inn  tliure ;  he  came  to  Chester 
on  Thursday,  and  some  uf  the  (*oiiipaiiy  left 
him  there,  i>ut  others  came  back  with  him  to 
Tixhall :  who  say  lio  uent  away  on  Satunlay 
morning,  which  liapi)cns  to  he  the  i7th.  And 
tliUK  you  have,  a  full  acciMint  of  iiiiii,  quite  from  ' 
the  3d  to  the  17th,  beyond  all  controversy, 
plainly  proved  by  persons  of  undoubted  cre<lit. 
And  if  he  were,  whore,  llicy  say  he  was,  frf)m 
tiie  3d  to  the  17tli,  how  i*ould  Oates  swear! 
true,  that  ho  took  his  leave  of  hiin  here  iu  town, 
between  the  Gth  and  l'2lh :' 

Now,  1<  t  IIS  conn  fniiii  the  17t!i  to  the  'ioth,  ■ 
and  you  have  no  less  than  Htteen  witnessei,  ; 
four  whereof  are  IVotestanls  ;  which  I  urge 
not  as  a  necessary  qualification  to  i»e  a  witness,  i 
but  to  answer  Oat(Vs  ohjeetion,  as  though  this  ' 
was  a  popish  tie.siL;n  to  tiestroy  him.  They  . 
have  given  you  an  account  where  he  was  from  I 
time  to  time,  by  convincing  eircuiustaiic(«,  ' 
which  you  h:i\e  heard:  parli(  ularly  of  one  i 
day  that  he  went  to  Litchfield,  one  of  the  wit-  ! 

uesses  \\i  III  with  iiiin,  and  a  protestMnt  witness  '  man  saw  him  at  his  lodging 
too  that  <-aine  hack  with  him  again,  and  supjicd  j  wondered  when  he  came  m,  that  he  hud 


14tb,  save  only  one  day,  viz.  the  Mh,  jn 
have  a  particular  account  toe ;  and  it  diei  Ml 
j  appear  by  a  rambling  evidence,  bat  t  UM 
I  account  is  given  of  all  the  time,  MffC  Art 
eighth  day:  which  shews  the  cautioarfii 
witnesses.    And  it  cannot  but  be  cttily|» 

lall,  or  thm- 
abouts  ;  because  he  was  at  WolverhiuM 
the  7th,  coming  to  London  the  9th.  niv 
easy  is  it  to  magine  him  there  the  8di;  HJI 
the  rather,  because  where  be  was  the  8ih  ii 
not  material  to  the  point  in  questioD  bAn  | 
you,  but  where  he  was  the  1st  and  Sod? 

And,  Gentlemen,  if  in  case  you  hadiHil 
to  imagine,  he  was  the  eighth  at  LooikMi,  it 
must  he  by  a  strained  imagination :  for  )W 
must  take  him  to  l>e  at  W olverhamptoo  ik 
7rh,  and  make  him  ride  post  to  London  thit 
niglit,  and  return  post  from  London  thettthu 
Tixhall  to  be  ready  there  early  in  the  monioff 
upon  the  9th,  or  take  four  days  journey  back 
again  ;    or   else  you  cannot  give  the  \aA 
countenance  to  any  other  imagination,  but  thai 
he  was  about  Tixhall  the  tith  of  September. 

Well,  at  Tixhall  you  have  him  the  9th af 
Si.*pteiuber  ;  and  from  thence,  }0u  have  it  tO' 
tified  hy  all  the  persons  that  came  alon<r«ith 
him  all* the  way,  that  he  lay  one  night  nt  Co- 
ventry, another  at  Banbury,  a  third  at  AgmOD- 
tleshaiu  :  that  he  baited  at  |]\hiidgc  the  I'ounh 
which  was  the  ISth  of  8epiember  ;  andcuLC 
to  sir  John  Southcoat's  house  that  night,  bdog 
Thursday.  He  staid  there  Thursday  iiighi, 
and  Friday  ;  and  upon  Saturday  the  14ih  of 
September,  sir  John  Southeoai^s  man  weal 
along  with  him  to  London,  whither  h«>  mli 
upon  the  horse  he  sold  31  r.  Southeojit:  tU 
audht;>3>s,thfy 
'  idktaid 


with  him  at  her  father\s  house.  The  ap<iti:c-cary    so  long. 

tells  you,  the  iUy  that  he  saw  him  was  a  wake-  {  And  when  we  return  to  the  four  witofM 
day,  which  is  areinarkahie  time  in  the  coun- !  they  be;;un  with  at  first,  who  makeali  ihii 
try.  You  are  lold  of  the  funeral  of  one  !  teslunony  to  stand  well  together ;  tliatbevcat 
woman's  mother,  that  made  her  stay  away  j  away  the  Sd  of  August,  and  was  nevrrioto*! 
frum  Monday  till  Thursday  *,  oi  duoXlhvt  luviu'a  i  lUl  the  14th  of  JSeptember }  and  e%ery  day,  M 


STATE  TRIALS,  I  Jamrs  11.  l6ft5.— /or  Perjury.* 


[ISIO 


nber,  which  makes  nothinff  to 
particularly  spoke  to :  and  he 
It  day  too,  except  you  will  put 
hard  senrice,  to  ride  post  to 
c  again,  in  twenty  four  hours 
on,  hut  only  to  commit  a  trea- 
▼er  found  out,  but  Mr.  Gates, 
if  he  did,  he  took  a  great  deal 
y  little  purpose, 
have  taken  up  much  of  your 
^  you  the  longer  in  this  matter, 
>t  but  say,  with  grief  of  heart, 

0  longbesotted;  and  of  innocent 
leen  too  much  spilt,  it  is  high 
le  account  of  it.  It  is  a  mercy 
iSH  Almighty  God  for,  that  we 
*om  spilling  more  of  innocent 
blessed,  our  eyes  are  opened  ; 

1  care  for  the  future,  that  we. 
ly  imposed  upon  by  such  pre- 
lo.usies,  as  we  ba?e  reason  to 
ns  hare  too  much  filled  our 
e. 

is  incumbent  upon  you  to  try 
i  evidence  that  bas  been  given 
ndant  be  Guilty ,  or  Not  Guilty  f 
bent  upon  us  that  sit  here  as 
the  law  executed,  as  we  will 
tribunal  of  the  great  judge  of 
h  ;  before  whom  we  must  ap- 
e  our  trials  at  the  great  day. 
,  but  we  should  use  our  utmost 
inflict  the  greatest  ven^anoe, 
of  the  nation  can  permit  us  to 
3h  yiilains  as  tliese  are ;  that 
I  so  much  mischief  and  re- 
and  so  much  guilt  upon  them- 

am  sorry,  I  say,  I  have  kept 
t  is  a  case  of  such  importance, 
but  say  what  I  have  done  it  in. 
ther  circumstances  arising  from 
hich  I  may  have  omitted ;  but 
Uy  and  fully  spoken  to  by  Mr. 
itBOCver  has  been  forgotten  by 
I  am  sure,  will  be  sufficiently 
ir  observations ;  for  1  know  you 
of  great  knowledge  andexpe- 
1  of  this  nature. 

ry  withdrew,  to  consider  their 
liter  half  on  hour's  recess,  re- 
bar;  and  answering  to  their 
d  in  their  Verdict,  "  That  the 
Guilty  of  the  Perjury  whereof 
teil.*'  Which  being  rccor<lwl. 
Justice  spoke  to  the  gentlemen 
bis  effect. 

k  ye,  gentlemen,  because  there 
lotice  uken  to  day,  as  there  was 
«ming  the  opinions  of  Judgeu, 
that  have  been  given,  I  would 
two  to  you :  not  that  I  much 
^  of  it  at  any  time  ;  nor  would 
jrour  sakes ;  because  I  am  sure 
iiig  to  your  consciences,  and 
but  bacaoseitmay 


be  necessary,  for  the  satisfaction  of  some  people 
that  they  should  know  our  opinions  also  in  thia 
matter;  I  miutrtell  yoo,  vou  have  given'a 
verdict  that  becomes  your  honesty,  int^rity, 
and  loyalty.  And  1  declare,  in  the  nresoncebf 
Almighty  God,  the  (Marcher  of  Hearts,  that 
had  I  been  of  the  Jury,  1  must  have  given  the 
same  verdict.  Gentlemen  it  is  an  honest  and 
just  verdict  that  you  have  given  ;  and,  by  it, 
you  have  contributed,  as  much  as  in  yon  lies, 
to  vindicate  the  nation  from  the  infamy  it  liai 
so  long  lain  under; 

Just.  Withins.  For  my  part,  I  think,  if  yoH 
had  given  any  other  ve'nhct,  you  had  fouad 
against  plain  demonstration ;  the  evidence  was 
so  full  and  clear. 

Just.  Holloway,  The  court  is  very  well  sa- 
tisfied with  the  verdict;  and  you  have  ac- 
quitted yourselves  like  worthy,  honest  gentle- 
men. 

Just.  Walcot,  There  is  nothing  can  be  said 
to  the  verdict,  but  that  it  is  a  just  verdict,  and 
according  to  the  evidence.  [And  then  the 
court  arose.] 

Die  Luna,  11  Mail,  1685. 

This  day  Mr.  Wallop  moved,  that  in  refpLt^ 
the  Court  was  pleased  to  give  the  Defendant 
time  till  Saturday  next,  to  move  in  arrest  of 
Judgment,  upon  the  conviction  on  Friday  Iwt ; 
they  would  please  id  give  to  the  same  day,  to 
move  in  arrest  of  Judgment,  upon  the  convic- 
tion on  Saturday :  which  the  court  granted^ 
But  afterwards,  upon  the  motion  of  Mr.  At- 
torney-General, they  ordered,  that  a  note  of 
the  exce[)tions  to  both  indictments,  should  ba 
sent  to  the  king's  counsel  some  days  before 
Saturday. 

Die  Sahhati^  16  Maii  1685. 

This  day  being  appointed  fbr  the  Defendant 
to  move  what  he  coulil  in  Arrest  of  Judgment, 
upon  the  two  convictions  of  Peijur}' ;  he  was 
brought  by  rule  from  the  prison,  to  the  King's 
Bench  court. 

X.  C.  J.  Mr.  Attorney -General,  have  yoa 
any  thing  to  move  ? 

Att.  Gen,  My  lord,  1  pmy  yonr  judgment 
upon  Oatcs,  wlio  is  convicted  upon  two  In- 
dictments, for  two  notorious  ueijuries. 

/..  C.  J.  Who  is  counsel  for  Gates  ? 

Att,  Gen.  Mr.  Walk>p  moved  for  him. 

L.  C,  J.  What  is  that  Mr.  Wallop  has  to 
say  ? 

Oates.  My  lord,  I  desire  I  may  speak  ope 
word.  It  was  Thursday  ni^ht  before  my  attor- 
ney could  make  an  end  of  cxaiiiiniug  the  re- 
cords ;  sir  Samuel  Astry  knows  it  very  well : 
then  I  sent]  the  rule  to  those  gentlemen  that 
were  assigned  to  be  mj/^  counsel ;  and  the  ex- 
ceptions were  delivered  in  but  yesterday.  I  pray 
I  may  have  a  day  or  two  more,  that  my  oountel 
may  be  prepared  to  argue  for  me. 

L,  C.  J,  We  cannot  do  that ;  we  gave  yoa 
beyond  tlie  ordinary  rules,  in  extending  it  imtil 
to-day. 


IMKS II*  1585.— Trifl/  9f  TifmM  Oafn, 


^ 


tlie  records  ;  he  bad  copies  of  Ibem  all  this 
]ontC  vacatiou.  i 

Oa£a.  My  lord,  my  atUimty  will  be  ready  I 
to  m«ike  oatiii  tbat  be  6iuJiiUed  tUe  exaiuitiing 
but  <in  TUursday  oig-bt, 

L.  CJ.  We  do  all  know  lUey  were  pleaded 
la  the  layt  timi ;  and  >ou  have  bad  all  tbia 
vacaUoii  locoosider  of  tfiem  :  and  we  b«ve  in* 
doiged  you  beyoiid  the  ordinary  tirae. 

Oata,  My  lord,  1  desire  but  a  day  or  two 


L.  C*  J.  No,  we  cannot  do  it ;  we  bare 
doue  more  already  tban  we  ordioai'ily  do*  Fer- 
soni  tliat  are  ci>n?iaed,  useto  have  but  four 
days  allowed  tbem  to  move  in  arrest  of  judg- 
ment ;  but  you,  instead  of  having  but  four 
llftys  atier^  bad  eig^ht. 

'Oatci,  If  your  lordship  pleases  to  give  me 
lime  till  Monday. 

L.  C  J-  I  tell  yout  we  cannot  do  it.  If 
Mr.  Wallop  have  any  tbiog  to  say  for  you,  we 
wiU  bear  lum  ? 

Mr,  lVatL>p.  I  ba^e  nothing  to  say, 

Attn  Gen*  Here  are  lour  exceptions  deli- 
vered to  me  last  night,  as  nmde  by  Mr.  WuUop. 

X.  C.  J.  But  besayi  he  has  nothing  to  bay. 
We  know  not  wbove  these  exceptions  are. 

Outei.  1  do  deliver  in  tUo«e  excepttons,  my 
lord,  pray  let  theiu  be  read. 

L.  C.J,  Read  them,  sir  Samiiel  Aitry, 

CL  of  Ct\  Heads*  Dominus  Rex  rrrttis 
Oates.     The  Deiend ant V  Exceptions : 

1.  That  a  witness  Kworn  in  the  behalf  of  the 
king  in  a  proi^^s  of  hi^^b- treason,  cannul  be 
punished  for  perjury  b^  tbe  kingf, 

S.  That  it  ilocs  not  appear,  that  the  Indict- 
ments ol  Ireland,  <§ec.  ibutid  in  Middlesex,  were 
legally  transmitted  into  London ;  and  conMS- 
quently,  all  the  proceedings  ibereupon  were 

*  crorawi  non  Judice.' 

3.  That  the  perjuries  assigned,  are  in  matters 
foreign  to  the  i^^ue. 

4.  It  IS  *■  Resoluiio  Signal*  in  that  part  of  ibe 
Indictnif'Ut,  that  mentions  what  the  ddienthinl 

'  swore;    and    in   tlie    perjurv    assigned,    it  i^i 

*  Resoiutio  Signan<r  ;'  and  tl   is  no  good  as- 
si  g  n  mc  n  \  of  t h  e  pe rj  u  ry , 

Ja»t.  WUhim.  These  are  doughty  efcep- 
lion^  indeett. 

L.CJ.  Mr,  Attorney*  what  say  you  unto 
them? 

An,  Cen.  Truly,  my  lord,  I  tbink  I  need 
not  sny  much  to  them.  The  first  exception  in 
a  pluiu  mistake  of  ihe  indictment  :  for  bad 
Mr.  Uat4^  been  indicted  upon  thr*  statut*^,  it 
liad  been  something  ;  but  at  tbe  common  law, 
certainlv  be  may  W  prosecuted  by  the  king, 
tboui^b  Tie  was  witness  for  tlie  king-belbre.  As 
to  lii'j  second,  that  tt  does  not  appear  [relEind's 
indictment  was  well  transuiitted  from  Middle- 
sex to  London  ;  that  sure  is  well  enough  :  for 
after  it  is  recited,  that  they  were  so  and  so  in- 
dicted, it  doe«  set  forth,  that  tlie  trials  w«re 
had  upon  records  there  depending  before  the 
commiBsioners  of  Oyer  aud  Terminer,  and 
eoaUdebvcr)' ;  and  it  shall  he  taken,  that 
uioy  wert  vreil  brought  before  tkecD.    As  to 


the  third  except—   •»-  ^  \\\e  petj^umwi^i 
are  foreign  to  r  m  m^tt,  thtf  iui 

so  :  for  it  ib  ap^  .:.i..:,  uue  of  tii« 
is  in  the  expresn  point  of  ihc  mt 
charged  against  litem,  that  is,  ike  «i^ 
tlie  24th  ot  ApnL     And  as  inihtMni 
dictment  it  appeared  iinon  the  rndnet^i 
Ihete    was    a    Ireasonnnle  meeting 
August;  and  he  swore   Irpland  wi»  ^1 
town  in  the  beginning  of  Aoir 
beginning  of  Seplen»ber,     Ai  t 

fourth   matter,   that  be  swor- 
sign  it  \  and  tlie  («erf  urv  aasit. 
did  not  carry  it  to  be  sfjc:  r  ^ 
plain  answer  :  for  we  al 
corruptly  swore  that  he  v^ii.-*  jmt>-vu.  - 
be  carried  the  resoUition  to  be  ftii|iMc4f 
saw  them  lign  the  resolution,     K^vr 
Iwo  things  ire  have  laid  the  pcnir 
say  be  was  not  there  ;  and,  ^.  fie 
such  resolution  to  be  signed.     Indeei,' 
not  say  ih^t   be  did  not  j<)ee  it  signed, 
need  noi ;  for  if  he  were   not  iKcre, 
rarry  it,  he  could  not  6c<*  them  sign  tt 
in  nothing  in  the  excf^^Kions^    my  W 
therefore,  1  nrav  your  judgnncfit. 

X*  C  J.  Is  thfre  any  IkmIv  of  csoiund 
Mr.  Gates,  thst  will  say'  any  tbmg  to 
exceptions  ? 

OaicM,  I  pray,  my  lord,  thul  I  tn^ji 
liberty  but  tilf  Motiday^  for  fnj  «9M 
prepare. 

L.  C\  X  No,  we  CAntiol  do  it :  iniM«  I 
there  bad  been  any  ci>)oQr^  or  weurhl  m  ite 
exceptions,  it  mipfbt  have  been  somilliifS 
though  we  bavc  iudul^etl  io  this  cns^  ^SfJf^ 
rnorf  lltan  we  u^cd  to  do  tii  casAs  ofthU  oalutt; 
for  it  isknov«fi  to  evtiry  body,  that 
thing  of  the  course  Jind  [»r»rtice  »* 
that  »*ter  conviclion,  no  nioie  than  Umt  •*•*♦ 
arc  si  lowed  to  move  in  arrest  cf  jadj^mfSl 
^tnd  b^ing  ihe  pracMce  of  the  cmitt,  it  ►»  '^-^ 
Iftw  uf  the  court;  and  I  jim  fsurr.  «^  I  lu 
favour  ought  t- ' 
iu(  in  any  case 

l>ecauBe  b'''>ih*Mitu  nm  m uu.  i 
of  the  law  v>  as  aiuieil  at  by  i 
case,  imd  be  hindered  in  hi**  \ 
court  did  induTge  him  more  tij  < 
gvauled  in  siicb  cuhi^s  now,  ;, 
tioos,  certainly  thuy  aiv  very  i 

For  the  tirst.  It  would  be"  ai : 
indeed,  in  ca»e  it  should  obtain,  ili 
be  a  witness  in  any  case  Ihr  the  kn 
swear  himself,  he  should  nut  I>e  pr'>> 
[*erjnry  at  the  kiug*b'  suit  :   for  w  r 
uo  man  can  l»e  prosecuted  for  I v 
be  in  eases  of  nppvul)  but  a  J 
king  ;  and  io  l)csure,  all  pro^o 
son  must  be  at  bis  suit.      Ii 
comd  and  forswt^ar  ''          ^ 
men's  hves,  and   t!> 
«|UestioD  tor  it,  ctiri 
were  a  line  way  to 
lainy,  and  makf*  tl>^ 
an  instrumeDt  '■ 
the  world.    I^iil         ,  .„   o— -^ 


I 


STATE  TRIALS,  1  Jambs  II.  l6B5^ar  Perjmy. 


[13I« 


link  that  an  exception  fit  to  pat  his 

to  the  second.  That  the  perjury  is 

in  points  material  to  the  issue,  that 
bervrise ;  for  the  time  roust  needs 
iterial,  because  it  was  impossible 
*1and  could  be  guilty  of  the  treason 
ist  him,  at  his  chamber  in  Russel- 
eeu  the  8th  and  I'^th  of  August,  if 
in  town  between  the  8th  and  19th 

nor  could  he  be  pri? y  to  the  trea- 
y  Bedloe  the  latter  end  of  August, 
ming  of  September,  in  Harcourt*^ 

he  were  out  of  town  from  the  Srd 
till .  the  14tli  of  8epteml)er  ;  and 
th  these  perjuries  were  in  the  very 
ue. 

for  the  24th  of  April,  which  is  the 

S'  of  all ;  it  is  not  laid  in  this  in- 
at  there  was  no  consult  of  the 
I  that  day  :  nor  is  there  any  notice 
there  was  no  consult  at  the  White- 
*n  ;  but  it  says  on  y,  that  Gates  flid 
e  was  a  consult  there,  and  chat  he 
:  at  it ;  and  that  he  saw  ihe  reM>lu- 

down  by  Mico,  if  I  do  not  misre- 
s  name*:  and  that  upon  the  24th 
le  went  with  it  from  chamber  to 
to  have  them  uign  it.  And  then 
indictment,  and  assigns  the  perjury, 
i'  be  was  not  at  the  White-Hurse 
day ;  and  1  think  it  is  pretty  plain 

for  he  was  th<*n  at  St.  Oniei*s. 
niitting  all  that  matter  about  the 
the  resolution  to  be  out  of  deors,  a 
*y  is  assigned  and  proved.  For  it 
roper  for  them  to  lay  it  as  they  did ; 
IS  in  the  other  point  too  ;  he  swore 

the  resolution  from  chamber  to 
nd  saw  it  signed.     Now,  sav  tliey, 

carry  it  from  chamber  to  chamber 
d ;  and  if  so,  then  he  could  not  see 
and  it  will  all  be  well  enough  sure, 
one  part  of  the  oath  he  swore  proves 
B  sufficient  to  maintain  this  verdict ; 
ioriously  plain,  it  was  false  through- 

lis  matter  he  now  stands  convicted, 
I  and  plain  an  evidence  as  ever  was 
ny  case  in  the  world  ;  and  I  am 
mK  thatanv  man,  who  is  guilty  of 
ence,  should  continue  so  obstinate 
ed  in  villainy  as  he  appears  to  be. 
ink  it  not  amiss  for  me  to  say  sunie- 
this  occasion,  for  the  satisfaction  of 
hear  me  ;  and  for  an  example  for 

The  crime  whereof  this  man  stands 
s  certainly  a  very  heinous  one,  at- 
;h  such  dismal  consequences  that 
n  it,  that  1  think  nu  man  can  have  a 
tian  spirit  in  him,  but  he  must  begin 
ith  the  consideration  of  the  great 
lis  penury  has  broug;ht  upon  himself 

has  brought  the  guilt  of  innocent 
I  inaoy  j  to  be  sure  it  hath  upon  his 
,and  I  pray  God  deliver  all  men 
)g  uy  tiaad  id  iD&ocaut  blood.. 


And  as  the  crime  is  great,  ao  it  is  to  be 
known,  that  ai  proportionable  punishment  of 
that  crime  can  scarce  by  our  law,  as  it  now 
stands,  be  inflicted  upon  him.  But  that  you 
may  see^we  have  considered  how  to  punish  it^ 
as  such  a  crime  does  deserve  ;  we  have  con- 
sulted with  all  the  jndges  of  England,  tliat  if 
the  law  would  allow  it,  tit  might  have  such  a  * 
judgment  for  this  heinous  offence,  as  might  be 

f»reper  to  terrify  all  others  from  committing  the 
ike  again.  For  punishment  is  not  intendbd 
only  for  the  sake  of  the  offender,  to  reward 
him  according  to  his  deserts;  but  it  has  a 
prospect  also  of  example  and  terror  to  all  others^ 
that  they  should  take  care  how  they  offend  m 
any  such  manner,  and  that  is  as  considerable 
a  part  of  the  end  of  the  law  as  an  v  other. 

Gentlemen,  it  is  known,  that  by  the  old  lawi 
of  England  perjury  was  punished  with  death ; 
it  grew  a  little  more  moderate  afterwards,  not 
to  make  the  crime  the  less,  but  because  of  the 
dansfer  there  might  be  of  malice  of  tome  re- 
vengeful persons,  by  endeavonring  by  perjury 
lit  convict  others  of  perjury.  But  tDe  next  step 
was  cutting  out  of  the  tongue,  to  shew  that  the 
Uvv  in  ali  ages  had  an  abhorrency  of  false 
oaths,  and  punished  that  impious  crime  of  per- 
jury with  tne  most  terrible  punishments. 

Since  that  time  our  ancestors  have  yet  been 
more  moderate,  and  have  not  extended  the 
judgment  to  life  and  member ;  but  by  the  una- 
nimous opinion  of  all  the  judges  of^  England, 
whom  we  purposely  consult^  with  upon  tliis 
occasion,  it  is  conceived,  that  by  the  Uw,  crimes 
of  this  nature  are  left  to  be  punished  according 
to  the  discretion  of  this  court,  so  far  as  that  the 
judgment  extend  not  to  life  or  member. 

And  I  tell  you  this,  Gentlemen,  the  rather, 
because,  I  observe  our  law-books  are  more 
silent  here,  in  regard  the  judgments  for  these 
offenres  are  not  so  solemnly  and  particulariy 
entered  up,  as  they  are  in  cases  capital :  But 
they  are  left  more  discretionary ;  because  that 
crimes  of  this  nature  may  be  attended  with 
particular  circumstances  either  to  aggravate, 
or  lessen  the  punishment:  And  therefore  the 
punishment  might  be  distributed  accordingly. 

And  for  that  reason.  Gentlemen,  it  is  well 
known  to  us  all,  that  that  was  the  occasion  of 
taking  away  the  court  of  Star-Chamber,  as  the 
preamble  of  the  act  for  taking  it  away  does 
manifest :  That  inasmuch  as  the  authority,  for 
the  correction  of  all  offences  whatsoever,  was 
by  the  common  law  of  this  laud  originally 
fixed  in  the  court  of  King's- Bench  ;  and  tlie 
proceeding  by  information  in  the  ^tar-Cham- 
ber, when  it  might  be  by  process  in  this  court, 
was  looked  upon  as  a  double  way  of  vexation ; 
therefore  that  court  is  abolished,  and  the  autho- 
rity of  the  King's- Bench  court  left  entire. 
And  it  is  notoriously  known,  how  punishments, 
of  all  sorts  and  kinds,  were  inflicted  by  the 
court  of  Star-Chamber  for  peijury,  and  such 
like  offences,  while  that  court  was  up;  and 
since  that  time,  in  Fox's  case  and  others  that 
you  have  heard  of,  it  has  been  according  to 
the  discretion  of  this  c^utt,  ^va\s}daA^^  «k  ^a^' 
4P 


I 

I 

I 


I 


\'^ 


STATE  TRI AI^,  1 J  am  es  I L  1 6B^^Trmi  qJ  TitUM  OaUM,  [BW 


now  onened  ;  and   indeed  we  i 

incuraUy  blind,  if  tl«*  %   l^«-<  r 
first  by  the  contradi* 
impossibilities    iu     ^ 
Kkeu  ise  by  tb^  plai«,  rived,  iill 

proof  of  forlT-«H  i « •9%1'K  U»  oiit  | 

}>tHUt;  ai|Aiiist  Mrliiiiti  yt$ki  had  1 
object,  but  they  m  et^  Pnpr«rt*  mad  RMWaC 
holies  ;    which  it  n*^  n  at     "    **"" 

at  the  same  titn^,  ii  ^r^  1 

ten  oJ'  them  wci-e  Pi  -h«< 

Ensfland.    Th»i  \%  u  -  1  o  my ; 

bad  uot  one  word  toj^i^my   vMui^wif  iromi 
g^reot  and  heitions  perinry  you  were  1 
of.     I  hoyve,  I  hare  not  beeo  tlioog^  tflflil 
in'natutt< ;  aad«  I  Ci^nles^^  DOtbmg  bnki«^ 
great  a  rey^tt  m  hu  m  mv  ^dace  sod  <    ' 
as  to  ghv  rtmince  ibe  1 

tence  of  i  ^  iow-»uti 

rt^Jluw-creaiiuret» :    But  nn  to  you,  BlrM 
eaiHiot  say,  my  fellow -clirt^' 3^ n,     Yf|»'| 
case,  when  t  consider  \ ot :  and  lltcl 

Dial  effects  that  hare  io\U  >  u  it,  I  ( 

say,  1  hav«any  rcinorse   m  i^vjag 
upon  \ou.    And  tUert^ibre  bavinj^  toM  jvil 
thougliu  shoiity  al>oiil  your  criiii«tl 
readily  I  pronounce  your  centesc«t 
novk'  ifeclare  the  jtidg^meni  ol*  Ibe 
vou.     And  it  15  litis ; 


Tert-ly  as  this  court  thought  iit,  m  ai  the  sen- 
t«;ncf  did  not  extend  to  Hie  or  meral*er. 

Now  I  thoii|rht  it  prftper  <br  me^  not  mdy 
for  the  sake  of  the  case  now  before  us,  but  alsu 
for  your  learning  sake,  to  tell  you,  tl^is  was  tlie 
resfjlutton  of  all  the  jud^s  of  England,  upon 
conwderation  of  the  precedent*,  and  of  »ll  the 
rules  of  law  ;  which  have  been  fully  debated, 
and  cnnsiderctl  of:  And  thij,  i  declare,  i»  ihcir 
ununimouj»  opinion, 

if  tlicn  this  bt  so,  and  it  is  left  to  the  discre* 
tioi)  of  (he  court  to  inOict  such  punishment  as 
they  think  fit :  far  be  it  from  this  court  at  any 
time,  as  on  the  one  side  to  iotlict  puui^hment 
heavier  than  the  crimes  deserve,  (no,  we  would 
rniber  use  commiseratbn,  than  extraordinary 
and  extirbitunt  severity  ;)  so,  on  the  other  ^*de, 
to  let  go  crinie^  so  notorious  and  heiiu>us  as 
these,  without  the  severest  mark  that  can,  by 
law,  he  put  upon  them.  When  a  person  shnJl 
be  convicted  «d'  such  a  foul  and  malicious  per- 
jury QH  the  deff  orlaut  Lere  is,  1  thitik  it  is  ini- 
possible  for  this  court,  as  the  law  now  stands, 
lopm  a  nitnishment  upon  him  any  way  pro* 

rrtioname  to  the  otlence,  that  has  drawn  atler 
so  many  horrid  and  dreadful  consequences: 
tVe  do  therefore  think  tit  to  inflict  an  exem- 
plary punishment  upon  thiis  villainous  j*eijiireit 
wretch,  to  tt-irify  otiicry  for  the  future  ;  wlijch 
b  not  my  part  to  pronounce :  But  what  it  U, 
my  brother  will  tell  you, 

Alt.  Gttt.  My  lord,  ymi  will  be  pleased  to 
remember  there  are  two  Judgments. 

L.  C  J.  There  are  so,  we  know  it  very 
well,  Mr.  Attoniey. 

Ati,  Gen.  That  which  was  tried  6rst,  was 
•bout  the  consult  about  the  24lh  of  April ;  w  c 
de«tre  thijt  some  (tarticular  mark  may  be  set 
ujM»n  that  day. 

Then  the  Judges  consulted  a  little  tosfether, 
ami  Mr.  Justice  Withins  pronounced  the  sen- 
teooethiis: 


Just.  Withins,  Titus  Dates,  you  are  convict - 
InI  upon  two  Indictments  for  rerjury  ;  I  say, 
for  Perjury :  J  must  repeat  the  word  twice, 
because  you  are  doubly  convicted ;  one  of  the 
greatest  oflcnces  that  our  law  hJis  cognizance 
of;  it  is  so  iu  its  own  nature;  But  your  |ier- 
jury  has  all  the  ag^g^ravations  thai  can  be 
lliought  of  to  heighten  it.  If  a  man  kills  ano* 
ther  with  his  sword,  and  there  be  forethought 
tnaliee  in  the  <^se,  he  is  to  be  hanged  for  it : 
But  when  a  man  shall  draw  innocent  bliH'd 
upon  himself  by  a  malicious,  premeditated, 
false  oath,  tJiere  is  tjoi  only  blood  in  the  case, 
but  likewise  perjury,  corrupt,  malicious  per- 
jury !  I  know  not  him'  I  can  say,  but  that  the 
law  is  dtfective  that  such  n  one  is  not  to  be 
hanged.  For,  if  we  consider  tlioie  dreadful 
etTects  which  have  f« Unwed  upon  your  per- 
jury, we  must  conrlnde  our  Uw  defective; 
they  are  such,  as  no  Christian's  heart  can  think 
t*L  without  bleeding  for  that  innocent  htocHl 
whidi  was  shed  by  your  oath;  and  every 
knowing  moo  believes,  an<t  every  honest  man 
grifiTts  for%    God  be  iha&ktfd,  wu  eyc»  vir 


L 


'^  First,  The  Court  does  onler 
*^  that  you  pay   XOOO  marks 

♦»  Indictment. 
**  SeconiHy,  That  you  be  rtripl  of  ( 

*'  C^anooical  Habits, 
*^  Thirdly,  The  Court  dneantranl, ' 

**  do  stiind  upon  the  Pillr-v      *  f  m 

**  Finory,   here  l>etbre    ^  'T-l>il 

**  gate,  upon  Monday  tj  ,  Wto?*< 

**  time,  between  the  "i    n ;     >  i    ^     1  !   . 

**  with  a  piii>*rii'.tr   .   M  ; 

"  must  fir 

•'theCou; 

'*  log  your  crime.*'      And  tbitt  t»  u^iii* 

first  Indictment, 
**  Fourthly,    (on  the  Second  I 

*^  upon  Tues«]ay,  you  slmn  stmid 

*'  and  in  the  Pillory,  at 

**  change  in  Ijundon,  for 

**  hour,  between  the  hours  ci  iweJi 

«Mwo ;  with  the  same  inserifitkti. 


^^>dn«d«|U 

.  wgate. 

V   %!bt  uiAdt  d 


•*  You  shall  upon 
•*  whipped  frofii 

*•  Upon  Fridj*y,  } 
**  Ne«^-ate  to 
•*  the  conunon  1 


Bitt,  Mr»  Gates,  w^  c4iiii<»l  but  rtmmKk»^ 
there  were  severtvl  narSitfuUr  ttmes  too  swvf 
false  ubout'  otni  thei^nra,  ikS  aiiQtiat  €09^ 
iiwmoralionai,  ih"  -  ^  b^  known  to  all  fi^ 
pie  as  long  as  v  <•  ba?e  laJrea  ipedil 

care  of  youfoi  um  .*..,. ^yiA  pntnaUmmia* 

♦*  Upon  the  iS4th  of  A  pri!  every  y«ar,  ftslaif 
''  OS  vou  live,  3  sluid  am  IM 

**  Pillory,  and  •  ; ury,  ai  TylMl^ 

**  jitfl  opp^NMtQ  tf»  ik^  gullawa,  Isf  ^ 


teri 


»7] 


9TATE  TRIALS,  l  James  11.  l6S5.— /or  Perjmy. 


fish 


^^  4iptoe  of  an  kom-^  betweeu  the  hours  Qi^ 
**  ten  And  tirelre. 

>  You  are  to  stand  upon,  »nd  in  the  Pillory, 
"here  at  Weslmitistfr-haU  gate,  every 
*•  9th  of  August,  iu  every  year,  so  long  &s 
**you  live.  -And  that  it  may  be  known 
*'  what  we  tt»tafi  by  a,  'tis  to  rernrruben 
**  what  he  swore  abuut  Mr.  Ireland's  be- 
*•  mg  m  town  between  ihe  8th  Bud  12lh 
•*  of  August. 

You  «re  ta  stand  mion,  and  in  the  Pillory, 
•*  at  Charing'-cross  on  th«  10th  of  August, 
•*  every  year,  during  your  11*1%  for  an 
*•  l)Our»  lit  ween  ten  axuf  twelve. 

'  The  like  over-agatust  tlie  Tei!n|>Ie  gate, 
upon  the  1  Ith. 
And  upon  the  2d  ofHeptemlier,  (whipli  is 
**  another  notorious  time^  which  yau  can- 
*«  not  but  be  remeuiber'd  of)  you  are  to 
**  filand  upon,  and  in  the  Pillory,  for  the 
^*  spaice  of  one  hour,  hrtween  twelve  and 
**  twOy  at  the  Uoyal  £.v- change  :  and  all 
"this  you  are  to  do  e?ery  year,  during 
*«  your  life  ;*  and  lo  be  committed  close 
^  prboner,  as  long  as  you  live." 

1 1  pronounce  to  be  the  Judgrneut  of  the 

upon  you,  for  your  offences.     And   I 

tell  you  plainly,  if  it  had  been  in  my 

'to  have  carried"  it  further,   1  should  not 

i  been  unwdiing  to  have  given  judgment 

^tf^aib  upon  you ;  for,  1  am  sure,  you  de- 

i  J,  Mr.  Attorney,  we  will  take  care^ 
I  Clerk  shall  distinguish  the  Judguieutii 
Intriefl. 

hen  the  Prisoner  was  taken  away. 


Ifter  ihe  Revolution,  Oatea  applied  to  both 
I  of  Parliament  for  relief  ngatufit  tbes^ 
DcnlB  and  the  Verdict  which  bad  been 
Bed  against  him  by  tlie  duke  of  Y^ork  : 
rtbeCas«  atp,  V25,  of  this  Volume;)  of 
cb  application!!  the  fblloiving  particulars 
ar  lu  tne  Joumab  : 

larch  2ath,  168P,  Justice  Dolbeti,  one  of 

Justices  of  tilt:  Court  of  Kind's- Bench, 

unto  the  House  of  Lords  threi^  Writs 

,  Rex  iTerfitf  Gates,  Hex  versus  Oates^ 

ivrrftti  Oaies.     Ou  the  i>th  of 

iL,  tLe  House,  upon  reading  the  Petition  of 

\  Ofttes,  praying  a  ^iiy  uiay  be  ajumioted 

Iheai'iug  counsel  to  argue  u()on  ht»  Writs 

'Srror,  ordered  that  counsel  should  he  heard 

It  appears  by  the  account  in  this  CoUac,- 
I  of  the  Trial  of  Richard  Baxter,  on  the  aoth 
[ibis  satjie  montli  of  May,  lti85i  that  Oates 
I  then  5jtanding  in  the  JHilory  in  New  l*ia- 
^yard;  and  in  Narcissus  Luttrcirs  MH. 
pt  Relation,  Siv.  it  is  saiil,  under  tlute  Au- 
llib,  ItiS^,  **  Tilus  tiai**  stood  in  the 
at  Charing-crois,  according  to  auuual 


on  the  18tli  of  that  mouth,  whereof  Gates  wit! 
lo  cau!9e  timely  notice  to  be  g*ven  to  ihe  At- 
torney General,  On  that  day  the  Hmise  did 
not  sit,  but  on  ihe  32d,  an  order  w}>s  inadtt 
for  Ikearing  the  Errors  ar^jiKNl  on  the  Stith, 
on  ivhieb  day  is  the  folli*\ving  eulry  in  th« 
Journals :  ♦ 

This  day  being  appointed  for  hearing 
conuseU  to  argue  the  errors  in  Hie  writs  «>r 
error  brought  inio  this  Houi^e  by  Titus  Oates,.J 
to  reverse  the  Judgments  given  against  hitai 
ill  the  KingVl>encb  ;  two  at  the  suit  of  km^i 
Cliiuies  the  second  ;  and  one,  a  judgiaent  at| 
the  isoitof  the  then  duke  of  York  ;  the  counsel! 
of  Titus  Gates  appeared,  and  were  ready  all 
the  bar ;  but  no  counsel  a|ipt»ared  on  t!i(t  { 
kind's  tiebair',  to  maintain  the  JudgineuttJ 
against  him  ; 

Whereupon  Thomas  Bales,  solicitor  f«ir  1 
Titus  tJates,  being  sworn  at  the  bar,  deposed,  I 
**  That  he  had  served  several  orders  of  thia] 
House  made  in  this  ca</*  upon  Mr.  Attorney  | 
lif-oerai,  to  give  hira  notice  that  the  trial  w^i 
to  be  \  and  the  last  order  on  Ihe  2  Uh  ot  thite  ] 
instant  June,  for  hearing  of  ibe cause  this  day  : 
and  Mr.  Attorney  said  to  him,  that  he  heliev^  1 
be  ©ould  not  come," 

Then  the  Ht»Ufte  beard  tlie  counsel  of  Tiltii  i 
Outers,  to  maintain  the  errore  assignee!,  ami  to  \ 
make  good  their  exceptions  ru  point  of  law. 
Which  ended  ;    the  coonsel    for  Tilue  Oatci  ^ 
was  called  in  ;  anil  com  man  (fed  by  the  f  louse, 
to  set  down  in   writing  what  argument.*  and 
exceptions  they  hatl  this  dav  made  against  tb< 
Judgments,    and  drliver  tlieni    to     the  L«»rd 
Chief  Justice  of  the  King^s  Bench  to  inorioMT 
morning. 

On  the  next  day  the  Lord  Cliief  Justice  of  | 
the  court  of   King's   Bench   acquainted    tbo 
House,  That  the  counsel  of  Titos  OUU's  bad 
dehvered  to  hitu,  in  writine,  tlie    E?cceptiont, 
they  made  yestiTday  at  the  oar,  to  the  writs  of»' 
error^  between  Titus  Oiites  and  the  king. 

Whereupon  it  is  ordered,  That  sir  Hichar4' 
Hoiloway  and  sir  Francis  VVithius  t)e,  and  are 
hereby,   required  to  attend  this  House  on  Sa- 
turday the  4th  of  May  next,  to  give  their  rea-- 
sons  or    grounds    for    their   judgment  giveit^j 
nguinst  Titus  Gates  in  the  court    of  King's 
Bench  ;  and  that  copies  of  the  points  insiste^l 
upon  by  the  counsel  of  the  said  Titus  Gates  ba^  I 
herewith  s€^nl,  to  be  considered  of  by  them  ;• 
and  hereof  they  mav  not  fail. 

On  the  6lliof  May  the  House   order,  that' 
they   will  hear  Hoiloway  and  With  ins  to  give 
their  reasons  or  grounds  l<H'  their  Judgintitt*! 
given  against    Titus  Gates  to-morrow,     Tbia' 
onler  was  continu<^  from  tiuie  to  time  till  thu 
24th  of  May,  uhen  it  was  oi-«lercd,  That  to- 
morrow the  House  take  into  coosideratiuo  Ti«  Al 
tus  Gatcs^s  thr^e  writs  o terror,  and  that  Hollo*  • 
\tay  and  Witbin^  should  nttend. 

On  the  mormw  a  j»rinted  Paper  was  brought ' 
into  the  iloijsc  of  L(»rdv,  which  was  dispprseff^J 
abroad.     *f  itu**  G^itc^  being  cfdied  iri»  vvjis  a!tked 
by  the  S]teaker,  W  hKher  hednl  o\i  n  this  paper  f  ^ 
Aiid  hctt0swcred«  li#4liil  own  U)is  paper.  Tbi 


» 


1319]  STATE  TRIALS,  i  J^mes  IK  i6S3.— Tri'fl/  ^  TduM  Oatn,        fll 

fluestion  bcin^  put,  Whether  the  paper  owiieil 
this  morning  Dy  Titxia  Gates,  at  the  bar,  shall 
be  noi¥  readf    It  was  resohed  in  the  aflir* 


mauve. 

Theo  the  said  Paper  was  rea<),  as  follows : 

<*  The  Case  of  Titus  Gates,  D.  D.  humbly  of- 
fered u*  the  lentler  consideration  of  the 
Ilil^ht  llonuuralve  ilie  I/ords  Spiritual  and 
Teinporal,  aud  CoiumoQs,  in  parliament 
aaaeinhted. 

"  The  said  Titus  Gates,  in  the  year  1678, 
disGOvei'ed  a  liorrid  l'o}>i^i  coospiracy,  for  the 
destrot'tinn  uf  the  lute  king  Chdries  2,  his  pre* 
tctit  tuu^t'^My  (then  putifH^  of  OiiUti;e.)  and  the 
Pr(»tt.-klfiiit  (<-li|;i(in  \%ttbin  titt'^e  kingdoms; 
and  pn»s  I  vl  it  s,<i  iiiiv,  UuH  stvtnil  parliatnetits 
and  liouj^^  <d  i-htt**!:.  ittffuri?  whottide  tj^ve  Iiih 
te^timotjv.  d"iajt.*»I  Ihitr  Inditf  of  it,  hy  puhlic 
Tfiics,  mid  ihr  ciiudeiimijhon  of  i^^veral  of  the 
roDspiiators,  ii€cu!>ef1  not  nuly  hv  turn,  li;ii  Uy 
several  other  wttuejises  who  liad  ttUo  a  koow* 
ledge  of  the  Kuid  nmi»p]ciiry» 

'•^  The  House  o!  Lords,  heiiitr  ^usiide  of  the 
sreat  ijefvice  of  Outes,  ^^m;  bitii  tiieir  thanks 
m  a  most  pohlit-i  mruincr  ;  aud  Bddre-.,s«^d  kin**- 
Charles  the  2d,  ti»  ^laot  liis  lo^al  prouriiuu  to 
the  buid  Uati^s,  and  lo  ^jve  Iipui  h  sidj«isiiuc<* 
till  the  iiarlianicnt  coni^id»'red  id  a  revvitrd  >«utt- 
aldt-  lo  i»is  ^reiit  und  puUiic  Nrrvice  to  rUt?  kinif 
atid  kingdom  ;  and  lUri't^  ufdenm  day**  of  tust- 
injj  ivcre  proclainitd^  at  the  r^uest  of  three 
fiucces&ive  parkum«fni&f  to  implore  God*s  na- 
aistanre  in  the  foil  ikiid  fartlitr  discovery  of 
the  villaiuuU5  mac lii nations  uf  the  Fopii^h  party . 

'*  Tlve  said  Gates  di>.Covered  ihe  traiten>u« 
corrcrspoiidtiicc  whicli  Col(i;man  hidtl  with  Le 
Chaise  (coolt-ssor  tu  the  Freooh  king^,}  which 
l^ave  hotli  Houses  of  Parliament  tall  t^atij^lac- 
tioii  of  thf  L  opish  pint ;  and  other  tetters  were 
produced  by  a  person  of  quahty,  by  which  the 
^overmueitt  was  ^^ilistied  of  the  under  hand 
dealing^  of  a  ifi-eat  minister  of  state  at  I  hat  time 
in  order  to  procure  a  great  sum  of  money, 
toputOiTthe  parliament.  All  which  difl  still 
jusiify  tli*  said  Gates,  and  verity  the  truth  oJ 
jhlb  diucovery, 

•*  He  apjiL^ared  a  witne^is  at  the  GUI  Bailey, 
against  \Vhi«e3>read,  Fenwick,  Ir.-iand,  I'icker- 
iug,  and  Grove,  1?  Dec^  16T8,  White  bread  and 
Fenwkk  "ere  not  tben  tried ;  hut  flickering. 
Grove,  and  Ireland,  were  tried,  against  whom 
the  evidence  was  su  J  nil  and  jdaiFi,  tliat  they 
wpre  all  three  convict*  d  ujio  »  the  testimony 
of  the  b^dd  Gates  and  JVIr.  Betllt/c,  aud  were 
executed  for  His!:h Treason. 

"  At  the  trial,  two  thinffS  were  ohjt^cted 
against  Gates's  testimony  :  tirst,  that  he  swore 
he  Wiu  present  at  the  consult  ht  Id  ut  Ijondon, 
April  24,  1078,  when  the  J  e*  oils  a  Hedged  he 
was  ui>t  there,  hut  at  St,  Gmei  s  ;  hut,  nothing 
beinjf  offered  to  pruyf  iheictif,  (his  objectioii 
was  looki'iJ  up^Ji  as  vain  and  fri»ohiu»» 

**  Tht*  Htn0int  ohjectijii  was,  That  Gales 
•wore,  Irelaod  wtis  in  town  l)etween  the  atb 
Aud  r^th  of  August}  (uul  ilny  aUedgeJ^  hm 


m^ 


,^ 


:<^t 


K'^^^ 


WM  oat  of  town  all  August :  to  Chi*  Mr  i 
laod  produced  EUenor  aitd  Aam^  Iraiiiidli 
testified,  he  set  out  t<«r  ^tsifiiniihi/rtbeitfl 

August  llJ7iJ;  one  Harrii^on  tfTitftrrrj,  ftr  s 
Mr.  Irebndouthe  5th  lil   ' 
aud  was  m  his  companv  i 
fordshire  ;  and  Air.  Uimurd  %u 
Ireland  two  d«>s  after  St,  Bar 
aud  the  9th  of  oepterrd>er»  in  ^i 
**  lu  answer  to  which,  Gait-.  ] 
heiog  in  town  gnat  |*arl  cxf  A  ^ 
testimony  of  Mr.  Bedlue  and  *'v*'  ^- 
late  servant  to  the  atbresaid  Cruv  r 
fied,  she  liaw  Mr,  lichmd  aboiit  th^^\^, 
gU!tt  at  his  own  door  m  Rufiseit  St«"*^^ 
upon   the  jury  found  Ireland  jftL^  -^X' 
h»id  ehiefjustica^cro^  told  ilieii» -^^« 

*  done  like  honest  geutlemeti  m 

*  lestantH.* 

*^  G  leu  appeared   at  tlie  GW 

June,  1679*  when  Wlntehr^ad,  Fc ^ 

court,  and  Turner  J'  ind         ^^ 

tried  for  the  same  ^  ;  « 

olijectii»ns  were  niaile  la  ( Ki,tr?ti%  i 
as  at  tlie  former  trial ;  vidtUceU 
was  nut  in  town  at  the  'v 

167H;  nor  Ireland   in  t«>v 
8ih  aud  l2ih  of  August,  n^,  *,,^  ^. 
her  fullowm^* 

*•  For  uuikioe  gootl  the  tinrt  oljt^'*'^! 
produc«*d  a  tjreat  tmniber  of  bo^^.*^A 
G  .era.  »s  Martin  Hilsiev,  P.irrv  *i^^*A^^ 
Ciifford  Palmer,  Cox  Bilhiiif,  to-^^A/jj^ 
John  Hall  the  College  huiler,  d^i^^  *  i 
of  Ihe  Coletr*^,  aud  a  lay  hrotliet  ot  tl*<*ii 
t!ie?»e  all  tegiitie<l,  that  Gate>«  w^'tal^Jll 
all  Aprd  iiud  May  ;  hut  the  « 
rnliculoutS,  and  the  w^iie^^ies 
uianai^ed  aud  suborned,  (he  coytt  Jn>4]Ui 
no  v^iue  u|)on  thetr  te^tin^oay  :  hui,  t 
falsehood  of  their  testimony  iiuaht  i , , 
prove  (hat  Dates  was  in  ro\in,  tlie  ctf«ut»^fi 
ihe  king  pro^luced  Mr.  Walker  jin  agfd  ai»i 
nister  of  the  church  *X  England,  Sarah  hm^ 
M\%,  Miiyo,  l^Ir.  Page,  sir  Hichanl  \^^\t*, 
John  Butler,  Wilham  Smith,  art 
Clay  a  Rouush  priest,  who  were  h^i 
to  Gates's  bemg  in  town,  ei^ecpi  sir  Kj^i 
Barker,  and  he  testifieil  wliat  hi*  aen^ 
Page  and  Butler  had  tohj  hiiti  ;  whtchgrn 
great  satisfaction  to  the  court  atid  jury,  aoiil  la 
Gates  was  set  right  as  to  that  point :  hot  u  to 
the  second  ohjectton,  which  W3t«,  (hat  Irrlaii 
uos  out  of  town  all  Autrn-  '  '  r.^  ilM 

Gaies  w  as  faUe  in  thai  i  \  |ir>' 

ducetl  several  witnesses  imu  nt  >»[^Li>>[d»hin| 
to  prove  Ireland  there:  the  Udy  Houihcutto* 
U  tied.  That  she  saw  him  troo;  •»-  *»■  -♦  i'- 
gu^t  to  the  16th;  and  Mt  J' 
6tli  till  August  9th;  and  Mr 
cot  tVom  August  3ril  (ill  Am, 
Mrs.  Harwell  and  her  dau^  ht< 
saw  him  on  44ui;ust  17th  ,  but  Uim 
widiin  the  compass  of  the  lime  a: 
Giites.  Against  ihewe,  Mr  B 
and  8arah  Paine.  And  som*. 
txial|  in  came  Mr.  JcaatKoiif  wAio  UfUf'fS 


J 


STATE  TRIALS,  l  James  II,  l6S5^/or  Pnjury. 


[132« 


\r*  Iff ) And  in  Aii^ift  ftt  Lnrnlon  ;  fttl 
ferthroirB  tb*f  te«tmiony  of  Mr«>  EU 
Inil  arut  Mnt  Anne  IrrTaml^  iind  the 
lthc<vt!i«  all  l^ii(iisti»,  aiitl  leUtious  of 
ihL  Tlie  tr^timimy  of  Sarab  Paine 
BQCK'cnt,  ati<t  «%ttbuut  uny  loanuer  of 
I  that  thu  couit  arui  jury  set  a  g-reat 
r  V- T    •  jt)ent*e»     Thus  was  that  ob* 

I  of  June,  1679,  at  the  trial 

irne^  Oatei^  appeared  at  the  OUl 

the  Hi.   Onier  witnesses  ap* 

itn  upon  that  point  of  time  and  place  ; 

court  observed,    •  that    they    were 

in   trstsmonj,   and    had   improved 

'«;'    htit    the    wtne<*se9     produced 

•  !  .  were  so  pbin  in  their  tcs- 
1  t.  Omer  boys  were  not  be- 
liisiMiuit  at  all. 

tluke  of  York,  Having  a  great  in- 
fron  kiiij^  Chillies  r2,  as  atsf.t  several 
r  the  Popish  parly,  difl  prevail  upon 
kfforthe  «aid  <_hitc^  to  be  indicted  (or 
in  two  several  indictments,  0  or  7 
N  1i*  hull  gfivfn  his  testimony  con- 
i  b    Plot;    and  brought  the 

r  I « K  Olh  and  9\\\  of  May,  1685, 

^af  kiu^  James  $ ;  and  pruduct'd 
liesses,  with  the  addition  of  some 
t)t  all  Pu pistil  and  bred  up  at  St. 
rxceptiog' one,  wh^y  had  his  education 
M;r*ii ;  he  was*  turned  Protectant  a»  he 
1^  and  was  made  a  minister  of  the 
!'  "  '  i!  by  the  bisbop  of  8t,  Asanb, 
Oiites  prwUiced  tivo,  Mrs. 
Ml  .*tMn»  Butter,  wbo  were  positive 
ing^  in  town  in  the  beg-innini^  of  May* 
and  Mr.  Walker  the  minister  (tfie 
d  oboTc  tfO  years  old)»  through 
ive  of  time,  could  not  hv  so  posi- 
the  year  ;  and  Pa^e  couU  not  b*;  po- 
Ih  hy'wvj;  it)  fear,  by  reason  of  the  lord 
t  H/s  browheatiog  Oates^s  wit* 

I  I    honourable  peers   of  tbis 

a  teotify .  llie  counisd  perverting  the 
Mild  the  lord  Jeflenes  appearinu  so 
li****  enemy,  and  no  counsel  daring  to 
rfHitc^,  he  wag  found  g-tiilty  of  perjury 
tir^t  ir»dif  tmeot^  wtiirh  did  relate  to  hfs 
bwnui  April  und  May,  1678. 
D  the  9th  of  May,  J 68.5,  Oates  was 
m  a  second  indict nifut  of  perjury; 
it  wa*  nlleilired,  That  Ireland  was  iiot 
Nftwwn  thr  Bth  and  1  'Jtb  oi"  An^rust,  a* 
i\\  VII uni  It   (j  or  7   y€s*r«  lief<*re;  for 

*  H  rd  jMrs,  Anne  Ireland  and 
/  Ellen  or  Ireland,  who  were 
iitnc  to  Mf,  Ireland's  jjoinj^  out  of 
m\\  13th.  1678;  bur  a  third  .vjincNs 
\M^  did  plainly  cMitt  hIicI  ihcir  evi- 
M  her  name  wu«  Utuldle,  which  was 

by  the  caiiri;  then  one  Mrs,  Quino 
Ki,  antitlirr  Papint,  ;md  the  lord  A%loi»  \ 
^    '  itive,  but  only  as  to  I  he 

Mr.  Ireland  ;  but  i»ir 
iiir  i  u.r;  positive  from  thv  :J*I  to 
An^uj»t^  aud  several  other  wit- 


nesses trcre  produced ;  hut  theT  eomtojr  net 
withm  the  com(>aiia  of  time  alledg^  by  Gates, 
they  are  here  omitted. 

*'  The  distance  of  lime  being"  such,  that 
matiy  of  Oatcs'i  witnesses  wei-e  dead ;  as  sir 
Richard  Barker  and  bis  brotber  Mr.  Barker, 
Doctor  Tonjrue,  Mr.  Beilloe,  Harah  Payne, 
Sarab  Ives,  William  Smith,  aud  Mr.  Walker 
the  minister,  are  dead  ;  Mr.  Jenuisnn  was  force^l 
to  tiy  into  Holland,  li>r  fear  of  being  prose- 
cuted *,  so  that  Gates,  by  reason  of  the  death  of 
8arab  Payne  and  IVlr.  Bedloe,  aud  the  iromg  of 
Mr*  Jeni^^an  into  Holland,  liad  not  the  beocht  of 
thetr  testimony  f  and  was  convicted  of  the  seciJod 
indictment  for  perjury. 

*^  The  aibresaid  indictments  be  hath  removed 
into  the  Lords  House,  by  writ  of  error;  and  if  it 
be  the  pleasure  of  this  honourable  House  to 
examine  into  the  merits  of  the  c«u«te,  be  can 
produce  three  witnesses  yet  alive,  that  willjua- 
tify  his  being  in  town,  at  the  time  the  Si,  Gmer 
witnessrii  swore  him  to  be  out  of  town  j  and  be 
can  produce  Mr.  Jemiiion,  that  can  prove  that 
Ireland  was  in  town  in  August,  1078,  which 
cnntradicls  all  the  StalTordsbiit*  witnesses.  And 
tbe  said  Gates  humbly  conceit es,  that  the  testis 
mony  oj*  8arah  Payne  and  Mr.  Bedloe  may  be 
used  on  his  behalf « though  they  are  dead  ;  and 
also  the  testimony  of  those  who  are  dead,  iliat 
have  proved  him  the  said  Gates  to  have  bm 
in  town,  against  the  impudent  perjuries  of  the 
St,  Gmer  v*  itnesses,  who  si  wore  him  out  of  town 
April  and  .May,  1678. 

^^  Tbe  Papists  themsekes  having^  jtistii)ed 
Gates's  testimony,  by  their  open  and  avowed 
violation  of  our  laws,  liberties,  and  religion,  and 
fxecutiiig-  those  tbinj^s  in  ihe  reij^n  of  the  late 
kin^,  which  be  did  discover  tbem  to  have  been 
contriving'  in  the  reijfU  of  king^  Charles  2d, 
which  was  the  sum  and  substance  of  his  testi* 
tnony  ;  he  hopes  the  repnialion  of  St.  Gmer*s 
witnesses,  who  were  bribed  with  places  and 
offices  in  tbe  army,  and  had  sums  of  money 
£riveutoibem,  shall  not  prevail  with  thi^  House 
from  setting  aside  the  Judgments  brought 
before  your  lonlships. 

*^*  All  which  is  humbly  offered  to  the  consi- 
deration of  your  g^ood  lordships  and  your 
honours  of  the  House  of  Commons,  whether  he 
oujjfht  to  have  utulcrcrone  such  a  villainous 
judg-ment,  or  been  found  guilty  of  the  aforesaid 
two  indictments.** 

Ailer  a  lonjr  debate,  the  question  pruponnded 
was,  **  Whether  tliis  Paper,  owoed  by  Tttus 
Gnres  this  day,  doth  contain  matter  ten«lin|j'  t'> 
the  breach  of  the  Privilejjc  of  tlu>  Honsei'"  A 
p  *ri  was  put,     **    Wiielhcr  this 

.j  (now)  put?'*     It  was  resolved 

ID  iiif  aMirifi.r  ivi% 

Then  Ihe  main  ourslion  was  put  "  Whctlwr 
thi»»  Prtpcr,  Mwnetf  by  Titu<  Gitc«  tins  inoru- 
iiiUf,  doth  contain  mutter  tending^  lo  the  breach 
of  tbe  pfivilcj^e  of  this  Houici"*  It  was  resolved 
in  the  atfirniative. 

Leave  was  jjiven  *o  siirh  lords  as  would^  to 
enter  their  di«ieot»;    and  accordingly   th«« 


^ 


^ 


I 


liifM] 

lords  foUowtnup  do  eat«r  tbc^r  di^seotSp  in  lUe^s^ 

Teftsoq»e|i8umg: 

**  Wewhowj  onrnp^  arc  undenvritten,  having 
been  present  at  tlii^  cieLatc  o\^  the  matter  men* 
tbtied  in  the  vote  above  wrillen,  concerning  a 
printed  Paper  owned  by  Tttu^  Gates ;  ajid  the 
iju^tion  being.  Whether  the  same  doth  con- 
tiiin  matter  in  it  which  is  a  breach  of  the  pH- 
fitege  ot  this  Uousc?  Which  was  resolveu  in 
the  affirmative.  We  do  dissent  ftom  and  pro- 
test against  the  said  vole,  for  the  reasonii  fol- 
towio|^ : 

1.  *^  For  that  the  matter  resolved  to  he  a 
treach  of  the  privilege  of  thii  House  ii;  not 
plainly  and  distinctly  expressed  in  the  said  vote, 
15  we  humbly  conceive  it  ong'hl  to  he ;  nor 
doth  it  appear  therein  what  parurular  privileg*e 
of  this  House  ia  broken  by  any  matter  contained 
in  the  laid  Paper ;  and  thailhereforc  this  vole 
c^n  he  of  no  uae,  to  support  any  privileaje  of 
Ihia  House,  or  prevent  the  breach  of  any  of  them 
for  die  future. 

*i,  »«  Because  the  said  vote  may  t^nd  to  the 
diButuoQ  of  both  Houses^  which,  we  humbly 
Ciiuteive,  may  prove  of  dangenms  eonsiM|uence 
to  the  king  and  kingdom  ;  ue  apprehending 
tlie  whole  lirift  of  the  said  Paper  to  he,  in  ofder 
to  huve  relief  in  a  legislative  way  ;  and  ac* 
€ordin£;ly  the  case  and  prayer  is  directed  to 
both  llon&es* 

3-  "  Because  tliis  day  l»eiojar  apJ»oiuted,  by 
prder  of  this  House,  to  have  tlie  opmiun  of  the 
jud^  on  the  writ  of  error  in  the  case  of  the 
nid  Titus  Gates  ;  and  the  said  judges  attend - 
iiiff  accordingly ;  ne  did  think  it  proper  that 
this  honourable  Huu^  would  have  heard  their 
opinion  in  the  &au]  Uiuse;  and  thereupou  have 
(acuordiug'  to  the  usual  course  of  othtT  courts 
of  judicature  in  such  cases),  proceeded  to  sen- 
tence before  the  taking  into  consideration  the 
said  Paper  lulrodueed  hut  this  morning  itiiothe 
hou^e —Bolton,  1Iacle«(ield,  8tamibrd,  F. 
W'hartoo,  Comwallis,  Sydney," 

Next,  the  two  orders  for  the  commitment  of 
Titus  Gates  were  read.  And  the  question 
being  put,  "  Whether  tliia  Heuse  agrees  to 
these  orders?'^  It  was  resolved  in  the  dJt- 
firmativc. 

The  said  Orders  tidlow: 
**  Oi-deredjby  the  Lords  spiritual  and  tem- 
»ral  in  pailiaiiicnt  asspmbled,  That  the  cfen- 
llemaa  usht  r  of  the  hlaek  rod  attLndin^thi^ 
Hou^f  his  deputy  or  deputies,  do  forthwith 
convey  Titus  Gates  in  sate  custody  to  the 
prison  of  the?  King's  Bench,  there  to  remain 
during  the  pleasure  ofthi^H  House,  fur  publish- 
ing and  owning  a  printed  Paper,  con  taming 
matter  in  it  which  is  a  breach  of  the  privilege 
of  this  Hou!>e. 

*^  Ordered,  by  the  Lords  spiritual  and  tem- 
poral in  parliament  assembled,  that  Titus 
Oatei  be,  and  is  hereby,  cummiited  In  the 
Marshal  of  the  Marshalsea  of  the  King's 
Bench,  there  to  relmain  during^  the  pleasure  of 
tbii  Hou|e^  for  publi^iiog-  and  owimig  a  printed 


Paper eon^"''^''"'^  '^^ntleriiiiL,wiiiichitW«il|b^^- 
of  the  or  this  house  f  BQ4^li||pii|in 

jyianihal  01  :.„   a^slialaea  do  (leuaboa»Kfi7an< 
cordingly/*  ghi^  *' 

On  ihe  amb,  Gates  pmenid  to  the tal*"^  ^ 
of  Lords  the  following  Petkioii ;  "** 

*•  To  the  right  honourable  the  l/mU  i 
and  temporal  in  the  bi(T^h  court  oif  | 
ment    assembled.        The    must  ^ 
Petition  of  Titus  Gates,  D.D. 

"  Sheweth  ;  That  your  petilKn>«f*t 

dioary  punish  mentx  ^'-^   ' ^ '-"  ^^tn 

heavy  upon  your  p  xm%\ 

mercy  of  God  that  ^:.^fi 

senses ;    and  your  [  ^  cr  ha4  m\ 

a  veueration  tor  yon  •,  nitl 

so  far  from  saying  or  do  a. 
which  might  in  the  Ic 
ri;^hts  and  privilege*  of  i 
that,  if  any  thing  be  iu^ 
petition  which  olfonds  yaur 
ceeds  from  ignorance  or  iti 
humbly  begs  your  I  .  '  " 

**  Your  netitionti 
}»oor  lordships,  in  ytur 
doms  and  compassion,  t 
his  coufinemeut^  being 
under  your  lord**hIps'  dis  u}}caittii< 

any  account  wbiitsoevcr.-    ^  . Uatls,'* 

The  House,  ui>on  this,  Ordene^,  IW 
Gates  should  he  brought  to  tbe  Uit .  t; 
his  siubmission  to  this  House.     Ai 
Marshal  oftheMar^haUva  of  tJieK  I 
do  forthwith  bring  Titus  Oat*^,  t»ovi  la  4il 
custody,  to  the  bar  of  tbii»  House. 

On  the  30t}i  Titus  Gates  vras  brought  ro  te 
har;  and  having  kneeledi  waii  tobl,  "Tboi 
were  exceptions  taken  at  bis  stUin;;  hum^ 
D.  D,  in  his  petition.'*  He  «aid,  *•  Tl«u  ^ 
is  Doctor  of  Divinity,  and  had  hi»  IK|^  tt 
Salamanca  in  Spain."  Ttieu  he  w«»  caa^ 
manded  to  withdraw.  The  Hutt^»  iinoa  riB- 
^ideralion,  called  him  to  tbe  bftr  i^BSii.  k^ 
he  was  told,  **  That  ibe  House  rtjquirni  Mmm^ 
strike  out  the  ti*o  D.  D,  lu  his  in 
said,  '*  he  could  not  do  it  out  of  * 

Ui»oci  tliis,  it  is  Ordcre<r^  That  Titu» 
be,  and  is  hereby,   rttitandtd  tn  the  cUKlod} 
thti  mar&halof  *ihe  ■  >      That  l^ 

uiorrow  at  twelve  vi  House  nA 

lake  into  •  '   iL^'sUu^fwiin 

of  error  *'■  "Kue;  at  »birk 

time  all  tUu  Jn  ■  rt**ieut.    T1at« 

Hiehard  llollo^  mcis    Wilhu»«b 

attend  this  Houni  v«^  I livM,  ...  .i. ,  ,,  .i,_i 

upon  the  occasion  of  TitT 
the  three  writs  of  error  d*^  J ' 

On  the  next  day  tli'   1     nU  i 
opinion  of  all   the  ju  L 
gaJity  of  the   two 
Gates,  upon  t!ie  poii 

he  hath  brought   his  viiit*  ul  tdrroir  luto  htik 
House,  to  hu%e  them  reversed  t 

The  House   upon  con  ,  a»d  aAif 

bug  debatCi  had  this  nia  u^TOfimi^ 


STATE  TRIALS,  iSAtsti  11.  lSI9.-/0f  Pirfuty. 


ttsi$ 


10  it^TFrw  the  iwo  jud^eots  gWen 

Rk  TlUis  Oitcs,  in  relation  to  the 
^  Tbo  prt'Tlous  <}U€Stton  uas  prif 
i 


Ifi  que 
Fil  in  lljr 

ih**  two  ptrjunts 


be  tiow  nut  f  It 

Then  til  0  tnain 

I  rtverse  l!ie  Iwn 

1  *rUu5  Oaieii,  in 

U  was  rc»ohed 


ven  to  such  lords  sb  wtll,  to 

nts;    aii«l  accoidiuj^ljr  these 

iin^  do  enter  ibek  diseeuts,  in  tbcfie 

r  that  the  king's  bencli^  bdng  ft  tem- 

!.  ttrA*h^  it  part  ortbejuilgtncnt,  that 

i  clerk,  should  for  his  sairi 

>ted  of  hia   canonicBl    and 

to  continue  divested  all  his 

matter  wholtv  out  of  their 

toftgiiig  to  the  ecclesiastical  courts 

r  tluit  the  sidd  judgments  are  bar- 
Nuitin,  and  uocbristiLui ;  and  theie 
eilents  to  ^v arrant  the  punishments 
ig  and  committing^  to  prison  for  life, 
me  rrr.  ...."T,  .  which  yet  were  but 
'  ptti  inflicted  upon  him. 

ir  tii~,  ;..v.  it.irticalar  matters  upon 
t  iadietnaents  ware  found,  were  the 
seied  agninst  Mr.  Titus  Uates's  tes- 
fleferaluf  the  trials,  in  which  he  was 
»  be  a  g^d  and  credibie  vritnesSi 
ttifiefl  a|;j;ikinst  him  by  most  of  the 
^m^  who  wtinessed  against  blm  upon 

m  tbtl  tbi«  Will  be  an  cccourage- 

r  ejifingF  the  like  cruel, 

Judgments  bereai'ter, 

ii  tie  rev  Closed. 

John  Holt,  sir  Henry  Fal> 

f  justiceti^  and  sir  Roltert 

with  six  judges  more  (be- 

i.pn  f>'*'»-'*f It),  for  these  ami 

iurc  U9,  scilf  mnly 

,  ,    .        ianimously  declare, 

said  judj^ements   were  coutvary  io 

Hnent  pructice,  and  therefore  errune' 

Ujjfht  to  be  reversed, 

•cftti^  it  is  contrary  to  the  declara- 

«if  February  last,  which  was 

I  lis  Spiritual  and  Temporal 

ri  Hsseinbled,  and   by  their 

M  d  ill   purthment,  nnd  en- 

./-'tordx  of  parliament^   and 

1  V  ;  wiiereby  It  doth  appciir, 

,  ...V  ♦   ..,j|^  ^Q  (,g  reipiired, 

nor  cruel  nor  un- 


vv^Mirt,  Comwallis,  H, 

by  rirtae  of  their  Majesty's  writ 
Me  into  the  Hou^e  of  Pecpj  in 
Ml  a  re«ord  of  the  court  of 


Riog*B  Bench  was  bmttght  into  (his  court,  Oft 
the  fourth  of  April,  1689,  witli  a  trauacript 
thereof,  wherein  jmlgmeut  is  entered,  for  and 
on  the  behalf  of  the  late  king  James  the  2od^ 
ixg'Mn^x  Titus  Gates  clerk,  upon  a  judgment 
tor  perjury  ;  upon  which  writ  of  errors  bein^ 
assigned  by  the  said  Titus  Oates,  and  Issu9 
joined  by  sir  Henry  Polexphen  their  Majesties* 
Attorney  General:  and  after  hearing  counsel 
for  the  said  Titus  Oates,  (no  counsel  appenring- 
for  their  31ajesties)  oq  the  afilh  of  April  lart 
past: 

After  do^  cot«id€ration  had  of  what  wat 
ofierod  by  counsel  thereufM>n,  it  in  this  day 
ordered  and  ailjudged,  by  the  Lonls  Spiritual 
and  Temporal  in  parJiaraent  assembled,  That 
the  said  Judgment  given  on  hi:>  late  l^Iajesty'f 
behalf  against  the  said  Titus  Oates  he,  and  is 
hereby,  affirmed ;  and  that  the  transcript  of  tb» 
taid  record,  wherein  Judgment  is  entersd  om 
afoi^said,  be  remitted. 

The  Tenor  of  which  Judpfment  followi,  to 
be  aiHxed  to  the  record,  to  be  sent  b<»ek; 

*  Postea,  scilicet,  4*  Die  Aprilisi,  Anno  Re^ 

*  ni  Domini  Wili'i  et  Dominn!  Mariae,  nunc 

*  Regis  et  Iteginie  Anjylia?,  &c.  Primo,  Tran- 

*  script.  Record,  et  Process,  prted.  inter  Parte* 

*  prad.  cum  omnibus  ca  tangen.  Prete3ttucu- 

*  jusdam  Brevisde  EiTorecorrigend.  perpr:E- 

*  fat.  Titum  Oates  in  pripmiss.  pitxsecut.  dicto 

*  Dnmino  R^  et  Reginse,  in  priesenti  ParUa- 
'  mcnto,  a  nried.  Cor.  dicti  Domini  n«gis  et 

*  Dominjc  Rcgniffi  hie  transmiss.  fujt;  pned. 

*  Tittis,  in  eadem  Curia  Parliamenti  corapa- 
'  rens,  diversas  Cau^ias  et  IVlaterias  pro  Errori- 
»  bus  ifl  Record,  et  [Voccss.  pned.  pro  Revo* 

*  catione  et  Adnullatione  Judicii  pned.assi^f- 
*navit;    et  postea,   scilicet,    31^  Die    Mail, 

*  Anno  diet.  Domini  Regis  et  Dominte  Reginse 

*  suprflpdict.  in  prspsenti  Curia  Parliamenti 
'  prcEd*  visi^  et  per  Curiam  ibidem  diliijciiter 
^exHminat.  et  plenius  intellect,  tarn  Record. 
"  et  Process,   prted.  ac  Judicio  super  ei^lero 

*  reddit.  quam  prted.  Error,  superius  assignaL 

*  pro  CO  quod  ridetur  Cur.  Pariiamenti  piffid. 

*  uuod  Record,  ill.  in  nullo  vitiosum  autue(ec- 

*  tiv.  existit»  et  ^juod  in  Recordo  ill.  iu  nullo 

*  fuit  Errat.   ideo  adtunC  et  ibidem  conjiidera- 

*  turn  est   |>er  eandem  Cur.  Parliameti  pr«d, 

*  tjuod  Judic.  praed.  in  omnibus  affirmetur,  ct 

Wbereas,  by  \  jesties  writ  of 

error,  return  ■>'■  of  Peers   in 

piirliament  .  f  the  court  of 

Kin;i*s  llet),  1.  ^...  J  litis  court,  on 

th{'4tUdiiv  of  Aju'iJ,  t';i9,  with  the  transcript 
thereof,  wherein  judgiui^ fit  i^  entered,  for  and 
on  the  beb  rif  of  the  late  king  Jaim^  the  3nd, 
against  Titus  Dales  clerk,  upon  a  judgaifot 
for  perjury  ;  upon  whinb  writ,  errors  being  as- 
stl^neil  by  the  said  TiUisi  Oates,  aud  issu« 
joined  by  Henry  PoUexO-n  their  majesties  At* 
torney  Uenernl ;  and  after  bearing  counsel  for 
the  said  Tilns  Oufts,  (i  '  ippeariog  for 

their  ra&jfsti<fk)  on  the  .  il  last  past. 


UfT]  STATE  TRIALS,  1  Iambs  II 

After  due  cODsideration  had  of  what  was  of- 
fered by  counsel  thereupon,  it  ia  this  day  or- 
dered, by  the  Lords  Spirihiat  and  l^emporal  in 
parliament  assembled,  That  the  said  judi^meut 
l^iven  on  his  late  majesty's  hebalf  agaiiist  the 
said  Titus  Gates  be,  and  is  hereby,  affirmed  ; 
and  that  the  transcript  of  the  Said  record, 
wherein  judgment  is  entered  as  aforesaid,  be 
remitted. 

.  The  Tenor  of  which  Jud^ent;  to  be  affixed 
to  the  Record  to  be  senttback,  fbltows : 

<*  Postea,  scilicet,  4^  DieAprilis,  Anno  Rcg- 

*  ni  Domini  Guhelmi  et  Dominse  Mariie,  nunc 
'  Re^is  et  Regime  Aii^lice,  Sec,  Priroo,  Tran- 

*  script.  Reconl.  ct  process,  pned.  cum  omni- 

*  bus  ea  tangen.  Prsetextu  cujusdam  Brevis  de 

*  Error,  corrigen.  per  pnefat.  Titun.  Gates  in 

*  premiss,  prosecut.  dicto  Domino  Regi  ct  Re- 

*  giuff,  in  pnrsenti  Parliaroento,  a  pnedicta 

*  Curia  dicti  Domini   Regis  et  Reginip,  hie 

*  transmiss.  fuit ;  preed.  Titus,  in  eadem  Cur. 

*  Parliamenti  coni|mrcns,  diversas  Causas  et 

*  Materias  pro  Erroribus  in  Record,  et  Process. 

*  pned.  pro  Revocatione  et  Adnullatione  Ju- 

*  dicii  procd.  assignavit ;  et  pc«tea,  scilicet,  SI® 

*  Die  Maii,  Anno  dicti  Dommi  Ite^is  et  Domi- 
*iiie  Regime  supiadict.  in  pnescnti  Curia  Par- 
'  liamcnti  prsd.  visiset  per  Cur.  ibidem  dili< 
'*  center  examinatis  et  plenius  intellectis,  tarn 

*  Record,  et  Process,  pned.  ac  Judicio  super 

*  eisdem  reddit.  quam  pned.  Error,  supenus 

*  assign,  pro  eo  quod  videtur  Curiic  Parlia- 

*  menti  pr«d.  quod  Record,  illud  in  nullo  vi- 

*  tiosum  aut  detectivum  exi»tit,  et  quoO  iu  Jte- 

*  cord,  illo  in  nullo  fuit  Errati  deo  ad  tunc  vt 
'  ibidem  consideratum  est  per  eaiidem  Curiam 
'  Parliamenti  pra'd.  quod  Jiulic.  pru.>d.  iu  oui- 

*  nibus  afiiriiietur,  et  iu  omni  suu  Uobore  stul 

*  et  Effectu.'' 

Gn  the  2d  of  June  leave  was  given  for  the 
bringing  in  a  bill  to  secure  persons  from  the 
prejudices  which  may  come  by  the  oatlis  of 
Titus  Gates  but  of  this  bill  1  find  nothing  fur- 
ther in  the  journal.  Gn  the  same  day  atler  hear- 
ing counsel  at  the  bar,  to  arj^ue  ervon  assigned 
by  Titus  Gates,  upon  a  Writ  of  Error  brought 
into  this  House,  from  the  Court  oi'  King*s- 
bench,  the  4th  dav  of  April  last  past,  to  which 
James  duke  of  Albany,  afterwards  lute  kiii<T  of 
England,  &c.  was  defendant,  upon  an  action  of 
bcandahim  Magnutuni : 

At\er  due  consideration  had  of  nhat  was  of- 
fered bv  counsel  thereupon,  the  Lonis  Spiritual 
and  lemporal  in  parliament  assembled  do 
onler  and  adjuilge.  That  the  said  Judijuient, 
given  afrainst  Titus  Gates  aforesaid,  shall  be, 
and  is  hereby,  revei-scd. 

The  Tenor  of  which  Judgment,  to  be  affixed 
to  the  Record,  follows : 

•  Et   Posten,  seilieet,   Quarto   Die   Aprilis, 

*  Anno    Regni    Domini   GuiI'mi  et  Dominie 

*  Maritc  Regis  et  Reginee  Angl.  5cc.  Primo, 

*  Transcript.  Record,  et  Process,  piied.  cum 

*  omnibus  ea  tangen.  Pneteilu  cujusdam  Bre- 

*  vis  diet.  Domini  Regis  at  Reginu^^  de  Error 


.  1685.— THkf  0/  TUu9  OaieM,         [UB 

*  corrigend.  per  preefat.  Titum  Gain  in  Pn- 

*  mist,    prosecut.  Domino  Regi  et  Dm' 

*  Reginae,  in  prspsenti  Parliamentoapud  W« 

*  a  preed.  Curia  diet.  Dotuini  liegis  et  Dsa 

<  Reginse  hie  transmiss.  fuit;   pnedictTvta 

*  Gates,  in  propria  persona  sua  lu  eadem  Cv. 

*  Parliamenti  comparens,  diversas  Cauns  A 

<  Materias  pro.  Error,  pro  Revocatione  ct  Ai- 

<  nullatione  Judicii  nnedict.  placit.  ad  quud  did. 

*  Dominus  Rex  et  Domina  Itegina  per  Henric 

*  Polexpheu    Mil.    Attomat.    suum    Geoenl. 

<  comparen.    placitavit  quod  nee  in  Remi 

<  et  process,  pned.  nee  in  redditione  Judici 
'  pned.  in  ullo  est  Errat. ;  et  postea,  icilicft, 

*  1°  Die  Junii,  Anno  Regni  diet.  Domini  d 
*■  Dominee  Guliel.  et  Mariie  Primo  supitte. 
'  in  pned.  Cur.  Parliament,   prsed.  dicianB 

*  Domini  Reg^s  et  Dominn   Regioc   siioe, 

*  visis  etpcr  Cur.  ibidem  diligenter  cxuakim 

<  et  plenms  intellectis  tani  lUcord.  et  Procw. 

<  praed.  ac  Judic.  super  eisdem  reddit  qoa 

*  pred.  causis  et  Materiis  pro  ErronbusiupciiH 

*  assignat.  et  allegat.  maturaque  DelibenliiM 

<  inde  habita,  consideratum  est  per  Cur.  pmd. 
'  Parliamen.  quod  Judicium  prted.  rerooetv, 

*  adnulletur,  et  penitus  pro  nullo  habeatur.' 

Gn  the  6th  of  June,  the  House  having mt- 
ed,  **  That  an  Address  might  be  presentd  to 
their  majesties,  from  this  House,  thai  tbcf 
would  be  pleased  to  pardon  Titus  Gales,  mi 
discharge  uim  from  the  remaining  puoishmntt 
he  is  liable  to  undergo,  from  the  two  judijmceti 
of  peijury  against  him  in  tlie  court  of  Kior'i- 
Bench," 

The  Lord  President,  tlieearl  of  Bridffpwatef. 
earl  of  Macclesfield,  earl  of  Nottingham,  i»^hop 
of  St.  Asaph,  bishop  of  Sarum,  lord  ^\|jirtoo. 
and  lord  (iodolphin,  were  ap{»oi!ite«l  t'"ntjHjLi 
to  draw  an  Address  to  this  etiect,  and  re|xvt :: 
to  the  House. 

The  LonI  President  repoited  the  fomi  (A  u 
Address,  which  was  as  follows  : 

*^  To  the  King  and  Queen's  moa  exMlest 
Majesties. 

**  We,  the  I/ords  Spiritual  and  Temporal ii 
Parliament  assembled,  do  make  it  our  bunibii 
request  to  your  Majesties,  That  w!ierea>Tiini 
Gates,  clerk,  hath  already  received  a  s«TPrepfl- 
nishment  tor  the  perjury  w  hereof  he  liaiL  u^a 
formerly  convicted,  and  that  some  of  the  said 
punishments  will  l)e  still  continued  upoo  l>nn. 
unless  they  shall  be  rcmitteil  by  your  Mij<-»i.e4 
gracious  pardon  : 

**  Your  niajesties  will  ho  jri-aciously  [>lt**i 
to  grant  your  pardon  to  the  said  Titus'()altNt'> 
disehur«re  him  from  the  reniainin«r  \ml  •' 
those  minishments,  which  he  wiiluihtrnAa^ 
be  liable  to  undergo.'* 

This  Address  was  reail,  and  agreed  to. 

Ordered,  by  the  Lords  Spiritual  and  Ton- 
poral  in  Parliament  assi>iiiblc*d.  That  the  lA'i 
Pri*sidcnt,  the  Lord  (ireat  Chamlfertain,  lai 
the  earl  of  Nottingham,  do  attend  tbrir  Mi' 
jesties,  with  the  AddrcM  (4'  this  HouKCM- 
cerning  Titus  Gates. 


USO]  STATE 'niiALS*  36  Charles II.  l6S4.—£.  of  Mffcc/fff^/ifv.S/tfrftf^.  flSSO 

ment  to  tlie  king',  reauirincf  that  his  tnajestr 
ivoulil  be  graciously  |)ieafc'ed  to  grant  him  Int 
pardon:  2.  The  king's  pardon  in  consequence 
of  that  address:  and,  3.  A  pension  of  5/.  a 
week  in  lieu  of  the  scTeral  pensions  formerly 
granted  him  by  kine  Charles  of  634/.  60/.  and 
1200/.  per  an n.  which  he  had  been  deprived  of» 
and  which  he  had  now  again  applied  for,  and 
expected  to  he  restored  to." 

Sir  John  Rcresby,  under  date  December  26, 
1680,  says,  "  I  dined  with  that  excellent  man 
Dr.  Gunning,  bishop  of  Ely.  The  famons  Dr. 
Gates  was  ot  the  company  at  table,  and'flushed 
with  the  thoughts  of  running  down  the  duke 
of  York,  expresse<l  himself  of  his  highness 
and  his  family,  in  terms  that  bespoke  him 
a  fool  and  something  worse;  nor  contented 
with  this,  but  he  must  rail  at  the  qaeen,  hit 
mother,  and  her  present  majesty.  In  this 
strain  did  he  hurry  on,  while  no  soul  dared  to 
oppose  him,  for  fear  of  being  made  a  party  of 
the  Plot ;  till,  no  longer  able  to  bear  with  the 
insolence  of  the  man,  I  took  him  to  task  to 
such  purpose,  that  he  flung  out  of  the  room 
with  some  heat.  The  bishop  told  me  that  such 
was  the  genenJ  drift  of  his  discourse ;  that  he 
had  sometimes  checked  him  for  the  indecency 
of  his  talk,  but  that  finding  he  had  done  it  to 
no  manner  of  pur|>ose,  he  had  desisted  from 
any  farther  effort  to  set  bounds  to  his  fini- 
lence.** 


On  the  next  day  the  Lord  President  report- 
ed that  the  Lordf^  bad  attended  the  king  with 
Address,  and  that  his  majesty  had  given 
'  for  issuing  out  his  I'ardon  as  desired. 

Od  the  11th  of  June,  the  House  of  Com- 
noiis  came  to  this  resolution  : 

"  Reso1?e<l,  That  the  prosecution  of  Titus 
'•*  Gates,  upon  two  indictments  for  perjury  in 
••  the  court  of  King's- bench,  was  a  design  to 
*<  stiOc  the  Popish  plot,  and  that  the  veniicts 
**  ffiven  thereupon  were  corrupt;  and  the 
**iiidgment8  given  thereupon  were  cruel  and 
•-ill^al." 

On  the  2d  of  Jnly,  A  bill  was  brought  into 
the  House  of  Commons  to   reverse  the  two 

rncnts  ag^nst  Gates,  it  was  passed  and  car- 
onto  the  Lords  on  the  6th,  on  which  day  it 
I  tnere  read  a  first  time,  but  it  was  uerver 
into  an  act,  the  Lonis  having  made 
i  amendments  in  it  which  they  would  not 
jetinquish,  and  to  which  the  Commons  would 
not  agree,  notwithstanding  different  conferences 
hetneen  the  two  Houses  respecting  them. 
'  for  an  account  of  the  procee<iings  in  parlia- 
ment,  respecting  this  Bill,  See  the  fiftu  Vol. 
-cTCobbetrs  Pari.  Hist.  p.  289,  386. 

**  Upon  the  whole  matter,"    says  Ralph, 

^*  Oates,  by  the  dint  of  the  struggle,  made  a 

Aift  to  obtain,  1.  An  address  from  the  parlia- 


'8fi4.  Proceedings  in  an  Action  of  Scandaluni  Magnatum,  between 
Charles  Earl  of  Macclesfield  and  John  Starkey,  esq. 
36  and  37  Charles  II.  a.  d.  1GS4 — 1685.  [Now  first  printed 
from  tlie  MSS.  of  Sir  William  Williams,  in  the  Possession  of 
his  Descendant,  C.  W.  W.  Wynn,  esq.  and  the  MS.  Reports  of 
Mr.  Justice  Street,  in  the  Possession  of  Francis  Ilargrave,  esq.] 

and  for  thirty  years  last  past  was  a  i>cer  of  tho 
realm,  and  a  gentlernau  of  the  bed  chamber 
to  uur  sovereign  lord  the  king. 

That  tlie  Defendant  nialiciDUsly  devising  the 
honour  of  the  Plaintiff  to  lessen  and  wound  ; 
and  to  oaus(r  him  to  be  reputed  and  taken  for  a 


Kbamles  Earl  of  Macclesfield,  tarn  pro  Do- 
mino Hege  quaiD  pro  seinso,  Plaintiff; 
John  8tarkey,  Ksq.  Defendant.* 

JN  an  Action  bron^ht  by  the  Plaintiff  upon 

fte  Statute,  2  Richard  2,  De  8candalis  Mag- 

."^lAtamtf  against  the  Defendant :  Wherein  the 

^Inaintiff  declares  upon  that  Statute,  That  he  is 

*  The  M8.  of  this  Article  appears  to  be  the 
liaod  writing  of  sir  William  Williams. 

f  The  law  Dc  Scandalis  Magnatum  rests 
>  M  three  Statutes  ;  viz.  Westminster  the  First 
is  Edw.  1.)  c.  34,  (as  to  which,  s<*e  loni  Coke's 
Hecond  lust.  p.  <2li5,  and  Harrington's  Ohser- 
irations  on  Wextm.  Primer) ;  H  Hie.  2,  c.  /», 
(as  to  which,  see  liarr.  Obs.  thereon)  ;  and 
18  Ric.  *2,  c.  11. 

The  Stat.  Wes<m.  1,  c.  .')4,  commands, 
**  That  none  be  so  hardy  to  toll  or  publish  any 
lUae  news  or  tales  wliereby  disconi  ur  rx^casion 
•f  difOoni,  or  slander,  may  grow  lietwe<>n  the 
luoff  and  his  people  or  the  gn^at  men  of  the 
Tteloif  and  he  that  doth  so  Nhall  bo  taken  and 
bpt  in  priion  until  he  hath  brought  into  the 

VOL.  X. 


person  ilisaffected  to  the  government,   and  a 
disturber  of  the  |>eace ;  and  to  cx|»08e  him  to 

court  him  which  was  the  first  author  of  the 
tale." 

And  by  Stat.  2  Uic.  *2,  c.  .'»,  "  None  shall 
devise  or  speak  false  news,  lii^s,  or  otli<,T  such 
false  tbiu'^s  of  the  prelatr-s,  diikc-i,  earls,  barons, 
and  otbir  iioldes  and  ^'I'reni  mrii  of  ilx*  realm, 
aiKl  of  the  ehaiiccllor,  trtasmor,  clerk  uf  th« 
Privy  S(»al,  fcte\v}>rii  i.f  lli«^  Kiiiif\  House, 
jnslitrcs  of  the  niie  beiirli  or  il)i>f)tlier,  and  other 
gn'iit  (>lfi«'U's  of  i\w  ri'uiin,  anti  lie  that  doth 
.<»hall    iiirui'  t!iL-  pai'i  of  the  stat.   Westm.   1, 

c.;n." 

And  by  Stat.  1'.'  Kir.  Q,  <•.  11,  "When  any 
snrh"  [|jns:iii  : '.  i ;  dt-M-riiHMl  in  the  foregoing 
"itatnt'.-si  "  is  taken  imA  impriboiu'd,  and  cannot 
lind  him  by  who:u  the  sp'.u'j^  be  moved,  he 

4U 


1331 ;  STATE  TRIALS,  56Chablbs  II.  i6M^E.o/JILK€lufidiT.SUrbg,  [ISSt 


\vs  TDajesty*i  di«[ilcasiire  and  (lift rust.  17  8ep. 
.1:3  Car.  ?.'at  IVaijU^'c  in  iltecoun'v  of  Berk?, 
hy  coiiftj'irary  bet'.vci-ii  Liui  ar.fl  sir  Thc-iuai; 


Grosreacr  with  seven  more  Bused  in  tlir  De- 
ri aratioo.  did  f&lselT.  pr.d  m»LcicusI%.  witiooi 
aoy  lauiul  or  r€a£<:i«&b:ecaii£e,  pcu«ib  auu- 


may  be  |;>Kii>hed  \f\  titu  a<hicf- ot'ihc  roimcil, 
notwitlisundint^  tin  s.'atutes  it  Wcstiu.  1,  c. 
S4;  and  2  Kit.  CJ.  c  5-  ' 

'I  Uun[;U  the  U.i*x-in-j  Statsites  lio  .ret  ex- 
|irtn»NK  L'^«:^a'i  "fli'-n,  _\i  t  it  I  jus  bctrii  U  ifkii, 
titat  :lie|i;iii\  ir.jn.td  ii  u\  can. tain  uii  actiun 
(:n  Mat.  U  Uic.  2.  c.  .5,   iipiiD  (iie  firiiiiiple  n)' 
law  that  UII  nrfi'.n  li(>  di  a  statu'.p  Mhich  pro- 
KiliiJs  tisc  ♦'■*i<:ir  i:u  ifl  i.»  Uh-  jir«  jii'iice  ot'ai.o 
t:.f.r,     Tli«ii:;itj  thr*  dit^nily  •»!  Viscount   was 
not  enact f  d  ui.c:i  t)if-:»e  Matures   were  inaile, 
\it  it  lias  iii'<rj  Iiri<!<  n  tLat  such  disunity  'i<  . 
uiiliinthc  ^taiutts,  aiitl  si:.<:t  the  Union  a  p<fr 
of  Scotland  also  iii-*y  t4';ke  adianta^r;  of  tbeiie 
fctHtutes.      See  S:-;v*u»Vi   Al>rlH;^niierii    of  tiift 
Jaw   of  Nisi   l'iiu%  i:ii.\  »*  Siander,'  !.tc.  1. 
Kmlyn  in  UU  Ifrurnc-d  Preface  to  the  Second  i 
Kdition  of  the  State  Trials  ^lisrhtly  n:cDtions  I 
casc-s  of  Si-andaluiii  3Iai2rDatuiii,  fSce  in  this  , 
l^olltction,  vol.  1,  p.  x.wij  and  Mr.  Chri»tian,  | 
ill  a  Note  to  :}  lilack^t.  Comin.  124,   (i:>th  j 
ifiition)  makes  some  otseriatioriS  upon  t!iei:i. 
He  enters  sf^mev^hat  inUithe  distiuctioiis  be- 
tween Hcandaluni  Masfn^timi   uiid  slander  of 
ordinary  persofisi,  and  hr  notices  that  the  ac- 
tion fu/Scand.  .^laqf.  is  nr«iv  seldom  or   never 
resorted  to.   Under  ti-.e  title  *'Scnndaliiiii  Ma{^- 
nutuni,"  some  I'-arnint;  on  the  sidijcct  is  i^l- 
lectcil  in  tlie   l^u*  Dictionary,  edition  l(i09. 
tk-ii  in  thiri  Collection  soniC  pi-neeediiiL'-.s  in  au 
action  de  Scaud.  Mc^ri.   the  duL^  of   ^'ork 
airnijist Titus  Oaus,  June  li;tb,  Uoi,  p.  125, 
ol'  this  voiuinc. 

Thevt-  actions  vhiili  lord  ?T;:ri  leslicld 
hroii:^bt  fii;.tiii.st  tho  CiicMiiio  (ji'ui.ii-Jiiryiueii 
ior  pris.  ijj.lij'j'  liim  as  a  s;-<litii.v-  .\.iniesscr, 
^c.  were  ji'irt  ol' t:,?::  s\  stern  o;*  nniiual  hiiil 
perst.-cutiiMi  by  v.  Itiili  tlic*  \>  bius  jinil  Tciii  > 
torni(:nt».i'  each  otl.  r,  a:id  ('i.iia^iM!  ti:.:;- 
coiiniry  ilurij.i,'- ilif  l;ii:;:r  \tar.s  i-f  ilic  uii;!.  of' 
ki|j;;j  (.harlcs  llie  .Second. 

liishop  Burr.et  tells  us  liia% 

«•  Tiic  duJ:.'  of  liiai.r.M  i,  1  rd  I\;.  il.-ironrrh, 
and  some  «»ii.i  is,  bioi'ulitf.ci.nns  otScr.i.'.lalum 
Matrnaruin  .'t^ain^t  those  \;!.o  in  ili**  time  of 
our  ;^ieat  lu-at  hiul  sprJie  foul  thi;;.;-j  of  ilii  m  : 
and  y;i«*at  «lain:*tre.'j  iM  ;c  jfi^en  I>y  (i'»v.e(iui.'Us 
an«l  /.t':i!ni:s  iMric:.>.  An  inlornijition  of  a  lii'jfiier 
iiatuif  vvus  :*ioui;!jt  ai^:iiii>t  Williams,  \-i!.o, 
t!io(i:j[h  he  was  a  voiibless  man,  yet  v, r.s  litr 
his  Zeal  cboM-n  .Sj,r  .i;.-r<»f  the  Ho:lso  of  (Sim- 
mons in  t!ic  t*.v<i  la>t  jK-.:'I.:uii(.'iiis.  fie  liati  li- 
ci-nsed  the  printin;^  tiiC  votes,  \  li-.cb  Inid  in 
theiu  Miailci-s  of  scandal  reruii!!:^  to  mnuj 
Lords.  Soaii  intorii«ation  ivas  brought  against 
hiiii  :  and  he  upon  it  deinmrLiI  to  the  juiis- 
diet'on  of  tli*-  Court.  This  was  d'iven  on  pur- 
pose \.\  the  duke's  party,  tocutolftliethouifhis 
of -mother  parliament*;  siriee  it  was  not  to  be 
S!ippos<:d,  that  cr.y  lluuii"  of  Commors  could 
h:ar  the  puuishin-r  thi-  Ni.caker  for  obtyint; 
tkeir  orders.'     1  fJunict,  j:m. 


^.Sic-  b.v  Willi;  ii:  W  aiian^s's  Case  ia  ibif 
C«j I ic  t tir^n ,  % .  D .  i  c: r 6 .  J 

I  have  not  Ivcn  ^il!«.  ic-  meet  irirh  a  rtpwtof 
any  cf  ibt*e  'ihaU.  !  ut  the  t^!lowii»g  Lctr-ti 
wliicb  occur  in  ihe  Ccmmcrs'  JoarcAlsshoTuT 
afier  tiiC  Keioiutien  relate  lo  <>ocic  of  tfacro. 

*•■  Vcutr.s.  22  die  Noveml  ris  1  Guiitlniicl 
Mariif.  On!ertd,  That  lea^c  be  given  to  bho^ 
in  a  Bill  to  rt^irse  fi  o  Ju' 'crnicBts  oUaiDfd  bj 
the  dnke  of  Di^ufuit  :U  ti«  o  cctions  of  Scabda- 
lum  .^lagnatum,  caie  in  the  Common  \%m 
ae&iti^t  sir  Trevor  Williams  bart.  for  K'.iidO/. 
damages,  and  the  other  in  the  Kin^'f-bKich 
agzinst  John  .Arnold,  esq.  lor  10,000/.  ilaOMgn." 

**  Ordercil,  That  there  be  also  a  clai»e  la 
the  aforesaid  Bill,  to  disciiarge  an  actkm  for 
Scandchim  3lasnatuin  now  depending  betvcvi 
the  cuke  of  Beaufort,  and  John  DuttoD  CoU, 
esq." 

Ii  appears  that  the  Bill  was  read  a  fir4  tinw 
on  the  29th  of  the  same  month,  and  a  fccw4 
time  on  the  SrJ  of  January  following.  It  «ii 
then  refeiTcd  to  a  select  committee,  and.  oo  tht 
24ih,  Mr.  Christy  rei>orts  from  the  Committee 
to  whom  the  Bill  for  reversing  of  two  Jnd^ 
mcnts  in  two  actions  brought  by  the  Duke  sf 
BoRufott,  u|ion  the  statute  of  Scandalis  Hag- 
natuni  ;  one  against  sir  Trevor  Williams,  bail 
and  the  other  a^inst  John  Arnold,  esq.  tod 
aUo  to  discharge  an  Action  df|)eudinfr  bet«cci 
the  said  Duke  and  John  Dutlon  Colt,  *«^ 
upon  the>a:d  statute,  was  referred  ;  **Thilth« 
Duke  ln:l  'jivt-n  sirTn:>or  W  illioms  a  relca«, 
under  hisl.aml  n!ul  seal,  (f  the  Judcmeat  ob- 
laiL«d  against  him;  and  tl«:il  >Ir.  CoU  wtf 
contented  to  vididraw  his  order,  and  n?lertbe 
niaiter  1=)  the  Diike's  honour  :  Aiid  thatlbere- 
[  fore  the  Comnsitter  hid  ajjreetl  to  leave  out  of 
the  ];ill  all  matters  rclatiu-i^  to  sir  Trevor  WiJ- 
iiams  and  Mr.  (.'olt :  and  hadatrreed  toamefid 
:ho  sa'iiie  ac»"ordin';l\  ;  an  I  i.tade  it  to  r*4iic 
to  -If.  11. .old  only:  which  Amendnient*  be 
lead  in  his  place,  vfiih  the  coherence,  aoH  din 
deliveit'd  the  same  in  at  the  Clerk '»  TaWf : 
when  ;ltc  same  were  onct^  read  throughout; 
and  al'Jcrwr.rds  a  second  time,  one  b}  oce; 
and,  ii]  ()!i  the  question  severally  put  thefcupoo, 
ai;:iTed  unto  by  the  Itou<e.'* 
'  "  (>nIcred,*That  the  Bill  be  ingrosscd." 

Three  days  afterwards  that  parlianieot  vii 
proroi,^u<d,  an.!  it  was  nevtr  ai;'ain  confoked. 
On  the  ,M.lh  of  iMarch  (bliowiiii;  a  new  par- 
hamf  nt  in<'t,  and,  on  the  third^  of  the  n€Sl 
month  ;  leave  was  given  to  brin^  ihto  the 
iFousc  of  Commons  "  A  Bill  tor  revcrvD^ 
a  Jiid:;mcnl  obiaiufd  a;;ain>t  Jtdm  Arr.o1d, 
eMj."  and  th«'  Jiill  was  prcMiutiil  to  ihe  Hook 
and  received.  Ou  the  4th,  it  was  ordered '» 
bu  rcaii  on  the  morrow  morning ;  at  whirfc 
time,  ho\^e\cr,  I  do  not  find  thatanv  tbuf 
was  done  upon  it.  On  the  7ih  the  bill  vm 
read   a  first  time,  and   the  House  rettltc'i 


1S3S]  STATE  TRIALS,  36  Charles  II. 

dalous  definDfttory  and  malicious  Libell,  bv 
them  falsely  and  maliciously  devised,  traiuetl^ 
mod  written  against  the  Plaintiff. 

The  tenor  whereof  follows  in  English  in  the 
Declaration : 

'  We  the  Grand  Jury  sworn  to  enquire  for 

*  the  body  of  the  county  of  Chester  at  the  as- 

*  Mzet  held  in  the  Common  Hall  of  Pleas  in  the 

*  castle  of  Chester,  upou  Monday  the  17  th  day 
'  of  September,  Anno  Domini    1683,   having 

*  heard  his  M»esty's  Declaration,  &c.' 

The  Plaintiff  avers  he  never  was  disaffected 
to  the  ^vernment  nor  a  disturber  of  the  peace ; 
nor  ffuiltv  of  any  of  the  matters  contamed  in 
that  libell  against  him  : 

Whereby  the  Plaintiff  is  much  wounded 
m  hit  honour,  hath  lost  the  grace  and  good 
opinion  of  his  majesty ;  And  by  reason  thereof 
divers  false  rumours  and  scandal  Is  are  stirred 
and  divuli^  among  the  nobles  and  commons 
of  the  Plaintiff,  and  many  discords  may  thereby 
arise  : 

Contra  formam  Stat  ad  damn.  10,000/. 

The  Defendant  pleads  the  Plaintiff  ought 

not  to  have  or  maintain  his  action,  <  tjuia  dicit 

Vi|uad  ad  sessiuncm  Cestr'  tent,  apud  Cestr' 

'in  comitat'  Cestr'  in  Communi  Aula  placit' 

That  il  should  be  read  a  second  time  on  the 
Borrow  uioming.  I  have  not  found  in  the 
ibomalsany  further  mention  of  the  Rill  until 
Thmadav  the  first  of  May,  when  it  is  entered, 
that  "  Blr.  Arnold  desiring  leave  to  withdraw 
Us  Bill  for  reversing  the  Judgment  given 
•ninit  him  in  the  King's  Bench ;  Ordere<l, 
Aalhe  be  at  liberty  to  withdraw  the  same 
•ooordingly.*' 

The  second  session  of  that  parliament  com- 
menced on  the  2nd  of  October  fuUoiving,  and 
Qa  the  18th  of  November,  the  House  of  Coin- 
I  Oidered,  That  no  more  private  Bills  be 
_lit  in  to  this  House  Uiis  session  until  such 
are  already  brought  in  or  ordered  to  be 
Bronrht  in  be  dispatched,  except  a  Bill  for  re- 
t«rang  a  Judgment  against  John  Arnold, 
mq.  in  the  King's- bench."  On  the  next  day, 
**  A  Bill  for  reversing  a  J udgtnpnt  against  John 
Arnold,  esq.  in  the  Court  of  King's- bench''  was 
preaeoted  to  the  House  and  received.  On  the  ' 
Slat  it  was  read  the  first  time,  and  ordered  to 
be  real]  a  second  time. 

On  Saturday  the  29th  it  was  ordered  to  be 
read  on  the  Monday  following,  which  was  ac- 
cordingly done  r  and,  upon  a  division,  the  bill 
was  ordered  to  be  ingrrwsed.  On  the  fillh  of 
December  the  Bill  passed  the  Commons,  and 
was  ordered  to  be  carried  to  the  Lords  for  thi ir 
eoDoarrencej  which  was  done.  In  the  House 
of  Lords  the  Bill  was  read  a  first  time  on  Sa- 
torday  the  6th  of  December,  upon  which  occa- 
non  a  debate  arose  whether  the  Bill  should  be 
vneoCcd.  This  debate  was  adjourned  to  the 
mlowiDgTueadav,  and  it  was  ordered,  That 
•D  the  Lords  be  then  summoned  to  attend.  On 
that  day  the  debate  was  resumed,  and  the  Bi|i 


iGSi.'^/orScandaiumMagnatuni,  [IdSl 

*  comitat',    prcd'    17  die  Sep'ris  35  Car.   2. 

*  coram  Gcorgio  Jefferys  mi  lite  et  baronetto 
'  uno  servient'  dicti  domini  regis    ad  k>gein 

*  justiciar'  diet'  dom'  regis  Cestr'  et  Johanne 
'  Warren,  armicer,  altero  justiciar'  dicti  dom' 
'  Regis  comitat' predict,' 

The  Defendant  and  sir  Thomas  Grosvenor 
and  (he  rest  named  in  the  Declaration  with 
others,  '  debito  mo<lo  secundum  leges  hiijus 
'  regni  Anglite,'  were  impannel led  and  returned 
to  be  Jurors  of  the  great  Inquest  at  the  said 
session*!,  nnd  were  then  and  there  sworn  and 
char(^(>4l  to  iiicjiiire  for  the  king,  and  for  the 
body  of*  the  county  of  Chester,  of  certain-ar- 
tides  to  til  em  there  delivered  by  the  said 
justices. 

And  that  they  with  the  rest  who  were  of  the 
sai<l  inquest,  *  Secnudumjuramentisui  debitum,  , 
'  et  secundum  evidenciam  et  testimonium  eis 

*  cxhibitum,'  of  the  Plaintiflf,  and  acconlingto 
their  consciences,  and  to  preserve  the  peace  in 
the  said  county, 

Presentaverunt  (did  duly  present)  in  the  Eng- 
lish wonls  in  the  declaration  mentioned  as  was 
lawful  for  them  to  do ;  Absque  hoc,  that  tjie  De* 
fendant  is  guilty  *de  premissis,  ^c.  in  narratione 
,  predict'  superius  npecificut,  et  ei  ini|>osit'  in 
,  predict'  Comitat'  Berks  seu  alibi  extra  predict'^ 

There  is  in  3  Mod.  Rep.  41,  a  short  Note 
concernincf  a  collateral  i)oint  which  arose  out 
of  an  action  brought  by  lord.  Macclesfield 
against  sir 'I'homasCirosv'enor,  foreman  of  the 
Cheshire  Grand-jury,  by  which  the  present- 
ment of  the  earl  had  been  made.    The  ivord 

*  tedious'  appears  to  be  twice  printed  instead 
of  the  word  ^  seditious'  in  this  Note,  which  is 
as  follows : 

"  The  Plaintiff  brought  an  Action  upon  the 
statute  De  Scandalis  Magnatum  against  sir 
Thomas  Grosvenor,  for  that  he  being  foreman 
of  the  Grand-jury  in  Cheshire,  spoke  these 
words  of  the  plainliff,  ^*  He  is  a  tedious  man, 
and  a  promoter  of  sedition  and  tedious  ad- 
dresses."        * 

«The  Plaintiff  desired  that  the  Defendant 
might  put  in  special  bail ;  but  the  Court  would 
not  grant  it,  and  said  it  was  a  discretionary  thing, 


and  not  to  lie  demnndul  of  right :  it  was  de< 
of  Xortblk,  unless  oatu  mad< 


nied  to  the  Duke  < 
of  the  words  spt^ken. 

**  Tlir  Court  therefore  ordered  common  bail 
to  be  filed." 

In  the  MS.  "  Hisiorical  Account,"  &:c.  by 
Narcissus  Luttrell,  in  the  All  Souls'  Library, 
is  the  following  £ntry  : 

'<  1683.  Oct  4th.  The  Grand-juries  at  the 
Quarter  Sessions  for  the  county  of  Sussex, 
held  at  Midhurst,  and  for  the  county  of  Ches- 
ter, have  presented  the  mottt  considerable  pf 
the  Whig  Party  as  dit>loyal  and  disaffected ; 
amongst  whom  are  some  m)blemen,  divers 
knights  and  -  esquires,  and  many  gentlemen^ 
who  any  ways  faror  the  Whig  Pftrty." 


I  duke  of  Monmoutb  ;*  that  he  is  no  favourer  of 
Fanatics,  aud  iion  coiifunuisUpreachers:  tbfttbe 


13S3]  STAT£ TRIALS,  36  Charles  If.  l6S4^E.6fMaccIe$Jleldv.Sm'key,  [I33S 

'  comitot.  Ccstr'modo  et  forma  prout  the  Pluin- 
'  tiff  declarefs  vel  aliter  vel  alio  mudu  f|uaiii 
*  tlie  Defendant  liath  alledged,  et  hoc,  etc' 

The  Plaintiff  demurrs  specially  :    For  that, 

1 .  This  Plea  amounts  to  the  general  issue 
only. 

2.  Thai  the  Defendant  ought  to  hare  plead- 
ed the  ^neral  issue. 

3.  That  tlie  traverse  is  inirnaterial,  repug- 
nant in  itself,  and  argumentative,  etc. 

4.  That  tlic  Plea  doth  not  auiwcr  the  De- 
claration. 

_     rn     A  -4    I   *i         M.  »i_    A  .1  ^A  1  -f*""  »r  II  Willi  urar  |Hr>3«.'9s>ii*u  wi  <s  t:iuv«u. 

5.  That  It  doth  not  a|.i«,r  that  tbo  matters  t,,,  ^i,„i,-  croud  are  d^zzl«l  *ith  >^ 
pWled  were  retord«l,  iior  .loth  the  I'ltacon-  ^,„,  „„  ,,i^  ^„,„  ,  f^.^  ^^^i,  ^J 
elude' prout  pateti>errecorduni.^                         i  -,.    .           «    ..  *  !  .«      -.    » 


The  Defendant  iiath  joined  in  Demurrer. 

The  laiv  hath  conceiixd  such  an  opinion  of  the 
peaceable  disfKisition  of  noblemen,  that  it  hath 
keen  thought  cnous^h  if  one  of  iliem  pr4»ini>«^ 
upon  his  honour,  that  ho  would  not  break  the 
|)eace  against  u  uiiin.  Hrotike,  Tit.  Contempts. 
«».  2+  Ed.  3.  JO.  1?  Ed.  4.  4.  DallouSunly  of 
the  Peacf,  cap.  117*. 

17  lid.  4.  4.  If  a  pereon  %vill  demand  sureties 
for  the  peace  ni;ainst  a  {K^rsun  fur  no  otiier 
I'ause,  but  that  Itn  is  in  do:;ht,  that  that  other 
^rson  will  take  him  and  imprison  him,  the 
peace  ought  not  in  be  granted  by  the  court. 

Dr.  Coiitcmpts  6.  AVheiieas  other  persons  are 
imprisoned  or  bound  to  the  peace  in  tlie  same 
rase,  the  peer's  Hord  passeth,  thai  he  will  not 


*  The  motives,  circumstances,  and  coose- 
queuces  of  Monmouth's  progress  (a.  d.  161% 
in  quest  of  popularity,  are  related  by  did^erent 
authors  with  differenlt  degrees  of  niinuteiKsi 
Drvden  thus  8|>eaks  of  it  in  the  Absalom  lod 
Acbitnphel : 

"  Surrounded  thus  with  friends  of  ev'rj'soit, 
Delnded  AI>salora  lorsakes  the  Court; 
impatient  of  high  bopi's,  urgM  with  renown, 
And  (irM  with  near  possi'h>ion  of  a  crown. 

" surpiist, 

II V  person  ft-**n  tneir  eyes. 
His  joy  concearif,  he  sets  himself  to  show 
(hi  each  side  bowing  |>opularly  \o\\  : 
His  locks,  his  gestures,  and  his  words  he  frame?, 
And  with  familiar  €»asc»  repeats  their  naro'-s. 
Thus  formM  bv  Nature,  furuishM  outwitharii, 
He  glides  unfelt  into  their  secret  hearts : 
Then  with  a  kind  comp.issionating  look. 
Anil  sighs,  iH^speakinjf  pity  vxv  he  spoke, 
Few  wonis  he  said  ;  but  easy 'those  and  fit, 
More  slow  than  Hybla  dni'ps,    and  far  UMt 
sweet. 

1  moum,  my  countrymen,  your  lostesiite, 
Though  far  unable  to  prevent  your-^aic: 
Behold  a  banish'd  man,  for  \nur  dear  cause 
KxposM  a  prey  t<»  arbitrary  laws ! 
Vet,  oh  !  th:it*l  alone  could  be  undone, 


Cut  off  from  empire,  and  no  more  a  son ! 
meildle  whh  the  party,  though  he  had  menaced  !  -Now  all  your  liberties  a  spoil  are  made; 
to  beat  him.  '  '  Euypt  and  Tyrus  intercept  your  tra  te; 

1.  This  way  of  presenting  is  a  now  coui-pp,  ;  And  Jrbiisites  y<»ur  snered  rites  invade, 
and  will  alter  *ihe  old  methods  i»f  justirr,  in  a  |  My  iJuher,  whom  with  rev  Venee  yet  I  Dtmf, 


iMJitterso  iiiirhly  iieeessary  to  ilio  !:<iinini>.tra- 
tion  of  !M.<iifi',  «  s[)!-eiaily  Ly  t,r;'ril  j'ui*-.'*. 

'i.  Thiswu\  all<rsiii»*  uiLtu;)' olprev.iiiJnur.ts 
nn»l  tln.ir  I'ornis,  and  inny  niahlc  juries  Id  write 
.'•ny  i\iUv.  and  malirioiis  iKin*:,  and  iliey  are 
exempt  froiii  actions  I, c  it  never  so  iUlse,  m-ver 
60  uiaiiriou-^. 

.'}.  The  injured  hiUli  no  other  way  to  aequit 
hiniself  of  such  imputation  bnt  liy  action  :  he 
rannot  tmverse  such  presentuient,  shall  Ik 
traverse  their  apprehensions  or  th»;li  iiarj»i* 
the\  affirm  notliin^''|)Ositi vel}, shall  he  traverse 
their  jud;;nicnt  that  ho  ought  not  to  he  honi.d 
to  the  p<  are  ?  Don't  this  presentn.eht  eoi,elu.!e 
him,  that  lie  must  he  bouml  to  the  peiu'c  upon 
thtsc  surmi^ifs  :'  Is  the  court  huuiiJ  hy  ihis 
prescntmeiit  i'  ran  he  try  [<iu.  trr.vi  is.'/]  tha:  l.e 
was  not  an  athhesser  tn^lr.  iJooth  and  Sir  Uo- 
b(Tl(.'olton  ;  [that  he]  was  notoi'thr  Itrnornmus 
.Tury  ;t  that   he  w:is  not  at  the  reetipt  of  the 

*  See,  too,  La:ii!ianl,  rn,  o'i. 

•|  See  the  C'ase  ol"  h)r(l  SlialU'shury,  vol  G, 
p.  739,  of  this  C»)Ile<tion.  Of  tin:  reeeption 
ghcnhy  juriis  to  kyai  (hiOtrines  wliieli  aredis- 
aureeahle  to  them,  Dry  den,  iu  the  Medal, 
thus  w  rites : 

'J'iie  luau,  who  lau;;ird  bat  once  to  see  an  arts 
Atumhling  t(»  make  the  erobs-grain*d  thistles 
lliglit  laugh  again  to  see  a  jury  chaw     [pass, 
The  pricWles  of  unpalatable  law. 


(liaiiiiM  iijt«»  lusf,  is  t.-arelcw  uf  his  fame; 
Aiid.  hrtijM  wiih  pi'tt\  sums  of  toreigo  ^j^old. 
Is  i;[it\%  n  in  lSath<h<rha\  endirnees  old  ; 
K.xalts  his  enemies,  his  tVifuds  dtMP.^;, 
Am!  all  his  pow 'r  aj:iins!  himself  unploys. 
He  ;:ive-i,  and  let  him  v:>^e.  niy  liiriu  away; 
linl  why  shonlfl  he  hisuwn.  and  youn»lietrd\' 
He,  only  he,  ean  mak(>  the  nation  bleed, 
And  he  alone  tVoui  ni}  rev  enj^t-  is  freed.    [t\ts- 
'i'ahetlun  my  ti-ars.   (wiili   that  he  v^ipM  liii 
'Tis  all  the  aid  my  present  powV  snpplits: 
No  citurt-inlormer  ean  these  arms  aeeu^; 
Tilt  se  arms  may  sons  ayfuinst  their  fiithors  im : 
\inl  'lis  iiiy  wisih  ihe  next  siieeessor's  n  ijju 
May  mr.K.Mio  other  Isiiulite  complain. 

^'rluth,  heiii.tv,  graeelul  action,  seldom  fail; 
Hut  eninnion  mtVe^t  atwaxs  will  provad: 
Ami  pily  never  eeases  to  he  shown 
'I  o  hiiii  who  makes  the  jieoph-'s  wnmgs  hisoirn. 
The  erovvd  that  still  believe  their kmg»oi»|irK>i*. 
A>  ith  lifletl  hands  their  young  JMessiah  Ii|l^'>: 
\\\u}  now  he;rit»s  his  pwgirss  to  onlain 
AVitii  ehaviots,  horsemen,  and  a  numerous  train: 
From  ea'l  to  west  his  tflorit^  he  displays. 
And,  like  the  sun,  the  Promised  land  surveys. 
Fame  runs  before  him  as  the  mominsf-^ari 
And  shouts  of  joy  salute  him  from  afar  : 
Kach  house  riTeives  him  as  a  guanlian  god, 
And  Cf>n«:er rates  the  place  of  his  alMNlp. 
But  hospitable  treats  did  most  cotnniend 
Wise  Issachar,  hi»  wealthy  western  f ' 


kTE  TRIALS,  96  Chables  II. 

I  at  any  riotous  assembly  ?  these  are 
so  as  they  are  traversable  in  this 

is  a  diflerence  between  an  action 
se  for  a  false  and  malicious  ^rose- 
person  by  indictment,  and  a  con- 
piracy  many  thinjB^  are  required  to 
hicb  are  not  necessary  to  maintain 
Kin  the  case.  As  that  the  party  is 
odo  acqoietat/  inde,  that  the  indict 
nd,  that  the  indictment  be  sufficient 
(e  ar(R  not  necessary  in  case. 
id  Crashaw's  Case,  2  Roll,  268. 
I.  Palm.  315.Cro.Car.l5.  Latch. 
!S03. 


rin^  Report  of  the  Argument  of 
d  (probably  the  same  who  was 
s  Lord  Chief  Baron)  for  the  Earl 
afield,  and  of  Mr.  HoH  (probably 
who  was  afterwards  the  admirable 
tice  <<f  England)  for  Mr.  IStarkey, 
article  by  way  of  Answer  to  some 
t  by  Holt,  which,  I  apprehend,  re- 
this  Case,  are  among  the  MSS. 
•merly  belonged  to  sir  Wm.  Wil- 
d  which  have  been  very  obligingly 
by  his  descendant  Mr.  Charles 
i^illiams  Wynn,  for  the  improve- 
lis  Work.  In  the  margins  of  se- 
the  pages  containing  the  report  of 
gument,  are  Observations  in  a  dif- 
l  much  worse  hand- writing.  These 
ons  are  here  printed  by  way  of 
th  the  designation  of  *  MS.'  Home 
kce  may  be  noticed  between  the 
»f  these  marginal  Observations  and 
Dts  of  the  Answer  to  Holt.  The 
he  MS.  Report  is  here  retained. 

r  court,  that  caught  the  people's 
es, 

but  pomp,  did  other  ends  disguise : 
1  bad  form'd  it  with  intent 
be  depths,  and  fathom  (where  it 
ent).  [foes, 

s  hearts,  distinguish  friends  from 
eir  strength  beibre  they  came  to 
ows. 

coloured  with  a  smooth  pretence 
love,  and  duty  to  their  prince, 
id  retlress  of  grievances,      [please, 
I  that  always    cheat  and  ahvayg 
rg'd  ;  and  good  king  David's  lite 
by  a  brother  and  a  wife, 
ageant  shew  a  plot  is  made : 
tself  is  war  in  masquerade." 

irol.  9,  p.  395,  of  thisCoUectiou. 


l684«f-/or  Seaudatum  Magnmtum,  £1^38 

The  MS.  of  the  Answer  has  no  title  or  other 
account  of  itself.  Some  passages  in  it  might 
excite  a  conjecture  that  it  was  a  speech  of 
the  Plaintiff.  It  appears  to  me,  that  there 
is  not  any  retembhuioe  between  the  band* 
writing  of  the  *  Report,'  *  Obser? ations,'  or 
<  Answer,'  here  printed,  and  those  of  other 
Manuscripts  belonging  to  Mr.  Wynn,  which 
bear  satisfactory  internal  evidence  of  having 
been  written  by  sir  William  Williams.] 


Term,  Mich.  Anno  xxx? i.  Car.  9.  Ree.  Martisy 
Nov.  35,  A.  D.  1684  in  Scacc\ 

Earl  of  Macclesfield  v.  Starkey. 

This  day  was  argued  the  Cause,  befiyre  the 
Barons  of  the  Court  of  Exchequer ;  by  Mr, 
Edward  Ward  of  the  Inner  Temple,  for  the 
Earl,  Plaintiff;  and  by  John  Holt  of  Grays  Ina 
for  the  Defendant. 

Mr.  Ward's  Argument. 

Mr.  Ward.  May  it  please  yotir  lordship, 
Charles  earl  of  Macclesfield,  viscount,  and 
,  baron  of  Brandon,  is  Plaintiff,  and  John  S  arkey 
esquire,  is  the  Defendant.  This  c<MT)es  before 
your  lordship  upon  the  Plaintiff's  Demurrer  to 
the  Defendant's  Plea. 

The  Plaintiff  hath  in  this  case  declared,  *  tarn 
'  pro  Domino  Rege  quaui  pro  Seipso.'  and  iiete 
forth,  That  by  the  statute  ma«le  at  Gloucester 
in  the  second  year  of  king  Richard  the  2d,  It 
is  (inlei-ed,  and  strictly  pruhibited,  lliat  from 
henceforth  no  one  should  he  so  hardy,  as  to 
devise,  8|>cuk,  or  relate,  of  tl>e  prelatts,dukeB, 
earls,  barons,  an<l  other  noble  and  ^re:ii  men  ef 
the  kingdom  of  Ent^Iand,  i<or  of  the  chancellor, 
treasnrer,  derk  of  the  pi  ivy  seal,  steward  of 
the  kind's  household,  justices  of  tlieone  l»enoh 
or  other,  or  ot  an^-  other  g^at  officers  of  the 
kingdom  aiiy  Ihise  news,  lyes,  or  any  such  like 
falst  hoo<ls,  uliorrby  scantlall  or  discord  might 
ariNO  within  the  realm, -and  that  he  that  sfatraM 
do  the  Same  should  incur  the  pain  erdaincd  m 
the  statute  of  Westminster  the  first.  Then  the 
Plaint iti'sheweih,  That  for  thirty  ye^rs  last  past 
he  hulh  been  and  is  one  of  the  nobles  and  peers 
of  this  realm,  and  has  for  that  space  been  one 
of.the  gentlemen  of  his  majesty 's  hed-cliamber, 
and  in  all  that  time  hath  demeaned  himself 
in  those  places  and  honours  with  all  faithful- 
ness and  integrity,  and  justly  and  tkitbfully 
serve<l  the  king :  Vet  the  Defenihmt  the  afore- 
said  statute  little  weighing,  nor  fearing  the jpain 
ortlained  in  the  statute  of  Westminster  thenrst, 
but  maUciously  contriving  thf  ^;oodname,etate, 
credit,  dignity  and  honour  ot  the  pleintiff  to 
hurt  and  blacken,  and  the  plaintiff  as  a  person 
disaffected  to  the  covernment  of  this  kingdom, 
and  a  disturber  oi  the  peace,  and  public  tran- 
quillity, and  state  of  the  kingdom,  to  OBase  to 
be  esteemed,  and  reputedi  ami  to  «Mite  the 


toe  same  uoeii  wo  iutoiicu  cuorrivcu  luiu  wnv- 
ten  to  divers  noblemen  and  peers  of  the  realm, 
and  other  honourable  and  venerable  persons, 
aubiects  of  the  kiny^,  then  and  there  did  openly 
and  publicly  affirm,  speak,  relate,  publish  and 
,  divul^  Xnd  that  the  Defendant  by  the  said 
conspiracy  between  him  and  those  other  per- 
sons, in  the  same  libell  divers  false  fci^^ned, 
and  contrived  and  invented  scandalous  words, 
lyes  and  falsehoods  of  the  plaiatiif,  \%ith  a  fa!se 
and  malicious  mind  to  defame  and  scanil:;lize 
the  plaintiff,  then  and  there  falsely  and  malici- 
ously, and  without  any  lawful  or  probal)le 
cause,  to  be  written  did  cause,  ami  procure. 
And  then  sets  forth  the  tenor  of  the  libeli  in 
hfec  verba.  The  effect  w  hereof  is,  that  the 
persons  therein  named,  (for  it  begins  thus)^ 
**  We  the  \rmnd  jury  sworn  to  enquire  for  the 
body  of  the  county  of  Chester,"  and  the  effect 
of  all  is,  That  having  heard  his  majesty's  De- 
clarati(»n  concerning  the  late  conspiracy  of  his 
life  and  government  read  at  the  sessions,  and 
in  their  parish  cliurciies,  they  conceived  it  hi^jfh 
time  to  manifest  their  separation  from  such 
persons  and  princi|>h*s,as  are  therein  mention- 
ed,, and  held  themselves  bound  in  that  dt«tem> 
percd  juncture  of  atfairs,  to  present,  that  they 
nad  strong  apprehensions  of  danger  from  a  dis- 
affected party  in  that  county,  that  is  such  as 
did  present  a  Seditious  Address  to  Mr.  Buoth* 

*  This  Address  is  printed  in  the  second  vo- 
lume of  State  Tracts,  8cc.  from  the  year  1660 
to  1689,  and  is  as  follows  : 

The  Cheshire  Address. 
"  To  the  honourable  Henry  Booth,  esq.  and 
sir  Robert    Cotton,    lit.   and  bart.  being 


uie  piiunua,  liDU  uiTcn 
ed.  Then  the  Declar 
that  this  writing  cm 
scandalous  matter,  the 
with  the  said  other  jjen 
and  maliciously,  read 
to  be  read  and  publish^ 
plaintiff  the  earl  neve 
government  of  this  n 
the  peace  or  public  trai 
nor  any  ways  guilty  < 
against  him  in  the  said 
those  things  the  plai 
honour  and  diij^iity,  is 
dalizcd,  and  lost  the  ft 
esteem  of  the  king, 
great  men,  and  by  ret 
divers  false  rumours 
many  of  the  peers  and 
and  other  the  king's  s 
plaintiff  have  arisen  a 
great  scandals  and  dist 
premises,  between  the 
men,  do  arise,  and  da 
arise,  to  the  great  distu 
public  tranquillity  of  t 
tempt  of  the  king,  anil 

never  to  be  forgotten)  a 
promoted  the  union,  su| 
true  Protestant  reli^u 
and  the  only  expeilien 
tuate  these  to  our  pm 
what  the  late  parliamen 
the  duke  of  York,  and  a 
provide  for  the  defence 
jesty's  person ;  vigow 
tHjvery  of  the  horrid  Pt 


TATE  TRIALS,  36  Charlbs  II..  l6S4.^/or  Sitrndaknn  Magnaimm.  [15iS 


fCftiMfail  and  gTie?ance  of  the  earl,  the 
•gainst  tlie  form  of  the  statute,  and  to 
^e  of  the  plaintiff  ten  thousand  pounds. 
8  declaration  the  defendant  pleads, 
,  because  he  saja,  that  at  a  sessions  of 
boklen  io  the  Common  Hall  of  Pieas 
wunty,  the  day  in  the  Declaration 
ifore  sir  George  J efferies  knight  and 
iistice  of  Cheat(»r,  ami  John  Warren 
nother  justice  of  that  county,  the  de- 
rith  sir  Thomas  Grosvenor,  and  the 
•sons  named  in  the  Declaration,  and 
le  others,  *  debito  modo  et  secundum 
hujtts  Refirni  AncMtc*  were  impan- 
1  returned  to  be  of  the  grand  inquest, 
«  the  said  justices  were  sworn  and 
lo  enquire  for  the  king,  and  the  IkmI^ 
•unty  of  Cheater  *  <le  certis  articulis 
m  per  prefatos  justiciarios  traditis,' 
ae  the  defendant  and  those  other  per- 
the  rest  that  were  of  that  inquest, 
m  jurameoti  sui  debitum  ac  se- 
evidentiam  et  testimonium  eis  ibidem 
m  de  prspfato  comite  ac  juxta  eorum 
tias  ac  ad  conservandam  pacem,  &c. 
nodo  preseo tavern nt,'  in  the  English 
the  declaration  set  forth,  '  prout  eis 
uit,*  and  then  he  comes  and  traverscth, 
ab»qu€  hoCy  that  he  is  guilty  de  prm 
be  declaration  speci6ed,  *  in  predicto 
I  Berks,  seu  alibi  extra  prsedictum 
im  Cestr'  modo  et  forma  prout,'  the 
as  declared,  *  velaliter,  vel  alio  modo,' 
tiefendaiit  has  before .  bv  his  plea  al- 
d  prays  judgment,  if  this  action  can 
ined. 

plea,  the  plaiatifT  hath  demurred  es- 
and  shews  divers  causes.  As  first, 
lea  amounts  to  the  general  issue,  and 
:eneral  issue  in  this  case,  ought  to  be 
Hecondly,  that  the  traverse  is  imma- 
mgnant,  argumentatire,  and  wants 
hirdly,  that  the  plea  doth  not  answer 
ation,  hut  is  also  argumentative  and 
Fourthly,  that  the  defendant  doth 
rtb,  that  the  matter  hv  him  pleaded, 
cord,  nor  doth  coucluJe  as  he  ought, 
tet  pel  Uecordum.' 

efendant  hath  joined  in  Demurrer. 

his  whole  record,  I  humbly  conceive 
iiisaion,  my  lord,  that  there  appears 
Uration  that  hath  been  thus  opened 
ise  of  action  for  the  Piuintiff,  and  that 
cause  of  action  is  not  sufficiently,  in 
I  or  substance  answered,  denied,  tra- 
avoided,  by  the  defendant's  plea  that 
likewise  opened,  and  consequently 
ought  to  be  given  for  the  plaintiff  to 
8  damages. 

1,  there  are  some  things  that  I  desire 
0  premise  in  the  case,  and  I  shall 
mention  them,  and  the  first  is  this. 
t  this  action  here  brought,  is  an  action 
Domino  Rege  quam  pro  Heipso,'  and 
to  the  oninion,  4  Co.  13,  in  all  these 
i  king  bimidf  is  intertytsd  mod  osO" 


ujiif  ueciarauon  sei  ronn  u 

son,  both  in  dignity  an<l  ofl 

First,  in  dignity,  he  is  a  | 

it  is  set  forth  in  the  dech 


3.  My  lord,  this  action  that  ia  grounded 
upon  the  statute  de  ScandalisMagnatum,  is  an 
action  very  much  favoured  in  law,  and  deserves 
so  to  be,  as  being  tor  the  punishment  of  such 
bold  persons  as  raise  and  publish  fiilse  things 
and  scnndabi  of  the  noble  men,  and  great  offi- 
cers of  the  kingdom,  whereby  discord  anil 
scandal  may  arise  between  the  king  and  his 
people. 

3.  That  a  lesser  thing  in  the  case  of  a  peer 
will  serve  to  ground  and  bear  an  action  than  for 
the  case  of  a  private  person,  and  there  are  great 
reasons  i'or  this;  the  ereatoess  of  their  per- 
sons, their  nearness  to  ue  king,  and  the  con- 
cerns they  have  in  the  affairs  of  the  Jcingilom, 
are  so  considerable,  that^n  their  case,  ^unde 
*  falsi  Uumores  oriri  poasint'  this  action  will 
lie,  when  it  would  not  do  so,  in  the  case  of  a 
private  and  ordinary  subject. 

4.  Another  thing  I  would  premise,  is  con- 
cerning the  quality  of  the  plaintiff,  who  is  by 
this  declaration  set  forth  to  be  a  very  great  per* 

*   '*  '    "  *  office. 

peer  of  the  realm,  and 
declaration,  that  he  hath 
been  so  for  the  spac^  of  thirty  years  past  and 
more. 

Secondly,  in  office,  for  it  is  likewise  set  forth 
that  be  is  and  hath  been  so  long  a  gentleman 
of  the  bedchamber  tp  the  king,  aplace  of  thn 
highest  trust  that  I  know  of.  These  things 
appear  in  the  declaration,  and  are  wall  known 
and  not  denied  by  the  defendant. 

5.  The  next  thing  that  I  would  premise  is 
this :  this  case  as  it  copies  before  the  court,  is 
before  them  upon  a  speirial  demurrer,  wherein 
all  advantages  of  exception  to  the  defendant's 
plea  both  as  to  the  substance,  and  as  to  form, 
are  saved,  and  to  be  alk>wed  to  the  plaintiff. 

These  things  being  premised ;  now,  my  lord, 
I  shall  come  to  the  consideration  of  the  plain- 
tiff's ctfuse  of  action,  and  the  defendant's  de- 
fence ;  where  I  shall  desire  leave  to  go  by  these 
steps.  , 

First,  I  would  observe  the  nature  of  the  plain- 
tifTs  action. 

Secondly,  the  nature  of  the  defendant's  plea. 

The  plamtiff  in  this  action,  my  lord  of  Mac- 
clesfield, charges  the  defendant  by  the  declara- 
tion with  these  things: 

Furst,  that  by  a  conspiracy  in  Berkshire  with 
other  persons  he  invented,  writ,  and  publistied 
this  scandalous  libel. 

Secondly,  that  all  the  matter  in  the  declara- 
tion is  charged  to  be  done  falsely  and  mali* 
ciously,  and  with  a  malicious  mmd,  without 
anv  lawful  or  probable  cause. 

'riiirdiy,  that  it  was  done  on  purpose  Id 
scandalize  and  defame  the  plaintiff,  and. 

Fourthly,  the  consequences  of  it  are  in  the 
close  of  the  declaration  recited  (viz.)  that  the 
pUintiff  suffers  m  his  reputation  ;  discords  and 
scandal  have  arisen  and  more  may  arise  to  the 
disturbance  of  the  peace,  in  contempt  of  the 
king  and  the  great  scandal  and  grievance  of 
the  plaintiff. 

My  lord,  I  shall  observe  this  upon  the  matter 
8 


is  pi  rue  V  ;  It  i!>  a^  a  netnLli^us  ' 

ilrvaser  li»  tlie  it  ujtx'.     It  ctolh  | 

charsj^e  him  Rs  u  tiutmij^,  luuntUiious,  receirer 
and  entiMtnitier  of  the  duke  of  ^loninoulh,  who 
is  therein  »aui  i*  be  one  of  tUe  conspirators 
•ffninstibe  kiug's  Viie  atifl  ^^oreronienti  aad 
Inen  liti<>wisc  it  tloth  charge  him  ii«  a  frequenter 
of  conventicles,  and  a  harbourtT  of  ntm-con* 
IbrmifltA.  Tli«*!*e  are  tlie  tiimg^s  that  tJiis 
writtner  (which  the  defi-ndant  in  charged  hy 
the  declanilion  to  have  nivcnteil,  written,  and 
published)  dolUcs^rry  in  it,  aud  thai  in  a  special 
DianncT  Lave  inrtuence  u\nux  tlif  idiiutUF,  the 
earl,  vvho  is  here  liefore  you*  «^eking  a 

f etucdv*  by  this  action,  for  i  i  i  and  pre* 

j  11  dice  beh;«s  incurred  hy  it. 

I  do  not  «ay,  that  in  thin  case  these  thitt^ 
directly  and  in  ttrmtnit  m'e  cliarged  upon  the 
plaintirtl  But  L  humbly  cuuceiv*?  ?l  is  worse 
ihaii  If  it  had  tio  done ;  because  if  this  had  been 
a  direct  and  pi>sitive  charge,  there  liod  been,  a 
way  to  have  put  the  fact  under  its  due  exami- 
nation, which  noiv,  as  it  is  tlius  penned  and 
mapaged,  cannot  be  done.  If  dierelore  hy  any 
fiUional  and  arj^^umentnti^e  cniificqiience  or  in- 
ftt^nce,  that  cajn  be  drawn  nr  u^adc  from  thk 
writuijgf  as  tUuA  framed,  it  can  be  concluded  that 
ihitse  are  wordswhicU  carry  reflection  iind  dis- 
honour upon  this  ^reat  jK^er,  tbouj^h  thei'e  be 
^ot  dir«€t  and  pneTtlve  affit'm&tions,  yet  cer- 
tainly they  aressucH  cahuiiniaiinijf  and  reproach- 
ful reflections  as  will  support  tiu9  action  :  ii  is 
not,  1  c<inceif e,  necessary  titat  tljtre  should  be 
aliirinative  wortk  but  any  oblique  scandal  in  tbe 
case  of  a  peer  will  bear  an  action. 

As  In  tny  lord  of  Feterbui^i's  case  *,  as  it  l& 
feportcd  in  ftlr.  Htderfin*^  ReporU,  fi>.  434, 
Micb.  21  Car,  2,  JJ  U.  where  nn  action  w^ 
brouifht  au<1  adjudgeti  maintainable  for  these 


G.*iUui  trudti  by  whirfl 
and  so  to  caune  the  pi 
ao^aintii  the  fanners  a| 
forendeaTourinsf  by  ooi 
todc  j 
case  I 

upon  iLie    iriai    tiu'V 

thin^bnt  only  a  coi 
tanners  of  the 
fact  ol'«g;retit] 
laid  in  (he  tn( 
court  held^  tli 
or  agreeraent 
sucb  things ) 
and  they  were 

The  statute  of  S^ 
laws  that  hare 
able  in  this  case, 
laWf  wherever  an  indie 
racy  will  lie  a^iost  tm^ 
the*  case  in  the  uatiiN 
aglUn^t  any  one  of  th 
ooneelve  thWe  w  a  sufi 
forth  in  the  PhiintitT^s 

Now,  I  come  to  a 
Defendant's  Pica ;  a 
answer  fully  the  Pku 
excuses,  justifies,  IN 
cau^e  of  acticin  !iet  fort] 
1  coticcivc  with  sul 
not. 

I  shall  not  take; 
what  a  juryman 
sworn  in  a  com  t  of 
eonusable   by   l' 
ai^iosi  such  w 
books  that  hu}4  Mum 


lort] 

] 


f»' 


■   STATE  TRIALS,  36  Charles  II.  l684.— /sr  Scandalum  Mttgnaium.  [13*6 


Declaration,  for  ivbicli  this  mctioD  is 
^  by  the  Plaintiff'. 

I,  then*  th«^  Defendant  says,  tlmt  thnre 
Ikssions  held  at  Chester^  iu  the  I  In  It  of 
Uiere,  the  17 tb  clay  of  September  imbe 
ition  mentioneil}  Wfore  sucb  and  such 
•f  naming  tbcnn.  Then  he  says,  that  the 
lant  and  others  by  name  were  there  hc> 
f  to  the  laiVB  ot  this  kingdom,  in  due 

irapauDelled  and  retunied  to  be  of  the 
Inquest,  and  sworn,  and  charpfed  uith 
articles  which  were  delivered  untothem, 
B  said  justices  ;  and  npon  eridence  and 
^ny  to  tliem  i^iven  concemiusf  the  Plain- 
id  according-  to  the  duty  of  their  oalhs« 
Dcording  to  tlieir  consciences  they  did 
Ibe  presentment,  in  the  £nglish  wor<ls, 
iBeclaraiiofl  set  forth,  as  it  was  lawful 
m  to  do. 

\  tny  I^»rd,  I  conceire  this  jastification 
fpfeaded  h  not  suSicient  cither  in  form  or 

Hot  sufBeient  as  to  form,  for  it  hath  nnt 
I  of  pr^entmentthat  is  usual  m  atl  pre- 
lis  of  Grand  Juries,  for  it  doth  not  say 
He  persons  did  present  this  matter  upon 
l^s.  The  settlerl  forms  of  law  are  to  be 
I,  and  these  are  the  settled  forms  la  all 
s,  *  Jttratores  pro  Domino  Rege  et 
Sacrament  urn  snum  prt^sentant.* 
b,  my  Lord,  I  conceive  it  doth  not  ap- 
l  all  this  Plea^  that  this  preseolment 
feftdeci  by  the  Defendant  ist  the  Fame 
rttlilbehbell  or  writing  set  forth  Ju  the 
tion.  And  there  ure  these  differences 
p  them. 

il,  that  which  is  ict  forth  in  the  declara- 
r  alledged  in  itself  to  be  at  the  assizes 
kt  Chester  iu  the  casile  of  Chester  such  a 
but  that  which  is  in  the  plea,  is  said  to  be 
"  sesaions  nf  Chester  in  the  count v  of 
in  the  Common  Hall  of  Pleas  of  the 
inty.     Neither  bath  the  Defendant  in 
plea  said  that  this  is  the  same  "Wrilinef, 
for  which  the  action  is  brought,  for  be 
have  averred  that,  and  said  it  was  the 
And  there  is  not  so  little  in  the  former 
!,  as  at  first  perhaps  may  lie  thought, 
bath  many  jurisdictions,  some  by 
imon   law,  others  by   grants   from  the 
and  others  by  statute^  and  it  doth  not 
r  ihat  this  court  was  held  particularly  by 
f  these,  for  it  might  as  aforesaid  hafe 
^  and  different  jurisdictions  upon  various 
ifferent  titles,  it  might  have  ita  asr^izea^ 
t  one  placCf  and  its  sessions  at  another*  i 
the  paper  in  the  declaration  liaving  set  J 
brth  to  be  lit  the  assizes,  and  the  pai»er  , 
hplea,  being  said  to  be  at  the  sessions,  \ 
the  one  and  the  same,  and  so  the  plea 
not  answer  the  declaration  as  it  ought  to 
Ktly  and  in  terms. 

lord,  I  humbly  conceive  the  plea  in  this 
oes  not  answer  the  plaintitrs  cause  of 
f  a»  to  the  matter  of  it.  It  is  true  all  pre- 
cuts  of  jurors  arc,  and  slumld  be  of  such 
in  a  court  of  justice,  as  that  court  where- 


in  the  presentment  is,  has  conusance  of,  and  in 

such  a  manner  as  that  the  party  accused  may  havo 
rec«itir«ie  to  tlmt  court  in  defemlhimsctt^  by  ex» 
arainatiun  and  trial,  whether  the  things  charged 
upon  hint  in  such  a  presentment  are  true  or  not, 
othenvise  if  it  shotild  not  be  so  courts  of  jua- 
lice  if  they  should  accept  of  ejttraTagan!  pre* 
sentments  may  he  a  means  of  obstructing  jus- 
tice, and  of  casting  illegal  and  unwarrantable 
aspersions  upon  men,  and  those  reflections  bo 
put  upon  them  mustremain  there  for  ever  upon 
record,  the  worst  and  longest  way  of  scanda- 
lizing a  man.  If  wards  will  bear  an  action,  and 
the  party  of  whom  they  arc  spoken  ought  to  be 
vindicated  from  such* aspersions,  much  more 
ought  he  from  that  which  appears  u|)OTi  record 
if  there  be  not  a  sufficient  jusldiable  cause. 

The  Plaintifl"  here  batli  hatl  a  reflexion  and 
imputation  put  upon  him,  and  is,  and  was  very 
desirous  to  have  had  the  truth  of  this  case, 
escambied,  whether  he  be  guilty  of  the  matters 
charged  upon  him  in  this  presentment  or  not.  The 
things  are  very  heinous  in  their  nature  byway 
ot*  reflection,  and  if  true  are  very  ill  things  as 
to  the  consequences  that  may  attend  them. 

If^  indeed,  persons  may  be  admitted  to  pre* 
sent  thin<;s  not  properly*  ejiaminable  in  inost 
places  where  the  presentnvent  is  made,  or  thinga 
that  may  not,  by  some  method  and  course  of  law 
be  brought  into'  a  way  of  eiamination  and  trial, 
it  would  cross  all  the*  administration  of  justice 
which  proviiles  means  and  remedies  as  well  to 
ac*[uit  the  innocent  as  to  piniisb  llie  guilty. 

For  the  jury  ai^  highly  to  be  favoured,  and 
protected  by  the  law^  wliile  they  keep  within 
their  due  liinii*; ;  yet  if  by  a  confederacy »  or  ill 
practice,  they  do  any  thing  that  is  not  waVianted 
by  their  legal  poweV,  they  lose  iheii"  privilege 
of  favour  and  protection  that  the  law  give* 
them. 

I  Will  suppose  with  yoarlurdships'  leave,  on# 
thing  in  this  cose ;  suppose  the  grand  jury 
here  should  present  a  thmg  of  wbicla  tlicy  had 
ni>  authority  by  the  taw  to  make  a  pretj«iitnient, 
would  an  action  He  against  them  for  it,  yea, 
or  no  ?  I  oonceive  it  would  lie  in  that  case,  for 
the  law  takes  no  care  to  protect  any  pcrsom 
from  actions  for  what  they  *'o  by  colour  of 
their  office,  but  those  that Iteep  within  ihe  li- 
mits of  that  authority  which  the  Uw  givea 
them. 

As  for  instance,  if  they  present  their  opiuioti 
of  things  only,  as  that  they  conceive  !.?<,  and 
1.  N.  enjoying  such  an  Otiict?  U)  be  altrkpfcther 
unfit  for  it.  This  sure  would  be  ouiti>  Intsule  the 
office,  and  nature  of  a  juror,  this  beiw^  out  of 
the  limits  of  their  authority  and  iminiry,  and 
though  this  should  be  aniong  other  Ibln^ 
which  ibey  might  lawfully  eTMiuire  of  and  pre- 
sent, that  would  be  no  excuse  tor  this  extra- 
vagant presentment  which  they  had  no  autho- 
rity to  make« 

In  this  case,  ray  lord,  1  muNt  coufesa  1  do 
not  find,  but  hope  to  hear  something  from  the 
other  gide  aliout  it,  what  article  of  their  uNual 
charge,  the  iinitterof  thin  yrracntment  liflongi 
unto  in  reference  lo  my  lunt  Mticcleiifletd  ine 

4R 


1347]  STATE  TRIALS,  36  Charles  11.  {6M.^E.ofMacch9fieldit.^arhq,[ 


plaintiff,  and  the  rest,  unless  it  be,  that  which 
IS  endeavoured  to  be  intimated  about  their 
havintr  rid  armed,  and  that  iiuleed  tliey  had  by 
several  laws  power  and  authority,  to  inquire  of 
ashy  a  Ed.  3,  c.  3. 7  R.  2.  c.  13.and20 R.  2, c.l. 

But  even  as  to  that  I  must  say  as  I  said  be- 
fore, ill  i^eneral  it  is  not  directly  nor  positively 
afErniud  and  charged  upon  the  pldintilf  thathe 
did  so,  and  tiiere  we  say  lies  the  reflection,  being 
an  oblique  calumny  and  accusation  to  insinuate 
as  if  iny  lord  did  so  and  so,  but  doth  not  down riglit 
say,  that  he  was  guilty  of  any  of  these  things. 
Now  my  lord,  i  must  confess,  upon  looking 
into  the  matter  I  conceive  that  all  presentments 
ought  to  be  affirmative  and  positive  as  to  the 
charge,  but  this  is  not  any  such  thing,  but  they 
conceive  it  expe<hent  to  declare  their  separa- 
tion, and  they  hold  themselves  bound  in  tliis 
juncture  of  aflairs  to  present  their  apprehen- 
sions of  danger  from  a  dissatisfied  party  in  that 
county,  and  then  again  they  conceive  it  ex- 
pedient that  such  and  such  persons  do  find 
security  for  the  peace,  and  the  plain tifiTirst. 

It  is  the  end  of  all  law  to  bring  things  to 
judgment  in  a  due  sourse,  and  nicthoil  of 
examination,  and  trial,  but  now  such  a  pro- 
ceeding as  this  upon  wliich  this  action  is  brought 
is  not  a  legal  course  upon  which  a  formad  in- 
dictment may  be  raised :  and  under  favour,  my 
lord,  in  all  criminal  accusations  the  course  of 
proceedings  should  be  such  that  the  party  ac* 
cused  may  put  himself  upon  the  trial  of  his  in- 
Docency,whereby  he  may  either  be  found  guilty 
or  acquitted. 

And  besides,  my  lord,  this  I  have  further  to 
say,  as  to  the  martcr,  that  I  conceive  the  parts 
of  the  justification  the  defendant  hath  very 
inucli  failed  in,  ami  that  in  many  particulars. 

First,  tin  justification  is  made  of  a  presentnit  nt 
made  at  Clicster  in  the  Common  flallof  IMoas 
then*  at  the  sessions,  and  the  declaration  is  for 
a  libell  and  conspiracy  at  AV'anlai^e  in  the 
county  of  Berks,  and  it  dutli  not  appear  that 
the  tlmig  justified  is  the  same  with  the  thing 
charged.  Nor  doth  the  pica  say  by  what  au- 
thority this  court  at  which  the  presentment  was 
made,  w.is  held,  nor  by  what  commission.  1 
did  mention  that  Chester  hulh  various  and  dif- 
ferent jurisdictions,  some  by  common  law, 
others  by  statute  32  11.  8,  and  33  11.  8.  c.  13. 
Now  it  is  necessary  in  sucli  a  case  that  he  that 
Mill  make  such  a  justification,  must  justify  in 
such  a  manner  as  to  leave  nothing  out  or  un> 
alledgod,  that  makes  any  thing  to  the  com- 
plotinj;,  and  perfectinjj  iuch  a  justification, 
ibr  by  his  justification  he  acknowledgeth  all 
the  matter  of  fact  allcdged  in  the  declaration  to 
be  truly  set  forth,  but  only  justifieth  the  man- 
lier of  doin;^  that  fact,  witluMit  which  justifica- 
tion the  same  matter  would  be  u  fault,  for  which 
lie  must  suffer. 

Again,  the  Deft-ndunt  in  this  plea  doth  jus- 
tif}',  that  he  was  among  the  rest  swoni  and 
charged  to  enquire  fi)r  the  king  and  the  body  of 
that  county,  u[ion  certain  ariicUs  delivered  to 
him  anil  his  iVlluw  jurors  by  the  justices,  but  doth 
jiot  lucutiou  \s  but  tUostf  ui  ticlc:>  were.    Now  as 


this  is  alledged  in  the  plea,  it  shoold  semtW 
tlie  *•  Articuli  per  Justiciarioa  eis  traditi,' «m 
articles  delivered  to  them  in  wntiiig,iBda 
bein^  certain  ought  to  have  been  partKoUr 
set  forth,  that  it  might  thereby  have  appeudl 
that  this  presentment  was  in  pamuDcetf 
those  articles.  For  in  case  of  a  pleaiaiiiriC 
and  to  avoid  such  an  action  as  this,  be  mhIi 
thus  as  1  conceive  to  have  justified.  Icodb 
I  did  such  a  fact,  as  in  the  decUratioDiii|- 
ledged,  but  it  was  at  that  time  givoi  neii 
command  and  charge  to  enquire  so  and  so,  «i 
for  that  reason,  1  did  make  such  presentmoi; 
and  so  ought  to  have  set  forth  what  theulieiei 
were,  or  at  least  to  have  said  they  vm  aA 
as  did  contain  in  them  matter  upon  which  thii 
presentment  might  be  grounded  and  fimndid. 
Another  part  of  this  justification  isthilb 
says  he  did  it  accordint^  to  evidence,  and  te^ 
mony  there  to  them  given  concerning  Hkm 
earl.  Now  that  1  conceive  to  be  too  jfoffli 
and  therefore  naught.  In  Bnshell'i  C«ii 
my  lord  Vaughan's  Reports,  fol.  137  *, 


was  a  jury  fined  because  they  did  not  W>J"* 
verdict  according  to  evidence,  and  ^ ''Jj 
committed  to  prison,  thereupon  broagbt  tw 


Habeas  Corpus  in  the  Common  Pleat  ;ud0 
lord  chief  justice  Vaughan  who  ddi^ertdttj 
op'mion  of  the  whole  court,  in  that  ciieii 
take  exception  to  the  return  of  the  Bikil 
Corpus,  which  set  forth  that  matter  •o,"' 
cause  the  court  that  made  the  rcUimoigMii 
have  sett  forth  the  evidence  given  beii|*tj 
that  it  might  appear  to  this  court  here  wMtt* 
the  verdict  were  according  to  evidence  or  oC 
My  lord,  I  would  borrow  a  reason  ftwaw  j 
case  ill  Vaughan  to  use  in  our  case,  and  ■8' 
it  thus.  I  conceive  that  he  that  will  cliii«» 
plead  specially  and  not  gt^ncrdlly,  «»g»  • 
make  it  so  certain  ami  jwsitive,  thaluoeXttf" 
tion  may  be  Uken  to  the  generality  andmef" 
tainness  of  it,  and  surely  1  think  ^^^^^"Jj'' 
sion,  a  barr  or  a  justification  in  a  pka  ottgw* 
be  more  particular  and  certain  than  die  rtW* 
of  a  writ  from  one  court  to  another,  which  n 
the  return  of  a  court  they  ini^iit  wth  id«« 
reason  think  fit  to  give  credit  toandconswi 
more  largely.  But  this,  as  all  pleas,  niu^ 
taken  moststronglv>  against  the  party  plw*^ 
who  is  presumed  liest  to  know  his  *>*°^ 
and  to  lie  best  able  to  set  it  forth,  and  them«J 
it  will  likewise  be  ]>resumed  that  he  has*** 
forth  all,  and  if  then  it  be  too  general  and  «»• 
certain  it  must  needs  be  naught. 

1  have  this  further  to  say,  ray  lo"^».*f! 
the  form  of  this  pleading,'!  coiiceiTC  it ">• 
failed  in  many  particulars,  lor 

P^irst  by  this  plea  or  justification  ^^ ^^?[ 
fendant's,  the  plaintifl'is  streightcned,  andtbi 
traverse  taken  in  the  plea  is  too  narrow  to  W 
this  matter  to  a  fair  trial.  . 

And  the  jurisdiction  of  Chester,  whithiftf 
defendant  bv  the  plea  would  draw  thecxa»" 
nation  of  this  cause,  bfiinga  li?niied  andcuc^ 

*  See  the  Case,  Tol.  6,  p.  999,  of  thiiO* 
lection. 


STATE  TRIALS,  SG  Charles  11. 

jurisdiction,  is  not  large  enoniiU  to  carry 

mailers^  charged  in  tii€  d^elaraliwn  Rfid 

or  justified  hj  the  plea,  iLitber  to  be 

I  deteriuined. 

plain  tiff  declares  upon  a  conspiracy  nnd 

\  wriUen,  and  pullrislieil  at  Wantage  in 

ity  of  Ikrks,  the  delbiidani  juiiitfies 

impauBeling,  sw  earing  and  charging^, 

mlmeui  in  the  county  of  Chester,  and 

iverseth,  absque  hoe,  that  he  is  guihy  *  Je 

win  narratione'  in  l\ic county  ofBerks^ 

where,  out  of  the  t'oiinty  of  Ciiester, 

to  this,   my  lonl,  I   lliink  1  have  two 

ions.   Here  ai^e  many  ihiuj^s  laid  in  the 

jtioD  ;  as  a  conspiracy,  the  w riling-  of  the 

and  the  pnblistiiag,  and  these  may  be 

^  so  laid  in  this  action  as  distinct  crimei 

ifelres^  anfl  I  conceive  are  to  be  en- 

iiuo  distinctly  by  the  jury,  that  should 

cause  upon  issue  joined.     And  ihat  ar- 

f  ground  upon  &!)iiiLth  and  Cras havoc's 

dmer  315,  Tlie  eas«  is  t^vice  reporte«l» 

ipon  an  action  brought  in  king  Jameses 

"^judgment  was  arrested,  by  opinion  of 

res  in  tliC  King's  Bench.  Palmer  iH5 

ff :  and  again  its  it  t»taads  reported  in 

ir,  fo.  15,  v^ha*e  judgment  is  given  for 

tntifi*.    But  there  it  is  agreed  that  %vhtTe 

iracy  is  laid  in  one  place  and  the  fact 

hd  about  was  in  another,  though  in  the 

POOty,  there  ought  to  be  sereral  viiJncSj 

irtffes  them  to  be  distinct  crimes. 

Iifisides,  my  lord,  I  conceire  with  sub- 

the  traverse  ought  to  bare  l»een  *  ahsi|Ue 

kiod  est  culpahiliii  dc  pre  missis  nee  de 

fc  uliquo/  ti>r  it  is  suftictent  ibr  Ihe  plain- 

ecover  if  he  make  out  any  cause  of  ac- 

aoy  one  particular.     Now  how  can  this 

^9   that  confines  all  to  the  cxjouty  of 

r,  be  good  or  large  enough,  for  they  can 

king  hut  tvhat  htqipensto  be  within  (heir 

r^iadiction,  and  tlie  plea  which  grounds 

^rse  goes  only  to  the  making  of  the 

tkient,  and  answers  not  at  utl  to  thecon- 

^r  writing  the  Ubell- 

icrtainly  the  last  words  of  the  traverse, 

iter  vel  alio  inodo  qnam'  the  defendant 

hie  plea  before  allcdged,  will  not  make  it 

for  these  words  answer  to  the  writing, 

conspiracy,  and   I  shall  compare  it  to 

'  in  Cro.  Ehz,  fo.  433.  of  Askne   and 

r*«on,  trover  for  sheep,  1  Dec,  36  Eliz. 

^tendant  pleads  he  was  sherrlf  of  Lin* 

>e»   and  J.  S*    recovered    against    the 

*^  100/»,  and  had  nf-fa,  returnable  Craa- 

imaruin  35  Eliz.  which  was  delivered 

3  Oct,  35  £lliz.  to  be  executed,  and   he 

5t»  35  Ehz.  took,  &c.  which  is  the  same 

iott  absque  hoc^  that  he  converted  them 

vd  olio  raodo  ;*  and  the   plea  was  by 

Me  court  held  insuificient,  because  it  was 

leering  to  the  time  laid  in  the  declaration 

%  that  were  a  transitory  matter  and  the 

J  things  of  the  action  were  answered,) 

:   answering  all  comprizetl  in  the  decla* 

kt  was  ill  in  all:    8o  here  this  plea  hath 

twered  the  wbol«  dedaratiooi  for  tho 


1 6S4.— /or  Scanduhm  Magnaium.   [  1 330 

conspiracy  might  be  in  Berkslihe  though  the 
presentment  wtre  made  by  theiu  as  a  jury  th 
Cheshire,  and  therefore  fs  ceriatnly  njiu*iht, 
because  both  may  be  true,  the  decluralion  und 
tite  plea,  and  yet  not  ansucr  one  another,  be- 
cause tliey  speak  not  of  the  same  facts« 

And  i  conceive  the  general  issue  ought  to 
have  been  pleaded  in  this  case,  but  of  that  I 
shall  say  somewhat  more  presently. 

Anoifier  exception,  my  lord,  that  I  take  to 
the  pleadingvis  this,  thiit  the  defeialant  Imth 
pleaded  maitt-r  acted  and  dependtag  in  a  court 
of  record,  and  yet  halh  not   pleaded  it '  pro ut 

*  patet  jK;r  rccordum.'  E^cry  plea  must  have 
an  apt  conclusion  to  bring  it  to  a  proper  issue 
or  judgment,  if  the  plea  doth  contain  matter  of 
Ilecord,  it  must  conclude,  *  prout  patct  per 

*  recordum,*  because  that  proves  itself,  aod  the 
repJication  must  he  *  null  tiel  record,*  and  there* 
upon  it  shall  betryetj  by  I  he  record  vihen  pro- 
duced, or  jodgraeat  upon  failure  of  the  rccurd* 
And  so  is  the  book,  of  30  A^sis.  pi.  21,  In  a 
like  matter  as  this  it  is  said  if  tlie  defendant« 
ma  writ  of  consptrucy  will  jus«lify  as  jurors  or 
indictors  they  tnubl  uiake  it  apjfrcarby  record  : 
that  \n  to  he  way  and  method  of  trial  io  the 
case,  and  bo  it  must  here  be» 

So  f  VI.  -1.  31.  There  was  an  action  upoti 
the  case  |ijr  a  conspiracv  ;  tlie  defeudanls  plead 
their  imjiunnelling  before  a  justice  of  j,>eace, 
and  an  indictment  of  trespass  was  found 
by  them  aad  demandeni  judgment,  *  vsi  action 

*  ace  :'  thereupon  *  Null  tie!  record'  is  replied 
and  upon  that  issue  jofned,  and  upon  failer  of  re- 
con],  ju^lgment  u  given  for  the  plaintiif. 
These  two  cases  prove  clearly  that  the  trial 
mu?t  be  by  record  and  therefore,  *  prout  paid 

*  jjcr  recordum/  should  have  been  llie  conclu- 
sion of  the  plea,  ami  the  plea  not  having  coo  • 
cludetl  so,  and  that  being  specially  assigned  for 
cause  of  demurrer,  the  plea  is  naugiit.  Our 
iitst  exception  is  that  instead  of  selling 
forth  this  special  matter  as  it  isi  here  pleaded, 
the  defendant  ought  to  have  pleaded  the  ge- 
neral issue,  aod  could  mil  plead  it  thus  ;  for  it 
is' a  plain  anil  known  rule  wherever  a  jiivtiQ- 
catiora  doth  amount  to  a  lisr,  not  guilty,  thai 
is  cause  of  demuner.  la  such  a  case  1  Deed 
not  cite  b<joks,  I  am  sure,  for  pitwf  of  ihis»  it 
is  •©  well  known  anri  so  plain  law,  Cro.  Car* 
737  Lynnctt  and  Wood's  case,  *  and  abund- 
ance more  are  expressed  in  it. 

And  the  reason  of  law  is  plain,  l>ecau«e  s[(e- 
cial  plemling  tends  only  to  intricate  antl  in- 
veigle the  court  m  such'  a  case  when  matters 
ought  to  come  to  a  prO|Ker  issue  ;  so  it  %vould 
in  this  case:  whereas  all  advantage  of  this 
S[iet!ial  matter,  if  it  amounts  to  a  good  excuse, 
would  have  been  sav^  to  them  upon  the  ge- 

*  The  case  here  intended  seems  to  be  that 

ofLynner  v.  Wood,  Cro,  Car.  157.  One  of 
the  nrsl  general  principles  in  pleading  i»  that 
nothing  may  be  pleailcd  specially  which 
amounts  to  the  general  issue  or  a  total  defiial 
of  the  charge,  See  Co.  Lit«  303»  b.  3  Blackst. 
Comm.  309.  Com.  Dig.  title  (Pleader  £.  \\.\ 


1351]  STATE  TRIALS.  36  Charles  II.  iGM.S.ofMacclesfiMv.  SUarluf,  [m 

these  matters  that  are  therein  mentiooed  ki 

Dter  judicature  before  proper  judga  M 
conusance  of  the  cause. 

Secondly,  as  it  was  made  before  pnye 
judges,  so  it  was  also  made  by  proper  penw^ 
such  as  were  vbry  fit  to  judge  ot  ibeflHttr 
given  them  in  charge.     And 

Third>y,  That  the  causes  and  matteiin» 
tioned  in  the  presentment,  are  ?ery  goodctM 
and  grounds  upon  which  these  persoBi  DJ|hl 
request  that  the  persons  therein  Dimedn|ll 
find  sureties  for  the  peace. 

And  I  conceive,  my  lord,  that  if  I  makeirt 
these  things  this  action  that  is  thosbnodl 
upon  this  ]iresentment  must  of  neoenityftlli 
the  ground.  In  the  discourses  of  these  hail 
I  shSl  answer  Mr.  Ward's  objections  m  I  p 
along. 

First  I  say  that  this  presentment  for  «liiA 
this  action  Mas  brought  was  made  in  a  prt|tt 
judicature  and  before  proper  judges  tuthii 
conusance  of  the  cause;  and  ueing  tbcs  nie 
in  a  course  of  justice,  I  think  it  will  be  fM 
me  that  the  action  doth  not  He. 

Now  that  it  is  maile  in  a  proper  jodiatai 
and  before   proper  judges,  I  think  irillte 


neral  issue,  but^his  special  plea  would  intricate 
the  court  in  disputes  between  matters  local  and 
transitory,  and  oetween  particular  and  general 
jurisdictions,  and  a  gpreat  many  other  questions 
arising  upon  it.  So  that  both  for  the  substance 
of  the  plea  as  also  for  the  form  in  which  it  is 
pleaded,  I  conceive  there  is  not  matter  suffi- 
cient in  it  as  it  is  pleaded  to  preclude  the 
plaintiff,  from  his  action,  and  therefore  humbly 
pray  your  judgment  for  the  plaintiff. 

Mb.  Holt's  Argument. 

Mr.  Holt.  May  it  please  your  lordship,  I  am 
of  counsel  in  this  case  for  the  defendant.  The 
Record  hath  been  already  truly  opened  by 
Mr.  Ward,  and  therefore,  I  shall  not  trouble 
your  lonlship  to  repeat  the  particulars  of  it, 
But  the  general  question  of  the  case  is, 

Whether  this  action  as  the  matter  appears 
before  you  upou  this  whole  record  doth  he  or 
not  against  the  defendant. 

And  with  submission,  this  action  1  conceive 
doth  not  lie.  And  next  suppose  that  action  did 
not  lie,  in  case  a  proper  plea  were  pleaded, 
then  the  question  is  whether  this  plea  dotii  not 
sufficiently  avoid  the  action,  and  with  submis- 
sion I  conceive  it  is  a  good  plea  and  doth  well 
AToid  the  action. 

I  shall  then  in  the  first  place  consider  whe- 
ther this  action  upon  the  case,  in  the  nature 
of  a  conspiracy,  for  this  matter,  doth  lie  as 
it  is  set  forth  in  the  plea,  that  is  the  main  ques- 
tion, and  as  I  saicf  with  submission  to  your 
lordship  I  Ao  conceive  the  action  doth  not  lie. 

Mr.  Ward  did  indeed  premise  several  things 
which  I  do  admit,  as 

First,  that  the  action  brought  by  this  noble 
lord  the  plaintiff  is  brought  as  well  for  the 
king  as  for  himself  u\)on  this  statute,  and  that 
the  kii)^  is  concerned  in  it ;  all  this  I  do  admit, 
and  yet  I  conceive  that  will  be  no  ingredient 
into  the  case,  nor  will  affect  the  case  at  ail  one 
way  or  the  other.  For  I  do  not  observe  that 
hetiath  inferred,  nor  indeed  can  he  infer  any 
consequence  thence  to  maintain  this  action. 

Secondly,  I  do  admit  that  this  noble  lord 
the  plaintiff  is  a  person  of  great  honour  and 
dignity  both  by  title  and  office,  and  in  lain- 
Kelfofgreat  worth  and  honour,  and  I  conceive 
the  integrity  worth  and  honour  of  my  lord  of 
Macclestitld  arc  not  at  all  concerned  in  this 
case.  1  would  not  be  misunderstood  :  thou;^h  I 
shduld  justify  and  maintain  the  presentment  of 
the  Grand -^ury,  to  be  a  good  |)lea  in  law  in  bar 
of  this  action,  yet  1  would  not  be  thought  in 
the  least  to  make  any  reHexions  upon  my 
lord's  honour ;  that  wnich  I  stand  upon  and 
intend  to  argue  is  the  law  of  the  case,  not  any 
thuig  of  that  tendency  ;  and  so  I  desire  all 
along  to  be  understood. 

A6  to  the  causes  of  the  special  demurrer,  1 
shall  consider  then  by  and  by,  but  that  this  ac- 
ti(»n  as  it  stands  before  vour  lordships  upon  this 
record  is  not  to  be  mauitained  by  law,  I  shall 
propose  to  prove  by  those  three  grounds  and 
reasons. 

First,  that  this  is  a  presentment  made  of 


pretty  plain  if  we  do 'consider  the  j[umdicMi 
of  tlia  court*  in  which  this  presentuKStfV 
made,  which  though  Mr.  Ward  bath  madefltt 
of  his  objections  that  it  doth  not  appear  vtat 
jurisdiction  it  is,  yet  with  submissum  I  tih 
it  you  and  jail  the  courts  in  Westminsier-kil 
will  take  notice  of  their  jurisdiction  being  ii  i 
County  Palatine  without  its  being  particuBl] 
)dcaded,  for  it  is  the  king's  own  immefiili 
Court,  the  County  Palatine  having  Jura  Bt 
galia,  and  the  judges  sit  ther^  by  thekiv 
immediate  couunission,  and  patent  from  i 
king.  It  is  then  like  the  jurisd lotion  of  *i 
Court  and  the  oilier  Courts  in  Wcstniiustt 
hall,  and  I  think  it  always  has  been  taken  Doi 
of  as  such  by  the  Courts  iu  WestmiiBtt 
hall. 

If  a  Writ  of  Error  be.  brought  of  ajudgSM 
given  in  the  County  Palatine  of  Chester,  as ' 
have  precedents  of  such  in  Co.  £utr.  tit  Err 
they  do  not  set  forth  that  it  has  been  a  Coui 
Palatine  time  out  of  mind,  they  do  not  set  fo* 
their  jurisdiction  to  be  by  prescription,  leU 
patents,  or  act  of  parliament,  but  :^enen 
use  their  plain  siilc  as  it  is  set  forth  in  i 
plea. 

But  now  it  is  true  in  cases  of  judgments: 
proceedings  in  inferior  courts  and  subonlin 
jurisdictions,  there  the  title  of  the  Ctmrtm 
appear  in  the  stile,  and  it  must  be  made  out 
what  authority  they  hold  plea,  by  prcsciiptt 
or  letters  patent,  such  as  these,  or  act  of  p 


*  '^  This  is  fallacious,  and  begs  thequesti 
presupposing  the  libell  to  be  a  lawful  preM 
mcnt,  that  being  the  only  question.  £n 
false  malicious  lye  pubhshed  in  a  Court  in  h 
a  manner  as  no  issue  can  be  therein  legs 
joined,  is  not  made  a  lawful  prescntmeDt*  I 
cause  done  by  a  jury,  and  because  they  ssyi' 
present,  &c/'  MS. 


STATE  TRIALS,  36  Charles  II.  1 684.— /or  Scanddum  MagSShm 

leot,     ami  iherefore  it  dulh  noV  tieed  to  set 
its  authority  sj>tciaUy.* 


|ji<i   I  remember  there  was  a  case  of  a  Writ 
-iTor  of  a  juilg:airnt  in  a  Counly  Palatine^ 
i%  was  assif^i'iied  for  Error  tliat  die  cause 
-5*<»t»  in  the  declanitjoii  was  not  alled^cd  lo 
*^t ra  jurisdietionem*  of  the  Courti  but  tlie 
"^  lield  it  n«?ede4  not  be  so  alledged  because 
Motility  Pa  I  alt  lie  wa*  not  such  an  inferior 
■"•iiuatc  jurisdictioD  as  must  be  particularly 
■^t-ili  and  restmined  to  such  limiis,  mn\  tbis 
*^He  case  of  one  in  the  Petty  Bag-* 

^*?*l  tbe  reason  iif  tbe  law  is  the  same,  with 
I  ^^tbe  Friiice^Case,  iii  the  eig'bth Report  ;f 
'^i,^^  it  is  heltl  that  an  act  of  parliament  coa- 
^*Ug  the  Dutchy  ui'  Cornwall,  and  which 
"*  a  special  manner  of  inheritance  to  the 
Es  eldest  son,  was  a  public  act  of  parha- 
^md  not  such  a  private  one  as  need  to  be 
iailj  set  forth,  and  your  lordship  as  all  other 
tint's  Courts  oiight  to  take  notice  thereof 
Th' fi  iliiij  beings  in  a  County  Palatine  which 
I  power,  and  this  hcinjjf  the  King'^s 
lumiedlate  commission  from  the  king-, 
^lis  junsdiclion  tloib  comprehend  within  the 
JDty  Pablinc,  the  same  authority  as  tbe 
j's-liench  has  in  other  parts  of  tbt  king"- 
\  aod  therefore  it  bnib  power  to  enquire  of 
„_  .flfences  committed  williio  the  County  Pa- 
-  Id  title  tbut  justices  of  Oyer  and  Terminer  can 
'^  ^Boquire  of,  nay  more  than  ordinarv  commiff- 
•-'  ^Offers  of  Oyer  and  Terjniner,  and  may  exa- 
.  Vnitie  the  Errors  of  other  justices  of  Oyer  and 
L     Terminer,  and  enquire  of  things  they  cannot 

«i]C|^uire  of, 
.  Siow  it  being-  so,  pray  let  ua  a  little  consider 

"^^ bat  is  mentioned  in  this  presentment  but  what 
f.  tbe  judges  there  had  power  to  *  enquire  into 
,  *  and  ejKamine  hear  and  detennine.*  Thoy  by 
their  commission  are  to  proceed  ag-ainst  all 
thot  frequent  conrenticles  or  unlawful  meetings 
under  colour  of  the  exercise  of  religion  con- 
trary to  law,  a^ain^it  all  that  g&  or  ride  armed » 
rbich  is  an  offence  in  tinw  of  j^eace^  and 
UDst  those  that  unite  and  as^semble  iti  unlaw- 
n umbers,  and  in  a  tumultuous  riotous 
jiner,  so  that  there  is  notbiti^  mentioned  in 
I  presentment  but  what  is  proper  for  the 
pi^aoce  of  that  Court  before  wlmm  it 
I  made.  | 

■•  So  in  the  Original* 

-f-  a  Co.  Rep.  14. 

%  **  This  ia  fallacious,  for  a  crime  whereof  a 
[]!ourt    btith   coTi usance   may   fie  maliciously 

__  'in  ijueh  manner  that  the  Court 
.  "cannot  legally  hear  and  determine  tbe  same, 
oor  brintf  it  to  any  issue,  nor  gi^nt  any  process 
upon  tbe  aug^eiition.  Ererr  Court  (except 
parliaments)  in  bound  to  legal  forms,  as  well 
UM  limited  to  the  matters  whereof  it  may  take 
conusance,  but  the  Court  could  not  hear  and 
deteriiii tie  any  of  tile  matters  in  this  libell  in 
lite  manner  these  are  set  forth,  and  therefore  no 
lawful  presentment,  nor  to  be  deemed  a  v^erdlct 
4»ract  of  a  jury  as  such  nor  could  the  Court  regu- 
larly lake  any  •onusanceof  tliai  libell,"  MS,^ 


I 


Now  my  Lord,  I  would  desire  to  consider 
this  declaration  of  tlie  plaintiff  in  ibis  mutter 
which  seem^s  to  comprtbenii  these  sorts  of 
actions- 

The  first  is  an  action  grounded  upon  the 
■tntute  de  Scanclalis  JUag^ntum,  and  that  I  do 
acknowledg:e  to  be  favourably  taken,  being, 
grounded  upon  an  act  of  parliament. 

Secondly,  another  sort  of  action  setmi  to 
begrcmnded  on  the  common  law  for  a  libell,  and 
that  action  any  man  may  have,  as  well  as  a 
nobleman*     And, 

Thirdly,  it  seems  to  be  a  kind  of  action  of 
conspiracy  for  to  indict  or  accuse  tbe  plaintiff 
of  these  mutters  in  tlie  presentment  without 
probable  cjiuse. 

Now,  as  to  the  first,  though  it  be  favoured  in 
law  as  an  action  grounded  upon  a  statute 
and  for  the  preser^atiuo  of  the  dignit}^  of  peer- 
age which  bath  so  great  an  intluL'nce  upon  the 
gorernment,  yet  even  in  tliat  case  a  proceed- 
ing according  to  tho  couri»e  and  method  of 
law,*  shall  take  away  the  action  of  a  peer  upon 
this  statute,  for  such  -a  fact ;  for  a  peer  is  cer- 
tainly as  liable  to  the  justice  of  tlie  nation,  and 
matters  done  by  him  as  inquirableof  by  a  grand 
jurv  Utibre  a  proptr  court  as  a  privalc  subject, 
and  if  the  court  nave  jurisdiction  of  ihecuuse, 
a  jury  may  enquire  of  that  matter  of  which 
the  court  bare  jurisdiction.  And  for  such  an 
enquiry  he  cannot  have  his  action,  ami  that  is  " 
not  a  suggestion  of  mine,  but  grounded  upon  ' 
a  full  authority  in  point,  and  that  is  the  case, 
1 1  Eliz.  Dyer.  SftS.f  A  fieer  brought  an  ac- 
tion upon  the  statute  de  Scandal  is  Alagnatum, 
in  the  Common  Pleas,  against  a  man  for  ac- 
cusing him  for  forging  a  deed  (which  c&r* 
tainly  is  a  GT^ttt  oflenee  and  di-aws  with  it  a 
great  deal  of  iuiamy  and  scandal)  the  defendant 
nejustitied  thus.   *•  I  brought  an  action  agdiast 

*  this  peer,*  the  pdaintiflT,   of  *  forger  de  faux 

*  fauts^  which  is  the  same  uiatt^^r  upon  which 
this  action  is  brought,  and  theimpon  the  plain- 
tiff dctnurrsy  Tliis  was  held  to  bi:  a  gtHtd 
justiti cation,  and  that  tbe  statute,  de  ^an* 
dalis  51agnatunir  did  not  extend  to  give  an 
action  for  such  a  matter  though  false,  though 
malicious,  and  though  brought  for  vexation 
without  reason  j  and  why,  because  it  is  a  pro- 
cectling  in  a  court  of  justice,  and   wherever  a 

*  '^  This  is  the  vaiu  lallaey  that  rmis  quite 
through  all  this  Argument,  that  he  supposeth 
the  libell  to  be  a  proceeding  according  to  the 
course  and  metliod  of  law.  If  it  were,  nu  ac- 
tion would  lie  against  the  detenilunt,  though 
all  tbe  matters  of  the  accusation  were  false. 
And  it  may  be,  the  law  won  hi  not  suder  it  to 
be  deemed  a  conspiracy,**     M8. 

f  Lord  Beaucliamp  v.  €mi\  et  al. 

II  ^^  All  this  Argument  is  triilmg  and  beg* 
giug  the  question »  taking  il  for  granted,  thai 
the  writing  thii»  libell  wns  a  legal  proccediii|p 
in  a  court  of  justice,  which  is  utterly  deuie£  • 
Tlie  action  against  the  peer  was  u  legal  process 
against  tuin,  for  which  do  maui  shall  siifier,*' 


I 

I 


I 


I 


1555]  STATE  TRIALS,  36  Chaslw  H.  i684.— £L  p/ MaccleMfield r.  Sferhy,  fiS  j 

man,  doth  proccci]  in  a  proper  court  that  bath 

proper  jiiriscjiclioo,  and  for  crim«a  that  the 
court  liath  coDusa^ice  of,  be  is  under  the  pro- 
teclion  of  the  Inw,  fur  thai  pn>secutLOD|  and  oo 
action  will  \ye  agaiost  him  for  it. 

And  that,  roy  lorti,  is  the  difference  taken  in 
the  fourth  Report  fo.  14,  Cutler  and  Dixon's 
imse,  Tvhich  uas  thns  :  Divers  scandalous  arti- 
de»  ire  exhibited  to  justices  of  the  peace, 
ftgpainst  certain  persons.  Some  of  those  thingrs 
the  court  had  jurisdiction  of,  some  it  had  not, 
but  though  they  were  scandalous  and  without 
reason  exhibited  yet  for  the  tneer  scandal  I,  no 
action  would  lie  because  defendant  had  pursued 
the  ordinary  course  of  justice** 

It  is  true  my  lord,  a  special  action  upon  the 
case  will  and  may  he  afler  the  matter  is  de- 
termined, for  pn»ceedings  without  a  probable 
cause ;  but  ihtn  the  action  must  he  special, 
and  the  plaiuliff  must  declare  that  there  was 
tucb  a  pra«^ecution  upon  vhich  he  was  ac- 
quitted, and  that  it  was  without  any  probable 
cause. 

But,  my  lord,  the  Declaration  in  this  case 
now  before  your  lordship  h  not  so,  settinj^  forth 
that  they  proceeded  in  a  court  of  justice  where 
the  matter  was  examined,  and  the  ptaintif!* 
acquiUeil,  and  that  the  prfveecdint^  was  without 
any  probable  cause;  but  it  supposeth  a  hbell 
rnada  hy  the  defendant  in  conspiracy  with 
others  in  Berkshire*  and  then  sets  forth  the  pre* 
sentment  in  hn^c  vcrha,  and  then  a  publication 
of  it  in  Berkshire,  tatBe  scandall  of  the  plain- 
tiff. 

Now  89  this  Declaration  is  made,  prima  faciei 
no  question  hut  the  action  doth  lie ;  bui  then 
takings  the  whole  record  tog:<4her,  and  as  the 
matter  is  thereby  disclosed  to  the  court,  it  ap- 
pears to  he  quite  another  thin^f :  if  so  be  these 
things  bad  been  done  in  Berkshire,  as  the 
[ilainiiff  has  declared  ;  without  the  methods  of 
justice,  tJiere  had  been  nothing  to  be  said  to  it, 
but  beings  hy  the  plea  shewn  to  \)e  in  Chester* 
before  a  proper  court  in  a  le|fal  course ;  and 
not  any  ihinif  shewn  hy  the  plaintiff  to  deny 
the  matter  of  tlie  justitication,f  I  think  it  eou 
ncTcr  maintain  this  action,  to  make  this  a 
tibell,  made  by  conspiracy  and  publisbetl  in 
Berkshire. 

I  come,  then,  to  the  second  ground  of  my 
Argument,  why  this  action   will  not  lye,  and 


♦  "  If  the  libel!  be  no  prosecution  in  judg- 
ment of  law  in  a  course  ol'  justice,  then  this 
Argument  is  rain.  The  matter  of  the  libell 
could  never  l>e  determined  by  the  court  to 
whom  it  was  offered,  nor  the  plLuntiff  ac«jmtted ; 
and  therefore  it  is  U*  be  judged  a  libell,  and  the 
plaintiff  must  hav«  his  remedv  now,  or  else  be 
ran  never  have  any  ;  and  so  he  shall  receive  a 
great  injtiry,  and  he  without  possibihty  of  re- 
lief if  this  action  do  not  lye,  and  that  is  against 
the  known  maxim  of  law,  nemo  rec^at  a 
Curia  regis  absque  remedio.*'     MS. 

f  *♦  This  ought  to  come  into  the  evidence  at 
the  tnai.    The  plaintiff  cannot  give  evidence  to 
the  court  upon  the  DemuireT.''    MS, 
I 


that  is  this,    this    presentcofiit  ii  atn^l 
proper  persons,  for  it  is  made  by  i  (nad^ 
of  a  county  who  are  by  their  osthrtop 
all  offences  that  the  court  batli  sulk 
hold  plea  of.* 

I  think  it  will  be  easily  agreed  towt^i 
is  not  necessary  for  the  grand  jurj,  biM 
an  indictment  lie  drawn  up  by  in  ciar| 
other  person  in  form,  and  in  Lalioi  intf  li| 
their  inquiry  to  confine  themhtltes  vtf  I 
such  bills  of  indictment  as  ane  prfpani  ^ 
presented  in  form  to  them  ;    but  UvfT  »  • 
eufiuire  &nd  presentment  make  of  w  ibic 
that  are  given  them  in  charge,  and  ibt  oid 
they  present  unto  hath  conusanoc  of,t)uildl^ ' 
have  any  notice  or  knowledge  of  tin 
or,  are  informed  of  by  any  person, |  lail 
without  doubt  they  may  do  :  auti  U  tslbcQ 
slant  universal  practice  of  grand  jamll 
they  huve  thsp^tched  thebmsthali 
to  them  in  form,  Uiey  go  and  coninit  s 
tliemselves  what  they  Imow  of  thm  on 
ledge,  or  are  informed  of,  conceminff  1 
the   matters    relating  to  the  businoi^  1 
county  within  their  charge  ami  auiIi.MiU 
according  as  upon  enquiry  ( 
to   present,  they  do  present  it  1 
that  very  ofVen  wiUiout  the  strn:t  U>- 
and  in  English;  this  is  clone  by  l 
assises  and  sessioDS,|{ 

And  what  is  the  effect  of  this  T  whv  wM^ 
double,  the  officer  of  the  court   recii't/ik  t 
presentment  and  draws  up  a  bill  upoti  iW  i 
ter  pre^ente*!  into  forme,  whicT     "  fmJil 

an  indictment,  or  else  it  is  us*  i»ot| 

aDOlberojand  jury,  the  next  awM 
to  find  a  bill  of  indtetment  upon,  aiul  < 
ly  indeed  this  latter  \«ay  is  taken  : 
of  tiie  assize,  or  clerk  of  the  peacv, 
these  informal  presentments  sm  e«  i<!.  nrr  u  • 
!^ueceeding  grand  jury,  to  find    h 
drawn   up  ihereujKm.      Noviv.   li. 
being'  the  practice  all  over   I  kur* 

not  why  it  should  come  to   b*.  m  oar 

case,  to  do  it  here. 

Then  in  the  next  place,  my  lord  I  wmH 
desire  that  this  may  be  a  little  ooosiilece^  A 
Grand-jury  do  apprehend  the  peaee  of  ar 
country  to  be  In  danger,  they  do  oUcf*t 
many  meetings  of  susj>ecie!d  pecsoas,  o^ii  nk 

*  ^*  This  Argument  is  sick  of  tbe  same  ilK 
firmity  with  the  first,**     M8. 

f  See  the  Grand  Juror's  Oatli,  vol,  S,  ^ 
759,  772,  773,  of  this  Collection. 

II  *'  Yet  if  they  will  become  acjcusen  thef 
must  do  it  in  the  course  and  fonu  uf  lt«, 
whereby  the  parties  accused  may  Uavt  ^&aam 
in  law  to  acquit  themselves,  and  d«?af  tbct 
i  n noeency .  The  law  never  did  i  nipower  a jorf 
or  any  other,  to  blast  any  matins  reputainfS 
Without  possibility  to  clear  it;  iho  jury  nay 
present  defaults  oi'  all  kinds,  but  tbey  may  odi 
rayse  lyes,  or  maliciously  acctise  persons  mi 
ot  the  course  of  justice,  and  be  free  from  rf 
punishment  for  abusing  such  an  Biidiocit]f  iij 
the  law  hath  placed  in  them.**     MS* 


^]  STATC  TRIALS,  36  Charles  II.  l6S4.^for  Scandalmm Magnatum.  [135$ 

if  it  be  considered  it  will  appear  to  be  a  Terj 
mercital  presentment  to  desire  only  securitf 
uf  the  peace  in  such  matters  as  are  therem 
contained. 

That  comroissionehs  of  Oyer  and  Terminer 
have  power  to  bind  persons  and  take  of  them 
secuntvof  the  peace  is  expressly  held  for  law** 
in  Fitzh.  Nat.  Brev.  fo.  28,  where  speaking  of 
justices  of  peace  how  they  come  to  have  a  ^- 
neral  authority  to  bind  persons  by  recognizance 
to  keep  the  peace,  the  nook  says  it  is  by  Tirtu* 
of  that  special  clause  in  their  commission  which 
gives  then)  pou  er  and  authority,  *  ad  Aadiend' 
'  et  Terminand'  et  Inquirend','  of  ail  things 
done  against  the  peace.  If  then,  by  virtue  of 
that  clause,  in  the  general  commission  of  the 
peace,  justices  of  the  peace  have  power  and 
authority  to  bind  to  the  peace,  surely  the  judges 
of  Oyer  and  Terminer  at  the  assizes  at  Chester 
have  likewi^  an  authority  to  bind  to  thepeaoe^ 
which  is  all  the  end  of  this  presentment 

My  lord,  Mr.  Ward  hath  made  some  sort  of 
objection  against  this  manner  of  presentment/ 

First,  he  would  have  it  to  be  so  scandalous 
to  my  lord  Macclesfield  because  it  doth  unporl 
in  a  mannerf  that  he  is  guilty  of  treason,  of 
great  breaches  of  the  peace,  of  going  '  toooii* 

*  venticles,  riding  armed,  and  tumultuously, 

*  &c.'  and  this  he  would  have  to  maintain  this 
action.  I  think  it  is  not  so,  but  if  it  be  so,  no 
action  I  conceive  would  lie :  for  if  it  be  true  or 
they  are  so  informed,||  the  Jury  ought  to 
present  it  by  their  oathi,  but  if  you  take  it 
the  other  way,  and  my  lord  is  not  thus  scan- 
dalized but  by  inferences,  not  by  positive  and 
direct  charge  ;  then  I  hope  you  will  not  let 
such  inftirences  construe  a  man  into  an  action, 
when  my  lord  is  not  accused  of  these  offences. 
Will  you  bring  an  action  tor  an  accusation  F 
No,  yon  by  these  inferences  yourselves  scanda-* 
lize  my  lord,  and  certainly  never  an  action  was 
maintained  upon  such  a  ground  as  that. 

Words  are  not  to  be  strained  i  in  any  case 
whatsoever  to  make  a  man  liable  to  punish- 
ment or  action  for  them.  These  words  I  conceive 
ought  to  be  phun,  or  no  action  lieth,  so  that 
take  it  either  way  this  action  must  fall,  if  it 
doth,  or  doth  not  accuse  my  lord  of  Maccks- 
field,  If  it  doth  accuse  my  lord,  the  Grand- 
jury  have  ,done  it  upon  their  oaths,^  who  by 


d  in  gn>at  numbers,  and  the  country  terri- 
by  such  tumultuous  assemblies,  shall  not 
drand-jury  endeavour  to  preserve  the 
i  of  the  country?  Shall  not  these  men 
nt  their  tears  and  apprehensions  to  the 
.  of  justice,*  to  desire  the  aid  of  that  court 
e  preservation  of  peace  and  prevention  of 
lief?  Shall  not  a  private  man  that  is 
ited  and  apprehends  himself  to  be  in  dan- 
flife  or  bodily  hurt  <x>me  before  a  magis- 
and  declare  his  fears,f  and  desire  the 
ity  of  the  peace  from  him  of  whom  he 
a  in  fear  (nay  though  it  be  a  peer)  and 
not  a  Grand-jury. that  are  sworn  to  en- 
of  all  breaches  of  the  peace  be  at  liberty 
sent  their  fears  of  a  public  jlan^r  ?  Cer- 
r  the  law  would  be  defective  if  it  were 
o  as  I  say,  for  all  will  ag^ree  that  the 
il-jury  represent  the  country  in,  if  not  ip 
enquiry  about,  all  matters  about  which 
Mintrv  may  be  or  apprehend  themselves 
in  Clanger,  and  in  this  case  that  is  the 
done.  In  this  presentment  they  declare 
apprehensions,  tney  give  reasons  of  those 
apprehensions,  what  is  the  cause  of  their 
and  desire  that  their  fear  may  be  taken 
by  a  remedy  provided  by  the  law  and 
awful  way. 

r  hntly  with  submission  it  is  not  necessary 
istices  of  Oyer  and  Terminer  to  enquire 
rs  by  indictment.||  They  have  another 
and  that  by  the  express  words  of  their 
limon  *  per  sacramentum  proborum  et 
alidtai  Hominum  de  Comitatu  ac  alijs 
Modis  et  Medijs  quibus  melius  sciverint 
qnos,  rei  Veritas  melius  sciri  poterit,'  of 
sffBooes  of  which  they  have  conusance  so 
:  it  not  necessary,  that  the  proceedings  and 
ions  of  a  Grand-jury  to  all  intents  and 
y  should  be  by  indictment,  ibr  the  very 
ion  gifes  autnority  to  make  inquiry  as 
y  other  means  and  ways  whereby  the  truth 
Kot  be  known,  as  by  the  oaths  of  honest 
awfbl  men.  If  then  they  have  authority 
IQtre  by  other  ways  and  meaas,  surely 
ay  of  presentments,  and  desve  to  take 
i^  of  the  peace  as  occasion  shall  be,  is  a 
and  legal  way  of  proceeding :  and  surely, 

*  A  Grand-juiy  may  inform  a  Court  of 
natters  of  fact,  but  their  fears  or  fancies 

0  ground  in  law  to  deprive  any  man  of 
bsrty,  unless  he  finds  sureties  for  the 
.    ff  any  one  Jury-man  will  swear  he  is 

1  of  bis  hfe  by  any  man  or  men,  and  ex- 
yoa  causes  upon  oath  of  his  fears,  he 
hsfS  him  bound  to  the  peace  in  40/.  re- 
ssnee,  and  two  sureties  in  the  like  sum, 
tti  is  not  as  Jury-man.     If  the  jury  will 

tbeff  fears  of  their  lives  by-  auy  man, 
natt  proceed  as  other  men  do,  and  that 
laot  to  the  point  to  justify  them  in  this 
»    MS.      . 

*  Tilers  must  be  just  cause  of  his  fears 
;ed  and  he  must  not  invent  lyes  of  the 
kefeais*"    MS. 

TUsii  not  to  the  purpose."  M9. 


♦  ««  Not  to  the  point."  MS. 

t  «<  The  libell  expressly  saith  that  the  plain- 
tiff is  disaffected,  a  caballer  withSchismaticks, 
a  frequenter  of  Conventicles,  Sec,  and  being  so 
charged  in  the  declaration,  none  but  a  juiy 
can  try  that  matter  of  fact."  MS. 

II  **  The  matters  criminal  in  the  libell  are 
not  so  set  forth  as  the  Jury  could  have  oaths 
made  of  them,  nor  could  they  in  that  manner 
depose  or  know  them,  and  therefore  now  ne 
matter  for  a  presentment."  MS. 

§  **  The  libell  is  grossly  scandak>us  without 
straining  one  word  in  it."  MS. 

^  "  Our  law  does  no  more  admit  anr 
man  to  swear  another  to  be  disaffected  thaa  tt 
admits  him  to  swear  a  aiaa  is  a  fskm  er  e 


tloD^  doUi  excuse  llietn  of  «J1  ihmg»4m\ 

tbem  before. 

My  first  ftulhtv 
of  Cfinspirftcy  is  i  i 

datil jusititletb  thai  hv  was  au  ludnAuti 
Olbers  wlio  \rere  charerinl  to  jirr*!<rt  i 


1SS9]  STATE  TRIALS,  36Chahle9  IF.  \6B^,^E.0f  MaccieffiddvA 

Uiat  omh  are  answerable  to  God  and  their  own 
consciences  for  makitig*  such  pr^scnimenC,  but 
not  \v*  any  person  by  action.  If  it  doth  not 
accuse  my  lord  then  there  is  no  scandall, 
nnd  e«iise<iuently  no  ground  to  support  the 
aetion . 

In  thificase,  tny  lord  of  Macdesfipld  is  only 
de^reil  to  fuid  sureties  for  the  peace,  and  if  ao 
action  of  Srundulum  l^[ag;Tiatum  liclli  for  u 
peer's  bein^'  ih:»ircd  ta  be  bound  to  the  peace, 
that  1  tiiink  vw>iild  be  pretty  hnrd|  that  i$  a 
chance  that  raay  bei'all  any  persoa  whatsoever* 
The  tnost  innocent  pti  sou  m  the  ivorM  may  he 
required  to  tind  sureties  of  the  peace,  and  no 
man's  greatness  can  exempt  fi^m  it,  for  a  nmn 
ia  not  to  refuse  tu  keep  the  peace«  nor  to  give 
caution  so  to  do.  if  a  man  theo  be  presented 
under  auspicious  aod  danirerous  circuin- 
8tanee«i  (I  say  not,  my  lord  of  Macclesitehl  i« 
under  any  such,  but  only  sjjeak  to  ihe  matter  of 
this  preNentnient)  and  desired  to  be  bound  to 
the  jjeace,  there  is  reason  he  should  ao  be, 
hecauae  it  doth  legally  and  fairly  appear  that 
he  hath  giien  cause  oi  suspicion  to  ttie  king*Ft 
ministers,  or  pcO[>le,*  of  some  danger  from 
him,  though  he  hath  not  i;one  so  far  as  to 
commit  any  act  whereby  a  breach  of  the  peace 
4loth  actually  appear  :  lor  binding  to  the  i^eact* 
ia  for  prevention  ot'  breach  of  the  peace,  and 
aecuring  from  the  danger  ihreaicned  or  teaied, 
and  not  for  a  punishRleot  of  an  offcoce  past. 

Now,  my  lord,  this  being,  as  1  hare  already 
•aid  and  proved,  proper  for  a  Grand  Jury  to 
take  upon  them  to  do,  I  will  cite  to  your  lord- 
abip  two  or  three  authorities  out  of  multitudes 
that  might  be  brought  to  maintain  the  asser* 
tion  that  in  any  case  whatsoerer  a  Grand  Jury 
if  not  90  much  as  to  be  cat  led  in  question,  or  im- 
peached by  action  or  otherwise  for  any  thing 
they  do  by  virtue  of  and  within  the  limits  of 
thetr  aathorityf ;  nor  indeed  are  they  to  be  ques- 
tioned for  any  thing  whatsoever  that  they  have 
done  l>efore  the  time  of  their  being  upon  the 
jury,  because  they  once  having  l*een  upon  the 
Grand  Jury,  and  thereby  being  to  enquire  of  all 
ofiTences  within  their  knowledge  or  intorma- 


tray  tor;  the  matter  of  fact  ought  only  to  be 
aworn,  and  the  law  or  a  jury  must  judge  what 
crime  was  in  the  fact,  so  that  this  ItbeTl  is  not 
a  thing  done  in  the  course  of  a  Graud  jury, 
wherein  the  law  protects  them,  but  it  is  a  scan* 
dall  maliciously  a^d  by  conspiracy  done  to 
icandalize  anil  defame  the  plaintiff."  MS, 

♦  "  HUs  subverts  (if  it  were  Liw)  all  the 
liberty  of  Englishmen,  and  subjects  them  all 
to  be  sent  tt>  gaols  without  any  olfence  sworn 
again!;t  them,  from  which  tiiey  can  be  ac- 
quitted ;  and  when  the  king^ii  mtaisters  shall 
,  aay  a  whole  county  is  under  dangerous  suspi- 
cious circumstances,  they  ma>'  scud  them  all 
to  gaols  if  they  cannot  or  wift  not  find  sure- 
ties,** M8. 

f  **  This  ought  to  be  given  him  without  his 
authorities,  hut  ih  nothing  to  the  point.  This 
libel]  is  not  done  by  virtue  of,  nor  is  it  within 
the  limits  of  tbehr  authority."    MS. 


an  oath  wi  to  do,  .  \  ilir^ 

of  murder,  and  v^ 

and  concludeii  thai  r 

the  action  could  not  t 

menl  v      •  -  -  ■      ' 

oneol  I 

him  fit ^\  .  ,,.,..,. 

action,  nor  was  any  u 

what  was  done  by    hi 

service,  8  Hen.  4  to.  o.  Pi 

c4*Dspiracy   tlie  like  plc4i 

former  that  the  ilctVudaut  tiu»  m\  i\ 

then  Ihe  plaintTff  rc'iH^^th  jou  wrmt?5' 

indictor»  but 

pauncUtd   ^i 

met  together,  :i  I  id  il.% 

there  conirivt  d  that  i 

and  V- 

purfH' 

liereU|.MjFij    imrt/    l"»a.>     a  vt^'iimn  t  i,    'iii:  '  ••" 

held  to  be  no  good  replication  si  all»f(*r«^ 
ever  he  did  before,  whaterer  rowtinD*'^ 
Mpiracit^  there  were,  ypt^  if  ontebe  opt 
be  a  Grand  Juryman  and  tob^  upcmliii^' 
present,  and  he  doth  thereupon  i«l«l  •F 
sent,  the  provision  of  the  la*  far  t«if<f 
tion  is  su  great  tl»at  he  shall  not  be  ac™^ 
any  thing  done  by  him  before  that  uwr  m 
in  that  case  judgment  was  given  for  ^^ 
fendant.  • 

So  Fit2.  Nat.  Brer.  tit.  r 
Lit.  0.  if  jurors  are  sworn  i 
afterwards  any  of  them  Is 
jastice€>,heshal)notbe  puui  "^ 

he  did  when  he  wajs  swoni,  inn  \i  iw  '^^ 
after,  &c.  he  may  lor  that  be  charfd  ^^ 
spiracy. 

Again  Slamf.  PI.  Cor,  fo,  173.  If"*! 
conspiracy  iheconBoirator^'n'^-^  cv»rtmiifl*» 
inquest  aiid  indict  the  par t  v  -^ 

in  that  ca&e  no  writ  of  eeubt-.a..,      .s^ 
them,  because  it  canni^t  be  intandfli  ^  ^ 
uialicious  when  they  do  it  by  rirtuf^  ^ 
oath  and  with  other  juronr   So  thsti 
the  coBspiracy  before,  there  was  a 
tion,  yet  their  coming  once  to  Wof 
Jury  purgeth  all. 

So   12  Report    t3,  and    Bi    „ 
ports  ISO,  Agard  against  Wyld  m 
An  action  on  the  eaaefbr  maltdootiy' 


i«  .Aif%&M\ 


*  **  They  are  to  enr 
the  oaths  of  good  met: 
sent  alloflence«,  hut  ili^  «  ^ 
ters  which  cauuot  be  sw*Vrii. 
another  to  bedisafiected,  6fc 

f  »»  This  is  a  mistake  of 
is  the  same  case  tuentionti; 
IT.*'    MS. 

II  ''  All  aiese cases  are taflduogtot^l 
for  the  reasons  befans  giveiu**    KSl 


p   ^ATETRWLS,  S6 CBK^h^s  n.  l6U^^forScanda!umMagna(um,   [t 


ftimifrto  be  iodicted  of  banmtry,  iUere  U 
e  |ilea  pleaded  with  ours,  ihat  iheDcl*?n- 
K^'lilttitd  another  were  iiiipanneMfd  Lijiim 
nd  iiMjdcst  and  swiirn,  uinJ  Imvtii'^^  evi- 
^iodicteff  tb<?  Plaiutittaslhi  y  wellmi|irht 
Ddjud^Tdieiit  Ibr  tlir  Dtlemliint. 
I  so  1  tliink  1  \mve  iJiajmtclieil  the  second 
Tiat  I  jirojKi untied  tu  si*eak  ro,  ami  that  is 
t  w»s  a  ct»un  and  judi^-t^s  tttat  had  conu- 
&f  the  iTiatters  preseiilfnl,  so  ihh  p resell t- 
is  made  b^  propt-r  persons,  tiie?  t*^i»g 
el  led  and  tirfurn  upon  the  C/ratJtl  Jury, 
15^  upoji  tlieir  oaihii  to  jircaenl  r*'  they 
ended  da  fisher* 

to  come  tci  the  third  thrn^;  1  t^ke  it 
•entmfnt  doth  c  mi  lain  iii  Ltielf  auffideut 
►  justify  the  making  ofiti  and  the  de 
is  LQ  it. 
II  not,  my  lord^  eotrr  now  upon  the 
^  at  nil,  whellier  it  be  true  or  not,  tor  that 
ffrt  kaotv  thuC  made  it^  and  the  truth  or 
iKi  ut"  the  charife  is  not  enquii-abte  now  ; 
Pltnutter  of  whether  itiief  aal  thitik  it  ts, 
I  is  sutticieut  for  them  to  raake  tit»a  re* 
^oDit,  tlial  the  jiersons  therein  named 
Iftnd  sureties  fm  the  peace. 
l«;re  1  will  suppose  thi&t  the  ^^nd  jury 
N^nty  apprehencts  dang-er  from  several 
■  jiersons  if  they  obsene  some  persons 
Miy  li\  e  in  known  disobef hence  to  the 
siantly  fret|uent  conrerttides,  and  such 
forbidden  places^  and  never  come  to 
rn  and  estabhihed  p1iict«  and  way  of 
•  ihey  ohfierve  others  to  meet  and  Cfui- 
tl»er  i'u  an  extraordinary  manner,  and  in 
I  tubers.  Then  the  tjupstjon  to  \ye  asked , 
ber  this  he  not  la\\ful  for  tbcni  to  pre- 
Siirely  my  lord,  it  iis»  tor  the  law  do«b 
Liee  of  these  thioi^s  us  breaches  of  the 
t'  It  takes  notice  of  ecmventides  as 
HB  and  unlawful,  and  dangtirons  to  the 
■i^nd  tliey  are,  hesicks  otiicrs,  so  declared 
r  «ets  ot  jiartiHinetit  made  since  hts  ma- 

fcLppy  restoration,  the  one  made  Ititli  of 
,  cap.  11,  and  the  other  made  '22  » f 
ttgf,  ch,  1,  They  declare  that  these  have 
mmttd  to  be  the  grounds  of  reb«flUon,  and 
Kschterons  to  the  ijfovemment. 


p^fot  obliged  to  present  their  apprehen* 

W-  fancies,  hut  oHVuces  done,   if   any 

f     MS. 

pfevery  person  ouj^ht  to  be  presented  for 

■everal  oBenee  only,  unless  some  be 

'  nders  in   any  ca^,  and  the  otiences 

>  be  so  specified,  tliat  they  may  be  tried 

nurse  of  law,  wheihcr  they  be  guilty  or 

le  would  have  the  jury  present  breaches 
Hfteace;  and  nobody  denieii  it ;  luit  to  tdast 
^Viftmea  when  they   have  not  broke  the 

mnd  to  take  away  their  liberty  w  hen  they 
tjot  otfended  or  are  not  convicted,  is 
^t  all  the  law  of  the  land;  and  if  juries 
I    that  manner,  the  law   will  not  protect 

but  they  must  answer  damages  to  those 
bey  so  wniu^* '  *    M^ , 


And  if  other  persons,  that  do  per1ia)»s  tltcn 
selvefi  conrorm  to  the  established  worship  of  tfi 
ehiircbi  dn  liarbnur  siK  h  meti  us  the  leachiTs 
and  leaders  of  such  daniferoiis  nie'etin^s,  surt  ly 
the  pHifd  jury  m<*}  present  their  apprehen*- 
sion<;  ot  tiaiig'  rljoni  Jiueh  person**,  e?«[teciaHy  if 
the  presentment  as  in  this  ra«sc  is  not  upon  any 
positiveas^ertion,  oraecusatlmijiut  only  iiilheir 
prudence  they  preseJil  il  ns  expedient*  * 

llulton  4>lf^  lust.  l*eitce,  cap.  67,  concernrn^ 
suteties,  IW  the  peace,  tells  us  ii  ii^callel  KUret5'^ 
of  the  word  '*t'<uri/</s,  because  the  |jarty  that 
was  in  fear  is  thereby  tlic  more  secure  atid 
safe.  fc><»  that  is  trrounded  upon  fear,  and  be 
says'afteri^ards  in  ibe  sanu,'  chaplert  if  n  utnn 
hath  a  tear  thiit  another  will  kdl,  maim,  beat, 
assault,  or  hurt  turn  in  bodVf  or  burn  bis  houses 
ibou^'h  the  mao  Imlli  no  actual  « routjf  dooe 
him,  yet  that  very  fear  of  his,  is.  a  g^ood  cause 
of  him  to  dt»sire,  nml  of  the  jnstice  to  require 
sureties  for  the  peace.  And  is  not  then  the 
fear  of  a  whole  county,  c«nse  to  have  sucli 
persons,  as  they  apprehend  danjjer  from,  bound 
to  the  peace.  And  is  not  ihfi  fcRr  of  a  grand 
jury  that  represents  the  county  *  declared  in 
ttieir  presentment  upon  oath,  a  lethal  ground  to 
demancl  security  tor  the  peace  ?  If  private  men 
upon  their  private  fears  mny  ilesire  and  ooo^lit 
to  be  s«cured,  f  ibtnk  the  cotinty  upon  their 
public  fears  much  more. 

My  lord,  in  the  next  pluce  the  juncture  of 
lime  is  to  be  considered, f  What  time  wna  this^ 
that  these  g-entlemen  came  to  he  upon  this  jury  f 
j  There  was  a  plot,  an  horriil  conspiracy  aeTiinst 
the  lives  of  the  kinj*:  and  his  brother  lately 
discovered  ;  a  plot.tbat  was  published  by  the 
kingf's  Declaration,']]  and  made  judicially  toap«> 

*  *'  The  law  never  yet  deemed  a  grand  jury 
to  be  the  county  ^  nor  any  reprt*sentative  of  it ; 
their  pretendetl  Jears  may  he  only  malice  or 
faction.  The  const^quence  of  this  assertion 
woubl  destroy  all  jtsstice  in  the  course  of  the 
law,  if  this  doctrine  were  true."     MS. 

I**-  Voio  and  foreifju  to  the  question."  ISIS^ 
Tilts  Declura  ion  v^jis  as  fidloivs  : 

**  €1.  R,  It  hath  been  our  ohservittiony  that 
for  se\  eral  years  last  past,  a  malevolent  party 
hath  made  it  their  hu^mess,  to  promote  sedi- 
tion by  false  news,  hbellous  |»amphletii,  and 
other  \vicked  arts  ;  whereby  they  eudeavoure«l 
not  only  to  render  our  government  odious,  and 
our  moHt  faithful  &tib)ects  sus[)ca'ted  to  the 
ptjople,  h\ii  even  to  incite  tbem  to  a  dislike  ond 
hatred  i>f  our  royal  person ;  whereu[)oii  it  waa 
evident  to  us,  that  the  heads  of  vhis  party 
Gouhl  have  no  other  aim,  but  the  ruin  of  us* 
and  our  government. 

**  And  whilst,  by  our  utmoiitcare,  we  mani* 
feated  to  all  our  subjects,  our  xeal  for  the  main- 
tenance of  the  Pn>testant  relif^^iwi,  and  our  re- 
taolutions  to  govern  acconling  to  law,  it  wna  a 
great  trouble  lo  us  U>  find,  that  «vd  pereoiis, 
by  mLsrcpre:>*^ii'ii>''  ooi  aiijon^  fo  the  people*^ 
sfkould  m>  f(t]  r'i   into   the 

afiections  of  s   that  they 

lyoked  upoH  tUviii  as  tb»  uniy  psitriotft  Mid  a** 

4S 


1363]  STATETRIALS,  36Chari.es11.  lfi84^£*^/i>focT/c{^</rfr.SlMi». 


I 


pear  by  the  iriaJ  of  scvcnl  ofUte  ooofpinitor» ;  a 
plot  that  was  etiilcnl  to  hwc  h^en  carrttd  on  by 

«erters  o(  iheir  reli^fion  amJ  liberties,  ami  gare 
therustrhes  up  ffntirely  to  tbeir  conduct. 

•*  As  their  numbers  iiuTfasetl*  bo  tliil  iheir 
bohhu^s  to  that  heijrht,  ibfU  by  often  shcwitiaf 
Ib«ti|^e1\es  in  tumults  and  rints,  auU  imlaMl'ul 
mntl  setli'ious  convenlicle*,  tbey  not  ooly  en- 
guiTisi^  but  procbimed  an  iinpuoity  lo  tbcir 
otvn  jmrty,  wtTo  thought  tbcmsehtrs  alrcatly 
Uk)  strong  ft»r  the  Itiv^ « ;  nml  they  seemed  to 
believe*  that  in  a  short  time  thf^y  shrndd  gain 
upon  the  people^  so  aft  to  pri-^uade  them  io  a 
total  defection  from  the  government. 

"  But  it  plca^t'd  God,  by  ibe^^e  ihvir  violent 
wayi,  10  open  the  eyes  of  mir  good  subjects, 
who  easily  foresaw  tvhat  trtHihlcs  tbc*«e  nsr* 
tbods  would  produoe,  antl  ll^ercnpon^  vith 
great  courage t  as  v^ell  aa  dnty  and  ;tnVclioo 
towards  »%  upon  all  occasiousi  did  manilr^t 
their  resolution  and  readiness  in  defence  4>f  our 
person »  and  support  of  our  guvernment,  and 
the  rehijion  rBtalih^ihcd  ;  and  did  Ukew■^^v  run- 
*ince  the  common  people  of  the  villaiuown  dr 
signs  of  their  factious  leaders,  and  llie  mi»ie» 
ries  that  would  befal  them  in  pur^mug  sue h 
courses. 

"  liy  the«e  njraut  the  factious  parly  lort 
ip-ou nd  daily,  and  ftudiut;  tiiat  it  was  inipofcsi> 
bic  to  keep  up  the  spintu  nf  their  folhrnerfs, 
«|j;'atn«tthe  rehgion  e«itabliMipd,  and  the  laws^ 
t)^hil&t  we  were  Meady  in  the  maintenance  and 
ffjcecution^of  them,  became  despoi*Qte,  and  r€- 
«oh  ed  not  to  trust  any  longer  to  the  sbiw  mtf- 
thodsof  seditioDt  liut  to  betake  themfieUcs  Io 
irma,  not  doubtiui^,  but  that  they  r<;-mait)erl 
stilJ  strung  enough,  by  force  Io  overturn  (lie 
|Overnraent,  which  they  could  not  undermine. 
It  is  hard  to  ima|^'ine,    how  men  of  so 

oany  difl'erertt  interests  and  opinions,  couhl 
join  in  any  enterprjze;  but  it  is  e^rtiun,  they 
readdy  roneurred  in  the  rejuUition  of  laUin^ 
arms,  to  destroy  the  s^overnment^  even  lK*fore 
they  had  agreed  what  to  set  u|i  in  iJie  place 
of  it. 

To  which  purpose,    they  took   lereral 

iays  ;  for,  whibt  *H>tne  were  contrivioj^  a  ge- 

erat  insurrection  in  this  kini^dom,  and  like 
lee  iu  Scotland,  others  were  cons^iiring'  to 
sinatc  our  royal  person,  and  our  dearcvt 

rother,  and  to  massacre  the  maflfist rates  of 
pur  city  of  Loudon,  and  om*  oHicei-s  of  state, 
"that  there  might  be  no  appearance:  of  govern- 
ment, nor  any  uteans  for  our  subjecis  to  unite 
for  their  defence. 

**  In  caiJc  it  had  pleased  God  to  penuit  these 
^ti'ickefl-  de^ii^n^   to   iiare  tnktn    cifet't,   there 

ould  havQ  beeu  nothing:  in  pnjspect  but  eon^ 
fusion  ;  for,  instead  of  the  relbrmation  they 
preteutled,  their  success  would  havr  produced 
iivjiiions  aud  wars  amnn«^  ttiemselves,  until 
the  predouiiuani  party  could  have  cnsluve<l  the 
rest,  and  the  uhule  kjntjdom. 

**  Hut  the  divine  Providence,  which  hath 
preserved  us  through  the  whole  coui<s4e  of  our 
lifei  halli  at  thii  tioie.  in  Ui  e^lraordisary 


persoDS  of  iboce  pfttici{ile«  thai  wtm  ^tilt| 
preached  al  cotireobclea,  and  £i*ha]  I 

manner,  shewed  itself  in  the  9*> 
Gracious  deliverance  of   n»  awj  t-ar  '^**li^'^ 
brother,  and  all  our  loyal  ^ubjecftf,  *^^|t^|J 
homd  and  daoMlli^^  '     -^am 

*'  A^  it  is  i hi  ret' 
loving  subject-    ' 
thanl^  to  Ahtr 

I  ho  IT-*'    ''     " 

suit  I 

bet  Hi  ..,...;, . .  .L.,  u.  . 

the  rontc-^sion  of  •' 

tills  cmijipiracy,  w  h < 

as  yet  pcrlectJy  traced  ail  th* 

pnnci{»al  and  main  dr?T[Tn>  rif 

have  apjieiiretl  to  h< 

**  About  thebej^ii. 
the  htadti  of  the  tat  uu4i 
our  eity  of  Ix)ndou  setii 
principleH,  they  b^ 
nnmi'flfarely  lo  con^ 
wUu  «  some  thoui^hi  im  u  y^ 
parptl,  that  they  ouutd  not  fail  of* 
ein\^^  ^vfiencver  they  iihoald  * 
9f>en  torce* 

^^  U1>ereupon  there  was  &  metl^'* 
oi*  the  principal  conspirators,  *'  ^" 
the  best  means  to  master  our  i 
seize  our   person;    but,  upon 
ibey  found  it  necessary  to  prt^nretl 
in  the  several  counties^  as  alto  tb* 
party  in  Scotland,  to  join  with  th*^'* 
which,  any  attempt  in  our  >= 
our  guards,  ap|»^^red  too  r 
taken  :  90  that  they  lai^l 
a  present  rising,  and  \\ 
find,  by  acorrtspcis  ' 
with  several  parts  n 

iar  they  might  bciia.i^tvM  ^-v  *^  i^^i 
rection,  no  th^t  they  might  ^ot,  iu  bui(*tf|l^  ^ 
liabihty,  fail  of  succe^siS. 

*^  Whilst  this  fimlile^if^ii  wat  1 
villains  were  likewise  carry  itig  i 
and  execrable  plot  of  asaassinati 
person^  and  our  dearest  brother,  in  o«i 
troin  Newmarket,  and  money  it^i 
for  tluit  purpose.     Bitt  by  lhi»  sl>ad» 
time,  (we  being  thcti  tmnieiliaiclf 
return)  and  for  waat  of  iieccssavy  | 
ihey  were  forced  to  defer  this  csec 
till  further  op(torturuty. 

"  It  V-       '  '      luang  t 

ther  the;  same 

goin^f  (it  i\...r ....!•  JVC >..  •«•  .t««fcb  last 
objected,  that  our  guardsi,  wlftiHi  uaoiMi 
main  hire  some  time  af^er  oor  dmi 
wouiJ  be  capable  of  tnaking'  a  grr^^mm 
upon  the  arrival  of  tiie  ni*«fa.  For  wwdi 
son,  and  because  tbey  wtrc  tmi  tlittt  iaa  i 
cictit  readme^,  it  vrut  n^reed  !•  ba  dnar  ■ 
return  from  ^s 

^'Tbepbct  I,  wmatliebatMei 

Richard  Hunibold,  a  itmlster^  called  dia  J 
uear  Ho<Ulesdon,  in  the  coua^  of  i 
&ud  it  wai  reiK»Ued|  that  40  tmrnmsm 


.TE  TRIALS,  SfiCoARi.KS  If,  }6S^.—f&r  Scandnhmi  Afa^atmm,  [1368 

Had  n<»t  t  con$ifI<*rittive  consi^ientimis  ^jmnd ! 

i  jury  then  reufcon  to  l»e  uppK-hensive  of  danger ] 

fhim  tbosd^tat  did  ailLiert  to  such  pei^osi' 

"  And  thot  they  nitgirt  be  the    better  pre*^ 

pnrctl,  tnrheo  there  sh)ul»l  be  occusioh,  hy  nAv-  ' 

u\z  «  certain  nntohtfr  of  ftrnis   lyings  uftrayij 

..-i.iv  tor  that  purpose^  armvlnr  furry  men  wci-n' 

ke  in  all  hai»te,  fiz.  Thirty  carbincfi  wiiK  ^ 

-  jud  $wiv!es,  thirty  cases  of  pistols*  tinijj 
ten  hiuiHlerbiishea,  which  were  uccurdiiigljr 
made  a|id  paid  for. 

*'  And  for  the  more  easy  drawing  their  pari j  * 
to»v<^heT»  against  the  liraeof  ejctHulion,  ihvf^ 
ctintrived  to  divide  our  cities  of  London  and! 
VVestminstCft  and  the  suburbs,  into  twenty^ 
partii,  from  eaeli  of  which  they  expected  SOd  J 
men  to  be  ready  at  the  first  on^el ;  and  eomij* 
HqrilatofB  wereto  gire  an  act-ount  of  the  meal 
to  be  furniiihed  in  each  division,  and  to  ^^e* 
out  ordt-rs  to  them  as  there  tihoiiid  be  ocoasiou,  , 

**  And  to  the  end  iheforeeslhey  should  rttisa'l 
mijarht  be  the  soonei^rtifKlelled  into  the  form  of^ 
an  army,  there  were  lOO  old  ofticers,  who  haif 
been  eot^ai^  in  the  lale  rebellion,  ready  ia-1 
town  to  take  the  command  <if  them  :  iti  ^9j 
pupsnit  of  which  project,  they  continued  liltjf 
they  knew  that  a  discorery  hid  been  mad 
unto  us. 

**  During'  alt  this  time,  the  principal  con« 
ffpirators  were  manajring^  their  other  dc«itgn  fof  ^ 
a  geneml  insurrection  in  both  kingdoniB 

**  The  late  car!  of  Shaftshyry,  \»  ho  hftd 
Brst  pn'fised  them  to  sudden  ri^in^,  which  h| 
would  have  had  befrH^  the    ITlh  of  Nov  em  her 
Inst,  or  n|»rm  that  day  at  the  farthest,  sent  to^l 
ihe  conspirators,   at  a  meetinj^  appoinieiJ    by*l 
them«  to  know  their  resolution  ;  tind  ttndin^J 
they  nould  not  adventure  without  farther  pr*«,  I 

tmrwiifm,  conreytfd  himself  i»ecrclly  into  Hol-J 
and^  to  avoid  the  danger  be  might  be  iu  by  i 
discovery. 

"  UiH  withdrawing^  himself  from  their  couti*  | 
iels,  ilid  not  discouraj^e  them  from   pursuingj* 
their  design;  only  ^ade  th^m  more  C-autiousi 
whcH'tipon  a  new  couucd  was  appointed  ofsijCiJ 
peihiuiH^  that  hereto  have  the  chief  manage-*  | 
nu'iit  of  affairs,  ia  order  to  a  ueuemi  insur*J 
ri'i-rion,  hy  a  cnrrespundenty  iTith  their  partjj 
in  Sciiibud,   and  «(e?eral  countit'^  of  xim  oui 
kinc^ilom  :  and   because  a  coney's pondenoy  by 
letter*  w ns  Ihonjjht  daojferous,  it  was*  held  ne*| 
c«*8Miry  that  Kome  penwin   should  be  scat  int* 
Keotlarid,  to  invite  the  heaiU  of  iIh*  dittatTrcian 
party  in  thut  our  kinj^dom,  to   come   hither^  I 
under  pretence  of  purehaiiing  lands  inCart»lina* 
but,  in  uulh,  t»i  concert  with  them  th»j  be< 
means  for  cnrryinu  on  the  design  joyntly   ill 
both   k»n«rdfmi*( ;  nnd  a  treaty  was  thcrf  urH)iA| 
h»d  with   V  :  <;ainpbid  late  earl   of  t^J 

j^ylc,   wIh  ed    of  tn^aton,  who   \l^4 

mttndcd  yt^inf  '      II  tirht,  but  i*ti  *  d| 

to  ucct'pl  ot    t0,O('ij/.    li>r   bu^  I 
MoiUnd,  and  in»ikiti|^  Other  pti»i.?.ivMi..    t«ir, 
nary  tor  a  rcbellton,  withim  our  kingdom  ( 
Hcotland. 
.   ««|iitlie«aMooiiticil  ofiiXi  It  fv>  T, 


1^  "some  of  whom  were^  m  a  courae 
irtod  and  «ceculed,  and 


be  ietors  in  this  assassination, 

-^— T'^  <f  theuaid  Richard  Hum- 

maelves  in  or  near  I  he 

<  our  coach  *ilin.ii.f  <vm,i.^ 

n  three  or 

')  V  5eSt  ar  the  j 

d,  if  they  should  fail  of  kiliin^  the 

m<mw  wc!^  to  be  ready  in  the  wny> 

^  of  Ubourera, '^honhl  tr*i^'a 

»  '^^'■^j  and  !»o  stop  our  c<ifich  : 

to  shoot  into  the  conch, 

,  and  our  dearest  brorher 

i  to  lire  upou  the  i^uards  that 

lendm^  ua.     And  it  was  fur* 

^'         nit'  day,  many 

I  ■ ,  whom  thvy 

i.nr  iM  iMvu   .;.-ifc;in,  should  l»e 

line  in  our  city  of  Loudon,  that  they 

n^re  readjf'  to  appear  amon^  tlie 

l^iirival  ot  the  news;  the  actors  in 

■miation    having  contrrveil   (be 

tbeir  escape,  by  a  nearer  paasasfe 

ke  M«itml  r<md ;  by  which  meanis  tliey 

i  M  to  lAunioti,  as  aoon  as  the  liewa 

i  Kr»4»tr*»t  thither. 

*t  it  would  be  easy,  upon  their 
liornd  fact,  to  posse*'^  tbem- 
t  I  fktf  pn^uniing  upoD  the 

k  I  retl. 

!  of  such   an  action 

114- with  them,  they 
I.    ,1^  liir  as  they  eonld,  by 
I  I  for  declaration,  which   ua«- 

>  ,1  un-l  ili^u^Tvi  I  in  that  eon- 

1   le^toiirofli' 
s  of  otir  ^:iid 
^  if,  and  other  our 

■  r  t0  put  some  stop 

liSaR^er,  iht?y  rt**ol*^d  lo^>Mow  this  blow 
bA^*^t*tt\  wbPTf^'n  they  purticnlurly  d«?- 
"  '  ^iier,  om  off! cer«  of 

r,  and  aberrirH,  mid 
[i^lrai!y  ol  our  ^  ly »  and  other  our  sub- 
It  hftd  been   must  eminent  for  their 

\  it  pleased  Almighty  GihI,  by  his  won- 

^...  ..t^«M,.   ...  -i.,|;.oi  ihe^e  counsels,  by 

•t,  which  n<'Ci*ssi' 

I  .  ..L  before  the  lime  we 

II  were  nut  Ihei'eby  di«- 
;„'■  the  sttrae  blo«idy  de- 

i   ke  thf  first  on|K>rttinity 

»»+ii,<   t  and  ptiip*»«e«l  to  them* 

ti^hr  lie  done  eiilier  in  our  pa*»' 

t   Hampton 'Court,  or  in 

st4ir,  or  wh(*n  wrHhi>nM 

'      Iktlfofd 

w  ^y,  or  aC 

'  III    fv^^l-lyon* 

we  and  our 

u•^i  i.H^.<..o.i,  vfooiulng  till* 


1S67J  STATETRIALS,  36  Charles  II.  i6M.^%o/Maecle»JUU9.Simbg,  [ISfiB 

auil  frequently  were  in  their  company  ?  havinjf    dmce,  at  fir  as  in  them  lay  to  prevcnl  ii  ftr  dM 
faa<l  su  mucli  expericucc  of  the  uiisiliif^f,  (li«l  it    future? 


not  lie  upuu  them  I:)  cxin-ess  their  care  audpru- 

wbctlier  the  risinsr  in  this  kingdom  should  be 
first  in  our  city  ot  London,  where,  by  reason  of 
the  vast  numbers  ihut  might  readily  unite,  they 
thou{J[ht  they  nii^lit  easily  master  the  guards; 
^r  ni  her  in  some  remote  parts,  whereby  we 
should  bQ  under  a  necessity  of  sending  our 
CSuurds  to  suppress  theqa,  and  thereby  the 
rising  in  our  said  city  Would  become  more 
secure  and  effectual :  but  at  last  it  was  re- 
solved, as  roost  convenient,  that  it  should  he  in 
all  parts  at  the  same  time,  lest  our  city  might 
be  defended  by  the  Militia  thereof,  without  the 
help  of  our  Guards,  which  wc  might  send  for 
thesuiipressingany  insurrection  in  the  country ; 
and  they  did  all  dispose  themselves  accord- 
ingly, for  the  compassin:>^  their  design,  which 
was  very  near  taking  cifect. 

'*  But,  such  was  the  abundant  mercy  of  Al- 
mighty God,  while  the>  were  yet  meditating 
their  execrable  misehiels  against  our  royaJ 
person,  our  dciirest  brutlier,  and  the  govern- 
inent,  a  discovery  was  made  unto  us  by  one  of 
the  accomplices,  on  the  ]!2th  of  June  last,  since 
which  time  we  have  used  the  best  means  we 
could,  for  the  «ietecting  and  prevention  of  so 
iiellisli  a  conspii-aoy. 

**  But  soil  has  happened,  that  divers  of  the 
•conspirators,  haviu^r  notice  of  wan-arts  issued 
•out  far  their  apprehension,  are  Hed  from  jus- 
tice, \ix.  James  duke  of  AJonmouth,  the  lord 
Alelvil,  sir  John  Coeiiran,  sir  Ttiomas  Arm- 
strong, R<.»beit  Fer^-uson,  who  was  the  com- 
mon agitator  entrusud  by  all  parties  in  the 
several  conspiracifs,  liu'hard  (ioodenough, 
Fiaiicis  GiiOiIi'ijoulHi,  Uicliaiil  RuniboUl  the 
maltster,  Uilliani  Uiim.IjoM  his  bn»iiier,  Rich- 
-ai-d  N  Ithorp,  NailianucnVade,  William  Thom- 
son.  James    iJiir'.on,   Jo»ei.h     Kli»y,    Samuel 

Gibhs,  rrancis  C  harlfltMi,  Jo-ic|»h 'i'vley, 

Carstairs,    Lol»b,   both  noneoiil'oi mi.>t 

preachers,    Mduard   Norton,  John  Uow,  Juhn 
A\ lief,  ami  J«>iiii  Athpfton. 

**  Ford  lord  (jray  hv'w.ix  apprehemled,  made 
lijs  esca;»e  out  of  il:e  hands  of  a  Serjeant  at 
Anns  ;  ami  Arthur  lale  tarl  of  Eisc\,  iM-inpc 
rommitfej  to  the  Tower  foihiyh  treason,  kilkd 
himsflf. 

*'  OthiM-s  have  been  taken  and  (•ojinisilied  (o 
custo'ly  ;  MKue  of  uhom,  viz.  the  h.nl  Will.ani 
Russef.  Thomas  WalcoiK,  William  ILme  and 
John  Rouse,  have,  upon  their  trials,  bien  con- 
victed, attaiiilcd,  aiid  exei:uted  aceoiding  to 
law. 

**  This  we  thought  fit  to  make  known  to 
our  loving  subjects,  that  they  biding  sensible 
{as  we  are)  of  the  mercy  of  God.  in  this  gn.al 
Ueliveraj5ct\  may  cheerfully  and  devoutly  joyn 
xvith  us,  in  returning  solemn  thanks  to  Al^ 
mighty  God  for  the  same. 

**  For  which  end,  we  do  hereby  appoint  the 
9lU  day  of  September  next,  to  l>e  observed  as  a 
day  of  thanksifiving,  in  all  churcfaea  and 
<hap«ls  witbin  tbi^  our  ikiujj[4oiB  •of  Koglaodi 


if  a  grand  jury  have  not  this  power  and  ao- 

domioion  of  Wales,  and  town  of  Berwiek  npia 
Tweed,  insucb  maaner  as  shall  bo  by  as  di- 
rected, in  a  form  of  prayer  with  thanugiviaf^ 
which  we  have  commanded  to  be  prspared^ 
our  bishops,  and  puUtshed  ibr  that  purpose. 

'*  And  it  is  our  plosure,  that  this  dfclsn- 
tion  be  publicly  read  in  all  the  said  churchM 
and  chapels,  as  well  on  Sunday  the  Sod  of  8e^ 
teif4»r  next,  as  upon  the  day  of  thankigiTlBg 
aibresaid. 

<'  Given  at  our  Court  at  Whitehall,  the  S8& 
day  of  July,  1683,  in  the  35th  year  of  «s 
reign." 

Somewhat  earlier  had  been  poblisbcd  is 
Scotland  the  following  Prodamatkm  for  a 
Thanksgiving: 

Proclamation  for  a  Tha?iksciving,  Augur  7, 
1683. 

"  Charles,  by  the  grace  of  God,  kinfp  of 
Great  Britain,  France  and  Ireland,  defender  cf 
the  faith  :  to  our  Lyon  king  at  anus,  and  hit 
brethren,    herakls,  *  macers,   pursevaots  asd 
messengers  at  arms,  our  sheriHs  in  that  putt 
c<uijunctly  and  severally ,  specially  coMUtute, 
greetmsif  T  to  all  and  sjndry  our  good  sob^erli, 
greeting :  Forasmuch  as  Aliuiglitv  God,  ishii 
great  mei-cy,  and  by  his  wondertul  provideooe, 
hath  brought  to  light,  defeuU*d  and  confuunM 
a   most    unnatural.  tratten»u«i,  and  dtabolicil 
conspiracy,  contri\e<l  and  carried  on  by  penosi 
'  of  fanatical,  atheistical,   and  repubiiran  prin- 
cipus,  lor  taking  away  oursacreil  lil',aDdlbe 
'  lite  of  our  dearest  brother  James  duke  of  Al- 
bany, subverting  of  our  ;>overnment,  aud  id- 
'  volving   these  kingdoms  in  blood,    c^'dIimoo 
and    miseries;  concerning   which  treasonable 
.  eonspiraey,  we  have  emiitcil  niir  ro\ al  IKctara* 
lion,  to  all  our  loving  suhjecls,  at  our  conn  at 
',  Hhitehall,  the  'iiitU  of  July  last,  in  this  3. Mb 
year  of  our  reign,  which  wc  have  unkMCtltDbe 
,  reprinted  here  :  and   wc  U^Jng  deeply  senwWe 
of  the  hiiinbie  and  grateful  praises  aud  ad'^ra- 
tion   we  owe  to  the  Divine  MajeMy,  for  diii 
.  great  and  si^:nal  instance  of  his  waichtui  cart 
over  us,  wlioiii  he  hath  so  long  prese  >ed,aod 
so  often  delivered  by  miracles,  have,  outof  onr 
religious    disposition,  readily  approven  ot  aa 
humble  moiiuii  made  ti>  us,  tor  cummandio^a 
solemn  and  general  thanksioving,  to  be  religi- 
I  oiisly  ohserted  throughout  this  whitle  king- 
I  dom,  to  oHier   up  de\out  |>raises  aud  thaab- 
!  giwng  to  Aimight\  God,  'or  <hi>  eminent  and 
!  mii-a.-ulous  delivenuiee  granted  to  us,  tad  in 
1  us,  to  all  our  loyal  anil  dutiful  subjects  ;  ai 
also,  fervently  to*  pray,  that  God  may  coouav 
his  gracious  care  over   us,  aud  his  mcrciec  la 
these  kingdoms,  and  more  and  more  bring  lo 
light,  dHeat  and  confound  all  traiteroiis  oos- 
spiracies,  associations,  aud  machinations  agais4 
us«  our  dearest  brother,  and  gofemuenl :  wCi 
niih  adficeof  our  yiiwy  ctmcd,  have  ihor 


rr  win  want  ft  siiillciviit  iwi^ani  fur 
to  kee|i  the  peace.     Ulh  Iketlar 


fTATE  TRIALS, $5  Charles  IL  l6Si.— /or  Scundalum  3fagmhm.  [1370 

certainly  to  |irevent  a  miiichief  before  it  oniea' 
tbao  to  lie  to  look  for  a  remHy  when  it  htp-  ' 
pens :  ami  tltr^  Inw  pret'en  prerention  beyond 
tijeremtcjy.* 

If  a  jtiry  <lo  enquire  of  the  crimes  of  male- 
factors and  bring  them  to  ptinisKmeni,  it  is  not*  1 
fio  much  in  the  eye  of  tSie  latr  tar  the  correC'- 


jcrr  u 


by  this  oiir  royul  pri>clriHia- 
jctict  0  g-enefiil  and  soJptnn  thmnks- 
►  be  oh<''r- f-*  'I 'Mit^hual  ihis  krntr 
ttU  our  !'•  *  ts  may  oflVr  their 

|ii«eft  tinci  j-*^  and  tlieir  fer- 

rr«  and  its,  to  Aliiii^hcy 

K'|»o^  lit  and  we  strictly 

chat^,  that  the  saift  nokrun 
rcUtifioiisly  and  dcTOutly  |>er> 
11  r  subjects  and  people  within 
,tng>loiTi.  upnn  the  9th  of  September 
111  Ui  the  end  this  part  of  ditine  wor* 

Sand  necfs^ary,  may  he  uni- 
tlie  satnetiine  offered'^ by  all  our 
ill  nubjei'ts,  we  hereby  require 
r<!idibhr>fis  and  ht^iliops^  to  g'ivc 
reof  to  the  nuia^tors  in  their  respec- 
that  iipmi  thf*  l^rd^s  diiy  imme- 
'n*^  thf  «iiiil  Oth  day  of  St^pteujUer 
l^tipon  the  said  9tli  of  HcptemUer, 
read  and  intimate  thi^  our  royal 
tn,  from  the  pulpit,  in  every  parish 
bgeth^r  with  our  foresaid  Decfarationt 
our  Court  at  Whitehall,  as  aaiit  is, 
they  exhort  all  our  subjects  In  a 
itnl  devout  perfo nuance  of  the  »aid 
l^raitics,  afid  thanksgiving,  a^  they 
p  favour  of  Alnn^Hity  God,  and  the 
I  prcseriratioti  of  our  sacred  life  and 
^nl  :  rertifying'  all  such  aa  shall  eon- 
Mfectthis  fHi  reiicriou<tand  important 
^■fthaU  l»e  prfioteiled  a'^oinst,  and 
H^tHJUteiuneriK  of  our  authortty,  und 
B  highly  disdH>otf?d  to  our  person  and 
rut  ;  and  orduin  these  presents  to  be 

Eler  our  signet,  at  Holy-rood'house 
r  Auf  ustf  10tl3^  and  of  our  reign 
m  Dominonim  Secret*  CoMCrlJi. 
^*  \Viu«  Fateuson,  CI.  Seer.  CoocilU. 
^^  ^*  God  save  the  king*.^^ 

PBler,  Fountainliall,  (t  DedsiojiSy 
1^  Qoder  date, 

^«t  7th,  lem.    At  Prii  V  Council,  his 

»  printe<1  lleclnnuiitti  aiwnt  the  phana- 
I  is  read,  and  a  T)ianks'»'ivin^  ap* 
Upon  the  9ih  of  Sc-pttmher,  1583, 
lui  all  Scotland  fiir  itii  dii;corery%  and 
laratiou  to  be  re^^d  through  all  the 
I  They  would  nut  make  it  no  a  \^vrk 
nil  the  jieople  mis^ht  hatre  withdrawn 
»ted  ihetnselves  from  it.'* 

rmojf  tlie  two,  Wodrow  writes  thus  i 

L^  1683.  The  touneil  [of  8<^t- 
Hnp  a  must  flattering  Addri?ss  to  the 
B|Plit(ll«ttn(?  hi«  nii^enty  nfH»n  the 
y  of  the  Ptot,  and  ucquaintintf  htui, 
r  were  apiioioting  a  Thanks^iving^  for 

»  Aiigiait7th,  before  thttt  Proclamatioo 
^»gififi^  t^  ioMift  in  the  Avconlii  and 


it  is  8epteiTiber  91  h,  l>elbre  it  is  kejit.     The  oc<- 
casion  of  this  dt^Uy  seetns  to  hare  be^  to  keep' 
pace  With  England  in  theirs.     The  trials  ^JT'I 
the  excellent  h»rd  Russel,  captain  Walcot,  Mn] 
Rou^,  and  some  others,  are  in  every  body's 
h.indii,  aud  their  speeches  and  lettent  in  print. 
When  those  were  dispatched  under  colour  of 
law ;  and  the  j^pivemment^  or  rather  the  duke 
of  York,  were  rid  of  some  whom  they  were  an* 
wilUnij  sbouUl  live,  a  day  of  ThsinCsigiring^  ig 
appointed  for  his  majesty ^a  merciful  deliver* 
ancc,  in  Ensjfiand  and  Ireland.     The  Eoiflisb 
Declaration  w  p  etty  large,  and  alled^sa  ge*  I 
neral  ioiiurrecuon  was' desij^ned,   and   that  m-'i 
correspondence  was  established  in  8cotlaod,'J 
and  that  the  earl  of  A  riff  vie,  lorl  Melvi)^  air 
John    Cochran,   Mr,  WiJIiain   Carstairs    and 
others^  were  concerned  in  it.    This  Paper  was 
reprinted  with  the  Scots  Proclamation,  and  or* 
dered  for  solemnity's  sake  to  be  read  twice> 
from  every  (lulpit,  to  impress  the  people  tbo 
wore  with  ill  thou>^hts  ot  the  Presby tenaiiE^  on 
whom  they  u  ould  i^x  the  Plot.     There  are  se* 
veral  matters  of  fact  in  it,  whidi,  I  doulit  not,  , 
were  laid  before  tlte  king*  and  council,  but  alter- 
wards  were  discovered  to  be  soundless  and 
false.     It  ii  dated  July  28*  lt>H3. 

**  The  8ooUj Proclamation  i«d:ite<J  Anpf,  7th, 
To  throw  an  oiliuiii  upon  the  Pre^bj^ terians 
in  Scotland,  it  is  intituled,  *  I'mrlamation  in« 

*  dieting-  a  ThanCsj^ivinn^  for  tlie  deliveranc 

*  from  the  Fanatical  Conspiracy  ;*  and  ♦  fana« 

*  tical,*  the  ordinary  term  tor  expressing^  Pres-p 
byteriaus,  is  i^nned  in  the  biidy  ol  the  Procla- 
rnntion,  with  athHstical  and  republican  prin« 
ci(>k»s,  and  named  in  the  fir»it  rcmm,  aa  bein^f^ 
in  I  he  sense  of  the  penuers  of  this  Proclama-'' 
tion,  the  worst  of  the  three.  They  Ukewiae^l 
make  tbe  kiiijf  t<i  say,  *  Thnt  Providence  had"! 

*  oHen  delivered  him  by  mii-acles  ;*  and  in  %  I 
fetv  liiie-^  again,  His  termed  *  a  miraculous  de» 

*  liverance.*     How  well  this  came  from  lh**| 

ii-ifu  of  court- parasites,  and  flattering  ministen^'j 
[  shall  not  dt'tennine ;  but  'list  plain,  commoif  ( 
dec!ency  mii^ht  have  kept  theiu  Irom  putting'  I 
this  in  the  kii>|;'s  own  mouth,  especially  siuo^'l 
it  was  not  true.** 

♦  **  Pitiful  ar^iment.  He  fancies  that 
the  oflirtTi  of  j  inlice  and  other  men  are  xmH  able  1 
Iti  keeplhtf  (leace,  and  therctorv  th«f  i^rand  juryj 
must  have  pow  er  tc»  scandalize  men  m  matterS|«| 
from  which  tht*y  ^h^ll  Imve  no  means  to  jui> 
tity  1heni«^lveK;  and  to  d^iire  thnr  liberty  19' j 
be  taken  from  them,  whiUtthey  arc  innocent  tai 
the  eye  or  the  law.  Tlie  pcatie  halh  l>ren  wevl 
kept  many  hiindred  years,  yet  no  ^'ranrt  jnr^j 
limilleil  the  peera^  and  called  tbem  praiMat* 
ments."    MS*, 


1371  ]  STATE  TRIALS,  56  Ch  ae  l  bs  I  f,  1 684.— i?.  of  MacclesJUU^.  Slmiiq,  I 


tlm  of  the  persons  that  have  oflWoded,  ha  fnr 
pivventlngr  tbe  spccftdlug  of  the  infectioo^  and 
Ki  caution  o< hers  that  they  do  not  o fien iJ .  Now 
this  bc'iDg  the  e&d  of  tbe  lau\  mi  their  loqaifjr 
(nlncBna  ad  paucos  met  us  ad  omucs  perfcniat) 
ahull  ibey  have  a  power  to  brin^  99mdeni  10 
judgment  aod  not  hare  a  power  to  prevent  tlie 
rotnniTssion  cif  the  ofli?Bce9  ;  and  by  declarmg' 
llw  j^u^ds  of  their  featn  and  mffehenaoiis, 
of^tein  what  help  tliey  cait  have  Rom  tlie  court 
to  prereot  the  accomplishment  of  their  feare  ? 
Tiiat  sure  was  Defer  denied  to  any  grand  jury  in 
ibe  world, 

Tbeu,  my  lord,  » to  tlie  next  thiog'  which  is 

'  —  i  m  this  presentment,  the  tumulttioua 

and  entcvtaiianeni  of  the  duke  of 
nth,  1  cannot  tell  whether  this  noble 
I  the  plftintiff-did  or  did  not  appear  at  that 
cUno  acnoogat  *■  those  that  met  tumulluouidy  .^  * 
Hkit  I  may  lay  a»  thin^  then  stood  upon 'this 
discovery,  suen  aasembiiet  of  armed  men  ini^Ut 
give  ffeat  umbrage  to  a  grand  jury.  The  duke 
of  Brtoomouth  waa  by  his  majesty  *s  prodama- 
tion  and  dei-laration  Eneutioned  as  coaeorBed  in 
the  design:  he  i^-as  under  the  accuaatiofi  of  an 
iadiciiueot ;  and  was  at  tbe  exigent ;  fttid  that  is 
here  declared  to  be  the  reason  and  ground 
of  their  apprehensioQS  of  danger  from  those 
meetini^s. 

And  whether  the  thingv  be  true  or  ^Ise  in 
fa«t  ia  aU  one  upon  the  matter  in  this  case,  be* 
fore  your  lordship  ;  though  upon  this  present- 
ment by  the  grand  jury,  who  were  all  men  of 
good  ouality,  knowledge  and  fortune^  primd 
Jiicie  they  ought  to  be  presumed  to  be  true. 
B«t  that  1  insist  upon  is  that  these  are  good 
oauses  of  presentment,  fkllint;  properly  under 
the  conusance  of  a  c^rand  jury  in  such  a  court  of 
judicature  ;t  and  if  these  be  not  such,  there  can 
certainly  be  nothing  that  can  proj>tf Hy  fall 
under  tbe  conusance  of  a  graiul  jury  of  a 
eounty. 

M  hen  there  hath  been  a  liorrld  eoospiracy 
and  treason  discovered,  of  which  j*onie  that  are 
accused  are  atraintwJ  and  ei'ecuf«^d,  othera  lied, 
and  among  them  the  principal  person,  wha  not 
long  before  had  ivith  a  very  great  number  of 
gentry  and  oibers  come  into  the  country .  mid 
Uiero  had  been  upon  that  account  a  turn u I- 
loous  diaopderly  assembly^  why  should  it  not 
be  rational  for  a  grand  jury  in  such  a  jaoclure 
to  apprehend  those  things  might  be  dangwt ous 
to  the  country  ?  And  if  they  do  apprehend  them 
dangerous »  they  are  obliged »  by  their  oaths, 
and  bound  by  the  duly  they  nwe  to  God  and 
tbe  king,  ami  by  the"triist  ihat  is  reposed  in 
Ibem,  tm  iiwjuisitore  for  therr  country,  lo  make 
•uch  prudent  ami  discreet  representaiiona  of 
their  fears,  and  thegrtMimls  and  reasons  of  them^ 

•  **  Was  there  any  such  meeting  tlaund  by  trial 
to  be  riot,  or  i-out,  or  Unlawful  assembly  ?"    MR 

t  **  If  the  matters  scandalciudy  suggested 
kad  been  ia  due  course  of  law  presented,  there 
iiad  be«^o  no  cause  of  action.'*    MS*. 

1  /*  VVho  said  it  waa  a  tumuit  before  the 
law  bath  judged  it?"    MS 


lo  the  court,  beforo  wIkmb  tbcy  m 
that  can  apply  proper  reotd^;  ioi 
semrity  for  the  preservniop  of  tlir 
therein  as  far  aa  in  tbem  Qss,  mo 
Tentueot  and  prevent  the  dangm, 
apmhensiotis  threaten  k. 

My  lord,  I   muat  obterre  ihiitUi 
first  action  that  efer  wasbroagbtiilbl 
1  will  not  say,  the  larst  actum  tint  4 
brought  against  a  grand  jorv  bsdwf 
The  anlhorities  [qu,  that]  1  UtetjuqWl 
lordahip,  that  have  been  in  al!  iimt^^ 
dieot  and  modern.  Grand  jurrwi^ 
itied,  but  always  protected  oy  lb* 
those  suits.    And  as  those  aetioo^    ^^,^ 
explcHk^  ia  preceding  ages,  so  1  W^Jk\ 
see  tbem  take  eifect  in  this;  for  ti  ^^i 
most  dnugerous  thiog  if  tbe  lair  i  ~ 
theiD  to  actions  for  what  tktf  do 
No  mem  would  serre  thie  eo 
freedom  or  cheerfulness^  in  that 
ever  did  Berv^  mued  do  it  by  < 
not  dare  to  do  Itis  duty,  lor  fear 
erery  man  of  quality  would  cOli 
i^our  lo  a?oid  it^  and  lo  the  king  ^^ 
want  the  service  of  the  beat  men  ii   ' 

My  lord,  to   turn  the  tnUes  a 
consider  the  conseouenoea  of  this 
gramtjur)*  shall  be  liaMe  to  every 
for  what  they  do  aa  a  gmad  jur^< 
be  grouted  that  they  mast  be  In 

formation,  for  if  an  action  will  ho  ^ ^ 

fof  ntisdemeoning  themselves  a^n^^^ 
person,  much  more  should  an 
agiiinst  them  tor  their  mtsbehavi 
the  government,  which  1  bateirbt' 

This  will  be  to  take  away  th^ 
the    hiw   and   infringe    the    pt  i 
English   people   have   by  Ma|p<i 
have  grand  juries  lo  accuse  them,  ^m^ 
enquired  of  by  their  country  ai»d    ^ 
bemre  they   be  tried  for  their  or 
the  Jaw  will  never  auppooe  thai   _ 
thst which  tsluirtfulaud  pr^udieiil  ^^ 
ple^  II  as  thotte  auihorilies  that  I  hi 
your  lordship  do  prove.     But  this  ts 
their  great  prejudice. 

Notv  then,  here  is  a  grand  jui^  ll 
pauueletl,  and  swom  hf  il*rr  anA^ttm 
thot  have  muile  a  prcs-  i  sui 

as  are  within  their  en4<     ^  :he  c 

of  the  cmirt  iloniring  oaiy  td   pcei 
dangers  to  tlte  government,  by  h%\ 


«  ''  This  is  the  first  libel  of  this  I 
a  presentment- *  MS* 

f  **  Vain,  Vain^  if  o  man  supers  fr^  1 
out  of  the  course  of  a  grao«i  jurvt 
nunc  uill  be  of  a  grand  jury/*  M^. 

II  '*  Htrauge  doetrioe  of  ik# 
of  grand  jurte?,  and  ia  only  i 
that  whereinsoever  a  crawl  jtinr  i 
of,  and  within  the  iaMtt  of  Ui^ 
rity ,  they  cannot  be  <|ocrtioifcgj  1 1 
any  other  lavifully  authorize  ia 
Lt  may  be  said  of  a  ootkaUibAe,  vet  if  I 
hie  eiUbdrity »  he  myal  iotfar  m  ati'* 


??^ 


i]  STATE  TRIALS,  56  Ch aelhs  IL 

Ibe  pc*oe :  if  fW  M  4otog  ui  ihctioii  will  lie 
liaM  tlM3ii,  ihm  liQiioiir  and  refutation  of  the 
\  lliat  rejiottth  Mich  «  4ra«t  in  gnitil  juries 
1  be  i]]al»eacli««it  and  tba  ptivile^  ^  uf  the 
(  Uft  iitTe  llie  itAU:  of  their  country  en- 
«|aired  of  hy  gentlemen  thc-ir  neigbbonrs,  jn^ 
imkfl  and  in  efieol  dcitroyetl ;  in  regard  none 

I  bt!  iA  illitiff  to  serve  in  the  oflice,  or  dare  to 
lorm  tlie  duly  of  it ;  therefore  1  hope  ymir 
^ibip  and  the  coun  i^ill  take  care  of  llie 

r  and  kia  people ;  that  neither  the  goverii- 
iwantdtie  ftecaritVi  nor  the  people  have 

"|i MS  intrioged^  especially  such 

%u  al  ones  as  these,  -I* 

i  fur  these  reasons  I  conclude,  the  finit 

fal  point  or  question  in  this  case;  that  this 

|d    '  'r  for  theplfiiutiff,  agaioRt  the 

u3  merits  of  ihe  cause  as  tlicy 

;iuacti^  iu  the  matter  and  i»ub«tance  m 

ije  record, 

Ddiv,  then  ai  to  the  plea;  I  come  next  to 

r  that  as  it  is  here  pleaded  ;  and  as  I 

r«j  we  have  a  good  case  of  it  for  the  dc- 

laot«  upon  the  merits  of  the  fact ;  so  1  hooe 

tbave  by  our  plea,  suiEciently  and  lei^lly 

IkflMl,  and  Tindtcated  our  right  to  that  fact : 

truly,   hotter  we  could  not  hare  pleaded, 

I I  can  apprehend  ;  thooeh  these  gentle^ 
I  W0tild  have  bad  us  indeed  pleade<liu  aome 
r  inaiuier, 

1 1  come  to  speak  to  the  main  matter  o£ 
ill  endearoar  10  answer  Mr.  Ward's  oh* 
I  that  he  has  been  pleased  to  make  to  our 
Inil, 

1.  First,  aayshe,  as  to  this  matler  of 

tbe  defendant  hath  not  set  forth  the 

[ibil  he  says  were  deUverevI  to  tliem  hy 

k  to  eni^aire  of,    To  thai  I  answer* 

|iti    With  submission,  it  is  not  neeessaarj 

us  to  do  so.  And  for  the  case  h  no  more  than 

It  ts  the  oath  of  a  grand  jury-man,  *  you 

ddij^rotly  eoauir*5  aij<l  irae  presentment 

oi  all  such  tninf^'s  as  shall  tie  p:iren  you 

tiarge^*  hc>  hut  I  think  it  is  f;ddom  known 

\  all  tl)e  articles  of  wlticli  the  court  hath 

nri't  or  th«*  jury  power  and  autliortty  to 

It  uj»on»  are  given  in  charge ; 

<('  judge  gives   those  in  his 

thui  ari'  Ate  most  material, 

|[ihecase  cotnt*^  to  tlii^i  here  is  perhapa 

I        i«,..  .,i.«»|^^  i,„t  that  1%  a 

|ci  1   hath  coDOsrance, 

^uirahle  of  by  tlie 

'  do  enquire  upon  it^  and  prtsetit : 

rihts  ?    Ve«»  sure*  and  it  is  done 

ouahly  rvery  day  ;  if  it  bean  ar- 

lie  judges  power  and  rommiaaion 

Brand  dctmnine,  thry  ought  to  do  it  by 

r oaths,  and  it  inn  k  nu  sattpfHction  to  the 

Of  integrity  of  a  grand  juryman^ 

iwse  the  judge  omitte<J  to    give  that 

in  charge,  he  should  neglect  tlie  trust 

1  It  ie  a  aad  privilege  to  he  accused  and  im- 
1  wjibout  being  heard ,  or  possibility  of 
»4>rr<perition»,*'  MH, 
^  Ueekeiy."  Bid,   ^ 


l€^^-^for  Scandehm  IWagtmim/K  £J 

reposed  io  him  to  present  mischief  and  da 
to  bbking  and  country «  It  ia  juetifiabk  cer^l 
tainly  to  present  in  sacli  a  case,  aiid  therctorti] 
the  i>articubr  attioles  need  Dot  be  set  ior tb,  I 
if  thfiy  were,  perbapa  the  lbui|r  pfeaeoted  i 
not  one  of   ihem,  and    yH  tne 
might  be  If'gal. 

Oij,  Sod.  Next,  it  batb  been  aaid,  the  d^^ 
fendaot  hath  in  his  plea,  alledg^  that 
warn  proof)  concerning  the  pbdntifi",  and 
the  presentment  was  made,  *  sectiiiduai  eri£ 
^  dantiam  ac  testimomum  eis  ibidem  exibiL*  d^ 
*■  prcsiato  comite/  but  he  balfi  not  particulsrlWl 
set  fortl},  what  that  evidence  was  as  he  ough^ 
to  do,  they  say  ;  and  Mr.  Ward  quoted  my  [ 
Vaughaa's  opinion  in  BusholPs  case. 

Am.  But  I  hope  there  is  no  great  matter  ill  I 
that  ohjeclion^  nor  in  tliat  authority,  for  ml 
Busbeirs  case  that  was  a  return  made  from  m\ 
court  of  justicei  and  that  was  of  an  act  of  that  ] 
court  to  a  superior  court*  The  court  of  stfa#  I 
aioui}  in  the  Old  Bailey,  did  fine  Bu^heli  imd  j 
other  jurymeJifor  fiuding  a  verdict  contrary] 
to  evidence  and  against  the  direetioo  of  tligi 
court,  but  did  not  return  what  the  evidence  wip.1 
thai  the  court  might  judge  of  the  cauae  nFl 
commitment  Is  the  cose  the  same  herelj 
We  say  and  stand  upon  it,  that  we  i 
our  oaths  to  present,  we  did  it  aoconlifigf  t^l 
the  evidence  ;  and  that  evidence  we  by  the  es^l 
preas  letter  of  our  oath  ought  not  todisoo?  er,  for  ] 
we  are  bound  to  keep  secret  the  king's  coni^^l 
nnd  our  own,  and  our  fellows/  and  would  jom] 
have  had  us  break  our  oath  upon  record  ao4 
shewn  openly  the  evidence,  which  is  our  oouii»  I 
sal,  which  we  ou;(ht  not  to  do?  That  therefore^] 
can  lie  no  ohjecticin  in  this  case  ;  but  the  pic^  J 
will  be  well  enough,  though  we  have  not  saii  ] 
ivhat  the  evidence  in  particular  waa.  Ttt^J 
jury  theuiselves  are  judgei  of  the  efidence  i  j 
ana  take  the  preaenlojent  or  iadictment  la  lie  I 
well  grounded  upon  their  oaths ;  then  saith  Mn.  ] 
Ward,  ^ 

Obj,  3,  fit  the  next  place  the  traverae  'm  ] 
naught,  for  here  are  several  matters cootaiaed  ia 
the  declaration  ;  and  though  one  sbnuld  tail,  tb#  ] 
other  or  some  one  of  them  would  support  the  ac« 
tioo,  and  yon  have  answered  says  be  to  thai 
presentment,  but  not  to  the  coaspinicy.    Td 
this  I  answer. 

Ant,   The  meeting  together,  that  is   tbf^. 
conspiracy,  *  I  suppose ;  lor  they  could  noi  j 
cen^inire  together  unless  they  met  togeihorf 
the  drawing  an  the  present  mem  thai  is  llt#J 
writings  and  tno  m axing  of  it  to  the  court.*] 
that  I  take  to  l»e  the  puhlicatiou  :  but  now  w%  1 
ae  I  conoeivtf>  by  thi»i  plea  do  cvulevi  and  avoht 
it^for  \\o  say  we  did  upon  our  impiuiclJiiig  la^  ' 
onr  lieiuk  togetht-r  and  so  we  met  alKiul  it,  aa4  i 
that  aniewfTs  the  couwpiniry  :  indeott  if  ir  did  ap«  - 
pear  we  had  met  and  done  this,  after  the*  cimm4^^ 
ntid  discharged  usi  from  the  duty  of  grand  jiM 
rytneu,  all  this  hsd  inaiutaioed  tlie  cbarge^fl 

*  **  There  may  be  another  kiadof  mtbdoot  < 
eeospirtcv  prave<l  upon  trial,  and  tberelbve  if  * 
opf  hi  to  bare  bt«a  ptead«l  unto.''     M6. 


1575]  STATE  TRIALS,  36  Chaklbs  IL 

m  oonspiracy.  But  being  met  to^ifetber  apon  a 
Iftwial  summoDS,  and  impanelled,  sworn  and  dis- 
chamd  [tfx,  charged]  as  a  grand  jury,  and  so 
makmg  this  presentment,  we  have  purged  that 
meeting*  which  otherwise  wuukl  na?e  been  a 
conspiracy,  and  justified  it  as  legal. 

Obj,  4.  But,  says  Mr.  Ward,  the  traverse  is 
naught  for  another  reason,  you  have  not  tra- 
Tersed  the  whole  and  every  part,  as  you  should 
have  done,  and  said,  <  non  culpabilis  depreemis- 
'  sis  nee  aliqua  inde  parcella.' 

Ant.  But  1  hope,  that  is  not  so,  for  T  desire 
to  know  of  Mr.  Ward,  did  ever  any  body  in 
pleading  not  guilty,  say  *  de  prsemissis  nee  de 

*  aliqaa  inde  parcella  ?'  I  never  saw  any  such 
plea,  it  is  always  taken  for  granted  that  upon  an 
action  brought  for  divers  things,  in  a  chain, 
which  each  of  them  are  act&oni3>le^  *  if  a  man 
pl«ul  not  guilty  <de  prsmissis,'  it  is  of  the  whole 
and  of  every  part,  and  if  upon  issue  joined  be 
be  found  guilty  of  part,  that  b  enot^^hlor  the 
plaintiff  to  mamtain  his  action.  • 

But  pray  what  is  it  that  is  the  main  matter 
upon  which  this  action  is  broui^lit  ?  (t  is  tlie 
preaentmcnt  which  contains  this  matter  that  the 
plaintiff  [alleges]  to  be  a  scandal  to  him  ;  tor  1 
must  crave  leave  to  differ  from  Mr.  Ward  in 
dial  matter  and  take  the  law  to  be  otherwise. 
If  these  gentlemen  had  met  together  to  consult 
and  contrive  such  a  presentment,  but  bad  not 
ynade  it  or  framed  it,  I  conceive  the  action  doth 
/lot  lie:  for  I  take  the  law  to  be  plain,  no  con- 
epiracy  doth  lie,  without  some  act  doth  follow. 
Indeed  an  information  would  lie  as^ainst  tliem 
at  the  suit  of  the  king,  if  so  conspiring,  as  an 
offence,  if  they  had  not  sufBcient  authority  to 
justify  them  in  it :  but  an  action  u|)on  the  case 
would  not  lie  for  the  party,  lor  it  is  the  pub- 
lishing which  is  the  defaming  upon  which  I 
must  ground  my  action. 

So  it  being  a  coniplicati'd  action,  thnuirh  it  be 
made  up  of  many  particulars,  vet  uiie  liatii  ile- 

Ecndance  so  much  upon  another,  tliat  ull  make 
utone  cause  ot'action  together ;  and  then,  with 
submission  I  take  it  we  have  as  well  ausHcred 
the  whole  as  can  be. 

Obj,  5.  But  then,  it  is  further  cbjecteil  that 
we  do  not  conclude  our  plea,   *  pruiit  patet  per 

•  recordum.' 

Ans.  Truly  if  \^c  had,  [we  had]  done  ill,  and 
put  ourselves  upon  an  issue  wliicti  we  could  not 
well  have  maintained,  and  yet  our  fact  ne\  rr- 
thelessjuFtifiible  ;  tor  this  preaentment  is  nut 
m  record,  neither  is  it  necessary  it  should  be  so. 

Suppose  a  man  were  for  his  ju(»titicution  to 
plead  an  atfidavit  in  court  in  an  actioi:  tor  words 
for  saying  he  [the  plaiiitiffj  was  per{iire<l.  inusi 
be  alledge,  *  prout  paU't  per  recordum,'  is  that 
a  record?  and  yet  it  is  u  ^ood  justiiici.iou. 

Can  a  grand  jury  make  no  prcMiutuicut 
but  upon  record  ?  The  piaciicc  and  the  law  i% 
certamly otherwise :  they  doit  eery  day  in 
paper,  in  English,  and  not  u|>on  rcconl.  vVliat 
then  is  this  preseutnienti:'  y- u  will  say,  it  ma} 
be,  it  is  a  warrant  to  make  a  reconi  jy,  if'tiie 
clerk  of  the  assize,  or  cierk  of  the  itcace  will 
\axm  it  into  Latin,  and  form  an  indictment  by. 


l684.-«£.  o/Mdcckifiddw.  Siarkeg,  [m 

I  and  when  it  is  formed  intu  an  indKlmeni  itai 
record;  and  then  it  not  being  a  record,  sam 
the  party  bring  his  action  before  thecMea 
put  it  into  the  form  of  a  record,  shall  Ik  m 
justify  by  it  without  alledging  it  to  be  apos 
record  when  there  is  no  such  rroord? 

But    my  lord,  this  is   that  which  1  nr 

for  a  plaiu  and  full  answer  to  this  obwcMi'; 

!  though  it  be  not  upon  record,  yet  I  rely  spi 

\  it  lor  kw,  they  may  by  their  offiec,  asd  hy 

Uieir    oaths    are    bound    to    prrsvnt  te  ik 

liurcb  [qu.  court]  such  matters  as  tbcym 

in  their  own  comciencea  and  judgments  as- 

vinced  are  for  the  security  of  the  peace  of  ik 

country*  though  it  be  not  Ibrmally  upon  r- 

cord,  a[iid  then  it  needs  not  be  alledged  '  piM 

*  patet  per  recordum.' 

Obj.  6,  But,  says  Mr.  Ward,  you  bare  sH 
answered  our  whole  dcelaratiuD,  tor  part  rf  it 
may  be  true  and  out  of  Chester,  and  so  ant  jai- 
tifiaUeby  this  plea,  that  reacbetb  ouly  to  wbtt 
was  done  in  Chester,  for  it  may  be  the  awip* 
racy  was  in  Berkshire.    To  this  I  answv, 

Am,  Besides  what  I  have  aud  aboot  Ibt 
point  of  law  tliat  the  conspuracy  akme  aoiU 
not  bear  an  action,  I  say  that  their  meeCio^  n- 
gether  upon  such  an  occasiuu  is  tbe  ods- 
spiracyt  t  ^^  ^^^  ^c  have  solely  csa(iaBdi9 
Chester,  for  there  we  say  we  were  impH^ 
swoni  and  charged* 

Again,  we  have  given  them  as  full  a  trafctve 
as  can  be  absque  hoc,  that  the  defradml  b 
guilty  <  dc  premissis  in  com'  Berks,'  ur  ote- 
where  out  of  the  county  of  Chester,  sod  so  «t 
avoid  all  places  in  the  worhl,  but  ouly  Cboter 
'  vel  aliter,  vcl  alio  modo,'  than  as  we  bireil* 
lo<l»ed  by  the  plea  ;  so  that  1  know  out  ho* 
tjjere  could  have  been  made  u  plea  murveuiu- 
prehensive  <»f  the  matter  chari^l  in  tbe  fiec!a* 
tion.  It'  Mr.  Ward  wouhl  liave  tukl  us  hi* 
to  do  it,  we  would  have  taken  notice  ofiiati 
precedent  for  another  time;  but  I  laoR  Boi 
I  1  must  confess  how  to  mend  it:  as  it  now  strati 

1  take  it  to  be  as  full  as  can  lie. 
I      Oij.  7.  lie  next  objects  that  we  do  DOtitf 
I  or  aver  in  all  our  plea,  that  the  presentueot  ii 
I  the  plea,  and  the  libel!  in  the  Dcclaratiuo  in 
I  the  same. 

Jns.  Surely,  my  lord,  we  do  suffiriciitly 
niake  it  appear  to  be  the  siime;  for  we  ss\.lbs 
is  all  we  di.i;  and  that  we  are  not  iruihy  oiaf 
of  their  cliarge  in  Berksliii-e,  or  out  orc'bt^ii^ 
or  any  otherwise  than  as  we  ha^e  alJtti^'e'li 
then  it  mu?>t  be  the  same,  if  it  be  all  weiini.if 
they  do  not  like  what  we  have  said  in  uiir  bar, 
or  II  ihey  do  not  think  what  is  there allMlirt^l » 
be  truL-«  iet  them  if  they  can  tjke  issue  ujks 
our  traverse,  and  prove  us  -ruilu  m  u"\  «f.h«r 
plate  but  in  (.-heshiie,  whitluv  w..-  i'V  ojf 
pifa  hi.e  broiiMlii  and  coutiiu-d  it:  iI  ihei^* 

*  *'  l>ut  aiwavs  with  this  pr..%:so  that  il't-v 
injure  no  persons  nor  go  out  oi  the  legal  tnMJse 
oljuslice."     MS. 

f  *'  That  is  giatis  dictum  only  :  There  na? 
be  another  sort  of  conspiracy  and  ai^iveiiNil 
proved."    MSS. 


F]  STATE  TRIALS,  56  Charles  IL 

I  not  let  llitm  i]o  that,  J  cannot  help  it.   If 
itf  ^re  think*  I  hope  we  have 
<1  wiiui  they  «ay  against  us. 
'&^.  U4  Ai»  U  iUe  initt  matter  that  they  «av, 
|l  It  amounts  to  the  i^eneral  isi^ue  ;  and  the 
^um€nt  ihey  jj^mimd  thereupoo : 
fni.  Truh%  1  will  not  much  contend  with 
Bb<»tit  it :  J  do  think  aJl  this  mutter  mij^ht 
rn  giveo  in  etidencp -upon  not  Csuilty 
;  and  yet  I  thiuk  »t  the  sjftinc  Uum  that 
iot  any  cause  fd*  Demurrer,    But  not  to  eu* 
ripon  thni  point  I  would  only  urge  two 
ig^t,  ihrii  A  man  is  allowahl**  to  ple»d  spe- 
ll j  rrheic  he  may  plead  the  (general  issue 
1  give  the  special  mutter  in  yvitlence,  iti  two 

when  a  defendant  by  bis  plea  dotb 
ttnn  colour  of  action  to  be  In  the  fdain- 
It  she  wet  b  soine  special  matter  of  fact  to 
it, 

idlyj  w!>ere  a  man  pleads  matter  of  law 
admits  the  fact  but  is  nut  proper  for  a 
r  :'      '  jch  rul(*5  dit  ti raided  in 

pb^  se,  andso  ly  »hcin, 

ftn  41H'  iifit,  when  tin-  ti.  )viiij-int  by  hi» 
fkitb  admit  some  calour  of  action  to  lie  in 
I pl^ti, lirf  1.1*1  sheweth  sume  speciul  matter 
W€i  li,  tliere  he  need  not  jdcad  the 

,       j  ii  may  plead  specially,  not  to 

Ibe  tvbole  matter  at  large  before  tW  i\hole 
rl  iind  a  jury. 

in  the  tenth  Report,  lb.  88,  Dr.  I^ev- 

*ti  Catc :  Action  of  tresjiass  is  brought  by 

'  ifamt  B*     B,  pleads  that  queen  Elizabeth 

of  the  Rectory  of  Clee^e,  and  de- 

to  C.  for  lite,  hut*  setts  not  forth  the 

Putents,  who  demised  to  D.  for  vcars, 

Fo  lort^f  and  B.  as  nervant  to  1>.  did 

»;    what  is  this  to  the  purpose  ?    It 

iea  for  that  reason,  ibr  not  seitiug* 

t!i«  letters  Patrnts.     But  if  he  catnea 

uys   C,  seized  in  Fee  made  a  lease  to 

^for  hit!  «nd  afur  to  A-  Tor  liic,  nod  B,  made 

a«e  for  years  to  D.  detcriuiimide  upon  his 

B,dyes,  A-  enttrs,  D.  brimxs  trespass;  and 

allow H  a  good  tttle  and  cati^e  of  action   in 

If  it  were  nut  for  this  sufficient  matter :   In 

sh  p  case  the  plea  is  j^ood,  it  is  not  indeed  a 

title  Qgninst  A.  because  I  sbtv?  that  the 

of  B.  on  whose  title  D.'s  title  doth  de- 

ts    ii         ined,  and  my  rig;bt  and  title 

h  I  iiy  lord,  in  tbis  case  be  might 

rivtn  uiv  matter  tu  evidence  upon  the 

I  iusut ;  htU  in  rcijard  he  gives  colour 

's  uctif»n  in  that  case,  it  is.a  good 

denmrrnhle  to,  as  aiDOUDting  to 

issue.* 

This  is  not  very  clearly  stated.    The  c^se 

10  Co.  is  thin; 

^  J4>bn  Lf>vH?*Id,  f>.  D.  brought  an  action  of 
I  in  111"  IJench,  Hill.  8  Jac.  lic- 

it 1 '?  J  M  <>n  ry  1 1  illary ,  for  com 

I  Iway  ul  bid  Clete, 
i.     The  defendunt 
tii»  m:m\  Ukui  i^ij(  r  tj  i!^haGabc:th  wasnei/^l 
-  Rectory  of  Old  Clev«,  io  the  matv 


l584.-^/or  ^candatkm  Mitgnatum* 

* 

That  is  in  flic  case  of  an  express  colour 
given,  now  Jet  us  see  bow  thu  law  stands,  in  the 
case  of  a  colour  implied  ;  as  in  some  cafce»  ih«_ 
books  speak  of  a  colour  implied  us  well  as  c 
prest* 

As  if  a  man  brings  an  action  of  trespass  for" 
tnkin^  away  so  many  shcafes  of  corn,  th©  de* 
fendant  comes  and  justiJlcii;,  and  says  I  was 
parson  or  rector,  and  those  sheaves  were  s«>, 
i»ut  for  tithes,  an<l  i  came  and  took  them  t  hero 
needs  no  format  colour  be  Cji* en,  but  a  very 
f^ooil  colour  of  action  is  implied  \  tor  be  admits 
tlic  sheaves  gf  corn  were  the  pIuintifT's  anil  in 
his  posBe<;sion,  but  now  hn  sets  forth  a  right 
in  the  diJVndnot  to  have  tlicnv  and  take  ihcm. 
The  plnintilf  had  a  riifht  i\£fainst»  flU  the  world 
but  him,  and  nguiust  him  tooil  he  bad  not  such 
a  ri^ht  sjR^ciaMy  set  forth.  * 

And  DO  question  but  this  Naction  woulil  li^ 
here  in  our  case,  against  all  mankind  but  tho 
jury,  and  ag-&tnst  us  too,  if  we  bad  not  been  of 
a  jury,  but  here  we  bate  avoided  the  action  by 
such  special  matter.  It  is  in  truth  a  gteat 
scandal  in  itself,  but  being*  done  in  this  manner 
by  jii^nllemen  that  were  of  a  grand  jury,  tl 
shalt  nut  impeach  us. 


county,  in  her  demasnc,  as  of  fee,  as  in  right 
of  thn  ciown  of  Eneland,  and  by  her  Letters 
Patent  ^0  J  unit  135  ot  her  reign  (without  say* 
ing,  here  shewed  forth)  demise*!  the  said  rec- 
tory to  Co  oand  Pro wse,  for  his  life;  who  16 
January-anno  3  Jac.  Regis  demised  the  said 
rectory  to  tieur^i^e  Pincoinb  for  eight  years,  if 
the  sanl  Conand  *  lam  diu  virerit^  and  that  tho 
defendant  as  servant  to  the  said  George,  took 
the  corn  and  hay  as  tithes  severed  from  tfaa  ' 
nine  parts ;  and  averred  the  liter  of  the  said  Co- 
nand, npctti  which  the  plaintifT  demurred  in 
law,  and  shewed  the  cause  of  his  Demurrer, 
becauj^a  the  defendant's  pica  amounted  to  the 
general  issue ;  and  it  \fas  (iel»iif!.r,-a  hi  th« 
King's  Bench,  that  the  bar  <  icot, 

because  the  defendant  in  his  pi  >  >»hew 

to  the  court  the  Letters  Patent  ol  queeii  Eti/Ji*i 
beth  made  to  Conand  Prowie,  which  the  couil] 
took  to  be  matter  of  suhstunee,  and  wliich  tb 
defendant  ought   to   ha*e  j»hot*>'d   forth, 
thuu^^h  he  in  ^vhosc  right  he  jubtitiefl,  had  but 
part  of  the  estate.     H  hereupon  u  writ  of  et 
was  brought  in  the   ''     '         .r  cliJimber^  i 
there  ttvo  errors  w^  *iue  wbi':;h  wa 

asaigneii  by  the  plaiiruu  m  liitr  caubo  of  ] 
murrer,  jc  tlrot  the  said  plea  amounted  to 
g^npr.'  '-^""  t.' -»t,vo  ii.    ,\.  ^oniidot  gave 
plai(  '•  no  jodgtB 

ougliL      »    _  ^    ..ttheddTendo 

but  the  court  oi  «  ruled  him  to  an*1 

swer  over  :  ihr  it  for  \^anl  of  fibeiv^l 

ing  the  said  I/elierH  Paient  the  court  uugbli^| 
not  to  have  given  judgn)ent  against  the  dtf«J 
fenilant.  Atler  much  aignment,  it  was  retol 
ed^  thai  iti  (bi4  case  colour  ought  not  to 
given   to  t'  illV  and  u1»o  I  bat  tbc  le 

tor  years «  *v  the  UtUrs  l^atcetiuad 

to  the  les^ei'  i  >t  nic.     {|»a  tb«  judgui«lll  1 
was  afliinned,** 
4T 


r  errorj 


.  babir' 


,,.^|ev'tl»«rtfe* 


IS83]  STATETRIALS»  36  Charles  IK  l6H.'-E.9fMaecie$fiddw.Sttrbf,[m\ 

Though  they  may  make  uoformid  ttidiet- 
mmiU  and  lie  excusetl  io  it;  yet  nothing  is 
nrcn&tBblr^  liit  tvUat  is  an  Citience  ag-dinst  the 
law,  and  what  ilicre  is  u  form  lor, 

Ltt  the  e^onnsel  hrio^  aoy  form  or  precedent 
foriurh  an  indittTJientoui  of  the  Umtr^»  bench, 
or  that  had  the  allowance  of  t^ny  of  ihf  ^reat 
t!0urts  of  judicatare,  aud  [  will  be  coaclude^  hy 
it 

The  oEce  of  a  Gnitid  Jury  is  to  present  fact ; 
they  hare  no  judgment  of  law,  and  therefore  no 

f>owei'  ofo^nsurc;  hut  ought  to  leave  the  facts 
build  by  thera  entire  to  the  judgment  of  the 
eoort. 

If  more  than  this  be  once  allowed  them,  my 
lords,  the  judges  wiU  soon  find  their  authorily 
iindennined  liy  popular  aoJ  factious  Grand  Ju- 
ries ;  and  defame  *  your  inoceedings  with  the 
•aine  liberty. 

With  vvhut  beat  hath  it  been  contended  lie- 
iweentJie]ud(>-('s&ndC]iaud  Jiiryf  whether  they 
ought  to  tind  liU  maukilluigmurthtT.  For  that 
they  are  not  juiltjeiiof  the  law  ujwm  the  Hnnuu- 
stances  of  the  invi^f  ttiai  £ecm  to  extenuate 
the  roankilling^f  and  constitute  the  fact  not 
muither.  The  judges  have  gained  lhi«  clear 
|)oint,  and  it  is  seiUfd  ;  hula  chief  justice  (I 
think)  did  li>'st  peiish  in  the  conflict.  I  hope 
!»y  amplify ii;^  llitir  authority  you  ^ill  give  no 
iporc* occasion  to  rcvi%e  disputes. 

Grand  jaries  wore  never  lakcu  to  be  judges 
of  the  law  :  and  will  vou  allow  ihem  to  bring 
patter  prejudge<l  belore  you,  and  instead  of 
ixplaimog  aud  upening  matter  of  f^cl  for  your 
judgments,  tell  y<'U  *d  matters  that  they  cen- 
murc,  but  in  sjch  a  manner  that  the  truth  of 
them  cannot  be  enquired  into  hy  yourselves  : 
©nd  indeed  tin  y  h^Te  foreclosed  your  enquirj', 
«md  have  prcjudj4cd  them  to  your  bands, 

Tlie  ivisest  judges  have  been  carefull  not  to 
iottrfiose  in  tuntters  of  fact,  becau<;e  they  arc 
dischtkrged  by  the  law  from  that  veKatiou^  pro* 
vince :  rut  if  you  allow  ihcm  to  interpuj>e  of 
matters  of  law,  there  is  an  end  of  your  au- 
thority» 

Neil  her  hath  the  Grand  J  nry  any  conservancy 
of  the  pence,  nor  ran  the  judges  use  the  autho- 
rity of  the  leiveleimncy,  who  are  to  secure  the 


♦  So  in  the  original. 

*J-  As  Vt  the  respective  provinces  of  Judges 
Jind  Jurot-s,  Hee  m  thiii  Collection,  vol.  6,  p. 
10J3,  In  the  case  of  MachcU  v.  sir  Wilham 
Temple,  {2  Shower  883)  whei-e  one  of  the 
<)Uestion8  was  concerning  the  validity  of  a  will. 
The  coijrt  and  counstT  agreed  on  a  K}iecial 
Terdiet,  but  the  jury  being  obstinate  after  twice 
or  thrice  tient  out,  would  fiiid  for  the  plaintiff, 
who  was  heir  at  law,  atthough  there  was  a 
floiihttn  the  law,  saying  they  were  all  of  opi- 
piioQ  it  MAS  no  good  will ;  and  thereupon  the 
j>(»Jl  was  demanded  that  they  might  all  of  tiit?m 
teverally  give  their  verdict,  which  they  alt  ac- 
cordingly did  for  the  plaintiff:  Whereupon  the 
^Teporter  reoanrks,  "  the  first  jury  that  ever 
rtfused  A  special  venlict  OQ  a  point  in  law, 
fhvy  fidl  iucmriDg  the  danger  of  au  at^ut/' 


peace  by  arrny  m^  and  disarnriair,  ift 
caiitkm.  Butjudges,  and  Graad  Juiiiai 
nisleni  aud  itiformeit,  enqiiirt  of 
censore  aolhing,  but  orert  lactf  aod 
against  the  peace. 

No  reason  can  be  drs^ji  frrmiw 
peace  by  a  yereon  tiir 
applying  himsslf  to  ii 
stating  the  reasons  of  1 
the  person  is  require*! 
does  not  entitle  the  Or 
a  lord  levetenaut,  nor  tl 
ajustice  of  peace.  I  pray  kJ  uic  bjKji 
in  this  point. 

Mr.  Holt  himself  batJi  no 
'  tify  these  proceedings  of  n 
stroying  the  f     '  -'  ' 

and   hy  the 
couler  tor  Ih^  ,. 
other  ways  of  pi' 
I  of  Oyer  1*0 d  Ter 
by  tiidictmeut  or  i 

He  forgot  Htui 

It  is  our  security  Uiat  iw 
peached  or  accused,  or  Iiim 
i  in  questign,  but  hy  tlie  •■ 
order  to  he  trieff  for 
chari^ed  in  such  i 
he  able  io  make  l,. 
tnifisioa  of  Oyer  and 
to  eiKjuire  ujion  the  out 
men,  and  bv  'iny  oth* 
truth  of  the  f;ict  ms^  ^ 

them  uo  aulbority  to  id.oi,^ ^  -xw  \ 

the  fundatnentnU  laws  of  cbarc««l*^^ 

tiDctly,  so  as  ihry  may  !-<•  st.-^' 

fended.     Nor  givea  il 

thing  they  plei»se  an  i'^  i 

offence,  hut  as  the  law  directs.  ^ 

Nothing  is  more  sacred  thaift  ***,^, 
of  power,  and  nothing  more  ^'J^ 
our  government,  than  to  al»oli»b    '"J?^-^ 
not  be  done  but  by  fuppres&tn^ 
and  otficers,  and  creating  new,  ^3 
same  atlowing  them  to  act  as  ib^  J.f 
iore  officii/   And  therefore  this  **^"lL^ i 
plaincs  of  an  undue  extent  of  j^-  ^^"^aj 
lice  to  hurt  and  oppression  dci^*''*  ^ 
gard.  ^j 

Justices  of  tho  poftce  ha*ep»'^*'*''  -  " 
reoogntzaitce  to  the  peace,  and 
of  Oyer  and  Terminer  have  \k^ 
bat  we  know  also  that  tbt«  i^ 
brought  into  ruW,  and  determ'me<*<^'^ 
reijmre  it.  But  this  is  upon  cutu/^^fl** 
aons  ohDoxiuus  to  daiiigcr,  and  pni»^«Kflf  ■ 
feares  reasonable.  It  is  not  to  li(?  ^9»*  ^  I 
panic  iears,  groundless  apprtiicow*^  ■  I 
persons  that  are  not  coneemeU  ialiM:^'^*'   | 

But  a  grand  jui  ,  i  Ihc  ^ 

and  it  dotli  not  Iv  -m,  aoc  ibj  < 

of  judicature  out  <fi   xuk-  t-«)ur«e  d'  \t»t 
vide  i'or  i!ie  neaoe*     Extmoidi&tfy  c 
to  be  provided  against  by  the  j 

•  Hee  their  Casa  in  this  C^ilWition. 
p.  2S3. 


ntb*^ 


l^i 


■Ba]  STA 


]  STATE  TRIAI-S,  aGCiiAELES  U.  l684.--/br  Scmdahm  Magnaium.   [1386 


Ibc  coiinu>  ol'taw  must  (irocfecd*  Shall  a  Gmnd  i 
V        :>r  (iivtenee  of  such 
i  I  ok  could  think  tit 
riiriii   uiai  upjiMULiiijij^  that  call  them* 
'  cuiinty^  ti  tt)ivsL  iitcougrucras aiul  un^ 
SfMiineiH^  of  a  dozen  or  tVfO  of  men 
pd  tot;<iiiiher  by  chance  by  the  under* 
I  rolniiitcr  to  the  court  iii  finding  indict* 
uC   courfp^,)  take  uj^on  them  to  inno- 
e  |j|^f,  and  at  their  discretion  tind  uew 
ttts  for  lUc  i>eace.     The  law  will  be  by 
_  eari»  tjuite  perverted,  and  we  fall  under 
Sift,  huiiM»urd  and  capriceSf  and  malice  of 

)  >re  watTantable  for  a  Grand  Jury  to 

J  fjucced  his  authority,  by  pret^nd- 

rviccM  to  the  government,   than  it  is  for 

liun  iivio  iinniJ  not  authorized  ihereto, 

nd  public  dung^r* 

"t»  repres^nteti  by  Sir,  Holt  to  your  loi-d- 

,  as  a  very  Mnaft  thiiig»that  1  am  rec|uired 

Ind  murctiei*  for  the  pt* aee. 

ceniiireil  by  tlnfe  presentment  untried, 

nudjfiMJ  by  llijs<jr»nd  Jury  and  fjued  my 

lAnd  loyalty,  my  prince's  favour,  my 

ty,  and  doomecl  ever  unfit  to  be  trusted 

hi'i  tiiiije.sly  in  any  office  in  the  govern- 

li!»  in  any  cmnmi-^sion  even  of  the  jipacc. 

151  tit  that  prccodents  should  be  searched 

found  ont  to  warnini   your  lordships  to 

^utl|jr(4|2)y{|^'IJQD  *  u'hich  ^eeks  remedy  and 

lion  u^^uinst  MJch   iosutfcrahle    injury, 

cd  upon  me  without  any   reuson  of  the 

ut  shcu  n  either  jd  his  presentment,  or 

ieuci&  of  the  action,  for  justifying^  this 

id  o^iprefision. 

hl*esc  men  were  under  an  oath  at  tliis 

fa  Grand  Jury  man  «aiid  under  the  execu* 

liat  oificc,  will  not  draw  any  matter  that 

_  i  not  to  th;it  otiice  and  mmislry  under 

||r  cKith,  or  ju%tity  them  in  whatever  they 

dl  do,  savt  or  urite,  that  is  foreign  to  that 

Jf  they  have  no  uulhorily  to  do  what 

have  done,  their  |dea  that  they  did  it  as 

lury  men  inhiinccth  their  wrong:,  while 

|k  to  entitle  it  to  ajiidimi  pri>cee«hug'» 

\h  V  itU  hull  by  your  lord- 

ttaee. 

'\  by  Ulr.  Hnlt  to  prove 

t  a  Grand  Jury  for  their 

U)C  prtijentrueot«  were  of 

n  criminal,  clearly   within  their  charf^ 

idi  IB  mi  senacibla  that  this  ivay  uf  pro- 
ja*  by  ^beGruod  Jury»  that 

he  juslificfi  their  pro*  ei'dinj|j.  in  luaking 
i  hbcU.     I  f  p  r^iiy »<  it  is  inr  my  corretliun,  *  ut 
lus  ud  umut'*  perveuiat/ 
)  *»bit'h    I  come  to  your 
tlutasu  >  ;iii- 

I  forthesui  ii»o, 

traail  iury  I 
01,  ft  p<. 
itch  no  man  w  .^  *  »..l,..  «,  ,^-*.^...i.,j 
'  lawe»,  aif  to  allow  thctn. 


^o  in  JIIS. 


The  biodingp  to  the  peace  is  sometime  tht 
censureii  of  the  court,  upon  repeated  o0eDce»» 
committed^  presented,  and  tried.  But  a  Grand 
Juryes  presentment  of  facts  untryed,  are  not^oiw, 
y  ictive,  aud  they  hnve  no  power  to  censure,  or 
[iromote  a  censure.  This  is  the  business  of  the 
court. 

Matidous  busy  budyes^  that  arc  hnrtlul  by  a 
pretended  officionsness,  liave  been  always  held] 
ctiasttseable  as  wrong  doers. 

Grand  Juryes  are  to  enquire  of  traytors,  anj 
treasons,  biitthis  with  great  prudence,  and  rea« 
sonable  enquiries,  and  conclude  upon  probabl( 
inducements.  Bot  not  to  dishonour  the  go- 
vernment by  tiporting^  with  men's  honors,  and 
liberties,  and  make  a  ^ame  km\  jest  of  judiciail 
proceed  in  jSfs.  They  had  bettiT  ^ive  their  ver* 
diets  by  tlie  chance  of  a  die,  which  hath  * 
censured,  and  fined. 

This  presentment  condemns  itself  and  ap 
pears  to  oeabsunl  aud  unreasonable,  and  there* 
tore  malicious,  and  false,  and  couseijuentlf 
actionable. 

Ill  is  may  be  the  firet  action  of  tliis  kind 
(aa  Mr,  Holt  says),  and  this  is  the  first  libell  of 
this  kind  called  a  presentment. 

I  allow  a  Grand  Jury,  and  no  other  officer  can 
be  impeached  in  the  honest  discharge  of  his  of* 
fice,  with  the  best  prudence  they  have,  though 
not  always  in  the  best  manner,  totheykeefi 
themselves  within  the  verge  of  their  ot^ce.  B> 
it  is  Um  slipht  a  colour  to  impose  ii|>on  yoor 
lordships,  that  therefore  they  are  not  to  lie  an* 
swerable  for  their  extravagant  and  factions  ex^ 
cesses.  Where  they  use  the  authority  of  ibcif 
office,  maliciously,  apparently,  and  thatof  thetrj 
own  shewing,  the  presentment  itaelf  makegj 
and  declares  their  fault, 

tf  a  Grand  Jury  will  alledge  reasons  for  n< 
Ending  a  bill,  and  say  though  the  proof  thej' 
think  probable,  yet  tney  have  a  good  opinl 
of  the  man,  and  think  Uini  iunoceiit,  such 
behaviour  is  (incable. 

If  therefore  they  wiU  present  a  man,  and] 
say  he  hath  beeu  seen  in  such  company, 
done  an  act  which  the  law  doth  not  ceusur^j 
biit  they  will  take  upon  tbera  to  blame,  andi 
condemn,  ui  action  »«hnU  be  nllowed  to  lie 
the  case.  For  it  is  against  their  oath  and  of- 
fice, and  directly  against  their  duty,  who  are  to 
present  no  man  for  hatred  or  ill  will,  nor  spare 
any  man  for  favour  or  affection.  When  these 
do  not  appear  they  are  presumed  innocent ;  hut 
all  presumptions  duly  made  tn  favour  of  offi 
cers  vanisli  upon  clear  evidence  of  malice. 

And  if  no  rt^an  uiH  serve  in  any  office, 
crpt  he  be  indemnified  for  all  the  disorder 
oppression  he  shall  commit  in  that  office,  it  f| 
much  Ijetter  to  wmoI  thctu  ;  for  no  malice  is 
mischievouKf  tis  that  which  is  authorized. 

M  to  thtit  which  3f  r.  liolt  says.  That  the 
'      lint  being  a  Graml  jury -roan  could  makoDCt 
«  :uid  uiorc  (Mirtirular  a  justification  then 
..V  i.,ilh  ilrr      *'v    .1    *  !.->   ;-  t.^cLr  ,.»   nr^thof 
sect^^cy,  >  -jur)'- 

mau'sotiili, ^--'  :,.... ^t-_i.^:ns,  &c. 

Thii  ooth  doth  not  obltdge  ttieni  to  supprew 


ex-JH 

1 


I387J  STATE  TRIALS,  96  Charles  II.  l6B^^E.<^ Mgceb^Uv.  Sim*^.  [1SB8 

and  as- 


tlieir  presentmentiy  nor  to  proMcnte, 
si8ttb«m. 

In  this  action  the  Plaintiff  hath  pimroked 
tbam  to  make  ffood  tlieir  presentment^  which 
they  ooght  to  do,  if  they  can,  in  his  mi(|esty'a 
•drriee. 

That  clause  of  their  oath  can  be  only  under- 
stood to  this  purpose,  That  they  should  not 
give  notice  to  a  prosecuted  criminal  of  his  ae* 
citsation  for  the  makinff  of  his  escape.  For  all 
the  witnesses  to-  an  indictment  their  names  are 
ingrossed  with  the  indictment,  and  they  are 
sworn  in  court.  And  it  is  now  in  practice  to 
examine  the  witnesses  publickly  to  an  indict- 
ment.* 

Mr.  Holtusetha  multitude  of  words,  but 
comes  not  to  the  merits  of  the  cause,  but  touches 
it  as  an  ass  mumbles  thistles. 


SIR  WM.  WILLIAMS'S  ARGUMENT. 

£Tha  MS.  of  this  article  is  in  the  hand- writing 
of  Sir  William  Williams ;  as  is  also  the 
following  indorsement  upon  it :  '*  My  Ar- 
"gumcnt  in  the  court  of  Exchequer, 
•*  Hill.  36  et  37  Car.  2.  for  Charies  earl  of 
**  Macclesfield,  *  tam  pro  Domino  Rege 
"  quam  pro  seipso'  plaintiff,  against 
**John  Starkey,  esq.  I>efendant.  Cur. 
«« advis." 

Of  the  many  passages  in  the  maigin  of  the  ori- 
ginal MS.  some  which  are  merely  abstracts 
of  the  matter  in  the  text  are  here  omitted, 
and  some  are  here  inserted  as  notes  with 
the  designation  of"  MS."] 

TuE  General  Question. 

Whether  there  be  a  good  cause  of  action  for 
the  Plaintiff  against  the  Dei'endant  upon  this 
Record? 

That  there  is  a  good  cause  of  action  set  forth 
for  the  Plaintiff  in  his  Declaration  I  buppose 
cannot  be  denyed  ;  for  I  do  not  observe  it  con- 
tradicted by  Mr.  Holt,  that  argued  for  the  De- 
fendant, and  I  suppose  this  will  not  be  insisted 
upon. 

The  Special  Question  in  this  case  I  take 
lobe: 

Whether  the  Defendant  by  his  Plea  hath 
sufficiently  answered  the  Plaintiff 's  cause  of 
action  set  forth  in  his  Declaration  ? 

i  conceive  he  hath  not. 

In  my  way  to  the  aigument  of  this  question, 
I  shall  observe  the  parts  uf  the  Phiintiff's  De- 
claration, and  the  parts  of  the  Defendant's  Plea ; 
and  by  comparing  them  endeavour  to  satisfy 
the  court,  thai  the  Plea  doth  not  answer  all  the 
parts  of  til e  Declaration. 

The  Declaration  consists  of  three  parts. 

1.  It  sets  forth  a  false  hbellous  writing,  al- 


*  As  to  this,  see  Lord  Shaftesbury's  Casey  ?oL 
7,  p.  105,  of  this  CoUectioo. 


ledsjng  it  to  be  devised,  framed,  writfcn  and 
published  by  the  Defendant  with  othtnsaniMi 
ihe  Plabtiff  ialsdy,  maliciously,  by  con^incj 
without  any  lawful  or  reasonahte  cause,  at 

Wantage  in  Com.  Berks  17  Sept.  1683 

To  have  the  Plaintiff,  bein^  a  peer  of  the 
realm  and  a  gentleman  of  bis  majest^^s  hd 
chamber,  rejputed  and  taken  for  a  penon  dis- 
"'^   '  ' '    '  3  andadistwtoof 


afieded  to  the  i 

the  peace ;  and  to  expose  him  to  liis  nngerty's 

displeasure  and  distrust. 

S.  Itsetflibrththe  designeoftfaislibsllkBB 
framed  and  published. 

3.  It  avers  the  Phdntiff  never  was  <§- 
affected  to  the  government  nor  n  distuiber  sf 
the  peace :  nor  gulty  of  any  of  tfae  msHoi 
contained  in  the  libeU  chaiged  against  hisD. 

4.  Itsets  forth  the  ill  effects  of  tUs  IM 
upon  the  Plaintiff  that  the  Plaintiff  hath  kstlhs 
grace  and  gooddpniion  of  his  majesty:  Anddi* 
rers  false  rumoon  and  scandaM  are  tho^ 
stirred  and  spread  among  the  noUos  and  stkv 
his  majesty's  sufcyeds  of  the  Plaintiff, 

I  shall  have  occasion  in  my  Aiynmsst  to 
make  many  observations  apoo  this  libsllsBi 
writing,  and  shall  then  state  the  paiU  of  iL 
The  Defendant's  Plea  consuls  of  two  psrtL 
1.  The  Defendant's  being  with  othcnsTi 
grand  inquest  <  ad  seasionem  Cestr* ;'  and  that 
presenting  <  ad  eaodem  aessionem'  in  tbeEsf- 
Jish  words  in  the  Dedaratioomentisiied,  whin 


is  their  justification. 

S.  Theh-  traversepoyned  to  tliis  jnstiieste 
This  Plea  is  insufficient  and  dcmdvein  Ifcn 

part  of  it,  which  is  the  Defendant'sjnstificate, 

and  also  in  its  other  part  which  b  histnvcne. 
The  justification  is  insufficient  and  deftdite 

in  these  two  things. 

1.  It  doth  not  appear  by  the  plea  that^ 
Sessio  Cestr'*  mentioned  in  the  plea  was  • 
court  that  had  jurisdiction  of  the  matters  ssr- 
mised  to  be  presented  by  thb  inquest 

2.  The  matters  mentioned  to  be  preseotodia 
the  manner  set  forth  in  this  plea  are  not  a  ne* 
sentment,  and  ought  not  to  be  recsivcd  9 
taken  in  law  for  the  presentment  of  a  gnai 
inquest  upon  this  record. 

3.  The  traverse  is  defective  because  it  dodi 
not  take  into  it  all  the  parts  of  the  dedantiaa 
which  are  not  comprised  in  the  justificatioB. 
So  the  plea  leaves  part  of  the  dechtfation  oi- 
justified,  and  untraversed,  and  conseqoaatly 
unanswered. 

It  doth  not  appear  by  this  plea  that  ^ 
Sessio  Cestr',  was  a  courtf  for  all  sessions  an 


*  "  1.  If  this  Sessio  Cestr*  docsnotappcv 
to  this  Court  upon  this  record  to  be  a  cosit 
having  jurisdiction  of  these  matters  idledged  ti 
be  presented  there,  then  the  justification  6ii 
the  defendant :  2.  Though  a  court,  yet  if  tbc 
writing  called  a  presentment  bo  not  n  legal  pv^ 
sentment,  the  justification  fails  ddcndasl." 
MS. 

t  <<  Sessio  pacis.  Session  of  Oyer  and  Tb^ 
miner,  Session  of  Gaol  Ddivery,  Oisaina  if 
Parliament,  Sessio  Pootenua.    The  great  So- 


STATE  TRIALS,  56  Charles  II*  i684.-/or  Scandalum  Magnatum,   [  1390 


Virts  :  it  si^rniBes  a  sitting  or  meeting. 
lurt  was  this  wheiher  aCourt  of  Sessions, 
aod  TertniDer,  Gaol  Detivcry,  General 
t  of  the  Pe&ce,  or  a  Court  of  Exchequer, 
ancient  monllily  court  held  betbre  the 
of  Chester,  or  the  court  created  by 
lute  S2  H.  8|  cap.  43,  and  altered  in 
meets  by  the  stututc  33  H.  B,  ca|>.  13, 
>  Court  established  by  stat.  S7  B.  8, 
of  all  which  courts  lord  Coke  in  hiit 
takes  notice,  aud  they  are  all  aessio&it  in 
M  parlance. 
court  hath  not  its  stile  In  this  plea, 
Cestr'  no  stile,  any  one  of  these  courts 
holdeo  before  sir  Geo.  JeiTreys,  kut. 
L  justice  of  Ch«iter,  and  John  Wwren, 
rjuBlice  of  Chestdr  ;  these  are  their 
toe  stile  of  Uie  court  ;  they  bare 
atever  court  they  sit  in. 
are  so  named  with  the9«e  additions  in 
■^■BOiissions  of  Oyer  and  Terminer  and 
^^KcTt  and  in  the  commission  of  the 
^^^Hliahed  in  this   county  by  the  staL 

BBIirte  in  Westminster-hall  are  known 
stiles    as  Kin gf's- bench,   ChacicerVt 
n  Pleas  and  Exchequer;  atid  if  the  stile 
':ea  it  must  be  taken  to  be  *■  coram  non 


justification  were  in'  Cur^  domini  re^ 
ipud  West*  coram  Georpfio  Jeffreys'  and 
"Suis*  this  would  be  naught,  for  there  is  no 

irt ;  and  tbU  court  in  pleading  could  not 
Lbis  for  the  KingVbeoch. 
if  the  Defendant  will  have  adFaota^e  of 
Itier  to  »xcuje himself,  that  he  jdio  it  in 

ofjuBticft  in  a  court  of  justice,  he  must 

Lbe  court  so  as  it  may  a^ipear  to  this 

such  court  liad  ju'risdiclion  of  such 

are  supposed  to  be  preficated  in  this 

Mi'on  1,  As  to  the  objection  made  by 
©It,  That  this  court  ought  to  take  iK)iic« 
l^urts  in  the  County  Palatine  of  Chester 
•  Ibeir  coarse  of  proceeding,  ivithout  spe- 
feadiDg  of  them  or  shewin|;  them  to  the 

Migfh  this  be  admitted  that  the  Courts  of 
iunster  are  obliged  to  take  notice  of  the 
of  proceed ing  In  the  courts  in  Conntyes 


M  is  when  the  court  is  sbewn  in  pleading, 
bis  court  h  not  obliged  to  guess  at  the 
tbg^ofa  plea  touching  the  court  witbout 
ig  and  stilingf  the  court. 


in  Wales  are  enacted  by  thcRtat.  34  H. 
k.  26,  which  sessions  snail  be  called  the 
^  Great  Sessions  in  Wales.  No  act  ^iTes 
Sppo«ed  Court  the  name  of  Sessions.  Hpel- 
» Glossaries,  8essio  Hyemalis,  ^ssio  cjua- 
itmatis  mentioned  there  not  taken  for  a 
^  Vide  *  Curia*  in  his  book.  2.  if  supiKieed 
,  it  doth  not  appear  upon  this  record 
Court  of  Sessions  this  was.  3.  all  cx»urts 


The  course  of  the  Courts  in  West  minster - 
ball  is  the  lo^v  of  the  land,  and  every  court  in 
WestmiDHter-hall  is  obliged  to  take  notice  of 
the  course  of  the  other  courts  there,  without 
shewing  their  course  in  pleading.*  If  a  record 
of  the  Court  of  Kiiisf's  Bench  comes  before 
this  court,  you  will  take  notice  of  the  forms  of 
that  court;  but  the  couHs  in  Westminster- 
hall  are  not  obliged  to  take  notice  of  the  stiles 
of  the  respective  courts,  if  they  be  mistaken  in 
pleading. 

If  the  court  be  rightly  stiled  in  pleading",  the 
other  courts  are  obliged  to  take  notice  of  tha 
course  of  that  court 

It  is  manifeet  it  dotb  not  appear  in  the  plea 
that  this  nession  had  jurisdictniu  of  the  matters 
supposed  to  be  presented,  it  doth  not  appear  in 
the  plea  what  court  this  was. 

Neither  is  there  enough  set  forth  in  this 

Elea,  for  this  court  to  intend  that  this  session 
ad  jurisdiction  of  these  matters. 

A  record  in  any  court  in  Westminster  is 
binding  to  other  courts,  so  is  a  record  in  the 
Cin<|ue  Ports  ;  but  a  record  in  Chester,  Durham 
or  Lancaster  is  otherwise,  for  they  are  another 
manner  of  franchise. 

An  outlawry  in  Durham  or  Chester  shall  be 
disallowed  and  are  not  pleadable  in  courts  here,-]* 
because  they  are  but  privaAcjunsdictions  which 
extend  not  beyond  their  own  precincts. 

It  must  be  admitted  that  Cuester  is  a  County 
Palatine,  and  that  regal  jurisdiction  is  incident 
to  every  County  Palatinef  ;  and  consequeotlj 
hath  courts  whu^h  have  jurisdiction  in  pleaa  of 
the  crown  and  ciril  pleas. 

And  so  iar  the  Courts  of  Westminster-hall 
take  notice  ihere  are  courts  of  justice  tn  the 
County  of  Chester,  as  inddent  to  the  County 
[qu.  Palatine]  M'  Chester* 

But  the  Courts  of  U'estminster  do  not  lak« 
notice  of  all  courts  in  a  County  Palatine,  «r 
allow  of  all  their  course  in  their  courts  or 
their  presidents. 

A  Writ  of  Error  to  reverse  an  outlawry  in 
the  county  of  Lancaster,  Error  assigned  ♦  quod 
*nd  comitat*  Lancastr^  tent'  ibid,'  &c.  Whereaa 
it  should  have  been  '  tent*  apud  Lancastr'  in 
*'  Comitat'  IdUkcastr^  and  the  ibidem  would  not 
serve,  though  a  hundred  pre«Mienits  produced 
out  of  that  court  to  warrant  it. 

If  this  session  mentioned  in  the  plea  be  a 
session  held  by  any  commiision  either  of  t>yer 
and  Terminer,  gaol  ddivery,  or  peace,  the  au* 
thority  and  commission  of  the  cHturton&fhttobe 
set  forth. 

And  this  as  well  in  the  county  of  Chester  at 
in  any  fJtlier  court. 

Because  these  courts  by  these  oommisaioina 
are  not  courts  incident  to  the  county  Palatine, 
neither  do  the  courts  sit  there  upon  any  sucb 
cumimssions,  issued  out  of  tbe  £.\cliec^ut:r  in 


*  Lane*s  Case,  2  Coke*a  Rep.  fol  t^. 
+  12  Edw.  4,  fol.  16. 

X  Davys^s  Hep.  fo).  6fi.    Tbe  Cas«  oftht 
County  Palatine  of  Wexibrd. 


1391]  STATE  TRIALS.  SSCharles  II.  \Qt%.'^E.<!f  Matchsfi^it. 


the  couuty  Palatttief  but  by  commi^sioii  from 
Ihe  Orefil  Seal  of  Eoglaod,  by  the  8tat.  37  H. 
8.  C.5. 

And  the  court  of  Assisses  so  j^euerally  caUetl* 
holden  before  the  justice  of  CheMer^  is  a  court 
constituted  by  act  of  parlisDieiit  of  32  H.  B. 
leap.  43  ;  aud  not  ati  ancient  county  Palatine 
«ourt 

Since  there  are  these  various  courts  in  the 
county  of  Chester,  tJieaulliority  and  jun&diction 
of  the  session  meutioned  in  the  plea,  ou^ltt  to  be 
•etforth  by  the  defendant^  who  aolh  justify  him- 
I  ftdf  by  proceed'mg  as  juror  in  that  coort  ;  other- 
wise this  court  cannot  take  notice  of  thatcoqrt 
^  This  Sessio  Cestr'  may  be  a  se^i«n  of  oyer  ami 
terminer,  peace,  or  gaol  delivery  ;  wbtclif  oug^ht 
$0  be  shewn. 

Tlie  Plaintiff  in  bis  declaration  doth  alled^e 
that  the  defendant  with  others  by  conspiracy 
did  falsely  and  roalicioasiy  devise,  fratne,  write 
and  pubhsh,  a  false  scaudaLoua  libel  against 
^inrif  audi»et  forth  the  tenor  of  it  to  be, 

**  We  llie  Grand  Jury  sworn  to  inquire  for  the 
lody  of  the  county  of  Chester,  at  the  assizes 
lidd  in  the  Common  Hall  of  Pleas  in  the  Cas- 
tle of  Chester  noon  Monday  the  17th  Sept.  35 
Car.  2." 

The  defendant  in  his  nlea  confesseth  that  he 
clid  ptesentio  ^  his  Anghcunis  verlibt,'  in  the  de- 
claration mentioned^  so  in  tht:  libel,  he  ^ves  this 
court  onestile^in  his  plea  another  nume:  he 
I  stiJea  die  court  the  assizes  in  bis  Jihel,  but  the 
I  tCMton  in  his  plea. 

Therefore  to  excuse  this  matter  he  oux^^ht  to 
■hew  the  jurisdietjon  of  this  session,  and  the 
authority  of  it,  whereby  this  court  may  judge 
'  ©fit. 

That  this  ou^bt  to  have  been  no  shewn,  I 
•hull  endearour  to  make  out  by  aulbority,  pre- 
cedents and  reaion. 

Lord  Cokeys  I  Inst.  fo.  303.     Where  a  mat- 
ter of  record  is  the  foundation  or  ground  of  the 
iuit  of  the  plaintiff,  or  of  the  substance  of  the 
plea,  there  it  ought  to  be  certainly  and  truly 
\  altedged  ;   otherwise  it  Ls^  where  it  is  but  con- 
¥eyanci?. 
The  reason  I  take  to  be  that  the  court  in  which 
'  Ihe  actiun  depends,  may  have  the  matter  of  re- 
cord so  itiily  and  clearly  beJbrc  them  that  this 
court  may  J u(%e  of  the  matter  of  record,  whe- 
ther it  be  suHident  in  jaw  to  maintain  the  ac- 
tion or  delend  the  plea,  and  not  to  trust  t**  a 
lunt  of  a  record,  for  the  court  is  to  jud;^  by  ihe 
record  lieforc  them,  not  by  implicit  faith  of 
U'hat  was  before  anDtlior  court. 

Therefore  it  ought  to  anj>uar  to  the   court 

[inhere  the  record  is  brou«^ht,  that  the   court 

irhere  the  record  was  made  had  jurisdiclion  of 

be  cause,  and  that  the  record  ts  siifliclent  in 

litseif  to  justity  the  matter    alledged  m  the 

hleadtng^. 

Withall  it  is  necessary  it  should  he  so ;  that 
the  suitor  may  by  plea  or  renlicaLiou  t>f  *  nut 
tiel  record'  bring  thaii  record  Ijefure  the  court, 
or  at  least  wise  have  the  truth  of  that  record 
•Tied, 
IS  this  cout^  of  pl^adin^  bt  allowed,  these' 


advantages  arp  lost,  wnd  t]ie  t otj 
clnded  by  tlj'  '  ut  nf  s  c 
cord  not  bh  plcudol  i 

proved,  as  il   uu^nt   to  be  i»]^ 
of  law. 

Bushell^s  Case,    VaQ|rhao*i  ] 
The  reasons  in  the  arguitoeat  tn 
justice  Vaog-han  afRi m*  J  \v\  ifj^ 


-M 


the  court  ia  that 
hut  do  very  muc 
Case  vol.  6,  p.  9v9,  ot  ihre  C 

A  Habeas  Coqjus  directcvl 
London  to  hare  the  body    "" 
by  them  detained  in  the  j 
the  cause  of  his  caption 
court  of  common  plea*. 

Iletumed,  that  . 
oyer  and  terminer 
before  sir  Samuel  Sitniiig^ 
don  and  divers  other,  hi 

*  by  virtue  of  bis  Maj 
'  under  the  Great  l^al  of 

*  to  enquire  hear  and   di 

*  therein  specified,*  arooni 
of  onlawfuU  congregatingf 
the  said  Bush  eh  was  coi 
Newgate,  under  the  cus 
London,  by  vertue  of  an 
said  court  as  folio weth  : 

*  t>rdinat-  per  cur*  quod 
natur  separatim  super,  Edwi 
eleven  more,  for  tbat  tbey  tkONij 
bad  acquitted  certeyn  pcrsuns  of  t 
contempts  and  uuTawlVilt 
contra  h^em  bujus  regni  Ai 
et  manifestam  evidentiaitt 
cur*  in  materia  legis,   hie  in 
datam  et  declaratano  de  pren 

Committed  till  they  pay  the 
or  be  delivered  by  due  course 

The  party  was  delivered  U] 
Corpus,  by  the  court  of  C< 
Car.  2 

Becattse  the  court  Itatli  u( 
this  return,  whether  the  evid* 
full  and  manifest  or  doubtful, 

Because  it  was  not  retuitit 
was  given : 

There  was  before   the   oui 
Pleas,  only  the  judgmeut  of 
and  Terminer  upon  the  ei  idci 
and  not  the  evidence  given  iWi 

And  the  judgment  of  the  c< 
Pleas,  \%  to  be  g^iveu  and 
own  inferences  and   uudci 
upon  others, 

J I  was  objected  there  tbal 

*  Auod  tlon  inquiratur  de  di 

That  ibe  court  of 
to  be  looLetl  upon  as  an  ittf* 
all  the  judges  commtssioDerB  : 

That  the  eniirl  having  hi 
ought  to  l>e  credited  that  die  ev 

Vet  the  party  discharged 
sons. 

Here  is  leHinour  pb 

It  is  not  the  judgoieni  of 


IS93J  STATE  TRIALS,  36 Charles  II.  l6U.-^for Scsndalum Magnatum.  [ISM 


discretion  of  the  court  that  is  here  made  sacred, 
but  the  judgment  and  discretion  of  a  jury. 

And  Uiat  not  in  materiA  /acti,  but  in  materia 
Ugu^  as  I  shall  shew  in  its  proper  |)lace. 

Ought  not  the  jurisdiction  of  tins  court  [to] 
appear  clearly  and  manifestly  to  this  court,  and 
lot  the  court  and  the  plaintiff  [be]  bound  by 
this  general  allegation  of  ii</  Scssionem  Cesir\ 
witboat  shewing  what  court  it  is,  or  the  power 
€r  jurisdiction  of  it,  or  the  nature  of  it? 

And  this  is  a  limited  jurisdiction  bounded 
witbin  itself  in  its  enquiry. 

These  precedents  justityc  and  require  the 
court  abould  be  set  forth,  in  such  pleadings  as 
liikis. 

In  au  action  of  trespass,*  the  defendant  sir 
Christopher  Heydon,  pleads  specially,  and 
Bakes  a  title  to  the  lands  in  the  Declaration, 
under  an  attainder  of  Dudley,  for  High  Trea- 
■pn,  upon  an  indictment  taken  before  com- 
DBissiouers  of  Oyer  and  Terminer ;  whereby, 
and  by  act  of  parliament  of  attainder  grounded 
Ml  the  conviction,  those  lands  were  forfeited, 
ind  granted  from  the  ci-dwn  to  the  defendant. 

In  tliat  case  the  dcfeu^lant  in  his  plea,  sets 
Tortb  Uie  commission  of  Oyer  and  Terminer ; 
die  names  of  the  commissioners  and  their 
power  to  enquire  *  per  sacramenta'  of '  prob'  et 
'  legal'  homin'  &c. ';  he  sets  foith  of  what  crimes 
the^r  were  to  enquire. 

^iote  the  whole  proceeding  in  that  case  upon 
9iat  Record  was  void  as  n  proceeding,  *  coram 
^  non  Jttdice ;'  which  would  not  have  appeared, 
bad  not  the  commission,  and  proceedings  upon 
i,  been  set  forth  in  the  plea. 

Therefore  judgment  was  given  for  the  plain- 
tiffin  that  action. 

In  an  action  upon  tho  case,*!-  the  plaintiff 
declares,  that  the  defendant  at  the  general  Gaol 
Delivery  tor  the  county  of  ^Varwid£,  held  at 
Warwick  G  August,  8*Jac.  before  sir  Peter 
Warburton,  one  of  the  justices  of  the  common 
bench,  and  sir  Thomas  Forstcr  anoUier  of  the 
iufltkes  of  the  common  bench,  justices  of 
the  peace  *  uccnon  ad  diversas  felon'  audiend,' 
'  eCterroinand'assignat'  falsoctmalitioite  absque 
*  nU&  verft  et  legitime  caus&  procuravit,'  &c.  the 
plaintiff,  and  imprisoned  and  detained  in  pri- 
lon,  qu<m$que  he  was  '  dcbito  modo  acquietal' : 
lodgaient  upon  a  Writ  of  Inquiry  for  the 
plaintiff. 

Judgment  arrested  afler  writ  of  inquiry  exe- 
cnted,Tor  that  the  Declaration  was  notgood,  he- 
cause  it  is  grounded  upon  a  malicious  prosecu- 
tion of  an  indictment  at  a  Gaol  Delivery,  and 
it  is  not  alledged  in  the  Declaration,  tliat 
Ihey  were  justices  <  ad  Gaolam  dcliberand' as- 
•wnat* 

Although  shewn  they  were  justices  of  peace 
and  of  Over  and  Terminer,  and  were  in  truth 
instices  or  assize  and  Gaol  Deliveiy.  Yet  be- 
cause this  did  not  apfiear  upon  Record,   the 

■    r    * 

*  The  earl  of  Leicester  v.  sir  Christopher 
Heydon,  Plowd.  Comm.  p.  384. 

t  See  the  Case  of  Lovet  r.  Fawkener,  Cro. 
Jac  357, 1  Ro.  Rep.  109,  %  Bulst  970, 

VOL,  X« 


court  would  not  help  the  plaintiff  by  intend- 
ment.* 

Many  presidents  of  actions  f  for  procuring 
persons  to  be  indicted,  and  indicting  person^ 
falsely,  and  maliciously  without  cause,  by  con- 
spiracy ;  several  pleas  by  defendant  that  they 
were  jurors  and  prosecuted  the  jflaintiff,  or  in- 
dicted him  without  any  conspiracy  upon  ttMT 
oath  as  jurors : 

In  all  these  presidents ; 

The  courts  are  set  forth,  their  power  to  en- 
quire, and  of  what  crimes,  with  their  other  dr- 
cumstaaces. 

No  president  for  this  plea  in  all  the  booki  that 
I  can  meet  with. 

If  this  Sessio  Cestr'ahalT  be  taken  b^  this  court 
to  be  such  a  court  upon  this  record,  as  hatli  ju- 
risdiction of  the  matters  surmised  in  this  libel, 
and  that  this  inquest  is  duly  impanuelled,  sworn, 
and  returned,  to  enquire  of  these  matters ; 

I  conceive  and  shall  endeavor  to  satisfie  your 
lordshipijbat  this  writing  set  forth  in  the  plain- 
tiffs Declaration  to  bealibel,  and  mentioned  in 
the  defendant's  plea  to  be  their  presentavemnt ; 
that  it  is  no  presentment,  and  ought  not  to  be  so 
called,  or  received  in  a  court  of  law  for  a  pre- 
sentment, or  to  be  so  allowed  in  pleading  upon 
record. 

And  consequently  though  this  Sessio  Cestr' 
was  and  shall  be  taken  a  court  sufficient  for  this 
purpose,  and  this  inquest  a  sufficient  inquest  to 
inquire,  and  present  according  to  the  oath  and 
duty  of^a  gram!  jurj': 

Yet  this  writing  being  in  itself  libellous,  and 
no  presentment,  it  bath  lost  the  sanction  of  a 
presentment,  and  then  cannot  excuse  the 
iramcrs  and  publishers  of  it,  though  of  the 
grand  jury. 

That  it'is  not  a  pi*csentmcnt, 

I  offer  these  reascns  a;^ainst  it. 

This  hath  neither  the  form  nor  substance  of 
a  presentment ;  it  is  not  positive  in  any  part,  to 
any  thing,  person,  place,  or  other  circumstance. 
I  desire  leave  to  stute  it. 

It  runs,  **  \vc  hold  ourselves  bound  in  this  dis- 
tempered juncture  of  afihirs  to  present  that  we 
have  8tron^''npprehonsionauf  danger  from  a  dis- 
satisfied partv,  \^\v^  not  only  shewed  their  de- 
fection openly  by  an  address  made  to  Henry 
Uooth  and  sir  Robert  Cotton  at  the  lastelection 
of  Knights  oi'xV.^  shirr,  tending  to  alter  thesuc- 
cessiou  of  ihe  crown,  Sec." 

But  also  by  their  several  meetings  and  ca- 
balls  since,  wliich  administer  greater  suspicion 
from  their  arms. 

An>l  for  that  they  assembled  with  schisma- 
ticks,  and  disaffected,  in  the  public  reception  of 
James  duke  ofiMonmuuih. 

*  **  Here  are  stronger  circumstances  to  in- 
duce the  court  to  take  this  proceeding  to  be 
before  persons,  who  really  had  a  conmiission 
of  Gaol  Delivery  to  warrant  their  proceeding, 
than  there  are  in  our  case,  to  take  this  iSatm 
Ceji/r'  to  be  a  court  authoriied  for  this  purpose.'^ 
MS. 

t  RasUirs  fiotries,  pp.  1S9,  124. 
4U 


1395J  STATE  TRIALS,  36  Charles  IL  l6BA.'-E.ofMacelg$fieU9.  S»«rhj,[13B8 

For  remedy  %\  hereof  with  relation  to  the  .      The  variety  of  matten  and  thinpoflM  ii 
public  peace,  and  aUo  to  wash  our  hands  from    ihxB  praenUverunt :    The  offences  aiMJ 


all  misprision,  &c. 

We  conceive  it  expefllent  that  the  principal 
persons  who  promoted  the  snyd  seditious  ad- 
dress, and  those  that  were  notorious  in  abetting 
in  the  riotous  reception  of  the  said  duke  of 
Monmouth,  &c.  should  be  obliged  to  give  se- 
curity of  the  ])eace,  and  particularly  Charies 
earl  of  Macclesfield,  <^c. 

Here  is  no  i>ositive  presentment,  nay,  here 
is  no  presentment,  **  Only  we  hold  ourselves 
bound  to  present." 

And  they  do  not  hold  themselves  bound  to 
present  because  they  know  it,  or  have  it  proved 
to  them  ;  or  hold  themselves  bound  to  present 
that  there  is  any  danq^er  from  a  dissatisfied 
party  in  their  county ;  but  that  they  have  strong 
apprehensions  of  danger  from  a  dissatisfied 

Tliey  do  not  present  what  this  danger,  is  or 
wherem  this  danger  fies,  even  in  their  ^iprehen- 
•ion  ;  that  they  apprehc  nd  the  peace  of  the 
country  is  in  danger,  that  they  apprehend  any 
danger  of  rebellion  or  invasion. 

In  their  motives  assigned  for  their  appre- 
hension of  danger  they  do  not  present  positive- 
ly any  particular  fact ;  they  say  <M>y  an  Address 
made  to  Henry  Bootli  and  sir  Robert  Cotton  at 
the  last  election  of  knights  of  the  shire  to  alter 
the  succession." 

They  do  not  say  there  was  any  such  address 
made. 

"  By  their  several  meetings  and  cabals.^' 

They  do  not  say  they  did  meet  and  caball. 

*'  That  tliey  did  unairnnoiisly  meet  with 
Sclusrinticks  and  liisHUVrted  in  the  public  re- 
ception of  Janips  iluki'  of  Moiiinoiith." 

i{nt  <Io  not  say  1h*-  whs  publicly  received. 

And  iijl  their  instances  intimated  in  their 
wriiin;;  are  hut  cvidcnre,  leading  and  inducing 
a  Jury  tu  bt-lii've  and  present  a  crime.  And  these 
crinics — to  use  their  plinise, — this  is  but  a  cli- 
max of  cvidonrr,  and  all  this  at  most  i^  but  a 
prcsfiitmrnt  of  eiiiltncc  of  a  crime,  which  is 
no  presmtment  of  a  i-rinic.  In  all  this 
they  do  not  nann-  th:-  '-arl  of  M<icclestield,  nor 
any  oiIht  perFon,  to  bv  a  dangerous  perctoii  or 
p(  I  i»ous  within  tl.cir  apprehensions,  or  to  be  a 
confedtraie,  or  actor  in  these  addresses,  meet- 
inur*-,  ov  asscinblvrs. 

They  acousr,  by  their  ap)freheDsion,  a  dissa- 
tisfied '  party  in  their  county  only,  without 
naininpf  any  particular  person. 

.As  they  iiienlion  no  particular  person  or 
nime,  so'they  present  no  particular  or  other 
pldce or  places,  \^iicie  this  address,  these  meet- 
ings or  assemblies  were ;  and  if  all  the  other  cir- 
cumslanees  had  been  observed,  if  they  had  not 
named  some  place  or  pUces  iu  their  couuty, 
where  these  misdonit-unors  were  acted  or 
pt^ipetnited ,  it  would  be  a  void  and  illegal  pre- 
sentment. 

They  lieiug  a  county  Palatine  and  limited 
jurisdiction,  umy  ought  to  shew  these  crimes 
to  ariiM*  within  their  own  cuuiity,  or  else  it  is 
not  wiihin  tlieir  inquiry,  and  tnerefore  void. 


I  aymed  at,  if  they  were  exprett  so  as  ther  etghl 
to  be,  and  as  circmnaCantialij  as  the  law  n- 
quires; 

They  are  crimes  and  ofienoes  of  diifierait 
nature,  and  ought  not  to  be  charged  in  iij 
one  presentment  or  indictment,  but  in  seHnl 
presentments  and  indictments,  in  respect  tfcn 
they  are  divers  offences,  of  dillerent  natnre,  ui 
ought  by  law  especially  in  the  ease  of  a  pev, 
[to]  receive  different  ways  of  trial,  and  ia  cmr 
subject's  case  receive  different  judgmeoli  sm 
diflferent  punishments,  and  ezecutioas;  trcsM^ 
riots,  unlawful  assemblies,  breaches  of  the  psNa 

And  here  are  many  peisoua  drawn  intolki 
same  presentment,  of  dillerent  crimci^  sf  ef- 
ferent nature ;  and  all  are  not  accussdef  rilthi 
crimes. 

As  thu  writing  hath  Bother  the  w&Ms  w 
form  of  a  presentment. 

So  it  hath  another  form  or  purpose  thni 
presentment.  The  purpose  and  desin  ef  i 
presentment  is  to  accnse  men  of  crimes  by  hv ; 
whereby  they  may  be  brought  to  tryal  for  uA 
crimes,  and  be  convicted  or  acquitted  by  kgil 
tryal. 


And  process  of  law  issae,  out  of  cuuissm 
such  presentment,  to  bring  in  the  acemMto 
appear  and  plead,  and  to  bind  the  person  tothi 
peace  or  behaviour,  or  to  bail,  mainprise,  orin- 
prisoii  the  party,  as  the  offence  presenled  l^ 
quires  it. 

But  this  jiresentment,  and  this  Grand  Jot. 
upon  this  signification  of  their  appreheDBOD  of 
danger,  in  this  unor.rtain  manner,  from  adiffi- 
tisHcd  party,  without  any  accasation  of  the  eirl 
of  Macclesfield  of  any  certeyn  crime,  do  s*fl 
their  judgment  against  the  carl  of  MatcWs* 
field  an<l^)ther8,  that  he  and  they  ought  to  be 
oblic^ed  to  give  security  of  the  prarc:  ibey  *• 
not  pray  the  court  they  mny  be  obliged  togifs 
srrurit^  fup  the  {leace;  but  i;ivejudgmeiit«p<in 
them  wiilioMt  any  chargr  a<;ainst  them,  there 
is  no  mrnhon  of  thom,  till  i!\*>y  come  to  their 
jnds-ment :  such  a  motion  had  been  proper  lAer 
A  jiresrntnient.  And  why  do  they  do  this?  The? 
say  they  conceive  it  hi;^!!  time  to  manifest thnr 
senaration  from  traitorous  persons  and  treum- 
able  principles,  their  favourers  and  abettors,  to- 
gether with  their  detestation  of  the  climainm' 
tioned  in  their  presenttnent. 

TheBillofKxrlusion  ;* 

Traitorous  associations ; 

Ignoramus  Juryes  ; 

Seducing  perambulations  * 

Matters  not  within  their  jurisdiction  orea* 
quiry  if  within  their  kno\%  ledge. 

For  remedy  whereof  with  relation  to  the 
public  peace,  and  alsi>  to  wash  our  bands  frnn 
all  misprision  by  concealing  procccdins^  tbii 
may  encourage  greater  evils,  in  other  part! 
of  his  majesty's  dominions  : 

We  concei\e  it  expedient,  that  the  pr'tneipal 
pei'aons  who  promoted  the  aforesaid  st^litKKa 


See  4  Cobb.  Pari.  Hbt. 


P*"; 


]  STATE  TRIALS,  36  Charles  U.  l6^l.—/or  Scandaium  Magnatum.  [1398 


li4Hre«9,  ind  tliv  Mo^ireri  of  tlt^duke  of  Mon- 
mtiulhf  ftnd  il  ^  ^' '  i  riil«rsofcoorenticle£»  aQil 
bftrWurem  5  r.anoers  of  iioa -conform isl 

ifttctont*  biiuujii  IPC  obliged  to  give  stfcuritv 

nd  p«rtjcu1arly  Cli&rtcs  Earl  of  Maccles- 
,  'Set;* 

fm\s  sUted  tbe  parts  and  circumsttDces 
'  I  pi'esetilJ^veirupi^  w  hicb  is  a  very  reflec- 
kper,  aiid  lialb  loore  of  tbe  tigure  and  face 
\the\\  ihan  Uie  ibriae  or  countPDince  tff  & 
ent  merit ; 
Full  of  axDbigiiitl^«  without  any    manntr 
vt  oertaiDty  ;  b^comifig  or  nece&sary  to  con* 
11  li:gal    prcfteiUineiit  I'rom    a    gratid 


fioti 


migh  it  cufiicietitly  proves  ilielf  to  Lc  no 
prcteiitmtut,  yei  I  shall  add  some  authorities 
lo  uutify  what  I  Lave  said  ; 

TImi  lUe  law  requires  matter  legally  pre- 
•entiible,  and  legfal  lorros  iu  presentments  atid 
indlctmeutib,  and  that  without  sucU  matter  aod 
l|>*rin  tlirv  ait'  v»>!i1  atui  [U'.llitiiris  in  lav.,  and  jSO 

'■   ^.  ^   ■  .  ^    rij  an 

tilt*   1  shall  ^hew  bfreafit:r  that  the 
nty  is  refiuired  inpree^ntments,  &&  to 
^B%tier  aod  hrm  of  preseatmetit^. 
".  pratentmetit  is  t  ?erdict  of  the  grand  in- 
t^  or  of  some  other  inquest ;  and  oug^ht 
dbre  to  present  matter  certainly, 
t  verdict  ntjding  naatter  uncerlamlyor  am- 
uoufrly  is  iDSumcieat,  and  do  judgment  can 
~~     I  kIpQQ  it,|j 

*vere  diictum   cjimsi  Jictun  fer'ita* 

meauinfip  of  the  word  indict  or  indict- 
it  signitieth  an  aceu^ialion  ftiund  by  an 
of  13  or  more  upoa  their  oaib^  It  is  the 
'0  declaration, f 

o  ttbi'u  the  law  requires  tbe  like  certainty 
^  to  matter  and  form  in  a  preseatinent^  as  in  an 

K*^  ^^'^r  in    replevioy  upon  a  distress 

Hkcn  by  a  lord  for  an  amerciament  set  upon  a 
^weatment  in  hit  leet  i*  * 
PThe  question  is  stated  there,  whethcrt  lie  di^- 
tr»«  in  well  takan  tor  the  amerciament  upon 
ihift  presentment : 

Thv  ta5t;  ;  a  treeh older  ere cteil  a  new  dove- 
coat  upon  hts  freehoM,  where  there  was  not  any 
before^  and  stored  it  with  pigeons  ;  this  was  pre- 
ieot^  al  thit  hx.'!  fur  a  uui^ance,  and  a  jiain  as- 
Mt  to  amove  it  by  such  a  time,  ana  for  not 
ring  it  ht;  was  anierced,  and  for  the  amcr- 
aent  a  dislrets  taken  by  the  lord« 
|t  was  resolved  in  this  case^  that  the  pre- 
^tment  was  not  good,  hccause  it  is  not 
^  in  the  preitentraeot^  that  this  erecting  of  a 


**  TVy  <Io  not  coofioe  this  to  their  owd 

» to  th*f  origin^d.         J  Co*  Utt.  303. 
a.  Lilt.  227.  a.         $  Co.  Xitt*  220.  a. 
Ip,  LitL  120.  b. 

att  w^  Steam,  Cro.  Jm.  Sas*    GodU. 
1  Ro.  tte|».  139*  800' 


doveeoat,  and  storing  it  with  pigeons  was,  *  ad 
'  nocuroentum  ligcrr  1  '1-  :  ;• ;  h 
oue^ht  to  be  i  n  everv  ]  ; 

alt hotigh  the  party  i..  j  i.c/.u-  ..^u  .»t.i.,..i  tc 
to  be  *  ud  comitne  nocumentimi/  yet  that  was 
not  sullicitintT  for  it  ought  to  be  in  the  ptiesent- 
mf*nt,  which  i*3  the  chai'pe*  ;  whei'efore  )C  was 
adjudged  ac'^iti^t  the  plauitittf  that  his  distress 
upim  this  illegal  presentment  was  not  war- 
rautable* 

This  case  sufficiently  proves  the  matter  and 
form  of  presentmeots  'are  nece&sary  and  that 
such  presentments  as  nre  defective  in  matter  or 
form  are  void  in  law,  and  so  taken  and  ad- 
judced  in  legal  proceedings. 

This  also  pro vi^s  that  matter  and  form  is  re- 
quired in  presentments  as  well  as  indictmenta. 

An  indictnieiit  ought  to  be  certain  without 
andiiguity  and  in  nut  to  Ue  taken  by  int«^d- 
mentf 

An  mdtctment  that  *  Afelonice  9%  iti:iIii;:i  ^nft 

*  priecogiuta  occidtt  John  Stiles*    ^ 

word  Murdravit  not  goo<l  ;  neillier  ^^     ;  i  » 

presentment  be  good ;  and  the  ctcrk  of  the  crown 
cannot  supply  that  word  in  nn  indictment. 

The  like  indictment  against  a  person ,  tliat  he 
'  rapuit  et  oarnahttir  cognovit^  such  a  woman, 
wiinoQtjHofiiV^  not  stitneient.  Buckler  was 
indicted  and  *  co  quod  ip^e  tali  <tte  et  anno 

*  apad   in   quendam  Johannem  insultum  fecit 

*  rpsum  cum  quodum  cukeiio  fdouice  percussit 

*  ocddjt  et  murdravit.' 

By  the  opinion  of  the  court,  tlie  iadictmeni 
was  naughtf  without  shewing  a  places  where 
the  murder  was  tommitted,  as  well  as  the 
plifcce  of  the  assault,  for  they  ar«  crimes  of  se- 
veral naturci  and  the  assault  might  be  in  one 
county,  and  the  murder  in  another  by  the 
death  of  the  person* II 

If  a  man  be  indicted  or  appealed  ^  treaaoii 
or  felony,  or  of  trespass  ia  a  foreign  country, 
and  be  acquitted  of  it,  he  shall  have  a  writ  of 
conspiracy  against  the  procurers  of  h^if  in- 
diotmeot.  § 

If  a  man  be  indicted  of  felony  or  treason,  in 
a  place,  where  in  truth  there  is  no  such  place  in 
the  county  where  the  person  is  indicted,  tha 
party  shall  have  a  writ  of  conspit^cy  againi»t 
the  abettors,  procurei*s,  or  conspirators  for 
such  indictment.  % 

1  conceive  tlie  indiciors  themselves  would 


*  "  This  appeared  to  the  court  in  pleading  tO| 
lie  a  void  presentment.  So  doUi  this  present- 
ment in  our  record  ;  and  the  court  ought  IQ 
judge  upon  this  writing  set  forth » if  it  he  a  sut«i 
licient  presentment ;  lor  they  are  now  as  mu<;kj 
lojud^e  ofit,as  if  the  presentment  were  reuiof  •»| 
od  before  them."  M».  I 

t  Fitzwiltiam's  Case.  Cro.  Jac,  p.  19.  S.  €j 
Cro.  Eliz.  gi5  Yelv.Sf. 

II  Buckler*s€ase,  Dyer  10,  See  also  Hawi 
PI.  Cr.  B.  1,  Chap.  «4,  Hev..  42. 

Baud's  Case  [Cro.  Jac,  p.  -il.]  recites  andai»J 
lows  that  ctise  to  he  law. 

I  FitA.  Nat.  Bre.  p.  115.  J. 

f  Fiise.  Nat.  fire.p.  li^.K. 


1399]  STATETRIALS,  36 Charles II.  \6SA.^E.of  MaccUnJUUv.Starhs.lMBi 

Coke's  4th  Inst  911,  Of  the  county  pihfiM 
of  Chester.  It  appears  by  these  they  imv 
claimed  jurisdiction  uf  other  matter  than  tadk 
as  were  arising  within  the  oountv- 


not  be  excused  in  such  cases,  by  beinnr  indicters 
of  offences  out  of  tbtir  inquiry*  and  that  falsely 
mnd  maliciously. 

Because  they  are  sworn  to  enquire  for  our 
sovereign  lord  *^  the  king;  for  the  body  of  their 
county ;  and  their  oath  excuses  them  therein 
and  no  further. 

Ill  such  indictments  found  of  offences  in 
another  county,  or  in  places  which  are  not  in 
their  county,  are  void  and  *  coram  non  judice ;' 
and  if  snch  jurors  should  be  questioned  in  ac- 
tions upon  the  case,  for  making  such  present- 
tnents  or  finding  such  indictment  falsely  and 
maliciously,  I  suppose  it  would  be  no  pica  for 
them  to  say  they  did  it  as  an  inquest  upon  their 
oath  and  conscu  nee  according  to  evidence  iu 
the  eounty  of  Chester. 

The  inquiry  s  of  all  grand  juries  are  circum- 
scribed to  the  county  for  which  the  grand  jury 
serve. 

The  in<joirvof  this  grand  ^ury  is  not  only 
drcumscribed  to  the  county  of  Chester,  but  the 
jurisdiction  for  which  they  serve  is  a  limited  ju- 
risdiction, and  circumscribed  to  that  county 
onlv,  being  a  county  palatine. 

And  whatever  is  done  by  the  court  or  inquest 
either  judicially  or  extrajudicially  in  any  mat- 
ter  or  cause  criminal  or  civil,  arising  out  of  this 
eounty,  or  which  in  fact  doth  not  arise  whhin 
this  county,  is  void  and  <  coram  non  judice  ;* 
and  the  court  as  well  as  the  jury  is  answerable 
for  it. 

*  Reasons. — '*  Their  charge  and  oath  is  to 
ienquire  only  of  offences  and  offenders  within 
their  county.  The  jurisdiction  of  the  court 
goes  no  further,  and  if  they  go  further,  it  is 
void,  ci  coram  non  judice. 

**  Jf  they  had  named,  that  Charles  earl  of 
Macclesfield  was  guilty  df  trLfisonable  Asso- 
ciutionf  at  VVcslmiuster ;  had  n(»t  this  been  a 
libell? 

**  If  they  had  presented  that  Charles  earl  of 
MacclesficiM  was  one  of  the  Ignoramus  Jury 
for  the  coiinl}-  of  !\ii<I(llose.Y,  (*r  thai  he  was 
for  some  unwarrantahle  Hi'.!  in  the  puiliamcht, 
at  ^^  estmiiistrr  or  OaIopI  ;  Iind  not  this  been  a 
libel,  had  it  not  been  a  void  presentment,  would 
this  plea  defend  thcni  ?"     MS. 


f  See  tills  Association  in  vol.  R,  p.  781, 
lord  Shafti.>biJry\  C'af;^\  Uoger  North  (Kx- 
amen,  11?)  sayi,,  **  Tht:re  was  a  paper  foiunl 
under  his  lordshi))'s  lock  and  key  iu  his  closet, 
being  a  draught  of  a  treasonable  Association. 
This' the  jurymen,  who  aeteil  as  counsel  for 
the  defendant,  wouid  have  slnifdi d  off,  on  pre- 
tence th.'\t  miMition  had  l»ecn  made  in  parlia- 
ment of  a  Bill  of  Association  to  he  brought  iu. 
Whether  this  was  intended  to  l)c  that  or  not, 
was  not  material,  so  long  as  the  import  of  it 
iras  treasonable :  for  one  of  the  ends  expn>sscd, 
was  to  destroy  the  mercenary  forces  in  and 
about  Loudon,  which  were  manifestly  the 
king's  ordinary  Guards;  and  then  that,  sitting 
the  parliament^  the  government  was  to  be  iu 


It  appears  eveahy  this  presenuncot  that  lbs 
inquest  have  charged  the  plaintitiT  with  crioM 
out  of  their  inquiry,  out  of  their  oath,  out  of 
the  jurisdiction  of  this  court ;  they  accuie  hia 
to  be  one  of  the  Iguoraoius  jury,  an  asmdalor.   I 

The  traverse  in  the  defendant's  plea  is  iniai- 
cient  and  defective ;  it  doth  not  take  into  ii  il 
the  parts  of  the  dedaratioD,  which  are  not  j» 
titied  by  the  plea. 

Much  of  the  material  parts  of  the  declaratioB, 
which  are  the  ingredienu  of  this  action,  iikft 
unavoided  by  the  justification  in  the  deftnd- 
ants  plea,  and  untra  versed  by  his  trmTCiscsii 
consequently  unanswered  in  tliis  case. 

The  justification  in  the  plea  goes  no  fiutbAr 
than  to  justify  what  the  defaidaot  did  u  • 
grand  juror  at  the  session  of  Chester  upon  hii 
oath  and  conscience  according  to  his  evidenef. 
All  that  is  charged  in  this  declartUion  to  k 
done  fiailsly  and  maliciously  by  the  defendut 
out  of  the  county  of  Chester  cannot  bejutilkd 
by  his  plea. 

So  that  if  the  traverse  do  not  reach  all  due  is 
alledged  to  be  oat  of  the  county ,  the  tiavcne  ii 
short  and  defective. 

Though  the  traverse  be  so  full  as  to  ooa||te- 
hend  the  charge  of  all  the  matters  simiM 
by  the  declaration  out  of  the  county  of  CbeHcr; 

the  mtyority  of  the  members :  but  the  tbiv 
itself  did  not  import  as  if  it  were  to  be  enacM 
by  psrliament.  llie  author  [Kenneu]  brings 
forth  the  authority  of  one  of  his  choice  eounstl 
learned  in  the  laws,  sir  John  Hauless,  wbo  ii 
of  opinion,  that  this  paper  was  not  prmed  a 
fact  of  the  earl's,  but  only  in  his  custody ;  trae, 
and,  for  that  reason,  it  was  not  entered  in  tiie 
indictment  as  an  overt  act,  and,  if  that  bid 
been  done  and  proved,  it  had  been  a  suificient 
couvictioii;  but  it  was  used  ouly  as  acirouro- 
stance  that  made  the  direct  evidence  mor« 
credible;  and,  in  these  cases,  some  seditious 
practices  at  large,  though  not  direct  treaaiOD, 
are  received  in  proof  lor  the  like  intent.  There 
was  another  found,  uhich  made  morenoiicio 
town  than  this,  but,  by  reason  the  tide  was 
enigmatic,  it  could  not  regularly  be  oflered  as 
e\  ideuce  It  uas  a  list  of  names  of  men,  on- 
dor  the  titles  of  *  worthy  men,*  and  *  men 
*  uorlhy,'  iu  two  columuF.  The  first,  by  in- 
terpretation, was  of  preferment,  and 

the  other to  be  hange<I.     But,  in  the 

observation  of  the  public,  that  white  and  black 
list  was  a  notable  discovery ;  for  it  shewed  by 
what  sanguinary,  as  well  as  partial,  measures, 
t!ie  partv  had  proceeded,  if  their  designs  bad 
taken  effect,  and  ouadrates  exactly  with  ihi 
discoveries  of  tbe  Ilye  Conspiracy,  as  the  ar- 
counts  of  it  shew."  See  also  in  the  '*  Sute 
"  Tracts  from  the  year  1660  to  1689 ;"  nob 
hshed  in  1692  (p.  73)  "  The  Writing  of  A<- 
**  sociation  entered  into  by  the  ProCestantt  la 
"  the  Reign  of  Uueen  EUsaheCh.'* 
9 


p-v; 


\l}  STKTKTKlXt^,  S6CHkTtL^s\L  l6B4^--for  Scanialum  Magnatum.  [1402 

ill  an  lo  the  common  hall  of  pleas  there ;  ertry 
other  place ;  in  the  county  o(  Chester  it  lefl 
out  of  bis  justificatiuD,  for  be  hath  made  it  Tocal, 
ajiii  his  traverse  goes  only  to  all  place*  in 
the  eouDtv  of  Berks  aod  elsewhere  out  ofiht 
county  ot  Chester,  nhich  still  Ieav«s  the  rest  of 
the  county  of  Chester,  which  is  out  of  the  com- 
tiiou  hall  of  pleas,  untiaversed. 

And  it  is  not  to  be  inteniletl  that  the  commoQ 
ball  of  pleas  for  the  county  of  Chesteir  con* 
tains  in  itself  all  ih«  county  of  Chester. 

Because  1  wouUl  emleavor  to  prevent,  at 
lea^t  meet,  ivhat  ntay  be  offered  to  supply  this 
delect  ill  the  traverse. 

That  is,  tliough  there  is  not  an  express  tni« 
verse  us  tu  all  other  places  in  the  county  of  i 
Chester,  which  are  out  of  theCommoD  U ell  of  J 
plei  there ; 

Yet  the  words  *  aliter  vel  alio  naodo'  will  «up- 
this  detect  lu  lire  traverse, 
he  wortlSf  *■  aliter  vel  alio  modo*  cannot  do 
this  ;  for  the  ^  aliter  vel  aho  modo*  go  to  the 
fact  charged  in  the  Declaralion,  and  to  thtt  ^ 
manner  of  doing  it ,  not  to  the  place  where  the 
fact  was  done. 

For,  it  may  be,  the  Defendant  might  be  guilt  j^ 
of  this  fact  m  the  Common  Hall  of  Pleas  at^i 
Chester,  at  the  sessions  there,  after  the  jury  wai 
discharged,  *■  aliter  el  alio  modo,*  than  he  dotli 
justify  in  his  plea,  or  before  he  was  discharged, 
otiierwise  than  lie  hath  justified,  by  posting  or  I 
pnblishing  this  libellous  wrjtijig,  m  di^scourse  j 
with  others  who  uere  not  of  the  jury,  and  that 
nut  u|>«n  his  oath  or  upon  evidence ;  therefore 
it  was  necessary  to  make  this  *  aliter  %el  alio 
*  modo/  part  ol  the  traverse  for  this  purjiose, 
and  without  it  this  part  of  the  traverse  had 
been  defective. 

it  bath  been  admitted  by  Mr.  Holt,  and  evea  '\ 
by  the  books  cite  1  by  him  it  is  very  plain,  thai 
a  juror  whilst  upon  his  oath,  doiuj>' his  duty  i 
as  a  juror  according  to   his  evidence,  is  uot  ] 
impcacbaye  for  such  doings,    by  any   writ  ^ 
of  conspiracy  ;  but  if  after  he  is  discharged  <»f  1 
this  duty,  be  *hall  publish  and  aver  bis  indict* 
men!  or  presentment  is  true,  or  shall  falselj^^ 
or  maliciouifly  pubbsli  the  same  to  the  preju-  i 
dicce  of  any  pt^rsou,  he  i^i  liable  to  a  writ  ofi 
cnnspii-acy'or  case.*      Fitz.Nal.  Brev,   ll5t 
21  Kd.  3.  17   J2  Co,  Rep.  23  ;  and  not,  cited 
by  him,  'iO  Hen.  t)«  5,  and  3S,  u mi  rant  this. 

To  shew  that  the  ^  vel  aliicr  vel  alio  roodo* 
will  not  au.swcr  (he  pisce,  but  the  manner  of  j 
the  doint^  ol  the  fact.     Ascue  v.  8anderson| 
Mich.  37,  tut  Ehz.  Croke  Eliz,  433, 

Ti'over  of  UOO  hbeep  ;  1  D«ceiubcr  36  EliE, 
Heft^ndant  pleads  he  w  as  Sheriff  of  the  county  of 
Lincohi,  and  that  J<>hn  HtiU^iii  recovered  ngainHl 
the  Flainiitf'  100/.  and  a  *  fieri  lueiua'  to  levy  I 
that   debt    leium^ble    *  crastino    animaruin! 
36  Eli^.  that  heby  viitue  thereof,  tO  Oct.  3$J 
Eliz.  t<K>k  the  aaiil  300  sheep»  tud  told  upo^J 

*  **  A  juror  unduly  labouring  a  juror  pu* 
nishnble  by  action  '*      Ayrea    v.    S^dgwidftl 
Fidm.  143   B,  C.  Cr(K  Jac.  QOl*  t  Ho.  Eep. 
195.  19r.  1  DaDf,  78* 


M  if  any   thing  charged  in  the  declaration 

:  tile  defet»tant  was  done  bj  him  within 

Iccmiity   of  Chester   otberMtse  than  as  a 

I  jury  man,  »nd  upon   his  oath  and  con- 

:  according  to  his  evidence; 

Ught  also  to  come  within  his  traverse 
Kti  location  can  not  defend  him  in  that 

let  us  consider  the  charge  of  the  de- 
ilian  and  the  traverse  as  to  this  matter : 
an  uf  the  pea  touching  tire  defendants 
Bcatiofi  is  sufficiently  discoursed  and  ob- 
T  already. 

^1  the  facts  in  the  declaration  be  laid 

miy  ol  Berks,  yet  they  are  in  their 

an&ttury,  aud  therefore  they  may  be 

to   be  done  by  the  defendauttn  any 

:  in  the  county  of  Berks,  oi'in  the  county  of 

er,  or  eli»ett  l*ere ;  and  us  the  plaintiif  tiaih 

^rneral  liberty  of  proof  by   law  upon  ibis 

jl^ration,  the  defendant  by  bts  liaverse  can- 

|l«  up  the  pltiiiui/ftu  staue  places,  and  ex- 

I  of  his  proof  in  other  [»laces. 

I  char|>e  of  the  dechii  ation  is  general, 

"endout's  justice  at  ion  i»  but  particular, 

■ce  and  matter ;  the  place  is  only  the 

Tthe  scssmni  at  Chei^ier,  the   luaiter  h 

what  he  did  as  a  gfand  juryman  there 

lij%  oath  and  conscience,  according  to  his 

HOI** 

It  necessarily  follows,  that  if  be  be 

doing  any  thing  that  is  charged  in 

^.ration   in  any  other  place  than  where 

sion  of  Chester  wasliehl,  or  in  any  other 

^ihan  an   a   grand  juryman  upon  bis 

ftuffb  in  the  county  of  Che^^ter,  auit  this 

llhm  his  traverse,  then  is  his  plea  de* 

1  judgment  ought  to  be  gi  ren  against 

1  ibis  record, 

t  us  consider  the  traverse :  ]  take  it  to 
efrctjve  hereui, 
^Ir  .*'  •^-  i^  this, 

n\  >od  prtechctus  Joliunnes8tar* 

i      Misite  prernis^iis  in   narratioiie 

i  su|>eriuj»  *()eciiicatis  et  ei  imposiiis 

Airto  coinitutu   Berks,   vel  alibi  extra 

Aura  conntatum  Ce^lr'  mikdo  et  forma 

rd ictus  comes  BUjierius  vei-ftus  eum 

tnr  »el  aliter  rel  alio  modo  quiiin  pr^edic- 

Jobiinn«-9  Htarkey    per  plucUum  suum 

pel  ;\vit  et  hoc  etc' 

||3  that  he  i«  not  guilty  tn  the 

fotit  '     uhereoutof  the  county 

^bfsler,  i  Mjnot  iravei'so  that  he  is 

fuilly  tn  .111  "II  Mi  i»l;ice«  witinn  the  county 

Jheifter,  out  of  thr  conumm  liidi  oi  pleas  at 

in   the  county  of  Chester,  whiTC  he 

ys  plea    the  sciision  wun  held,  and  tu 

ilaee  he  circumscrilms  his  jU&hficutioQ  ; 

Ihc^'dotb  uot  carry  bis  justilicatiou  beyond 

llsce. 

Rt  he  may  be  guilty  of  the  fact  in  the 
ikm    in  some   phu<'  in  the  county   of 
{fer,  uiit  ol  lheramiaon>hull  of  pleas   in 
trj  which  comrn  nrahcr  uithiu  bisjuR 
or  hi«  travcrM? ;  for  hi-j  juntdinttioii 
I  oUitn*  pUce  in  Cheater  or  tlsewbere 


bat  to  the  manner,  ot'tlie  oqaremaa. 

Wherefore  sayii  the  bocJL  the  plea  dotb  not 
answer  idl  that  which  is  comprised  in  the  De- 
daiatioB,  and  for  that  cause  is  ill  in  all. 

As  the '  Tel  aliter  vei  aliy  modo'  in  that  case 
would  not  answer  the  time  of  the  fact,  no  more 
will  it  iu  our  case  answer  the  place  where  the 
hci  was  done,  which  is  a  like  circumstance  in 
pbading,  hut  it  must  be  applied  onlv  to  the  man- 
ner of  the  Defendants  domg  what  ne  did,  as  he 
justifies,  and  no  otherwise. 

Having  thus  mentioned  the  Plaintiff 's  De- 
claration, and  laid  before  the  court  the  insuffi- 
ciency of  the  Defendant's  plea  to  defend  hun- 
•elf  against  this  Declaration  in  this  action ; 

I  shall  proceed  to  answer  some  particular 
objections  and  observations  made  by  Mr.  Holt, 
in  his  argument  of  this  case. 

Obj.  1.  His  principal  argument  against  the 
action  is  by  justifying  wliat  tiie  Defendant  did  in 
this  case,  was,  as  he  hath  set  forth  in  bis  plea,  as 
a  Grand  Juror  upon  bis  oath^  according  to  his 
evidence  and  testimony  given  the  inquest  of  the 
Plaintiff,  and  according  to  their  conscienccs,f 
and  to  preserve  the  peace  in  the  county. 

And  for  his  autborilies  to  justify  this  he 
cited  31  £d.  d.  f.  17.  8  H.  4.  f.  6.  Fitz.  Nat. 
Brer.  115.  Stamford  PI.  Cor.  173,  Coke  IS. 
Rep.  23.  Bridgraan's  Rep.  130.  Agard  v.  Wild. 
To  these  may  be  added  20  H.  6.  f.  5,  et  33. 
9  H.  4.  fol.  ultimo.  27  Aston,  plac.  12.  Ineed 
not  take  up  tlie  time  of  the  court  by  answering 
these  several  books  particularly  and  seveially. 

Stamford  grounds  his  opinions  upon  21  Ed. 
2.  f.  17.  and  Q  H.  4.  .6.  and  so  is  Fitz.  Nat 
Brev.  upon  the  same  reason  with  these  books ; 
•and  the  cases  in  12  Coke,  Rep.  and  in  Bridg- 
man's  Rep.  all  take  notice  of*  these  books,  and 
as  they  are  an  authority  for  the  defendant  to 
'  justify  his  procecdinsr  as  afirrandiuryman  to 


bave  endeaTonred  to  make  out 
ceived  or  allowed  in  our  law.  ||  1 
met  with  any  such  or  like  presi 

Bir.  Hoh  bad  done  well  to  fai 
to  be  a  presentment,  either  oa 
or  the  forme,  or  figure  of  it, 
or  authority ;  and  not  to  take 
that  it  is  so,  till  that  be  done,  1 
will  not,  nay  cannot  receive  or. 

Obj.  9,  Mr.  Holt  in  defence 
did  seem  to  insinuate  to  the  coi 
this  writing  did  want  tlie  form  « 
sentment,  that  it  is  the  practic 
and  the  officers  of  courts  bj^  tb 
offices  to  put  presentments  into 

And  by  that  intimation  of  ui 
would  shelter  the  weakness  ani 
presentment,  to  be  supplied  b^ 
officers  of  the  court  of  sessions, 
and  places* 

May  the  clerks  translate  an  1 
mcnt  into  Latin  ? 

On  my  apprehension,  if  I  d 
Mr.  Hoh,  as  the  defendant  mist 
lord  Macclesfield  ;  he  did  admi 
ing,  as  it  is  penned  and  formed, 
of  a  presentment,  and  hath  i 
form,  which  it  doth  not  appeal 
ceived,  but  remains  still  the  aai 
to  the  reproach  of  the  earl  i 
without  any  alteration  of  it  id  f< 
ing  upon  it  in  any  legal  ooime 

I  dcsure  it  majr  be  well  oodbm 
Holt  hath  said  m  this  case,  tm 
moulding  or  new  formiog  of  tl 
by  the  i&xia  of  the  oonrt  of  aai 

That  they  hare  power  to  trai 

This  may  be  cif  a  more  di 
quence  to  tne  law  and  the  sal 
oresentaverunts  as  thaae  are.  i 


>1    STATE  TRIAtS,  S6  CilARf.ES  Ft*  1^84.— >r  ScandaUm  Ahgnatum.  [MOG 

hliii€iil4  «nd  make  them  sufficient  by  new     but  do  not  say  what  this  dansfcr  h,  or  Ibat  Ihtf  ] 

'"'^  peace  of  the  country  i%  b  daD^er. 

For  remedy  of  wbat  they  promised  wilh  re* 
btion  ta  the  public  [jeace,  we  conceive  it  ex- 
|ii?ilif»nt  that  the  pkintiff*  ftDd  others  aUall  b%  j 
obliffed  to  give  stfcurity  of  the  peace,  i 

The  question  is  not  upon  this  Record  what  I 
presentment  a  jury  may  make  by  hiw,  to  tc-  1 
core  the  pubhc  peace,  or  what  infornmttoii  i 
they  may  give  for  that  purpose,  to  a  court  «f^ 
juatiee  ? 

But  the  question  is  upon  thii  course,  whe« 
Uier  this  be  a  legal  and  warrantable  proceeding  j 
by  due  course  of  law,  to  publish  such  a  writ*  i 
in^  as  this  is,  iu  this  uxauoer,  against  a  peer  of  I 
the  realm.  t 

To  borrow  or  derive  Arguraents  to  justifytf] 
this  course,  either  from  the  power  of  grand  ju«  J 
rieRj  or  from  the  necessity  of  conserviocr  the| 
pubhc  peace  of  the  kingdom,  or  the  pence  ( ^ 
the  country,  or  from  the  power  of  justices  i 
the  peace,  or  other  minifters  of  justice^  to  J 
binde  persons  to  the  peace  in  some  cases  atJ 
discretion,  or  from  the  fears  and  apprehco»iofl 
of  danger  to  the  public  :  (even  at  this  time  ad* 
mitliog  all  the  conjunctions  iti  the  writing  ti 
be  trtie,  the  law  \*tts  not  defective  to  hate  ihi»^ 
suppressed  and  punished,  without  such  nc*r 
inv€*nt)on  as  this  ts,)^ 

These  are   very  specious  topics  for  Argii*, 
menta  to  ettenuftte  the  errors  of  a  grand  jo»*yji 
and  tnay  be  put  in  balance?  with  the  circum«7 
stances  of  false  and  malicious  illegal  aeeusa-* 
lions,  by  conspiracy  to  libel  a  peer.-f 

But  to  argue,  that  Arguments  derived  fVom 
these  considerations,  ah  all  justify  the  irregwlaf 
procf^Hngs  of  a  grand  hiqnest,  by  deliverioj^' 
such  a  ivriting  as  this  is,  to  a  cnurf  of  justkt 
and  to  gire  it  the  sanction  of  a  presentmenl^ 
only  by  calling  it  so,  so  very  reflective  u  pott  I 
I  he  honor  of  a  great  peer,  so'  very  perniciotii 
to  hinn,  by  bringing  into  que&tion  his  lifp,  hil 
estate,  and  his  hberty :    and  to  expose  him  I 
the  displeasure  of  hw  prmce,  and  to  raise  an 
stir  a  disesteem  d'  him,  ancMAig"  the  nobles  and 
commons  of  the  kiog^iom,  as  is  layd  in  thm 
Deckratiot) ; 
i       And  that  by  this  new  way  and  mcnns  \\\ 
'       When  there  are  ordinary  ways  to  secure  thgj 
peace  of  the  kingdom  and  country,  if  in  dan 
ger,  or  if  apprehended  to  be  in  danger,  withoq 
such  presentments  as  these  are ;  and  there  an 
Ordinary  rcinedtes  to  secure  Iticn  in  their  pH* 
vate  orpublic  fe*f»,  without  such  proceeding 
by  grand  jviries. 

The  i>cacc  may  be  secured  by  the  ordinar^ 
methods  of  justices  by  complaints  and  informii 


i(^  as  it  is  doth  not  charge  or 

.*t  Macclesfield  of  treason  or 
Y^  or  any  olht^r  specific  crime  or  mifidc- 
or,  sluitf  a  clerk  supply  this  deft^ct  in  this 
ntment  f  If  be  shall,  he  ii$  thi*  imlictor,  not 
and  ttirv  i  nnd  ihere  is  one  of  the  principal 
d  law  taken  frooi juries,  and 
ijip:  u        L    ^  uf  clerks. 

Juries  1  think  may  order  a  clerk  in 

oce  to  alter  a  presentment  or  indict - 

matter    or  form  * ;  though  it    halh 

i^eiimes  serupled  by  judges.     If  the 

i^ivered  to  them  by  the  court,  they  can- 

dter  it  without  the  leave  of  the  cciurt. 

t  an  alteration  is  made,  certainly  the 
qtiest  ought  to  allow  and  agree  to  such 
|»  or  else  it  ought  not  to  stand  so  altered 
Hctment  or  presentments 

•r'^ks  of  the  courbi  may  insert 

Or  Aud  the  stile  of  the  court  in 

jii(!i<!tment  or  presentment ; 

lie  substance  or  form,  or 

11  the  presentment  or  in- 

t,  f  do  not  know  any  law  or  warrantable 

^  tor  it* 

I  might  be  done  by  law, 
f  kind  o4'  presentment  woald  a  clerk 
film  f    \\  ould  it  be  for  treason,  felony 
neanorf 

I  either  in  his  plea  or  in  his  Argu- 
l  yet  informed  us  what  [Mresent* 
'  of  what  crime, 

it  may  puiixle  all  men  what  tn 
PH,  I  am  sure  it  doth  me,  I  can  ntake 
rof  it. 

berefore  he  that  drew  the  plea,  did  well 

Vt  *  preset! tavcrtmt  in  predict'  Anglican* 

i  narratione  pred'  su  peri  us  racncionat',* 

ymg  of  what  sort  it  ts,  or  what  it  is 

r  treason,  felony,  or  misdemeanor. 

Holt  in  iiis  Argument,  in  defence  of  the 

ndant,  layi  great  weight  upon  thut  purt  of 

l|ileB,  which  says  that  the  defendant  among 

I  rvst  ol  the  trnmd  inquest  did  this,  *  Juxta 

i  as  ac  ad  corsen  andam  pncem 

in  comitat'  Cest.'    Hq places 

t  »trri%  [iiiM  emphasis  upon  the  xvniiog, 

)  grand  jury  api-rehend  the  j^ience  of  the 

'to  be  m  danger,  and  shall  they  not 

ntthiv  to  the  court? 

•    not    (mn   word    in   ih*-  pfea,  that  the 

ngcr,  at  the 

1       ,  .      ^y  *^'*t  tlicy 

ad  conservjind'  pacera  dcmini  regis  in  co- 

•  mttat'  Cestr*  prcseoturtront  in  pnedict'  AagU" 

•  cut*  ferWs  in  narratione.' 
iNiey  do  not  say  in  their  writing  thait  Ih* 
*         '  Ihe  country  or    kingdom^  waa  in 

J  they  have  strong  apprchenstons  of 
m  a  Ji»atiid)ed  patty  m  thi^  county, 


i  think 


I  01 


•  **  Usual  fiir  ffnuid  juries  to  direct  their 
lliflMv  but  oof  to  be  stayed  or  eorrectiid  by 
tfadrcUrrWM^. 


•  *^  The  Argmoenia  from  danger  at»d 
wiU  not  justify  thb  coune  of  -'     "^         i 
fears,  if  the  bw  doth  not  knc  t!i<>d,l 

MS, 

f  "  This  is  a  new  way»  it  tiath  tit  warraa 
from  —     '*  .->^i-...,.  ^*    MS. 

11  methods  of  law,  and 

to  LOi...  .,..^  ....   -.;  ,j.^.  mifcttcr  of  juriei  and 
judgcy,  and  of  other  ofhcer*/*     M^. 


1407]  STATE  TRIALS,  36  Charles  II.  l664.— £.  oJMaeclegfieldv.  Siarlry,  [1406 


ations  to  ordinary  courts,  and  minifltera  and 
officers  of  justice; 

By  biniiing^  such  persons  to  the  peace  apon 
•ecority,  or  committing  of' them. 

It  is  the  duty  and  office  of  grand  juries  to 
present  crimes  and  criminals  circumstantiallv, 
and  particularly ;  whereby  offenders  may  Be 
brought  to  trial  and  judgment. 

By  that  means  the. innocent  will  be  acquitted, 
and  the  guilty  punished. 

This  way  of  accusation  is  not  the  work  of  a 
grand  jury,  this  is  no  part  of  their  office;  there 
are  other  mformers  ibr  such  purposes,  who  are 
liable  to  answer  for  their  informations  when 
false  and  malicious. 

(Mj,.  4.  That  this  may  be  of  ill  consequence 
to  the  king  and  realm,  to  have  preseutmeots 
of  grand  juries  thus  impeached  by  actions. 

1.  That  the  public  justice  of  the  kingdom 
may  be  endangered  by  discouraging  grand 
juries  in  their  duty,  by  exposing  them  to  ac- 
tions for  doing  their  duty. 

2.  That  it  is  the  ri^^ht  of  grand  juries  to  en- 
qiujl^  into  the  miscarriages  of  tiieir  coi^ntry. 

sT  That  the  whole  kingdom  is  concerned  in 
this  privilege  of  a  grand  jury. 

4.  And  crery  subject  is  interested  in  the  be- 
nefit of  it. 

5.  And  if  this  action  prevail,  the  privilege,  the 
right  and  trust  of  a  grand  jury  is  impeached. 

Ant,  I  answer  this  is  an  argument  to  sup- 
{>ort  juries  in  their  enormities ;  and  tlie  argument 
IS  of  greater  danger  to  the  king  and  the  realm, 
and  to  the  law,  to  the  right  and  liberty  of  every 
subject,  than  the  action. 

And  that  to  pronounce  such  sanction  for 
grand  juries  by  law,  in  a  supreme  court  of  law, 
that  it  IS  not  safe  for  the  king  or  realm,  tojimpeach 
tiicir  proceedings  by  action,  may  l)e  a  means  to 
subvert  the  law,  to  injure  the  kin;^  in  his  justice, 
and  to  wound  the  subject  in  his  rigiit  to  all 
he  hath. 

The  law  doth  allow  grand  juries  to  present 
and  indict ;  and  though  they  come  together, 
and  get  themselves  impannelled  to  present  a 

1»erson,  falsely,  and  maliciously,  yet  says  Mr. 
lolt,  and  hath  cited  books  for  it,  'this  bein&f  in 
)c«ral  course  upon  their  oath  an  jurors,  the  Taw 
purtz'es  the  malice,  and  presumes,  tliry  were 
swayed  by  their  oath  to  make  such  present- 
ment, and  that  their  first  malice  and  conspi- 
racy was  no  ingredient  in  such  presentment. 

]>i0  book  in  the  law  that  I  meet  with,  neither 
doth  Mr.  Holt  cite  any  book,  that  carries  this 
indemnity  for  a  juror,  beyond  a  presentment  or 
indictment,  and  that  strictly  in  the  course  of 
justice  as  juror,  and  whilst  juror,  and  not  afler 
he  is  discharged. 

Is  there  any  reason  to  extend  this  indem- 
nity, to  all  proceedings  of  gmnd  juries  bo 
they  never  so  irregular,  be  they  never  ao  de- 
famatory to  the  subject  ? 

Thus  in  time,  and  perhaps  juries  have  pre- 
fumed  to  make  remonstrances  atraiust  lords, 
aad  commons  in  parliament,*  what  may  he 

'  •  As  to  this,  sea  1  Bon.  500.  foL  «d. 


more  sacred  agfaiiist  tliat  conn,  or  any  otbcr 
court  in  WestininkCer  Hail,  against  the  couDcil 
board,  against  the  if  real  officers  of  the  kiai^iifln. 

And  shall  this  be  with  impunity  ? 

And  this  not  by  presenting  or  a-cusir.^  kny 
of  these  of  any  particular  crune,  in  any  fum 
or  method  of  law';  but  by  the  president  nf  th's 
presentment,  without  any  certain  or  positifc 
charge  by  waj^  of  rensonstrance,  without  ipt- 
cifying  anv  crime. 

Mr.  Holt  hath  asked  aome  questions  in  hii 
argument — 1  presume  to  ask  this  question : 

Is  not  this  a  course  to  set  up  a  grand  jur/i 

Kroccedings,  *  be  it  never  to  irregular  or  il- 
!gal,  never  so  scandalous  or  UbeHous,  above  tkc 
Ordinary  remedies  of  the  law  to  right  a su^ 
jectth  uninjured. 

1  woukl  not  trouble  the  court  with  this  sort 
of  argument  from  general  ineonTeDienoe,lMd 
not  I  been  led  to  it  by  tlie  former  argument  in 
til  is  cause. 

The  laws  thai  are  made  to  punish  jorin  by 
attaint  t  are  many,  and  grounded  upon  exp^ 
rience  that  juries  were  not  to  be  trusted  upn 
their  oaths  andevidence  to  do  what  they  Uk, 
and  give  what  verdicts  they  pleased,  sod  to 
defend  themselves  by  such  surmises,  asareii 
this  plea,  of  oath  evidence  and  ronscienct'. 

Tlierefore  was  that  villainous  and  severe 
jud^ent  formed  by  law  in  atuints  for  eit- 
cutmg  false  verdicts ;  and  it  were  hcU  jonn 
would  know  or  remember  that  they  are  bUs 
to  attaint  for  excessive  damages.^ 

5  OOj,  Mr.  Hale  made  another  objedioi 
that  there  never  was  such  an  action  bron^t 
as  this  is  against  a  juror  which  pre%siM, 
therefore  he  would  infer  I  suppose  the  action 
is  not  maintainable. 

Answer,  That  actions  have  been  brooght: 
all  the  books  cited  by  Mr.  Hult  do  shew  soch 
actions  were  brought  and  defonded,  or  at  kux 
endeavoured  to  he  defended,  by  preseDUneni* 
and  indictments  upon  oath,  &c. 

There  are  many  prcce<lents  (RastalPs  En- 
tries fol.  123,  &c.)  where  the  actions  did  pre- 
vail upon  such  plea,  upon  the  plaiutifTfi  repli- 
cation ofnul  tiel  record  of  sucn  prescntmeo'A 
or  indictments,  and  upon  such  failers  of  pin- 
ducing  the  records,  judgment  lor  theplaiutiiSi 
in  the  actions. 

*  **  irthcseproceedingsiiiay  notbequestinn- 
ed  be  they  never  so  false,  nevlr  so  scandakHCk 
never  so  much  out  of  tiie  iuquiry  i»f  the  jun, 
by  action,  the  law  will  be  defec  tivv,  fitr  tbervi^ 
no  other  nmcdy  for  the  injuivd  subject :  be 
cannot  traverse  fur  no  crime  ch:-rgcd ;  he  can- 
not acquit  hiinsi'ir  froui  such  infamy,  by 
havina:  such  libell  taken  oiV  ihv  record.*'  3IS. 

f  *'  Juries  are  Vmlne  to  attaint,  mi  the  U* 
su|>|)0S('s  they  ina\  c-r:*,  r.ud  that  \fiifuUy  anJ 
maliciously.  Yel  a  Graml-jurv  <-anii«il  be  tl* 
tainted.  They  mav  ofleiid  with  iuipunitr.'* 
MS. 

§  See  Proceedings  between  the  dukeof  Yori 
and  Titus  Gates,  vol.  10,  p.  1^5,  and  ths  H^-s 
there. 


tfr^^t  JeUberation  prevailed, 
r  prodecutioiiii  have 


u    ins  to  prevent 

^         4^  sii\e  the  lives  of 

Docenl^y  bec^au^e  of  the  4lrt*ad  ofsnch 

J  if  t bey  ?fhrni!fj  be  aaiuiiteiL 

Hm  hy  il  '  WQn  whut  Mi*.  Holt  <1i<l 

in  prui  uevciUivc  |iart  of  justice, 

IS  jHvJcrablt:  to  punishing  justice;  in 

I  agree  uitli  him,  hy  uUowiug  sut  h  ac- 

-  iint  f^e  «iiU  malii*uHi!j  tirtmc- 

4U«  is  uAeu  *ecoaflc<l  ana  s up- 

|k:iJillieE. 

case  of  a  falcce  and  malicious 

alar 

tD  the  proceetlinijs 
^|fatir$t  iijv  l^h*'  iind  umHcious  m-ov^rutofp, 
lb«t  nulilic  justice  war*  cojicerned^  tliai  it  might 
fe«  ot  ill  coti£t4|urnc!e  : 

Yet  the  pr^fredini^  allowed. 

\nd  tha«  < 

us, 
■  ^d  provide  to  s^ecurc  men 
r  fafifc  accusal iouii,  cspc- 

I  wits  tlie  Writ  De  Odio  et  Acifl. 
lin  iJje  Gunuuon  law  ia  a  law  of  nifircy^ 
degia  prevent  as  much  as  may  be  Mite 
^om^  at]d  to  delcnd  mcD  wlui  are  falsely 

i. 

i  Objection,  Mr.  Holt  did  reljr  yery  much 

'^  \  em^  mentiocied  in  Dyer  in  an  ac^tion 

Ddalis  IH&fifnatiiiii  brongbt  Uy  the  lord 

LUst  sir   Richard  Crofis  and 
/i,  KeiUvay  ^6.) 


^ eiatuin;  the 

^f!,.;^  — '  -  ..  Miiiu^  .  the 

!!»   ft  reg^ulnr 

..,  „  ......  ^.  juaticci  andal- 

i^od  plea, 

per,    ^riiat  was  n  leg-al  proceertinfir  in  a 


J  684.—/^  ScandaliiiA  Magmfum.   [  14  lO 

cout-se  and  court  of  law  lo  tfy  wbethcrr  a  dwd 
^Vits  forjfc'if.  utid  a  1<«  no  more  criunuul  than  t<> 
brlnij^  nn  »iiist  a  liu'd  iur  a  lulse  vci- 

diet,  whit!  I  iu  timt   cose  rqiarted 

KeHe^vay  :it  larifr. 

It  iip-it-ar*  iti  Kt^ilway  the  ilef^ndaut  jitstifiu 
^  :  It  dependini^  nt  the  ti?ry  lin»e  of  the 

liij  iu  tire  dti*luratiou,  utherwiJii^  l»t» 
pkailiu;^  that  it  was  the  same  shitnler  which  is 
iu  the  writ  *  de  false  fiuts  foig^er,*  and  th«» 
•dander  iu  the  declaration  would  not  have 
servetl  without  tiavprsjug  all  other  alandeni 
hcv(i>re  and  alUr  (p-  29.) 

What  comparison  i^  there  between  thfise 
cases? 

The  Writ  of  forger  de  fault  faits  U  a   re- 
gular pro  ccf-dlntr  hy  writ  io  due  course  of  law* 

An  at»c;  w  course* 

Yetthr   i  if  lie  shall  proceed  faW 

and  maltdously  without  cause  is  perhaps  liaV 
to  cafse. 

lint  here  is  no  form  of  law,  do  due  procec4' 
iug^iu  course  of  law. 

To  conclude  this  matter,  and  to  maintain  thi* 
action  upon  thi;*  record,  1  shall  depend  much 


¥ 


*  Smyth  V,  Crai^aw,  Cn>.  Car.  16.  Palnier'i 


E* 


andrhen  k 

The  t !  '  1"''^ 

bill  iu  tilt  f' 

pirat<^  attii  ^  ^   ^  ^  _  ^^, 

d^rs  and  piracies : 

^\  hich  offtiices  Were  not  putibhallc  ar  tie- 

terminable  in  the  Star- chamber,  in  an  actioti 

upon  the  case  for  these  words,  it  wa^  tin  plea 

to  say  tlii^  was  in  a  courseof  juftic*^  in  a  VgttI 

and  supreme  eoitrt,  hec??use  th^  coiiri  \mA  M 

liction  of  th»s    :  K 

t' r  of  thehill  WL 

\       *  the  par;^  i  t 

lhi>^  1  ,  and  iha'  t 

SaUlt-  IU  *  n  ■►;  f-oUrt  ;     "     '  :i 

upon  recnrd   to  tlr  i 

-•■■-•V    ....,!  I..,  i,-..  ,__  ...  ^.^    ,.,e 

accuse. 

And  if  it  sbnuid  be  othi.rwuee  it  would 
hitjhiy  incooveuieut ;   in  our  case^  if  it  he  tr^ 
wliat*I'hdv»>  prcuast-d  there  h  no  way  to  ttV 
Um  libel  iifaUe,  but  iu  this  action  upoti  I Ihl 
case. 

There  hAth  been  no  proceeding  upQn  tbit 
pre»enrm*iii!  from  the  making  of  it* 

He  canniii  have  it  taken  on'  the  tile  in  that 
couit. 

He  cannot  bring  it  to  trial,  for  it  imports  do 
certain  crinne. 

He  mu5t  for  ever  lie  under  the  obloquy  of  it, 

|i,  .  ..>t,,..  f.^.-..^,„  fVij^  prftcntuu'ui^   what 
aha  I  t  cheosion  of  the  j  luy , 

or  \\1.--    ...-,. 

lie  hath  nn  i  himndrDDd  hiv 

honor  but  ill  ill  !i  he bMlh  brought 

for  thia  purpose. 

He  bath  in  this  action,  by  his  arernictnt  in 
liis  declaration  of  the  fal^ihtn  oftbia 

4X 


M 


Mil]  STATE  TRIALS,  36Charles!L  \6S4.^E.ofMae€le^ld9.Siarkaf,[m% 

ment,  and  of  bis  own  innocency,  given  the 


defendant  an  opportunity  to  justify  this  accu- 
sation, which  will  prove  or  disprove  this  writ- 
hi^,  aJl  w  hich  tiiis  defendant  bath  avoided  by 
this  insufficient  plea. 

There  is  no  declaration  that  ever  I  met  u  ith 
that  suits  better  with  the  words  and  design  of 
the  Stat,  of  2  Kic  2,  than  this  declaration ;  here 
is  a  peer  slandered  by  devisors^ of  false  and  hor- 
rible lies,  whereby  debates  and  discords  may 
arise  between  the  iiords  or  between  the  Lords 
tnd  Commons;  therefore  it  doth  enact,  that 
such  devisors  or  tellers  of  such  false  lies, 
•hall  be  taken  and  imprisoned  till  be  and  they 
have  found  him  by  whom  the  words  were 
moved. 

This  action  is  not  brought  for  a  hasty  pas- 
tionate  word,  as  many  are  brought  upon  this 
statute ;  but  upon  this  premeditated  and  pre- 
pared libel  against  this  peer,  which  he  calls 
false  and  libellous  in  this  declaration,  no  per- 
Mon  dariue  to  enter  it  in  any  due  form  of  law : 
Whereby  the  plaintiff  may  have  an  oppor- 
tunity to  acquit  bimstlf  of  this  false,  scan- 
dalous, and  malicious  accusation. 

As  this  declaration  doth  agree  with  the 
words  and  design  of  the  statute,  to  deliver  the 
lords  and  peers  of  the  realm  from  scandal  and 
reproach  occasioned  by  devisors  of  false  news 
and  liesof  theui; 

So  the  occasion  of  this  action,  [qu.  statute] 
If  history  be  consulted,  doth  suit  with  the 
temper  of  roauy  devisors  of  such  false  news 
at  the  time  of  the  making  of  this  statute  : 

For  whose  punishment  this  law  was  insti- 
tuted. 

If  this  course  be  allowed,  here  is  a  new  way 
found  and  adjudged  tu  libel  an  innocent  peer 
falsely  and  maliciously,  by  conspiracy,  when 
he  is  witfiout  remedy  ;  this  is  a  repeal  of  the 
statute,  2  Hie.  U. 

1  shall  mention  to  the  court,  and  but  men- 
tion, a  roll  1  lately  found  in  a  table  to  some  of 
iny  lord  chief  justice  IJale's  Records,  men- 
tioned in  Ills  books  in  Liiicoln*s-inn  Library. 

M.  9Edw.  '2.  Conspiracy.  "Ou  gist  vs.  Co- 
roners et  IndictiTs,  I^norantia  lejris,  Slander." 
Hill.  8  Edvv.  3.  Hot.  75.     Ibid,  action  sur 
case,  *'  vers  Jurors  que  verdict  ul  court 

et  al  auters  :  Conspiracy.*' 

I  had  not  time  to  look  into  these  Records, 
yet  mention  them,  that  I  may  have  hberty  to 
attend  the  court  with  them,  if'i  shall  And  them 
of  ujiC  in  this  matter. 

To  coiiehide,  I  presume  to  say,  » 

The  plaiiititf  hatii  a  good  cause  of  action 
well  alledged  in  his  declaration  against  the 
defendant,  upon  a  false  and  scandalous  writing 
against  a  |)eer,  for  which  he  hath  brouj^ht  a 
pro|)er  action  upon  the  Statute  Dc  Scandalis 
Magnatuiu. 

'I  he  defeiMlant  hath  not  sufficiently  answer- 
ed this  dcchiration. 

l«.llis  plea  is  defective,  for  that  it  doth  not 


appear  the  Sessio  Cetir*  mentioDed  in  the  plea 
to  be  a  court  having  jurisdiction  of  this  matter. 

2.  This  writing  in  itself  appetrt  to  be  i 
libel  against  the  plaintiflby  and  is  nother  pre- 
sentment nor  indictment,  nor  ought  to  be  is 
received  in  a  court  of  iustice. 

3.  The  traverse  in  the  defendant's  plea  a  dt- 
fective. 

4.  And  that  this  court  will  consider  how  tbii 
great  peer  had  no  other  course  to  right  bin 
against  this  libel,  but  by  this  action. 

5.  That  this  action  doth  naturally  oooflit 
with  the  provision  and  designs  of  the  Sutoli 
De  Scandalis  Magnatum. 

6.  That  it  will  be  of  dangerous  eonseqneaee 
to  the  king,  to  tlie  Peers  and  Commons,  sod  ta 
the  true  execution  of  the  law,  to  |pve  juii^^niest 
a^inst  this  action,  and  to  establish  grand  Jo- 
nes in  such  unpresidented  presentments  effs 
against  the  t  the  sutute  9  Rie.  1 

Upon  the  Writ  of  Inquiry  the  circumstSDcei 
of  this  accusation  will  appear  to  aggravate  sr 
lessen  this  offence  against  the  plaintiff. 

And  what  is  offered  in  bar  to  the  i 


may,  if  true,  be  a  means  to  alleviate  the  da- 
mages, hut  cannot  defend  and  justify  thii 
writing. 

Then  will  appear  the  malice  and  ftlsitjr  sf 
the  accusation,  or  the  zeal  and  inadvcrlncj 
of  it,  to  ffreaten  or  lessen  the  daaiages. 

Therefore  I  pray  judgment  for  the  plaiotiff 
and  for  the  statute  S  Ric.  8,  upon  this  ubeUsoi 
writing  against  the  defendant. 

Palmer's  Rep.  f.   145,  Ayrcs  v.  Sedgwick, 
18  Jac. 

If  a  witness  upon  his  oath  shall  speak  sbii- 
derous  words  which  are  not  pertinent  to  tbc 
issue,  or  to  the  point  to  \^  hich  he  gives  evi- 
dence, an  action  upon  the  case  lies  for  the  per- 
son slandered. 

Obitbr  f.  113,  Jerom  and  Masiu's  Case,  43  Elii. 

If  one  juror  shall  Ubour  another  juror 
unduly  to  give  his  verdict,  an  action  upon  the 
case  lies  against  him,  for  this  is  in  nature  of  a 
conspiracy,  because  this  is  dehors  the  oath  oft 
juror,  by  undue  course. 

Ruddock  and  Sherman's  Case,  16  Car.  Banc' 
Regis,  Roll's  Abridg.  Case,  f.  112,  pi.  9. 
[S.  C.  1  Danv.  209.] 

Case  lies  against  Churchwanlens,  for  falsely 
and  maliciously  presenting  a  person  with  io- 
tcntion  to  draw  him  within  the  censures  of  tbo 
Ecclesiastical  Court  for  adultery  ; 

Though  before  the  archdeacon  of  Sudbnrr, 
and  not  averred  that  it  %vas  within  his  jurisdic- 
tion, yet  the  action  lies,  and  the  vexation  the 
greater. 

t  Here  in  the  MS.  a  word  or  two  are  illt< 
gible. 


IS]  STAtETRIALSv3«CnARLi!in. 


■^1 


JvwftCT,  Snicrr**  Note  of  tbe  Plkadihge, 

JuDGM£.HT^  AWD  AuTllORlTltS*    IN  THE  CaSE, 

lU.  or  Macci.e»fi£ui»  AOALN(»r  Starkcv. 
^Ugmgl^  communicated  b\f  Mr,  Hargravt-I 

r.^47oM«»  MACCLESFrEU)  V.  Stark er I  in 

SCANDALVM    MauNATUM. 

Plaintiff  declares,  quod  est  par  regiii  et  udus 
ffciier€«omm  regm  msyestatiti  cubiculi,  et  cum 
UucH  el  fidelitate  sc  ^essii  erga  dominum 
.  et  quod  le  defendant  ex  ineni  niatiti^ 
lil  m^,  habiU  et  pnEcoi^^^itatit^  ITmo 
^Car,  2,  per  cods|h rations m  inter  ifisum 
it  flilOidam  Thomam  Urosfenor,  P«*irura  Sha- 
korleyt  ^^  quendam  scandolosutn  libelltitn 
BOnliv  Q,itereiit£m,  M'ih  et  malitios^,  per  ipaoa 
ehiOAluJii  et  ini-eutum,  fals^  et  tnuUtiote, 
^•UquJi  legati  fi€U  ratlonabili  causa^  bcribi 
%th  et  8i€  luaciiinatuin  et  ticriptuni  publi- 
Ice.  ad  defumaDduiD  et  scandalisuindiiiu 
eiHi  cujiis  tenor  secjuitur,  .>cc.  *  We, 
^raadgury,  sworn  to  iaquirc  for  the  body 
Tthe  coutit)  otCliester,  on  17th  Stiptemberj 
•  Car,  'i,  lt.i»ing  heard  his  majesly'i*  De- 

*  cUimtion,  concemittg^  the  treasottable  conspi- 

*  mcy  agaia^t  his  person  and  goTemtncnt,  read 

*  tottf^&c.  preaentoarapprdien&ionsot'daoger 

*  frfHii  a  dtMatUfied  party  in  this  cotintv»  pro- 

*  mot'mg^  a  neditioun  address  to  the   knights 

*  lately  chosen  tor  parliament  for  our  county, 

*  and  unanimously  aasembSed  mth  schisraaticKS. 

*  and  disaffected  to  the  reception  of  JanicH  duke 

*  ef  Monmouth,  who  has  appeared  a  prime  con- 

*  fibdcfate  in  the  lute  treasonable  cotitpi racy ,  the 

*  COf&oourse  of  armed  persons  attending  hioi  to 

*  tiie  terror  of  \m  luajesty's  good  and  peacealle 

*  aalnecti.    For  remedy  whereof,  with  relatioa 

*  ta  the  nublique  peacr,  wee  conceife  it  expe- 

*  dient  that  the  principal  promoters  of  the  said 

*  aediljous  iiddrettii  and  routous  reception  of  the 

*  duke  of  Monmouth  and  his  associates  in  this 

*  OOttnty,  should  be  obliged  to  ifive  security  of 

*  the  peace,  and  particularly  Charles  carle  of 

*  llACcleiiHeld,  Richard  h>rd Cokh ester ^ Charles 
fiord  Brandon,  Henry  Uooth,  tisq,  sir  Hubert 

Hpiitloii,  itir  Wiltuug^huy  Aston,  sir  Thos,  Man> 
^baring,  kc.  cum  nl(i«i»  AcCt'  Uuem  hbellum 
^btaocnteni  in  $e  falsa  mendacia,  le  dettndant 
^W  el  poblicari  cauxavit  et  procuravit,  ubi  re 
»  vorik  idem  Comej<  nunquam  tuit  disatfectus  ad 
regimen  htijua  rvpUy  nee  perturbator  pacit»  ad 
dimifium  1U,(KK>  lib. 

I^  diffendant  [dead  quod  mesmejour  et  ann. 
al«  Sosiond*  r|. *»-•*--  ^.r^  f-r r-t-^ntu Chester,  de- 
taiil  lea  J«>^!  tr  le  lloy,  f^*-. 

tedel«ndar»l,    .    .  i  ...i..    UrosTcnor,  Ace. 

in  le  dcctariition  uoiiunut^  cum  quibusdaiu  aliis 
impanel  (at*  et  retomut'  I'uerunt  fore  ]ur«torea 
liMkgiiw  iaquifiitioni^,  Vc.  ad  i(i<purandum  pro 
UomiiH)  ReufCfet  pro  corporeCormtnti^^  Ce«trtH% 
ige*  Q^umI  ad  eandcm  Se««ionein,  debtto  niodo 
otaverunt  in  pntnlicttif  Atig^licaniH  terbin, 
^^tfratiotx  MftK,  |.»rout  «>i  bene  lit^uit  t 

ho^,  I  cuJpabiiit  de  pnt^niistif 


iSBi.-^/or  Scandalum  Ma^naium.  fHlVj 

in  Comitatu  Berks,  seu  ahbi  extra  Comitatun 
Cestriiei  vel  ahtc^r  %el  iilio  modo,  quam  pru:^ 
dicius  Johannes  Slarkey,   per  pUcilum  pruj^ 
dictum  all^ijcavit,  et  hoc  |taratus  esit  vertticar 
uude  petit  judicium  si  prajdictus  Comes  ac-^ 
tiouepi  auaui  prxdictam  versus  euio  ha' 
debit. 

PU*  demur*. 

Judicium  per  totam  Cariam  pro  Ucfendente. 

Fitzli.  N.   B.   115.  C.  et  D.  si  Juror  soil 
Juredenquire  il  ne  aerra  puny  pour  ce  que  t 
tist  quant  luit  Jure,  30  Ass.  21,   Bone  Plea  iiij 
conspiracy  quod  defendants  fuerout  indictoarsi 
et  ce  que  ils  tieront  fuit  per  force  de  lour  se*  | 
rement, 

Br.  CoDspiracy,  PJa.  1. 

4.     35  H.  6«  14. 
11.     7  H.  4,  31, 
9S.     n  E,  4.   18. 
90.     SO  Ass.  Q  U 
97.     97  Ass.   n. 
\5,     «1  E.  3.  IT. 
Coke  V2  Hep.  23.     Lloyd  tr.  Barker. 
Bridgrman's  Rep.    131*     Ag^  v.    Wyld 
et  auters, 

Br.  Consp.  S7. 


I  apprehend  that  tht  earl  of  Macclesfieldi' 

the  PlalnllflT  in   the  above  Case,    and    lor< 

Brandon   his  sou  (who    is   sometimes  caJle 

lord  Brandon  Gerard »  and  sometimes  lord  Ge^ 

j  rard  of  Brandon)  were  the  only  two  eark  < 

j  I^faccicsiicld  of  the   House  of  Gprard.     Tlw 

;  former  of  them  was  afterwardsi  oullawed  ; 

the  latter,  whom  1  conceire  to  have  been  hus^ 

band  to  the  celebrated  mother  of  Savage  ihi 

jwel,  was,  in  \6f\5^  tried  for  hit^h  treason. 

,thi«  Trial,*  I  have  not  seen  any  full  report  | 

I  but  iNarcissiis  Luttrell,  in  im  MS.  **  Historic*' 

I  Rplfttion,*'   in  I  he  Library  of  All  Souls^  Ox- 

I  ford,  gives  a  short  accuunt  of  il ;  which,  to-J 

,  ffeiher  with  other  particular  relating  to  the 

fords,  l  here  insert,  as  follows  : 

**  Au(?,  Cth,   1035,    was  published  bis  ma- 
I  jestyV  Proclamation  for  apprtrhending  Cliarle' 
I  earlof  31accle»5cld  for  high  treason,  forbiti  din 
all  persona  to  receive  or  harbour  huu  at  the 
pet  il. 

**  Nov,  14lh,  1685.     Lord  Brandon  car 

from   the  Tower  b)     Habeas  C'ir|»us  to  th 

Ivin^*s4»enrh  bar,  ami  was  arrai^n'd  on  an  ii»! 

I  dicunent  of  high  treason  against  the  late  ktnif; 

I  ht!  pltadtd  Nut  Guilty,  and   lii^i  trial  wan  ap 

pointed   the  'i5th  ioU.   no   he  was  runmoded 

I  ai^aiu. 

**  Nov.  25th.  The  lord  Brandon  Gerard  was 
brought  to  his  trial  at  the  Kin^f- bench  bar, 
upon  an  indictment  of  high  ti^oann  again^^t  th^ 
laie  kittg,     Ue  was  tried,  by  a  jury  uf  th^ 

♦  See  roudwrbach^s  Reports,  pp.  3,  5,  from 
which  lH)ok  it  appears  that  a  motion  iu  Arrest 
ot'  Jutl^^mcnt  was  made  ou  the  part  of  lurd 
Braudoti  aud  overruled. 


1113]  STATE  TRIALS.  36  ChaklesH.  lff8ll--JE.<^Jl£irckifSU/«.Sirfby,  [UU 


county  of  Mi/fi!Ie*!CT,  of  vhljich  he  cballengeil 


■i  peirmptori! y :  there  were  many  of  the  no-     JDAJesly»  ind  bad  the  hooour  to  kiss  his  hand 


hility  and  gi-ntry  to  hear  his  iriaf    The  wh 
npsses  a^'^inst  'him  were  3Ir.  Keelinflr,  who 
safe  an  account  of  the  general  con<«piracy 
onlv  ;  thrn  aip&inst  him  m^To  partictihirly  were 
i-Honbl  Riirusey  and  thr  hu:  l«»rd  Grey,  and  i 

oiic  Sexton.      Colonel  KuirjAey  iwore  as  to  !     ,  _ 

fccveml  iliscourses  he  had  %»ii{i  the  prisoner  i  Friday  next. 


he  offered  his  life  and  fortune  to  Lis  pmn 


which  wing  done,  the  junr  withdrew  for  almij 
haK'an  boar,  and  tbea  retonied  Mid  fottd  tbi 
defondant  Guilnr. 

*'  Not.  28.  The  lord  Brandon  came  ap  and 
had  sentence  past  upon  him,  as  nsual,  in  cmtt 
of  treason,  and  that  he  shoaM  be  executed  oa 


about  his  seizing  the  kin;sr  as  he  went  to  the  ■ 
parliaineut  h^iise,  or  as  he  came  front  New- 
market, that  he  would  |»roii«Ie  twenty  men  for  . 
it,  and  furnish  (as  small  an  esUte  as  he  had)  ' 
five  thousand  pounds  towards  carrying  ou  the  ' 
insurrection.      The  lord  Grey  ii^\e,  a  ^ery 


jrd  Grey  ^         _     _.^ 

handsrime  acrouot  of  tliii  Mut  in  ^neral;  then  ' 

«s  to  the  prisoner  that  his  post  u  as  in  Cheshire,  I  of  treason, 
that  he  was  to  Jtecure  the  fr»rt  in  Chester,  of '      «*  Nov.  26. 
which  he  had  heard  him  discourse  with  sir  : 
Thomas  Arnibtrunqr*  sereral  tinus;  that  at  a 
Tiiectingr  at  the  George  and  Vulture  in  the  city, 
where  several  were  met,  we  hail  a  d\scourse  of 
the  insurrection  intended ;  and  upon  the  whole 
he  never  saw  one  so  forward  for  a  rebellion, 
who  had  not  the  coaraj^  to  rise  when  there 
was  an  opportunity.    Thomas  Sextonf  testified 
the  prisoner  should  tell  him  ofct  a  pot  of  ale 
that  they  inten<Ied,  (since  this  kingr  came  to 
the  crown)  to  set  np  Monmouth,  and  there- 
fore they  did  intend  to  rise,  and  for  that  par- 
pose  writ  a  letter  to  Monmouth,  which  the 
prisoner  shew'd  me,  and  I  saw  it  after  in  i'^Ion- 
roouth's  hand  in  the  west,  when  he  landed. 
Now  the  prisoner's  defence  consisted:  1.  Of 
obje*rti.»ns  aj^inst  the  wituesses ;  as  to  Keel- 
«i(f'.yHidi-nce,  he  said,  that  touch M  him  not,  j 
l»ui  he  (lid  iM'lieve  as  ii.iirii  as  any  one  the 
lf<'neral   consjiiracv  :    as  to   U:iiii«»v.    he  oh- 
ji'crid  ivliy  Ih*  li:uf  not  discovcr'il  ti". .  sooner;  " 
whiT«Mt»  Iji-  hail  Ik  en  i.i  piLviii  foniuTlv  and  " 
Cfune  out,  nonr  of  this  heiiiof  tU]  cti  d  a^.iiiist  ■ 
hiui:  flitn  he  irovtd  l»v   \\\n  o.-  tliree  lonis  ' 
that   ]{innw.'v   hail   sworn   ditreni.tlv   at  Mr.  I 
Cornisli's  trial,  than  wh:it  he  di.l  ai  the  lord  . 
IJnsscir.s,   as   to  the   mf«Miii.,r  at    .Shepln-nrs  ' 
aliout  tlH-<lr(|;jr.|t|o:i,  this  \.rv  fiillv  :  then  as  ! 
to  the  loni  (.'re V,  he*  '  hjrc.'iil  \w  wiis  onilau  'd  ! 
h»r  tr-axon,  vl  roiiM  ll«-  no  wimess;  l:u!  this 
JIh"  conn  lull  was  sal\M  \.v  a  |,snl..n  uliirh 
his  lonlsliij,  !,::,!:  ilj^,  atr^-.inst  Saxton,  Im-  i)Mj- 
trsttil  1m'  kn.  w    liiii,  „„t.  |„„.  ua.s  vvvr  with  ' 
hir:i,  ol:jfrfin:r  |,„,v  ,„.ii!.,.|v  it  was  he  .■.hoiihl 
oonimuiiifan-sMrii  mall-..  N»  so  mr  m  and  in- 
c-onsirl.  i:iM<.  a  rrjlow,  .vri'i   wiih  uli-.-jh.-  ii.mI  . 
II"  arcj:  a-'it:-:;...;    hot  l.fsiMe  tlie  <rM:;e:ice  h«?  : 
^'■•v«f  o.'ild  I,  .f   I,"  f:-!;..,.  notic<M)f  <mi  tiii>  in-  j 
dirtriMiit,  tor  tint  v.n  .  lor  treason  a^ai.jst  the  > 
laft.-  kin^r^  and  his  c\  i;.riie<'  went  only  as  to  his  | 
.'  I  TO 'I  need  several  i 
^»Ii'.)_  fi^a^e  a!i   a*'-  ' 
;;:»!ier  and  hlui-^r!!',  ! 
ii  '»  1  ot'Monitiouili ; 
landed  in  the  uc^t, 


Jan.  l#3ar.  The  lord  Brudon  (who  wai 
come  tinse  since  ooDTieted  of  high  traiee)  mi 
lately  bailed  out  of  the  Tower  by  erder  fian 
the  (ing-. 

"  C>et.  24th,  beiagr  the  1st  &▼  nf  the  Term, 
the  lord  Hrandon  Gerard  pleailecf  at  the  KiogV 
lieuch  bar  his  majesty's  pardon  for  hkattiiMcr 


The  lord  Brandon  appeand  in 

the  Court  of  Kingr*s.  bench,  and  dHivcrtid  iaio 
court  his  Writ  ot'£rror  to  reverae  his  attaioder, 
which  his  majesty -bad  been  pleased  t»  fraot 
him,  and  acconlmgly  it  was  rerers'd,  tlk:  u- 
torney  general  consenting  thereto. 

«'  April  18,  1689.  The  earl  of  MaccWi- 
field  bath  rereni'd  bit  outlawry  in  the  Court 
ofKing't-bench." 

Of  James's  lenity  to  lonl  Brandon,  sir  Joiin 
Reresby  nys,  *^  Tbe  king,  as  if  he  had  a  miod 
to  shew  us  his  disposition  for  clemency,  de- 
clared he  had  repriered  the  lord  Brandoa,  wbo 
was  to  have  been  executed  three  da\s  after- 
wards, which  it  nmst  be  owned  was  a  great  act 
of  mercy  in  his  majesty,  this  lord  having  btto 
panloned  in  the  Ute  reign  for  breaking  a  buy's 
neck,  when  he  was  in  h»  cups,  of  which,  be- 
insT  convicted,  he  was  condemned  as  (fuiliy  of 
murthcr."     Memoirs,  223. 

Of  the  Trial  for  3Iunler  to  which  Uere^l^y 
alludes,  I  know  nothing  more.  The  follonibi; 
indictment  is  printed  in  Tremainc,  39  : 

Rex  versus  CoMrr.  3Iacklesfeiij>. 
Hill.  4.  Jacobi  Socundi. 


present  mnjp^ty.  Tin  n  ! 
ii'd)iciii.>:i  and  Vf"»'"'.i'Mi 
''"unt  of  the  lovaltv  c.f  I  i 
that  he  li.«.!  1  w',-\  I'lean  o; 
and  that  when  Munnioiuli 


*  8ce  his  Case,  p.  10(1,  of  this  volume. 
+  Hfp  in  this  Colleclion,  the  Case  ot'  lord 
Di'laiuere,  a.o.  10D6. 


fs.  Quod  Carol  us  C-omes  MacklcsftnlJ 
nnp'  dr.  Sec.  cxisten'  p'son'  Keditiosa  et  pnve 
mentis  m^non  iiiipie  inquiutc  turholmt'  tactwie 
et  spiliiiose  disposition'  ac  machiuaiis  pnc- 
tic:.u^  et  lalso  nialitiose  ilhcite  nequit'  iojoste 
«:t  s(  di(ti>sv  intcndens  nai*<?m  l>>m'  Candi  S^ 
niiifii  niip'  Het;is  An^l*  &r.  oc  coinmunfm 
tiaiiqni  Hit  litem  hujtis,  Kegni  Angl'  iiiquiefsre 
lue.lt^^laroet  p*iurl>are  et  sedition'  ct  rebeliwi' 
iiifia  hoc  llei^n*  Aiigl'  suscitare  movpiv  et 
|*'ri;i*:ir"  ar  iifuhornation'  diet'  nup'  Dom'  Kec^» 
in  ii'je  Kejfn*  Ans^l'in  pericul'  infcrre  Qu«k|; 
prid' C.  Comns  MackiesfiHld  ad  nw]Hi*<MNH 
nola:.di'i>-iinas  ct  spfhtiosas  intention'  suaspied' 
I'.ri  iiii[  iend'  i»eriH»^end'  rt  ud  etfectuin  rtdigfud' 
;•')  t'.ie  Muii  Anno  llegoi  Caroli  Secondi  oup' 
J{ogis,  &c.  35  et  diverMsal'  diebiis  et  virilw 
tarn  antca  quam  postea  Vi  et  Armis,  ^c.  apiid 
paroch',  &c.  falso  illicite  injuaie  nequit'  anli- 
tiose  factiose  et  sedttiose  ae  aaaemUabat  eos- 
Teniebat  consoltabtt  et  Mlftftoabat  cub  F«rf 


7]   STATE  TRIALS,  36  Cuarlbs  II.  i684.— /or  Scanialum  BUgmimm.  [1418 


'  Dom*  Grey  et  diirersif  al'  maledisposit' 
»n.  p'fai'  Attoni'  diet'  Dom'  Regis  nimc 
end'  adhite  inoogBit'  et  earn  eisdem  person' 
IOC  et  ibid'  tnictabat  de  eisdem  suis  iiefaii« 
imis  etseditiosiscompanAioii'  imagioafion' 
ro|iosit'  p'impleod'  p'iicieDd'  et  ad  effectum 
genii'  Et  qnod  p'd'  C.  C.  M.  uHerins  ad  ne- 
tsimas  nemqdissimas  et  seditiosas  machiua- 
'  practjcation'  et  intention'  soas  p'd'  p'im- 
mP  p'fictend'  et  ad  effectum  redigoaa'  ad- 
c  et  ibidem  sciK.  dicto  SO  die  Maii  Anno, 
et  direnis  al'  diebus  et  Ticibos  tarn  antea 
m  postea  apud  paroch',  See,  Vi  et  Amis, 
falso  Ulidte  injoste  nequit'  pialitiose  fac- 
e  et  seditiose  consaltabat  consentiebat  con- 
abat  et  confederabat  cam  pred'  Ford  Dom' 
y  el  dirersis  al'  male  disposit'  person'  de 
inrection'  et  rebellion'   mfra  hoc  Regn' 


Anglic  fiend'  et  de  p'cnration'  et  p*? iaion' 
armor'  et  hominum  armator*  p'parandor*  in 
diversis  locis  infra  hoc  Regn'  Ai^'  ad  easdem 
nelandisBimas  et  seditiosas  intention' compas-^ 
sation'  et  p'posita  sua  pred*  perimplcnd'  per* 
ficiend'  et  ad  effectu'  redigend'  Omda;  pred' 
C.  C.  M.  uHerius  ad  nequiasimas  nefimdissuaas 
seditiosas  et  diabolieas  machination'  practioa- 
lion'  et  intension'  suas  pred'  perimplend'  per- 
ficiend'et  adefiectum  rediffend'  pesteasoiKt' 
dicto  SO  Maii  Anno,  &c.  apud,  &c.  nJso  ilUcittt 
injuste  nequit'  factiooe  et  seditiose  sup'  se  as- 
sumpsit et  pred'  male  dbpostt'  i^ot'  p'misit  se 
fore  assistent'  et  p'sonalit'  Auxihant'  id  easdem 
nequissimas  nefondissimas  et  seditiosas  intea* 
tion'et  compassation'  suas  p'd'  perimplend*  et 
p'moTcnd'  in  contemptum  legam  Scc»  in  malum 
exemplnm,  &c.  Ac'oontra  pacem,  &c. 


EN^OF  V;OL.  X. 


Printed  by  T.  C  UanMrd,  Peterbofougb-Coiirt, 
Fleet-Street,  LondoB. ^ 


^v. 


^77  J7/sr  Sj-oosT* 


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